AB150: Bill Text

AB150,1487,12 144.3935 (title) Criteria for operation permits for existing stationary sources. (1) Issuance to sources not in compliance; federal objection. (a) Notwithstanding s. 144.393, the department may issue an operation permit for an existing a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 144.31 (1) (f) or in s. 144.393 when the operation permit is issued if the operation permit includes all of the following:

AB150,1487,16 1. A compliance schedule that sets forth a series of remedial measures that the owner or operator of the existing stationary source must take to comply with the requirements with which the existing stationary source is in violation when the operation permit is issued.

AB150,1487,20 2. A requirement that, at least once every 6 months, the owner or operator of the existing stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the existing stationary source is in violation when the operation permit is issued.

AB150,1487,25 (b) Notwithstanding par. (a) and s. 144.393, the department may not issue an operation permit to an existing a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) unless the department revises the operation permit to meet the objection.

AB150, s. 4314 Section 4314. 144.396 (3) (c) of the statutes is created to read:

AB150,1488,6 144.396 (3) (c) The department may renew an operation permit if the criteria in ss. 144.393 and 144.3935 are met. Notwithstanding s. 144.3935 (1) (a), the department may deny an application for renewal of an operation permit for a stationary source if the stationary source is in violation of its current operation permit.

AB150, s. 4315 Section 4315. 144.399 (2) (a) 4. of the statutes is amended to read:

AB150,1488,10 144.399 (2) (a) 4. That during 1995 to 1999, no fee is required to be paid under this subsection for emissions from any affected unit under listed in Table A of 42 USC 7651c.

AB150, s. 4316 Section 4316. 144.399 (2) (am) of the statutes is amended to read:

AB150,1488,16 144.399 (2) (am) The department may not charge a major utility fees on emissions in excess of 4,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit under listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 4. did not exist.

AB150, s. 4317 Section 4317. 144.405 (5) (a) (intro.) and 1. of the statutes are consolidated, renumbered 144.405 (5) (a) and amended to read:

AB150,1489,8 144.405 (5) (a) The department shall develop, implement and administer a program to provide financial assistance to the owner or operator of a retail station. Only the following costs are eligible for reimbursement under the program:1. Costs gasoline dispensing facility for costs directly incurred after August 15, 1991, for the design, acquisition and installation of a vapor control system necessary for the owner or operator to comply with the requirements under sub. (3) rules requiring the installation of a vapor control system on those portions of a retail station gasoline dispensing facility located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed on or before August 15, 1991, or on those portions of a retail station gasoline dispensing facility located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed after August 15, 1991, that does not increase the stationary storage tank capacity of the retail station gasoline dispensing facility in existence on August 15, 1991.

AB150, s. 4318 Section 4318. 144.405 (5) (d) of the statutes is amended to read:

AB150,1489,12 144.405 (5) (d) The department may not award a grant under this subsection after June 30, 1995, or the day after publication of the 1995-97 biennial budget act, whichever is later December 31, 1995.

AB150, s. 4319 Section 4319. 144.424 (1) of the statutes is amended to read:

AB150,1489,21 144.424 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall issue an order to the persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such the order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board shall affirm, modify or set aside the order of the secretary.

AB150, s. 4320 Section 4320. 144.441 (6m) of the statutes is amended to read:

AB150,1490,2 144.441 (6m) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

AB150, s. 4321 Section 4321. 144.737 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.737 (1) and amended to read:

AB150,1490,7 144.737 (1) In this section: (b) "Capacity, "capacity assurance plan" means the plan submitted under 42 USC 9604 (c) (9) for the management of hazardous waste generated in this state.

AB150, s. 4322 Section 4322. 144.737 (1) (a) of the statutes is repealed.

AB150, s. 4323 Section 4323. 144.737 (2) (b) of the statutes is amended to read:

AB150,1490,12 144.737 (2) (b) Notify the governor and the board of any significant problems that occur or may occur in the ability to manage a type of hazardous waste in this state and of the need to change the goals in the capacity assurance plan.

AB150, s. 4324 Section 4324. 144.737 (2) (c) of the statutes is amended to read:

AB150,1490,19 144.737 (2) (c) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, at least 75 days before the federal environmental protection agency deadline for submittal, complete a draft of a revised capacity assurance plan and provide the draft to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

AB150, s. 4325 Section 4325. 144.737 (2) (e) of the statutes is amended to read:

AB150,1491,2 144.737 (2) (e) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, provide its proposed version of the revised capacity assurance plan, no later than 14 days prior to the federal environmental protection agency deadline for submittal, to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

AB150, s. 4326 Section 4326. 144.76 (2) (e) of the statutes is created to read:

AB150,1491,6 144.76 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from regulated storage tanks, as defined in s. 101.144 (1) (b), to the department of development.

