AB655,84,1614 2. A promise or commitment to renew, extend, modify, or permit a delay in
15repayment or performance of a loan, extension of credit, or other financial
16accommodation.
AB655,84,1917 (c) Except as provided in par. (d), a promise or commitment by a financial
18institution described in par. (b) may not be enforced under the doctrine of promissory
19estoppel.
AB655,84,2120 (d) Paragraphs (b) and (c) do not apply to credit transactions that are subject
21to chs. 421 to 427.
AB655, s. 210 22Section 210. 281.22 (2) (c) of the statutes is amended to read:
AB655,84,2523 281.22 (2) (c) If more than one fee under this section or s. 30.28 (2) (a) or 31.39
24(2) (a) is applicable to a project, the department shall charge only the highest fee of
25those that are applicable.
AB655, s. 211
1Section 211. 285.01 (12m) of the statutes is created to read:
AB655,85,32 285.01 (12m) "Certified contractor" means a contractor that is certified under
3s. 285.755.
AB655, s. 212 4Section 212. 285.11 (6) (intro.) of the statutes is renumbered 285.11 (6) and
5amended to read:
AB655,85,156 285.11 (6) Prepare and develop one or more comprehensive plans for the
7prevention, abatement and control of air pollution in this state. The department
8thereafter shall be responsible for the revision and implementation of the plans. The
9rules or control strategies submitted to the federal environmental protection agency
10under the federal clean air act for control of atmospheric ozone shall conform with
11the federal clean air act unless, based on the recommendation of the natural
12resources board or the head of the department, as defined in s. 15.01 (8), of any other
13department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control
14strategy, the governor determines that measures beyond those required by the
15federal clean air act meet any of the following criteria:
AB655, s. 213 16Section 213. 285.11 (6) (a) and (b) of the statutes are repealed.
AB655, s. 214 17Section 214. 285.11 (9) of the statutes is amended to read:
AB655,85,1918 285.11 (9) Prepare and adopt minimum standards for the emission of mercury
19compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).
AB655, s. 215 20Section 215. 285.11 (17) of the statutes is repealed and recreated to read:
AB655,86,621 285.11 (17) Promulgate rules that incorporate changes made by regulations of
22the federal environmental protection agency governing review of modifications of
23major sources under 42 USC 7470 to 7515, including regulations that were published
24in the Federal Register on December 31, 2002, and October 27, 2003. The
25department may not include in the rules any requirements that are inconsistent with

1or more stringent than the federal regulations. To the extent possible, the
2department shall incorporate similar changes for minor sources if the changes
3reduce administrative requirements for minor sources. The department shall
4submit in proposed form rules required under this subsection to the legislative
5council staff under s. 227.15 (1) no later than the first day of the 7th month after the
6regulations making the changes on which the rules are based take effect.
AB655, s. 216 7Section 216. 285.14 of the statutes is created to read:
AB655,86,13 8285.14 State implementation plans. (1) Content. The department may
9only include in a state implementation plan under 42 USC 7410 rules or
10requirements that are necessary to obtain approval of the plan by the federal
11environmental protection agency, including requirements that are necessary in
12order to comply with the percentage reductions specified in 42 USC 7511a (b) (1) (A)
13or (c) (2) (B).
AB655,87,5 14(2) Review by committee for review of administrative rules. At least 90 days
15before the department is required to submit a state implementation plan to the
16federal environmental protection agency, the department shall prepare and submit
17a report to the joint committee for review of administrative rules that describes the
18proposed plan and contains all of the supporting documents that the department
19intends to submit with the plan. If, within 30 days after the department submits the
20report, the cochairpersons of the joint committee for review of administrative rules
21do not return the report to the department with a written explanation of why the
22committee is returning the report, the department may submit the plan. If, within
2330 days after the department submits the report, the cochairpersons of the joint
24committee for review of administrative rules return the report to the department
25with a written explanation of why the committee is returning the report, the

1department may not submit the plan until the committee agrees that the department
2has adequately addressed the issues raised by the committee. If the secretary
3disagrees with the committee's reasons for returning the report, the secretary shall
4so notify the committee in writing. This subsection does not apply to a modification
5to a state implementation plan relating to an individual source.
