LRB-4287/1
ZDW:emw
2017 - 2018 LEGISLATURE
October 18, 2017 - Introduced by Senators LeMahieu, Stroebel and Wanggaard,
cosponsored by Representatives Kremer, Katsma, Vorpagel, Allen, Born, R.
Brooks
, Gannon, Horlacher, Jacque, Jarchow, Knodl, Kuglitsch, Murphy
and Skowronski. Referred to Committee on Government Operations,
Technology and Consumer Protection.
SB466,1,3 1An Act to renumber 285.72; to amend 20.370 (2) (ce) and 285.72 (title); and to
2create
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
quarterly.
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
standards.

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:
SB466,1 1Section 1. 20.370 (2) (ce) of the statutes is amended to read:
SB466,2,32 20.370 (2) (ce) Air quality monitoring station. Biennially, the amounts in the
3schedule for the air quality monitoring station under s. 285.72 (1).
SB466,2 4Section 2. 285.72 (title) of the statutes is amended to read:
SB466,2,5 5285.72 (title) Air quality monitoring station stations.
SB466,3 6Section 3. 285.72 of the statutes is renumbered 285.72 (1).
SB466,4 7Section 4. 285.72 (2) of the statutes is created to read:
SB466,2,108 285.72 (2) (a) The department may not include the air monitoring site located
9at Kohler-Andrae State Park in Sheboygan County in the state's monitoring
10network plan required under 40 CFR 58.10.
SB466,2,1411 (b) The department shall request a waiver of the relevant provisions of the
12federal 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
14site located at Kohler-Andrae State Park in Sheboygan County.
SB466,5 15Section 5. Nonstatutory provisions.
SB466,2,2116 (1) Upon approval by the federal environmental protection agency of the state's
17monitoring network plan that does not include the air monitoring site located at
18Kohler-Andrae State Park in Sheboygan County, the department of natural
19resources shall cease funding the operation and maintenance of the air monitoring
20site located at Kohler-Andrae State Park in Sheboygan County and shall cease
21collecting data from the air monitoring site.
SB466,6
1Section 6. Initial applicability.
SB466,3,32 (1) The treatment of section 285.72 (2) (a) of the statutes first applies to a
3monitoring network plan submitted on January 1, 2018.
SB466,3,44 (End)
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