AB150-engrossed,1529,62
144.266
(6) Exemption for certain highway projects. Notwithstanding subs.
3(2) and (3), no state storm water management plan or standards relating to
4construction site erosion control applicable to the construction, rehabilitation or
5improvement of any existing highway may be more stringent than those required by
6federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).
AB150-engrossed, s. 4305
7Section
4305. 144.389 (1) (intro.) and (b) of the statutes are consolidated,
8renumbered 144.389 (1) and amended to read:
AB150-engrossed,1529,109
144.389
(1) (title)
Definitions Definition. In this section
: (b) "Major, "major 10utility" has the meaning given
under in s. 144.386 (1) (f)
AB150-engrossed, s. 4308
13Section
4308. 144.391 (1) (b) of the statutes is renumbered 144.391 (1) (b) 1.
14and amended to read:
AB150-engrossed,1529,1715
144.391
(1) (b) 1. Except as provided in
subd. 2., par. (a) 2.
or, sub. (6)
or s.
16144.3925 (7), no person may operate a new source or a modified source unless the
17person has an operation permit
under s. 144.3925 from the department.
AB150-engrossed,1529,2319
144.391
(1) (b) 2. A person may continue to operate a new source or a modified
20source for which the department issued a permit under s. 144.392, 1989 stats., on or
21before November 15, 1992, but on which construction, reconstruction, replacement
22or modification began after November 15, 1992, but the person shall apply for an
23operation permit under s. 144.3925 no later than March 1, 1996.
AB150-engrossed,1530,4
1144.391
(2) (a)
Operation permit requirement. Except as provided in sub. (6)
2or s. 144.3925 (7), no person may operate an existing source after the operation
3permit requirement date specified under s. 144.374 (1) unless the person has an
4operation permit
under s. 144.3925 from the department.
AB150-engrossed,1530,226
144.391
(4m) Permit flexibility. The department shall allow a person to make
7a change to
an existing a stationary source that has an operation permit, or for which
8the person has submitted a timely and complete application for an operation permit,
9for which the department would otherwise first require an operation permit revision,
10without first requiring a revision of the operation permit if the change is not a
11modification, as defined by the department by rule, and the change will not cause the
12existing stationary source to exceed the emissions allowable under the operation
13permit, whether expressed as an emission rate or in terms of total emissions. Except
14in the case of an emergency, a person shall notify the department and, for permits
15required under the federal clean air act, the administrator of the federal
16environmental protection agency in writing at least 21 days before the date on which
17the person proposes to make a change to
an existing
a stationary source under this
18subsection. A person may not make a proposed change to
an existing a stationary 19source if the department informs the person before the end of that 21-day period that
20the proposed change is not a change authorized under this subsection. The
21department shall promulgate rules establishing a shorter time for advance
22notification of changes under this subsection in case of emergency.
AB150-engrossed,1531,524
144.3925
(6) (b) The department shall approve or deny the operation permit
25application for a new source or modified source. The department shall issue the
1operation permit for a new source or modified source if the criteria established under
2s. ss. 144.393
and 144.3935 are met. The department shall issue an operation permit
3for a new source or modified source or deny the application within 180 days after the
4permit applicant submits to the department the results of all equipment testing and
5emission monitoring required under the construction permit.
AB150-engrossed,1531,11
6(7) Operation continued during application. If a person timely submits a
7complete application for
an existing a stationary source under sub. (1) and submits
8any additional information requested by the department within the time set by the
9department, the
existing stationary source may not be required to discontinue
10operation and the person may not be prosecuted for lack of an operation permit until
11the department acts under sub. (6).
AB150-engrossed,1531,19
13144.3935 (title)
Criteria for operation permits for existing stationary
14sources. (1) Issuance to sources not in compliance; federal objection. (a)
15Notwithstanding s. 144.393, the department may issue an operation permit for
an
16existing a stationary source that does not comply with the requirements in the
17operation permit, in the federal clean air act, in an implementation plan under s.
18144.31 (1) (f) or in s. 144.393 when the operation permit is issued if the operation
19permit includes all of the following:
AB150-engrossed,1531,2320
1. A compliance schedule that sets forth a series of remedial measures that the
21owner or operator of the
existing stationary source must take to comply with the
22requirements with which the
existing stationary source is in violation when the
23operation permit is issued.