AB655, s. 217 6Section 217. 285.17 (2) of the statutes is amended to read:
AB655,87,217 285.17 (2) The department may, by rule or in an operation permit, require the
8owner or operator of an air contaminant source to monitor the emissions of the air
9contaminant source or to monitor the ambient air in the vicinity of the air
10contaminant source and to report the results of the monitoring to the department.
11The department may specify methods for conducting the monitoring and for
12analyzing the results of the monitoring. The department shall require the owner or
13operator of a major source to report the results of any required monitoring of
14emissions from the major source to the department no less often than every 6 months.
15The department may not include a monitoring requirement in an operation permit
16if the applicant demonstrates that the cost of compliance with the requirement would
17exceed the cost of compliance with monitoring requirements imposed on similar air
18contaminant sources by a state adjacent to this state or if the monitoring is not
19needed to provide assurance of compliance with requirements that apply to the air
20contaminant source, unless the monitoring is required under the federal clean air
21act.
AB655, s. 218 22Section 218. 285.21 (1) (a) (title) of the statutes is repealed.
AB655, s. 219 23Section 219. 285.21 (1) (a) of the statutes is renumbered 285.21 (1) and
24amended to read:
AB655,88,4
1285.21 (1) Ambient air quality standards. If an ambient air quality standard
2is promulgated under section 109 of the federal clean air act, the department shall
3promulgate by rule a similar standard but this standard may not be more restrictive
4than the federal standard except as provided under sub. (4).
AB655, s. 220 5Section 220. 285.21 (1) (b) of the statutes is repealed.
AB655, s. 221 6Section 221. 285.21 (2) of the statutes is amended to read:
AB655,88,117 285.21 (2) Ambient air increment. The department shall promulgate by rule
8ambient air increments for various air contaminants in attainment areas. The
9ambient air increments shall be consistent with and not more restrictive, either in
10terms of the concentration or the contaminants to which they apply, than ambient
11air increments under the federal clean air act except as provided under sub. (4).
AB655, s. 222 12Section 222. 285.21 (4) of the statutes is amended to read:
AB655,88,1713 285.21 (4) Impact of change in federal standards. If the ambient air
14increment or the ambient air quality standards in effect on April 30, 1980, under the
15federal clean air act are relaxed modified, the department shall alter the
16corresponding state standards unless it finds that the relaxed standards would not
17provide adequate protection for public health and welfare
accordingly.
AB655, s. 223 18Section 223. 285.23 (1) of the statutes is amended to read:
AB655,88,2519 285.23 (1) Procedures and criteria. The department shall promulgate by rule
20procedures and criteria to identify a nonattainment area and to reclassify a
21nonattainment area as an attainment area. The department may not identify a
22county as part of a nonattainment area if the the concentration of an air contaminant
23in the atmosphere does not exceed an ambient air quality standard, unless the
24department is required under the federal clean air act to identify the county as part
25of a nonattainment area.
AB655, s. 224
1Section 224. 285.23 (5) of the statutes is created to read:
AB655,89,72 285.23 (5) Particulate standards. The department may not identify an area
3as a nonattainment area based on the concentration in the atmosphere of particulate
4matter measured as total suspended particulates and shall redesignate as an
5attainment area any area identified as a nonattainment area if the only basis on
6which the area could be identified as a nonattainment area is the concentration in
7the atmosphere of particulate matter measured as total suspended particulates.
AB655, s. 225 8Section 225. 285.23 (6) of the statutes is created to read:
AB655,89,259 285.23 (6) Report to the joint committee for review of administrative rules.
10Before the department issues documents under sub. (2) and at least 90 days before
11the governor is required to make a submission on a nonattainment designation
12under 42 USC 7407 (d) (1) (A), the department shall prepare and submit a report to
13the joint committee for review of administrative rules that contains a description of
14any area proposed to be identified as a nonattainment area and supporting
15documentation. If the department has complied with sub. (4) and if, within 30 days
16after the department submits the report, the cochairpersons of the joint committee
17for review of administrative rules do not return the report to the department with
18a written explanation of why the committee is returning the report, the department
19may issue the documents under sub. (2) and the governor may make the submission.
20If, within 30 days after the department submits the report, the cochairpersons of the
21joint committee for review of administrative rules return the report to the
22department with a written explanation of why the committee is returning the report,
23the department may not issue the documents under sub. (2) and the governor may
24not make the submission until the committee agrees that the department has
25adequately addressed the issues raised by the committee.
