Register

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Environmental Assessment

Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Notice is hereby further given that pursuant to ss. 227.11(2)(a), 227.24 and 292.75, Stats., interpreting s. 292.75, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. CF-29-00(E) creating ch. NR 168, Wis. Adm. Code, relating to the brownfield site assessment grant program.

Hearing Information

June 12, 2000   Room 158

Monday   West Central Region Hdqrs.

at 1:00 p.m.   1300 W. Clairemont

  Eau Claire

June 13, 2000   Conference Room A

Tuesday   Courthouse Annex

at 10:00 a.m.   1462 Strong Street

  Stevens Point

June 15, 2000   Public Library

Thursday   106 Washington Avenue

at 10:00 a.m.   Oshkosh

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Valerie Thomas at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule and the emergency rule may be submitted to Ms. Valerie Thomas, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than June 26, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [CF-30-00], emergency rule and fiscal estimate may be obtained from Ms. Thomas.

Fiscal Estimate

There is no fiscal effect.

Notice of Hearings

Natural Resources

(Environmental Protection-
Air Pollution Control, Chs. NR 400-)

[CR 00-96]

Notice is hereby given that pursuant to ss. 227.11(2)(a) and 285.11(1), Stats., interpreting s. 285.11(6), Stats., and revising the State Implementation Plan developed under that section, the Department of Natural Resources will hold public hearings on proposed revisions to chs. NR 400, 410, 423, 428, 439 and 485, Wis. Adm. Code, relating to an one-hour ozone air quality standard attainment plan. These revisions include nitrogen oxide (NOx) and volatile organic compound (VOC) emission controls focused on meeting federal requirements for reasonable further progress, reasonably available control technology (RACT) VOC emission limits for industrial clean-up, and, an excess VOC emissions fee. This Ozone SIP plan revision includes a modeled attainment of the ozone standard in all areas of Wisconsin by the Clean Air Act's 2007 attainment date.

The ozone formation (“photochemical") modeling demonstration shows attainment by 2007 under the assumption that upwind states that have been shown by EPA to contribute significantly to Wisconsin's ozone problem comply with the NOx reduction objectives of EPA's NOx SIP call by the 2005 ozone season. The demonstration also assumes that existing federal rules and actions controlling emissions from mobile sources achieve their projected benefits.

To address rate-of-progress and attainment requirements, the proposed rules establish a program of NOx emission reductions focused on large combustion sources such as power plants, industrial boilers and other stationary sources. The rules involve a series of minimum emission performance standards for various new and existing NOx sources by size and type. The rules establish Primary and Secondary Ozone Control Regions to define where and when NOx emission limitations apply. The rules establish a corporate system-average emission rate for the largest coal boilers starting in May, 2002 with downward adjustment to the maximum allowed average NOx emission rate in 2005 and 2007. In the proposed rules, the emission limits and system-average emission rate limits only apply to a 9-county Primary Ozone Control Region. To further address attainment of the 1-hour standard, the agency is proposing to depend on voluntary NOx emission reduction commitments from large NOx sources in the 21 county Secondary Control Region that are shown to impact the 1-hour ozone concentrations in the Wisconsin nonattainment and maintenance areas during ozone episodes.

The proposed rules establish a NOx emissions offset requirement for new sources for a 30 county portion of the state that includes the Primary and Secondary Ozone Control Regions. The rules establish compliance, monitoring, recordkeeping and reporting requirements associated with the NOx emissions performance, and burner tune-up/combustion optimization requirements.

In addition to establishing NOx emission limitations for stationary sources, the proposed plan revisions include optional approaches to rate-of-progress plans for 2002, 2005 and 2007. These options address emission reductions from instituting pass/fail cutpoints for NO x in the state's vehicle emissions testing program starting in May, 2001 and from applying the proposed NOx emissions performance limits and tune-up/optimization requirements to only a smaller set of the larger electric utility sources. The emissions projections associated with these attainment revisions establish mobile sector VOC and NOx emissions budgets for the purposes of future transportation plan conformity determinations.

