Air permit types for small businesses
Certain regulations are enacted to minimize the amount of pollution present in the air we breathe. For Wisconsin, both the U.S. Environmental Protection Agency and the state Department of Natural Resources implement and enforce a range of air pollution regulations.
Businesses with emissions of air pollution above certain thresholds must have an air pollution permit to construct, modify and operate. Knowing whether you need a permit, submitting an application, and operating under your air pollution permit is a complex process. Many small businesses may be exempt from needing permits, whether operation or construction permits or both. If you are not exempt but have relatively low emissions, you may be eligible for a registration permit. General permits are intended only for specific industries and have a simplified application process.
If your construction or modification project requires a permit, you must wait to begin any construction activities until the DNR has issued the final air permit.
Review the following information to help you determine how the air pollution permit requirements apply to your business. As you read through this information, it may be helpful to have the Air Program Acronyms (SB-101) list on hand. If you are exempt from needing an air permit, other air pollution requirements may apply. Review the Complying with regulations page for more information.
How to get started on the air permit process
Federal and state laws require all air pollution sources in Wisconsin to have a permit unless the source is determined to be exempt. To get started, review the information under each tab here to understand the basics concerning the various permits applicable to small businesses, including application deadlines, definitions and who to contact for more assistance. Then go through the following steps:
- Calculate the air pollution emissions from your facility or planned construction project. The following resources can help you with air pollution calculations:
- How to Use SDS for Air Pollution Requirements (SB-112)
- MTE and PTE Calculation Examples (SB-113)
- EPA Emissions Factors resource, called AP-42
- Spreadsheets to help you calculate MTE and Actual Emissions. The files will download onto your computer.
- Review the Small air sources and the Air permit exemptions pages to learn about the options for businesses with low emissions.
- The Air permit options table gives you a quick look at which permits might apply to your situation. Always check the rules or contact SBEAP staff for more details.
- The DNR permit primer Air Pollution section can also help you walk through the process of determining if you are exempt or which permit option will be best for your facility.
- Check out the air permits glossary for definitions of frequently used terms in the DNR's Air Management Program related to air permits.
- Complete the appropriate permit application forms. If exempt from the requirement to obtain an air permit, you may still need to submit a form to apply for or notify the department of your plan to operate and/or construct under an exemption. Use form 4530-100 for any source specific permit action or exemption, except registration and general permits have their own forms. Additional forms may be needed for a source specific permit application.
- Learn more about the basic steps of the air permitting process.
Air permit application process
The air permit process is designed to be transparent. Almost all permit-related documents are open records, including applications, modeling analyses and permit drafts. Input from the public and the permit applicant is encouraged throughout the process and can affect the content of the permit.
- Learn more about Your Air Permit and the DNR's Public Notice process (SB-117) and when your draft permit is available for public comment.
- Review some recommendations to help you provide the best permit application:
- Sources located in certain areas of the state may have lower permit thresholds and possibly more stringent requirements. Review Permitting requirements for nonattainment areas in Wisconsin to see if you are affected.
- Some permit applications require dispersion modeling for the review. If you are considering conducting the modeling yourself, you may want to review the fact sheet on Modeling Emissions for Air Pollution Permits (SB-116)
- Whether you need help with dispersion modeling or preparing a full application packet, you may consider enlisting outside consulting services.
- You can check the Consultants List (SB-004). We recently asked those on the list to update the services they have available, whether construction or operation permits, modeling, emissions testing, etc. (SBEAP has not reviewed the firms on this list, and their inclusion does not imply any endorsement. The information is provided for your assistance.)
- We also have a fact sheet on Tips for Hiring an Environmental Consultant (SB-005), which gives information about the questions to ask when hiring an outside consulting firm.
Permit to construct, reconstruct or modify your business
A construction permit is required prior to beginning any construction, modification, expansion or replacement of an air pollution source. Once issued a construction permit, a company is allowed to perform that construction, modification, expansion or replacement and then operate the source for an initial trial period. Then the company is issued an operation permit which allows operation for extended periods. The trial period under a construction permit is used to test equipment and demonstrate compliance with permit conditions. The source may be entirely new or part of an existing facility. Administrative code requirements for construction permits are found in ch. NR 406, Wis. Adm. Code.
If you have a business that installed equipment after 1979 or recently started up certain equipment or activities and did not receive an air pollution construction permit for the equipment or activities, you may want to review the following documents to see if you are in compliance with the requirement to obtain a permit prior to construction, reconstruction or modification.
