AB655-ASA2,65,323 285.27 (1) (a) Similar to federal standard. If a standard of performance for new
24stationary sources is promulgated under section 111 of the federal clean air act, the
25department shall promulgate by rule a similar emission standard, including

1administrative requirements that are consistent with the federal administrative
2requirements,
but this standard may not be more restrictive in terms of emission
3limitations than the federal standard except as provided under sub. (4).
AB655-ASA2, s. 187 4Section 187. 285.27 (2) (a) of the statutes is amended to read:
AB655-ASA2,65,105 285.27 (2) (a) Similar to federal standard. If an emission standard for a
6hazardous air contaminant is promulgated under section 112 of the federal clean air
7act, the department shall promulgate by rule a similar standard, including
8administrative requirements that are consistent with the federal administrative
9requirements,
but this standard may not be more restrictive in terms of emission
10limitations than the federal standard except as provided under sub. (4).
AB655-ASA2, s. 188 11Section 188. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.)
12and amended to read:
AB655-ASA2,65,1913 285.27 (2) (b) Standard to protect public health or welfare. (intro.) If an
14emission standard for a hazardous air contaminant is not promulgated under section
15112 of the federal clean air act, the department may promulgate an emission
16standard for the hazardous air contaminant if the department finds the standard is
17needed to provide adequate protection for public health or welfare. The department
18may not make this finding for a hazardous air contaminant unless the finding is
19supported with written documentation that includes all of the following:
AB655-ASA2, s. 189 20Section 189. 285.27 (2) (b) 1. to 4. of the statutes are created to read:
AB655-ASA2,65,2421 285.27 (2) (b) 1. A public health risk assessment that characterizes the types
22of stationary sources in this state that are known to emit the hazardous air
23contaminant and the population groups that are potentially at risk from the
24emissions.
AB655-ASA2,66,4
12. An analysis showing that members of population groups are subjected to
2levels of the hazardous air contaminant that are above recognized environmental
3health standards or will be subjected to those levels if the department fails to
4promulgate the proposed emission standard for the hazardous air contaminant.
AB655-ASA2,66,85 3. An evaluation of options for managing the risks caused by the hazardous air
6contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
7and other relevant factors, and a finding that the chosen compliance alternative
8reduces risks in the most cost-effective manner practicable.
AB655-ASA2,66,119 4. A comparison of the emission standards for hazardous air contaminants in
10this state to hazardous air contaminant standards in Illinois, Indiana, Michigan,
11Minnesota, and Ohio.
AB655-ASA2, s. 190 12Section 190. 285.27 (2) (d) of the statutes is created to read:
AB655-ASA2,66,2113 285.27 (2) (d) Emissions regulated under federal law. Emissions limitations
14promulgated under par. (b) and related control requirements do not apply to
15hazardous air contaminants emitted by emissions units, operations, or activities
16that are regulated by an emission standard promulgated under section 112 of the
17federal clean air act, including a hazardous air contaminant that is regulated under
18section 112 of the federal clean air act by virtue of regulation of another substance
19as a surrogate for the hazardous air contaminant or by virtue of regulation of a
20species or category of hazardous air contaminants that includes the hazardous air
21contaminant.
AB655-ASA2, s. 191 22Section 191. 285.27 (4) of the statutes is amended to read:
AB655-ASA2,67,823 285.27 (4) Impact of change in federal standards. If the standards of
24performance for new stationary sources or the emission standards for hazardous air
25contaminants under the federal clean air act are relaxed, the department shall alter

1the corresponding state standards unless it finds that the relaxed standards would
2not provide adequate protection for public health and welfare. The department may
3not make this finding for an emission standard for a hazardous air contaminant
4unless the finding is supported with the written documentation required under sub.
5(2) (b) 1. to 4.
This subsection applies to state standards of performance for new
6stationary sources and emission standards for hazardous air contaminants in effect
7on April 30, 1980, if the relaxation in the corresponding federal standards occurs
8after April 30, 1980.
