Additional rule changes or clarifications may be pursued which are reasonably related to those discussed here.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 285.69, Wis. Stats., allows the department to collect reasonable fees to fund review of applications for, and issuance of, a construction permit for air pollution sources and for the review of a request for an exemption from the requirement to obtain an air pollution control permit. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that approximately 900 hours of staff time will be required to complete the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
Owners of industrial facilities, including small businesses, that propose construction, reconstruction, replacement, relocation or modification of a stationary source or that request a determination of exemption from permit requirements will be affected by this rule.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The construction permit program is required under Title I of the Clean Air Act. Section 110(a)(2)(L) of the Clean Air Act (42 USC s. 7410(a)(2)(L)) requires sources to pay the permitting authority, as a condition of any construction permit required, a fee sufficient to cover the reasonable costs of reviewing and acting upon any application for the permit. There are no specific federal regulations that mandate how rules to collect these fees must be written, or the specific content of these rules, only that adequate fees are collected to operate the program. This rule is necessary to ensure the program remains federally approved as part of Wisconsin’s SIP.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The rule is anticipated to economically impact industrial facilities, including small businesses, proposing construction, reconstruction, replacement, relocation or modification of a stationary source that may require a permit or that request a determination of exemption from permit requirements. Although fees may increase, ensuring the department can complete timely permit reviews and issuances will allow industry to react to business opportunities and market changes in a timely and competitive manner. The department estimates that implementation of the revised rule will have a moderate economic impact.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding a public hearing in March 2025. The hearing will be held in-person in Madison, WI, as well as virtually to allow for as many people to attend as possible. Comments may be provided by mail, phone and email as well as in-person.
Contact Person: Gail Good, Gail.Good@wisconsin.gov, 608-264-8537, Wisconsin Department of Natural Resources, Bureau of Air Management, 101 S. Webster, AM/7, Madison, WI 53703
