Frequently Asked Questions
Air Compliance and Permitting Issues

Air program staff in the DNR's five regions handle compliance and permitting issues. Their daily work involves a lot of customer service, including responding to citizen complaints and answering questions. Here are some topics that DNR regional staff deal with frequently.

Burning

• Can I burn my old house/barn?

No, but your local Fire Department may be able to burn the structure during a fire training exercise. Air Management regulations regulate the burning of houses for several reasons. Homes typically contain materials which form hazardous air pollutants during combustion. The open burning of materials like carpeting, shingles, electrical wiring and appliances, plastic pipes, drywall and paint may cause localized odors and emit hazardous air pollutants. In addition, any asbestos-containing material would release asbestos fibers during this burn. Asbestos is a carcinogen and is regulated by the USEPA and the State of Wisconsin. All asbestos must be removed prior to any burning. Fire Departments may want to start a fire in an old house when they do annual or initial firefighter training. If your local Fire Department plans to burn your home, you will need to comply with federal asbestos NESHAP regulations contained in chapter NR 447, Wisconsin Administrative Code. The property must be inspected by a certified asbestos inspector, all asbestos material must be removed, and a notification form must be postmarked or hand-delivered to the Department at least 10 working days prior to the planned burn. If a demolition method other than burning is used, the asbestos NESHAP requirements must be met for all commercial and developmental projects. Single (one structure only), isolated (not part of a larger project) residential-type structures are exempt from these requirements, except when such structures are used for fire training burn practice. Fire departments may also need to submit any applicable fees. Call your local Air Management Engineer or Amy Walden at 608-266-3658. If this is a municipally or commercially owned structure, NESHAPs apply and inspections and notifications are required no matter what the demolition method. See also DNR asbestos information.

• Can my small business burn pallets and cardboard in our back parking lot?

No, small businesses are regulated under Waste Management and Air Management regulations. The Department has determined that all commercial and industrial sources must dispose of their waste materials consistently and that, due to air emissions and ash disposal concerns, solid waste may not be incinerated on a business' property unless the Department grants written approval. A wood burning facility license may be issued to sources burning clean wood if they meet all applicable regulations. Contact your local waste management specialist or air management engineer if you have further questions.

• My neighbor is burning garbage and plastics in his burn barrel or outdoor wood burner. Is he allowed to do this?

No. Air Management regulations prohibit the burning of wet rubbish and plastics, either in the open or in a burn barrel. When these materials are burned, hazardous air pollutants are formed and emitted. In an outdoor wood burner, we would expect even more hazardous air pollutants would be formed, due to the increased pressure, temperature and chemical reaction potentials. If you believe someone is burning improperly, be prepared to give detailed information on the time the burning occurs, what is being burned, the homeowner's name and address and what steps you have already taken to correct the problem. The Department would prefer that local municipalities (cities, villages and towns) pass and enforce local ordinances addressing the issue, rather than relying on the DNR to enforce compliance. If you would like assistance in drafting a local ordinance, please contact your local Air Management Engineer or the DNR Forestry Program.

• My neighbor is smoking fish/meat again and the smoke is coming into my house. Can that smoke hurt me or my family?

  Yes. People with respiratory problems like emphysema and asthma should avoid smoke filled areas. In addition, the smoke will contain carbon monoxide and hazardous air pollutants like formaldehyde. Your neighbor probably doesn't realize the smoke is going into your house. Ask them to delay burning until the wind is blowing in a different direction. Raising the stack above nearby homes and landscape features will allow better dispersion of the smoke and minimize your exposure. If the smoke is coming from a commercial operation, you can contact the local Air Management Engineer to make sure the company is meeting all applicable air management regulations.

Disposal

• I keep hearing things about Freon and CFCs. How can I get rid of my old appliances?

Currently, all appliance salvagers or demanufacturers who work with ozone depleting refrigerants (such as chlorofluorocarbons -- CFCs) must have a certificate from the air management program. This applies to salvaging of refrigerators, freezers, dehumidifiers, air conditioners and vehicles with air conditioners. You can ask the local solid waste firm if they are certified to transport appliances containing ozone depleting compounds and what they charge. Your local air management staff may also have a list of local firms that provide transportation and proper disposal.

Dust

• A highway crew is tearing up the road in front of my house and the dust is terrible. What can be done?

Generally, the quickest solution is to call the contractor or highway supervisor and let them know you are having a problem. Regulations in chapter NR 415.04, Wisconsin Administration Code require the contractor take precautions to prevent particulate matter (dust) from becoming airborne. Quick and simple precautions include watering the road to reduce dust or reducing the speed limit on the road. If the road construction supervisor is not cooperating, your local Air Management Engineer may be able to call them and explain the regulations.

• Sandblasting at the local body shop is causing dust problems.

