LRB-0769/1
MCP:kjf
2015 - 2016 LEGISLATURE
January 15, 2016 - Introduced by Senators Vinehout,
Harris Dodd, Miller and
Ringhand, cosponsored by Representatives Danou,
Berceau, Billings,
Brostoff, Considine, Goyke, Mason, Milroy, Ohnstad, Sinicki, Spreitzer,
Subeck, C. Taylor, Wachs and Zepnick. Referred to Committee on Natural
Resources and Energy.
SB577,1,3
1An Act to create 285.17 (2) (am) and 285.21 (1) (c) of the statutes;
relating to:
2regulating and monitoring airborne particulate matter and respirable silica
3and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires an owner or operator of an industrial sand mining or
processing facility to monitor the ambient air near the facility for small crystalline
silica particles and other particulate matter and report the results to the Department
of Natural Resources (DNR). Under current law, DNR may require an owner or
operator of an air contaminant source to monitor the ambient air near the air
contaminant source and report the results.
This bill also requires DNR to promulgate an ambient air quality standard for
small crystalline silica particles. Under current law, DNR may promulgate an
ambient air quality standard for an air contaminant for which a standard has not
been promulgated under the federal Clean Air Act, but only if certain conditions are
met. Silica is not a contaminant for which a standard has been promulgated under
the federal Clean Air Act. This bill allows DNR to promulgate an ambient air quality
standard for crystalline silica without meeting the conditions required under current
law.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB577,1
1Section
1. 285.17 (2) (am) of the statutes is created to read:
SB577,2,92
285.17
(2) (am) The department shall, by rule or in an operation permit, require
3an owner or operator of an industrial sand mining or processing facility to set up and
4operate no fewer than 2 monitors to monitor the ambient air in the vicinity of the
5facility for crystalline silica particles with a diameter of less than 4 micrometers,
6particulate matter with a diameter of less than 10 micrometers, and particulate
7matter with a diameter of less than 2.5 micrometers, and report the results of the
8monitoring to the department. The department shall specify methods for conducting
9the monitoring and for analyzing the results of the monitoring.
SB577,2
10Section
2. 285.21 (1) (c) of the statutes is created to read:
SB577,2,1411
285.21
(1) (c)
Standard for respirable silica. The department shall promulgate
12an ambient air quality standard and increments for crystalline silica particles with
13a diameter of less than 4 micrometers. The findings and documentation required
14under par. (b) do not apply to standards promulgated under this paragraph.
