285.01(33)
(33) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
285.01(34)
(34) "Reasonably available control technology" means that control technology which provides the lowest emission rate that a particular source is capable of achieving by the application of control technology that is reasonably available considering technological and economic feasibility.
285.01(35)
(35) "Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage.
285.01(36)
(36) "Regulated pollutant" means any of the following, except for carbon monoxide:
285.01(36)(d)
(d) A pollutant for which a national primary ambient air quality standard has been promulgated under
42 USC 7409.
285.01(37)
(37) "Replenishment implementation period" means the period between August 1, 1987, and December 31 of the year by which the department requires full compliance with rules required to be promulgated under
s. 285.39 (3).
285.01(38)
(38) "Secretary" means the secretary of natural resources.
285.01(39)
(39) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in
s. 101.01 (12), with such surface water or groundwater as may be present.
285.01(40)
(40) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under
ch. 283, or source material, as defined in
s. 254.31 (10), special nuclear material, as defined in
s. 254.31 (11), or by-product material, as defined in
s. 254.31 (1).
285.01(41)
(41) "Stationary source" means any facility, building, structure or installation that directly or indirectly emits or may emit an air contaminant only from a fixed location. A stationary source includes an air contaminant source that is capable of being transported to a different location. A stationary source may consist of one or more pieces of process equipment, each of which is capable of emitting an air contaminant. A stationary source does not include a motor vehicle or equipment which is capable of emitting an air contaminant while moving.
285.01(42)
(42) "Volatile organic compound" means an organic compound which participates in an atmospheric photochemical reaction, as determined by the department by rule.
285.01(43)
(43) "Volatile organic compound accommodation area" means Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha counties and any other county specified by the department by rule in response to a finding by the federal environmental protection agency that the county is to be included in the volatile organic compound accommodation area.
285.01 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
285.01 Annotation
Cleaning the Air: Wisconsin's Air Quality Laws. Burke. Wis. Law. Aug. 1992.
GENERAL POWERS AND DUTIES
285.11
285.11
Air pollution control; department duties. The department shall:
285.11(1)
(1) Promulgate rules implementing and consistent with this chapter and
s. 299.15.
285.11(2)
(2) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter and
s. 299.15.
285.11(3)
(3) Encourage local units of government to handle air pollution problems within their respective jurisdictions and on a regional basis, and provide technical and consultative assistance for that purpose.
285.11(4)
(4) Collect and disseminate information and conduct educational and training programs relating to the purposes of this chapter and
s. 299.15.
285.11(5)
(5) Organize a comprehensive and integrated program to enhance the quality, management and protection of the state's air resources.
285.11(6)
(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:
285.11(6)(a)
(a) The measures are part of an interstate ozone control strategy implementation agreement under
s. 285.15 signed by the governor of this state and of the state of Illinois.
285.11(6)(b)
(b) The measures are necessary in order to comply with the percentage reductions specified in
42 USC 7511a (b) (1) (A) or (c) (2) (B).
285.11(7)
(7) Conduct or direct studies, investigations and research relating to air contamination and air pollution and their causes, effects, prevention, abatement and control and, by means of field studies and sampling, determine the degree of air contamination and air pollution throughout the state.
285.11(8)
(8) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source, device or system for the control thereof, concerning the efficacy of such device or system, or the air pollution problem which may be related to the source, device or system. Nothing in any such consultation shall relieve any person from compliance with this chapter or rules pursuant thereto, or any other provision of law.
285.11(9)
(9) Prepare and adopt minimum standards for the emission of mercury compounds or metallic mercury into the air.
285.11(10)
(10) Specify the best available control technology on an individual case-by-case basis considering energy, economic and environmental impacts and other costs related to the source.
285.11(11)
(11) Coordinate the reporting requirements under
ss. 285.65 and
299.15 in order to minimize duplicative reporting requirements.
285.11(12)
(12) Prepare an annual report which states the total nitrogen oxide and sulfur dioxide emissions from all stationary sources in this state. This report may be combined with other reports published by the department.
285.11(13)
(13) If federal legislation is enacted that establishes sulfur dioxide or nitrogen oxide controls for the purpose of reducing acid deposition, prepare a report, in consultation with the public service commission, this state's electric utilities, industries and environmental groups, recommending ways to coordinate state law with federal law. The department, after holding a public hearing on the report, shall submit the report to the governor and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), within 6 months after the enactment of the federal legislation.
285.11(14)
(14) Promulgate by rule the actions or events which constitute the reconstruction of a major source.
