SB313, s. 218
22Section
218. 285.21 (1) (a) (title) of the statutes is repealed.
SB313, s. 219
23Section
219. 285.21 (1) (a) of the statutes is renumbered 285.21 (1) and
24amended to read:
SB313,88,4
1285.21
(1) Ambient air quality standards. If an ambient air quality standard
2is promulgated under section 109 of the federal clean air act, the department shall
3promulgate by rule a similar standard but this standard may not be more restrictive
4than the federal standard
except as provided under sub. (4).
SB313, s. 220
5Section
220. 285.21 (1) (b) of the statutes is repealed.
SB313, s. 221
6Section
221. 285.21 (2) of the statutes is amended to read:
SB313,88,117
285.21
(2) Ambient air increment. The department shall promulgate by rule
8ambient air increments for various air contaminants in attainment areas. The
9ambient air increments shall be consistent with and not more restrictive, either in
10terms of the concentration or the contaminants to which they apply, than ambient
11air increments under the federal clean air act
except as provided under sub. (4).
SB313, s. 222
12Section
222. 285.21 (4) of the statutes is amended to read:
SB313,88,1713
285.21
(4) Impact of change in federal standards. If the ambient air
14increment or the ambient air quality standards in effect on April 30, 1980, under the
15federal clean air act are
relaxed modified, the department shall alter the
16corresponding state standards
unless it finds that the relaxed standards would not
17provide adequate protection for public health and welfare accordingly.
SB313, s. 223
18Section
223. 285.23 (1) of the statutes is amended to read:
SB313,88,2519
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.
The department may not identify a
22county as part of a nonattainment area if the the concentration of an air contaminant
23in the atmosphere does not exceed an ambient air quality standard, unless the
24department is required under the federal clean air act to identify the county as part
25of a nonattainment area.
SB313, s. 224
1Section
224. 285.23 (5) of the statutes is created to read:
SB313,89,72
285.23
(5) Particulate standards. The department may not identify an area
3as a nonattainment area based on the concentration in the atmosphere of particulate
4matter measured as total suspended particulates and shall redesignate as an
5attainment area any area identified as a nonattainment area if the only basis on
6which the area could be identified as a nonattainment area is the concentration in
7the atmosphere of particulate matter measured as total suspended particulates.
SB313, s. 225
8Section
225. 285.23 (6) of the statutes is created to read:
SB313,89,259
285.23
(6) Report to the joint committee for review of administrative rules. 10Before the department issues documents under sub. (2) and at least 90 days before
11the governor is required to make a submission on a nonattainment designation
12under
42 USC 7407 (d) (1) (A), the department shall prepare and submit a report to
13the joint committee for review of administrative rules that contains a description of
14any area proposed to be identified as a nonattainment area and supporting
15documentation. If the department has complied with sub. (4) and if, within 30 days
16after the department submits the report, the cochairpersons of the joint committee
17for review of administrative rules do not return the report to the department with
18a written explanation of why the committee is returning the report, the department
19may issue the documents under sub. (2) and the governor may make the submission.
20If, within 30 days after the department submits the report, the cochairpersons of the
21joint committee for review of administrative rules return the report to the
22department with a written explanation of why the committee is returning the report,
23the department may not issue the documents under sub. (2) and the governor may
24not make the submission until the committee agrees that the department has
25adequately addressed the issues raised by the committee.
SB313, s. 226
1Section
226. 285.27 (1) (a) of the statutes is amended to read:
SB313,90,92
285.27
(1) (a)
Similar to federal Federal standard. If a standard of performance
3for new stationary sources is promulgated under
section 111 of the federal clean air
4act, the department shall promulgate
by a rule
a similar that incorporates that 5emission standard
but this standard and related administrative requirements. The
6department may not
be promulgate a rule under this paragraph that is more
7restrictive in terms of emission limitations
or otherwise more burdensome to persons
8operating sources affected by the emission standard than the federal standard
and
9related requirements except as provided under sub. (4).
