Air Permits_Content Page_NR 410 Rule

NR410 Rulemaking

Background

Facilities that emit air pollution are federally required to obtain construction permits before being constructed, relocated or modified, unless exempt. The DNR’s New Source Review program assists facilities with meeting this requirement by reviewing applications, issuing permits and revisions and determining exemptions. New Source Review program work is funded through the collection of fees, established under ch. NR 410.

Reason For Rulemaking

Increases in ch. NR 410 fees are necessary to ensure the construction permit program is able to operate and meet its statutorily mandated timeframes for permit issuance or exemption review. Currently, the New Source Review program is experiencing a structural funding deficit due to several factors including inflation, increasing permit complexity and an increase in program activities for which the DNR either does not collect fees or collects inadequate fees.

In accordance with Wisconsin Statutes, the DNR is proposing to increase construction permit and exemption fees in ch. NR 410 to ensure sustainable funding to issue timely construction permits and exemption determinations. Timely reviews of applications are critical for assisting industry and facilitating economic development.

Supplementary Information

Timeline

The rule promulgation process includes many internal steps that the DNR and the Natural Resources Board (NRB) must follow. The tentative timeline for the ch. NR 410 rulemaking is shown in the flowchart below. All future dates are approximate and subject to change.

Phase I Scope Statement - Summer/Fall 2023
  • Statement of Scope approved by DNR secretary, governor and NRB
↓
Phase II Rule Development - Winter 2023/2024
  • Rule analysis
  • Preparation of proposed rule language
  • NR 410 Technical Advisory Group meetings
↓
Phase III Solicitation Of Comments On Economic Impact - Spring 2024
  • Request for public input on the economic impact of proposed rule
 ← We are here
↓
Phase IV Public Comment Period - Summer 2024
  • Request for public input on the proposed rule
↓
Phase V Final Rule Adoption By NRB, Governor - Fall/Winter 2024
  • Attend NRB meeting to request rule adoption
  • Rule approved by governor
↓
Phase VI - Legislative Review - Spring 2025
  • Review by Senate and Assembly standing committees
  • Review by Joint Committee for Review of Administrative Rules
↓
Rule Goes Into Effect - Summer 2025
  • Rule signed by DNR secretary, published in Administrative Register
​

Public Participation

Public Participation

Public participation is a critical component of DNR rulemaking. The public input opportunities and comments received by the DNR during the ch. NR 410 revision process are organized below by rulemaking phase.

Rule Development

At the beginning of the rule writing phase, the DNR’s Air Management Program held an informational session on Nov. 9, 2023, to explain the objectives of the chapter NR 410 rulemaking.

In winter 2023, the NR 410 Technical Advisory Group was convened to provide input to the DNR on potential New Source Review fee restructuring proposals.

Solicitation of Comment On Economic Impact of Rule

The DNR prepared a proposed economic impact analysis (EIA) for the permanent proposed rule, in accordance with s. 227.137, Wis. Stats. The DNR received two public comments on the economic impact of the proposed revisions to New Source Review fees in ch. NR 410 during the comment period held from March 4, 2024, through April 2, 2024.

Future Opportunities For Public Participation

Public Comment Period

Pursuant to s. 227.16, Wis. Stats., the DNR expects to hold a public hearing and comment period on the proposed New Source Review fee restructuring in ch. NR 410 in summer 2024.

NR 410 Technical Advisory Group

Chapter NR 410 Technical Advisory Group

The DNR convened the ch. NR 410 Technical Advisory Group (TAG) to gather stakeholder feedback on potential New Source Review fee restructuring proposals, consistent with s. 227.13, Wis. Stats.

Membership

The TAG was comprised of representatives from the DNR and industry stakeholders.

Representative Organization
Bryant Esch Waupaca Foundry
Rob Harmon Amcor Flexibles North America
Joe Hoch Wisconsin Utilities Association
Amy Litscher Small Business Environmental Council
Pat Stevens Wisconsin Paper Council
Gail Good DNR Air Management Program Director
Ron Binzley DNR Air Permits and Stationary Source Modeling Section Chief
Dave Minkey DNR New Source Review Policy Coordinator
Meetings

The TAG meetings are open to the public and will be noticed on the Air Management meetings page.