AB655-ASA2,57,42 227.14 (2) (a) 3. A summary of and preliminary comparison with any existing
3or proposed federal regulation that is intended to address the activities to be
4regulated by the proposed rule.
AB655-ASA2, s. 163 5Section 163. 227.14 (2) (a) 4. of the statutes is created to read:
AB655-ASA2,57,66 227.14 (2) (a) 4. A comparison of similar rules in adjacent states.
AB655-ASA2, s. 164 7Section 164. 227.14 (2) (a) 5. of the statutes is created to read:
AB655-ASA2,57,108 227.14 (2) (a) 5. A summary of the factual data and analytical methodologies
9that the agency used in support of the proposed rule and how any related findings
10support the regulatory approach chosen for the proposed rule.
AB655-ASA2, s. 165 11Section 165. 227.14 (2) (a) 6. of the statutes is created to read:
AB655-ASA2,57,1512 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency
13used in support of the agency's determination of the rule's effect on small businesses
14under s. 227.114 or that was used when the agency prepared an economic impact
15report under s. 227.137 (3).
AB655-ASA2, s. 166 16Section 166. 227.14 (4) (b) 3. of the statutes is created to read:
AB655-ASA2,57,1917 227.14 (4) (b) 3. For rules that the agency determines may have a significant
18fiscal effect on the private sector, the anticipated costs that will be incurred by the
19private sector in complying with the rule.
AB655-ASA2, s. 167 20Section 167. 227.19 (3) (intro.) of the statutes is amended to read:
AB655-ASA2,58,221 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be
22in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
23the material specified in s. 227.14 (2) to (4), a copy of any economic impact report
24prepared by the agency under s. 227.137, a copy of any report prepared by the

1department of administration under s. 227.138,
a copy of any recommendations of
2the legislative council staff, and an analysis. The analysis shall include:
AB655-ASA2, s. 168 3Section 168. 227.19 (3) (a) of the statutes is amended to read:
AB655-ASA2,58,64 227.19 (3) (a) A detailed statement explaining the need for basis and purpose
5of
the proposed rule, including how the proposed rule advances relevant statutory
6goals or purposes
.
AB655-ASA2, s. 169 7Section 169. 227.19 (3) (b) of the statutes is amended to read:
AB655-ASA2,58,118 227.19 (3) (b) An A summary of public comments to the proposed rule and the
9agency's response to those comments, and an
explanation of any modification made
10in the proposed rule as a result of public comments or testimony received at a public
11hearing.
AB655-ASA2, s. 170 12Section 170. 227.19 (3) (cm) of the statutes is created to read:
AB655-ASA2,58,1413 227.19 (3) (cm) Any changes to the analysis prepared under s. 227.14 (2) or the
14fiscal estimate prepared under s. 227.14 (4).
AB655-ASA2, s. 171 15Section 171. 227.43 (1g) of the statutes is created to read:
AB655-ASA2,58,2016 227.43 (1g) The administrator of the division of hearings and appeals shall
17establish a system for assigning hearing examiners to preside over any hearing
18under this section. The system shall ensure, to the extent practicable, that hearing
19examiners are assigned to different subjects on a rotating basis. The system may
20include the establishment of pools of examiners responsible for certain subjects.
AB655-ASA2, s. 172 21Section 172. 227.44 (2) (d) of the statutes is created to read:
AB655-ASA2,58,2422 227.44 (2) (d) If the subject of the hearing is a decision of the department of
23natural resources or the department of transportation, the name and title of the
24person who will conduct the hearing.
AB655-ASA2, s. 173 25Section 173. 227.483 of the statutes is created to read:
AB655-ASA2,59,6
1227.483 Costs upon frivolous claims. (1) If a hearing examiner finds, at
2any time during the proceeding, that an administrative hearing commenced or
3continued by a petitioner or a claim or defense used by a party is frivolous, the
4hearing examiner shall award the successful party the costs and reasonable attorney
5fees that are directly attributable to responding to the frivolous petition, claim, or
6defense.
AB655-ASA2,59,10 7(2) If the costs and fees awarded under sub. (1) are awarded against the party
8other than a public agency, those costs may be assessed fully against either the party
9or the attorney representing the party or may be assessed so that the party and the
10attorney each pay a portion of the costs and fees.
