AB655-ASA1,73,1914
285.62
(8) (b) If a person submits an application for renewal of an operation
15permit before the date that the operation permit expires, the stationary source may
16not be required to discontinue operation and the person may not be prosecuted for
17lack of an 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-ASA1, s. 220
20Section
220. 285.62 (9) (b) of the statutes is repealed and recreated to read:
AB655-ASA1,74,421
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, including the names of the department's employees responsible for
25review of the application, and recommendations for how to avoid delays in the future
1in similar situations. The department shall make reports under this subsection
2available to the public, place a prominent notice of the reports on the department's
3Internet site, and submit the reports to the joint committee for the review of
4administrative rules on a quarterly basis.
AB655-ASA1,74,96
285.62
(12) Extensions. Upon agreement between the department and an
7applicant, the department shall extend any time limit applicable to the department
8under this section. The department may not require an applicant to agree to extend
9a time period as a condition of approving an application.
AB655-ASA1,74,1711
285.63
(1) (d)
Source will not preclude construction or operation of other source. 12The stationary source will not degrade the air quality in an area sufficiently to
13prevent the construction, reconstruction, replacement, modification or operation of
14another stationary source if the department received plans, specifications and other
15information under s. 285.61 (2)
(a) for the other stationary source prior to
16commencing its analysis under s. 285.61 (3) for the former stationary source. This
17paragraph does not apply to an existing source required to have an operation permit.
AB655-ASA1, s. 223
18Section
223. 285.66 (2) of the statutes is renumbered 285.66 (2) (a).
AB655-ASA1,74,2120
285.66
(2) (b) Notwithstanding par. (a), the department may not specify that
21coverage under a general permit under s. 285.60 (3) expires except as follows:
AB655-ASA1,74,2322
1. The department may specify an expiration date for coverage under a general
23permit at the request of an owner or operator.
AB655-ASA1,75,224
2. The department may specify a term of 5 years or longer for coverage under
25a 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-ASA1,75,43
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-ASA1,75,86
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-ASA1,75,1410
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-ASA1,75,2016
285.81
(1m) Effect of a challenge. If a permit holder or applicant seeks a
17hearing challenging part of a permit or a condition or requirement in a permit under
18sub. (1), the remainder of the permit shall become effective and the permit holder or
19applicant may, at its discretion, begin the activity for which the application was
20submitted or for which the permit was issued.
AB655-ASA1,75,2322
299.05
(2) (a) Permits
, contracts, and other approvals under ss. 30.10 to 30.205
23and 30.21 to 30.27.
AB655-ASA1,76,1
1(1)
Report on air permit streamlining efforts.
AB655-ASA1,76,42
(a) The department of natural resources, in consultation with owners and
3operators of stationary sources of air pollution, shall develop a report that contains
4all of the following:
AB655-ASA1,76,7
51. A list of all existing exemptions under section 285.60 (6) of the statutes, as
6affected by this act, and all general permits under section 285.60 (3) of the statutes,
7as affected by this act.
AB655-ASA1,76,15
82. Recommendations, and related proposed rule revisions, for expanding
9exemptions under section 285.60 (6) of the statutes, as affected by this act,
10establishing registration permits under section 285.60 (2g) of the statutes, as created
11by this act, expanding the use of general permits under section 285.60 (3) of the
12statutes, as affected by this act, issuing construction permit waivers under section
13285.60 (5m) of the statutes, as created by this act, and taking other actions under
14section 285.60 (10) of the statutes, as created by this act, including consolidating the
15permits for sources at one facility into one permit.
AB655-ASA1,76,24
163. A schedule for providing additional reports containing recommendations,
17and related rule revisions, for expanding exemptions under section 285.60 (6) of the
18statutes, as affected by this act, expanding the use of registration permits under
19section 285.60 (2g) of the statutes, as created by this act, expanding the use of general
20permits under section 285.60 (3) of the statutes, as affected by this act, expanding
21the issuance of construction permit waivers under section 285.60 (5m) of the
22statutes, as created by this act, and taking other actions under section 285.60 (10)
23of the statutes, as created by this act, including consolidating the permits for sources
24at one facility into one permit.
