Small Business Clean Air Assistance Program

Environmental Information Summary for Business

To achieve a balance between economic development and environmental protection, state and federal regulations have been established for new and existing Wisconsin businesses. This summary highlights some of the existing regulations enforced by the Wisconsin Department of Natural Resources (DNR) and the U.S. Environmental Protection Agency (EPA). Because the regulations are complex and can carry substantial fines if violated, companies are advised to consult with the DNR or outside experts to ensure that they are in compliance.

DNR Permit Information

The DNR has an on-line "Permit Primer" that contains information about necessary environmental permits. Visit the Permit Primer web site and follow the questionnaire for assistance.

COMMERCE Division of Business Development

State agencies issue hundreds of different permits and licenses to businesses and individuals throughout Wisconsin. The Business Development Division in the Department of Commerce (COMMERCE) has staff that can help expedite the often-complex permitting process. New, expanding, or existing businesses can quickly get the permitting information they need. The Division does not issue any permits, but staff can answer an array of regulatory questions. Division staff also strive to quickly resolve delays, miscommunication, and other permitting problems facing a business.

Information on state permits and licenses can be obtained by calling toll free 1-800-HELP-BUS (435-7287) or by visiting the Wisconsin Business Wizard.

Department of Natural Resources

  Division of Air and Waste—Bureau of Air Management

Air Quality

DNR and EPA regulate the type and amount of pollution released from businesses. This is done to protect human health and the state's natural resources. The southeastern corner of Wisconsin does not meet air quality standards set by EPA. Facilities wishing to move to Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha counties may be subject to additional requirements because these areas have been designated as nonattainment air quality areas by the federal government. Small businesses needing assistance can call the Department of Commerce Small Business Clean Air Assistance Program (SBCAAP) at 608/264-6153 or 608/267-9214.

Air Pollution Construction Permit

Businesses that will emit air pollution and wish to start-up or expand in Wisconsin will need to prepare an application for an air pollution construction permit. Examples of air pollution include emissions from equipment powered by coal, wood and other fuels, or facilities that use inks, coatings and solvents. Permits are also required if the facility will have a parking lot for more than 1,000 cars or will add more than 500 spaces to an existing lot. An air pollution construction permit is required prior to beginning construction.

The application fee for an air pollution construction permit is $1,350 and is to be submitted with the application. If no permit is required after review of the application, the fee is returned. If a permit is required, the application fee is applied to the final permit review bill.

Businesses requiring permits should allow sufficient time to work through the permit application process with the DNR.

After the application is complete, the permit approval takes approximately 120 days for minor sources and 210 days for major sources, provided that a public hearing is not required. For further information on the construction permit process, contact the DNR Construction Permits Team Leader at 608/267-0566 or SBCAAP at 608/264-6153.

Air Pollution Operation Permit

An air pollution operation permit is a legal document containing information on the air emissions of your business and how those emissions are monitored and controlled. An operation permit stays in effect for up to five years before it must be renewed. If you are purchasing a facility that already has an operation permit and you are not making any modifications to the operations, you should contact DNR to revise the existing permit in your name. There is no fee for an operation permit. For further information, telephone the Operation Permits Team Leader at 608/267-0562 or contact the SBCAAP at 608/264-6153.

Permits for Small Businesses

Businesses with low actual emissions can now apply for Registration Operation Permits if they meet the eligibility criteria. Review the eligibility criteria on the web site. If a company is eligible, the simple application form is completed online. Once DNR receives a signed copy of the application, the permit is issued within 15 days. The fee for a Registration Permit is $1,100, to be paid the year following permit issuance in place of the company’s annual emissions inventory fee. For further information, contact Kristin Hart at 608/273-5605.

Air Emissions Inventory

DNR maintains an annual Air Emission Inventory, which companies are required to update by reporting their actual emissions to the DNR each year. Facilities emitting certain levels of any of the 550 chemicals listed by DNR are required to file a report.