SB313, s. 227
10Section
227. 285.27 (2) (a) of the statutes is amended to read:
SB313,90,1811
285.27
(2) (a)
Similar to federal Federal standard. If an emission standard for
12a hazardous air contaminant is promulgated under
section 112 of the federal clean
13air act, the department shall promulgate
by a rule
a similar that incorporates that
14emission standard
but this standard and related administrative requirements. The
15department may not
be promulgate a rule under this paragraph that is more
16restrictive in terms of emission limitations
or otherwise more burdensome to persons
17operating sources affected by the emission standard than the federal standard
and
18related requirements except as provided under sub. (4).
SB313, s. 228
19Section
228. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.)
20and amended to read:
SB313,91,221
285.27
(2) (b)
Standard to protect public health or welfare. (intro.) If an
22emission standard for a hazardous air contaminant is not promulgated under
section
23112 of the federal clean air act, the department may promulgate an emission
24standard for the hazardous air contaminant if the department finds the standard is
25needed to provide adequate protection for public health or welfare.
The department
1may not make a finding for a hazardous air contaminant unless the finding is
2supported with written documentation that includes all of the following:
SB313, s. 229
3Section
229. 285.27 (2) (b) 1. to 3. of the statutes are created to read:
SB313,91,64
285.27
(2) (b) 1. A public health risk assessment that characterizes the
5stationary sources in this state that are known to emit the hazardous air
6contaminant and the individuals who are potentially at risk from the emissions.
SB313,91,97
2. An analysis showing that identified individuals are subjected to inhalation
8levels of the hazardous air contaminant that are above recognized environmental
9health standards.
SB313,91,1310
3. An evaluation of options for managing the risks caused by the hazardous air
11contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
12and other relevant factors, and a finding that the chosen compliance alternative
13reduces risks in the most cost-effective manner practicable.
SB313, s. 230
14Section
230. 285.27 (2) (d) of the statutes is created to read:
SB313,91,2215
285.27
(2) (d)
Emissions regulated under federal law. Emissions limitations
16promulgated under par. (b) and related control requirements do not apply to
17hazardous air contaminants emitted by emissions units, operations, or activities
18that are regulated by an emission standard promulgated under the federal clean air
19act, including a hazardous air contaminant that is regulated under the federal clean
20air act by virtue of regulation of another substance as a surrogate for the hazardous
21air contaminant or by virtue of regulation of a species or category of hazardous air
22contaminants that includes the hazardous air contaminant.
SB313, s. 231
23Section
231. 285.27 (4) of the statutes is amended to read:
SB313,92,924
285.27
(4) Impact of change in federal standards. If the standards of
25performance for new stationary sources or the emission standards for hazardous air
1contaminants under the federal clean air act are relaxed, the department shall alter
2the corresponding state standards unless it finds that the relaxed standards would
3not provide adequate protection for public health and welfare.
The department may
4not make this finding for an emission standard for a hazardous air contaminant
5unless the finding is supported with the written documentation required under sub.
6(2) (b) 1. to 3. This subsection applies to state standards of performance for new
7stationary sources and emission standards for hazardous air contaminants in effect
8on April 30, 1980, if the relaxation in the corresponding federal standards occurs
9after April 30, 1980.
SB313, s. 232
10Section
232. 285.60 (1) (a) 1. of the statutes is amended to read:
SB313,92,1411
285.60
(1) (a) 1. Except as provided in sub.
(2g), (3) (c), (5m), (6)
, (6m), or (6r),
12no person may commence construction, reconstruction, replacement or modification
13of a stationary source unless the person has a construction permit from the
14department.
SB313, s. 233
15Section
233. 285.60 (1) (b) 1. of the statutes is amended to read:
SB313,92,1816
285.60
(1) (b) 1. Except as provided in subd. 2., par. (a) 2., sub.
(2g), (6)
, or (6m), 17or s. 285.62 (8), no person may operate a new source or a modified source unless the
18person has an operation permit under s. 285.62 from the department.
