Permit Exemptions

A permit exemption is a release from the requirement to obtain a permit. The goal of any exemption is to address unintended regulatory burdens that would not provide any meaningful environmental gain. Facilities eligible for exemptions must still abide by all other applicable air quality regulations.

In June 2007, the DNR created two new types of exemptions from air pollution control permit requirements. These were:

• A construction permit exemption for projects at any facility that meet certain emissions limits. (Facilities with a Registration Permit or General Operation Permit do not need to apply for this exemption.)
• An operation permit exemption for facilities with low actual emissions. Facilities that remain eligible for this exemption are also exempt from construction permit requirements.

Note: If you are a small facility constructing a new unit, check first to see if you are eligible for the operation permit exemption. If so, you can add the unit under this exemption (and without a construction permit) as long as the new unit qualifies for the exemption once it is operating.

See these fact sheets for more information on the permit exemptions and how to determine if your facility is eligible:

• Exemptions from Construction Permits Based on Actual Emissions [PDF 48 KB]
• Exemptions from Operation Permits Based on Actual Emissions [PDF 59KB]

It is important to understand that exemption from the requirement to get a permit does not exempt your facility from other air pollution regulations. The Department of Commerce Small Business Clean Air Assistance Program (SBCAAP) has resources to help facilities determine what rules apply and how to show compliance with them. Go to SBCAAP’s Web site [exit DNR] or contact Renee Bashel at (608)264-6153 or Tom Coogan at (608)267-9214.

How Do I Obtain a Permit Exemption?

If you are eligible for a construction permit exemption, before starting on any projects, you must take the following steps:

• Use the optional permit application form [PDF 76KB] or a letter to notify the DNR of your claim of exemption from construction permitting. You must submit a written claim of exemption to the department.
• In addition, you must include a complete application for a revision to your facility-wide operation permit or, if the DNR has not yet acted upon your application for an operation permit, you must submit an amendment to your application.
• If control equipment is used to limit actual emissions from any unit in the project, the operation permit revision application or amendment must propose methods that will be used to monitor operation of the control equipment.

Mail your claim of exemption and complete operation permit revision application or amendment to: Wisconsin Department of Natural Resources, Bureau of Air Management, AM/7 – Exemptions, PO Box 7921, Madison, WI 53707-7921.

If you are eligible for an operation permit exemption, you will need to notify the DNR in writing of your intent to operate under the actual emissions exemption if either of the following conditions apply to your facility:

• your facility is required to report annual emissions under s. NR 438.03; Wis. Adm. Code, or
• you have submitted an operation permit application or are currently operating under an air pollution control permit.

To notify the department of your intent to operate under the actual emissions exemption, you must either optional permit application form [PDF 76KB] or submit a simple letter that stating that you are intend to operate under the exemption and the reason that you qualify for the exemption. Mail your notification to: Wisconsin Department of Natural Resources, Bureau of Air Management, AM/7 – Actual Emissions Exemption, PO Box 7921, Madison, WI 53707-7921.