AB150-engrossed,1532,224
2. A requirement that, at least once every 6 months, the owner or operator of
25the
existing stationary source submit reports to the department concerning the
1progress in meeting the compliance schedule and the requirements with which the
2existing stationary source is in violation when the operation permit is issued.
AB150-engrossed,1532,73
(b) Notwithstanding par. (a) and s. 144.393, the department may not issue an
4operation permit to
an existing a stationary source if the federal environmental
5protection agency objects to the issuance of the operation permit as provided in s.
6144.3925 (5m) unless the department revises the operation permit to meet the
7objection.
AB150-engrossed,1532,139
144.396
(3) (c) The department may renew an operation permit if the criteria
10in ss. 144.393 and 144.3935 are met. Notwithstanding s. 144.3935 (1) (a), the
11department may deny an application for renewal of an operation permit for a
12stationary source if the stationary source is in violation of its current operation
13permit.
AB150-engrossed,1532,1715
144.399
(2) (a) 4. That during 1995 to 1999, no fee is required to be paid under
16this subsection for emissions from any affected unit
under listed in Table A of 42 USC
177651c.
AB150-engrossed,1532,2319
144.399
(2) (am) The department may not charge a major utility fees on
20emissions in excess of 4,000 tons per year of each regulated pollutant beyond the
21amount necessary to recover the fees that would have been charged for any phase I
22affected unit
under listed in Table A of 42 USC 7651c owned by that major utility if
23the prohibition in par. (a) 4. did not exist.
AB150-engrossed,1533,6
1144.399
(7) Emission reduction credit fees. The department may promulgate
2rules for the payment of fees by persons who hold emission reduction credits that
3may be used to satisfy the offset requirements in s. 144.393 (2) (a) and that have been
4certified by the department. The rules may waive the payment of fees under this
5subsection for categories of emission reduction credits. The fees collected under this
6subsection shall be credited to the appropriation under s. 20.370 (2) (bg).
AB150-engrossed, s. 4317
7Section
4317. 144.405 (5) (a) (intro.) and 1. of the statutes are consolidated,
8renumbered 144.405 (5) (a) and amended to read:
AB150-engrossed,1533,239
144.405
(5) (a) The department shall develop, implement and administer a
10program to provide financial assistance to the owner or operator of a
retail station.
11Only the following costs are eligible for reimbursement under the program:1. Costs 12gasoline dispensing facility for costs directly incurred after August 15,
1991 1990, for
13the design, acquisition and installation of a vapor control system necessary for the
14owner or operator to comply with
the requirements under sub. (3) rules requiring the
15installation of a vapor control system on those portions of a
retail station gasoline
16dispensing facility located in an ozone nonattainment area with a classification
17under
42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank
18installed on or before August 15, 1991, or on those portions of a
retail station gasoline
19dispensing facility located in an ozone nonattainment area with a classification
20under
42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank
21installed after August 15, 1991, that does not increase the stationary storage tank
22capacity of the
retail station gasoline dispensing facility in existence on August 15,
231991.
AB150-engrossed,1534,6
1144.405
(5) (c)
The Subject to pars. (ce) to (d), the department shall award a
2grant to each applicant who submits a complete application under par. (b) for costs
3allowable under par. (a). The amount of the grant may not exceed 95% of the first
4$25,000 in costs and 90% of the next $15,000 in costs incurred by the applicant. If
5the department promulgates a rule under par. (e), it shall determine the costs based
6upon the rule promulgated under par. (e).
AB150-engrossed,1534,148
144.405
(5) (ce) The owner or operator of a gasoline dispensing facility is
9eligible for a grant under this subsection for costs incurred after August 15, 1990, and
10on or before August 15, 1991, only if the owner or operator has not received
11reimbursement for the costs from any other source and if no substantial evidence
12exists that the applicant applied for or obtained a grant under this subsection on the
13basis of fraudulent information. Excavation costs incurred on or before August 15,
141991, are not eligible for reimbursement under this subsection.
AB150-engrossed,1534,2016
144.405
(5) (cm) The owner or operator of a gasoline dispensing facility is not
17eligible for a grant under this subsection unless, before October 1, 1995, the owner
18or operator submits a report indicating the amount of gasoline dispensed by the
19gasoline dispensing facility, as required by the department by rule, and, if required
20by the department by rule, a compliance plan.
