On August 15, 2006 the DNR signed and issued new registration permits for air emissions. Registration permits are air pollution permits with a streamlined application process and more flexible permit terms that are available to small emitters who pledge to keep their emissions low. The DNR developed these permits in order to satisfy the requirements of the Jobs Creation Act, enacted on January 22, 2004. See Wis. Stats. s. 285.60(2g).Potential Benefits of the New PermitThe new registrations permits might be attractive to small emitters for several reasons:
Restrictive Emissions LimitsIn order to be eligible for the new registration permit, a facility’s actual emissions must be less than 25% of the major source thresholds. Facilities must continue to operate within these limits in order to comply with the permit terms. There are several other noteworthy requirements of the registration permit:
Potentially Attractive for Certain FacilitiesSince eligibility for the new registration permit is based on actual emissions, the facilities who will likely benefit the most from this new program are those with high maximum theoretical emissions (MTE) or potential emissions, but whose actual emissions are low. This could include sources whose current air emissions are well controlled, or sources with low hours of actual operation.If you have any questions or would like additional information, please contact Art Harrington (414-287-9414 or aharrington@gklaw.com), Kevin Boyle (414-287-9428 or kboyle@gklaw.com ), or any other member of Godfrey & Kahn’s Environmental and Land Use Team.
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