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Wisconsin Fees for Review of Applications to Construct or Modify Sources of Air Pollution

Most Recent Action


The final rulemaking order was filed on November 1, 2010.




The DNR Bureau of Air Management proposes to increase the fees for reviewing applications to construct or modify sources of air pollution, and to change its present policy of not collecting fees for significant review work performed when an application is withdrawn.


Inflation and the increasing complexity of permit review work has increased costs for the new source review program. In many cases, applications are either withdrawn or the department is asked to stop working on them prior to final decision and permit issuance. Because the DNR is required to act timely on each application, these practices often result in unnecessary application processing and review.


Beginning in FY 2005 the fees collected have not been adequate to fully support the work to review applications submitted. The shortfall has been covered by reducing costs and spending revenue surplus from earlier years. The surplus has been shrinking and will be gone by the end of FY 2010.




Section 110(a)(2)(K) of the Federal Clean Air Act requires states to incorporate a permit fee system in their state implementation plans (SIP) to recover the reasonable cost of reviewing and acting on permit applications and enforcing the conditions of the permits.


Section 285.69(1)(a), Wis. Stats. gives the DNR the authority to promulgate rules for the payment and collection of reasonable fees for reviewing and acting upon construction permits.




Fee increases are based on several factors. First is a baseline increase of 30% across the board to account for inflation since the last fee increase in 1999. Additional increases reflect changes in program complexity and the amount of staff time spent on a particular permit review.

Fee Description
Last Raised
Initial Application Fee
Major modification
Modeling analysis (detailed for a major source)
MACT, BACT, LAER (case-by-case analysis)
Public Hearing


Related Documents


Scope Statement


Rules for Hearing, Fiscal Estimate, and Background Memo


Clearinghouse Review of Rule


Rules Approved for Hearing


This rule was adopted at the August 10-11, 2010 Natural Resources Board meeting.


Final Rulemaking Order