285.64(1)(1)
Issuance to sources not in compliance; federal objection. 285.64(1)(a)(a) Notwithstanding
s. 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under
s. 285.11 (6) or in
s. 285.63 when the operation permit is issued if the operation permit includes all of the following:
285.64(1)(a)1.
1. A compliance schedule that sets forth a series of remedial measures that the owner or operator of the stationary source must take to comply with the requirements with which the stationary source is in violation when the operation permit is issued.
285.64(1)(a)2.
2. A requirement that, at least once every 6 months, the owner or operator of the stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the stationary source is in violation when the operation permit is issued.
285.64(1)(b)
(b) Notwithstanding
par. (a) and
s. 285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in
s. 285.62 (6) unless the department revises the operation permit to meet the objection.
285.64(2)
(2) One-year moratorium on revocation. 285.64(2)(a)(a) The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15.
285.64(2)(b)
(b) Notwithstanding
par. (a), the department may take any other action necessary to enforce an operation permit and this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15 which apply to the existing source after issuance of an operation permit under this section.
285.64 History
History: 1979 c. 221,
355;
1991 a. 302;
1995 a. 27;
1995 a. 227 s.
489; Stats. 1995 s. 285.64.
285.65
285.65
Permit conditions. The department may prescribe conditions for an air pollution control permit to ensure compliance with this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15 and to ensure compliance with the federal clean air act if each condition is one of the following and if each condition is applicable to the source:
285.65(1)
(1) Final inspection and release of the project for permanent operation upon completion of construction, reconstruction, replacement or modification.
285.65(2)
(2) Variances, orders or compliance schedules.
285.65(4)
(4) Reasonable construction and applicable operating conditions, emission control equipment maintenance requirements and emergency episode plans.
285.65(6)
(6) Documentation of the allocation of the available air resource.
285.65(7)
(7) The terms of any election by the permit applicant to meet more stringent emission limitations or to limit hourly, daily or annual emissions beyond what is otherwise required or to obtain an emission reduction option.
285.65(8)
(8) The terms for use of growth accommodation credits under
s. 285.63 (7) or
(8), including the dates that the source expects to use the credits.
285.65(9)
(9) Requirements concerning entry and inspection as provided in
s. 285.19.
285.65(10)
(10) Monitoring, record-keeping, reporting and compliance certification requirements.
285.65(11)
(11) Requirements to submit compliance plans and schedules and progress reports.
285.65(13)
(13) Other conditions applicable to the source under the federal clean air act.
285.65(14)
(14) Other requirements specified by rule by the department.
285.65 History
History: 1979 c. 34,
221;
1987 a. 27;
1991 a. 302;
1995 a. 227 s.
490; Stats. 1995 s. 285.65.
285.66
285.66
Permit duration and renewal. 285.66(1)
(1)
Construction. Unless otherwise specified in the permit, a construction permit is valid for 18 months from the date of issuance of the permit unless the permit is revoked or suspended. The department may extend the term of the construction permit for the purposes of commencing or completing construction, reconstruction, replacement or modification. Unless otherwise specified in a construction permit, the department may only extend the term of the permit for up to 18 additional months beyond the original 18-month period. If construction, reconstruction, replacement or modification is not completed within the term specified in the permit or any extension granted by the department, the applicant shall apply for a new construction permit.
285.66(2)
(2) Operation. The department shall specify the term of an operation permit in the operation permit. The term of an operation permit issued under
s. 285.62 or renewed under
sub. (3) may not exceed 5 years from the date of issuance or renewal.
285.66(3)(a)(a) A permittee shall apply for renewal of an operation permit at least 12 months before the operation permit expires. The permittee shall include any new or revised information needed to process the application for renewal.
285.66(3)(b)
(b) The department shall follow the procedures in
s. 285.62 in renewing an operation permit for a new source, a modified source or an existing source.
285.66(3)(c)
(c) The department may renew an operation permit if the criteria in
ss. 285.63 and
285.64 are met. Notwithstanding
s. 285.64 (1) (a), the department may deny an application for renewal of an operation permit for a stationary source if the stationary source is in violation of its current operation permit.
285.66 History
History: 1979 c. 34,
221;
1991 a. 302;
1995 a. 27;
1995 a. 227 s.
492; Stats. 1995 s. 285.66.
285.67
285.67
Permit revision, suspension and revocation. The department shall promulgate rules establishing criteria and procedures for revising, suspending and revoking air pollution control permits.