AB655-ASA2, s. 192 9Section 192. 285.60 (1) (a) 1. of the statutes is amended to read:
AB655-ASA2,67,1210 285.60 (1) (a) 1. Except as provided in sub. (2g), (5m), or (6), no person may
11commence construction, reconstruction, replacement or modification of a stationary
12source unless the person has a construction permit from the department.
AB655-ASA2, s. 193 13Section 193. 285.60 (2g) of the statutes is created to read:
AB655-ASA2,67,2414 285.60 (2g) Registration permits. (a) Rules. Subject to sub. (8), the
15department shall promulgate rules specifying a simplified process under which the
16department may issue a registration permit authorizing construction or operation
17or both for a stationary source with low actual or potential emissions if the owner or
18operator provides to the department, on a form prescribed by the department,
19sufficient information to show that the source qualifies for a registration permit. In
20the rules, the department shall include criteria for identifying categories of sources
21the owners or operators of which may elect to obtain registration permits and general
22requirements applicable to sources that qualify for registration permits. In the rules,
23the department may exempt persons who qualify for registration permits from the
24requirement to obtain a construction permit.
AB655-ASA2,68,4
1(b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
2(2) to (7) do not apply to a registration permit under this subsection. Within 15 days
3after receipt of the form prescribed by the department, the department shall provide
4one of the following to an applicant for a registration permit:
AB655-ASA2,68,65 1. Written notice of the department's determination that the source qualifies
6for a registration permit.
AB655-ASA2,68,87 2. A written description of any information that is missing from the application
8for a registration permit.
AB655-ASA2,68,119 3. Written notice of the department's determination that the source does not
10qualify for a registration permit, specifically describing the reasons for that
11determination.
AB655-ASA2, s. 194 12Section 194. 285.60 (2m) of the statutes is repealed.
AB655-ASA2, s. 195 13Section 195. 285.60 (3) of the statutes is repealed and recreated to read:
AB655-ASA2,68,1814 285.60 (3) General permits. (a) Rules. The department shall promulgate rules
15for the issuance of general permits authorizing construction or operation or both for
16similar stationary sources. In the rules, the department shall specify criteria for
17identifying categories of sources for which the department may issue general permits
18and general requirements applicable to sources that qualify for general permits.
AB655-ASA2,68,2319 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
20(2) to (5) do not apply to the determination of whether a source is covered by a general
21permit under this subsection. Within 15 days after receipt of an application for
22coverage under a general permit, the department shall provide one of the following
23to the applicant:
AB655-ASA2,68,2524 1. Written notice of the department's determination that the source qualifies
25for coverage under the general permit.
AB655-ASA2,69,2
12. A written description of any information that is missing from the application
2for coverage under the general permit.
AB655-ASA2,69,53 3. Written notice of the department's determination that the source does not
4qualify for coverage under the general permit, specifically describing the reasons for
5that determination.
AB655-ASA2, s. 196 6Section 196. 285.60 (5m) of the statutes is created to read:
AB655-ASA2,69,127 285.60 (5m) Waiver of construction permit requirements. (a) Subject to sub.
8(8), the department shall promulgate rules under which a person is allowed to
9commence construction, reconstruction, replacement, or modification of a stationary
10source prior to the issuance of a construction permit upon a showing that
11commencing construction, reconstruction, replacement, or modification prior to the
12issuance of the permit is necessary to avoid undue hardship.
AB655-ASA2,69,1613 (b) Subject to sub. (8), the department may allow a person to commence
14construction, reconstruction, replacement, or modification of a stationary source
15prior to the issuance of a construction permit on a case-by-case basis or on bases
16specified in a rule.
AB655-ASA2,69,1817 (c) The department shall act on a waiver request under this subsection within
1815 days after it receives the request.
AB655-ASA2, s. 197 19Section 197. 285.60 (6) of the statutes is renumbered 285.60 (6) (a).
AB655-ASA2, s. 198 20Section 198. 285.60 (6) (b) of the statutes is created to read:
AB655-ASA2,69,2421 285.60 (6) (b) Subject to sub. (8), the department shall, by rule, exempt minor
22sources from the requirement to obtain a construction permit and an operation
23permit if the emissions from the sources do not present a significant hazard to public
24health, safety or welfare or to the environment.
