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:
AB655-ASA2,77,85 285.62 (12) Extensions. Upon agreement between the department and an
6applicant, the department shall extend any time limit applicable to the department
7under this section. The department may not require an applicant to agree to extend
8a time period as a condition of approving an application.
AB655-ASA2, s. 223 9Section 223. 285.63 (1) (d) of the statutes is amended to read:
AB655-ASA2,77,1610 285.63 (1) (d) Source will not preclude construction or operation of other source.
11The stationary source will not degrade the air quality in an area sufficiently to
12prevent the construction, reconstruction, replacement, modification or operation of
13another stationary source if the department received plans, specifications and other
14information under s. 285.61 (2) (a) for the other stationary source prior to
15commencing its analysis under s. 285.61 (3) for the former stationary source. This
16paragraph does not apply to an existing source required to have an operation permit.
AB655-ASA2, s. 224 17Section 224. 285.66 (2) of the statutes is renumbered 285.66 (2) (a).
AB655-ASA2, s. 225 18Section 225. 285.66 (2) (b) of the statutes is created to read:
AB655-ASA2,77,2019 285.66 (2) (b) Notwithstanding par. (a), the department may not specify that
20coverage under a general permit under s. 285.60 (3) expires except as follows:
AB655-ASA2,77,2221 1. The department may specify an expiration date for coverage under a general
22permit at the request of an owner or operator.
AB655-ASA2,78,223 2. The department may specify a term of 5 years or longer for coverage under
24a general permit if the department finds that expiring coverage would significantly

1improve the likelihood of continuing compliance with applicable requirements
2compared to coverage that does not expire.
AB655-ASA2,78,43 3. The department may specify a term of 5 years or less for coverage under a
4general permit if required by the federal clean air act.
AB655-ASA2, s. 226 5Section 226. 285.66 (3) (a) of the statutes is amended to read:
AB655-ASA2,78,86 285.66 (3) (a) A permittee shall apply for renewal of an operation permit at
7least 12 6 months before the operation permit expires. The permittee shall include
8any new or revised information needed to process the application for renewal.
AB655-ASA2, s. 227 9Section 227. 285.81 (1) (intro.) of the statutes is amended to read:
AB655-ASA2,78,1410 285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any
11permit, part of a permit, condition or requirement in a permit, order, decision or
12determination by the department under ss. 285.39, 285.60 to 285.69 or 285.75 shall
13become effective unless the permit holder or applicant or the order recipient seeks
14a hearing on challenging the action in the following manner:
AB655-ASA2, s. 228 15Section 228. 285.81 (1m) of the statutes is created to read:
AB655-ASA2,78,2016 285.81 (1m) Effect of a challenge. (a) Subject to par. (b), if a permit holder
17or applicant seeks a hearing challenging part of a permit or a condition or
18requirement in a permit under sub. (1), the remainder of the permit shall become
19effective and the permit holder or applicant may, at its discretion, begin the activity
20for which the application was submitted or for which the permit was issued.
AB655-ASA2,78,2421 (b) An emission limitation contained in a permit becomes effective despite a
22challenge under par. (a), unless the permit holder or applicant challenging the
23emission limitation obtains a stay of the emission limitation from the hearing
24examiner or court considering the challenge.
AB655-ASA2, s. 229 25Section 229. 299.05 (2) (a) of the statutes is amended to read:
AB655-ASA2,79,2
1299.05 (2) (a) Permits, contracts, and other approvals under ss. 30.10 to 30.205
2and 30.21 to 30.27.
AB655-ASA2, s. 230 3Section 230. 299.05 (2) (d) of the statutes is repealed.
AB655-ASA2, s. 231 4Section 231 . Nonstatutory provisions.
AB655-ASA2,79,55 (1) Report on air permit streamlining efforts.
AB655-ASA2,79,86 (a) The department of natural resources, in consultation with owners and
7operators of stationary sources of air pollution, shall develop a report that contains
8all of the following:
AB655-ASA2,79,11 91. A list of all existing exemptions under section 285.60 (6) of the statutes, as
10affected by this act, and all general permits under section 285.60 (3) of the statutes,
11as affected by this act.
AB655-ASA2,79,19 122. Recommendations, and related proposed rule revisions, for expanding
13exemptions under section 285.60 (6) of the statutes, as affected by this act,
14establishing registration permits under section 285.60 (2g) of the statutes, as created
15by this act, expanding the use of general permits under section 285.60 (3) of the
16statutes, as affected by this act, issuing construction permit waivers under section
17285.60 (5m) of the statutes, as created by this act, and taking other actions under
18section 285.60 (10) of the statutes, as created by this act, including consolidating the
19permits for sources at one facility into one permit.