285.67 History
History: 1979 c. 34,
221;
1989 a. 335;
1991 a. 302;
1995 a. 227 s.
491; Stats. 1995 s. 285.67.
285.68
285.68
Failure to adopt rule or issue permit or exemption. The failure to adopt a rule or issue an air pollution control permit or the exemption or granting of an exemption from an air pollution control permit requirement does not relieve any person from compliance with any emission limitation or with any other provision of law.
285.68 History
History: 1979 c. 34;
1995 a. 227 s.
493; Stats. 1995 s. 285.68.
285.69(1)(1)
Rule making. The department may promulgate rules for the payment and collection of reasonable fees for all of the following:
285.69(1)(a)
(a)
Application for permit. Reviewing and acting upon any application for a construction permit.
285.69(1)(c)
(c)
Request for exemption. Reviewing and acting upon any request for an exemption from the requirement to obtain an air pollution control permit.
285.69(2)
(2) Fees for persons required to have operation permits. 285.69(2)(a)(a) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required. The rules shall provide all of the following:
285.69(2)(a)1.
1. That fees collected in a year before 2002 are based on actual emissions of all regulated pollutants and any other air contaminant specified by the department in the rules in the preceding year.
285.69(2)(a)2.
2. Except as provided under
par. (d), that the fees collected in 1993 are $18 per ton of each regulated pollutant.
285.69(2)(a)3.
3. Except as provided under
par. (d), that the fees collected in 1994 are $25 per ton increased by the percentage by which the consumer price index, as defined in
42 USC 7661a (b) (3) (B) (v), for 1993 exceeds the consumer price index for 1989.
285.69(2)(a)4.
4. That the fees collected in each year after 1994 and before 2002 are calculated by increasing the fees collected in the preceding year by the percentage by which the consumer price index, as defined in
42 USC 7661a (b) (3) (B) (v), increased in the preceding year.
285.69(2)(a)5.
5. That fees are not based on emissions by an air contaminant source in excess of 5,000 tons per year of each regulated pollutant, except that, subject to
par. (b), this limitation does not apply to a major utility, as defined in
s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of
42 USC 7651c.
285.69(2)(a)6.
6. That during 1995 to 1999, no fee is required to be paid under this subsection for emissions from any affected unit listed in Table A of
42 USC 7651c.
285.69(2)(a)7.
7. That the fees billed for a stationary source in each year after 2001 are based on the fees billed for the stationary source in 2001.
285.69(2)(a)8.
8. That the fee billed for each stationary source in each year after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the department in the rules, in the preceding 5 years, using a 5-year rolling average.
285.69(2)(a)9.
9. That fees billed in years after 2001 are determined using a performance-based approach that increases a stationary source's fees in proportion to increases in the amount of pollutants emitted by the stationary source, as determined under
subd. 8., and decreases a stationary source's fees in proportion to decreases in the amount of pollutants emitted by the stationary source, as determined under
subd. 8.
285.69(2)(a)10.
10. That no multiplier or similar mechanism is used that would increase a stationary source's fees to compensate for decreases in overall amounts of emissions.
285.69(2)(a)11.
11. That no provision is used that would increase the fee per unit of pollutant emitted in order to compensate for decreases in overall amounts of emissions.
285.69(2)(b)
(b) The department may not charge a major utility fees on emissions in excess of 5,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit listed in Table A of
42 USC 7651c owned by that major utility if the prohibition in
par. (a) 6. did not exist.
285.69(2)(c)1.
1. The costs of reviewing and acting on applications for operation permits; implementing and enforcing operation permits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and materials to assist persons who are subject to the operation permit program; ambient air quality modeling; preparing and maintaining emission inventories; and any other direct and indirect costs of the operation permit program.
285.69(2)(c)2.
2. Costs of any other activities related to stationary sources of air contaminants.
285.69(2)(d)
(d) The department may promulgate a rule reducing any operation permit fee required to be paid under
par. (a) by small business stationary sources to take into account the financial resources of small business stationary sources.
285.69(2)(e)
(e) Beginning in 2001, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of $ .86 per ton of actual emissions in the preceding year of all air contaminants on which the fee under
par. (a) is based.
285.69(3)
(3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $210 per project. The fees collected under this subsection shall be credited to the appropriation under
s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.
285.69(4)
(4) Information on fees. In promulgating rules under
subs. (1) and
(2), the department shall provide information on the costs upon which the proposed fees are based.