AB655, s. 226
1Section 226. 285.27 (1) (a) of the statutes is amended to read:
AB655,90,92 285.27 (1) (a) Similar to federal Federal standard. If a standard of performance
3for new stationary sources is promulgated under section 111 of the federal clean air
4act, the department shall promulgate by a rule a similar that incorporates that
5emission standard but this standard and related administrative requirements. The
6department
may not be promulgate a rule under this paragraph that is more
7restrictive in terms of emission limitations or otherwise more burdensome to persons
8operating sources affected by the emission standard
than the federal standard and
9related requirements
except as provided under sub. (4).
AB655, s. 227 10Section 227. 285.27 (2) (a) of the statutes is amended to read:
AB655,90,1811 285.27 (2) (a) Similar to federal Federal standard. If an emission standard for
12a hazardous air contaminant is promulgated under section 112 of the federal clean
13air act, the department shall promulgate by a rule a similar that incorporates that
14emission
standard but this standard and related administrative requirements. The
15department
may not be promulgate a rule under this paragraph that is more
16restrictive in terms of emission limitations or otherwise more burdensome to persons
17operating sources affected by the emission standard
than the federal standard and
18related requirements
except as provided under sub. (4).
AB655, s. 228 19Section 228. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.)
20and amended to read:
AB655,91,221 285.27 (2) (b) Standard to protect public health or welfare. (intro.) If an
22emission standard for a hazardous air contaminant is not promulgated under section
23112 of
the federal clean air act, the department may promulgate an emission
24standard for the hazardous air contaminant if the department finds the standard is
25needed to provide adequate protection for public health or welfare. The department

1may not make a finding for a hazardous air contaminant unless the finding is
2supported with written documentation that includes all of the following:
AB655, s. 229 3Section 229. 285.27 (2) (b) 1. to 3. of the statutes are created to read:
AB655,91,64 285.27 (2) (b) 1. A public health risk assessment that characterizes the
5stationary sources in this state that are known to emit the hazardous air
6contaminant and the individuals who are potentially at risk from the emissions.
AB655,91,97 2. An analysis showing that identified individuals are subjected to inhalation
8levels of the hazardous air contaminant that are above recognized environmental
9health standards.
AB655,91,1310 3. An evaluation of options for managing the risks caused by the hazardous air
11contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
12and other relevant factors, and a finding that the chosen compliance alternative
13reduces risks in the most cost-effective manner practicable.
AB655, s. 230 14Section 230. 285.27 (2) (d) of the statutes is created to read:
AB655,91,2215 285.27 (2) (d) Emissions regulated under federal law. Emissions limitations
16promulgated under par. (b) and related control requirements do not apply to
17hazardous air contaminants emitted by emissions units, operations, or activities
18that are regulated by an emission standard promulgated under the federal clean air
19act, including a hazardous air contaminant that is regulated under the federal clean
20air act by virtue of regulation of another substance as a surrogate for the hazardous
21air contaminant or by virtue of regulation of a species or category of hazardous air
22contaminants that includes the hazardous air contaminant.
AB655, s. 231 23Section 231. 285.27 (4) of the statutes is amended to read:
AB655,92,924 285.27 (4) Impact of change in federal standards. If the standards of
25performance for new stationary sources or the emission standards for hazardous air

1contaminants under the federal clean air act are relaxed, the department shall alter
2the corresponding state standards unless it finds that the relaxed standards would
3not provide adequate protection for public health and welfare. The department may
4not make this finding for an emission standard for a hazardous air contaminant
5unless the finding is supported with the written documentation required under sub.
6(2) (b) 1. to 3.
This subsection applies to state standards of performance for new
7stationary sources and emission standards for hazardous air contaminants in effect
8on April 30, 1980, if the relaxation in the corresponding federal standards occurs
9after April 30, 1980.
AB655, s. 232 10Section 232. 285.60 (1) (a) 1. of the statutes is amended to read:
AB655,92,1411 285.60 (1) (a) 1. Except as provided in sub. (2g), (3) (c), (5m), (6), (6m), or (6r),
12no person may commence construction, reconstruction, replacement or modification
13of a stationary source unless the person has a construction permit from the
14department.
