Public Comments on Air Permits

The DNR values your comments on all aspects of the air permit process. However, there are legal limits to the accommodations DNR can make. We hope that this information will clarify the air permit process and inform you of these legal restrictions.

Public Notice

Scenario: A company wants to develop a new product and therefore needs to add new technologies or processes at its factory.

The public notice describes the proposed activity (the new technologies or processes) and the type of permit needed, and identifies the name and location (called ‘the source’) of the firm that is seeking the permit. The public notice is published in the newspaper near the facility location. It also advises at which DNR offices and public library you may view the preliminary determination and draft permit.
Public Notice Template [PDF 19KB]

Comments the DNR can consider - comments in these areas can affect the final permit

  • The permit contains technical inaccuracies.
  • The permit does not address all significant emission sources at the facility.
  • The permit fails to include all state and federal air pollution requirements, including emission limitations, compliance demonstrations, monitoring, or record keeping.
  • The monitoring of air pollution emissions or emission control device operations is insufficient.
  • Concerns about case-by-case determination, believing that it is not consistent with other similar operations at other companies or that it should be more restrictive. A case-by-case determination is required for unique situations, whenever the technologies or work practices that a facility must use are not specifically spelled out in Wisconsin's air pollution regulations. These requirements are instead determined based on the unique characteristics of the process(es) at the facility. Examples include latest available control techniques (LACT), best available control technology (BACT), and lowest achievable emission rate (LAER).

Comments the DNR cannot consider - DNR has no legal authority to address these issues

  • Items that are not required by law may not be required in the permit.
  • DNR is not allowed to regulate noise, traffic, lighting, hours of operation (unless necessary to meet an air pollution limit), or whether the facility is sited in a proper location.
  • DNR does not have authority to regulate indoor air pollution or pollution inside of buildings (some types of pollution may eventually exit the building and may be regulated).
  • The decision to issue or deny a permit is not made by a popular vote. If a facility meets all state and federal air pollution regulations, the DNR is obligated to issue their permit. If an existing facility cannot meet the air pollution requirements, the operation permit must include a compliance schedule.

Examples of Comments and DNR's Responses

Summary of comments and responses to public comments on the Air Pollution Control Permit Application for:

Frequently Asked Questions

What happens at a public hearing?

At a public hearing, DNR staff will explain what the permit is for and will summarize DNR’s review of the application. The public may attend and present their comments. The public may speak and the DNR tries to answer questions. Comments may also be submitted in writing. After the hearing, a letter is sent to the people who attended about the changes that were made to the permit as a result of the comments.

How do the public comments affect a permit?

For minor changes based on public comments, the comments are incorporated into the permit and a letter is sent to the facility and the person who submitted the comment to explain why the changes have been made. If DNR proposes major changes to the permit based on public comments, the permit will be re-drafted and the facility and the public may have an additional opportunity to comment.

Can a permit be denied as a result of comments received at the public hearing?

The Criteria for Permit Approval in Section 285.63, Wisconsin State Statutes [exit DNR] sets forth the specific criteria that must be met for a permit to be approved. DNR must issue a permit if DNR finds that:

  • the source will meet emission limitations
  • the source will not cause nor exacerbate a violation of an air quality standard or ambient air increment
  • the source will not preclude the construction or operation of another source for which an air pollution control permit application has been received.

Why will a higher stack help solve the pollution problem?

Higher stacks aid in the dispersion of air pollution. This means that emissions from higher stacks will typically result in the public being exposed to a lower level of air pollution because the pollution can spread out before it settles to ground level. A facility is required to have stacks high enough to meet air quality standards.

Why is a facility being located near my house or my children’s school?

It is not the decision of the DNR, but rather a matter of local zoning. Zoning is the method by which a county, city, or municipality controls the physical development of land and the kinds of uses to which each individual property is subject. Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction.

Slide Presentation Used at Permit Hearings

The Public Hearing Presentation [PDF, 104KB] gives a brief outline of the air permit review process and the role of the public in the process. It covers the role of the public, what air pollution control permits do, the permit processing procedure, how impacts to air quality and risks from air pollution are estimated, and a comparison of source size to air pollution levels.

Other Related Information

  • 11 Step Permit Process
  • Air Permit Glossary
  • Citizens Guide to the Air Permit Process [PDF 80KB]

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    Public Comments || 11 Basic Steps

    Last Review Date: December 30, 2006
    Next Review Date: December 30, 2007
    Last Revised: Friday July 11 2008