Amendment ASA1-AB40

AB40-ASA1,1123,2 283.33 (1) (am) A discharge from a discernible, confined, and discrete conveyance of storm water associated with a construction site, including a construction site for a building, that meets criteria in rules promulgated by the department.

AB40-ASA1,2100 Section 2100. 283.33 (4) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1123,8 283.33 (4) (a) (intro.) In addition to obtaining a permit under this section, the owner or operator of an industrial activity described in sub. (1) (a) or (am) that discharges storm water through a municipal separate storm sewer system described in sub. (1) (b) to (cr) shall submit the following information to the owner or operator of the municipal separate storm sewer system:

AB40-ASA1,2101 Section 2101. 283.33 (5) of the statutes is amended to read:

AB40-ASA1,1123,12 283.33 (5) Other dischargers. A person who is required to obtain a permit under sub. (1) (a), (am), or (d) may apply for an individual permit or request coverage under a general permit issued by the department under s. 283.35.

AB40-ASA1,2102 Section 2102. 283.33 (7) of the statutes is amended to read:

AB40-ASA1,1123,18 283.33 (7) Petitions. The owner or operator of a municipal separate storm sewer system may petition the department to require a permit under this section for any discharge through the municipal separate storm sewer system. The department may approve the petition only if a permit for the discharge is required under sub. (1) (a), (am), or (d).

AB40-ASA1,2103 Section 2103. 283.35 (1m) (c) of the statutes is amended to read:

AB40-ASA1,1123,21 283.35 (1m) (c) Paragraph (b) does not apply after June 30, 2013 December 31, 2015.

AB40-ASA1,2104 Section 2104. 283.35 (1m) (d) of the statutes is repealed.

AB40-ASA1,2104i Section 2104i. 285.11 (19) of the statutes is created to read:

AB40-ASA1,1124,2 285.11 (19) Annually, contact the owners or operators of stationary sources that have operation permits under s. 285.60 and that are not required to have operation permits under the federal clean air act to inform the owners and operators of the benefits of obtaining a registration permit or an exemption under s. 285.60.

AB40-ASA1,2104jc Section 2104jc. 285.17 (title) of the statutes is amended to read:

AB40-ASA1,1124,5 285.17 (title) Classification, reporting and, monitoring, and record keeping.

AB40-ASA1,2104je Section 2104je. 285.17 (4) of the statutes is created to read:

AB40-ASA1,1124,13 285.17 (4) The department shall evaluate the reporting, monitoring, and record-keeping requirements it imposes, as of the effective date of this subsection .... [LRB inserts date], on owners and operators of stationary sources that are required to have operation permits under s. 285.60 but that are not required to have operation permits under the federal clean air act. The department shall promulgate rules that simplify, reduce, and make more efficient those requirements, consistent with any applicable requirements under the federal clean air act.

AB40-ASA1,2104k Section 2104k. 285.31 (6) of the statutes is created to read:

AB40-ASA1,1124,22 285.31 (6) Vapor recovery system removal grants. (a) The department shall administer a program to provide grants to owners and operators of retail stations for eligible costs incurred after April 15, 2012, to remove vapor control systems described in sub. (3) (a). The maximum grant under this subsection is 50 percent of eligible costs of removing a vapor control system from a retail station or $8,000, whichever is less. The department shall award grants under this subsection in the order in which applications are received and may not award a grant after June 30, 2015.

AB40-ASA1,1124,25 (b) The department shall promulgate rules for the administration of the program under this subsection, including rules specifying which costs are eligible costs.

AB40-ASA1,2104n Section 2104n. 285.60 (2g) (am) of the statutes is created to read:

AB40-ASA1,1125,5 285.60 (2g) (am) Registration permit for certain sources. Subject to sub. (8), the department shall issue a registration permit authorizing the construction or operation or both for any stationary source with actual emissions that do not exceed 50 percent of any applicable major source threshold under s. 285.11 (16).

AB40-ASA1,2104q Section 2104q. 285.60 (6) (title) of the statutes is amended to read:

AB40-ASA1,1125,7 285.60 (6) (title) Exemption by rule.

AB40-ASA1,2104r Section 2104r. 285.60 (6) (c) of the statutes is created to read:

AB40-ASA1,1125,10 285.60 (6) (c) 1. Subject to sub. (8), the department shall exempt natural minor sources from the requirement to obtain an operation permit.