AB655, s. 233 15Section 233. 285.60 (1) (b) 1. of the statutes is amended to read:
AB655,92,1816 285.60 (1) (b) 1. Except as provided in subd. 2., par. (a) 2., sub. (2g), (6), or (6m),
17or s. 285.62 (8), no person may operate a new source or a modified source unless the
18person has an operation permit under s. 285.62 from the department.
AB655, s. 234 19Section 234. 285.60 (2) (a) of the statutes is amended to read:
AB655,92,2320 285.60 (2) (a) Operation permit requirement. Except as provided in sub. (6) or
21(6m)
or s. 285.62 (8), no person may operate an existing source after the operation
22permit requirement date specified under s. 285.62 (11) (a) unless the person has an
23operation permit under s. 285.62 from the department.
AB655, s. 235 24Section 235. 285.60 (2g) of the statutes is created to read:
AB655,93,9
1285.60 (2g) Registration permits. (a) Rules. Subject to sub. (8), the
2department shall promulgate rules specifying a simplified process under which the
3department issues a registration permit for a stationary source with low actual
4emissions if the owner or operator provides to the department, on a form prescribed
5by the department, sufficient information to show that the source qualifies for a
6registration permit. In the rules, the department shall include criteria for
7identifying categories of sources the owners or operators of which may elect to obtain
8registration permits and general requirements applicable to sources that qualify for
9registration permits.
AB655,93,1310 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
11(2) to (7) do not apply to a registration permit under this subsection. Within 15 days
12after receipt of the form prescribed by the department, the department shall provide
13one of the following to an applicant for a registration permit:
AB655,93,1614 1. Written notice of the department's determination that the source qualifies
15for a registration permit and that the applicant may operate the source consistent
16with the terms and conditions of the registration permit.
AB655,93,1817 2. A written description of any information that is missing from the application
18for a registration permit.
AB655,93,2119 3. Written notice of the department's determination that the source does not
20qualify for a registration permit, specifically describing the reasons for that
21determination.
AB655,93,2522 (c) Exemption from requirement for permit prior to construction. A person is
23not required to obtain a permit prior to construction, reconstruction, replacement,
24or modification of a stationary source that qualifies for a registration permit under
25par. (a) unless a construction permit is required under the federal clean air act.
AB655, s. 236
1Section 236. 285.60 (2m) of the statutes is repealed.
AB655, s. 237 2Section 237. 285.60 (3) of the statutes is repealed and recreated to read:
AB655,94,73 285.60 (3) General permits. (a) Rules. The department shall promulgate rules
4for the issuance of general permits for similar stationary sources. In the rules, the
5department shall specify criteria for identifying categories of sources for which the
6department may issue general permits and general requirements applicable to
7sources that qualify for general permits.
AB655,94,128 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
9(2) to (5) do not apply to the determination of whether a source is covered by a general
10permit under this subsection. Within 15 days after receipt of an application for
11coverage under a general permit, the department shall provide one of the following
12to the applicant:
AB655,94,1513 1. Written notice of the department's determination that the source qualifies
14for coverage under the general permit and that the applicant may operate the source
15consistent with the terms and conditions of the general permit.
AB655,94,1716 2. A written description of any information that is missing from the application
17for coverage under the general permit.
AB655,94,2018 3. Written notice of the department's determination that the source does not
19qualify for coverage under the general permit, specifically describing the reasons for
20that determination.
AB655,94,2421 (c) Exemption from requirement for permit prior to construction. A person is
22not required to obtain a permit prior to construction, reconstruction, replacement or
23modification of a stationary source that qualifies for coverage under a general permit
24under par. (a) unless a construction permit is required under the federal clean air act.
AB655, s. 238 25Section 238. 285.60 (5m) of the statutes is created to read:
AB655,95,6
1285.60 (5m) Waiver of construction permit requirements. Subject to sub. (8),
2the department shall grant a waiver from the requirement to obtain a construction
3permit prior to construction, reconstruction, replacement, or modification of a
4stationary source upon a showing by the owner or operator of the stationary source
5that obtaining the permit would cause undue hardship. The department shall act
6on a waiver request within 15 days after it receives the request.