AB655-ASA2,59,12 11(3) To find a petition for a hearing or a claim or defense to be frivolous under
12sub. (1), the hearing examiner must find at least one of the following:
AB655-ASA2,59,1413 (a) That the petition, claim, or defense was commenced, used, or continued in
14bad faith, solely for purposes of harassing or maliciously injuring another.
AB655-ASA2,59,1815 (b) That the party or the party's attorney knew, or should have known, that the
16petition, claim, or defense was without any reasonable basis in law or equity and
17could not be supported by a good faith argument for an extension, modification, or
18reversal of existing law.
AB655-ASA2, s. 174 19Section 174. 227.53 (1) (a) 3. of the statutes is amended to read:
AB655-ASA2,60,820 227.53 (1) (a) 3. If the petitioner is a resident, the proceedings shall be held in
21the circuit court for the county where the petitioner resides, except that if the
22petitioner is an agency, the proceedings shall be in the circuit court for the county
23where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59
24(6) (b), 182.70 (6), and 182.71 (5) (g). The proceedings shall be in the circuit court for
25Dane County if
If the petitioner is a nonresident , the proceedings shall be held in the

1county where the property affected by the decision is located or, if no property is
2affected, in the county where the dispute arose
. If all parties stipulate and the court
3to which the parties desire to transfer the proceedings agrees, the proceedings may
4be held in the county designated by the parties. If 2 or more petitions for review of
5the same decision are filed in different counties, the circuit judge for the county in
6which a petition for review of the decision was first filed shall determine the venue
7for judicial review of the decision, and shall order transfer or consolidation where
8appropriate.
AB655-ASA2, s. 175 9Section 175. 236.16 (3) (d) (intro.) of the statutes is amended to read:
AB655-ASA2,60,2110 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public
11access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may
12petition the city, village, town or county that owns the public access to construct
13shoreline erosion control measures. Subject to par. (e), the city, village, town or
14county shall construct the requested shoreline erosion control measures or request
15the department of natural resources to determine the need for shoreline erosion
16control measures. Upon receipt of a request under this paragraph from a city, village,
17town or county, the department of natural resources shall follow the notice and
18hearing
procedures in s. 30.02 (3) and (4) 30.208 (3) to (5). Subject to par. (e), the city,
19village, town or county shall construct shoreline erosion control measures as
20required by the department of natural resources if the department of natural
21resources determines all of the following:
AB655-ASA2, s. 176 22Section 176. 285.11 (9) of the statutes is amended to read:
AB655-ASA2,60,2423 285.11 (9) Prepare and adopt minimum standards for the emission of mercury
24compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).
AB655-ASA2, s. 177 25Section 177. 285.14 of the statutes is created to read:
AB655-ASA2,61,5
1285.14 State implementation plans. (1) Content. The department may not
2submit a control measure or strategy that imposes or may result in regulatory
3requirements to the federal environmental protection agency for inclusion in a state
4implementation plan under 42 USC 7410 unless the department has promulgated
5the control measure or strategy as a rule.
AB655-ASA2,61,18 6(2) Review by standing committees. At least 60 days before the department is
7required to submit a state implementation plan to the federal environmental
8protection agency, the department shall prepare, and provide to the standing
9committees of the legislature with jurisdiction over environmental matters, under
10s. 13.172 (3) a report that describes the proposed plan and contains all of the
11supporting documents that the department intends to submit with the plan. The
12department shall also submit to the revisor of statutes for publication in the
13administrative register a notice of availability of the report. If, within 30 days after
14the department provides the report, the chairperson of a standing committee to
15which the report was provided submits written comments on the report to the
16department, the secretary shall respond to the chairperson in writing within 15 days
17of receipt of the comments. This subsection does not apply to a modification to a state
18implementation plan relating to an individual source.
AB655-ASA2, s. 178 19Section 178. 285.17 (2) of the statutes is renumbered 285.17 (2) (a).
AB655-ASA2, s. 179 20Section 179. 285.17 (2) (b) of the statutes is created to read:
AB655-ASA2,62,921 285.17 (2) (b) Before issuing an operation permit that contains a monitoring
22requirement relating to the emissions from an air contaminant source, the
23department shall notify the applicant of the proposed monitoring requirement and
24give the applicant the opportunity to demonstrate to the administrator of the
25division of the department that administers this chapter that the proposed

1monitoring requirement is unreasonable considering, among other factors,
2monitoring requirements imposed on similar air contaminant sources. If the
3administrator determines that the monitoring requirement is unreasonable, the
4department may not impose the monitoring requirement. If the administrator
5determines that the monitoring requirement is reasonable, the applicant may obtain
6a review of that determination by the secretary. The secretary may not delegate this
7function to another person. If the secretary determines that the monitoring
8requirement is unreasonable, the department may not impose the monitoring
9requirement.
AB655-ASA2, s. 180 10Section 180. 285.21 (1) (b) of the statutes is renumbered 285.21 (1) (b) (intro.)
11and amended to read:
AB655-ASA2,62,1812 285.21 (1) (b) Standard to protect health or welfare. (intro.) If an ambient air
13quality standard for any air contaminant is not promulgated under section 109 of the
14federal clean air act, the department may promulgate an ambient air quality
15standard if the department finds that the standard is needed to provide adequate
16protection for public health or welfare. The department may not make this finding
17for an air contaminant unless the finding is supported with written documentation
18that includes all of the following:
AB655-ASA2, s. 181 19Section 181. 285.21 (1) (b) 1. to 4. of the statutes are created to read:
AB655-ASA2,62,2220 285.21 (1) (b) 1. A public health risk assessment that characterizes the types
21of stationary sources in this state that are known to emit the air contaminant and
22the population groups that are potentially at risk from the emissions.
AB655-ASA2,63,223 2. An analysis showing that members of population groups are subjected to
24levels of the air contaminant that are above recognized environmental health

1standards or will be subjected to those levels if the department fails to promulgate
2the proposed ambient air quality standard.
AB655-ASA2,63,63 3. An evaluation of options for managing the risks caused by the air
4contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
5and other relevant factors, and a finding that the proposed ambient air quality
6standard reduces risks in the most cost-effective manner practicable.
AB655-ASA2,63,87 4. A comparison of the proposed ambient air quality standard with ambient air
8quality standards in Illinois, Indiana, Michigan, Minnesota, and Ohio.
AB655-ASA2, s. 182 9Section 182. 285.21 (4) of the statutes is amended to read:
AB655-ASA2,63,1710 285.21 (4) Impact of change in federal standards. If the ambient air
11increment or the ambient air quality standards in effect on April 30, 1980, under the
12federal clean air act are relaxed modified, the department shall alter the
13corresponding state standards unless it finds that the relaxed modified standards
14would not provide adequate protection for public health and welfare. The
15department may not make this finding for an ambient air quality standard unless
16the finding is supported with the written documentation required under sub. (1) (b)
171. to 4.
AB655-ASA2, s. 183 18Section 183. 285.23 (1) of the statutes is amended to read:
AB655-ASA2,64,219 285.23 (1) Procedures and criteria. The department shall promulgate by rule
20procedures and criteria to identify a nonattainment area and to reclassify a
21nonattainment area as an attainment area. After the effective date of this subsection
22.... [revisor inserts date], the department may not identify a county as part of a
23nonattainment area under the federal clean air act if the concentration of an air
24contaminant in the atmosphere in that county does not exceed an ambient air quality

1standard, unless under the federal clean air act the county is required to be
2designated as part of a nonattainment area.
AB655-ASA2, s. 184 3Section 184. 285.23 (2) of the statutes is amended to read:
AB655-ASA2,64,84 285.23 (2) Documents. The department shall issue documents from time to
5time which define or list specific nonattainment areas or recommend that areas be
6designated as nonattainment areas under the federal clean air act
based upon the
7procedures and criteria promulgated under sub. (1). Notwithstanding ss. 227.01 (13)
8and 227.10 (1), documents issued under this subsection are not rules.
AB655-ASA2, s. 185 9Section 185. 285.23 (6) of the statutes is created to read:
AB655-ASA2,64,2110 285.23 (6) Report to standing committees. Before the department issues
11documents under sub. (2) and at least 60 days before the governor is required to make
12a submission on a nonattainment designation under 42 USC 7407 (d) (1) (A), the
13department shall prepare, and provide to the standing committees of the legislature
14with jurisdiction over environmental matters under s. 13.172 (3), a report that
15contains a description of any area proposed to be identified as a nonattainment area
16and supporting documentation. The department shall also submit to the revisor of
17statutes for publication in the administrative register a notice of availability of the
18report. If, within 30 days after the department submits the report, the chairperson
19of a standing committee to which the report was provided submits written comments
20on the report to the department, the secretary shall respond to the chairperson in
21writing within 15 days of receipt of the comments.
AB655-ASA2, s. 186 22Section 186. 285.27 (1) (a) of the statutes is amended to read:
AB655-ASA2,65,323 285.27 (1) (a) Similar to federal standard. If a standard of performance for new
24stationary sources is promulgated under section 111 of the federal clean air act, the
25department shall promulgate by rule a similar emission standard, including

1administrative requirements that are consistent with the federal administrative
2requirements,
but this standard may not be more restrictive in terms of emission
3limitations than the federal standard except as provided under sub. (4).
AB655-ASA2, s. 187 4Section 187. 285.27 (2) (a) of the statutes is amended to read:
AB655-ASA2,65,105 285.27 (2) (a) Similar to federal standard. If an emission standard for a
6hazardous air contaminant is promulgated under section 112 of the federal clean air
7act, the department shall promulgate by rule a similar standard, including
8administrative requirements that are consistent with the federal administrative
9requirements,
but this standard may not be more restrictive in terms of emission
10limitations than the federal standard except as provided under sub. (4).
AB655-ASA2, s. 188 11Section 188. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.)
12and amended to read:
AB655-ASA2,65,1913 285.27 (2) (b) Standard to protect public health or welfare. (intro.) If an
14emission standard for a hazardous air contaminant is not promulgated under section
15112 of the federal clean air act, the department may promulgate an emission
16standard for the hazardous air contaminant if the department finds the standard is
17needed to provide adequate protection for public health or welfare. The department
18may not make this finding for a hazardous air contaminant unless the finding is
19supported with written documentation that includes all of the following:
AB655-ASA2, s. 189 20Section 189. 285.27 (2) (b) 1. to 4. of the statutes are created to read:
AB655-ASA2,65,2421 285.27 (2) (b) 1. A public health risk assessment that characterizes the types
22of stationary sources in this state that are known to emit the hazardous air
23contaminant and the population groups that are potentially at risk from the
24emissions.
AB655-ASA2,66,4
12. An analysis showing that members of population groups are subjected to
2levels of the hazardous air contaminant that are above recognized environmental
3health standards or will be subjected to those levels if the department fails to
4promulgate the proposed emission standard for the hazardous air contaminant.
AB655-ASA2,66,85 3. An evaluation of options for managing the risks caused by the hazardous air
6contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
7and other relevant factors, and a finding that the chosen compliance alternative
8reduces risks in the most cost-effective manner practicable.
AB655-ASA2,66,119 4. A comparison of the emission standards for hazardous air contaminants in
10this state to hazardous air contaminant standards in Illinois, Indiana, Michigan,
11Minnesota, and Ohio.
AB655-ASA2, s. 190 12Section 190. 285.27 (2) (d) of the statutes is created to read:
AB655-ASA2,66,2113 285.27 (2) (d) Emissions regulated under federal law. Emissions limitations
14promulgated under par. (b) and related control requirements do not apply to
15hazardous air contaminants emitted by emissions units, operations, or activities
16that are regulated by an emission standard promulgated under section 112 of the
17federal clean air act, including a hazardous air contaminant that is regulated under
18section 112 of the federal clean air act by virtue of regulation of another substance
19as a surrogate for the hazardous air contaminant or by virtue of regulation of a
20species or category of hazardous air contaminants that includes the hazardous air
21contaminant.
AB655-ASA2, s. 191 22Section 191. 285.27 (4) of the statutes is amended to read:
AB655-ASA2,67,823 285.27 (4) Impact of change in federal standards. If the standards of
24performance for new stationary sources or the emission standards for hazardous air
25contaminants under the federal clean air act are relaxed, the department shall alter

1the corresponding state standards unless it finds that the relaxed standards would
2not provide adequate protection for public health and welfare. The department may
3not make this finding for an emission standard for a hazardous air contaminant
4unless the finding is supported with the written documentation required under sub.