If your actual Volatile Organic Compound (VOC) emissions are over 3 tons per year or over 5 tons per year of other criteria pollutants, you need to be included in this inventory. Companies not exempt from the operation permit requirements are assessed a $35.71 per ton fee for the emissions they report each year, unless total annual emissions of all contaminants are less than 5 tons per year. For further information, telephone the Emissions Inventory Team Leader at 608/267-7546.

Compliance with Air Pollution Regulations

Standards for reducing air pollution from specific industrial activities are enforced by both federal and state governments. Federal standards affect small business activities, such as chromium electroplating, solvent cleaning, dry cleaning, wood furniture manufacturing, and aerospace manufacturing and rework industries. State regulations affect these and other activities, such as metal coating and salvaging refrigeration and air conditioning equipment. Businesses located in or bordering on the ozone nonattainment area may face additional regulations. Affected industries in those areas include motor vehicle refinishing, lithographic printing, solvent cleaning, wood furniture coating, gasoline dispensing and the use of industrial adhesives. For further information, telephone the Compliance Team Leader at 608/266-9767 or visit DNR's Air Quality Compliance Assistance web site or SBCAAP's Compliance Resources web page.

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  Division of Air and Waste—Bureau of Waste & Materials Management

Solid Waste

Plan approvals and licenses are required for any company that processes, transports or disposes of solid waste. Solid waste is defined as garbage, refuse, salvageable material or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility. Information about forms and fees is contained in chapter NR 520 of the Wisconsin Administrative Code. There are also regulations pertaining to recycling facilities in this chapter. Because this code is complex, companies are urged to contact a DNR representative for assistance. The permit-approval process typically takes 90 days. For further information, telephone 608/267-9386.

Hazardous Waste

Hazardous waste is any waste (material that can no longer be used for its intended purpose) that would be considered hazardous (either specifically listed by US EPA as hazardous or having a characteristic of being ignitable, corrosive, reactive or toxic; can include acids, bases, leftover thinners, paints, inks or solvents, etc.). The regulations vary depending on the amount of waste you generate. Generators of waste are categorized as follows:

• Very Small Quantity Generators (VSQG) generate less than 100 kg or 220 lbs per calendar month, and do not accumulate more than 1,000 kg or 2,205 lbs at any time.
• Small Quantity Generators (SQG) generate more than 100 kg or 220 lbs and less than 1,000 kg or 2,205 lbs per calendar month, and accumulate less than 6,000 kg or 13,320 lbs at any time.
• Large Quantity Generators (LQG) generate at least 1,000 kg or 2,205 lbs in any calendar month, and do not accumulate for more than 90 days.

SQGs and LQGs must:

• Obtain an Environmental Protection Agency (EPA) identification number and store the waste in accordance with regulations for the proper management of containers.
• Meet the specific accumulation time and quantities for on-site storage.
• Package, mark, and label wastes in accordance with the US Department of Transportation's hazardous materials transportation requirements.
• Use a DNR licensed hazardous waste transporter and hazardous waste manifests.
• Properly recycle, treat, store or dispose of waste at a hazardous waste facility approved to accept the waste.
• Establish emergency procedures for responding to environmental emergencies such as leaks, spills, and fires involving hazardous waste.
• Meet record keeping and reporting requirements.
• Submit an annual report on your waste management activities to the DNR.

VSQGs are exempt from many regulations, but must:

• not generate or store more than the prescribed quantities of hazardous waste;
• store and label waste in accordance with regulations for the proper management of containers; and
• assure that hazardous waste is delivered to a licensed treatment, storage, disposal or recycling facility.

SQGs, LQGs and Treatment, Storage and Disposal (TSD) facilities must use manifests for hazardous waste shipments. The manifest must identify the quantity, composition, generator, transporter, and destination of all hazardous wastes.

TSDs must have a Wisconsin Hazardous Waste License. A professional engineer registered in Wisconsin must prepare plans for hazardous waste TSD facilities. Plan review and license fees range from $400 to $100,000. A complete listing of the fees can be found in Appendix II of ch. NR 670 of the Wisconsin Administrative Code. It typically takes two weeks to receive a license to transport hazardous waste. The approval process for a storage, treatment or disposal facility can take two to three years due to siting issues, technical review, and public participation. For further information, telephone 608/266-2111.