Regulations in chapter NR 415.04, Wisconsin Administration Code, require that facilities take precautions to prevent particulate matter (dust) from becoming airborne. Sandblasting should be performed in an enclosed area and the waste must be containerized. The waste grit is considered a solid waste and may be considered a hazardous waste depending on the concentration of lead, cadmium and/or chromium. The waste generator should call the local DNR hazardous waste specialist if they have any questions on waste characterizations or disposal.

• The local wastewater lagoons stink. Why can't the DNR do something to stop that?

It depends on the type of odors and duration of odors. If the plant always produces an odor due to insufficient oxygen, the plant design may need to be altered to correct the problem. If the operation smells one day a month on a sticky overcast day, it may not be reasonable to require any modifications. If you call the local Air Management Engineer or Wastewater Engineer, be prepared to let them know when the smell occurs (dates and times really help), how often you are monitoring the situation (daily, every work day or weekend only), which way the wind is blowing and the approximate wind speed when you notice the problem and what, if any, operations are occurring (spraying fields, emptying effluent portable tankers, etc.). Facilities are required to take preventive measures to minimize odors and the DNR does work with facilities to improve local problems.

• The neighboring farm really causes some odor when they spread manure. Please make them stop.

Farmers are required to use best management practices to minimize odors from their animal waste operations. Generally, your local farmer only generates occasional and episodic odors from these operations. If you are having a big party and don't want any odors, try inviting the neighbors and asking them to wait to spread until after the party! If the manure is being spread too thick and it is running off the field, try calling your county agricultural agent and ask him to check out the operation.

• My neighbor has a big pile of garbage/animal waste behind his house and it smells. Can the DNR make him clean it up?

Although Department staff may be able to discuss the situation with your neighbor, your local public health office may be able to require a clean up because of potential vermin and rat problems. In addition, some local ordinances have regulations that prohibit this type of storage.

• The factory down the street from me operates 24 hours a day and the paint fumes are terrible. Can the DNR do anything?

Yes, we can examine the facility to ensure that the exhaust stacks are above the local roof lines to increase dispersion of the odors. We can determine if any of the paints used contain hazardous air pollutants and if the concentrations are above the permissible level at the fence line of the property. Any painting operation that emits more than 6,000 pounds of VOCs per year is required to report air emissions on an annual basis, and sources that emit more than 1,666 pounds of VOCs per month are required to apply for air pollution permits. Your local Air Management Engineer has probably been working with this facility. In addition, you can work with your local zoning office to increase separations between residential and industrial sources and prevent future land use conflicts.

Permits and Stack Tests

• What is a permit?

Permits are legal documents that itemize operation and federal and state record keeping requirements for larger air pollution sources. This document includes all the air regulations that a specific source is expected to comply with. Prior to issuing a permit to new sources or currently operating sources, Department of Natural Resources staff write a "Preliminary Determination" document that allows us to make an internal decision on whether to allow this type of operation to start or continue to operate. Staff usually perform source-specific modeling of the pollutants listed in the permit application before issuing a permit for a source. All these documents are public and can be viewed at the local Air Management office. Copies are also available for a small photocopying fee. The public has the right to comment on the permits prior to issuance. A public notice is printed in the local newspaper in the area where the facility is located, which starts a 30-day public comment period. Operation permits are scheduled to be renewed every five years.

• What is a stack test?

Most air pollution emissions from an industry exit the facility through a stack (also known as a smokestack). Scientific tests can sample a portion of the exhaust gas and determine concentrations of the pollutants emitted. When the DNR is unsure of the concentration of pollutants in the exhaust gas or when a facility needs to demonstrate it is complying with specific emission limitations, the Department can require a facility to sample its exhaust gas by using a stack test. The facility must hire a private firm which will propose a test plan to the Department and schedule the test. During the test, a Department representative may witness the procedure. A formal report documenting all testing data and results must be submitted to the Department within 60 days after completion of the test. The results of this stack test plus operation schedules allow the facility and the Department to calculate air pollutant emissions on an annual and hourly basis.

• Why do some facilities have permits and others don't?

Facilities that emit greater quantities of criteria pollutants and hazardous air pollutants are regulated in a more formal manner than facilities that emit smaller quantities of air pollutants. All facilities are subject to Air Management regulations; however, we have focused our attention on the largest emitters. Currently, all existing sources that may emit more than 10 tons of any criteria air pollutant per year must meet operation permit requirements. New sources that may emit more than 25 tons per year of particulate matter, nitrogen oxides or volatile organic compounds (VOCs), or 40 tons per year of sulfur dioxide or carbon monoxide or various levels of hazardous air pollutants, are required to apply for a construction permit prior to commencing construction. If you have any questions about whether your company is required to have an air permit, contact your local Air Management Engineer or the Small Business Clean Air Assistance Program at 608.264.6153.

Public Information || Air Management