AB150-engrossed,1535,222
144.405
(5) (cs) If there is not sufficient funding to provide grants under this
23subsection to all eligible applicants, the department shall give priority to grants for
24gasoline dispensing facilities that are located within an ozone nonattainment area
25that is classified as severe under
42 USC 7511 (a) and are within 10 miles of an area
1that is an ozone attainment area or is an ozone nonattainment area that is classified
2as less than severe under
42 USC 7511 (a).
AB150-engrossed,1535,64
144.405
(5) (d) The department may not award a grant under this subsection
5after
June 30, 1995, or the day after publication of the 1995-97 biennial budget act,
6whichever is later December 31, 1995.
AB150-engrossed,1535,98
144.435
(5) (a) In this subsection, "high-volume industrial waste" has the
9meaning given in s. 144.44 (7) (a) 1.
AB150-engrossed,1535,2310
(b) The department shall promulgate, by rule, standards for the reuse of
11foundry sand and other high-volume industrial waste, including high-volume
12industrial waste that qualifies for an exemption from regulation under s. 144.44 (7)
13(g). The department shall design the rules under this paragraph to allow and
14encourage, to the maximum extent possible consistent with the protection of public
15health and the environment, the beneficial reuse of high-volume industrial waste,
16in order to preserve resources, conserve energy and reduce or eliminate the need to
17dispose of high-volume industrial waste in landfills. In developing rules under this
18paragraph, the department shall review methods of reusing high-volume industrial
19waste that are approved by other states and incorporate those methods to the extent
20that the department determines is advisable. In developing rules under this
21paragraph, the department shall also consider the analysis and methodology used
22under
40 CFR 503.13 in determining the impacts on groundwater from various
23methods of reusing high-volume industrial wastes.
AB150-engrossed,1536,2
1144.44
(7) (em)
Exemption from licensing, agricultural use of wood ash. No
2license is required under this section for the agricultural use of wood ash.
AB150-engrossed,1536,64
144.442
(9) (b) 3. This subsection does not apply to the release or discharge of
5high-volume industrial waste used in a highway improvement project under s.
684.078.
AB150-engrossed,1536,98
144.449
(1) (am) "Recovery activity" means a project designed to reduce the
9number or volume of waste tires, to recycle waste tires or to recover waste tires.
AB150-engrossed,1536,1311
144.449
(1) (c) "Waste tire"
has the meaning given under s. 84.078 (1) (b) means
12a tire that is no longer suitable for its original purpose because of wear, damage or
13defect.
AB150-engrossed,1536,1615
144.449
(3) (f) A site where a recovery activity
, as defined in s. 159.17 (1) (a), 16is carried on if no more than a 6-month inventory of tires is kept on the site.
AB150-engrossed, s. 4321
17Section
4321. 144.737 (1) (intro.) and (b) of the statutes are consolidated,
18renumbered 144.737 (1) and amended to read:
AB150-engrossed,1536,2119
144.737
(1) In this section
: (b) "Capacity, "capacity assurance plan" means the
20plan submitted under
42 USC 9604 (c) (9) for the management of hazardous waste
21generated in this state.
AB150-engrossed,1537,3
1144.737
(2) (b) Notify the governor
and the board of any significant problems
2that occur or may occur in the ability to manage a type of hazardous waste in this
3state and of the need to change the goals in the capacity assurance plan.
AB150-engrossed,1537,105
144.737
(2) (c) Each year in which submission of a revised capacity assurance
6plan is required by the federal environmental protection agency, at least 75 days
7before the federal environmental protection agency deadline for submittal, complete
8a draft of a revised capacity assurance plan and provide the draft to the
board, the 9governor and the
chief clerk of each house of the legislature
for distribution under
10s. 13.172 (2).
AB150-engrossed,1537,1712
144.737
(2) (e) Each year in which submission of a revised capacity assurance
13plan is required by the federal environmental protection agency, provide its proposed
14version of the revised capacity assurance plan, no later than 14 days prior to the
15federal environmental protection agency deadline for submittal, to the
board, the 16governor and the
chief clerk of each house of the legislature
for distribution under
17s. 13.172 (2).
AB150-engrossed,1537,2119
144.76
(2) (e) The department shall report notifications that it receives under
20this subsection related to discharges from petroleum storage tanks, as defined in s.
21101.144 (1) (bm), to the department of development.
