Amendment ASA2-AB655

AB655-ASA2, s. 196 Section 196. 285.60 (5m) of the statutes is created to read:

AB655-ASA2,69,12 285.60 (5m) Waiver of construction permit requirements. (a) Subject to sub. (8), the department shall promulgate rules under which a person is allowed to commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction permit upon a showing that commencing construction, reconstruction, replacement, or modification prior to the issuance of the permit is necessary to avoid undue hardship.

AB655-ASA2,69,16 (b) Subject to sub. (8), the department may allow a person to commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction permit on a case-by-case basis or on bases specified in a rule.

AB655-ASA2,69,18 (c) The department shall act on a waiver request under this subsection within 15 days after it receives the request.

AB655-ASA2, s. 197 Section 197. 285.60 (6) of the statutes is renumbered 285.60 (6) (a).

AB655-ASA2, s. 198 Section 198. 285.60 (6) (b) of the statutes is created to read:

AB655-ASA2,69,24 285.60 (6) (b) Subject to sub. (8), the department shall, by rule, exempt minor sources from the requirement to obtain a construction permit and an operation permit if the emissions from the sources do not present a significant hazard to public health, safety or welfare or to the environment.

AB655-ASA2, s. 199 Section 199. 285.60 (8) of the statutes is created to read:

AB655-ASA2,70,3 285.60 (8) Compliance with federal law. The department may not promulgate a rule or take any other action under this section that conflicts with the federal clean air act.

AB655-ASA2, s. 200 Section 200. 285.60 (9) of the statutes is created to read:

AB655-ASA2,70,16 285.60 (9) Petitions for registration permits, general permits, and exemptions. A person may petition the department to make a determination that a type of stationary source meets the criteria for a registration permit under sub. (2g), a general permit under sub. (3), or an exemption under sub. (6). The department shall provide a written response to a petition within 30 days after receiving the petition indicating whether the type of stationary source meets the applicable criteria for a registration permit, a general permit, or an exemption. If the type of source meets the applicable criteria, the department shall, within 365 days after receiving the petition, issue the registration permit or general permit or, for an exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed form any necessary rules or take any other action that is necessary provide the exemption.

AB655-ASA2, s. 201 Section 201. 285.60 (10) of the statutes is created to read:

AB655-ASA2,71,2 285.60 (10) Permit streamlining. The department shall continually assess permit obligations imposed under this section and ss. 285.61 to 285.65 and implement measures that are consistent with this chapter and the federal clean air act to allow for timely installation and operation of equipment and processes and the pursuit of related economic activity by lessening those obligations, including consolidating the permits for sources at a facility into one permit, expanding exemptions under sub. (6), and expanding the availability of registration permits under sub. (2g), general permits under sub. (3), and construction permit waivers under sub. (5m).

AB655-ASA2, s. 202 Section 202. 285.61 (2) of the statutes is renumbered 285.61 (2) (a) 1. and amended to read:

AB655-ASA2,71,10 285.61 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified in s. 895.20, after receipt of the application the department shall indicate provide written notice to the applicant describing specifically all of the plans, specifications and any other information necessary to determine if the proposed construction, reconstruction, replacement or modification will meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.

AB655-ASA2, s. 203 Section 203. 285.61 (2) (a) (title) of the statutes is created to read:

AB655-ASA2,71,12 285.61 (2) (a) (title) Request for additional information.

AB655-ASA2, s. 204 Section 204. 285.61 (2) (a) 2. of the statutes is created to read:

AB655-ASA2,71,17 285.61 (2) (a) 2. If the department requests additional information under subd. 1., the department shall notify the applicant, within 15 days after receiving additional information from the applicant, whether that additional information satisfies the department's request.

AB655-ASA2, s. 205 Section 205. 285.61 (2) (b) of the statutes is created to read:

AB655-ASA2,71,22 285.61 (2) (b) When application is considered to be complete. 1. If the department does not indicate to an applicant within the time provided in par. (a) 1. that additional information is needed, the application is considered to be complete for the purposes of the time limits in sub. (3) 20 days after receipt of the application.

AB655-ASA2,72,2 2. If the department indicates to an applicant within the time provided in par. (a) 1. that additional information is needed but the department does not indicate to the applicant within the time provided in par. (a) 2. that additional information provided is deficient, the application is considered to be complete for the purposes of the time limits in sub. (3) 15 days after receipt of the additional information.

AB655-ASA2,72,6 3. If neither subd. 1. nor subd. 2. applies, an application is considered to be complete for the purposes of the time limits in sub. (3) when the department notifies the applicant under par. (a) 2. that the additional information provided by the applicant satisfies the department's request.

