(d) Notwithstanding ss. 227.01 (13) and 227.10 (1), a document issued under par. (a) or (am) (b) is not a rule. A document issued under par. (a) may be reviewed under ss. 227.42 and 227.52.
227,468
Section 468
. 144.3716 (3) of the statutes is renumbered 285.37 (3), and 285.37 (3) (a), as renumbered, is amended to read:
285.37 (3) (a) Except as provided in par. (b), beginning on January 1, 1995, no person may sell gasoline in an area described under sub. (2) (a), (am) or (b)
or (c) unless the gasoline satisfies the minimum specifications for reformulated gasoline under s. 168.04.
227,469
Section 469
. 144.372 of the statutes is renumbered 285.29.
227,470
Section 470
. 144.373 of the statutes is renumbered 285.25.
227,471
Section
471. 144.374 of the statutes is renumbered 285.62 (11).
227,472
Section 472
. 144.375 (title) of the statutes is repealed.
227,473
Section 473
. 144.375 (1), (2) and (3) of the statutes are renumbered 285.21 (1), (2) and (3), and 285.21 (1) (a) and (2), as renumbered, are amended to read:
285.21 (1) (a) Similar to federal standard. If an ambient air quality standard is promulgated under section 109 of the federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive than the federal standard except as provided under sub. (6) (4).
(2) Ambient air increment. The department shall promulgate by rule ambient air increments for various air contaminants in attainment areas. The ambient air increments shall be consistent with and not more restrictive, either in terms of the concentration or the contaminants to which they apply, than ambient air increments under the federal clean air act except as provided under sub. (6) (4).
227,474
Section 474
. 144.375 (4), (5) and (5m) of the statutes are renumbered 285.27 (1), (2) and (3), and 285.27 (1) (a) and (c) and (2) (a) and (c), as renumbered, are amended to read:
285.27 (1) (a) Similar to federal standard. If a standard of performance for new stationary sources is promulgated under section 111 of the federal clean air act, the department shall promulgate by rule a similar emission standard but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under sub. (6) (4).
(c) Restrictive standard. The department may impose a more restrictive emission standard of performance for a new stationary source than the standard promulgated under par. (a) or (b) on a case-by-case basis if a more restrictive emission standard is needed to meet the applicable lowest achievable emission rate under s. 144.393 285.63 (2) (b) or to install the best available control technology under s. 144.393 285.63 (3) (a).
(2) (a) Similar to federal standard. If an emission standard for a hazardous air contaminant is promulgated under section 112 of the federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under sub. (6) (4).
(c) Restrictive standard. The department may impose a more restrictive emission standard for a hazardous air contaminant than the standard promulgated under par. (a) or (b) on a case-by-case basis if a more restrictive standard is needed to meet the applicable lowest achievable emission rate under s. 144.393 285.63 (2) (b) or to install the best available control technology under s. 144.393 285.63 (3) (a).
227,475
Section 475
. 144.375 (6) (title) of the statutes is renumbered 285.21 (4) (title).
227,476
Section 476
. 144.375 (6) (a) of the statutes is renumbered 285.21 (4) and amended to read:
285.21 (4) If the ambient air increment, or the ambient air quality standard, the standards of performance for new stationary sources or the emission standards for hazardous air contaminants standards in effect on April 30, 1980, under the federal clean air act are relaxed, the department shall alter the corresponding state standards unless it finds that the relaxed standards would not provide adequate protection for public health and welfare.
227,477
Section 477
. 144.375 (6) (b) and (c) of the statutes are repealed.
227,478
Section 478
. 144.38 of the statutes is renumbered 285.17.
227,479
Section 479
. 144.382 of the statutes is renumbered 285.53, and 285.53 (1) (a) and (2), as renumbered, are amended to read:
285.53 (1) (a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 159.07 287.07 (7) (c) 1. cr., that has a capacity of 5 tons or more per day.
(2) Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 159.07 287.07 (7) (c) 1. cr., shall continuously monitor emissions from the medical waste incinerator.
227,480
Section 480
. 144.385 of the statutes is repealed.
Note: This statutory section established sulfur dioxide emission limits for major utilities prior to January 1, 1993, and, according to sub. (9) of s. 144.385, does not apply after December 31, 1992.
227,481
Section 481
. 144.386 of the statutes is renumbered 285.41, and 285.41 (4) (a) (intro.), (5) and (7), as renumbered, are amended to read:
285.41 (4) (a) Request; variance conditions. (intro.) A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under s. 144.423
285.83 that the major utility has violated sub. (2) (a). Upon receipt of a request, the commission shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:
(5) No impact on other provisions. Nothing in this section exempts a major utility from any provision of ss. 144.30 to 144.38 or 144.391 to 144.426 ss. 285.01 to 285.39 or 285.51 to 285.87. Compliance with this section is not a defense to a violation of any of those provisions.
(7) Penalty. Notwithstanding s. 144.426 285.87, any major utility that exceeds the annual emission rate under sub. (2) (a) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for each year of violation.
227,482
Section 482
. 144.387 of the statutes is renumbered 285.43, and 285.43 (1), as renumbered, is amended to read:
285.43 (1) Limit. After June 30,
1988, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input during any year from any large source, as defined under s. 144.388
285.45 (1) (a), that is owned by this state may not exceed 1.50.
227,483
Section 483
. 144.388 of the statutes is renumbered 285.45, and 285.45 (1) (a) and (b) and (3) (a) and (b) 1., as renumbered, are amended to read:
285.45 (1) (a) “Large source" means a stationary source in this state, other than a fossil fuel-fired boiler under the ownership or control of a major utility, that had sulfur dioxide emissions averaging at least 1,000 tons annually in the most recent 5-year period, that became operational before May 2, 1986, and that is not a boiler subject to the standard of performance for new stationary sources for sulfur dioxide emissions established under s. 144.375 (4) 285.27 (1).
(b) “Major utility" has the meaning given under s. 144.386 285.41 (1) (f).
(3) (a) If the department determines, based on its annual report under s. 144.31 (1) (n) 285.11 (12), that the total annual sulfur dioxide emissions from all major utilities and large sources exceeded 325,000 tons in the previous year, or if the department projects, based on the amounts anticipated by the major utilities under s. 144.386 285.41 (3) (a) 8. and the department's estimates of emissions from large sources, that the total sulfur dioxide emissions in this state will exceed 325,000 tons in any of the 3 succeeding years, the department shall determine if the actual or projected excess emissions are or will be attributable to the major utilities, the large sources or both.
(b) 1. If the department determines that the excess emissions are or will be attributable to the major utilities, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under sub. (2) (b) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit, including any necessary changes in s. 144.386
285.41. The department shall hold a public hearing on the report.
227,484
Section 484
. 144.389 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.47, and 285.47 (1), as renumbered, is amended to read:
285.47 (1) Definition. In this section, “major utility" has the meaning given in s. 144.386 285.41 (1) (f).
227,485
Section 485
. 144.391 (title), (1), (2), (3m), (4m), (5), (6) and (7) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.60 (title), (1), (2), (3), (4), (5), (6) and (7), and 285.60 (1) (b), (2) (a) and (3), as renumbered, are amended to read:
285.60 (1) (b) Operation permit. 1. Except as provided in subd. 2., par. (a) 2., sub. (6) or s. 144.3925 (7) 285.62 (8), no person may operate a new source or a modified source unless the person has an operation permit under s. 144.3925 285.62 from the department.
2. A person may continue to operate a new source or a modified source for which the department issued a permit under s. 144.392, 1989 stats., on or before November 15, 1992, but on which construction, reconstruction, replacement or modification began after November 15, 1992, but the person shall apply for an operation permit under s. 144.3925 285.62 no later than March 1, 1996.
