227,459 Section 459. 144.32 of the statutes is renumbered 285.71 and amended to read:
285.71 Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control if first submitted to and approved by the department. The department shall approve any such application if it is consistent with the purposes of ss. 144.30 to 144.426 this chapter and any other applicable requirements of law.
227,460 Section 460. 144.33 of the statutes is renumbered 285.70 and amended to read:
285.70 Confidentiality of records. (1) Except as provided in sub. (2), the department shall make any record, report or other information obtained in the administration of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 available to the public.
(2) The department shall keep confidential any part of a record, report or other information obtained in the administration of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15, other than emission data or an air pollution control permit, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
(3) Subsection (2) does not prevent the disclosure of any information to a representative of the department for the purpose of administering ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 or to an officer, employe or authorized representative of the federal government for the purpose of administering the federal clean air act. When the department provides information that is confidential under sub. (2) to the federal government, the department shall also provide a copy of the application for confidential status.
227,461 Section 461. 144.34 of the statutes is renumbered 285.19 and amended to read:
285.19 Inspections. Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated or permits issued under those sections this chapter or s. 299.15. No person may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.
227,462 Section 462. 144.36 of the statutes is renumbered 285.79, and 285.79 (3) (c) and (f) and (4), as renumbered, are amended to read:
285.79 (3) (c) A compliance assistance program that assists small business stationary sources in determining applicable requirements under ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and in receiving air pollution control permits in a timely and efficient manner.
(f) Procedures for consideration of a request from a small business stationary source for alteration of any required work practice or technological method of compliance with ss. 144.30 to 144.426 this chapter or of the schedule of measures that must be taken to implement a required work practice or method of compliance before an applicable compliance date, based on the technological and financial capability of the small business stationary source.
(4) Granting alterations. The department may not grant an alteration under sub. (3) (f) unless the alteration complies with the requirements of the federal clean air act and any applicable plan under s. 144.31 (1) (f) 285.11 (6). If those applicable requirements are set forth in federal regulations, the department may only grant alterations authorized in those regulations.
227,463 Section 463. 144.371 of the statutes is renumbered 285.23.
227,464 Section 464. 144.3712 of the statutes, as affected by 1995 Wisconsin Act 52, is renumbered 285.33, and 285.33 (1) (b) and (4) (a) 3., as renumbered, are amended to read:
285.33 (1) (b) The department may, by rule, determine areas of the state, other than areas described under par. (a), in which the department will require employe trip reduction programs. The department may not require an employe trip reduction program in an area unless that requirement is authorized under s. 144.31 (1) (f) 285.11 (6).
(4) (a) 3. A reduction of emissions of volatile organic compounds, achieved after August 31, 1995, in the areas described under sub. (1) (a) or (b) that is equal to or greater than the reduction of the emissions of volatile organic compounds that would be achieved under a compliance plan under sub. (3) (a), if the emissions reduction is included in an operation permit under s. 144.391 285.60 or another document that is enforceable by the federal government.
227,465 Section 465. 144.3714 of the statutes is renumbered 285.35, and 285.35 (2) (b), as renumbered, is amended to read:
285.35 (2) (b) The department may, by rule, determine areas of the state, other than areas described under par. (a), in which the department will require clean-fuel vehicle programs. The department may not require a clean-fuel vehicle program in an area unless that requirement is authorized under s. 144.31 (1) (f) 285.11 (6).
227,466 Section 466. 144.3716 (title), (1) and (2) (title) and (a) of the statutes are renumbered 285.37 (title), (1) and (2) (title) and (a).
227,467 Section 467. 144.3716 (2) (am), (b) and (c) of the statutes are renumbered 285.37 (2) (b), (c) and (d) and amended to read:
285.37 (2) (b) The department shall issue documents that describe areas of the state, other than areas described under par. (a) or (b) (c), in which the use of reformulated gasoline is required, if the governor designates the areas in an application under 42 USC 7545 (k) (6) that is approved by the administrator of the federal environmental protection agency.