AB655-ASA2,72,8 4. This paragraph does not prevent the department from requesting additional information from an applicant after the time limit in par. (a) 1. or 2.

AB655-ASA2, s. 206 Section 206. 285.61 (3) (intro.) of the statutes is amended to read:

AB655-ASA2,72,15 285.61 (3) Analysis. (intro.) The department shall prepare an analysis regarding the effect of the proposed construction, reconstruction, replacement or modification on ambient air quality and a preliminary determination on the approvability of the construction permit application, within the following time periods after the receipt of the plans, specifications and other information application is considered to be complete under sub. (2) (b):

AB655-ASA2, s. 207 Section 207. 285.61 (3) (a) of the statutes is amended to read:

AB655-ASA2,72,18 285.61 (3) (a) Major source construction permits. For construction permits for major sources, within 120 90 days.

AB655-ASA2, s. 208 Section 208. 285.61 (7) (a) of the statutes is amended to read:

AB655-ASA2,73,2 285.61 (7) (a) Hearing permitted. The department may hold a public hearing on the construction permit application if requested by a person who may be affected by the issuance of the permit, any affected state or the U.S. environmental protection agency within 30 days after the department gives notice under sub. (5) (c). A request for a public hearing shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold the public hearing within 60 days after the deadline for requesting a hearing if it deems that there is a significant public interest in holding a hearing.

AB655-ASA2, s. 209 Section 209. 285.61 (10) of the statutes is created to read:

AB655-ASA2,73,7 285.61 (10) Extensions. Upon agreement between the department and an applicant, the department shall extend any time limit applicable to the department under this section. The department may not require an applicant to agree to extend a time period as a condition of approving an application.

AB655-ASA2, s. 210 Section 210. 285.61 (11) of the statutes is created to read:

AB655-ASA2,73,16 285.61 (11) Delay in issuing permits. (a) Subject to sub. (10), if the department fails to act on an application for a construction permit within the time limit in sub. (8) (b), the department shall include in a report the reasons for the delay in acting on the application and recommendations for how to avoid similar delays in the future. The department shall make reports under this paragraph available to the public, place a prominent notice of the reports on the department's Internet site, and submit the reports to the standing committees of the legislature with jurisdiction over environmental matters semiannually.

AB655-ASA2,73,20 (b) If the department fails to act on an application for a construction permit within the time limit in sub. (8) (b) and the applicant has not agreed to an extension under sub. (10), the department shall refund the fee under s. 285.69 (1) (a) that was paid by the applicant.

AB655-ASA2, s. 211 Section 211. 285.62 (1) of the statutes is amended to read:

AB655-ASA2,74,4 285.62 (1) Applicant notice Application required. A person who is required to obtain an operation permit for a stationary source shall apply to the department for the permit on or before the operation permit application date specified under sub. (11) (b). The department shall specify by rule the content of applications under this subsection. If required by the federal clean air act, the department shall provide a copy of the complete application to the federal environmental protection agency. The department may not accept an application submitted to the department before November 15, 1992, as an application under this subsection.

AB655-ASA2, s. 212 Section 212. 285.62 (2) of the statutes is renumbered 285.62 (2) (a) 1. and amended to read:

AB655-ASA2,74,12 285.62 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified in s. 895.20, after receipt of the application the department shall indicate provide written notice to the applicant describing specifically any additional information required under sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.

AB655-ASA2, s. 213 Section 213. 285.62 (2) (a) (title) of the statutes is created to read:

AB655-ASA2,74,14 285.62 (2) (a) (title) Request for additional information.

AB655-ASA2, s. 214 Section 214. 285.62 (2) (a) 2. of the statutes is created to read:

AB655-ASA2,74,19 285.62 (2) (a) 2. If the department requests additional information under subd. 1., the department shall notify the applicant, within 15 days after receiving additional information from the applicant, whether that additional information satisfies the department's request.

AB655-ASA2, s. 215 Section 215. 285.62 (2) (b) of the statutes is created to read:

AB655-ASA2,74,24 285.62 (2) (b) When application is considered to be complete. 1. If the department does not indicate to an applicant within the time provided in par. (a) 1. that additional information is needed, the application is considered to be complete for the purposes of the time limit in sub. (7) (b) 20 days after receipt of the application.