AB40-ASA1,1125,12 2. The department may define "natural minor source" by rule for the purposes of this paragraph.

AB40-ASA1,1125,15 3. The department shall seek approval from the federal environmental protection agency of any changes to the state implementation plan under the federal clean air act that are necessary to implement subd. 1.

AB40-ASA1,2104w Section 2104w. 285.69 (2) (title) of the statutes is amended to read:

AB40-ASA1,1125,18 285.69 (2) (title) Fees Emission fees for persons required to have federal operation permits.

AB40-ASA1,2105 Section 2105. 285.69 (2) (a) 1. of the statutes is repealed.

AB40-ASA1,2106 Section 2106. 285.69 (2) (a) 2. of the statutes is repealed.

AB40-ASA1,2107 Section 2107. 285.69 (2) (a) 3. of the statutes is repealed.

AB40-ASA1,2108 Section 2108. 285.69 (2) (a) 4. of the statutes is repealed.

AB40-ASA1,2109 Section 2109. 285.69 (2) (a) 5. of the statutes is amended to read:

AB40-ASA1,1126,3 285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant source in excess of 5,000 tons per year of each regulated pollutant , except that, subject to par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

AB40-ASA1,2110 Section 2110. 285.69 (2) (a) 6. of the statutes is repealed.

AB40-ASA1,2111 Section 2111. 285.69 (2) (a) 7. of the statutes is repealed.

AB40-ASA1,2112 Section 2112. 285.69 (2) (a) 9. of the statutes is repealed.

AB40-ASA1,2113 Section 2113. 285.69 (2) (a) 10. of the statutes is repealed.

AB40-ASA1,2114 Section 2114. 285.69 (2) (a) 11. of the statutes is repealed.

AB40-ASA1,2115 Section 2115. 285.69 (2) (a) 12. of the statutes is created to read:

AB40-ASA1,1126,11 285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter equals $35.71 per ton of emissions specified under subd. 8.

AB40-ASA1,2119 Section 2119. 285.69 (2) (b) of the statutes is repealed.

AB40-ASA1,2120 Section 2120. 285.69 (2) (e) of the statutes is amended to read:

AB40-ASA1,1126,17 285.69 (2) (e) Beginning in 2001 and ending in 2012, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of 86 cents per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

AB40-ASA1,2120m Section 2120m. 285.69 (2e) of the statutes is created to read:

AB40-ASA1,1126,20 285.69 (2e) Facility fees for persons required to have federal operation permits. (a) In this subsection:

AB40-ASA1,1126,22 1. "Electric generating source" means a stationary source the primary purpose of which is to generate electricity.

AB40-ASA1,1127,2 2. "Federal construction permit source" means a stationary source that was subject to a major source construction permit requirement necessary to implement the requirements of 42 USC 7470 to 7492 or 42 USC 7501 to 7515 for any portion of the preceding year.

AB40-ASA1,1127,6 3. "Maximum achievable control technology source" means a stationary source that was subject to regulation under 42 USC 7412 for any portion of the preceding year, except for a stationary source that was subject solely to regulation under 42 USC 7412 (d) (5) or (r).

AB40-ASA1,1127,9 4. "New source performance standards source" means a stationary source that was subject to regulation under 42 USC 7411 or 7429 (a) for any portion of the preceding year.

AB40-ASA1,1127,13 (b) Annually, beginning in 2014, in addition to the fees under sub. (2), the owner or operator of a stationary source for which an operation permit was required under the federal clean air act for any portion of the preceding year shall pay the sum of the following:

AB40-ASA1,1127,14 1. A base fee in the following amount:

AB40-ASA1,1127,16 a. If in the preceding year the stationary source emitted not more than 10 tons of the air contaminants on which the fee under sub. (2) (a) is based, $900.

AB40-ASA1,1127,19 b. If in the preceding year the stationary source emitted more than 10 tons but not more than 25 tons of the air contaminants on which the fee under sub. (2) (a) is based, $1,300.

AB40-ASA1,1127,22 c. If in the preceding year the stationary source emitted more than 25 tons but not more than 50 tons of the air contaminants on which the fee under sub. (2) (a) is based, $1,600.

AB40-ASA1,1127,25 d. If in the preceding year the stationary source emitted more than 50 tons but not more than 80 tons of the air contaminants on which the fee under sub. (2) (a) is based, $2,300.

