Subject
Revises Chapters
NR 405,
406,
407,
408,
409 and
439, Wis. Adm. Code, incorporating updates from statutory changes, federal rules, providing consistency within the rules, updating outdated language and providing clarification where appropriate.
Objective of the Rule
The main objective of the proposed rule is to update permit language in chapters NR 406 and NR 407 regarding federal Generally Available Control Technology (GACT) rules for hazardous air pollutants. The current rules do not exempt certain source categories from the federal standard as is done on the federal level.
Also, current regulations require that operation permit renewal applications be submitted 12-18 months prior to the expiration date for the operation permit. A statutory revision has changed the 12-18 timeframe to no later than six months prior to expiration of the operation permit.
Biodiesel fuel will be added as an alternate clean fuel, not requiring a permit modification in order for a facility to burn it.
The proposal would also amend current rule language to require two copies of permit application materials be submitted to the Bureau of Air Management. This would include requests for exemptions from permitting, and construction permit waivers. The requirement of two copies would not apply to Asbestos Abatement Notifications which also require a review for construction permit exemption purposes.
Other changes would be for consistency, updating outdated rule language and providing clarification where needed.
Policy Analysis
The USEPA periodically promulgates corrections, updates and new standards. The Department is required by statute to promulgate similar standards. While some changes may be necessary to accommodate our Administrative Code structure, the state rules will be essentially the equivalent to the Federal rules already in effect. Some substantive changes will proposed, as mentioned above.
Statutory Authority
Comparison with Federal Regulations
A major purpose of this proposed rule package is to amend Wisconsin's regulations to update them from statutory language and to be consistent with federal standards which is required under s.
285.21 (1) (a), Stats.
Entities Affected by the Rule
All facilities that are required to get an Air Pollution Control Permit, and sources regulated by the federal standards will be affected by this proposed rule.
Estimate of Time Needed to Develop the Rule
Approximately 150 hours of agency staff time is being budgeted to this proposed rule action.
Contact Information
Joe Brehm
DNR - Bureau of Air Management
PO Box 7921
Madison, WI 53704
608-267-7541
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapter
NR 433, relating to Best Available Control Technology (BART), for certain major stationary sources that adversely affect visibility.
Objective of the Rule
The existing state BART rule allows the owner or operator of electric generating units that would otherwise be affected by BART to avoid completing assessments for SO2 and NOx, if the units comply with the Federal Clean Air Interstate Rule (CAIR). However, in light of the vacatur of the Federal CAIR in Federal Court, these electric generating units are now BART affected sources and the owner or operator must complete BART assessments. The objective of the proposed rule changes is to provide additional time and flexibility for compliance with BART for these units due to the size and complexity of SO2 and NOx control equipment for electric generating units. Additionally, the Department may make minor changes to the existing BART rule to improve clarity.
Policy Analysis
BART requires a source by source engineering analysis to determine what controls are necessary to improve visibility at certain National Parks and other scenic areas. EPA's BART rule allows for emissions averaging programs that would improve visibility more than the application of source-specific BART. The Department is proposing to add that flexibility to the State's existing BART rule. The Board has previously adopted rules that allow emissions averaging or emissions trading for electric power producers including the State's rule to implement CAIR, Reasonably Available Control Technology for NOx and the multi-pollutant control option in the mercury rule. Adding this flexibility to the existing BART rule is consistent with the Board's previous policy.
Installation of BART control equipment for the electric utilities is likely to take longer than for industrial boilers, because the equipment is very large compared to industrial applications, the need to maintain electric reliability, and the power producers also need approval from the Public Service Commission. The proposed rule changes would allow additional time for compliance.
Statutory Authority
Section
227.11 (2) (a), Stats., gives state agencies general rulemaking authority. Sections
285.11 (1), Stats., gives the Department the authority to develop rules consistent with chapter 285, Stats. Section
285.11 (6), Stats., authorizes the Department to develop and revise the State Implementation Plan for prevention, abatement and control of air pollution.
Comparison with Federal Regulations
The proposed changes to the existing BART rule are allowed under EPA's visibility protection rules.
Entities Affected by the Rule
Major electric power producers and large paper mills are the only entities affected by the rule.
Estimate of Time Needed to Develop the Rule
Rule development will take between 400 and 500 hours of staff time.
