APII Background Information

The Air Permit Improvement Initiative (APII) was created in 2003 by DNR Secretary Scott Hassett. It requires the agency to streamline its air permitting program while maintaining environmental standards.

The creation of APII stemmed from growing concerns about the significant time and effort needed to produce an air permit, and whether that time and effort actually and consistently resulted in measurable environmental benefit. In addition, a large backlog of uncompleted operation permits led to several things: environmental groups petitioning the EPA and a subsequent "Notice of Deficiency" from that agency; a Legislative audit of the air program; and numerous complaints from industry.

Meanwhile, in early 2004 the Legislature passed Wisconsin Act 118, also calling for permit streamlining. This law provided legislative direction and statutory authority to many provisions of APII. Also, Governor Doyle published the "Grow Wisconsin" plan in 2003 in response to significant economic challenges faced by the state in recent years.

• Grow Wisconsin
• Wisconsin Act 118
• Legislative Audit
• EPA Notice of Deficiency

The goals of APII include:

• Developing permits more quickly without sacrificing environmental standards.
• Freeing staff from permit issuance to allow more time for business assistance.
• Creating alternative regulatory tools as substitutes for permits.

Grow Wisconsin

In September 2003, Governor Doyle published the "Grow Wisconsin" plan. This plan described Governor Doyle's vision and strategy to create good paying jobs and a "high-end" economy for the State of Wisconsin. The plan focused on fostering a competitive business climate, creating an environment aimed at growth, investing in people, investing in Wisconsin's businesses, and making government responsive, to reform regulations and unleash the economic power of companies without sacrificing shared values. It was developed in response to the significant economic challenges faced by Wisconsin in recent years.

To read more, see:
"Grow Wisconsin" plan [PDF 275KB]

Wisconsin Act 118

In 2004, The Wisconsin Legislature approved Wisconsin Act 118. Act 118 required the Wisconsin Department of Natural Resources to streamline its air permitting program through expanded permit exemptions, registration and general permits, construction permit waivers, and permit consolidation. Act 118 also requires the analysis of the federal Clean Air Act and whether it imposes certain limits on the DNR's ability to carryout streamlining initiatives. The Department was required to submit a report to the State Legislature by September 1, 2004, outlining its streamlining efforts and future schedule.

For more information, read:
Air Permit Streamlining Efforts

Legislative Audit

In February 2004, the Legislative Audit Bureau completed its evaluation of the air program. The report focused on two separate permitting programs: the operation permit program and the construction permit program. The Legislative Audit Bureau found deficiencies including the fact that as of June 30, 2003, the DNR had only issued operation permits to slightly over half of the 2,219 stationary facilities required to obtain them. Wisconsin was found to be the slowest state in the Midwest to issue operation permits. The Bureau also found that 29.2 percent of construction permits were backlogged for at least two years. The authors cited certain needed management improvements, including a better emissions billing system, the issuance of completed permits on time, obtaining applications from required facilities, issuing renewal permits, inspecting facilities, and consistently following federal and state enforcement policies.

Since then, the Air Management Program has completed all outstanding Federal Operations Permits (FOPs) and is now working on addressing other deficiencies cited by the Bureau.

For more information, read:
Legislative Audit [PDF 792KB]

EPA Notice of Deficiency

In 2004, EPA cited Wisconsin's Bureau of Air Management as deficient in certain aspects of managing its Title V permit program.

The deficiencies include:

1. Failure to demonstrate that Title V sources are paying fees sufficient to cover the costs of the program.
2. Not adequately ensuring that Title V funds are used solely for Title V prgram costs.
3. Failure to issue all Title V permits within the time allowed under the Clean Air Act.
4. Issuance of Title V permits that do not contain certain applicable Federal requirements.

For more information, read:
Notice of Deficiency [exit DNR]

For more information on APII, please contact Caroline Garber, APII Program Manager, (608) 264-9218