(c) The department may, by rule, determine areas of the state, other than areas described under par. (a) or (am) (b), in which the department will require the use of reformulated gasoline. The department may not require the use of reformulated gasoline in an area unless that requirement is authorized under s. 144.31 (1) (f) 285.11 (6).
(d) Notwithstanding ss. 227.01 (13) and 227.10 (1), a document issued under par. (a) or (am) (b) is not a rule. A document issued under par. (a) may be reviewed under ss. 227.42 and 227.52.
227,468 Section 468. 144.3716 (3) of the statutes is renumbered 285.37 (3), and 285.37 (3) (a), as renumbered, is amended to read:
285.37 (3) (a) Except as provided in par. (b), beginning on January 1, 1995, no person may sell gasoline in an area described under sub. (2) (a), (am) or (b) or (c) unless the gasoline satisfies the minimum specifications for reformulated gasoline under s. 168.04.
227,469 Section 469. 144.372 of the statutes is renumbered 285.29.
227,470 Section 470. 144.373 of the statutes is renumbered 285.25.
227,471 Section 471. 144.374 of the statutes is renumbered 285.62 (11).
227,472 Section 472. 144.375 (title) of the statutes is repealed.
227,473 Section 473. 144.375 (1), (2) and (3) of the statutes are renumbered 285.21 (1), (2) and (3), and 285.21 (1) (a) and (2), as renumbered, are amended to read:
285.21 (1) (a) Similar to federal standard. If an ambient air quality standard is promulgated under section 109 of the federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive than the federal standard except as provided under sub. (6) (4).
(2) Ambient air increment. The department shall promulgate by rule ambient air increments for various air contaminants in attainment areas. The ambient air increments shall be consistent with and not more restrictive, either in terms of the concentration or the contaminants to which they apply, than ambient air increments under the federal clean air act except as provided under sub. (6) (4).
227,474 Section 474. 144.375 (4), (5) and (5m) of the statutes are renumbered 285.27 (1), (2) and (3), and 285.27 (1) (a) and (c) and (2) (a) and (c), as renumbered, are amended to read:
285.27 (1) (a) Similar to federal standard. If a standard of performance for new stationary sources is promulgated under section 111 of the federal clean air act, the department shall promulgate by rule a similar emission standard but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under sub. (6) (4).
(c) Restrictive standard. The department may impose a more restrictive emission standard of performance for a new stationary source than the standard promulgated under par. (a) or (b) on a case-by-case basis if a more restrictive emission standard is needed to meet the applicable lowest achievable emission rate under s. 144.393 285.63 (2) (b) or to install the best available control technology under s. 144.393 285.63 (3) (a).
(2) (a) Similar to federal standard. If an emission standard for a hazardous air contaminant is promulgated under section 112 of the federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under sub. (6) (4).
(c) Restrictive standard. The department may impose a more restrictive emission standard for a hazardous air contaminant than the standard promulgated under par. (a) or (b) on a case-by-case basis if a more restrictive standard is needed to meet the applicable lowest achievable emission rate under s. 144.393 285.63 (2) (b) or to install the best available control technology under s. 144.393 285.63 (3) (a).
227,475 Section 475. 144.375 (6) (title) of the statutes is renumbered 285.21 (4) (title).
227,476 Section 476. 144.375 (6) (a) of the statutes is renumbered 285.21 (4) and amended to read:
285.21 (4) If the ambient air increment, or the ambient air quality standard, the standards of performance for new stationary sources or the emission standards for hazardous air contaminants standards in effect on April 30, 1980, under the federal clean air act are relaxed, the department shall alter the corresponding state standards unless it finds that the relaxed standards would not provide adequate protection for public health and welfare.
227,477 Section 477. 144.375 (6) (b) and (c) of the statutes are repealed.
227,478 Section 478. 144.38 of the statutes is renumbered 285.17.