The plan includes a required Reasonably Available Control Technology (RACT) rule for the control of VOC from industrial clean-up solvent activities at major sources in the 9 county Primary Ozone Control Region. The plan also includes a rule for an excess emissions fee for a portion of VOC emitted by major sources in the six severe ozone counties of southeastern Wisconsin that would apply starting in 2008 if the counties do not attain the 1-hour ozone standard in 2007.

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Environmental Assessment

Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Informational Meetings

Notice is hereby further given that the Department will conduct 2 informational meetings in order to provide additional background on the proposed plan and proposed rule revisions and to answer technical questions prior to the public hearings on the proposed revisions. The informational meetings will be held on:

June 14, 2000   Natural Resources Bldg. (GEF 2)

Wednesday   Room 027

at 1:30 p.m.   101 South Webster St

  Madison, WI

June 16, 2000   DNR Southeast Region
Friday   Headquarters

at 10:00 a.m.   Room 140-141

  2300 N. Dr. Martin Luther
  King Jr. Blvd

  Milwaukee, WI

Hearing Information

Notice is hereby further given that the public hearings on the proposed rule revisions will be held on:

June 27, 2000   Kenosha County Center

Tuesday   Hearing Room

at 1:00 p.m.   Jct. Highways 45 and 50

  Kenosha, WI

June 28, 2000   Havenwoods State Forest

Wednesday   Auditorium

at 1:00 p.m.   6141 N. Hopkins St

  Milwaukee, WI

June 29, 2000   Appleton Public Library

Thursday   Auditorium

at 1:00 p.m.   225 N. Oneida St

  Appleton, WI

Additional technical materials supporting the proposed attainment plan, its technical assumptions regarding modeling and emissions and these proposed rule revisions are available from the Department. Please call Robert Lopez at [phone] regarding these materials, or visit the Bureau of Air Management, Wisconsin DNR website, which is located at the following Internet address: http://www. dnr.state.wi.us/org/aw/air/hot/1hrsip_p3.htm.

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Lopez at [phone] with specific information on your request at least 10 days before the date of the scheduled public hearing.

Written comments on the proposed rule revisions may be submitted to Mr. Robert Lopez, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than July 14, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings.

Copies of Rules and Fiscal Estimate

A copy of proposed AM-27-00 and its fiscal estimate may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone:[phone]

FAX: [phone]

Fiscal Estimate

FISCAL IMPACT - The Department of Natural Resources is not expected to incur additional cost for administering the proposed rule. It is part of the Bureau of Air Management's ongoing responsibilities to achieve the 1-hour ozone standard and to issue permits connected with that objective.

The proposed rule potentially affects six heating and cooling boilers at University of Wisconsin facilities operated by the Department of Administration (DOA). These facilities are required to meet combustion optimization or tune-up requirements to operate in a low NOx combustion profile. This may require the installation of monitoring equipment to maintain operation in this mode, but does not require any additional control equipment. Operating in a low NOx mode usually coincides with increased boiler efficiency and therefore savings in fuel cost. This saving is expected to offset the potential costs to yield cost savings. Under a high capital cost for continuous monitoring to insure efficiency gains the maximum net costs are expected to be in the range of under $1,000 per year (current estimate is $50 per year). The proposed rule also requires an emission rate limit for three large boilers at the UW-Milwaukee facility. However, the DOA is currently installing low NOx burners as part of their regular burner replacement and expects to meet the proposed limit. Therefore, there is no additional cost assumed for this facility.

The proposed rule also affects the local government owned Manitowoc Public Utility facility. The proposed rule imposes emission rate limits on three boilers below current operating levels. Meeting these emission rates is expected to require an optimization procedure and potentially a modification of existing equipment to operate in a low NOx combustion mode. The efficiency gains and fuel savings are expected to offset capital costs of these actions as well as the installation of appropriate monitoring equipment for annual cost savings of $40,000. However, monitoring equipment may incur a maximum annual cost of $30,000 to ensure the efficiency gains and low NOx operating mode.

Fiscal Estimate -NOx Controls at Government-Owned Facilities

Government Source	Total Annual Cost ($)	$/ton Reduction
Manitowoc Public Utility	under 30,000 to (-40,000)	(-200) to 140
Dept. of Administration	under 1,000 to (-10,000)	(-5,000) to 40