AB655-ASA2, s. 199 25Section 199. 285.60 (8) of the statutes is created to read:
AB655-ASA2,70,3
1285.60 (8) Compliance with federal law. The department may not promulgate
2a rule or take any other action under this section that conflicts with the federal clean
3air act.
AB655-ASA2, s. 200 4Section 200. 285.60 (9) of the statutes is created to read:
AB655-ASA2,70,165 285.60 (9) Petitions for registration permits, general permits, and
6exemptions.
A person may petition the department to make a determination that a
7type of stationary source meets the criteria for a registration permit under sub. (2g),
8a general permit under sub. (3), or an exemption under sub. (6). The department
9shall provide a written response to a petition within 30 days after receiving the
10petition indicating whether the type of stationary source meets the applicable
11criteria for a registration permit, a general permit, or an exemption. If the type of
12source meets the applicable criteria, the department shall, within 365 days after
13receiving the petition, issue the registration permit or general permit or, for an
14exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed
15form any necessary rules or take any other action that is necessary provide the
16exemption.
AB655-ASA2, s. 201 17Section 201. 285.60 (10) of the statutes is created to read:
AB655-ASA2,71,218 285.60 (10) Permit streamlining. The department shall continually assess
19permit obligations imposed under this section and ss. 285.61 to 285.65 and
20implement measures that are consistent with this chapter and the federal clean air
21act to allow for timely installation and operation of equipment and processes and the
22pursuit of related economic activity by lessening those obligations, including
23consolidating the permits for sources at a facility into one permit, expanding
24exemptions under sub. (6), and expanding the availability of registration permits

1under sub. (2g), general permits under sub. (3), and construction permit waivers
2under sub. (5m).
AB655-ASA2, s. 202 3Section 202. 285.61 (2) of the statutes is renumbered 285.61 (2) (a) 1. and
4amended to read:
AB655-ASA2,71,105 285.61 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified
6in s. 895.20,
after receipt of the application the department shall indicate provide
7written notice to the applicant describing specifically all of
the plans, specifications
8and any other information necessary to determine if the proposed construction,
9reconstruction, replacement or modification will meet the requirements of this
10chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.
AB655-ASA2, s. 203 11Section 203. 285.61 (2) (a) (title) of the statutes is created to read:
AB655-ASA2,71,1212 285.61 (2) (a) (title) Request for additional information.
AB655-ASA2, s. 204 13Section 204. 285.61 (2) (a) 2. of the statutes is created to read:
AB655-ASA2,71,1714 285.61 (2) (a) 2. If the department requests additional information under subd.
151., the department shall notify the applicant, within 15 days after receiving
16additional information from the applicant, whether that additional information
17satisfies the department's request.
AB655-ASA2, s. 205 18Section 205. 285.61 (2) (b) of the statutes is created to read:
AB655-ASA2,71,2219 285.61 (2) (b) When application is considered to be complete. 1. If the
20department does not indicate to an applicant within the time provided in par. (a) 1.
21that additional information is needed, the application is considered to be complete
22for the purposes of the time limits in sub. (3) 20 days after receipt of the application.
AB655-ASA2,72,223 2. If the department indicates to an applicant within the time provided in par.
24(a) 1. that additional information is needed but the department does not indicate to
25the applicant within the time provided in par. (a) 2. that additional information

1provided is deficient, the application is considered to be complete for the purposes of
2the time limits in sub. (3) 15 days after receipt of the additional information.
AB655-ASA2,72,63 3. If neither subd. 1. nor subd. 2. applies, an application is considered to be
4complete for the purposes of the time limits in sub. (3) when the department notifies
5the applicant under par. (a) 2. that the additional information provided by the
6applicant satisfies the department's request.
AB655-ASA2,72,87 4. This paragraph does not prevent the department from requesting additional
8information from an applicant after the time limit in par. (a) 1. or 2.