AB150-engrossed,1538,323
144.76
(6) (a)
Contingency plan; activities resulting from discharges. The
24department may utilize moneys appropriated under s. 20.370 (2) (dv)
, (fq) and (my)
25in implementing and carrying out the contingency plan developed under sub. (5) and
1to provide for the procurement, maintenance and storage of necessary equipment
2and supplies, personnel training and expenses incurred in identifying, locating,
3monitoring, containing, removing and disposing of discharged substances.
AB150-engrossed,1538,85
144.76
(6) (b)
Limitation on equipment expenses. No more than 25% of the
6moneys available under the appropriation under s. 20.370 (2) (dv)
, (fq) or (my)
7during any fiscal year may be used for the procurement and maintenance of
8necessary equipment during that fiscal year.
AB150-engrossed,1538,1510
144.76
(7) (a)
In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where
11action required under sub. (3) is not being adequately taken or the identity of the
12person responsible for the discharge is unknown, the department or its authorized
13representative may identify, locate, monitor, contain, remove or dispose of the
14hazardous substance or take any other emergency action which it deems appropriate
15under the circumstances.
AB150-engrossed,1538,2017
144.76
(7) (c)
The Subject to ss. 94.73 (2m) and 101.144 (3), the department,
18for the protection of public health, safety or welfare, may issue an emergency order
19or a special order to the person possessing, controlling or responsible for the
20discharge of hazardous substances to fulfill the duty imposed by sub. (3).
AB150-engrossed,1538,2422
144.76
(9) (f) Any person discharging high-volume industrial waste used in a
23highway improvement project under s. 84.078 is exempted from the penalty
24requirements of this section.
AB150-engrossed,1539,5
1144.77
(6) (a) The department may utilize moneys appropriated under s.
220.370 (2) (dv)
, (fq) and (my) in taking action under sub. (3). The department shall
3utilize these moneys to provide for the procurement, maintenance and storage of
4necessary equipment and supplies, personnel training and expenses incurred in
5locating, identifying, removing and disposing of abandoned containers.
AB150-engrossed,1539,97
144.77
(6) (b) No more than 25% of the total of all moneys available under the
8appropriation under s. 20.370 (2) (dv)
, (fq) and (my) may be used annually for the
9procurement and maintenance of necessary equipment during that fiscal year.
AB150-engrossed,1539,1411
144.77
(6) (c) The department is entitled to recover moneys expended under
12this section from any person who caused the containers to be abandoned or is
13responsible for the containers.
The funds recovered under this paragraph shall be
14deposited into the environmental fund for environmental repair.
AB150-engrossed,1540,2
16144.82 Mine effect responsibility. The department shall serve as the central
17unit of state government to ensure that the air, lands, waters, plants, fish and
18wildlife affected by prospecting or mining in this state will receive the greatest
19practicable degree of protection and reclamation. The administration of
20occupational health and safety laws and rules that apply to mining shall remain
21exclusively the responsibility of the department of
industry, labor and human
22relations development. The powers and duties of the geological and natural history
23survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological
24and natural history survey. Nothing in this section prevents the department of
25industry, labor and human relations development and the geological and natural
1history survey from cooperating with the department in the exercise of their
2respective powers and duties.
AB150-engrossed,1540,134
144.833
(3) Approval required prior to drilling. No person may engage in
5radioactive waste site exploration by drilling on a parcel unless notice is provided as
6required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a
7written approval authorizing drilling on that parcel. If the person seeking this
8approval is the federal department of energy or an agent or employe of the federal
9department of energy, the department may not issue the approval unless the
10radioactive waste review board public service commission certifies that the federal
11department of energy and its agents or employes have complied with any
12requirement imposed by the
radioactive waste review board public service
13commission under s.
36.50 196.497 or any agreement entered into under that section.
AB150-engrossed,1540,1815
144.833
(7) (title)
Impact on radioactive waste review board public service
16commission. Nothing in this section limits the power or authority of the
radioactive
17waste review board public service commission to impose more stringent
18requirements for the negotiation and approval of agreements under s.
36.50 196.497.
AB150-engrossed,1540,2220
144.85
(5) (a) 1. (intro.) Except with respect to property specified in s.
16.21 2141.41 (11), within 90 days of the completion of the public hearing record, the
22department shall issue the mining permit if it finds: