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 NR 420.02 (8m), (26), (32), and (38m) are repealed.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 NR 420.045 is repealed.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 NR 425.035 is repealed.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 NR 439.06 (3) (i) is repealed.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 NR 484.05 (4) and (5) are repealed.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 NR 494.04 is repealed.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 _______________________.