SB313, s. 234
19Section
234. 285.60 (2) (a) of the statutes is amended to read:
SB313,92,2320
285.60
(2) (a)
Operation permit requirement. Except as provided in sub. (6)
or
21(6m) or s. 285.62 (8), no person may operate an existing source after the operation
22permit requirement date specified under s. 285.62 (11) (a) unless the person has an
23operation permit under s. 285.62 from the department.
SB313, s. 235
24Section
235. 285.60 (2g) of the statutes is created to read:
SB313,93,9
1285.60
(2g) Registration permits. (a)
Rules. Subject to sub. (8), the
2department shall promulgate rules specifying a simplified process under which the
3department issues a registration permit for a stationary source with low actual
4emissions if the owner or operator provides to the department, on a form prescribed
5by the department, sufficient information to show that the source qualifies for a
6registration permit. In the rules, the department shall include criteria for
7identifying categories of sources the owners or operators of which may elect to obtain
8registration permits and general requirements applicable to sources that qualify for
9registration permits.
SB313,93,1310
(b)
Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
11(2) to (7) do not apply to a registration permit under this subsection. Within 15 days
12after receipt of the form prescribed by the department, the department shall provide
13one of the following to an applicant for a registration permit:
SB313,93,1614
1. Written notice of the department's determination that the source qualifies
15for a registration permit and that the applicant may operate the source consistent
16with the terms and conditions of the registration permit.
SB313,93,1817
2. A written description of any information that is missing from the application
18for a registration permit.
SB313,93,2119
3. Written notice of the department's determination that the source does not
20qualify for a registration permit, specifically describing the reasons for that
21determination.
SB313,93,2522
(c)
Exemption from requirement for permit prior to construction. A person is
23not required to obtain a permit prior to construction, reconstruction, replacement,
24or modification of a stationary source that qualifies for a registration permit under
25par. (a) unless a construction permit is required under the federal clean air act.
SB313, s. 236
1Section
236. 285.60 (2m) of the statutes is repealed.
SB313, s. 237
2Section
237. 285.60 (3) of the statutes is repealed and recreated to read:
SB313,94,73
285.60
(3) General permits. (a)
Rules. The department shall promulgate rules
4for the issuance of general permits for similar stationary sources. In the rules, the
5department shall specify criteria for identifying categories of sources for which the
6department may issue general permits and general requirements applicable to
7sources that qualify for general permits.
SB313,94,128
(b)
Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
9(2) to (5) do not apply to the determination of whether a source is covered by a general
10permit under this subsection. Within 15 days after receipt of an application for
11coverage under a general permit, the department shall provide one of the following
12to the applicant:
SB313,94,1513
1. Written notice of the department's determination that the source qualifies
14for coverage under the general permit and that the applicant may operate the source
15consistent with the terms and conditions of the general permit.
SB313,94,1716
2. A written description of any information that is missing from the application
17for coverage under the general permit.
SB313,94,2018
3. Written notice of the department's determination that the source does not
19qualify for coverage under the general permit, specifically describing the reasons for
20that determination.
SB313,94,2421
(c)
Exemption from requirement for permit prior to construction. A person is
22not required to obtain a permit prior to construction, reconstruction, replacement or
23modification of a stationary source that qualifies for coverage under a general permit
24under par. (a) unless a construction permit is required under the federal clean air act.
SB313, s. 238
25Section
238. 285.60 (5m) of the statutes is created to read:
SB313,95,6
1285.60
(5m) Waiver of construction permit requirements. Subject to sub. (8),
2the department shall grant a waiver from the requirement to obtain a construction
3permit prior to construction, reconstruction, replacement, or modification of a
4stationary source upon a showing by the owner or operator of the stationary source
5that obtaining the permit would cause undue hardship. The department shall act
6on a waiver request within 15 days after it receives the request.
SB313, s. 239
7Section
239. 285.60 (6) of the statutes is amended to read:
SB313,95,138
285.60
(6) Exemption by rule. Notwithstanding the other provisions of this
9section Subject to sub. (8), the department
may shall, by rule, exempt
types of
10stationary minor sources from
any
the requirement
of this section to obtain a
11construction permit and an operation permit if the
potential emissions from the
12sources do not present a significant hazard to public health, safety or welfare or to
13the environment.
SB313, s. 240
14Section
240. 285.60 (6m) of the statutes is created to read:
SB313,95,1915
285.60
(6m) Specific exemption. A person is not required to obtain a
16construction permit or an operation permit for a source that is an agricultural
17facility, as defined in s. 281.16 (1) (a), a livestock operation, as defined in s. 281.16
18(1) (c), or an agricultural practice, as defined in s. 281.16 (1) (b), unless a permit is
19required by the federal clean air act.
SB313, s. 241
20Section
241. 285.60 (6r) of the statutes is created to read:
SB313,96,221
285.60
(6r) Exemption from construction permit requirement. A person is not
22required to obtain a construction permit for a source that is a component of a process,
23of equipment, or of an activity that is otherwise covered by a preexisting operation
24permit or a source that is a component of a process, of equipment, or of an activity
1that is included in a completed application for an operation permit, unless a
2construction permit is required under the federal clean air act.
SB313, s. 242
3Section
242. 285.60 (8) of the statutes is created to read:
SB313,96,6
4285.60 (8) Compliance with federal law. The department may not promulgate
5a rule or take any other action under this section that conflicts with the federal clean
6air act.
SB313, s. 243
7Section
243. 285.60 (9) of the statutes is created to read:
SB313,96,198
285.60
(9) Petitions for registration permits, general permits, and
9exemptions. A person may petition the department to make a determination that a
10type of stationary source meets the criteria for a registration permit under sub. (2g),
11a general permit under sub. (3), or an exemption under sub. (6). The department
12shall provide a written response to a petition within 30 days after receiving the
13petition indicating whether the type of stationary source meets the applicable
14criteria for a registration permit, a general permit, or an exemption. If the type of
15source meets the applicable criteria, the department shall, within 365 days after
16receiving the petition, issue the registration permit or general permit or, for an
17exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed
18form any necessary rules or take any other action that is necessary provide the
19exemption.
SB313, s. 244
20Section
244. 285.60 (10) of the statutes is created to read:
SB313,97,421
285.60
(10) Permit streamlining. The department shall continually assess
22permit obligations imposed under this section and ss. 285.61 to 285.65 and
23implement measures that are consistent with this chapter and the federal clean air
24act to allow for timely installation and operation of equipment and processes and the
25pursuit of related economic activity by lessening those obligations, including
1consolidating the permits for sources at a facility into one permit, expanding
2exemptions under sub. (6), and expanding the availability of registration permits
3under sub. (2g), general permits under sub. (3), and construction permit waivers
4under sub. (5m).
SB313, s. 245
5Section
245. 285.61 (1) of the statutes is amended to read:
SB313,97,116
285.61
(1) Applicant notice
Application required. A person who is required
7to obtain or who seeks a construction permit shall apply to the department
or a
8certified contractor for a permit to construct, reconstruct, replace or modify the
9stationary source.
If a person applies to a certified contractor under this subsection,
10the person shall provide notice of that application to the department as prescribed
11by the department.
SB313, s. 246
12Section
246. 285.61 (2) of the statutes is renumbered 285.61 (2) (a) and
13amended to read:
SB313,97,1914
285.61
(2) (a)
Request for additional information. Within 20 days after receipt
15of the application the department
or the certified contractor shall
indicate provide
16written notice to the applicant describing specifically all of the plans, specifications
17and any other information necessary to determine if the proposed construction,
18reconstruction, replacement or modification will meet the requirements of this
19chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.
SB313, s. 247
20Section
247. 285.61 (2) (b) of the statutes is created to read:
SB313,98,221
285.61
(2) (b)
When application is considered to be complete. For the purposes
22of the time limits in sub. (3), an application is considered to be complete when the
23applicant provides the information specified in the written notice under par. (a), or,
24if the department or the certified contractor does not provide written notice to an
25applicant within the time limit in par. (a), 20 days after receipt of the application.
1This paragraph does not prevent the department or a certified contractor from
2requesting additional information from an applicant after the time limit in par. (a).