There are several other regulations that pertain to hazardous substances. Among these are emergency planning, emergency notification and Community Right to Know. These regulations are known as SARA Title III regulations and can be found in ss. 166.20 and 144.76, Wis. Stats. They require businesses that use, store, produce or transport any of 356 extremely hazardous substances above the reportable thresholds to submit an emergency planning notification to Wisconsin Emergency Management (WEM). Spills of hazardous materials exceeding reportable quantities must be reported to WEM and the National Response Center immediately. Businesses may also be required to submit copies of Material Safety Data Sheets to WEM and the local fire department, along with a listing of chemicals stored on site during the year.

Under federal and state laws, all generators of hazardous waste have to comply with some regulations. The regulations covering hazardous waste are very specific and have detailed requirements. For more information, refer to chs. NR 600-685, Wis. Adm. Code.

PCB Management

Companies that transport, store or dispose of polychlorinatedbiphenols (PCBs) must be approved by the DNR. In addition, the EPA has its own regulations affecting pole mounted electrical distribution transformers and requirements for cleaning up PCB spills. The approval process for a PCB transporter license takes approximately two weeks. Approval for a PCB storage and processing facility will take several months. For more information, telephone 608/266-2111.

Waste Oil Recycling

Companies that sell automotive oil, including service stations, must maintain a waste oil collection facility or post a sign directing customers to the nearest waste oil collection facility. Companies that transport non-hazardous waste engine oil must obtain a solid waste transportation license. The annual fee for the license is $80 for the first truck and $20 for each additional truck. For more information, telephone 608/266-2111.

Recycling Program

In 1990, Wisconsin passed a comprehensive waste reduction and recycling law that affects every resident, business, institution and governmental unit. Wisconsin businesses are under an obligation to recycle certain items that are banned from land filling and incineration. Businesses must also include space for the collection and storage of recyclables in any new, renovated or expanded facility.

The following materials must be recycled in Wisconsin wherever they are generated:

• newspaper or other materials printed on similar paper
• office paper, magazines or other materials printed on similar paper
• corrugated cardboard or other container board
• containers made of steel, aluminum, bi-metal, glass and plastic-polystyrene foam packaging
• waste tires
• used motor oil
• major appliances
• lead-acid batteries
• yard waste

DNR issued a variance in 1996 that allows the disposal of plastic containers labeled #3 to #7 and polystyrene foam packaging. In certain circumstances, the combustible materials may be burned in a licensed incinerator for energy recovery.

Local units of government are required to pass and enforce a mandatory recycling ordinance for their jurisdiction as part of developing an effective recycling program. The ordinances affect businesses as well as residences. It is essential that business owners inform themselves about the specific requirements of the local recycling ordinance.

There are additional impacts of the recycling law on certain businesses. If you have questions about recycling law or would like assistance in developing a business recycling program, please contact the recycling program coordinator, Cynthia Moore, at 608/267-7550. Information on grants that may be available for recycling programs is available at the Waste Reduction & Recycling Demonstration Grants web site. If you are looking for a company that will accept certain materials for recycling, check the Recycling Markets Directory.

Metallic and Mineral Mining

DNR requires various permits and licenses for metallic mining and exploration. Along with the mining rules in ch. NR 130-133, a mine would be required to go through the permit processes similar to those for industrial or municipal facilities. Permit and license fees range from $300 to $10,000. The approval process can take three to five years. For more information, you can contact either 608/267-3538 or the Mining Team Leader at 608/267-7553.

Oil and Gas Exploration

DNR requires licenses for companies involved in oil and gas exploration. The fee is $300, and a $50,000 bond is required. There is a drillhole fee of $200 each for the first 20 drill holes, and $100 for each drillhole thereafter. The approval process takes 10 business days. For more information, telephone the Mining Team Leader at 608/267-7553.