285.69(5)(a)(a) A one-time growth accommodation use fee shall be imposed at the time of application upon any person who obtains a certified growth accommodation credit under
s. 285.63 (7). If the amount of credit per calendar year varies between calendar years, the amount of the fee shall be based upon the largest annual credit for any calendar year. If the person submits more than one application in any calendar year, the fee for the application shall be based upon the largest cumulative credit obtained for any calendar year. A fee is nonrefundable, except that in determining a fee for an application in any calendar year, the department shall credit once to the person an amount equal to any fee previously paid in the same calendar year. All fees collected under this subsection shall be deposited in the general fund.
285.69(5)(b)
(b) Except as provided in
par. (d), if the amount of the growth accommodation credit obtained by the person in a calendar year is less than 40 tons, the amount of the fee shall be determined by multiplying the amount of the growth accommodation credit certified to the person, expressed in tons per year, by $100 per ton.
285.69(5)(c)
(c) Except as provided in
par. (d), if the amount of the growth accommodation credit obtained by the person in a calendar year is 40 tons or more, the amount of the fee shall be determined by multiplying the amount of the growth accommodation credit certified to the person, expressed in tons per year, by $200 per ton.
285.69(5)(d)
(d) A stationary source which is operating without an air pollution control permit required under
s. 285.60 but which can demonstrate to the satisfaction of the department the ability to comply with this chapter and
s. 299.15 after obtaining a growth accommodation credit under
s. 285.63 (7) shall be required to pay an amount from $200 to $1,000 times the amount of the growth accommodation credit certified to the person, expressed in tons per year.
285.69(6)
(6) Use of certain fees. The department shall use moneys collected under
subs. (1) and
(5) for the purposes in
subs. (1) and
(5). If moneys collected under
subs. (1) and
(5) exceed the amounts necessary for the purposes specified in
subs. (1) and
(5), the department may use the excess for other activities to control air pollution in this state.
285.69(7)
(7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in
s. 285.63 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under
s. 20.370 (2) (bg).
MISCELLANEOUS
285.70
285.70
Confidentiality of records. 285.70(1)
(1) Except as provided in
sub. (2), the department shall make any record, report or other information obtained in the administration of this chapter and
s. 299.15 available to the public.
285.70(2)
(2) The department shall keep confidential any part of a record, report or other information obtained in the administration of this chapter and
s. 299.15, other than emission data or an air pollution control permit, upon a showing satisfactory to the department by any person that the part of a record, report or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in
s. 134.90 (1) (c), of that person.
285.70(3)
(3) Subsection (2) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this chapter and
s. 299.15 or to an officer, employee or authorized representative of the federal government for the purpose of administering the federal clean air act. When the department provides information that is confidential under
sub. (2) to the federal government, the department shall also provide a copy of the application for confidential status.
285.71
285.71
Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control if first submitted to and approved by the department. The department shall approve any such application if it is consistent with the purposes of this chapter and any other applicable requirements of law.
285.71 History
History: 1979 c. 34;
1995 a. 227 s.
459; Stats. 1995 s. 285.71.
285.73
285.73
Local air pollution control programs. 285.73(1)
(1) After consultation with incorporated units of local government, any county may establish and thereafter administer within its jurisdiction, including incorporated areas, an air pollution control program which:
285.73(1)(a)
(a) Provides by ordinance for requirements compatible with, or stricter or more extensive than those imposed by this chapter and rules issued thereunder. Such ordinances shall supersede any existing local ordinances;
285.73(1)(b)
(b) Provides for the countywide enforcement of such requirements by appropriate administrative and judicial process;
285.73(1)(c)
(c) Provides for administrative organization, staff and financial and other resources necessary to effectively and efficiently carry out its program;
285.73(1)(d)
(d) May authorize municipalities to participate in the administration and enforcement of air pollution programs; and
285.73(1)(e)
(e) Is approved by the department as adequate to meet the requirements of this chapter and any applicable rules pursuant thereto.
285.73(2)
(2) Any county may consult with regional planning commissions and may administer all or part of its air pollution control program in cooperation with one or more other counties or municipalities. Performance by or on behalf of a county pursuant to such cooperative undertaking shall be considered to be performance by the county for purposes of this section.
285.73(3)
(3) If the department finds that the location, character or extent of particular concentrations of population, air contaminant sources, the geographic, topographic or meteorological considerations, or any combinations thereof, are such as to make impracticable the maintenance of appropriate levels of air quality without an area-wide air pollution control program, the department may determine the boundaries within which such program is necessary and require it.