AB655-ASA2,80,3 203. A schedule for providing additional reports containing recommendations,
21and related rule revisions, for expanding exemptions under section 285.60 (6) of the
22statutes, as affected by this act, expanding the use of registration permits under
23section 285.60 (2g) of the statutes, as created by this act, expanding the use of general
24permits under section 285.60 (3) of the statutes, as affected by this act, expanding
25the issuance of construction permit waivers under section 285.60 (5m) of the

1statutes, as created by this act, and taking other actions under section 285.60 (10)
2of the statutes, as created by this act, including consolidating the permits for sources
3at one facility into one permit.
AB655-ASA2,80,11 44. A description of requirements in the federal clean air act that limit the
5department's ability to expand exemptions under section 285.60 (6) of the statutes,
6as affected by this act, expand the use of registration permits under section 285.60
7(2g) of the statutes, as created by this act, expand the use of general permits under
8section 285.60 (3) of the statutes, as affected by this act, expand the issuance of
9construction permit waivers under section 285.60 (5m) of the statutes, as created by
10this act, and take other actions under section 285.60 (10) of the statutes, as created
11by this act, and recommendations on how these limitations might be overcome.
AB655-ASA2,80,1512 (b) The department of natural resources shall submit the report under
13paragraph (a) to the legislature in the manner provided under s. 13.172 (2) no later
14than the first day of the 7th month beginning after the effective date of this
15paragraph.
AB655-ASA2,80,2016 (2) Report on clean air act state implementation plans. No later than the first
17day of the 13th month beginning after the effective date of this subsection, the
18department of natural resources shall submit to the standing committees of the
19legislature with jurisdiction over environmental matters a report that contains all
20of the following:
AB655-ASA2,80,2521 (a) A description of all of this state's existing and pending state implementation
22plans under 42 USC 7410 with an analysis of any rules or requirements included in
23the plans that may not have been necessary to obtain federal environmental
24protection agency approval but that are federally enforceable as a result of being
25included in the plan.
AB655-ASA2,81,3
1(b) Recommendations for priorities for revisions of state implementation plans
2to remove rules and other requirements that may not have been necessary to obtain
3federal environmental protection agency approval.
AB655-ASA2,81,144 (3) Report on emission monitoring practices. The department of natural
5resources, in consultation with representatives of industry and others, shall develop
6a report that identifies best practices for emissions monitoring required under
7section 285.17 (2) of the statutes, as affected by this act, and related proposed rule
8revisions, to reduce overall permitting costs and approval times and to minimize
9inconsistencies in monitoring requirements within this state and with monitoring
10requirements imposed by other states and the federal environmental protection
11agency. The department shall submit the report under this subsection to the
12standing committees of the legislature with jurisdiction over environmental matters
13no later than the first day of the 13th month beginning after the effective date of this
14subsection.
AB655-ASA2,81,2415 (4) Report on application requirements. The department of natural resources,
16in consultation with representatives of industry and others, shall develop a report
17that identifies information that the department will require in applications for air
18pollution control permits, and related proposed rule revisions, to reduce overall
19permitting costs and approval times and to minimize inconsistencies in application
20requirements within this state and with application requirements imposed by other
21states and the federal environmental protection agency. The department shall
22submit the report under this subsection to the standing committees of the legislature
23with jurisdiction over environmental matters no later than the first day of the 13th
24month beginning after the effective date of this subsection.
AB655-ASA2, s. 232 25Section 232. Initial applicability.
AB655-ASA2,82,5
1(1) Processing of air permits. The treatment of sections 285.61 (3) (intro.) and
2(a), (7) (a), and (11), 285.62 (5) (a), (7) (b), and (9) (b), and 285.66 (3) (a) of the statutes,
3the renumbering and amendment of sections 285.61 (2) and 285.62 (2) of the statutes,
4the creation of sections 285.61 (2) (a) 2. and (b) and 285.62 (2) (a) 2. and (b) of the
5statutes first apply to applications submitted on the effective date of this subsection.
AB655-ASA2,82,86 (2) Review of air pollution control decisions. The treatment of section 285.81
7(1) (intro.) and (1m) of the statutes first applies to person who file petitions on the
8effective date of this subsection.
AB655-ASA2,82,13 9(2m) Promulgation of emission standards for hazardous air contaminants.
10The renumbering and amendment of section 285.27 (2) (b) of the statutes and the
11creation of section 285.27 (2) (b) 1. to 4. of the statutes first apply to rules submitted
12to the legislative council staff under section 227.15 (1) of the statutes on the effective
13date of this subsection.
AB655-ASA2,82,1414 (3k) Chapter 30 procedures.
AB655-ASA2,82,1715 (a) The treatment of sections 30.208 and 30.209 of the statutes first applies to
16applications for individual permits that are submitted to the department of natural
17resources on the effective date of this paragraph.
AB655-ASA2,82,2018 (b) The treatment of sections 30.208 and 30.209 of the statutes first applies to
19applications for contracts under section 30.20 of the statutes that are submitted to
20the department of natural resources on the effective date of this paragraph.
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