Air permit streamlining initiative Air Management Study Group

Phase 1

First phase (finalized Dec. 2015)

The first phase of the streamlining initiative was completed in December 2015. The Air Program formed four workgroups (comprised of Air Management Study Group members as well as other stakeholders) to develop streamlining recommendations.

As a result of the discussions and work performed during the first phase, a new type of registration permit is available. The DNR has issued a Type B registration permit available for facilities with air pollution emissions up to 50 percent of the major source threshold for each of the criteria pollutants. More information can be found in Type B Registration Operation Permit (AM-531) [PDF]. More information on registration permits can be found on Air permit options.

Additional outcomes of the first phase include a natural minor source operation permit exemption, changes to non-Part 70 source permit expiration, a new emergency engine exemption, streamlined permit revocation procedures for closed facilities, and flexibility to use higher sulfur diesel in ch. NR 445.09, Wis. Adm. Code. These changes were finalized in rule revisions effective December 1, 2015 (Clearinghouse Rule 15-005 [PDF]). The workgroup documents below provide more information about these topics and the associated rule revisions.

Workgroup products

• Natural minor exemption [PDF]
• Term of non-part 70 operation permits [PDF]
• Restricted use generator exemption [PDF]
• Changes to diesel fuel sulfur content requirements [PDF]
• Ch. NR 407 cleanup [PDF]
• Consistency with ch. NR 150 [PDF]

The Air Program also revised ch. NR 406, Wis. Adm. Code to exclude certain activities from the definitions of “commence construction” and “commence modification.” However, the program will revisit the topic as part of the second phase of permit streamlining because the U.S. Environmental Protection Agency (EPA) did not approve the revision as part of Wisconsin's State Implementation Plan (SIP). The EPA determined that DNR’s request to amend the SIP was incomplete, and that the department must show how the revised section is protective of the requirements of the Clean Air Act.

• Workgroup product: Commence construction definition [PDF]
• Letter from EPA to DNR re: incompleteness determination of SIP submittal [PDF] - Aug. 17, 2016

Phase 2

Second phase (beginning late 2016)

The Air Program convened a workgroup for the second phase of the initiative in late 2016. The meeting schedule for the workgroup can be viewed on the Air Management Study Group page.

The second phase of the initiative will include the development of an approach to define the term "cause or exacerbate the violation of an ambient air quality standard or ambient air increment," a phrase which is used throughout the construction and operation permit rules. The Air Program developed a list of additional topics that may be informed by feedback received during public listening sessions. These topics include creating new exemptions (e.g., a like-kind equipment replacement exemption for construction permitting), expanding the usability of the minor permit revision process and creating a process for administrative revision of construction permits.

The Air Program will also revisit the exclusions from the definition of "commence construction," proposed in s. NR 406.03(1e), Wis. Adm. Code. This topic was addressed under the first phase of the initiative, however the U.S. Environmental Protection Agency (EPA) notified DNR that the revised rule language cannot be approved as part of Wisconsin's State Implementation Plan (SIP) as written. The program will consider additional revisions to the exclusions during this phase of permit streamlining.

Workgroup documents

• Working list of proposed rule revisions [PDF]