2017 - 2018 LEGISLATURE
October 24, 2017 - Introduced by Representatives Kremer, Katsma, Vorpagel,
Allen, Born, R. Brooks, Gannon, Horlacher, Jacque, Jarchow, Knodl,
Kuglitsch, Murphy and Skowronski, cosponsored by Senators LeMahieu,
Stroebel and Wanggaard. Referred to Committee on Federalism and
1An Act to renumber
285.72; to amend
20.370 (2) (ce) and 285.72 (title); and to
285.72 (2) of the statutes;
relating to: prohibiting the funding and use
3of the Sheboygan Kohler-Andrae air quality monitor.
Analysis by the Legislative Reference Bureau
Current federal regulation requires each state to submit to the U.S.
Environmental Protection Agency an annual monitoring network plan documenting
the establishment and maintenance of an air quality surveillance system consisting
of individual monitoring stations meeting specified criteria. States are required to
submit ambient air quality data collected by the monitoring network to the U.S. EPA
This bill prohibits the Department of Natural Resources from including the air
monitoring site located at Kohler-Andrae State Park in Sheboygan County in the
annual monitoring network plan, beginning with the plan submitted in 2018. Under
the bill, upon U.S. EPA approval of the state's monitoring network plan, DNR is
required to cease funding the operation and maintenance of the Kohler-Andrae air
monitoring site and to cease collecting data from the site.
The bill also requires DNR to request a waiver of the relevant provisions of the
federal Clean Air Act relating to the state implementation plan that may be
implicated by discontinuing the use of the air monitoring site located at
Kohler-Andrae State Park in Sheboygan County. Current federal regulation
requires each state to submit to the U.S. EPA a plan that provides for the
implementation, maintenance, and enforcement of primary ambient air quality
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.370 (2) (ce) of the statutes is amended to read:
(ce) Air quality monitoring station.
Biennially, the amounts in the 3
schedule for the air quality monitoring station under s. 285.72
285.72 (title) of the statutes is amended to read:
(title) Air quality monitoring
285.72 of the statutes is renumbered 285.72 (1).
285.72 (2) of the statutes is created to read:
(a) The department may not include the air monitoring site located 9
at Kohler-Andrae State Park in Sheboygan County in the state's monitoring 10
network plan required under 40 CFR 58.10
(b) The department shall request a waiver of the relevant provisions of the 12
federal Clean Air Act relating to the state implementation plan, as required under 1342 USC 7410
, that may be implicated by discontinuing the use of the air monitoring 14
site located at Kohler-Andrae State Park in Sheboygan County.
(1) Upon approval by the federal environmental protection agency of the state's 17
monitoring network plan that does not include the air monitoring site located at 18
Kohler-Andrae State Park in Sheboygan County, the department of natural 19
resources shall cease funding the operation and maintenance of the air monitoring 20
site located at Kohler-Andrae State Park in Sheboygan County and shall cease 21
collecting data from the air monitoring site.
The treatment of section 285.72 (2) (a) of the statutes first applies to a 3
monitoring network plan submitted on January 1, 2018.