227,479 Section 479. 144.382 of the statutes is renumbered 285.53, and 285.53 (1) (a) and (2), as renumbered, are amended to read:
285.53 (1) (a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 159.07 287.07 (7) (c) 1. cr., that has a capacity of 5 tons or more per day.
(2) Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 159.07 287.07 (7) (c) 1. cr., shall continuously monitor emissions from the medical waste incinerator.
227,480 Section 480. 144.385 of the statutes is repealed.
Note: This statutory section established sulfur dioxide emission limits for major utilities prior to January 1, 1993, and, according to sub. (9) of s. 144.385, does not apply after December 31, 1992.
227,481 Section 481. 144.386 of the statutes is renumbered 285.41, and 285.41 (4) (a) (intro.), (5) and (7), as renumbered, are amended to read:
285.41 (4) (a) Request; variance conditions. (intro.) A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under s. 144.423 285.83 that the major utility has violated sub. (2) (a). Upon receipt of a request, the commission shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:
(5) No impact on other provisions. Nothing in this section exempts a major utility from any provision of ss. 144.30 to 144.38 or 144.391 to 144.426 ss. 285.01 to 285.39 or 285.51 to 285.87. Compliance with this section is not a defense to a violation of any of those provisions.
(7) Penalty. Notwithstanding s. 144.426 285.87, any major utility that exceeds the annual emission rate under sub. (2) (a) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for each year of violation.
227,482 Section 482. 144.387 of the statutes is renumbered 285.43, and 285.43 (1), as renumbered, is amended to read:
285.43 (1) Limit. After June 30, 1988, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input during any year from any large source, as defined under s. 144.388 285.45 (1) (a), that is owned by this state may not exceed 1.50.
227,483 Section 483. 144.388 of the statutes is renumbered 285.45, and 285.45 (1) (a) and (b) and (3) (a) and (b) 1., as renumbered, are amended to read:
285.45 (1) (a) "Large source" means a stationary source in this state, other than a fossil fuel-fired boiler under the ownership or control of a major utility, that had sulfur dioxide emissions averaging at least 1,000 tons annually in the most recent 5-year period, that became operational before May 2, 1986, and that is not a boiler subject to the standard of performance for new stationary sources for sulfur dioxide emissions established under s. 144.375 (4) 285.27 (1).
(b) "Major utility" has the meaning given under s. 144.386 285.41 (1) (f).
(3) (a) If the department determines, based on its annual report under s. 144.31 (1) (n) 285.11 (12), that the total annual sulfur dioxide emissions from all major utilities and large sources exceeded 325,000 tons in the previous year, or if the department projects, based on the amounts anticipated by the major utilities under s. 144.386 285.41 (3) (a) 8. and the department's estimates of emissions from large sources, that the total sulfur dioxide emissions in this state will exceed 325,000 tons in any of the 3 succeeding years, the department shall determine if the actual or projected excess emissions are or will be attributable to the major utilities, the large sources or both.
(b) 1. If the department determines that the excess emissions are or will be attributable to the major utilities, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under sub. (2) (b) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit, including any necessary changes in s. 144.386 285.41. The department shall hold a public hearing on the report.
227,484 Section 484. 144.389 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.47, and 285.47 (1), as renumbered, is amended to read:
285.47 (1) Definition. In this section, "major utility" has the meaning given in s. 144.386 285.41 (1) (f).
227,485 Section 485. 144.391 (title), (1), (2), (3m), (4m), (5), (6) and (7) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.60 (title), (1), (2), (3), (4), (5), (6) and (7), and 285.60 (1) (b), (2) (a) and (3), as renumbered, are amended to read:
285.60 (1) (b) Operation permit. 1. Except as provided in subd. 2., par. (a) 2., sub. (6) or s. 144.3925 (7) 285.62 (8), no person may operate a new source or a modified source unless the person has an operation permit under s. 144.3925 285.62 from the department.
