AB655: Bill Text

AB655,84,16 2. A promise or commitment to renew, extend, modify, or permit a delay in repayment or performance of a loan, extension of credit, or other financial accommodation.

AB655,84,19 (c) Except as provided in par. (d), a promise or commitment by a financial institution described in par. (b) may not be enforced under the doctrine of promissory estoppel.

AB655,84,21 (d) Paragraphs (b) and (c) do not apply to credit transactions that are subject to chs. 421 to 427.

AB655, s. 210 Section 210. 281.22 (2) (c) of the statutes is amended to read:

AB655,84,25 281.22 (2) (c) If more than one fee under this section or s. 30.28 (2) (a) or 31.39 (2) (a) is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB655, s. 211 Section 211. 285.01 (12m) of the statutes is created to read:

AB655,85,3 285.01 (12m) "Certified contractor" means a contractor that is certified under s. 285.755.

AB655, s. 212 Section 212. 285.11 (6) (intro.) of the statutes is renumbered 285.11 (6) and amended to read:

AB655,85,15 285.11 (6) Prepare and develop one or more comprehensive plans for the prevention, abatement and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

AB655, s. 213 Section 213. 285.11 (6) (a) and (b) of the statutes are repealed.

AB655, s. 214 Section 214. 285.11 (9) of the statutes is amended to read:

AB655,85,19 285.11 (9) Prepare and adopt minimum standards for the emission of mercury compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).

AB655, s. 215 Section 215. 285.11 (17) of the statutes is repealed and recreated to read:

AB655,86,6 285.11 (17) Promulgate rules that incorporate changes made by regulations of the federal environmental protection agency governing review of modifications of major sources under 42 USC 7470 to 7515, including regulations that were published in the Federal Register on December 31, 2002, and October 27, 2003. The department may not include in the rules any requirements that are inconsistent with or more stringent than the federal regulations. To the extent possible, the department shall incorporate similar changes for minor sources if the changes reduce administrative requirements for minor sources. The department shall submit in proposed form rules required under this subsection to the legislative council staff under s. 227.15 (1) no later than the first day of the 7th month after the regulations making the changes on which the rules are based take effect.

AB655, s. 216 Section 216. 285.14 of the statutes is created to read:

AB655,86,13 285.14 State implementation plans. (1) Content. The department may only include in a state implementation plan under 42 USC 7410 rules or requirements that are necessary to obtain approval of the plan by the federal environmental protection agency, including requirements that are necessary in order to comply with the percentage reductions specified in 42 USC 7511a (b) (1) (A) or (c) (2) (B).

AB655,87,5 (2) Review by committee for review of administrative rules. At least 90 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare and submit a report to the joint committee for review of administrative rules that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. If, within 30 days after the department submits the report, the cochairpersons of the joint committee for review of administrative rules do not return the report to the department with a written explanation of why the committee is returning the report, the department may submit the plan. If, within 30 days after the department submits the report, the cochairpersons of the joint committee for review of administrative rules return the report to the department with a written explanation of why the committee is returning the report, the department may not submit the plan until the committee agrees that the department has adequately addressed the issues raised by the committee. If the secretary disagrees with the committee's reasons for returning the report, the secretary shall so notify the committee in writing. This subsection does not apply to a modification to a state implementation plan relating to an individual source.

AB655, s. 217 Section 217. 285.17 (2) of the statutes is amended to read:

AB655,87,21 285.17 (2) The department may, by rule or in an operation permit, require the owner or operator of an air contaminant source to monitor the emissions of the air contaminant source or to monitor the ambient air in the vicinity of the air contaminant source and to report the results of the monitoring to the department. The department may specify methods for conducting the monitoring and for analyzing the results of the monitoring. The department shall require the owner or operator of a major source to report the results of any required monitoring of emissions from the major source to the department no less often than every 6 months. The department may not include a monitoring requirement in an operation permit if the applicant demonstrates that the cost of compliance with the requirement would exceed the cost of compliance with monitoring requirements imposed on similar air contaminant sources by a state adjacent to this state or if the monitoring is not needed to provide assurance of compliance with requirements that apply to the air contaminant source, unless the monitoring is required under the federal clean air act.

AB655, s. 218 Section 218. 285.21 (1) (a) (title) of the statutes is repealed.

AB655, s. 219 Section 219. 285.21 (1) (a) of the statutes is renumbered 285.21 (1) and amended to read:

AB655,88,4 285.21 (1) Ambient air quality standards. 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. (4).

AB655, s. 220 Section 220. 285.21 (1) (b) of the statutes is repealed.

AB655, s. 221 Section 221. 285.21 (2) of the statutes is amended to read:

AB655,88,11 285.21 (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. (4).

