Wisconsin's air quality has improved. The DNR manages air permits to help keep it that way.
Wisconsin's air quality has generally improved over the years. To help keep it that way, Wisconsin's Department of Natural Resources issues and enforces air permits for industrial facilities and businesses.
These permits protect public health and the environment "by requiring that owners or operators comply with all applicable state and federal air regulations," the DNR says on its website.
When a facility violates its permit, the DNR considers a list of options to address the issue. In some cases, the DNR may refer the violations to the Wisconsin Department of Justice.
Over the last five years, at least six businesses agreed to pay a total of nearly $400,000 in penalties as a result of these referrals. The facilities span Manitowoc, Oneida, Outagamie, Ozaukee, Shawano and Wood counties, and the alleged violations date back to 2016.
Why does Wisconsin issue and enforce air permits?
Congress established the Clean Air Act in 1970, and has revised it since then, to protect public health and welfare from different types of air pollution caused by an array of sources, according to the U.S. Environmental Protection Agency.
The Act creates federal standards which the state manages by, for example, issuing and enforcing air permits and developing a state implementation plan to meet the standards.
According to the Wisconsin DNR's website, "owners or operators of industrial sources that emit pollutants to the atmosphere need to get an air permit" and "comply with all applicable state and federal air regulations." Permits are based on a variety of factors, such as what a facility produces and its surrounding geography, among others.
“Enforcing our air pollution laws isn’t only important for the environment. It also helps protect Wisconsinites’ health and wellbeing," Wisconsin Attorney General Josh Kaul said in a 2022 news release.
For instance, emitted particulate matter may be made up of microscopic solids or liquid droplets which can cause serious heart and lung problems when inhaled, especially among children and the elderly, as well as haze and damage to soil and water, the release states.
You can search for a facility's air permit and learn more about the permitting process, including how the public can get involved, at dnr.wisconsin.gov/topic/AirPermits.
How does the DNR enforce air permits?
When a facility does not comply with a permit, the DNR follows a process called "stepped enforcement," which "is a series of actions designed to resolve violations at the lowest level appropriate for the circumstances," according to Craig Czarnecki, DNR spokesperson.
Those steps include:
Inspection and/or compliance contact
Letter of inquiry
Notice or letter of noncompliance
Notice of violation
Enforcement conference
Administrative/consent order
Referral to Wisconsin DOJ — most typical — or the U.S. DOJ, U.S. EPA or the district attorney for the respective county
Prosecution/citation
"While most cases will follow the typical progression of Stepped Enforcement actions, the Department may tailor its response to fit the circumstances of each situation," Czarnecki said, "and there are times when it is appropriate to proceed directly to prosecution," such as when "violations cause or pose significant harm to health or the environment or involve potential criminal violations."
More: After reports of foul smells, breathing issues, area factories settle for $1.6 million.
Where does the money from penalties go?
Penalty distribution is outlined in a state statute, Czarnecki said. Most of it goes to the school fund, and smaller portions cover court costs, support services and other items.
Is there a situation where the DNR would notify a community about a nearby air permit violation?
Information on alleged violations at specific facilities is not publicly available until cases are resolved, Czarnecki said.
The DNR maintains a statewide ambient air monitoring network that provides real-time data on air pollution concentrations, and DNR meteorologists issue air quality advisories when air quality in certain areas may become unhealthy, according to Czarnecki.
Generally, how is the air quality in Wisconsin?
Overall — outside of the recent smoke from Canadian wildfires — Wisconsin's air quality continues to improve, according to the DNR.
"All of Wisconsin meets federal standards for every criteria pollutant except ozone, where three nonattainment areas remain along the Lake Michigan shoreline," the 2022 Wisconsin Air Quality Trends Report states.
The state has dozens of ozone and fine particle monitoring sites to measure ambient air quality across Wisconsin, and the network measures sulfur dioxide, nitrogen dioxide, carbon monoxide and inhalable particles.
"It's important to continue to monitor areas because even if counties become in attainment and meet the standards, it doesn't mean that they will forever remain so," said Ciaran Gallagher, energy and air manager with Clean Wisconsin, an environmental organization.
The monitoring system can also help people understand what they're breathing where they live, Gallagher said.
An interactive state map is available at airquality.wi.gov/home/map.
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Reach Becky Jacobs at bjacobs@gannett.com or 920-993-7117. Follow her on Twitter at @ruthyjacobs.
This article originally appeared on Appleton Post-Crescent: Wisconsin DNR issues air permits for industrial emissions