AB150, s. 4327 Section 4327. 144.76 (2m) of the statutes is created to read:

AB150,1491,19 144.76 (2m) Alternatives to immediate notification. (a) For each hazardous substance for which a reportable quantity is established under 42 USC 9602 or 42 USC 11004, the department shall promulgate, by rule, an alternative to immediate notification under sub. (2) (a), or an exemption from notification, that applies when the amount of the hazardous substance that is discharged is less than the amount specified in the rule. The amount specified in a rule under this paragraph for a hazardous substance may not be less than the reportable quantity established under 42 USC 9602 or 42 USC 11004 for that hazardous substance. The department may specify an amount greater than the reportable quantity established under 42 USC 9602 or 42 USC 11004 for a hazardous substance only if the department determines that the discharge of up to that greater amount of the hazardous substance is not likely to harm public health, safety or welfare or the environment.

AB150,1492,2 (b) For a hazardous substance other than a hazardous substance to which par. (a) applies, the department may promulgate a rule that provides an alternative to immediate notification under sub. (2) (a), or an exemption from notification, that applies when the amount of the hazardous substance that is discharged is less than an amount specified in the rule. The department may specify an amount of a hazardous substance in a rule under this paragraph only if the department determines that the discharge of up to that amount of the hazardous substance is not likely to harm public health, safety or welfare or the environment.

AB150, s. 4328 Section 4328. 144.76 (7) (a) of the statutes is amended to read:

AB150,1492,9 144.76 (7) (a) In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

AB150, s. 4329 Section 4329. 144.76 (7) (c) of the statutes is amended to read:

AB150,1492,14 144.76 (7) (c) The Subject to ss. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB150, s. 4330 Section 4330. 144.76 (9) (f) of the statutes is created to read:

AB150,1492,18 144.76 (9) (f) A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance is not required to notify the department of the discharge if all of the following apply:

AB150,1492,20 1. A reportable quantity is established under 42 USC 9602 or 42 USC 11004 for the hazardous substance.

AB150,1492,22 2. The amount of the hazardous substance that is discharged is less than the reportable quantity established under 42 USC 9602 or 42 USC 11004.

AB150,1492,24 3. The department has not, as of the date that the person discovers the discharge, promulgated a rule under sub. (2m) that covers the discharge.

AB150, s. 4331 Section 4331. 144.76 (9) (g) of the statutes is created to read:

AB150,1493,3 144.76 (9) (g) A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance is not required to notify the department under sub. (2) (a) of the discharge if all of the following apply:

AB150,1493,5 1. The department has promulgated a rule under sub. (2m) that covers the hazardous substance.

AB150,1493,7 2. The amount of the hazardous substance that is discharged is less than the amount specified in the rule.

AB150,1493,9 3. The person performs an alternative to immediate reporting if required by the rule.

AB150,1493,10 4. The person takes the actions required by sub. (3).

AB150, s. 4332 Section 4332. 144.82 of the statutes is amended to read:

AB150,1493,23 144.82 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of industry, labor and human relations development. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of industry, labor and human relations development and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

AB150, s. 4333 Section 4333. 144.833 (3) of the statutes is amended to read:

AB150,1494,10 144.833 (3) Approval required prior to drilling. No person may engage in radioactive waste site exploration by drilling on a parcel unless notice is provided as required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a written approval authorizing drilling on that parcel. If the person seeking this approval is the federal department of energy or an agent or employe of the federal department of energy, the department may not issue the approval unless the radioactive waste review board public service commission certifies that the federal department of energy and its agents or employes have complied with any requirement imposed by the radioactive waste review board public service commission under s. 36.50 196.497 or any agreement entered into under that section.

AB150, s. 4334 Section 4334. 144.833 (7) of the statutes is amended to read:

AB150,1494,15 144.833 (7) (title) Impact on radioactive waste review board public service commission. Nothing in this section limits the power or authority of the radioactive waste review board public service commission to impose more stringent requirements for the negotiation and approval of agreements under s. 36.50 196.497.

AB150, s. 4335 Section 4335. 144.85 (5) (a) 1. (intro.) of the statutes is amended to read:

AB150,1494,19 144.85 (5) (a) 1. (intro.) Except with respect to property specified in s. 16.21 27.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

AB150, s. 4336 Section 4336. 144.9407 (7) (a) of the statutes is amended to read:

AB150,1494,25 144.9407 (7) (a) Review. The department shall review the nonmetallic mining reclamation program programs under this section of in each county and each city, village or town that exercises jurisdiction under this section to ascertain compliance with this section and the rules promulgated under this section. This review shall include all of the following:

AB150,1495,3 1. A performance audit of the nonmetallic mining reclamation program of the county, and each city, village or town in the county that exercises jurisdiction under this section.