AB655, s. 222 Section 222. 285.21 (4) of the statutes is amended to read:

AB655,88,17 285.21 (4) Impact of change in federal standards. If the ambient air increment or the ambient air quality standards in effect on April 30, 1980, under the federal clean air act are relaxed modified, 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 accordingly.

AB655, s. 223 Section 223. 285.23 (1) of the statutes is amended to read:

AB655,88,25 285.23 (1) Procedures and criteria. The department shall promulgate by rule procedures and criteria to identify a nonattainment area and to reclassify a nonattainment area as an attainment area. The department may not identify a county as part of a nonattainment area if the the concentration of an air contaminant in the atmosphere does not exceed an ambient air quality standard, unless the department is required under the federal clean air act to identify the county as part of a nonattainment area.

AB655, s. 224 Section 224. 285.23 (5) of the statutes is created to read:

AB655,89,7 285.23 (5) Particulate standards. The department may not identify an area as a nonattainment area based on the concentration in the atmosphere of particulate matter measured as total suspended particulates and shall redesignate as an attainment area any area identified as a nonattainment area if the only basis on which the area could be identified as a nonattainment area is the concentration in the atmosphere of particulate matter measured as total suspended particulates.

AB655, s. 225 Section 225. 285.23 (6) of the statutes is created to read:

AB655,89,25 285.23 (6) Report to the joint committee for review of administrative rules. Before the department issues documents under sub. (2) and at least 90 days before the governor is required to make a submission on a nonattainment designation under 42 USC 7407 (d) (1) (A), the department shall prepare and submit a report to the joint committee for review of administrative rules that contains a description of any area proposed to be identified as a nonattainment area and supporting documentation. If the department has complied with sub. (4) and if, within 30 days after the department submits the report, the cochairpersons of the joint committee for review of administrative rules do not return the report to the department with a written explanation of why the committee is returning the report, the department may issue the documents under sub. (2) and the governor may make the submission. If, within 30 days after the department submits the report, the cochairpersons of the joint committee for review of administrative rules return the report to the department with a written explanation of why the committee is returning the report, the department may not issue the documents under sub. (2) and the governor may not make the submission until the committee agrees that the department has adequately addressed the issues raised by the committee.

AB655, s. 226 Section 226. 285.27 (1) (a) of the statutes is amended to read:

AB655,90,9 285.27 (1) (a) Similar to federal 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 a rule a similar that incorporates that emission standard but this standard and related administrative requirements. The department may not be promulgate a rule under this paragraph that is more restrictive in terms of emission limitations or otherwise more burdensome to persons operating sources affected by the emission standard than the federal standard and related requirements except as provided under sub. (4).

AB655, s. 227 Section 227. 285.27 (2) (a) of the statutes is amended to read:

AB655,90,18 285.27 (2) (a) Similar to federal 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 a rule a similar that incorporates that emission standard but this standard and related administrative requirements. The department may not be promulgate a rule under this paragraph that is more restrictive in terms of emission limitations or otherwise more burdensome to persons operating sources affected by the emission standard than the federal standard and related requirements except as provided under sub. (4).

AB655, s. 228 Section 228. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.) and amended to read:

AB655,91,2 285.27 (2) (b) Standard to protect public health or welfare. (intro.) If an emission standard for a hazardous air contaminant is not promulgated under section 112 of the federal clean air act, the department may promulgate an emission standard for the hazardous air contaminant if the department finds the standard is needed to provide adequate protection for public health or welfare. The department may not make a finding for a hazardous air contaminant unless the finding is supported with written documentation that includes all of the following:

AB655, s. 229 Section 229. 285.27 (2) (b) 1. to 3. of the statutes are created to read:

AB655,91,6 285.27 (2) (b) 1. A public health risk assessment that characterizes the stationary sources in this state that are known to emit the hazardous air contaminant and the individuals who are potentially at risk from the emissions.

AB655,91,9 2. An analysis showing that identified individuals are subjected to inhalation levels of the hazardous air contaminant that are above recognized environmental health standards.

AB655,91,13 3. An evaluation of options for managing the risks caused by the hazardous air contaminant considering risks, costs, economic impacts, feasibility, energy, safety, and other relevant factors, and a finding that the chosen compliance alternative reduces risks in the most cost-effective manner practicable.

