Amendment ASA-AB150

AB150-ASA,1475,18 144.391 (4m) Permit flexibility. The department shall allow a person to make a change to an existing a stationary source that has an operation permit, or for which the person has submitted a timely and complete application for an operation permit, for which the department would otherwise first require an operation permit revision, without first requiring a revision of the operation permit if the change is not a modification, as defined by the department by rule, and the change will not cause the existing stationary source to exceed the emissions allowable under the operation permit, whether expressed as an emission rate or in terms of total emissions. Except in the case of an emergency, a person shall notify the department and, for permits required under the federal clean air act, the administrator of the federal environmental protection agency in writing at least 21 days before the date on which the person proposes to make a change to an existing a stationary source under this subsection. A person may not make a proposed change to an existing a stationary source if the department informs the person before the end of that 21-day period that the proposed change is not a change authorized under this subsection. The department shall promulgate rules establishing a shorter time for advance notification of changes under this subsection in case of emergency.

AB150-ASA, s. 4312 Section 4312. 144.3925 (6) (b) and (7) of the statutes are amended to read:

AB150-ASA,1476,2 144.3925 (6) (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 s. ss. 144.393 and 144.3935 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.

AB150-ASA,1476,8 (7) Operation continued during application. If a person timely submits a complete application for an existing a stationary source under sub. (1) and submits any additional information requested by the department within the time set by the department, the existing stationary 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).

AB150-ASA, s. 4313 Section 4313. 144.3935 (title) and (1) of the statutes are amended to read:

AB150-ASA,1476,16 144.3935 (title) Criteria for operation permits for existing stationary sources. (1) Issuance to sources not in compliance; federal objection. (a) Notwithstanding s. 144.393, the department may issue an operation permit for an existing 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) or in s. 144.393 when the operation permit is issued if the operation permit includes all of the following:

AB150-ASA,1476,20 1. A compliance schedule that sets forth a series of remedial measures that the owner or operator of the existing stationary source must take to comply with the requirements with which the existing stationary source is in violation when the operation permit is issued.

AB150-ASA,1476,24 2. A requirement that, at least once every 6 months, the owner or operator of the existing stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the existing stationary source is in violation when the operation permit is issued.

AB150-ASA,1477,5 (b) Notwithstanding par. (a) and s. 144.393, the department may not issue an operation permit to an existing a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) unless the department revises the operation permit to meet the objection.

AB150-ASA, s. 4314 Section 4314. 144.396 (3) (c) of the statutes is created to read:

AB150-ASA,1477,11 144.396 (3) (c) The department may renew an operation permit if the criteria in ss. 144.393 and 144.3935 are met. Notwithstanding s. 144.3935 (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.

AB150-ASA, s. 4315 Section 4315. 144.399 (2) (a) 4. of the statutes is amended to read:

AB150-ASA,1477,15 144.399 (2) (a) 4. That during 1995 to 1999, no fee is required to be paid under this subsection for emissions from any affected unit under listed in Table A of 42 USC 7651c.

AB150-ASA, s. 4316 Section 4316. 144.399 (2) (am) of the statutes is amended to read:

AB150-ASA,1477,21 144.399 (2) (am) The department may not charge a major utility fees on emissions in excess of 4,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit under listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 4. did not exist.

AB150-ASA, s. 4316g Section 4316g. 144.399 (7) of the statutes is created to read:

AB150-ASA,1478,3 144.399 (7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in s. 144.393 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bg).

AB150-ASA, s. 4317 Section 4317. 144.405 (5) (a) (intro.) and 1. of the statutes are consolidated, renumbered 144.405 (5) (a) and amended to read:

AB150-ASA,1478,20 144.405 (5) (a) The department shall develop, implement and administer a program to provide financial assistance to the owner or operator of a retail station. Only the following costs are eligible for reimbursement under the program:1. Costs gasoline dispensing facility for costs directly incurred after August 15, 1991 1990, for the design, acquisition and installation of a vapor control system necessary for the owner or operator to comply with the requirements under sub. (3) rules requiring the installation of a vapor control system on those portions of a retail station gasoline dispensing facility located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed on or before August 15, 1991, or on those portions of a retail station gasoline dispensing facility located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed after August 15, 1991, that does not increase the stationary storage tank capacity of the retail station gasoline dispensing facility in existence on August 15, 1991.

AB150-ASA, s. 4317d Section 4317d. 144.405 (5) (c) of the statutes is amended to read:

AB150-ASA,1479,2 144.405 (5) (c) The Subject to pars. (ce) to (d), the department shall award a grant to each applicant who submits a complete application under par. (b) for costs allowable under par. (a). The amount of the grant may not exceed 95% of the first $25,000 in costs and 90% of the next $15,000 in costs incurred by the applicant. If the department promulgates a rule under par. (e), it shall determine the costs based upon the rule promulgated under par. (e).

AB150-ASA, s. 4317h Section 4317h. 144.405 (5) (ce) of the statutes is created to read:

AB150-ASA,1479,10 144.405 (5) (ce) The owner or operator of a gasoline dispensing facility is eligible for a grant under this subsection for costs incurred after August 15, 1990, and on or before August 15, 1991, only if the owner or operator has not received reimbursement for the costs from any other source and if no substantial evidence exists that the applicant applied for or obtained a grant under this subsection on the basis of fraudulent information. Excavation costs incurred on or before August 15, 1991, are not eligible for reimbursement under this subsection.

AB150-ASA, s. 4317p Section 4317p. 144.405 (5) (cm) of the statutes is created to read:

AB150-ASA,1479,16 144.405 (5) (cm) The owner or operator of a gasoline dispensing facility is not eligible for a grant under this subsection unless, before October 1, 1995, the owner or operator submits a report indicating the amount of gasoline dispensed by the gasoline dispensing facility, as required by the department by rule, and, if required by the department by rule, a compliance plan.

AB150-ASA, s. 4317t Section 4317t. 144.405 (5) (cs) of the statutes is created to read:

AB150-ASA,1479,23 144.405 (5) (cs) If there is not sufficient funding to provide grants under this subsection to all eligible applicants, the department shall give priority to grants for gasoline dispensing facilities that are located within an ozone nonattainment area that is classified as severe under 42 USC 7511 (a) and are within 10 miles of an area that is an ozone attainment area or is an ozone nonattainment area that is classified as less than severe under 42 USC 7511 (a).

AB150-ASA, s. 4318 Section 4318. 144.405 (5) (d) of the statutes is amended to read:

AB150-ASA,1480,3 144.405 (5) (d) The department may not award a grant under this subsection after June 30, 1995, or the day after publication of the 1995-97 biennial budget act, whichever is later December 31, 1995.

AB150-ASA, s. 4319g Section 4319g. 144.435 (5) of the statutes is created to read:

AB150-ASA,1480,6 144.435 (5) (a) In this subsection, "high-volume industrial waste" has the meaning given in s. 144.44 (7) (a) 1.

AB150-ASA,1480,20 (b) The department shall promulgate, by rule, standards for the reuse of foundry sand and other high-volume industrial waste, including high-volume industrial waste that qualifies for an exemption from regulation under s. 144.44 (7) (g). The department shall design the rules under this paragraph to allow and encourage, to the maximum extent possible consistent with the protection of public health and the environment, the beneficial reuse of high-volume industrial waste, in order to preserve resources, conserve energy and reduce or eliminate the need to dispose of high-volume industrial waste in landfills. In developing rules under this paragraph, the department shall review methods of reusing high-volume industrial waste that are approved by other states and incorporate those methods to the extent that the department determines is advisable. In developing rules under this paragraph, the department shall also consider the analysis and methodology used under 40 CFR 503.13 in determining the impacts on groundwater from various methods of reusing high-volume industrial wastes.

