SECTION 6. NR 404.05 (3) (am) is created to read:
NR 404.05 (3) (am) PM2.5.
1. Annual arithmetic mean 4 micrograms per cubic meter
2. Twenty−four hour maximum 9 micrograms per cubic meter
SECTION 7. NR 404.05 (4) (intro.) is amended to read:
NR 404.05 (4) (intro.) CLASS III INCREMENTS. In any area of this state classified under the act Act as a class III area, the ambient air increments of particulate matter measured as for PM2.5, PM10, sulfur dioxide, and nitrogen dioxide may not exceed the following amounts:
SECTION 8. NR 404.05 (4) (am) is created to read:
NR 404.05 (4) (am) PM2.5.
1. Annual arithmetic mean 8 micrograms per cubic meter
2. Twenty−four hour maximum 18 micrograms per cubic meter
SECTION 9. NR 405.02 (3), (21) (a), and (21m) (intro.) and (a) are amended to read:
NR 405.02 (3) “Baseline area” means any intrastate area, and every part thereof, designated as attainment or unclassifiable under section 107 (d) (1) (D) or (E) (A) (ii) or (iii) of the Act (42 USC 7407 (d) (1) (D) or (E) (A) (ii) or (iii)) in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established equal to or greater than 1 µg/m3 (annual average) of the air contaminant for which the minor source baseline date is established for SO2, NO2, or PM10, or equal or greater than 0.3µg/m3 (annual average) for PM2.5. Area redesignations under section 107 (d) (1) (D) or (E) (A) (ii) or (iii) of the Act (42 USC 7407 (d) (1) (A) (ii) or (iii)) cannot intersect or be smaller than the area of impact of any major stationary source or major modification which either establishes a minor source baseline date or is subject to this chapter. (21) (a) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.
(21m) (intro.) “Major source baseline date” means: all of the following.
(a) In the case of particulate matter PM10 and sulfur dioxide, January 6, 1975.
SECTION 10. NR 405.02 (21m) (c) is created to read:
NR 405.02 (21m) (c) In the case of PM2.5, October 20, 2010.
SECTION 11. NR 405.02 (22) (b) and (22m) (a) (intro.) and 1. and (b) 1. are amended to read:
NR 405.02 (22) (b) A major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.
(22m) (a) (intro.) “Minor source baseline date” means the earliest date after the trigger date on which the owner or operator of a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is any of the following: 1. In the case of particulate matter PM10 and sulfur dioxide, August 7, 1977.
(b) 1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107 (d) (1) (D) or (E) (A) (ii) or (iii) of the Act (42 USC 7407(d)(1)(D) or (E) (A)(ii) or (iii)) for the air contaminant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166. SECTION 12. NR 405.02 (22m) (a) 3. is created to read:
NR 405.02 (22m) (a) 3. In the case of PM2.5, October 20, 2011.
SECTION 13. NR 405.02 (27) (a) 6. is amended to read:
NR 405.02 (27) (a) 6. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides.
SECTION 14. NR 405.07 (8) (a) 3m. is amended to read:
NR 405.07 (8) (a) 3m. PM2.5 – 2.3 0 µg/m3, 24 hour average .
SECTION 15. NR 405.07 (8) (a) 3m. (Note) is created to read:
NR 405.07 (8) (a) 3m. (Note) In accordance with Sierra Club v. EPA, 706 F.3d 428 (D.C. Cir. 2013), no exemption is available with regard to PM2.5. SECTION 16. NR 405.07 (8) (a) 5. (Note) is amended to read:
NR 405.07 (8) (a) 5. (Note) No de minimis air quality level is provided for ozone. However, any source with a net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to regulation under this chapter would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.
SECTION 17. NR 420.02 (8m), (26), (32), and (38m) are repealed.
SECTION 18. NR 420.02 (39) is amended to read:
NR 420.02 (39) “Vapor recovery system” or “vapor control system” means mean a system that gathers organic compound vapors released during the operation of any transfer, storage, or process equipment and processes the vapors so as to prevent their emission into the ambient air.
SECTION 19. NR 420.045 is repealed.
SECTION 20. NR 425.035 is repealed.
SECTION 21. NR 439.06 (3) (i) is repealed.
SECTION 22. NR 484.05 (4) and (5) are repealed.
SECTION 23. NR 494.04 is repealed.
SECTION 24. Terminology Changes in NR 420:
Wherever the hyphenated term “vapor-tight” is used in the following rule subunits, the unhyphenated term “vapor tight” is substituted: NR 420.03 (4) (b) 3., and NR 420.04 (1) (b) 4. and (3) (c) 1.
SECTION 25. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s. 227.22 (2) (intro.), Stats. SECTION 26. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on _______________________.