  Division of Water—Bureau of Drinking Water and Groundwater

Private Water Supply

Potable wells must be installed by state licensed well drillers. Special DNR approval is required for wells that have a pumping capacity of 70 gallons per minute or more, and for the treatment of contaminated water supplies not covered by Department of Commerce approved treatment devices. No fees are charged for the plan reviews, which typically take between 15 and 20 business days. For more information, telephone 608/267-7649.

  Division of Water—Bureau of Watershed Management

Industrial Wastewater Management

Wisconsin Pollution Discharge Elimination System (WPDES) permits are required for companies that discharge wastewater into surface or groundwater, including storm sewers not connected to a municipal sanitary sewer. Applications must be submitted at least 180 days before the discharge begins. It may take the DNR six to nine months to prepare a finished permit. Permit terms and conditions are developed in conformance with requirements contained in NR 200-297, Wisconsin Administrative Code. If a discharge is simple, the facility may qualify for a general permit, which normally takes one to two months.

All WPDES permit holders pay a fee under the NR 101 Wastewater Fee Program. This fee is based on either a base fee or on the pollutants in the wastewater discharged by the permit holder. Invoices, which are sent out in June, document how the fee was calculated for the facility.

In addition, plans for construction of a wastewater treatment system must be filed with the DNR for approval before construction of that treatment system begins if the project involves:

• a new industrial wastewater treatment facility
• a modification of an existing plant
• a replacement of major equipment
• an installation of monitoring equipment

The plan approval process typically takes 90 business days, but can be extended an additional six months by agreement with the applicant. For more information, telephone 608/266-0156.

Discharges to a local municipal treatment plant are negotiated with the local municipal treatment plant authority. Larger municipalities are required to implement controls for certain industrial categories. Industrial operations in smaller municipalities may receive state-issued permits for industrial wastes discharged into publicly owned treatment works (POTWs). Companies should consult chs. NR 211 and NR 220-297 of the Wisconsin Administrative Code for detailed information regarding requirements for discharges into sanitary sewer systems. If a company is in a listed industrial category, it must submit a baseline monitoring report 90 days before discharging non-hazardous wastes and 180 days before discharging hazardous wastes. No state fees are charged, but there may be some fees assessed by the local treatment plant. For more information, telephone 608/266-0156.

Runoff Management

There are three general permits for storm water discharge from industrial activities and one general permit for discharge from construction sites. The storm water permits for industrial facilities are divided up into three tiered permits and one industry specific permit (for recycling of scrap and waste materials).

The permits are based on the amount of materials that storm water can contact.

• Tier 1 is for heavy industry, with significant quantities of materials and equipment stored outside (e.g., structural metal fabrication, lumber and wood products, recycling metal scrap).
• Tier 2 is for light industry, with minimal quantities of materials outside (e.g., railroads, airports, landfills, asphalt plants, and mining).
• No Exposure is for those who have certified to the DNR that they have no discharge of contaminated storm water.

Tier 1 and 2 permits require annual fees of $260 and $130 respectively, while there is no fee for No Exposure Certification. DNR’s Industrial Storm Water Management web site contains more information.

Construction site Storm Water permits are issued by DNR for non-commercial sites that will have more than one acre disturbed. The Department of Commerce, Safety and Buildings Division regulates those construction sites for commercial development (see Erosion Control below). There is a one time $200 application fee for the DNR construction storm water permits. DNR has information available at its Construction Storm Water Permit web site. For more information, contact a storm water engineer at 608/261-6420.

Wetlands and Navigable Waterway Permits

Companies locating near water or wetlands may require a permit under Section 404 of the federal Clean Water Act, which is issued by the US Army Corps of Engineers. Firms should contact the local county, city or village zoning administrator if the project is located in an identified floodplain, flood hazard area, wetland,within 1,000 feet of a lake or flowage, or within 300 feet of a stream. Permit fees range from $15 to $75, depending on the project's cost. Approval typically takes 65 business days, or 130 business days if a public hearing is required. For more information, visit DNR’s online list of Water Management Specialists or call the Bureau of Watershed Management office at 608/266-2220.

