CR 15-033 Rule Text

Reviewing three years of permit applications reveals that some small businesses that apply for minor source permits (both construction and operation) will be affected by the new NO2 and SO2 NAAQS.

An economic impact analysis and final fiscal estimate will be completed prior to the submittal of this rule to the Legislative Council as required under s. 227.137 (2), Stats. In addition, public comments will be sought to better define the economic impact of this proposed rule.

10. Effect on small business: Private consultant time for technical analysis is expected to raise permit application cost for small business. The compliance costs associated with control measures has not been evaluated at the state level at this point. The potential cost increases will be quantified before proposed rule adoption.

11. Agency contact person: Mike Friedlander, WDNR, P.O. Box 7921, Madison, WI 53707-7921; [phone]; [phone] (fax); [e-mail]

12. Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at the public hearings, by regular mail, fax or email to:

Jeff Myers

Department of Natural Resources

Bureau of Air Management

PO Box 7921

Madison WI 53707

[phone]

Fax: [phone]

[e-mail]

Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet Web site at https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=10843 .

A public hearing will be held on May 21, 2015 at 1:00PM in Room 713 at the Natural Resources Building, 101 South Webster Street, Madison, Wisconsin. Comment must be received no later than May 28, 2015.

The consent of the Attorney General will be requested for the incorporation by reference of new data handling conventions in ch. NR 484.

SECTION 1. NR 404.04 (2) (a) (title) is amended to read:

NR 404.04 (2) (a) (title) Primary standards standard.

SECTION 2. NR 404.04 (2) (a) (intro.) is renumbered NR 404.04 (2) (a) and amended to read:

  NR 404.04 (2) (a) The primary standards standard for sulfur oxides, measured as sulfur dioxide, are: is 0.075 ppm -- maximum 1-hour concentration. The 1-hour primary standard is met at an ambient air quality monitoring site when the 3-year average of the annual (99th percentile) of the daily maximum 1-hour average concentrations is less than or equal to 0.075 ppm, as determined by the methodology of 40 CFR part 50, Appendix T, incorporated by reference in s. NR 484.04 (7m).

SECTION 3. NR 404.04 (2) (a) 1. and 2. are repealed.

SECTION 4. NR 404.04 (6) is repealed and recreated to read:

NR 404.04 (6) NITROGEN DIOXIDE. (a) Primary standards. The primary standards for nitrogen dioxide are:

  1. 0.053 ppm -- primary annual average concentration. The primary annual standard is met when the annual average concentration in a calendar year is less than or equal to 0.053 ppm, as determined by the methodology of 40 CFR part 50, Appendix S, incorporated by reference in s. NR 484.04 (7).

  2. 0.100 ppm -- primary 1-hour average concentration. The primary 1-hour standard is met when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average concentration is less than or equal to 0.100 ppm, as determined by the methodology of 40 CFR part 50, Appendix S, incorporated by reference in s. NR 484.04 (7).

(b) Secondary Standard. The secondary standard for nitrogen dioxide is 0.053 ppm. The secondary standard is attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places. Fractional parts equal to or greater than 0.0005 ppm shall be rounded up. To demonstrate attainment, an annual mean shall be based upon hourly data that are at least 75% complete or upon data derived from manual methods that are at least 75% complete for the scheduled sampling days in each calendar quarter.

SECTION 5. NR 404.06 (2) is amended to read:

NR 404.06 (2) REFERENCE METHODS. Ambient air quality monitoring which utilizes a reference monitoring method shall use monitoring methods which conform to the federal reference methods which are specified in 40 CFR part 50, Appendices A to N T, incorporated by reference in s. NR 484.04 (2), or which have been so designated by the department.

SECTION 6. NR 484.04 is amended to read:

NR 484.04 Code of federal regulations appendices. The appendices to federal regulations in effect on March 1, 2006 the effective date of this section … [LRB insert date] listed in the first column of Table 2 are incorporated by reference for the corresponding sections of chs. NR 400 to 439 and 445 to 499 or code of federal regulations appendix method listed in the third column of Table 2. Since some of these materials are incorporated by reference for another appendix of the code of federal regulations and the other appendix is also incorporated by reference in this section, the materials listed in this section which are incorporated by reference for the other appendix are hereby also incorporated by reference and made a part of this chapter.

SECTION 7. NR 484.04 (7) and (7m) are created to read:

  NR 484.04

(7)   40 CFR part 50 Appendix S

Interpretation of the National Ambient Air Quality Standards for Nitrogen Dioxide

NR 404.04 (6) (a)

(7m)   40 CFR part 50   Appendix T

Interpretation of the National Ambient Air Quality Standards for Sulfur Dioxide

NR 404.04 (2) (a)

SECTION 8. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as as provided in s. 227.22 (2) (intro.), Stats.