AB150,1495,6 2. Verification, by on-site inspections, of county, city, village or town compliance with this section and rules promulgated under this section by the county and each city, village or town in the county that exercises jurisdiction under this section.

AB150,1495,10 3. A written determination by the department, issued every 3 10 years, of whether or not the county, and each city, village or town in the county that exercises jurisdiction under this section is in compliance with this section and rules promulgated under this section.

AB150, s. 4337 Section 4337. 144.955 (1) (a) of the statutes is repealed.

AB150, s. 4338 Section 4338. 144.955 (1) (b) of the statutes is repealed.

AB150, s. 4339 Section 4339. 144.955 (1) (bm) of the statutes is created to read:

AB150,1495,15 144.955 (1) (bm) "Council" means the hazardous pollution prevention council under s. 15.157 (5).

AB150, s. 4340 Section 4340. 144.955 (1) (c) of the statutes is amended to read:

AB150,1495,25 144.955 (1) (c) "Hazardous pollution prevention" means changes in design, production processes, plant operations or raw materials material choices that reduce or eliminate the use or production of hazardous substances, toxic pollutants and hazardous waste environmental pollution. "Hazardous pollution prevention" does not include incineration, changes in the manner of release of a hazardous substance, toxic pollutant or hazardous waste, recycling of a hazardous substance, toxic pollutant or hazardous waste outside of the process or, treatment of hazardous substances, toxic pollutants or hazardous waste after the completion of the process or post-process environmental control technology.

AB150, s. 4341 Section 4341. 144.955 (1) (d) of the statutes is repealed.

AB150, s. 4342 Section 4342. 144.955 (1) (g) of the statutes is repealed.

AB150, s. 4343 Section 4343. 144.955 (1m) (intro.) of the statutes is amended to read:

AB150,1496,7 144.955 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the department, the department of development, the board council and the program shall promote all of the following techniques for hazardous pollution prevention:

AB150, s. 4344 Section 4344. 144.955 (1m) (c) of the statutes is amended to read:

AB150,1496,10 144.955 (1m) (c) Changing processes and equipment that produce hazardous substances, toxic pollutants or hazardous waste environmental pollution.

AB150, s. 4345 Section 4345. 144.955 (2) (a) 1. of the statutes is repealed.

AB150, s. 4346 Section 4346. 144.955 (2) (a) 2. of the statutes is amended to read:

AB150,1496,18 144.955 (2) (a) 2. Recommend educational priorities to the university of Wisconsin-extension for the program, considering volume and toxicity of hazardous substances, toxic pollutants and hazardous waste environmental pollution produced, lack of compliance with environmental standards, and potential for hazardous pollution prevention and projected shortfalls in hazardous waste treatment or disposal facilities under the capacity assurance plan.

AB150, s. 4347 Section 4347. 144.955 (2) (b) of the statutes is amended to read:

AB150,1496,24 144.955 (2) (b) Identify all department requirements for environmental pollution reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the board council, the legislature and the public.

AB150, s. 4348 Section 4348. 144.955 (2) (e) of the statutes is amended to read:

AB150,1497,2 144.955 (2) (e) Assist the board council in preparing the report under sub. (3) (f) s. 560.19 (4) (d).

AB150, s. 4349 Section 4349. 144.955 (3) of the statutes is repealed.

AB150, s. 4350 Section 4350. 144.968 of the statutes is created to read:

AB150,1497,10 144.968 Cooperative remedial action. (1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.

AB150,1497,15 (2) The department may seek and receive funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort by the department and the person providing the funds to remedy that environmental contamination.

AB150,1497,17 (3) Provision of funding under sub. (2) is not evidence of liability or an admission of liability for any environmental contamination.

AB150,1497,20 (4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).

AB150, s. 4351 Section 4351. 144.98 of the statutes is amended to read:

AB150,1498,11 144.98 Enforcement; duty of department of justice; expenses. The attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 144.421 and 144.422. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The expenses incurred by the department of justice in assisting with the administration of this chapter shall be charged to the appropriation made by s. 20.370 (2) (ma) The department of natural resources may enter into agreements with the department of justice to assist with the administration of this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB150, s. 4352 Section 4352. 144.99 (title) of the statutes is amended to read:

AB150,1498,13 144.99 (title) Penalties and remedies.