AB655, s. 239 7Section 239. 285.60 (6) of the statutes is amended to read:
AB655,95,138 285.60 (6) Exemption by rule. Notwithstanding the other provisions of this
9section
Subject to sub. (8), the department may shall, by rule, exempt types of
10stationary
minor sources from any the requirement of this section to obtain a
11construction permit and an operation permit
if the potential emissions from the
12sources do not present a significant hazard to public health, safety or welfare or to
13the environment.
AB655, s. 240 14Section 240. 285.60 (6m) of the statutes is created to read:
AB655,95,1915 285.60 (6m) Specific exemption. A person is not required to obtain a
16construction permit or an operation permit for a source that is an agricultural
17facility, as defined in s. 281.16 (1) (a), a livestock operation, as defined in s. 281.16
18(1) (c), or an agricultural practice, as defined in s. 281.16 (1) (b), unless a permit is
19required by the federal clean air act.
AB655, s. 241 20Section 241. 285.60 (6r) of the statutes is created to read:
AB655,96,221 285.60 (6r) Exemption from construction permit requirement. A person is not
22required to obtain a construction permit for a source that is a component of a process,
23of equipment, or of an activity that is otherwise covered by a preexisting operation
24permit or a source that is a component of a process, of equipment, or of an activity

1that is included in a completed application for an operation permit, unless a
2construction permit is required under the federal clean air act.
AB655, s. 242 3Section 242. 285.60 (8) of the statutes is created to read:
AB655,96,6 4285.60 (8) Compliance with federal law. The department may not promulgate
5a rule or take any other action under this section that conflicts with the federal clean
6air act.
AB655, s. 243 7Section 243. 285.60 (9) of the statutes is created to read:
AB655,96,198 285.60 (9) Petitions for registration permits, general permits, and
9exemptions.
A person may petition the department to make a determination that a
10type of stationary source meets the criteria for a registration permit under sub. (2g),
11a general permit under sub. (3), or an exemption under sub. (6). The department
12shall provide a written response to a petition within 30 days after receiving the
13petition indicating whether the type of stationary source meets the applicable
14criteria for a registration permit, a general permit, or an exemption. If the type of
15source meets the applicable criteria, the department shall, within 365 days after
16receiving the petition, issue the registration permit or general permit or, for an
17exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed
18form any necessary rules or take any other action that is necessary provide the
19exemption.
AB655, s. 244 20Section 244. 285.60 (10) of the statutes is created to read:
AB655,97,421 285.60 (10) Permit streamlining. The department shall continually assess
22permit obligations imposed under this section and ss. 285.61 to 285.65 and
23implement measures that are consistent with this chapter and the federal clean air
24act to allow for timely installation and operation of equipment and processes and the
25pursuit of related economic activity by lessening those obligations, including

1consolidating the permits for sources at a facility into one permit, expanding
2exemptions under sub. (6), and expanding the availability of registration permits
3under sub. (2g), general permits under sub. (3), and construction permit waivers
4under sub. (5m).
AB655, s. 245 5Section 245. 285.61 (1) of the statutes is amended to read:
AB655,97,116 285.61 (1) Applicant notice Application required. A person who is required
7to obtain or who seeks a construction permit shall apply to the department or a
8certified contractor
for a permit to construct, reconstruct, replace or modify the
9stationary source. If a person applies to a certified contractor under this subsection,
10the person shall provide notice of that application to the department as prescribed
11by the department.
AB655, s. 246 12Section 246. 285.61 (2) of the statutes is renumbered 285.61 (2) (a) and
13amended to read:
AB655,97,1914 285.61 (2) (a) Request for additional information. Within 20 days after receipt
15of the application the department or the certified contractor shall indicate provide
16written notice to the applicant describing specifically all of
the plans, specifications
17and any other information necessary to determine if the proposed construction,
18reconstruction, replacement or modification will meet the requirements of this
19chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.
AB655, s. 247 20Section 247. 285.61 (2) (b) of the statutes is created to read:
AB655,98,221 285.61 (2) (b) When application is considered to be complete. For the purposes
22of the time limits in sub. (3), an application is considered to be complete when the
23applicant provides the information specified in the written notice under par. (a), or,
24if the department or the certified contractor does not provide written notice to an
25applicant within the time limit in par. (a), 20 days after receipt of the application.

1This paragraph does not prevent the department or a certified contractor from
2requesting additional information from an applicant after the time limit in par. (a).
AB655, s. 248 3Section 248. 285.61 (3) of the statutes is amended to read:
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