AB655, s. 230 Section 230. 285.27 (2) (d) of the statutes is created to read:

AB655,91,22 285.27 (2) (d) Emissions regulated under federal law. Emissions limitations promulgated under par. (b) and related control requirements do not apply to hazardous air contaminants emitted by emissions units, operations, or activities that are regulated by an emission standard promulgated under the federal clean air act, including a hazardous air contaminant that is regulated under the federal clean air act by virtue of regulation of another substance as a surrogate for the hazardous air contaminant or by virtue of regulation of a species or category of hazardous air contaminants that includes the hazardous air contaminant.

AB655, s. 231 Section 231. 285.27 (4) of the statutes is amended to read:

AB655,92,9 285.27 (4) Impact of change in federal standards. If the standards of performance for new stationary sources or the emission standards for hazardous air contaminants 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. The department may not make this finding for an emission standard for a hazardous air contaminant unless the finding is supported with the written documentation required under sub. (2) (b) 1. to 3. This subsection applies to state standards of performance for new stationary sources and emission standards for hazardous air contaminants in effect on April 30, 1980, if the relaxation in the corresponding federal standards occurs after April 30, 1980.

AB655, s. 232 Section 232. 285.60 (1) (a) 1. of the statutes is amended to read:

AB655,92,14 285.60 (1) (a) 1. Except as provided in sub. (2g), (3) (c), (5m), (6), (6m), or (6r), no person may commence construction, reconstruction, replacement or modification of a stationary source unless the person has a construction permit from the department.

AB655, s. 233 Section 233. 285.60 (1) (b) 1. of the statutes is amended to read:

AB655,92,18 285.60 (1) (b) 1. Except as provided in subd. 2., par. (a) 2., sub. (2g), (6), or (6m), or s. 285.62 (8), no person may operate a new source or a modified source unless the person has an operation permit under s. 285.62 from the department.

AB655, s. 234 Section 234. 285.60 (2) (a) of the statutes is amended to read:

AB655,92,23 285.60 (2) (a) Operation permit requirement. Except as provided in sub. (6) or (6m) or s. 285.62 (8), no person may operate an existing source after the operation permit requirement date specified under s. 285.62 (11) (a) unless the person has an operation permit under s. 285.62 from the department.

AB655, s. 235 Section 235. 285.60 (2g) of the statutes is created to read:

AB655,93,9 285.60 (2g) Registration permits. (a) Rules. Subject to sub. (8), the department shall promulgate rules specifying a simplified process under which the department issues a registration permit for a stationary source with low actual emissions if the owner or operator provides to the department, on a form prescribed by the department, sufficient information to show that the source qualifies for a registration permit. In the rules, the department shall include criteria for identifying categories of sources the owners or operators of which may elect to obtain registration permits and general requirements applicable to sources that qualify for registration permits.

AB655,93,13 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62 (2) to (7) do not apply to a registration permit under this subsection. Within 15 days after receipt of the form prescribed by the department, the department shall provide one of the following to an applicant for a registration permit:

AB655,93,16 1. Written notice of the department's determination that the source qualifies for a registration permit and that the applicant may operate the source consistent with the terms and conditions of the registration permit.

AB655,93,18 2. A written description of any information that is missing from the application for a registration permit.

AB655,93,21 3. Written notice of the department's determination that the source does not qualify for a registration permit, specifically describing the reasons for that determination.

AB655,93,25 (c) Exemption from requirement for permit prior to construction. A person is not required to obtain a permit prior to construction, reconstruction, replacement, or modification of a stationary source that qualifies for a registration permit under par. (a) unless a construction permit is required under the federal clean air act.

AB655, s. 236 Section 236. 285.60 (2m) of the statutes is repealed.

AB655, s. 237 Section 237. 285.60 (3) of the statutes is repealed and recreated to read:

AB655,94,7 285.60 (3) General permits. (a) Rules. The department shall promulgate rules for the issuance of general permits for similar stationary sources. In the rules, the department shall specify criteria for identifying categories of sources for which the department may issue general permits and general requirements applicable to sources that qualify for general permits.

AB655,94,12 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62 (2) to (5) do not apply to the determination of whether a source is covered by a general permit under this subsection. Within 15 days after receipt of an application for coverage under a general permit, the department shall provide one of the following to the applicant:

AB655,94,15 1. Written notice of the department's determination that the source qualifies for coverage under the general permit and that the applicant may operate the source consistent with the terms and conditions of the general permit.

AB655,94,17 2. A written description of any information that is missing from the application for coverage under the general permit.

AB655,94,20 3. Written notice of the department's determination that the source does not qualify for coverage under the general permit, specifically describing the reasons for that determination.

AB655,94,24 (c) Exemption from requirement for permit prior to construction. A person is not required to obtain a permit prior to construction, reconstruction, replacement or modification of a stationary source that qualifies for coverage under a general permit under par. (a) unless a construction permit is required under the federal clean air act.