AB150-ASA, s. 4321 Section 4321. 144.737 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.737 (1) and amended to read:

AB150-ASA,1480,25 144.737 (1) In this section: (b) "Capacity, "capacity assurance plan" means the plan submitted under 42 USC 9604 (c) (9) for the management of hazardous waste generated in this state.

AB150-ASA, s. 4322 Section 4322. 144.737 (1) (a) of the statutes is repealed.

AB150-ASA, s. 4323 Section 4323. 144.737 (2) (b) of the statutes is amended to read:

AB150-ASA,1481,5 144.737 (2) (b) Notify the governor and the board of any significant problems that occur or may occur in the ability to manage a type of hazardous waste in this state and of the need to change the goals in the capacity assurance plan.

AB150-ASA, s. 4324 Section 4324. 144.737 (2) (c) of the statutes is amended to read:

AB150-ASA,1481,12 144.737 (2) (c) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, at least 75 days before the federal environmental protection agency deadline for submittal, complete a draft of a revised capacity assurance plan and provide the draft to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

AB150-ASA, s. 4325 Section 4325. 144.737 (2) (e) of the statutes is amended to read:

AB150-ASA,1481,19 144.737 (2) (e) Each year in which submission of a revised capacity assurance plan is required by the federal environmental protection agency, provide its proposed version of the revised capacity assurance plan, no later than 14 days prior to the federal environmental protection agency deadline for submittal, to the board, the governor and the chief clerk of each house of the legislature for distribution under s. 13.172 (2).

AB150-ASA, s. 4326 Section 4326. 144.76 (2) (e) of the statutes is created to read:

AB150-ASA,1481,23 144.76 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of development.

AB150-ASA, s. 4327r Section 4327r. 144.76 (6) (a) of the statutes is amended to read:

AB150-ASA,1482,6 144.76 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 (2) (dv) , (fq) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in identifying, locating, monitoring, containing, removing and disposing of discharged substances.

AB150-ASA, s. 4327s Section 4327s. 144.76 (6) (b) of the statutes is amended to read:

AB150-ASA,1482,11 144.76 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 (2) (dv), (fq) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB150-ASA, s. 4328 Section 4328. 144.76 (7) (a) of the statutes is amended to read:

AB150-ASA,1482,18 144.76 (7) (a) In Subject to ss. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

AB150-ASA, s. 4329 Section 4329. 144.76 (7) (c) of the statutes is amended to read:

AB150-ASA,1482,23 144.76 (7) (c) The Subject to ss. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB150-ASA, s. 4331g Section 4331g. 144.77 (6) (a) of the statutes is amended to read:

AB150-ASA,1483,5 144.77 (6) (a) The department may utilize moneys appropriated under s. 20.370 (2) (dv), (fq) and (my) in taking action under sub. (3). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.

AB150-ASA, s. 4331h Section 4331h. 144.77 (6) (b) of the statutes is amended to read:

AB150-ASA,1483,9 144.77 (6) (b) No more than 25% of the total of all moneys available under the appropriation under s. 20.370 (2) (dv), (fq) and (my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB150-ASA, s. 4331i Section 4331i. 144.77 (6) (c) of the statutes is amended to read:

AB150-ASA,1483,14 144.77 (6) (c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental repair.

AB150-ASA, s. 4332 Section 4332. 144.82 of the statutes is amended to read:

AB150-ASA,1484,2 144.82 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of industry, labor and human relations development. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of industry, labor and human relations development and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

AB150-ASA, s. 4333 Section 4333. 144.833 (3) of the statutes is amended to read:

AB150-ASA,1484,13 144.833 (3) Approval required prior to drilling. No person may engage in radioactive waste site exploration by drilling on a parcel unless notice is provided as required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a written approval authorizing drilling on that parcel. If the person seeking this approval is the federal department of energy or an agent or employe of the federal department of energy, the department may not issue the approval unless the radioactive waste review board public service commission certifies that the federal department of energy and its agents or employes have complied with any requirement imposed by the radioactive waste review board public service commission under s. 36.50 196.497 or any agreement entered into under that section.