2. A person may continue to operate a new source or a modified source for which the department issued a permit under s. 144.392, 1989 stats., on or before November 15, 1992, but on which construction, reconstruction, replacement or modification began after November 15, 1992, but the person shall apply for an operation permit under s. 144.3925 285.62 no later than March 1, 1996.
(2) (a) Operation permit requirement. Except as provided in sub. (6) or s. 144.3925 (7) 285.62 (8), no person may operate an existing source after the operation permit requirement date specified under s. 144.374 (1) 285.62 (11) (a) unless the person has an operation permit from the department.
(3) General operation permits. The department may, by rule, specify types of stationary sources that may obtain general operation permits. A general operation permit may cover numerous similar stationary sources. A general operation permit shall require any stationary source that is covered by the general operation permit to comply with ss. 144.392 to 144.399 285.61 to 285.69. The department shall issue a general operation permit using the procedures and criteria in ss. 144.3925 to 144.399 285.62 to 285.69.
227,486 Section 486. 144.392 (title), (1m), (2), (3), (4), (5), (6), (7), (8) and (9) of the statutes are renumbered 285.61 (title), (1), (2), (3), (4), (5), (6), (7), (8) and (9), and 285.61 (2), (8) (a) and (9), as renumbered, are amended to read:
285.61 (2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate the plans, specifications and any other information necessary to determine if the proposed construction, reconstruction, replacement or modification will meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15.
(8) (a) Criteria; considerations. The department may approve the construction permit application and issue a construction permit according to the criteria established under s. 144.393 285.63 after consideration of the comments received under subs. (6) and (7) and after consideration of the environmental impact as required under s. 1.11.
(9) Mining hearing. If a hearing on the construction permit is conducted as a part of a hearing under s. 144.836 293.43, the notice, comment and hearing provisions in that section supersede the provisions of subs. (4) to (8).
227,487 Section 487. 144.3925 (title), (1), (2), (3), (4), (5), (5m), (6), (7), (8) and (9) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.62 (title), (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10), and 285.62 (1), (2), (3) (b) 2., (6) (a) and (b), (7) (a) and (b), (8), (9) (a) and (10), as renumbered, are amended to read:
285.62 (1) Applicant notice required. A person who is required to obtain an operation permit for a stationary source shall apply to the department for the permit on or before the operation permit application date specified under s. 144.374 (2) sub. (11) (b). The department shall specify by rule the content of applications under this subsection. If required by the federal clean air act, the department shall provide a copy of the complete application to the federal environmental protection agency. The department may not accept an application submitted to the department before November 15, 1992, as an application under this subsection.
(2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate any additional information required under sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under those sections this chapter and s. 299.15.
(3) (b) 2. Any local air pollution control agency that has a program under s. 144.41 285.73 that is approved by the department and that has jurisdiction over the area in which the stationary source is located.
(6) (a) After considering any public comments concerning an application, the department may prepare a proposed operation permit or deny the application for an operation permit. If the criteria in ss. 144.393 and 144.3935 285.63 and 285.64 are met, the department shall prepare a proposed operation permit. If required by the federal clean air act, the department shall provide a copy of a proposed operation permit to the federal environmental protection agency. If a state has submitted recommendations in response to the notice under sub. (3) (b) 7. and the department has not accepted those recommendations, the department shall notify that state and the federal environmental protection agency in writing of its decision not to accept the recommendations and the reasons for that decision.
(b) The federal environmental protection agency may object in writing to the issuance of an operation permit that it determines is not in compliance with the federal clean air act or an implementation plan prepared under s. 144.31 (1) (f) 285.11 (6). The department shall respond in writing to the objection if the federal environmental protection agency provides the reasons for the objection and submits the objection to the department and the applicant within 45 days after receiving either a copy of the proposed operation permit under par. (a) or notice under par. (a) of the department's decision not to accept the recommendations of another state.
