AB516: Bill Text

LRB-2070/2

RCT:kmg&jld:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 516

September 11, 2003 - Introduced by Representatives Johnsrud, Bies, Gronemus, Gunderson, Musser, Hines, Kaufert, Weber, Seratti, Olsen, Albers, Grothman, Petrowski and Owens, cosponsored by Senators Kedzie and Reynolds. Referred to Committee on Natural Resources.

AB516,1,4 An Act to amend 285.60 (1) (a) 1.; and to create 285.60 (6m) of the statutes; relating to: an exemption from the requirement to obtain an air pollution construction permit for certain equipment at a nonmetallic mineral processing facility.

Analysis by the Legislative Reference Bureau

Current law generally requires a person to obtain a construction permit from the Department of Natural Resources (DNR) before beginning construction of a stationary source of air pollution. The law authorizes DNR to exempt a type of stationary source of air pollution from this requirement if the potential emissions from that type of source do not present a significant hazard to public health, safety, or welfare or to the environment.

This bill exempts a person from the requirement to obtain a construction permit from DNR for any equipment, including a generator or engine, at a nonmetallic mineral processing facility, other than certain crushers and grinding mills, if the person has an air pollution operation permit for the facility or has filed a complete application for an operation permit for the facility. Nonmetallic minerals include substances such as stone, sand, and gravel.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB516, s. 1 Section 1. 285.60 (1) (a) 1. of the statutes is amended to read:

AB516,2,4 285.60 (1) (a) 1. Except as provided in sub. (6) or (6m), no person may commence construction, reconstruction, replacement, or modification of a stationary source unless the person has a construction permit from the department.

AB516, s. 2 Section 2. 285.60 (6m) of the statutes is created to read:

AB516,2,7 285.60 (6m) Construction permit exemption for nonmetallic mining facilities. (a) Definitions. In this section:

AB516,2,9 1. "Equipment" includes an engine or generator used to power other equipment.

AB516,2,12 2. "Initial crusher" means a crusher at a nonmetallic mineral processing facility into which nonmetallic minerals can be fed without prior crushing at that facility.

AB516,2,15 3. "Initial grinding mill" means a grinding mill at a nonmetallic mineral processing facility into which nonmetallic minerals can be fed without prior crushing at that facility.

AB516,2,20 (b) Permit exemption. A person is not required to obtain a construction permit under sub. (1) (a) for any equipment at a nonmetallic mineral processing facility, other than an initial crusher or an initial grinding mill, if the person has an operation permit under this section for the facility or has filed a complete application for an operation permit under this section for the facility.

AB516,2,21 (End)