AB655-ASA2,75,5 2. If the department indicates to an applicant within the time provided in par. (a) 1. that additional information is needed but the department does not indicate to the applicant within the time provided in par. (a) 2. that additional information provided is deficient, the application is considered to be complete for the purposes of the time limit in sub. (7) (b) 15 days after receipt of the additional information.

AB655-ASA2,75,9 3. If neither subd. 1. nor subd. 2. applies, an application is considered to be complete for the purposes of the time limit in sub. (7) (b) when the department notifies the applicant under par. (a) 2. that the additional information provided by the applicant satisfies the department's request.

AB655-ASA2,75,11 4. This paragraph does not prevent the department from requesting additional information from an applicant after the time limit in par. (a) 1. or 2.

AB655-ASA2, s. 216 Section 216. 285.62 (5) (a) of the statutes is amended to read:

AB655-ASA2,75,21 285.62 (5) (a) Hearing permitted. The department may hold a public hearing on an application for an operation permit for a stationary source if requested by any state that received notice under sub. (3) (b) or any other person, if the person may be affected by the issuance of the permit, within 30 days after the department gives notice under sub. (3) (c). A request for a public hearing shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold the public hearing within 60 days after the deadline for requesting a hearing if it determines that there is a significant public interest in holding the hearing.

AB655-ASA2, s. 217 Section 217. 285.62 (6) (c) 1. of the statutes is amended to read:

AB655-ASA2,76,2 285.62 (6) (c) 1. If the department receives an objection from the federal environmental protection agency under this subsection, the department may not issue the operation permit unless the department revises the proposed operation permit as necessary to satisfy the objection.

AB655-ASA2, s. 218 Section 218. 285.62 (7) (b) of the statutes is amended to read:

AB655-ASA2,76,11 285.62 (7) (b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under ss. 285.63 and 285.64 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the application is considered to be complete under sub. (2) (b) or after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit, whichever is later.

AB655-ASA2, s. 219 Section 219. 285.62 (8) of the statutes is renumbered 285.62 (8) (a).

AB655-ASA2, s. 220 Section 220. 285.62 (8) (b) of the statutes is created to read:

AB655-ASA2,76,19 285.62 (8) (b) If a person submits an application for renewal of an operation permit before the date specified in s. 285.66 (3) (a), the stationary source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (7), except that this paragraph does not apply in a situation in which its application would contravene the federal clean air act.

AB655-ASA2, s. 221 Section 221. 285.62 (9) (b) of the statutes is repealed and recreated to read:

AB655-ASA2,77,3 285.62 (9) (b) Subject to sub. (12), if the department fails to act on an application for an operation permit within the time limit under sub. (7) (b), the department shall include in a report the reasons for the delay in acting on the application and recommendations for how to avoid delays in the future in similar situations. The department shall make reports under this subsection available to the public, place a prominent notice of the reports on the department's Internet site, and submit the reports to the standing committees of the legislature with jurisdiction over environmental matters semiannually.

AB655-ASA2, s. 222 Section 222. 285.62 (12) of the statutes is created to read:

AB655-ASA2,77,8 285.62 (12) Extensions. Upon agreement between the department and an applicant, the department shall extend any time limit applicable to the department under this section. The department may not require an applicant to agree to extend a time period as a condition of approving an application.

AB655-ASA2, s. 223 Section 223. 285.63 (1) (d) of the statutes is amended to read:

AB655-ASA2,77,16 285.63 (1) (d) Source will not preclude construction or operation of other source. The stationary source will not degrade the air quality in an area sufficiently to prevent the construction, reconstruction, replacement, modification or operation of another stationary source if the department received plans, specifications and other information under s. 285.61 (2) (a) for the other stationary source prior to commencing its analysis under s. 285.61 (3) for the former stationary source. This paragraph does not apply to an existing source required to have an operation permit.

AB655-ASA2, s. 224 Section 224. 285.66 (2) of the statutes is renumbered 285.66 (2) (a).

AB655-ASA2, s. 225 Section 225. 285.66 (2) (b) of the statutes is created to read:

AB655-ASA2,77,20 285.66 (2) (b) Notwithstanding par. (a), the department may not specify that coverage under a general permit under s. 285.60 (3) expires except as follows:

AB655-ASA2,77,22 1. The department may specify an expiration date for coverage under a general permit at the request of an owner or operator.

AB655-ASA2,78,2 2. The department may specify a term of 5 years or longer for coverage under a general permit if the department finds that expiring coverage would significantly improve the likelihood of continuing compliance with applicable requirements compared to coverage that does not expire.

AB655-ASA2,78,4 3. The department may specify a term of 5 years or less for coverage under a general permit if required by the federal clean air act.