SB313, s. 248
3Section
248. 285.61 (3) of the statutes is amended to read:
SB313,98,94
285.61
(3) Analysis. The department
or certified contractor shall prepare an
5analysis regarding the effect of the proposed construction, reconstruction,
6replacement or modification on ambient air quality and a preliminary determination
7on the approvability of the construction permit application, within the following time
8periods after the
receipt of the plans, specifications and other information 9application is considered to be complete under sub. (2) (b):
SB313,98,1110
(a)
Major source construction permits. For construction permits for major
11sources, within
120 60 days.
SB313,98,1312
(b)
Minor source construction permits. For construction permits for minor
13sources, within
30 15 days.
SB313, s. 249
14Section
249. 285.61 (4) (a) of the statutes is amended to read:
SB313,98,1815
285.61
(4) (a)
Distribution and publicity. The department shall distribute and
16publicize the analysis and preliminary determination as soon as they are prepared
17or, if the analysis and preliminary determination are prepared by a certified
18contractor, as soon as the department receives them from the certified contractor.
SB313, s. 250
19Section
250. 285.61 (4) (b) 2. and 3. of the statutes are amended to read:
SB313,98,2120
285.61
(4) (b) 2. A copy of the department's
or certified contractor's analysis and
21preliminary determination; and
SB313,98,2322
3. A copy or summary of other materials, if any, considered by the department
23or the certified contractor in making its preliminary determination.
SB313, s. 251
24Section
251. 285.61 (5) (a) (intro.) of the statutes is amended to read:
SB313,99,5
1285.61
(5) (a)
Distribution of notice required. (intro.) The department shall
2distribute a notice of the proposed construction, reconstruction, replacement or
3modification, a notice of the department's
or certified contractor's analysis and
4preliminary determination, a notice of the opportunity for public comment and a
5notice of the opportunity to request a public hearing to
all of the following:
SB313, s. 252
6Section
252. 285.61 (5) (c) of the statutes is amended to read:
SB313,99,137
285.61
(5) (c)
Newspaper notice. The department shall publish a class 1 notice
8under ch. 985 announcing the opportunity for written public comment and the
9opportunity to request a public hearing on the analysis and preliminary
10determination
within 10 days after the analysis and preliminary determination are
11prepared or, if the analysis and preliminary determination are prepared by a
12certified contractor, within 10 days after the department receives them from the
13certified contractor.
SB313, s. 253
14Section
253. 285.61 (7) (a) of the statutes is amended to read:
SB313,99,2215
285.61
(7) (a)
Hearing permitted. The department may hold a public hearing
16on the construction permit application if requested by a person
who may be directly
17aggrieved by the issuance of the permit, any affected state or the U.S. environmental
18protection agency within 30 days after the department gives notice under sub. (5) (c).
19A request for a public hearing shall indicate the interest of the party filing the
20request and the reasons why a hearing is warranted. The department shall hold the
21public hearing within
60 30 days after the deadline for requesting a hearing if it
22deems that there is a significant public interest in holding a hearing.
SB313, s. 254
23Section
254. 285.61 (8) (a) of the statutes is renumbered 285.61 (8) (a) 1.
SB313, s. 255
24Section
255. 285.61 (8) (a) 2. of the statutes is created to read:
SB313,100,6
1285.61
(8) (a) 2. Notwithstanding subd. 1. and s. 285.63, the department may
2not modify a preliminary determination made by a certified contractor under sub. (3)
3unless modification is necessary to comply with the federal clean air act or unless the
4comments received under subs. (6) and (7) or consideration of the environmental
5impact as required under s. 1.11 provide clear and convincing evidence that issuance
6of the permit would cause material harm to public health, safety, or welfare.
SB313, s. 256
7Section
256. 285.61 (8) (b) of the statutes is amended to read:
SB313,100,138
285.61
(8) (b)
Time limits. The department shall act on a construction permit
9application within 60 days after the
close of the public comment period or the public
10hearing, whichever is later department gives notice under sub. (5) (c), unless
11compliance with s. 1.11 requires a longer time. For a major source that is located in
12an attainment area, the department shall complete its responsibilities under s. 1.11
13within one year.