(2) (a) Operation permit requirement. Except as provided in sub. (6) or s. 144.3925 (7) 285.62 (8), no person may operate an existing source after the operation permit requirement date specified under s. 144.374 (1)
285.62 (11) (a) unless the person has an operation permit from the department.
(3) General operation permits. The department may, by rule, specify types of stationary sources that may obtain general operation permits. A general operation permit may cover numerous similar stationary sources. A general operation permit shall require any stationary source that is covered by the general operation permit to comply with ss. 144.392 to 144.399 285.61 to 285.69. The department shall issue a general operation permit using the procedures and criteria in ss. 144.3925 to 144.399 285.62 to 285.69.
227,486
Section 486
. 144.392 (title), (1m), (2), (3), (4), (5), (6), (7), (8) and (9) of the statutes are renumbered 285.61 (title), (1), (2), (3), (4), (5), (6), (7), (8) and (9), and 285.61 (2), (8) (a) and (9), as renumbered, are amended to read:
285.61 (2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate the plans, specifications and any other information necessary to determine if the proposed construction, reconstruction, replacement or modification will meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15.
(8) (a) Criteria; considerations. The department may approve the construction permit application and issue a construction permit according to the criteria established under s. 144.393 285.63 after consideration of the comments received under subs. (6) and (7) and after consideration of the environmental impact as required under s. 1.11.
(9) Mining hearing. If a hearing on the construction permit is conducted as a part of a hearing under s. 144.836 293.43, the notice, comment and hearing provisions in that section supersede the provisions of subs. (4) to (8).
227,487
Section
487. 144.3925 (title), (1), (2), (3), (4), (5), (5m), (6), (7), (8) and (9) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.62 (title), (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10), and 285.62 (1), (2), (3) (b) 2., (6) (a) and (b), (7) (a) and (b), (8), (9) (a) and (10), as renumbered, are amended to read:
285.62 (1) Applicant notice required. A person who is required to obtain an operation permit for a stationary source shall apply to the department for the permit on or before the operation permit application date specified under s. 144.374 (2) sub. (11) (b). The department shall specify by rule the content of applications under this subsection. If required by the federal clean air act, the department shall provide a copy of the complete application to the federal environmental protection agency. The department may not accept an application submitted to the department before November 15, 1992, as an application under this subsection.
(2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate any additional information required under sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under those sections this chapter and s. 299.15.
(3) (b) 2. Any local air pollution control agency that has a program under s. 144.41 285.73 that is approved by the department and that has jurisdiction over the area in which the stationary source is located.
(6) (a) After considering any public comments concerning an application, the department may prepare a proposed operation permit or deny the application for an operation permit. If the criteria in ss. 144.393 and 144.3935 285.63 and 285.64 are met, the department shall prepare a proposed operation permit. If required by the federal clean air act, the department shall provide a copy of a proposed operation permit to the federal environmental protection agency. If a state has submitted recommendations in response to the notice under sub. (3) (b) 7. and the department has not accepted those recommendations, the department shall notify that state and the federal environmental protection agency in writing of its decision not to accept the recommendations and the reasons for that decision.
(b) The federal environmental protection agency may object in writing to the issuance of an operation permit that it determines is not in compliance with the federal clean air act or an implementation plan prepared under s. 144.31 (1) (f) 285.11 (6). The department shall respond in writing to the objection if the federal environmental protection agency provides the reasons for the objection and submits the objection to the department and the applicant within 45 days after receiving either a copy of the proposed operation permit under par. (a) or notice under par. (a) of the department's decision not to accept the recommendations of another state.
(7) (a) The department shall approve or deny the operation permit application for an existing source. The department shall issue the operation permit for an existing source if the criteria established under ss. 144.393 and 144.3935 285.63 and 285.64 are met. The department shall issue an operation permit for an existing source or deny the application within 18 months after receiving a complete application, except that the department may, by rule, extend the 18-month period for specified existing sources by establishing a phased schedule for acting on applications received within one year after the effective date of the rule promulgated under sub. (1) that specifies the content of applications for operation permits. The phased schedule may not extend the 18-month period for more than 3 years.
(b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under ss. 144.393 and 144.3935 285.63 and 285.64 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit.
(8) Operation continued during application. If a person timely submits a complete application for an existing source under sub. (1) and submits any additional information requested by the department within the time set by the department, the existing source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (6) (7).
(9) (a) If the department fails to issue an operation permit or to deny the application within the period specified in sub. (6) (7) or in a rule promulgated under sub. (6) (7), that failure is considered a final decision on the application solely for the purpose of obtaining judicial review under ss. 227.52 and 227.53 to require the department to act on the application without additional delay.
(10) Effect of permit. (a) Except as provided in par. (b), the issuance of an operation permit, including an operation permit that contains a compliance schedule, does not preclude enforcement actions based on violations of ss. 144.30 to 144.426 this chapter that occur before, on or after the date that the operation permit is issued. The inclusion of a compliance schedule in an operation permit does not preclude enforcement actions based on violations of ss. 144.30 to 144.426 this chapter to which the compliance schedule relates, whether or not the source is violating the compliance schedule.
(b) Unless precluded by the administrator of the federal environmental protection agency under 42 USC 7661c (f), compliance with all emission limitations included in an operation permit is considered to be compliance with all emission limitations established under ss. 144.30 to 144.426 this chapter and emission limitations under the federal clean air act that are applicable to the stationary source as of the date of issuance of the operation permit if the permit includes the applicable emission limitations or the department, in acting on the application for the operation permit, determines in writing that the emission limitations do not apply to the stationary source and the operation permit includes that determination.
227,488
Section 488
. 144.393 of the statutes is renumbered 285.63, and 285.63 (1) (intro.), (a), (b) and (d), (2) (c), (7) (b) 2., 3., 4., 5. and 8. and (10) (a), (b) and (c) 4., as renumbered, are amended to read:
285.63 (1) Requirements for all sources. (intro.) The department may approve the application for a permit required or allowed under s. 144.391 285.60 if it finds:
(a) Source will meet requirements. The stationary source will meet all applicable emission limitations and other requirements promulgated under ss. 144.30 to 144.426 this chapter, standards of performance for new stationary sources under s. 144.375 (4) 285.27 (1) and emission standards for hazardous air contaminants under s. 144.375 (5) 285.27 (2);
(b) Source will not violate or exacerbate violation of air quality standard or ambient air increment. The source will not cause or exacerbate a violation of any ambient air quality standard or ambient air increment under s. 144.375 285.21 (1) or (2);
(d) Source will not preclude construction or operation of other source. The stationary source will not degrade the air quality in an area sufficiently to prevent the construction, reconstruction, replacement, modification or operation of another stationary source if the department received plans, specifications and other information under s. 144.392 285.61 (2) for the other stationary source prior to commencing its analysis under s. 144.392 285.61 (3) for the former stationary source. This paragraph does not apply to an existing source required to have an operation permit.
(2) (c) Applicant's other major sources meet or on schedule to meet requirements. All other major sources that are located in this state and that are owned or operated by the permit applicant or by any entity controlling, controlled by or under common control with the permit applicant, as determined under s. 180.1140 (6), meet or are on schedule to meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under those sections this chapter and s. 299.15 and are in compliance with or are on schedule to come into compliance with all applicable emission limitations and emission standards under the federal clean air act.
(7) (b) 2. Except as provided in s. 144.399 285.69 (5) (d), the applicant is in compliance or is complying with an approved schedule to be in compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 with respect to all stationary sources that it owns or operates and has paid the fees required under s. 144.399 285.69 (5).
3. Except as provided in subd. 8., the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, is greater than 2,500 tons.
4. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., less a reduction by the amount of any growth accommodation credits issued since the date of the report under s. 144.40
285.39 (2) (b) 1., is greater than 3,000 tons, the department may certify to the applicant no more than the amount of the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., less the sum of 2,750 tons and any growth accommodation credits issued since the date of the report under s. 144.40 285.39 (2) (b).
5. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of any growth accommodation credits issued since the date of the report under s. 144.40
285.39 (2) (b) 1., is greater than 2,500 tons but less than or equal to 3,000 tons, the department may certify no more than 250 tons to the applicant in that year.
8. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, would be 2,500 tons or less, the department may certify to the applicant a growth accommodation credit in the amount determined under this section if, because of facility shutdowns or replenishment activities under s. 144.40 285.39 that have occurred, the growth accommodation for the next succeeding year after reduction by the amount of the growth accommodation credit will be greater than 2,500 tons.
(10) (a) In this subsection, “medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.
(b) In addition to the requirements under subs. (1) to (3), the department may approve an application submitted after May 14, 1992, for a permit required or allowed under s. 144.391 285.60 for the construction of a medical waste incinerator or for the modification of a medical waste incinerator that expands the capacity of the medical waste incinerator only if it finds that the new or modified medical waste incinerator will be needed and that the site of the medical waste incinerator is appropriate.
(c) 4. The quantity of waste having the potential to be burned in the medical waste incinerator that may be managed in an effective recycling program created under s. 159.11 287.11.
227,489
Section 489
. 144.3935 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.64, and 285.64 (1) (a) (intro.) and (b) and (2), as renumbered, are amended to read:
285.64 (1) (a) (intro.) Notwithstanding s. 144.393 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 144.31 (1) (f)
285.11 (6) or in s. 144.393 285.63 when the operation permit is issued if the operation permit includes all of the following:
(b) Notwithstanding par. (a) and s. 144.393
285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) 285.62 (6) unless the department revises the operation permit to meet the objection.
(2) One-year moratorium on revocation. (a) The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15.
(b) Notwithstanding par. (a), the department may take any other action necessary to enforce an operation permit and ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15 which apply to the existing source after issuance of an operation permit under this section.
227,490
Section 490
. 144.394 (intro.), (1), (2), (3), (4), (5), (6), (7), (7m), (8), (9), (10), (11), (12) and (13) of the statutes are renumbered 285.65 (intro.), (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14), and 285.65 (intro.), (3), (8) and (9), as renumbered, are amended to read:
285.65 Permit conditions. (intro.) The department may prescribe conditions for an air pollution control permit to ensure compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15 and to ensure compliance with the federal clean air act if each condition is one of the following and if each condition is applicable to the source:
(3) Requirements necessary to assure compliance with s. 144.393 285.63.
(8) The terms for use of growth accommodation credits under s. 144.393 285.63 (7) or (8), including the dates that the source expects to use the credits.
(9) Requirements concerning entry and inspection as provided in s. 144.34 285.19.
227,491
Section 491
. 144.395 of the statutes is renumbered 285.67.
227,492
Section 492
. 144.396 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.66, and 285.66 (2) and (3) (b) and (c), as renumbered, are amended to read:
285.66 (2) Operation. The department shall specify the term of an operation permit in the operation permit. The term of an operation permit issued under s. 144.3925 285.62 or renewed under sub. (3) may not exceed 5 years from the date of issuance or renewal.
(3) (b) The department shall follow the procedures in s. 144.3925 285.62 in renewing an operation permit for a new source, a modified source or an existing source.
(c) The department may renew an operation permit if the criteria in ss. 144.393 and 144.3935 285.63 and 285.64 are met. Notwithstanding s. 144.3935
285.64 (1) (a), the department may deny an application for renewal of an operation permit for a stationary source if the stationary source is in violation of its current operation permit.
227,493
Section 493
. 144.398 of the statutes is renumbered 285.68.