Contact Information
Larry Bruss
101 S. Webster Street
Madison, WI 53703
608-267-7543
Natural Resources
Environmental Protection — Solid Waste Management,
Chs.
NR 500—
Subject
Revises Chapters
NR 502 and
518, relating to compost use and facility standards.
Objective of the Rule
This proposed rulemaking would add numerical quality standards for compost derived from source separated yard materials, food scraps and nonrecyclable paper to ch.
NR 518, Wis. Adm. Code. It would also modify existing compost facility standards in s.
NR 502.12, Wis. Adm. Code to facilitate composting these organic materials to meet the numerical quality standards while maintaining necessary environmental and public health protections.
Policy Analysis
The Associated Recyclers of Wisconsin (AROW) petitioned the department's Division of Air & Waste for rulemaking to establish compost use standards for compost made from certain well-defined and uncontaminated feedstocks such as food scraps--which may include certain compostable plastic food service items such as plates and cups--yard materials and compostable paper. AROW believes that a lack of numerical compost quality standards has created a significant barrier to increased diversion of these materials from landfills into higher value uses such as compost. Increasing diversion of materials from landfills is an important goal for Wisconsin, in part because composting organic materials results in a net reduction of greenhouse gas emissions. Current rules set siting and operation requirements for compost facilities but do not provide standards for the composted material.
The use of compost derived from mixtures of these source-separated materials is governed by a solid waste low-hazard exemption process. AROW maintains this has held back the expansion of composting in Wisconsin due to the unwieldiness of the exemption process, the uncertainty regarding the quality standards that would be applied in each specific instance, and the stigma associated with the term “low-hazard waste." Minnesota's 10-year-old compost classification system is perceived to have facilitated an expansion in the compost industry's ability to divert organic materials from that state's landfills and create a high-value-added product, “Class I Compost," for which there is strong demand.
Statutory Authority
Chapters
287 and
289, Wis. Stats.
Comparison with Federal Regulations
Comparable federal regulations that establish compost use or quality standards do not exist. The federal Clean Water Act, Part 503, contains numerical quality standards for wastewater biosolids destined for landspreading, which have served as the basis for Minnesota's Class I Compost classification.
Entities Affected by the Rule
Parties most affected by the proposed rule changes include compost facility operators; generators of yard waste materials; large scale generators of food scraps such as grocery stores, restaurants and institutional food service providers; and landfill owners due to possible diversion of these materials away from landfill disposal. In addition, potential compost users such as landscaping and horticulture businesses, the agricultural industry, departments of transportation and public works, and home gardeners in Wisconsin would have an interest in these rule changes.
Estimate of Time Needed to Develop the Rule
Approximately 600 hours of staff time will be needed to complete the rule revision.
Contact Information
Kate Cooper
Bureau of Waste and Materials Management
P.O. Box 7921
Madison, WI 53707
(608) 267-3133
Brad Wolbert
Bureau of Waste and Materials Management
P.O. Box 7921
Madison, WI 53707
(608) 264-6286
Transportation
Subject
Revises Chapter
Trans 102, relating to changes made in
2007 Wisconsin Act 20 to the validity periods of DOT issued identification cards and for purposes of implementing the Federal REAL ID Act.
Policy Analysis
2007 Wisconsin Act 20 (the budget bill) made changes to the validity period of DOT issued identification cards, lengthening the period of issuance from 4 years to 8 years. This rule making will amend components of ch.
Trans 102 that are rendered out of date by those changes.
Act 20 also included provisions for the implementation of the Federal REAL ID Act. Additionally, the Department of Homeland Security published regulations for REAL ID implementation in January 2008. This rule making will amend components of ch.
Trans 102 pertaining to photograph exemptions, design of operator's licenses and identification cards, photograph specifications, special photo requirements, proof of identification and lawful status, temporary operator's licenses or driver receipts, and any other area affected by the Federal REAL ID Act and related federal regulations.
Statutory Authority
Comparison with Federal Regulations
In accordance with the Federal REAL ID Act of 2005, the Department of Homeland Security established standards for State-issued driver licenses and identification cards. The Department of Homeland Security published the final regulation (
6 CFR Part 37) in January 2008.
Entities Affected by the Rule