AB150-ASA, s. 4334 Section 4334. 144.833 (7) of the statutes is amended to read:

AB150-ASA,1484,18 144.833 (7) (title) Impact on radioactive waste review board public service commission. Nothing in this section limits the power or authority of the radioactive waste review board public service commission to impose more stringent requirements for the negotiation and approval of agreements under s. 36.50 196.497.

AB150-ASA, s. 4335 Section 4335. 144.85 (5) (a) 1. (intro.) of the statutes is amended to read:

AB150-ASA,1484,22 144.85 (5) (a) 1. (intro.) Except with respect to property specified in s. 16.21 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

AB150-ASA, s. 4336L Section 4336L. 144.95 (2) (a) of the statutes is amended to read:

AB150-ASA,1485,5 144.95 (2) (a) The department shall submit to the department of health and social services agriculture, trade and consumer protection and to the state laboratory of hygiene any rules proposed under this section that affect the laboratory certification program under s. 252.22 93.12 (5), for review and comment. These rules may not take effect unless they are approved by the department of health and social services agriculture, trade and consumer protection within 6 months after submission.

AB150-ASA, s. 4336m Section 4336m. 144.95 (2) (b) of the statutes is amended to read:

AB150-ASA,1485,13 144.95 (2) (b) The department shall enter into a memorandum of understanding with the department of health and social services agriculture, trade and consumer protection setting forth the responsibilities of each department in administering the laboratory certification programs under s. 252.22 93.12 (5) and this section. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.

AB150-ASA, s. 4336n Section 4336n. 144.95 (5) (a) of the statutes is amended to read:

AB150-ASA,1485,20 144.95 (5) (a) (title) Laboratories certified by the department of health and social services agriculture, trade and consumer protection. The department shall recognize the certification of a laboratory by the department of health and social services agriculture, trade and consumer protection under s. 252.22 93.12 and shall accept the results of any test conducted by a laboratory certified to conduct that category of test under that section.

AB150-ASA, s. 4337 Section 4337. 144.955 (1) (a) of the statutes is repealed.

AB150-ASA, s. 4339 Section 4339. 144.955 (1) (bm) of the statutes is created to read:

AB150-ASA,1485,24 144.955 (1) (bm) "Council" means the hazardous pollution prevention council under s. 15.157 (5).

AB150-ASA, s. 4343 Section 4343. 144.955 (1m) (intro.) of the statutes is amended to read:

AB150-ASA,1486,4 144.955 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the department, the department of development, the board council and the program shall promote all of the following techniques for hazardous pollution prevention:

AB150-ASA, s. 4345 Section 4345. 144.955 (2) (a) 1. of the statutes is repealed.

AB150-ASA, s. 4347 Section 4347. 144.955 (2) (b) of the statutes is amended to read:

AB150-ASA,1486,11 144.955 (2) (b) Identify all department requirements for reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the board council, the legislature and the public.

AB150-ASA, s. 4348 Section 4348. 144.955 (2) (e) of the statutes is amended to read:

AB150-ASA,1486,14 144.955 (2) (e) Assist the board council in preparing the report under sub. (3) (f) s. 560.19 (4) (d).

AB150-ASA, s. 4349 Section 4349. 144.955 (3) of the statutes is repealed.

AB150-ASA, s. 4350 Section 4350. 144.968 of the statutes is created to read:

AB150-ASA,1486,22 144.968 Cooperative remedial action. (1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.

AB150-ASA,1487,2 (2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination.

AB150-ASA,1487,5 (2m) Any person engaged in a cooperative effort with the department that is described in sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort.

AB150-ASA,1487,7 (3) Provision of funding under sub. (2) or (2m) is not evidence of liability or an admission of liability for any environmental contamination.

AB150-ASA,1487,10 (4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).

AB150-ASA, s. 4351 Section 4351. 144.98 of the statutes is amended to read: