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 NR 404.04 (6) is repealed and recreated to read: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 provided in s. 227.22 (2) (intro.), Stats. SECTION 9. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on August 12, 2015.
Dated at Madison, Wisconsin _________________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
By__________________________________
Cathy Stepp, Secretary
(SEAL)