AB655-ASA2, s. 206 9Section 206. 285.61 (3) (intro.) of the statutes is amended to read:
AB655-ASA2,72,1510 285.61 (3) Analysis. (intro.) The department shall prepare an analysis
11regarding the effect of the proposed construction, reconstruction, replacement or
12modification on ambient air quality and a preliminary determination on the
13approvability of the construction permit application, within the following time
14periods after the receipt of the plans, specifications and other information
15application is considered to be complete under sub. (2) (b):
AB655-ASA2, s. 207 16Section 207. 285.61 (3) (a) of the statutes is amended to read:
AB655-ASA2,72,1817 285.61 (3) (a) Major source construction permits. For construction permits for
18major sources, within 120 90 days.
AB655-ASA2, s. 208 19Section 208. 285.61 (7) (a) of the statutes is amended to read:
AB655-ASA2,73,220 285.61 (7) (a) Hearing permitted. The department may hold a public hearing
21on the construction permit application if requested by a person who may be affected
22by the issuance of the permit
, any affected state or the U.S. environmental protection
23agency within 30 days after the department gives notice under sub. (5) (c). A request
24for a public hearing shall indicate the interest of the party filing the request and the
25reasons why a hearing is warranted. The department shall hold the public hearing

1within 60 days after the deadline for requesting a hearing if it deems that there is
2a significant public interest in holding a hearing.
AB655-ASA2, s. 209 3Section 209. 285.61 (10) of the statutes is created to read:
AB655-ASA2,73,74 285.61 (10) Extensions. Upon agreement between the department and an
5applicant, the department shall extend any time limit applicable to the department
6under this section. The department may not require an applicant to agree to extend
7a time period as a condition of approving an application.
AB655-ASA2, s. 210 8Section 210. 285.61 (11) of the statutes is created to read:
AB655-ASA2,73,169 285.61 (11) Delay in issuing permits. (a) Subject to sub. (10), if the department
10fails to act on an application for a construction permit within the time limit in sub.
11(8) (b), the department shall include in a report the reasons for the delay in acting
12on the application and recommendations for how to avoid similar delays in the
13future. The department shall make reports under this paragraph available to the
14public, place a prominent notice of the reports on the department's Internet site, and
15submit the reports to the standing committees of the legislature with jurisdiction
16over environmental matters semiannually.
AB655-ASA2,73,2017 (b) If the department fails to act on an application for a construction permit
18within the time limit in sub. (8) (b) and the applicant has not agreed to an extension
19under sub. (10), the department shall refund the fee under s. 285.69 (1) (a) that was
20paid by the applicant.
AB655-ASA2, s. 211 21Section 211. 285.62 (1) of the statutes is amended to read:
AB655-ASA2,74,422 285.62 (1) Applicant notice Application required. A person who is required
23to obtain an operation permit for a stationary source shall apply to the department
24for the permit on or before the operation permit application date specified under sub.
25(11) (b). The department shall specify by rule the content of applications under this

1subsection. If required by the federal clean air act, the department shall provide a
2copy of the complete application to the federal environmental protection agency. The
3department may not accept an application submitted to the department before
4November 15, 1992, as an application under this subsection.
AB655-ASA2, s. 212 5Section 212. 285.62 (2) of the statutes is renumbered 285.62 (2) (a) 1. and
6amended to read:
AB655-ASA2,74,127 285.62 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified
8in s. 895.20,
after receipt of the application the department shall indicate provide
9written notice to the applicant describing specifically
any additional information
10required under sub. (1) necessary to determine if the source, upon issuance of the
11permit, will meet the requirements of this chapter and s. 299.15 and rules
12promulgated under this chapter and s. 299.15.
AB655-ASA2, s. 213 13Section 213. 285.62 (2) (a) (title) of the statutes is created to read:
AB655-ASA2,74,1414 285.62 (2) (a) (title) Request for additional information.
AB655-ASA2, s. 214 15Section 214. 285.62 (2) (a) 2. of the statutes is created to read:
AB655-ASA2,74,1916 285.62 (2) (a) 2. If the department requests additional information under subd.
171., the department shall notify the applicant, within 15 days after receiving
18additional information from the applicant, whether that additional information
19satisfies the department's request.
