Minnesota currently has a proposal to raise construction permit fees and to structure the fees much like Wisconsin, Illinois, and Indiana. Their proposal would have core activities paid through permit fees. Major reasons given for their proposal to raise fees are that the cost and complexity associated with new source review has increased significantly over the years. Minnesota's current fee structure attempts to base the amount on the level of effort needed to review and issue the air permit. Iowa funds its new source review program through grants and general funds. There are two local Iowa air pollution control agencies that do charge construction permit fees to fund new source review.
Comparisons for fees common to adjacent states
|
Illinois
|
Indiana
|
Minnesota
|
Wisconsin (current)
|
Wisconsin (proposed)
|
Initial Application Fee
|
$5,000
|
No fee
|
No fee
|
$1,350
|
$7,500
|
BACT/LAER Determination
|
$5,000
|
$4,375
|
$4,275
|
$2,700
|
$4,500
|
Case by case MACT Determination
|
$5,000
|
No fee
|
No fee
|
$2,700
|
$4,500
|
Detailed Modeling Analysis
|
No fee
|
$4,375
|
$4,275
|
$3,200
|
$4,500
|
Public Hearing
|
$10,000
|
$625
|
No fee
|
$150
|
$950
|
Application for Major Modification
|
$8,000/$12,000
|
$10,000
|
No fee
|
$8,000
|
$12,000
|
Summary of factual data and analytical methodologies
Data related to revenues generated by new source fees for FY05-FY09, along with projected work load and costs to administer the new source review program, were used to develop and support this order.
Annual new source review program cost
Estimates were made as to the type and number of construction permit reviews to be conducted in the upcoming fiscal year. For each of these, the level of program effort required to complete each type of review was determined. These levels of efforts then were used to estimate the annual cost to administer the construction permit program, taking into account estimated costs for program staff.
Individual fee increases
A 30% increase was applied to fees last revised in 1999 to account for inflation over the last 11 years. An additional increase was also applied to each fee category to better reflect the level of effort associated with the fee related action. Estimates were made as to the number of fee related actions associated with each type of permit review. These estimate were used in conjunction with the proposed fee to determine that the projected future revenue is sufficient to cover the annual program cost.
Analysis and supporting documents used to determine the effect on small business
The same information described under number 8. was used to determine the effect on small business. No economic impact report has been requested.
Small Business Impact
The cost to small business to obtain a minor construction permit is proposed to increase in the range of 30 to 75 percent depending on the air regulations applicable to the project. The current cost of a minor construction permit sometimes associated with small business, ranges from $6,000 to $8,000.
Many small businesses are able to qualify for coverage under general or registration permits in lieu of needing to obtain a minor construction permit. Currently there is no charge for review and issuance for this type of coverage. New fees are being proposed in this order for reviewing and issuing coverage under a general or registration construction permit, establishing the fee for a general construction permit at $1,500 and a registration construction permit at $1,000.
Environmental Impact
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate
A revenue increase to the state of $1,334,307 is projected based on a four year actual average for revenue generated through new source review fees for FY2006-2009 of $1,647,293.
This proposal does not seek to authorize an increase to Chapter
20 spending authority.
Agency Contact Person
Andrew Stewart
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-6876
Fax: (608) 267-0560
Notice of Hearings
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
(DNR # AM-12-10)
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold public hearings on creating rules affecting Chapters
NR 400,
405, and
406, relating to permit requirements for Class I areas, and affecting small business.
Hearing Information
Date and Time: Location:
June 7, 2010 Natural Resources State Office Bldg.
Monday Room G09
at 2:00 PM 101 S. Webster Street
Madison, WI
June 9, 2010 Northcentral Technical College
Wednesday Main Building, Room E101
at 1:30 PM 1000 West Campus Drive
Wausau, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert B. Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53707; by E-mail to
Robert.Eckdale@wisconsin.gov; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the proposed rules and fiscal estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi.us/ air/rules/calendar.htm. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St., Madison, WI, 53703, or by calling (608) 266-2856.
Submittal of Written Comments
Comments on the proposed rule must be received on or before June 14, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Steve Dunn
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S. Webster Street, Madison, WI 53703
Phone: 608 267-0566
Fax: 608 267-0560
Analysis Prepared by the Department of Natural Resources
Statute interpreted
The State Implementation Plan developed under s.
285.11 (6), Stats., is revised.
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives state agencies general rulemaking authority. Section
285.11 (1), Stats., gives the Department authority to promulgate rules consistent with ch.
285, Stats. Section
285.11 (6), Stats., requires the Department to develop a plan for abatement of air pollution in the State. The permitting program, in general, and these regulations specifically, is part of that plan.
These rules are based on federal rules as well as a 1999 Final Agreement reached between the State and the Forest County Potawatomi Community (FCPC).
Related statute or rule
The FCPC Class I area was established as part of a Federal Implementation Plan approved by USEPA in an April 29, 2008 Federal Register Notice.
Plain language analysis
This rule is being proposed to amend portions of Department rules to incorporate the federal re-designation of certain parcels of the Forest County Potawatomi Community Reservation as a non-Federal Class I area for the prevention of significant deterioration (PSD) of air quality, and to include portions of a 1999 Final Agreement reached between the State and the Forest County Potawatomi Community concerning the Class I area.
A Class I area is defined in ch.
NR 405, Wis. Adm. Code. In general, the PSD program is designed to preserve air quality in Class I areas such as national parks and other areas meeting National Ambient Air Quality Standards. Class I areas are subject to lower allowable increases in ambient concentrations of particulate matter, sulfur dioxide, and nitrogen dioxide.
Comparison with federal regulations
In an April 29, 2008, Federal Register Notice, the USEPA established the FCPC Class I area. The Department and the FCPC have agreed to provisions impacting the FCPC Class I area that USEPA stated, in the April 29, 2008, notice, need to be promulgated as part of the State's Implementation Plan for controlling air pollution in order to be effective for federal purposes.
Comparison with similar rules in adjacent states
There are no non-federal Class I areas or non-federal Class I rules in any of these states.
Summary of factual data and analytical methodologies
The proposed rule is based on the federal re-designation of the FCPC Reservation lands to non-federal Class I, and the Final Agreement.
Analysis and supporting documents used to determine the effect on small business
An analysis of the effect of the proposed rules on small business was not performed since the proposed rule only impacts major sources of air pollution in the State and conforms to federal requirements. Major sources of air pollution are not typically small businesses.
Small Business Impact
These rules should not have a significant economic impact on small business because major air pollution sources do not generally meet the definition of a small business.
Environmental Impact
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate
The proposed rules amend the existing air permitting rules to include a non-federal Class air quality area. The Department already processes air permits which may impact existing Class I areas and expects no significant change in permit workload as a result of this rule.
Agency Contact Person
Steven Dunn
P.O. Box 7921
Madison, WI 53707
Phone: (608) 267-0566
Fax: (608) 267-0560
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
(DNR # AM-13-10)