- Air Pollution Construction Permit Basics (AM-428) - A fact sheet describing the air pollution construction Permit program including calculation examples, application deadlines, definitions and contacts for more assistance.
- Combustion Sources and Air Pollution Construction Permits (AM-427) - A fact sheet describing the air pollution construction permit program and how it affects combustion sources; including calculation examples, definitions and contacts for more assistance.
- VOC Emissions Sources and Air Pollution Construction Permits (AM-479) - A fact sheet describing the air pollution construction permit program and how it affects VOC sources like painting or coating operations or printers; including calculation examples, definitions and contacts for more assistance.
Fees for construction permits
The fee for a construction permit depends on the complexity of the permit review. An application fee of $7,500 must be submitted with any permit application, regardless of the complexity of the permit review. If the DNR decides a permit is required, the application fee will be deducted from the final permit review bill. If the final review fee is less than the application fee, the remainder will be refunded. If no permit is required, the application fee is refunded.
The cost for a construction permit varies depending on the facility and type of permit required. Some of the possible review costs may include:
- $3,000 base fee for minor source review;
- $800 per emission source, when two or more are reviewed;
- $1,000 for an air quality analysis for a minor source or minor modification; and
- $5,000 for expedited review of minor source (speeds up the process but is not required).
A full listing of the fees is found in NR 410, Wis. Adm. Code.
Construction permit waiver
A construction permit waiver can be issued to certain sources in situations where they can demonstrate undue hardship if the waiver is not granted. Undue hardship may result from adverse weather conditions, catastrophic damage of existing equipment, a substantial economic or financial hardship that may preclude the project, or another unique condition on a case-by-case basis.
The waiver request should detail the situation necessitating the request. There is also a $300 non-refundable fee required. Submittal of a complete construction permit application to the DNR is one condition of gaining approval of a waiver request.
How long until the permit is issued
After the application is complete, the DNR will prepare a preliminary decision document stating whether the permit application will be approved or denied. The document must be prepared within 90 days from the date the DNR considers the application complete for minor sources, or within 120 days for major sources. A 30‐day public participation period is required for each permit following the preliminary decision, and a public hearing may be held following the public participation period if requested or the level of public interest warrants.
For general questions about construction permits, contact your local DNR office.
Permit to operate a source of air pollution
Unless it is exempt, any company that has processes or activities that generate air pollution is required to obtain an Air Pollution Operation Permit. The operation permit covers all equipment and activities that result in air emissions. As a result of the Clean Air Act Amendments of 1990, many small businesses are required to obtain these air permits.
An Air Operation Permit is basically a contract between you, the DNR and the public. The permit is a legal document identifying all state and federal air pollution regulations that apply to your facility. In your permit, you and the DNR set mutually agreeable conditions for all the regulated processes within your facility that generate air pollution. Those conditions tell you how to comply with the different regulations.
Whether your business needs an operation permit could depend on where your business is located and the kinds and quantities of pollutants your business puts into the air. Moreover, certain processes or activities may be exempt from operation permit requirements. Some commonly regulated processes include: manufacturing lines, painting or coating operations (spray booth, dip coating, hand applied stains), boilers and furnaces, and wood processing. These are types of small businesses that may need operation permits:
- Lithographic, screen and other commercial printers;
- Solvent parts cleaners;
- Industrial adhesive applications (such as kitchen counter top contact cement);
- Wood furniture manufacturing; and
- Metal finishing operations.
Types of operation permits
If your evaluations of the exemption options show you need an air operation permit, your next step is to identify what type of permit you'll need. You do this by calculating your facility's "maximum theoretical emissions" (MTE) and "potential to emit" (PTE). Links are provided above for resources to help you with these calculations. Once you know your emissions, based on which threshold you meet you can apply for the appropriate permit:
- A "Title V Permit" (also called a "Part 70" Permit) is for businesses with a PTE over one of the threshold values:
- any single criteria pollutant (PM, SO2, NOX, CO) or volatile organic compounds (VOC) above 100 tons per year;
- a single federally regulated hazardous air pollutant above 10 tons per year; or
- total of all federally regulated hazardous air pollutants above 25 tons per year.
- A "Synthetic Minor" permit is for a business who has the potential to be a major source, but agrees by permit conditions to stay under major source emission limits. This could be done by requesting restrictions on hours of operation, type or amount of material processed, etc., to limit PTE. The usual synthetic minor limit is around 99 tons per year.