AB655-ASA2, s. 215 20Section 215. 285.62 (2) (b) of the statutes is created to read:
AB655-ASA2,74,2421 285.62 (2) (b) When application is considered to be complete. 1. If the
22department does not indicate to an applicant within the time provided in par. (a) 1.
23that additional information is needed, the application is considered to be complete
24for the purposes of the time limit in sub. (7) (b) 20 days after receipt of the application.
AB655-ASA2,75,5
12. If the department indicates to an applicant within the time provided in par.
2(a) 1. that additional information is needed but the department does not indicate to
3the applicant within the time provided in par. (a) 2. that additional information
4provided is deficient, the application is considered to be complete for the purposes of
5the time limit in sub. (7) (b) 15 days after receipt of the additional information.
AB655-ASA2,75,96 3. If neither subd. 1. nor subd. 2. applies, an application is considered to be
7complete for the purposes of the time limit in sub. (7) (b) when the department
8notifies the applicant under par. (a) 2. that the additional information provided by
9the applicant satisfies the department's request.
AB655-ASA2,75,1110 4. This paragraph does not prevent the department from requesting additional
11information from an applicant after the time limit in par. (a) 1. or 2.
AB655-ASA2, s. 216 12Section 216. 285.62 (5) (a) of the statutes is amended to read:
AB655-ASA2,75,2113 285.62 (5) (a) Hearing permitted. The department may hold a public hearing
14on an application for an operation permit for a stationary source if requested by any
15state that received notice under sub. (3) (b) or any other person, if the person may
16be affected by the issuance of the permit,
within 30 days after the department gives
17notice under sub. (3) (c). A request for a public hearing shall indicate the interest of
18the party filing the request and the reasons why a hearing is warranted. The
19department shall hold the public hearing within 60 days after the deadline for
20requesting a hearing if it determines that there is a significant public interest in
21holding the hearing.
AB655-ASA2, s. 217 22Section 217. 285.62 (6) (c) 1. of the statutes is amended to read:
AB655-ASA2,76,223 285.62 (6) (c) 1. If the department receives an objection from the federal
24environmental protection agency under this subsection, the department may not

1issue the operation permit unless the department revises the proposed operation
2permit as necessary to satisfy the objection.
AB655-ASA2, s. 218 3Section 218. 285.62 (7) (b) of the statutes is amended to read:
AB655-ASA2,76,114 285.62 (7) (b) The department shall approve or deny the operation permit
5application for a new source or modified source. The department shall issue the
6operation permit for a new source or modified source if the criteria established under
7ss. 285.63 and 285.64 are met. The department shall issue an operation permit for
8a new source or modified source or deny the application within 180 days after the
9application is considered to be complete under sub. (2) (b) or
after the permit
10applicant submits to the department the results of all equipment testing and
11emission monitoring required under the construction permit, whichever is later.
AB655-ASA2, s. 219 12Section 219. 285.62 (8) of the statutes is renumbered 285.62 (8) (a).
AB655-ASA2, s. 220 13Section 220. 285.62 (8) (b) of the statutes is created to read:
AB655-ASA2,76,1914 285.62 (8) (b) If a person submits an application for renewal of an operation
15permit before the date specified in s. 285.66 (3) (a), the stationary source may not be
16required to discontinue operation and the person may not be prosecuted for lack of
17an operation permit until the department acts under sub. (7), except that this
18paragraph does not apply in a situation in which its application would contravene
19the federal clean air act.
AB655-ASA2, s. 221 20Section 221. 285.62 (9) (b) of the statutes is repealed and recreated to read:
AB655-ASA2,77,321 285.62 (9) (b) Subject to sub. (12), if the department fails to act on an
22application for an operation permit within the time limit under sub. (7) (b), the
23department shall include in a report the reasons for the delay in acting on the
24application and recommendations for how to avoid delays in the future in similar
25situations. The department shall make reports under this subsection available to

1the public, place a prominent notice of the reports on the department's Internet site,
2and submit the reports to the standing committees of the legislature with jurisdiction
3over environmental matters semiannually.
AB655-ASA2, s. 222 4Section 222. 285.62 (12) of the statutes is created to read:
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