5(2) (b) 1. to 4.
This subsection applies to state standards of performance for new
6stationary sources and emission standards for hazardous air contaminants in effect
7on April 30, 1980, if the relaxation in the corresponding federal standards occurs
8after April 30, 1980.
AB655-ASA2, s. 192 9Section 192. 285.60 (1) (a) 1. of the statutes is amended to read:
AB655-ASA2,67,1210 285.60 (1) (a) 1. Except as provided in sub. (2g), (5m), or (6), no person may
11commence construction, reconstruction, replacement or modification of a stationary
12source unless the person has a construction permit from the department.
AB655-ASA2, s. 193 13Section 193. 285.60 (2g) of the statutes is created to read:
AB655-ASA2,67,2414 285.60 (2g) Registration permits. (a) Rules. Subject to sub. (8), the
15department shall promulgate rules specifying a simplified process under which the
16department may issue a registration permit authorizing construction or operation
17or both for a stationary source with low actual or potential emissions if the owner or
18operator provides to the department, on a form prescribed by the department,
19sufficient information to show that the source qualifies for a registration permit. In
20the rules, the department shall include criteria for identifying categories of sources
21the owners or operators of which may elect to obtain registration permits and general
22requirements applicable to sources that qualify for registration permits. In the rules,
23the department may exempt persons who qualify for registration permits from the
24requirement to obtain a construction permit.
AB655-ASA2,68,4
1(b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
2(2) to (7) do not apply to a registration permit under this subsection. Within 15 days
3after receipt of the form prescribed by the department, the department shall provide
4one of the following to an applicant for a registration permit:
AB655-ASA2,68,65 1. Written notice of the department's determination that the source qualifies
6for a registration permit.
AB655-ASA2,68,87 2. A written description of any information that is missing from the application
8for a registration permit.
AB655-ASA2,68,119 3. Written notice of the department's determination that the source does not
10qualify for a registration permit, specifically describing the reasons for that
11determination.
AB655-ASA2, s. 194 12Section 194. 285.60 (2m) of the statutes is repealed.
AB655-ASA2, s. 195 13Section 195. 285.60 (3) of the statutes is repealed and recreated to read:
AB655-ASA2,68,1814 285.60 (3) General permits. (a) Rules. The department shall promulgate rules
15for the issuance of general permits authorizing construction or operation or both for
16similar stationary sources. In the rules, the department shall specify criteria for
17identifying categories of sources for which the department may issue general permits
18and general requirements applicable to sources that qualify for general permits.
AB655-ASA2,68,2319 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
20(2) to (5) do not apply to the determination of whether a source is covered by a general
21permit under this subsection. Within 15 days after receipt of an application for
22coverage under a general permit, the department shall provide one of the following
23to the applicant:
AB655-ASA2,68,2524 1. Written notice of the department's determination that the source qualifies
25for coverage under the general permit.
AB655-ASA2,69,2
12. A written description of any information that is missing from the application
2for coverage under the general permit.
AB655-ASA2,69,53 3. Written notice of the department's determination that the source does not
4qualify for coverage under the general permit, specifically describing the reasons for
5that determination.
AB655-ASA2, s. 196 6Section 196. 285.60 (5m) of the statutes is created to read:
AB655-ASA2,69,127 285.60 (5m) Waiver of construction permit requirements. (a) Subject to sub.
8(8), the department shall promulgate rules under which a person is allowed to
9commence construction, reconstruction, replacement, or modification of a stationary
10source prior to the issuance of a construction permit upon a showing that
11commencing construction, reconstruction, replacement, or modification prior to the
12issuance of the permit is necessary to avoid undue hardship.
AB655-ASA2,69,1613 (b) Subject to sub. (8), the department may allow a person to commence
14construction, reconstruction, replacement, or modification of a stationary source
15prior to the issuance of a construction permit on a case-by-case basis or on bases
16specified in a rule.
AB655-ASA2,69,1817 (c) The department shall act on a waiver request under this subsection within
1815 days after it receives the request.
AB655-ASA2, s. 197 19Section 197. 285.60 (6) of the statutes is renumbered 285.60 (6) (a).
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