Rule-Making Notices
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400—
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapters NR 419 and 484, Wis. Adm. Code, relating to VOC emission controls for industrial wastewater collection and treatment operations.
Hearing Information
December 5, 2008   Rooms 140-141
Friday     DNR Southeast Region Hdqrs.
at 1:00 p.m.     2300 N. Dr. Martin Luther King Jr.
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
The hearing will be held in conjunction with the hearing for Natural Resources Board Order No. AM-19-08, CR 08-102, relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone non-attainment counties and Natural Resources Board Order No. AM-20-08, CR 08-103, relating to the modification of existing rules for control of nitrogen oxide (NOx) emitted by stationary sources in the ozone nonattainment area in southeastern Wisconsin. The order in which the proposals will be considered will be decided at the time of hearing.
Copies of Proposed Rules and Submission of Written Comments
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: (Search this Web site using the Natural Resources Board Order No. AM-19-08. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Adamski, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Comments may be submitted until December 10, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Sections 227.11 (2) (a), 227.14 (1m) (b), 285.11 (1) and (6), Stats.
Statutory authority
Sections 227.11 (2) (a) and 285.11 (1) and (6), Stats.
Plain language analysis
The State Implementation Plan developed under s. 285.11 (6), Stats., is revised. The Department proposes these rules to meet the requirements of Section 182(b)(2) of the federal Clean Air Act.
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compounds (VOC) emissions in moderate and worse ozone nonattainment areas, for which EPA has published a Control Technology Guideline (CTG). The DNR has promulgated rules for VOC RACT emission limits in Wisconsin's moderate ozone nonattainment areas.
However, on March 17, 2008, EPA notified DNR that Wisconsin's state implementation plan was deficient because DNR rules did not establish VOC RACT emission limits consistent with recently published CTGs in Wisconsin's ozone nonattainment areas. One of the identified VOC CTG emission source categories for which the DNR has yet to establish RACT limits is industrial wastewater collection and treatment (IWCT) operations. The rule is necessary to avoid potential federal sanctions.
Comparison with federal regulations
The rule will modify the DNR's ozone state implementation plan to meet the requirements of the federal Clean Air Act and to clarify other state requirements.
Comparison with rules in adjacent states
The proposed rule is based on requirements established in the federal Clean Air Act. Any of the adjacent states which have ozone nonattainment areas are also charged with meeting these same requirements.
Summary of factual data and analytical methodologies
In a March 17, 2008 letter to the DNR, the US EPA outlined why Wisconsin's state implementation plan (SIP) for ozone was being declared deficient with respect to meeting requirements of the Federal Clean Air Act. These reasons included a failure to promulgate an administrative rule to require that VOC emissions from industrial wastewater collection and treatment operations be subject to reasonably available control technology (RACT) in Wisconsin's ozone nonattainment areas. In the same March 17 letter the US EPA notified the DNR that Wisconsin might be subject to federal sanctions if these deficiencies are not fully remedied by September 2009.
Analysis and supporting documents used to determine effect on small business
Due to the 100 ton/year applicability threshold in the rule, it is highly unlikely that a small business, as defined under 227.114 (1), Stats., would have an IWCT operation that triggers the emission reduction requirements in the rule.
Small Business Impact
This rule will have no effect on small businesses.
Small business regulatory coordinator
The Department's Small Business Regulatory Coordinator may be contacted at or by calling (608) 266-1959.
Environmental Impact
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
The Department proposes administrative rules to establish reasonably available control technology (RACT) requirements for volatile organic compound (VOC) emissions and compliance testing criteria for industrial wastewater collection and treatment (IWCT) operations from major VOC sources in Wisconsin ozone nonattainment areas.
Fiscal impact on local government
The proposed IWCT VOC control rule would apply only to companies that process their own industrial wastewater – rather than direct the waste stream to the local municipal wastewater treatment plants, which are already subject to DNR VOC emissions controls. Since municipal wastewater treatment plants are explicitly not involved with any independent IWCT operations which could potentially be regulated for VOCs, there would be no local government costs associated with any IWCT VOC RACT rules.
Fiscal impact on state government and private
In 2007 the Department's investigation of potential VOC RACT sources yielded no facilities that would be subject to a proposed IWCT VOC RACT rule (page 39 of the Department's June, 2007 report "Revisions to the State Implementation Plan for 8-Hour Ozone"). Consequently, the Department stated that "no major industrial wastewater facilities exist in the seven moderate nonattainment counties."
However, EPA, citing that the DNR does not independently determine VOC emissions from wastewater - rejected DNR's negative declaration on facilities subject to IWCT VOC RACT. The State must correct all ozone SIP deficiencies (including adopt an IWCT VOC RACT rule) in order to avoid sanctions.
Since the Department is not able to identify any IWCT facilities in Wisconsin being subject to a VOC RACT rule, it appears that there are negligible costs to the governmental and private industries. However, if controls are necessary for any IWCT, they would largely be designed to reduce VOC emissions by restricting the waste stream's exposure to ambient air. This is accomplished by installing water seals at those process points (drains, junction boxes, manholes, etc..) where the waste stream is exposed to the ambient air. According to a report on industrial wastewater, there would be a cost (amortized over 10 years) between $1900 and $4300 per ton VOC reduction to install these control devices.
State fiscal effect
Local government fiscal effect
Long-range fiscal implications
Agency Contact Person
Bill Adamski
Wisconsin DNR
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.