- You may also select synthetic minor limits at less than 80 tons per year (called "SM80") for less stringent compliance and enforcement policies and lower fees.
- If your business is not a major source, you will need a "Minor Source Operation Permit" (also called a "Non-Part 70 Permit"). There are multiple minor source operation permit options available. Review the Registration and General permit tabs on this page for more details.
There are no direct fees required to be issued an operation permit. However, everyone who is required to get an operation permit is required to pay annual fees. Review the pages Annual fee schedule for Title V Sources required to have an air permit and Annual air pollution fees for Non-Title V sources required to have an air permit for details.
How long until the permit is issued
The DNR processes source specific operation permit applications as quickly as possible given staffing conditions. The backlog of applications to review is nearly eliminated.
Before you receive a final operation permit, the department issues a draft permit for public review. This is also the company's opportunity to provide feedback on conditions in the permit, and whether they may be difficult to comply with. Also, you can begin to prepare to comply with the permit based on the draft by developing documentation that will be needed. This documentation may include:
- Develop tracking sheets to be used on the unit or process line to collect compliance records.
- Set up a compliance calendar, including reminders of regular inspections, reports, and other deadlines.
- Set up a folder for all compliance records. Collect all "one time records", e.g., physical stack parameters, and verify compliance. Add a date and signature to records that you verify.
- Prepare any plans required by the permit. These may include: Malfunction Prevention and Abatement Plan, Fugitive Dust Control Plan, and Standard Operating Procedures.
Final permit is issued
DO NOT just file the permit away as your ticket to operate and then forget about it in the file cabinet. The final permit outlines all the conditions you will be required to meet on a regular basis. As with your draft permit, pay attention to all the little details. Then make sure you have a system in place that will help you show the DNR, or anyone else who asks, that you are meeting each condition in your permit.
There is a five year life to Title V (major source) operation permits, but all other operation permits do not expire. It is a good idea to reread your permit at regular intervals to make sure you haven't missed anything. If you ever have any questions about how to comply with a certain requirement, contact your local DNR compliance contact.
A registration permit allows small emitters to quickly register themselves for a permit in return for keeping emissions low. The permits contain facility-wide emission caps as well as monitoring, recordkeeping and reporting requirements. Registration permits have a review time of no more than 15 days on all applications received by the DNR. To learn more about which type of Registration Permit may fit your operation, review the information on the Air Program Permit Options page.
Compliance assistance reminders
Because the registration permit does not spell out all of the requirements that may apply to an individual facility, the Small Business Environmental Assistance Program worked together with the Air Program's Registration Permit Coordinator to send out quarterly reminders on different topics of concern. Review the following documents for the content of the emails sent to ROP facilities:
- February 2018 - Type A and B: Air Emissions Inventory - due March 1; Permit Compliance Cert and Annual Summary of Monitoring - due March 1
- February 2018 - Type C: Air Emissions Inventory - due March 1; Permit Compliance Cert and Annual Summary of Monitoring - due June 30
- May 2018: Air Emissions Inventory Certification - due June 30; Maintain Records; Modeling before Construction to Show Eligibility; Fugitive Dust; Electronic Reporting Options
- August 2018: Reporting Deviations; Federal Standards; Stack Testing; Malfunction Prevention and Abatement Plan
- November 2018: Calculating Actual Emissions; Records when Exempt from a Requirement; LACT Requirements
- February 2019 - Type A and B: Air Emissions Inventory - due March 1; Permit Compliance Cert and Annual Summary of Monitoring - due March 1; Electronic Reporting Options
- February 2019 - Type C: Air Emissions Inventory - due March 1; Permit Compliance Cert and Annual Summary of Monitoring - due June 30; Electronic Reporting Options
- May 2019: Air Emissions Inventory Certification - due June 30; Maintain Records; Modeling before Construction to Show Eligibility; Fugitive Dust; Malodorus Emissions
General permits available for certain industries
A general permit is intended for facilities that:
- perform the same or similar operations;
- emit similar air contaminants;
- use the same or similar emission control technologies; and
- are subject to the same limitations, standards and requirements.
General construction permits and operation permits have been developed for asphalt plants and rock crushing facilities. The general operation permits for the crushing facilities and hot mix asphalt plants do not expire. To learn more about which type of General Permit may fit your operation, review the information on the Air Program Permit Options page.