AB655-ASA1,77,8
14. A description of requirements in the federal clean air act that limit the
2department's ability to expand exemptions under section 285.60 (6) of the statutes,
3as affected by this act, expand the use of registration permits under section 285.60
4(2g) of the statutes, as created by this act, expand the use of general permits under
5section 285.60 (3) of the statutes, as affected by this act, expand the issuance of
6construction permit waivers under section 285.60 (5m) of the statutes, as created by
7this act, and take other actions under section 285.60 (10) of the statutes, as created
8by this act, and recommendations on how these limitations might be overcome.
AB655-ASA1,77,129
(b) The department of natural resources shall submit the report under
10paragraph (a) to the legislature in the manner provided under s. 13.172 (2) no later
11than the first day of the 7th month beginning after the effective date of this
12paragraph.
AB655-ASA1,77,1713
(2)
Report on clean air act state implementation plans. No later than the first
14day of the 13th month beginning after the effective date of this subsection, the
15department of natural resources shall submit to the standing committees of the
16legislature with jurisdiction over environmental matters a report that contains all
17of the following:
AB655-ASA1,77,2218
(a) A description of all of this state's existing and pending state implementation
19plans under
42 USC 7410 with an analysis of any rules or requirements included in
20the plans that may not have been necessary to obtain federal environmental
21protection agency approval but that are federally enforceable as a result of being
22included in the plan.
AB655-ASA1,77,2523
(b) Recommendations for priorities for revisions of state implementation plans
24to remove rules and other requirements that may not have been necessary to obtain
25federal environmental protection agency approval.
AB655-ASA1,78,11
1(3)
Report on emission monitoring practices. The department of natural
2resources, in consultation with representatives of industry and others, shall develop
3a report that identifies best practices for emissions monitoring required under
4section 285.17 (2) of the statutes, as affected by this act, and related proposed rule
5revisions, to reduce overall permitting costs and approval times and to minimize
6inconsistencies in monitoring requirements within this state and with monitoring
7requirements imposed by other states and the federal environmental protection
8agency. The department shall submit the report under this subsection to the
9standing committees of the legislature with jurisdiction over environmental matters
10no later than the first day of the 13th month beginning after the effective date of this
11subsection.
AB655-ASA1,78,2112
(4)
Report on application requirements. The department of natural resources,
13in consultation with representatives of industry and others, shall develop a report
14that identifies information that the department will require in applications for air
15pollution control permits, and related proposed rule revisions, to reduce overall
16permitting costs and approval times and to minimize inconsistencies in application
17requirements within this state and with application requirements imposed by other
18states and the federal environmental protection agency. The department shall
19submit the report under this subsection to the standing committees of the legislature
20with jurisdiction over environmental matters no later than the first day of the 13th
21month beginning after the effective date of this subsection.
AB655-ASA1,79,223
(1)
Processing of air permits. The treatment of sections 285.61 (3) (intro.) and
24(a), (7) (a), and (11), 285.62 (5) (a), (7) (b), and (9) (b), and 285.66 (3) (a) of the statutes,
25the renumbering and amendment of sections 285.61 (2) and 285.62 (2) of the statutes,
1the creation of sections 285.61 (2) (b) and 285.62 (2) (b) of the statutes first apply to
2applications submitted on the effective date of this subsection.
AB655-ASA1,79,53
(2)
Review of air pollution control decisions. The treatment of section 285.81
4(1) (intro.) and (1m) of the statutes first applies to person who file petitions on the
5effective date of this subsection.
AB655-ASA1,79,66
(3k)
Chapter 30 procedures.
AB655-ASA1,79,97
(a) The treatment of sections 30.208 and 30.209 of the statutes first applies to
8applications for individual permits that are submitted to the department of natural
9resources on the effective date of this paragraph.
AB655-ASA1,79,1210
(b) The treatment of section 30.208 of the statutes first applies to applications
11for contracts under section 30.20 of the statutes that are submitted to the
12department of natural resources on the effective date of this paragraph.