(7) (a) The department shall approve or deny the operation permit application for an existing source. The department shall issue the operation permit for an existing source if the criteria established under ss. 144.393 and 144.3935 285.63 and 285.64 are met. The department shall issue an operation permit for an existing source or deny the application within 18 months after receiving a complete application, except that the department may, by rule, extend the 18-month period for specified existing sources by establishing a phased schedule for acting on applications received within one year after the effective date of the rule promulgated under sub. (1) that specifies the content of applications for operation permits. The phased schedule may not extend the 18-month period for more than 3 years.
(b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under ss. 144.393 and 144.3935 285.63 and 285.64 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit.
(8) Operation continued during application. If a person timely submits a complete application for an existing source under sub. (1) and submits any additional information requested by the department within the time set by the department, the existing source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (6) (7).
(9) (a) If the department fails to issue an operation permit or to deny the application within the period specified in sub. (6) (7) or in a rule promulgated under sub. (6) (7), that failure is considered a final decision on the application solely for the purpose of obtaining judicial review under ss. 227.52 and 227.53 to require the department to act on the application without additional delay.
(10) Effect of permit. (a) Except as provided in par. (b), the issuance of an operation permit, including an operation permit that contains a compliance schedule, does not preclude enforcement actions based on violations of ss. 144.30 to 144.426 this chapter that occur before, on or after the date that the operation permit is issued. The inclusion of a compliance schedule in an operation permit does not preclude enforcement actions based on violations of ss. 144.30 to 144.426 this chapter to which the compliance schedule relates, whether or not the source is violating the compliance schedule.
(b) Unless precluded by the administrator of the federal environmental protection agency under 42 USC 7661c (f), compliance with all emission limitations included in an operation permit is considered to be compliance with all emission limitations established under ss. 144.30 to 144.426 this chapter and emission limitations under the federal clean air act that are applicable to the stationary source as of the date of issuance of the operation permit if the permit includes the applicable emission limitations or the department, in acting on the application for the operation permit, determines in writing that the emission limitations do not apply to the stationary source and the operation permit includes that determination.
227,488 Section 488. 144.393 of the statutes is renumbered 285.63, and 285.63 (1) (intro.), (a), (b) and (d), (2) (c), (7) (b) 2., 3., 4., 5. and 8. and (10) (a), (b) and (c) 4., as renumbered, are amended to read:
285.63 (1) Requirements for all sources. (intro.) The department may approve the application for a permit required or allowed under s. 144.391 285.60 if it finds:
(a) Source will meet requirements. The stationary source will meet all applicable emission limitations and other requirements promulgated under ss. 144.30 to 144.426 this chapter, standards of performance for new stationary sources under s. 144.375 (4) 285.27 (1) and emission standards for hazardous air contaminants under s. 144.375 (5) 285.27 (2);
(b) Source will not violate or exacerbate violation of air quality standard or ambient air increment. The source will not cause or exacerbate a violation of any ambient air quality standard or ambient air increment under s. 144.375 285.21 (1) or (2);
(d) Source will not preclude construction or operation of other source. The stationary source will not degrade the air quality in an area sufficiently to prevent the construction, reconstruction, replacement, modification or operation of another stationary source if the department received plans, specifications and other information under s. 144.392 285.61 (2) for the other stationary source prior to commencing its analysis under s. 144.392 285.61 (3) for the former stationary source. This paragraph does not apply to an existing source required to have an operation permit.
(2) (c) Applicant's other major sources meet or on schedule to meet requirements. All other major sources that are located in this state and that are owned or operated by the permit applicant or by any entity controlling, controlled by or under common control with the permit applicant, as determined under s. 180.1140 (6), meet or are on schedule to meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under those sections this chapter and s. 299.15 and are in compliance with or are on schedule to come into compliance with all applicable emission limitations and emission standards under the federal clean air act.
(7) (b) 2. Except as provided in s. 144.399 285.69 (5) (d), the applicant is in compliance or is complying with an approved schedule to be in compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 with respect to all stationary sources that it owns or operates and has paid the fees required under s. 144.399 285.69 (5).
3. Except as provided in subd. 8., the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, is greater than 2,500 tons.
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