AB655, s. 238 Section 238. 285.60 (5m) of the statutes is created to read:

AB655,95,6 285.60 (5m) Waiver of construction permit requirements. Subject to sub. (8), the department shall grant a waiver from the requirement to obtain a construction permit prior to construction, reconstruction, replacement, or modification of a stationary source upon a showing by the owner or operator of the stationary source that obtaining the permit would cause undue hardship. The department shall act on a waiver request within 15 days after it receives the request.

AB655, s. 239 Section 239. 285.60 (6) of the statutes is amended to read:

AB655,95,13 285.60 (6) Exemption by rule. Notwithstanding the other provisions of this section Subject to sub. (8), the department may shall, by rule, exempt types of stationary minor sources from any the requirement of this section to obtain a construction permit and an operation permit if the potential emissions from the sources do not present a significant hazard to public health, safety or welfare or to the environment.

AB655, s. 240 Section 240. 285.60 (6m) of the statutes is created to read:

AB655,95,19 285.60 (6m) Specific exemption. A person is not required to obtain a construction permit or an operation permit for a source that is an agricultural facility, as defined in s. 281.16 (1) (a), a livestock operation, as defined in s. 281.16 (1) (c), or an agricultural practice, as defined in s. 281.16 (1) (b), unless a permit is required by the federal clean air act.

AB655, s. 241 Section 241. 285.60 (6r) of the statutes is created to read:

AB655,96,2 285.60 (6r) Exemption from construction permit requirement. A person is not required to obtain a construction permit for a source that is a component of a process, of equipment, or of an activity that is otherwise covered by a preexisting operation permit or a source that is a component of a process, of equipment, or of an activity that is included in a completed application for an operation permit, unless a construction permit is required under the federal clean air act.

AB655, s. 242 Section 242. 285.60 (8) of the statutes is created to read:

AB655,96,6 285.60 (8) Compliance with federal law. The department may not promulgate a rule or take any other action under this section that conflicts with the federal clean air act.

AB655, s. 243 Section 243. 285.60 (9) of the statutes is created to read:

AB655,96,19 285.60 (9) Petitions for registration permits, general permits, and exemptions. A person may petition the department to make a determination that a type of stationary source meets the criteria for a registration permit under sub. (2g), a general permit under sub. (3), or an exemption under sub. (6). The department shall provide a written response to a petition within 30 days after receiving the petition indicating whether the type of stationary source meets the applicable criteria for a registration permit, a general permit, or an exemption. If the type of source meets the applicable criteria, the department shall, within 365 days after receiving the petition, issue the registration permit or general permit or, for an exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed form any necessary rules or take any other action that is necessary provide the exemption.

AB655, s. 244 Section 244. 285.60 (10) of the statutes is created to read:

AB655,97,4 285.60 (10) Permit streamlining. The department shall continually assess permit obligations imposed under this section and ss. 285.61 to 285.65 and implement measures that are consistent with this chapter and the federal clean air act to allow for timely installation and operation of equipment and processes and the pursuit of related economic activity by lessening those obligations, including consolidating the permits for sources at a facility into one permit, expanding exemptions under sub. (6), and expanding the availability of registration permits under sub. (2g), general permits under sub. (3), and construction permit waivers under sub. (5m).

AB655, s. 245 Section 245. 285.61 (1) of the statutes is amended to read:

AB655,97,11 285.61 (1) Applicant notice Application required. A person who is required to obtain or who seeks a construction permit shall apply to the department or a certified contractor for a permit to construct, reconstruct, replace or modify the stationary source. If a person applies to a certified contractor under this subsection, the person shall provide notice of that application to the department as prescribed by the department.

AB655, s. 246 Section 246. 285.61 (2) of the statutes is renumbered 285.61 (2) (a) and amended to read:

AB655,97,19 285.61 (2) (a) Request for additional information. Within 20 days after receipt of the application the department or the certified contractor shall indicate provide written notice to the applicant describing specifically all of the plans, specifications and any other information necessary to determine if the proposed construction, reconstruction, replacement or modification will meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.

AB655, s. 247 Section 247. 285.61 (2) (b) of the statutes is created to read:

AB655,98,2 285.61 (2) (b) When application is considered to be complete. For the purposes of the time limits in sub. (3), an application is considered to be complete when the applicant provides the information specified in the written notice under par. (a), or, if the department or the certified contractor does not provide written notice to an applicant within the time limit in par. (a), 20 days after receipt of the application. This paragraph does not prevent the department or a certified contractor from requesting additional information from an applicant after the time limit in par. (a).

AB655, s. 248 Section 248. 285.61 (3) of the statutes is amended to read: