SB622, s. 433
21Section
433. 144.265 of the statutes is renumbered 281.77, and 281.77 (1) (a)
22and (b), (2) (b) and (3), as renumbered, are amended to read:
SB622,162,223
281.77
(1) (a) "Private water supply"
has the meaning specified under s.
24144.442 (1) (cm), except this term excludes a well which is not a source of water for
25humans unless the well is constructed by drilling means a well that is used as a water
1supply for humans or a well that is constructed by drilling and is used as a water
2supply for livestock, as defined in s. 95.80 (1) (b), or poultry.
SB622,162,73
(b) "Regulated activity" means an activity for which the department may issue
4an order under
chs. 285 or 289 to 299 or this chapter
, except s. 281.48, if the activity
5is conducted in violation of
chs. 285 or 289 to 299 or this chapter
, except s. 281.48,
6or in violation of licenses, permits or special orders issued or rules promulgated
7under
chs. 285 or 289 to 299 or this chapter
, except s. 281.48.
SB622,162,25
8(2) (b) If the department finds that a regulated activity caused a private water
9supply to become contaminated, polluted or unfit for consumption by humans,
10livestock or poultry, and if the regulated activity is an approved facility, as defined
11in s.
144.442 (1) (a) 289.01 (3), the department may conduct a hearing under s.
12144.442 (6) 292.31 (3) (f). If the damage to the private water supply is caused by an
13occurrence not anticipated in the plan of operation which poses a substantial hazard
14to public health or welfare, the department may expend moneys in the
15environmental fund that are available for environmental repair to treat the water
16to render it drinkable, or to repair or replace the private water supply, and to
17reimburse the town, village or city for the cost of providing water under sub. (4). If
18the damage to the private water supply is not caused by an occurrence not
19anticipated in the plan of operation, if the damage does not pose a substantial hazard
20to public health or welfare, or if moneys in the environmental fund that may be used
21for environmental repair are insufficient, the department may order the owner or
22operator of the regulated activity to treat the water to render it fit for consumption
23by humans, livestock and poultry, or to repair or replace the private water supply,
24and to reimburse the town, village or city for the cost of providing water under sub.
25(4).
SB622,163,7
1(3) In any action brought by the department of justice under s.
144.98 299.95,
2if the court finds that a regulated activity owned or operated by the defendant has
3caused a private water supply to become contaminated, polluted or unfit for
4consumption by humans, livestock or poultry, the court may order the defendant to
5treat the water to render it fit for consumption by humans, livestock and poultry,
6repair the private water supply or replace the private water supply and to reimburse
7the town, village or city for the cost of providing water under sub. (4).
SB622, s. 435
10Section
435. 144.27 of the statutes is renumbered 281.92 and amended to
11read:
SB622,163,13
12281.92 Limitation. Nothing in this
subchapter chapter affects ss. 196.01 to
13196.79 or ch. 31.
SB622, s. 436
14Section
436. Subchapter III (title) of chapter 144 [precedes 144.30] of the
15statutes is repealed.
SB622, s. 437
16Section
437. 144.30 (intro.) of the statutes is repealed.
SB622, s. 438
17Section
438. 144.30 (1) and (2) of the statutes are renumbered 285.01 (1) and
18(2).
SB622, s. 439
19Section
439. 144.30 (3) and (3m) of the statutes are renumbered 285.01 (4) and
20(5), and 285.01 (4) and (5) (a), as renumbered, are amended to read:
SB622,163,2221
285.01
(4) "Air pollution control permit" means any permit required or allowed
22under s.
144.391 285.60.
SB622,164,2
23(5) (a) The apportionment among air contaminant sources of the difference
24between an ambient air quality standard and the concentration in the atmosphere
1of the corresponding air contaminant in existence at the time the rule promulgated
2under s.
144.373 285.25 becomes effective; or
SB622, s. 440
3Section
440. 144.30 (3r), (4), (5), (6) and (7) of the statutes are renumbered
4285.01 (6), (7), (8), (9) and (10).
SB622, s. 441
5Section
441. 144.30 (8) of the statutes is renumbered 285.01 (11) and amended
6to read:
SB622,164,137
285.01
(11) "Base line concentration" means concentration in the atmosphere
8of an air contaminant which exists in an area at the time of the first application to
9the U.S. environmental protection agency for a prevention of significant
10deterioration permit under
42 USC 7475 or the first application for an air pollution
11control permit under s.
144.391 285.60 for a major source located in an attainment
12area, whichever occurs first, less any contribution from stationary sources identified
13in
42 USC 7479 (4).
SB622, s. 442
14Section
442. 144.30 (9) of the statutes is renumbered 285.01 (12).
SB622, s. 443
15Section
443. 144.30 (10), (11), (12), (13) and (14) of the statutes are
16renumbered 285.01 (15), (16), (17), (18) and (19).
SB622, s. 444
17Section
444. 144.30 (14m) of the statutes is renumbered 285.01 (20) and
18amended to read:
SB622,164,2019
285.01
(20) "Growth accommodation" means the amount of volatile organic
20compounds specified in s.
144.40 285.39 (1) (a).
SB622, s. 445
21Section
445. 144.30 (15) of the statutes is renumbered 285.01 (23).
SB622, s. 446
22Section
446. 144.30 (16) of the statutes is renumbered 285.01 (24) and
23amended to read:
SB622,165,3
1285.01
(24) "Major source" means a stationary source that is capable of emitting
2an air contaminant in an amount in excess of an amount specified by the department
3by rule under s.
144.31 (1) (r) 285.11 (16).
SB622, s. 447
4Section
447. 144.30 (19e) of the statutes is renumbered 285.01 (25).
SB622, s. 448
5Section
448. 144.30 (20) of the statutes is renumbered 285.01 (26) and
6amended to read:
SB622,165,107
285.01
(26) "Modification" means any physical change in, or change in the
8method of operation of, a stationary source that increases the amount of emissions
9of an air contaminant or that results in the emission of an air contaminant not
10previously emitted, subject to rules promulgated under s.
144.31 (1) (s) 285.11 (17).
SB622, s. 449
11Section
449. 144.30 (20e) and (20s) of the statutes are renumbered 285.01 (27)
12and (29).
SB622, s. 450
13Section
450. 144.30 (21) of the statutes is renumbered 285.01 (30) and
14amended to read:
SB622,165,1715
285.01
(30) "Nonattainment area" means an area identified by the department
16in a document prepared under s.
144.371 285.23 (2) where the concentration in the
17atmosphere of an air contaminant exceeds an ambient air quality standard.
SB622, s. 451
18Section
451. 144.30 (22r) and (22rm) of the statutes are renumbered 285.01
19(34) and (36).
SB622, s. 452
20Section
452. 144.30 (22s) of the statutes is renumbered 285.01 (37) and
21amended to read:
SB622,165,2422
285.01
(37) "Replenishment implementation period" means the period between
23August 1, 1987, and December 31 of the year by which the department requires full
24compliance with rules required to be promulgated under s.
144.40 285.39 (3).
SB622, s. 453
1Section
453. 144.30 (23), (24) and (25) of the statutes are renumbered 285.01
2(41), (42) and (43).
SB622, s. 454
3Section
454. 144.31 (title) of the statutes is repealed.
SB622, s. 455
4Section
455. 144.31 (1) of the statutes is renumbered 285.11, and 285.11 (1),
5(2), (4), (6) (a), (8) and (11), as renumbered, are amended to read:
SB622,166,76
285.11
(1) Promulgate rules implementing and consistent with
ss. 144.30 to
7144.426 and 144.96 this chapter and s. 299.15.
SB622,166,9
8(2) Encourage voluntary cooperation by persons and affected groups to achieve
9the purposes of
ss. 144.30 to 144.426 and 144.96
this chapter and s. 299.15.
SB622,166,12
10(4) Collect and disseminate information and conduct educational and training
11programs relating to the purposes of
ss. 144.30 to 144.426 and 144.96 this chapter
12and s. 299.15.
SB622,166,15
13(6) (a) The measures are part of an interstate ozone control strategy
14implementation agreement under
sub. (4) s. 285.15 signed by the governor of this
15state and of the state of Illinois.
SB622,166,21
16(8) Consult, upon request, with any person proposing to construct, install, or
17otherwise acquire an air contaminant source, device or system for the control thereof,
18concerning the efficacy of such device or system, or the air pollution problem which
19may be related to the source, device or system. Nothing in any such consultation
20shall relieve any person from compliance with
ss. 144.30 to 144.426 this chapter or
21rules pursuant thereto, or any other provision of law.
SB622,166,23
22(11) Coordinate the reporting requirements under ss.
144.394 and 144.96 23285.65 and 299.15 in order to minimize duplicative reporting requirements.
SB622, s. 456
24Section
456. 144.31 (2) of the statutes is renumbered 285.13, and 285.13 (1),
25(2) and (7), as renumbered, are amended to read:
SB622,167,3
1285.13
(1) Hold hearings relating to any aspect of the administration of
ss.
2144.30 to 144.426 and 144.96 this chapter and s. 299.15 and, in connection therewith,
3compel the attendance of witnesses and the production of evidence.
SB622,167,6
4(2) Issue orders to effectuate the purposes of
ss. 144.30 to 144.426 and 144.96 5this chapter and s. 299.15 and enforce the same by all appropriate administrative
6and judicial proceedings.
SB622,167,8
7(7) Establish by rule, consistent with the federal clean air act, the amount of
8offsetting emissions reductions required under s.
144.393 285.63 (2) (a).
SB622, s. 457
9Section
457. 144.31 (3) of the statutes is renumbered 285.51, and 285.51 (1),
10(3) (intro.), (a) and (c), (4), (5) and (6), as renumbered, are amended to read:
SB622,167,1211
285.51
(1) In this
subsection section, "solid waste treatment" has the meaning
12given in s.
144.43 (7r) 289.01 (39).
SB622,167,14
13(3) (intro.) The program under
par. (b) sub. (2) does not apply with respect to
14any of the following:
SB622,167,1515
(a) A facility described in s.
159.07 287.07 (7) (bg).
SB622,167,1716
(c) A solid waste treatment facility for high-volume industrial waste as defined
17in s.
144.44 (7) 289.01 (17).
SB622,167,19
18(4) The training required under
par. (b) 2. sub. (2) (b) may be conducted by the
19department or by another person with the approval of the department.
SB622,167,23
20(5) The department may suspend or revoke a solid waste treatment facility's
21operating license if persons at the facility fail to obtain certification required under
22par. (b) 1. sub. (2) (a) or for failure to have a certified operator on the site as required
23under
par. (b) 5. sub. (2) (e).
SB622,168,2
24(6) The department may suspend or revoke an operator's certification for
25failure to comply with
ss. 144.30 to 144.426 this chapter, rules promulgated under
1those sections this chapter or conditions of operation made applicable to a solid waste
2treatment facility by the department.
SB622, s. 458
3Section
458. 144.31 (4) of the statutes is renumbered 285.15.
SB622, s. 459
4Section
459. 144.32 of the statutes is renumbered 285.71 and amended to
5read:
SB622,168,11
6285.71 Federal aid. Subdivisions of this state and interlocal agencies may
7make application for, receive, administer and expend any federal aid for the control
8of air pollution or the development and administration of programs related to air
9pollution control if first submitted to and approved by the department. The
10department shall approve any such application if it is consistent with the purposes
11of
ss. 144.30 to 144.426 this chapter and any other applicable requirements of law.
SB622, s. 460
12Section
460. 144.33 of the statutes is renumbered 285.70 and amended to
13read:
SB622,168,17
14285.70 Confidentiality of records. (1) Except as provided in sub. (2), the
15department shall make any record, report or other information obtained in the
16administration of
ss. 144.30 to 144.426 and 144.96
this chapter and s. 299.15 17available to the public.
SB622,168,24
18(2) The department shall keep confidential any part of a record, report or other
19information obtained in the administration of
ss. 144.30 to 144.426 and 144.96 this
20chapter and s. 299.15, other than emission data or an air pollution control permit,
21upon a showing satisfactory to the department by any person that the part of a
22record, report or other information would, if made public, divulge a method or process
23that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that
24person.
SB622,169,7
1(3) Subsection (2) does not prevent the disclosure of any information to a
2representative of the department for the purpose of administering
ss. 144.30 to
3144.426 and 144.96 this chapter and s. 299.15 or to an officer, employe or authorized
4representative of the federal government for the purpose of administering the
5federal clean air act. When the department provides information that is confidential
6under sub. (2) to the federal government, the department shall also provide a copy
7of the application for confidential status.
SB622, s. 461
8Section
461. 144.34 of the statutes is renumbered 285.19 and amended to
9read:
SB622,169,20
10285.19 Inspections. Any duly authorized officer, employe or representative
11of the department may enter and inspect any property, premises or place on or at
12which an air contaminant source is located or is being constructed or installed at any
13reasonable time for the purpose of ascertaining the state of compliance with
ss.
14144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated or
15permits issued under
those sections this chapter or s. 299.15. No person may refuse
16entry or access to any authorized representative of the department who requests
17entry for purposes of inspection, and who presents appropriate credentials. No
18person may obstruct, hamper or interfere with any such inspection. The department,
19if requested, shall furnish to the owner or operator of the premises a report setting
20forth all facts found which relate to compliance status.
SB622, s. 462
21Section
462. 144.36 of the statutes is renumbered 285.79, and 285.79 (3) (c)
22and (f) and (4), as renumbered, are amended to read:
SB622,170,223
285.79
(3) (c) A compliance assistance program that assists small business
24stationary sources in determining applicable requirements under
ss. 144.30 to
1144.426 and 144.96 this chapter and s. 299.15 and in receiving air pollution control
2permits in a timely and efficient manner.
SB622,170,83
(f) Procedures for consideration of a request from a small business stationary
4source for alteration of any required work practice or technological method of
5compliance with
ss. 144.30 to 144.426 this chapter or of the schedule of measures that
6must be taken to implement a required work practice or method of compliance before
7an applicable compliance date, based on the technological and financial capability
8of the small business stationary source.
SB622,170,13
9(4) Granting alterations. The department may not grant an alteration under
10sub. (3) (f) unless the alteration complies with the requirements of the federal clean
11air act and any applicable plan under s.
144.31 (1) (f) 285.11 (6). If those applicable
12requirements are set forth in federal regulations, the department may only grant
13alterations authorized in those regulations.
SB622, s. 463
14Section
463. 144.371 of the statutes is renumbered 285.23.
SB622, s. 464
15Section
464. 144.3712 of the statutes, as affected by
1995 Wisconsin Act 52,
16is renumbered 285.33, and 285.33 (1) (b) and (4) (a) 3., as renumbered, are amended
17to read:
SB622,170,2218
285.33
(1) (b) The department may, by rule, determine areas of the state, other
19than areas described under par. (a), in which the department will require employe
20trip reduction programs. The department may not require an employe trip reduction
21program in an area unless that requirement is authorized under s.
144.31 (1) (f) 22285.11 (6).
SB622,171,3
23(4) (a) 3. A reduction of emissions of volatile organic compounds, achieved after
24August 31, 1995, in the areas described under sub. (1) (a) or (b) that is equal to or
25greater than the reduction of the emissions of volatile organic compounds that would
1be achieved under a compliance plan under sub. (3) (a), if the emissions reduction is
2included in an operation permit under s.
144.391
285.60 or another document that
3is enforceable by the federal government.
SB622, s. 465
4Section
465. 144.3714 of the statutes is renumbered 285.35, and 285.35 (2) (b),
5as renumbered, is amended to read:
SB622,171,96
285.35
(2) (b) The department may, by rule, determine areas of the state, other
7than areas described under par. (a), in which the department will require clean-fuel
8vehicle programs. The department may not require a clean-fuel vehicle program in
9an area unless that requirement is authorized under s.
144.31 (1) (f) 285.11 (6).
SB622, s. 466
10Section
466. 144.3716 (title), (1) and (2) (title) and (a) of the statutes are
11renumbered 285.37 (title), (1) and (2) (title) and (a).
SB622, s. 467
12Section
467. 144.3716 (2) (am), (b) and (c) of the statutes are renumbered
13285.37 (2) (b), (c) and (d) and amended to read:
SB622,171,1814
285.37
(2) (b) The department shall issue documents that describe areas of the
15state, other than areas described under par. (a) or
(b) (c), in which the use of
16reformulated gasoline is required, if the governor designates the areas in an
17application under
42 USC 7545 (k) (6) that is approved by the administrator of the
18federal environmental protection agency.
SB622,171,2319
(c) The department may, by rule, determine areas of the state, other than areas
20described under par. (a) or
(am) (b), in which the department will require the use of
21reformulated gasoline. The department may not require the use of reformulated
22gasoline in an area unless that requirement is authorized under s.
144.31 (1) (f) 23285.11 (6).
SB622,172,3
1(d) Notwithstanding ss. 227.01 (13) and 227.10 (1), a document issued under
2par. (a) or
(am) (b) is not a rule. A document issued under par. (a) may be reviewed
3under ss. 227.42 and 227.52.
SB622, s. 468
4Section
468. 144.3716 (3) of the statutes is renumbered 285.37 (3), and 285.37
5(3) (a), as renumbered, is amended to read:
SB622,172,96
285.37
(3) (a) Except as provided in par. (b), beginning on January 1, 1995, no
7person may sell gasoline in an area described under sub. (2) (a),
(am) or (b)
or (c) 8unless the gasoline satisfies the minimum specifications for reformulated gasoline
9under s. 168.04.
SB622, s. 469
10Section
469. 144.372 of the statutes is renumbered 285.29.
SB622, s. 470
11Section
470. 144.373 of the statutes is renumbered 285.25.
SB622, s. 471
12Section
471. 144.374 of the statutes is renumbered 285.62 (11).
SB622, s. 472
13Section
472. 144.375 (title) of the statutes is repealed.
SB622, s. 473
14Section
473. 144.375 (1), (2) and (3) of the statutes are renumbered 285.21 (1),
15(2) and (3), and 285.21 (1) (a) and (2), as renumbered, are amended to read:
SB622,172,1916
285.21
(1) (a)
Similar to federal standard. If an ambient air quality standard
17is promulgated under section 109 of the federal clean air act, the department shall
18promulgate by rule a similar standard but this standard may not be more restrictive
19than the federal standard except as provided under sub.
(6) (4).
SB622,172,24
20(2) Ambient air increment. The department shall promulgate by rule ambient
21air increments for various air contaminants in attainment areas. The ambient air
22increments shall be consistent with and not more restrictive, either in terms of the
23concentration or the contaminants to which they apply, than ambient air increments
24under the federal clean air act except as provided under sub.
(6) (4).
SB622, s. 474
1Section
474. 144.375 (4), (5) and (5m) of the statutes are renumbered 285.27
2(1), (2) and (3), and 285.27 (1) (a) and (c) and (2) (a) and (c), as renumbered, are
3amended to read:
SB622,173,84
285.27
(1) (a)
Similar to federal standard. If a standard of performance for new
5stationary sources is promulgated under section 111 of the federal clean air act, the
6department shall promulgate by rule a similar emission standard but this standard
7may not be more restrictive in terms of emission limitations than the federal
8standard except as provided under sub.
(6) (4).