Wisconsin New Source Review regulations & environmental compliance analysis

Wisconsin New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Wisconsin Administrative Code, Department of Natural Resources (NR) 406.01 to 406.18

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Nonattainment New Source Review (NSR): NR 408.01 to 408.11

Nonattainment areas: 40 CFR 81.350

Permitting requirements: NR 408.04 to 408.08

Public participation: NR 408.09

Prevention of Significant Deterioration (PSD): NR 405.01 to 405.19, 40 CFR 52.21, 40 CFR 52.2572, and 40 CFR 52.2581

Class I Areas: NR 405.19

Public participation: NR 405.15

Permit fees: NR 410.01 to 410.06

Regulatory Agency

Wisconsin Department of Natural Resources (DNR) Air, Waste, and Remediation & Redevelopment Division (AWaRe) Air Management Program

U.S. Environmental Protection Agency (EPA) Region 5

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Wisconsin requires a facility to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD), depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted. Wisconsin has adopted regulations that follow the current federal requirements for nonattainment NSR and PSD, with the exception of the provisions addressing PM-2.5 PSD increments. Wisconsin has yet to have provisions addressing PM-2.5 PSD increments incorporated into its state implementation plan (SIP). See the national section NEW SOURCE REVIEW for more information on NSR and PSD, including requirements for permitting sources of greenhouse gas ...

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