AB40-ASA1,1128,2 e. If in the preceding year the stationary source emitted more than 80 tons of the air contaminants on which the fee under sub. (2) (a) is based, $3,000.

AB40-ASA1,1128,4 2. If the stationary source is a maximum achievable control technology source, a fee of $960.

AB40-ASA1,1128,6 3. If the stationary source is a new source performance standards source, a fee of $960.

AB40-ASA1,1128,8 4. If the stationary source is a federal construction permit source, a fee of $1,500.

AB40-ASA1,1128,11 5. If the stationary source is an electric generating source that is not publicly owned and that included a coal-fired generating unit for any portion of the preceding year, a fee of $46,980.

AB40-ASA1,1128,14 (c) The fees collected under this subsection shall be credited to the appropriation accounts under s. 20.370 (2) (bg), (3) (bg), (8) (mg), and (9) (mh) for the purposes in sub. (2) (c) 1. and 2.

AB40-ASA1,1128,16 (d) The department may promulgate rules for the payment and collection of the fees required under this subsection.

AB40-ASA1,2121 Section 2121. 285.69 (2m) (a) of the statutes is amended to read:

AB40-ASA1,1128,21 285.69 (2m) (a) The owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $300 $400 per year, except as provided in par. (b).

AB40-ASA1,2121e Section 2121e. 285.72 of the statutes is created to read:

AB40-ASA1,1129,4 285.72 Air quality monitoring station. From the appropriation under s. 20.370 (2) (ce), the department shall fund the construction, operation, and maintenance of an air quality monitoring station in a county identified in its entirety as a nonattainment area for the 2008 8-hour national ambient air quality standard for ozone under 40 CFR 50.15 for the purpose of assessing ozone concentrations. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20.

AB40-ASA1,2122 Section 2122. 292.11 (2) (e) of the statutes is repealed.

AB40-ASA1,2123 Section 2123. 292.11 (7) (a) of the statutes is amended to read:

AB40-ASA1,1129,12 292.11 (7) (a) Subject to ss. s. 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.

AB40-ASA1,2124 Section 2124. 292.11 (7) (c) of the statutes is amended to read:

AB40-ASA1,1129,17 292.11 (7) (c) Subject to ss. s. 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).

AB40-ASA1,2125 Section 2125. 292.12 (1) (a) of the statutes is amended to read:

AB40-ASA1,1129,24 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB40-ASA1,2126 Section 2126. 292.31 (7) (d) of the statutes is created to read:

AB40-ASA1,1130,6 292.31 (7) (d) The department may enter into an agreement with a responsible party under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 to 9675, to provide management and technical support for a remedial action under the act. A responsible party shall reimburse the department for the costs the department incurs under an agreement, using the hourly billing rate calculated under s. NR 750.07 (2), Wis. Adm. Code.

AB40-ASA1,2127 Section 2127. 292.99 (1) of the statutes is amended to read:

AB40-ASA1,1130,12 292.99 (1) Except as provided under sub. (1m) and s. 292.63 (10), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

AB40-ASA1,2128 Section 2128. 299.07 (1) (a) 6m. of the statutes is created to read:

AB40-ASA1,1130,14 299.07 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).

AB40-ASA1,2129 Section 2129. 299.08 (1) (a) 6m. of the statutes is created to read:

AB40-ASA1,1130,16 299.08 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).

AB40-ASA1,2130 Section 2130. 299.09 (1) of the statutes is amended to read:

AB40-ASA1,1130,21 299.09 (1) In this section, "approval" means a well driller license under s. 280.15 (2m), certification for an incinerator operator under s. 285.51 (2), or certification for an operator of a solid waste disposal facility under s. 289.42 (1), or certification of a consultant under s. 292.63 (2) (g).

AB40-ASA1,2131 Section 2131. 301.08 (1) (c) 4. of the statutes is amended to read:

AB40-ASA1,1130,25 301.08 (1) (c) 4. If the department collects any moneys from a vendor under a contract under subd. 2., the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge) (gf).

AB40-ASA1,2132 Section 2132. 301.235 (2) (a) 1. of the statutes is amended to read:

AB40-ASA1,1131,7 301.235 (2) (a) 1. Without limitation by reason of any other statute except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.