AB655: Bill Text

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:

AB655,98,9 285.61 (3) Analysis. The department or certified contractor shall prepare an analysis regarding the effect of the proposed construction, reconstruction, replacement or modification on ambient air quality and a preliminary determination on the approvability of the construction permit application, within the following time periods after the receipt of the plans, specifications and other information application is considered to be complete under sub. (2) (b):

AB655,98,11 (a) Major source construction permits. For construction permits for major sources, within 120 60 days.

AB655,98,13 (b) Minor source construction permits. For construction permits for minor sources, within 30 15 days.

AB655, s. 249 Section 249. 285.61 (4) (a) of the statutes is amended to read:

AB655,98,18 285.61 (4) (a) Distribution and publicity. The department shall distribute and publicize the analysis and preliminary determination as soon as they are prepared or, if the analysis and preliminary determination are prepared by a certified contractor, as soon as the department receives them from the certified contractor.

AB655, s. 250 Section 250. 285.61 (4) (b) 2. and 3. of the statutes are amended to read:

AB655,98,21 285.61 (4) (b) 2. A copy of the department's or certified contractor's analysis and preliminary determination; and

AB655,98,23 3. A copy or summary of other materials, if any, considered by the department or the certified contractor in making its preliminary determination.

AB655, s. 251 Section 251. 285.61 (5) (a) (intro.) of the statutes is amended to read:

AB655,99,5 285.61 (5) (a) Distribution of notice required. (intro.) The department shall distribute a notice of the proposed construction, reconstruction, replacement or modification, a notice of the department's or certified contractor's analysis and preliminary determination, a notice of the opportunity for public comment and a notice of the opportunity to request a public hearing to all of the following:

AB655, s. 252 Section 252. 285.61 (5) (c) of the statutes is amended to read:

AB655,99,13 285.61 (5) (c) Newspaper notice. The department shall publish a class 1 notice under ch. 985 announcing the opportunity for written public comment and the opportunity to request a public hearing on the analysis and preliminary determination within 10 days after the analysis and preliminary determination are prepared or, if the analysis and preliminary determination are prepared by a certified contractor, within 10 days after the department receives them from the certified contractor.

AB655, s. 253 Section 253. 285.61 (7) (a) of the statutes is amended to read:

AB655,99,22 285.61 (7) (a) Hearing permitted. The department may hold a public hearing on the construction permit application if requested by a person who may be directly aggrieved by the issuance of the permit, any affected state or the U.S. environmental protection agency within 30 days after the department gives notice under sub. (5) (c). A request for a public hearing shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold the public hearing within 60 30 days after the deadline for requesting a hearing if it deems that there is a significant public interest in holding a hearing.

AB655, s. 254 Section 254. 285.61 (8) (a) of the statutes is renumbered 285.61 (8) (a) 1.

AB655, s. 255 Section 255. 285.61 (8) (a) 2. of the statutes is created to read:

AB655,100,6 285.61 (8) (a) 2. Notwithstanding subd. 1. and s. 285.63, the department may not modify a preliminary determination made by a certified contractor under sub. (3) unless modification is necessary to comply with the federal clean air act or unless the comments received under subs. (6) and (7) or consideration of the environmental impact as required under s. 1.11 provide clear and convincing evidence that issuance of the permit would cause material harm to public health, safety, or welfare.

AB655, s. 256 Section 256. 285.61 (8) (b) of the statutes is amended to read:

AB655,100,13 285.61 (8) (b) Time limits. The department shall act on a construction permit application within 60 days after the close of the public comment period or the public hearing, whichever is later department gives notice under sub. (5) (c), unless compliance with s. 1.11 requires a longer time. For a major source that is located in an attainment area, the department shall complete its responsibilities under s. 1.11 within one year.

AB655, s. 257 Section 257. 285.61 (10) of the statutes is created to read:

AB655,100,17 285.61 (10) Extensions. The department may extend any time limit applicable to the department or a certified contractor under this section at the request of an applicant.

AB655, s. 258 Section 258. 285.61 (11) of the statutes is created to read:

AB655,101,2 285.61 (11) Delay in issuing permits. Subject to sub. (10), if the department fails to act on an application for a construction permit within the time limit in sub. (8) (b), the department shall include in a report the reasons for the delay in acting on the application, including the names of the department's employees responsible for review of the application, and recommendations for how to avoid similar delays in the future. The department shall make reports under this subsection available to the public, place a prominent notice of the reports on the department's Internet site, and submit the reports to the joint committee for the review of administrative rules on a quarterly basis.

AB655, s. 259 Section 259. 285.62 (1) of the statutes is amended to read:

AB655,101,12 285.62 (1) Applicant notice Application required. A person who is required to obtain an operation permit for a stationary source shall apply to the department or to a certified contractor for the permit on or before the operation permit application date specified under 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 or the certified contractor 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.

AB655, s. 260 Section 260. 285.62 (2) of the statutes is renumbered 285.62 (2) (a) and amended to read:

AB655,101,20 285.62 (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 any additional information required under sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.