Amendment ASA2-AB655

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AB655-ASA2, s. 221 Section 221. 285.62 (9) (b) of the statutes is repealed and recreated to read: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

AB655-ASA2,81,3 (b) Recommendations for priorities for revisions of state implementation plans to remove rules and other requirements that may not have been necessary to obtain federal environmental protection agency approval.

AB655-ASA2,81,14 (3) Report on emission monitoring practices. The department of natural resources, in consultation with representatives of industry and others, shall develop a report that identifies best practices for emissions monitoring required under section 285.17 (2) of the statutes, as affected by this act, and related proposed rule revisions, to reduce overall permitting costs and approval times and to minimize inconsistencies in monitoring requirements within this state and with monitoring requirements imposed by other states and the federal environmental protection agency. The department shall submit the report under this subsection to the standing committees of the legislature with jurisdiction over environmental matters no later than the first day of the 13th month beginning after the effective date of this subsection.

AB655-ASA2,81,24 (4) Report on application requirements. The department of natural resources, in consultation with representatives of industry and others, shall develop a report that identifies information that the department will require in applications for air pollution control permits, and related proposed rule revisions, to reduce overall permitting costs and approval times and to minimize inconsistencies in application requirements within this state and with application requirements imposed by other states and the federal environmental protection agency. The department shall submit the report under this subsection to the standing committees of the legislature with jurisdiction over environmental matters no later than the first day of the 13th month beginning after the effective date of this subsection.

AB655-ASA2, s. 232 Section 232. Initial applicability.

AB655-ASA2,82,5 (1) Processing of air permits. The treatment of sections 285.61 (3) (intro.) and (a), (7) (a), and (11), 285.62 (5) (a), (7) (b), and (9) (b), and 285.66 (3) (a) of the statutes, the renumbering and amendment of sections 285.61 (2) and 285.62 (2) of the statutes, the creation of sections 285.61 (2) (a) 2. and (b) and 285.62 (2) (a) 2. and (b) of the statutes first apply to applications submitted on the effective date of this subsection.

AB655-ASA2,82,8 (2) Review of air pollution control decisions. The treatment of section 285.81 (1) (intro.) and (1m) of the statutes first applies to person who file petitions on the effective date of this subsection.

AB655-ASA2,82,13 (2m) Promulgation of emission standards for hazardous air contaminants. The renumbering and amendment of section 285.27 (2) (b) of the statutes and the creation of section 285.27 (2) (b) 1. to 4. of the statutes first apply to rules submitted to the legislative council staff under section 227.15 (1) of the statutes on the effective date of this subsection.

AB655-ASA2,82,14 (3k) Chapter 30 procedures.

AB655-ASA2,82,17 (a) The treatment of sections 30.208 and 30.209 of the statutes first applies to applications for individual permits that are submitted to the department of natural resources on the effective date of this paragraph.

AB655-ASA2,82,20 (b) The treatment of sections 30.208 and 30.209 of the statutes first applies to applications for contracts under section 30.20 of the statutes that are submitted to the department of natural resources on the effective date of this paragraph.

AB655-ASA2,82,21 (End)