AB1221, s. 2
10Section
2. 283.11 (2) (b) of the statutes is repealed.
AB1221, s. 3
11Section
3. 283.11 (3) (a) of the statutes is amended to read:
AB1221,4,1812
283.11
(3) (a)
Standards for nitrogen and disinfection. Notwithstanding sub.
13(1) or (2), the The department may promulgate by rule effluent limitations
14representing the best available demonstrated control technology, processes,
15operating methods or other alternatives concerning the discharge of nitrogen
16compounds and concerning the disinfection of sanitary wastewaters if the U.S.
17environmental protection agency has not promulgated an effluent limitation,
18effluent standard or prohibition concerning this type of discharge or disinfection.
AB1221, s. 4
19Section
4. 283.11 (3) (am) of the statutes is amended to read:
AB1221,4,2520
283.11
(3) (am)
Standards for phosphorous. Notwithstanding sub. (1) or (2),
21the The department shall promulgate by rule effluent limitations representing the
22best available demonstrated control technology, processes, operating methods or
23other alternatives concerning the discharge of phosphorous if the U.S.
24environmental protection agency has not promulgated an effluent limitation,
25effluent standard or prohibition concerning this type of discharge.
AB1221, s. 5
1Section
5. 283.11 (3) (d) of the statutes is repealed.
AB1221, s. 6
2Section
6. 283.11 (4) (a) (intro.) of the statutes is amended to read:
AB1221,5,73
283.11
(4) (a)
Authorization. (intro.)
Notwithstanding sub. (1) or (2), the The 4department may promulgate by rule, under s. 283.21, a toxic effluent standard or
5prohibition applicable to a category or class of point sources for the discharge of an
6identified toxic pollutant, if the U.S. environmental protection agency has not done
7either of the following for that identified toxic pollutant:
AB1221, s. 7
8Section
7. 283.11 (4) (e) of the statutes is repealed.
AB1221, s. 8
9Section
8. 285.11 (6) (intro.) of the statutes is amended to read:
AB1221,5,2010
285.11
(6) (intro.) Prepare and develop one or more comprehensive plans for
11the prevention, abatement and control of air pollution in this state. The department
12thereafter shall be responsible for the revision and implementation of the plans. The
13rules or control strategies submitted to the federal environmental protection agency
14under the federal clean air act for control of atmospheric ozone
shall conform with 15may be more restrictive than the federal clean air act
unless, based on the
16recommendation of if the natural resources board or the
head of the department, as
17defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that
18promulgates a rule or establishes a control strategy, the governor
secretary 19determines that
the measures
beyond those required by the federal clean air act meet
20any of the following criteria:
AB1221, s. 9
21Section
9. 285.11 (6) (c) of the statutes is created to read:
AB1221,5,2322
285.11
(6) (c) The measures are necessary to protect the public health, safety,
23or welfare or the environment.
AB1221, s. 10
24Section
10. 285.11 (16) of the statutes is amended to read:
AB1221,6,5
1285.11
(16) Promulgate rules,
consistent with but no more at least as 2restrictive
than as the federal clean air act
, and regulations promulgated under that
3act that specify the amounts of emissions that result in a stationary source being
4classified as a major source and that may limit the classification of a major source
5to specified categories of stationary sources and to specific air contaminants.
AB1221, s. 11
6Section
11. 285.11 (17) of the statutes is amended to read:
AB1221,6,117
285.11
(17) Promulgate rules,
consistent with at least as restrictive as the
8federal clean air act
and regulations promulgated under that act, that modify the
9meaning of the term "modification" as it relates to specified categories of stationary
10sources, to specific air contaminants and to amounts of emissions or increases in
11emissions.
AB1221, s. 12
12Section
12. 285.21 (1) (a) of the statutes is amended to read:
AB1221,6,1613
285.21
(1) (a)
Similar to federal standard. If an ambient air quality standard
14is promulgated under section 109 of the federal clean air act, the department shall
15promulgate by rule a
similar standard
but this standard may not be more that is at
16least as restrictive
than as the federal standard
except as provided under sub. (4).
AB1221, s. 13
17Section
13. 285.21 (1) (b) (intro.) of the statutes is renumbered 285.21 (1) (b)
18and amended to read:
AB1221,7,219
285.21
(1) (b)
Standard to protect health
or, safely, welfare, or the environment. 20If an ambient air quality standard for any air contaminant is not promulgated under
21section 109 of the federal clean air act, the department may promulgate an ambient
22air quality standard if the department finds
, based on credible information, that the
23standard is needed to provide adequate protection for public health
, safety, or welfare
24or the environment.
The department may not make this finding for an air
1contaminant unless the finding is supported with written documentation that
2includes all of the following:
AB1221, s. 14
3Section
14. 285.21 (1) (b) 1. to 4. of the statutes are repealed.
AB1221, s. 15
4Section
15. 285.21 (2) of the statutes is amended to read:
AB1221,7,105
285.21
(2) Ambient air increment. The department shall promulgate by rule
6ambient air increments for various air contaminants in attainment areas. The
7ambient air increments shall be
consistent with and not more at least as restrictive,
8either in terms of the concentration
or and the contaminants to which they apply,
9than as ambient air increments under the federal clean air act
except as provided
10under sub. (4).
AB1221, s. 16
11Section
16. 285.21 (4) of the statutes is repealed.
AB1221, s. 17
12Section
17. 285.23 (1) of the statutes is amended to read:
AB1221,7,1913
285.23
(1) Procedures and criteria. The department shall promulgate by rule
14procedures and criteria to identify a nonattainment area and to reclassify a
15nonattainment area as an attainment area.
After February 6, 2004, the department
16may not identify a county as part of a nonattainment area under the federal clean
17air act if the concentration of an air contaminant in the atmosphere in that county
18does not exceed an ambient air quality standard, unless under the federal clean air
19act the county is required to be designated as part of a nonattainment area.
AB1221, s. 18
20Section
18. 285.27 (1) (a) of the statutes is amended to read:
AB1221,8,221
285.27
(1) (a)
Similar to federal standard. If a standard of performance for new
22stationary sources is promulgated under section 111 of the federal clean air act, the
23department shall promulgate by rule a similar emission standard
, including
24administrative requirements that are consistent with the federal administrative
25requirements, but this standard may not be more that is at least as restrictive in
1terms of emission limitations
than as the federal standard
except as provided under
2sub. (4).
AB1221, s. 19
3Section
19. 285.27 (2) (a) of the statutes is amended to read:
AB1221,8,104
285.27
(2) (a)
Similar to federal standard. If an emission standard for a
5hazardous air contaminant is promulgated under section 112 of the federal clean air
6act, the department shall promulgate by rule a similar standard
, including
7administrative requirements that are consistent with the federal administrative
8requirements, but this standard may not be more that is at least as restrictive in
9terms of emission limitations
than as the federal standard
except as provided under
10sub. (4).
AB1221, s. 20
11Section
20. 285.27 (2) (b) (intro.) of the statutes is renumbered 285.27 (2) (b)
12and amended to read:
AB1221,8,2013
285.27
(2) (b)
Standard to protect public health, safety, or welfare or the
14environment. If an emission standard for a hazardous air contaminant is not
15promulgated under section 112 of the federal clean air act, the department may
16promulgate an emission standard for the hazardous air contaminant if the
17department finds the standard is needed to provide adequate protection for public
18health
, safety, or welfare
or the environment The department may not make this
19finding for a hazardous air contaminant unless the finding is supported with written
20documentation that includes all of the following:.
AB1221, s. 21
21Section
21. 285.27 (2) (b) 1. to 4. of the statutes are repealed.
AB1221, s. 22
22Section
22. 285.27 (4) of the statutes is repealed.
AB1221, s. 23
23Section
23. 285.60 (6) (a) of the statutes is renumbered 285.60 (6).
AB1221, s. 24
24Section
24. 285.60 (6) (b) of the statutes is repealed.