  Division of Environmental and Regulatory Services—Bureau of Petroleum Environmental Cleanup Fund Administration

The Petroleum Environmental Cleanup Fund Act (PECFA) was created to help businesses cover petroleum-related cleanup costs, including those involving underground storage tanks. Funding for the program comes from a portion of a two-cents-per-gallon petroleum inspection fee.

PECFA is a reimbursement fund. In most cases, monetary awards are not made until after the responsible party (owner, operator, home oil tank owner, etc.) completes a DNR-approved cleanup. PECFA is administered by the Department of Commerce. For more information, visit the PECFA web site or telephone 608/267-3753.

  Division of Safety and Buildings—Soil Erosion & Sediment Control Program

Construction sites being developed (grading, clearing, etc.) for commercial property that will disturb more than one acre require a Notice of Intent filed with the Department of Commerce. For more information on forms, fees and due dates, contact the Soil Erosion Control Program Manager at 608/785-9349.

The Occupational Safety and Health Administration (OSHA) is responsible for regulating work place safety in Wisconsin. For contacts in Wisconsin, refer to OSHA’s web site showing Wisconsin Area Offices.

For free non-regulatory assistance by OSHA trained experts, consult the Wisconsin Occupational Safety and Health Consultation Program section below.

Department of Commerce

Small Business Clean Air Assistance Program

The Small Business Clean Air Assistance Program (SBCAAP) helps small business understand and comply with state and federal air pollution regulations. SBCAAP serves as a free, confidential, and non-regulatory resource to small business owners around the state. Through the program, Clean Air Specialists work as a liaison between small businesses and state (Wisconsin Department of Natural Resources or DNR) and federal (Environmental Protection Agency or EPA) regulators. The staff creates "plain language" publications, answers compliance questions, conducts on-site consultations, responds to written and verbal regulatory inquiries, coordinates environmental compliance workshops and directs businesses to other pertinent technical assistance providers. Contact one of the program's Clean Air Specialists at 608/267-9214 or 608/264-6153.

Brownfields Initiative

Wisconsin's Brownfields Initiative is a multi-agency program targeted at the remediation and redevelopment of contaminated properties throughout Wisconsin. This program can provide grants and technical assistance to communities or businesses interested in revitalizing brownfield properties.

For more information, call 608/261-7714 if you have any questions about the Brownfields Grant Program or Wisconsin's Brownfields Initiative.

Department of Natural Resources

Bureau of Air Management

Check the bottom of this page for a map of the Bureau of Air Management regions and a listing of all the regional offices.

Bureau of Cooperative Environmental Assistance

The Bureau of Cooperative Environmental Assistance provides guidance and information to businesses affected by environmental regulations. It can provide pollution prevention, regulatory assistance and industry recognition to Wisconsin business. Each business sector specialist works with a particular industry to learn about that sector’s needs and to provide timely assistance. DNR has online resources providing information about Business Sectors with Sector Specialists and how to contact the Business Sector Specialists.

State Laboratory of Hygiene

Wisconsin Occupational Safety and Health Consultation Program

The Wisconsin Occupational Safety and Health Consultation Program (formerly called the WiSCon Safety Consultation program) provides no-cost, confidential safety consultations for Wisconsin businesses. The safety consultants will not issue citations or report possible violations to OSHA. Contact a program representative through the web site or at 800/947-0553.

University of Wisconsin

UW Extension Solid and Hazardous Waste Education Center

The mission of the Solid & Hazardous Waste Education Center (SHWEC) is to enhance Wisconsin's environment and economy by providing quality education, information and technical assistance to promote the sustainable use of natural resources. SHWEC programs include:

• Industrial pollution prevention
• Environmental management planning
• Solid waste source reduction
• Community environmental protection
• Sustainable design
• Energy conservation
• Renewable energy

SHWEC serves and partners with industry, community, government and educational and research institutions engaged in overcoming the environmental and energy challenges of the 21st Century. Visit the SHWEC web site or call 608/265-2360 or 715/346-2793 for more information.

  DNR Air Program Regional Offices

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Send an email to COMCleanAir@Wisconsin.gov with questions or comments about the SBCAAP web pages.