AB655-ASA2, s. 226 Section 226. 285.66 (3) (a) of the statutes is amended to read:

AB655-ASA2,78,8 285.66 (3) (a) A permittee shall apply for renewal of an operation permit at least 12 6 months before the operation permit expires. The permittee shall include any new or revised information needed to process the application for renewal.

AB655-ASA2, s. 227 Section 227. 285.81 (1) (intro.) of the statutes is amended to read:

AB655-ASA2,78,14 285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any permit, part of a permit, condition or requirement in a permit, order, decision or determination by the department under ss. 285.39, 285.60 to 285.69 or 285.75 shall become effective unless the permit holder or applicant or the order recipient seeks a hearing on challenging the action in the following manner:

AB655-ASA2, s. 228 Section 228. 285.81 (1m) of the statutes is created to read:

AB655-ASA2,78,20 285.81 (1m) Effect of a challenge. (a) Subject to par. (b), if a permit holder or applicant seeks a hearing challenging part of a permit or a condition or requirement in a permit under sub. (1), the remainder of the permit shall become effective and the permit holder or applicant may, at its discretion, begin the activity for which the application was submitted or for which the permit was issued.

AB655-ASA2,78,24 (b) An emission limitation contained in a permit becomes effective despite a challenge under par. (a), unless the permit holder or applicant challenging the emission limitation obtains a stay of the emission limitation from the hearing examiner or court considering the challenge.

AB655-ASA2, s. 229 Section 229. 299.05 (2) (a) of the statutes is amended to read:

AB655-ASA2,79,2 299.05 (2) (a) Permits, contracts, and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.

AB655-ASA2, s. 230 Section 230. 299.05 (2) (d) of the statutes is repealed.

AB655-ASA2, s. 231 Section 231 . Nonstatutory provisions.

AB655-ASA2,79,5 (1) Report on air permit streamlining efforts.

AB655-ASA2,79,8 (a) The department of natural resources, in consultation with owners and operators of stationary sources of air pollution, shall develop a report that contains all of the following:

AB655-ASA2,79,11 1. A list of all existing exemptions under section 285.60 (6) of the statutes, as affected by this act, and all general permits under section 285.60 (3) of the statutes, as affected by this act.

AB655-ASA2,79,19 2. Recommendations, and related proposed rule revisions, for expanding exemptions under section 285.60 (6) of the statutes, as affected by this act, establishing registration permits under section 285.60 (2g) of the statutes, as created by this act, expanding the use of general permits under section 285.60 (3) of the statutes, as affected by this act, issuing construction permit waivers under section 285.60 (5m) of the statutes, as created by this act, and taking other actions under section 285.60 (10) of the statutes, as created by this act, including consolidating the permits for sources at one facility into one permit.

AB655-ASA2,80,3 3. A schedule for providing additional reports containing recommendations, and related rule revisions, for expanding exemptions under section 285.60 (6) of the statutes, as affected by this act, expanding the use of registration permits under section 285.60 (2g) of the statutes, as created by this act, expanding the use of general permits under section 285.60 (3) of the statutes, as affected by this act, expanding the issuance of construction permit waivers under section 285.60 (5m) of the statutes, as created by this act, and taking other actions under section 285.60 (10) of the statutes, as created by this act, including consolidating the permits for sources at one facility into one permit.

AB655-ASA2,80,11 4. A description of requirements in the federal clean air act that limit the department's ability to expand exemptions under section 285.60 (6) of the statutes, as affected by this act, expand the use of registration permits under section 285.60 (2g) of the statutes, as created by this act, expand the use of general permits under section 285.60 (3) of the statutes, as affected by this act, expand the issuance of construction permit waivers under section 285.60 (5m) of the statutes, as created by this act, and take other actions under section 285.60 (10) of the statutes, as created by this act, and recommendations on how these limitations might be overcome.

AB655-ASA2,80,15 (b) The department of natural resources shall submit the report under paragraph (a) to the legislature in the manner provided under s. 13.172 (2) no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB655-ASA2,80,20 (2) Report on clean air act state implementation plans. No later than the first day of the 13th month beginning after the effective date of this subsection, the department of natural resources shall submit to the standing committees of the legislature with jurisdiction over environmental matters a report that contains all of the following:

AB655-ASA2,80,25 (a) A description of all of this state's existing and pending state implementation plans under 42 USC 7410 with an analysis of any rules or requirements included in the plans that may not have been necessary to obtain federal environmental protection agency approval but that are federally enforceable as a result of being included in the plan.