285.11(15)
(15) Promulgate by rule the actions or events which constitute the shutdown of a facility.
285.11(16)
(16) Promulgate rules, consistent with but no more restrictive than the federal clean air act, that specify the amounts of emissions that result in a stationary source being classified as a major source and that may limit the classification of a major source to specified categories of stationary sources and to specific air contaminants.
285.11(17)
(17) Promulgate rules, consistent with the federal clean air act, that modify the meaning of the term "modification" as it relates to specified categories of stationary sources, to specific air contaminants and to amounts of emissions or increases in emissions.
285.11(18)
(18) Adopt and apply objective performance measurements, for the subunit of the department that administers this chapter, relating to the issuance of permits under
subch. VII and to overall performance of the subunit.
285.11 History
History: 1995 a. 227 ss.
455,
989;
1999 a. 9.
285.11 Cross-reference
Cross Reference: See also NR 400-, Wis. adm. code.
285.13
285.13
Air pollution control; department powers. The department may:
285.13(1)
(1) Hold hearings relating to any aspect of the administration of this chapter and
s. 299.15 and, in connection therewith, compel the attendance of witnesses and the production of evidence.
285.13(2)
(2) Issue orders to effectuate the purposes of this chapter and
s. 299.15 and enforce the same by all appropriate administrative and judicial proceedings.
285.13(3)
(3) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
285.13(4)
(4) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere and make recommendations to appropriate public and private bodies with respect thereto.
285.13(5)
(5) Advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.
285.13(6)
(6) Examine any records relating to emissions which cause or contribute to air contamination.
285.13(7)
(7) Establish by rule, consistent with the federal clean air act, the amount of offsetting emissions reductions required under
s. 285.63 (2) (a).
285.13 History
History: 1995 a. 227 ss.
456,
989.
285.13 Cross-reference
Cross Reference: See also NR 400-, Wis. adm. code.
285.15
285.15
Interstate agreement. After May 14, 1992, the governor may enter into an agreement with the governor of the state of Illinois, that may also include the governors of the states of Indiana and Michigan, that specifies measures for the control of atmospheric ozone that are necessary in order to implement an interstate ozone control strategy to bring an area designated under
42 USC 7407 (d) as an ozone nonattainment area into attainment with the ambient air quality standard for ozone if the area includes portions of this state and the state of Illinois.
285.15 History
History: 1995 a. 227 ss.
458,
989.
285.15 Cross-reference
Cross Reference: See also s.
NR 1.50, Wis. adm. code.
285.17
285.17
Classification, reporting and monitoring. 285.17(1)(a)(a) The department, by rule, shall classify air contaminant sources which may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which relate to air pollution, and may require reporting for any such class. Classifications made pursuant to this section may be for application to the state as a whole or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
285.17(1)(b)
(b) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules of the department require reporting shall make reports containing such information as the department requires concerning location, size and heights of contaminant outlets, processes employed, fuels used and the nature and time periods of duration of emissions, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.
285.17(2)
(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.
285.17(3)
(3) The department may not post on the Internet any information that is required to be reported to the department under this chapter and that relates to a facility's air emissions, including the nature and duration of specific emissions of an air contaminant source and any results of monitoring the emissions of a contaminant source or the ambient air in the vicinity of a contaminant source, unless the department certifies that the information is accurate on the date on which the information is posted.
285.17 Cross-reference
Cross Reference: See also NR 400-, Wis. adm. code.
285.19
285.19
Inspections. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and
s. 299.15 and rules promulgated or permits issued under this chapter or
s. 299.15. No person may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.
285.19 Cross-reference
Cross Reference: See also ch.
NR 439, Wis. adm. code.
AIR QUALITY STANDARDS, PERFORMANCE
STANDARDS; EMISSION LIMITS AND
NONATTAINMENT AREAS
285.21
285.21
Ambient air quality standards and increments. 285.21(1)(a)(a)
Similar to federal standard. 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).
285.21(1)(b)
(b)
Standard to protect health or welfare. If an ambient air quality standard for any air contaminant is not promulgated under section 109 of the federal clean air act, the department may promulgate an ambient air quality standard if the department finds that the standard is needed to provide adequate protection for public health or welfare.
285.21(2)
(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).
285.21(3)
(3) Cause or exacerbation of ambient air quality standard or increment. The department shall promulgate rules to define what constitutes the cause or exacerbation of a violation of an ambient air quality standard or ambient air increment.
285.21(4)
(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, 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.
285.21 History
History: 1995 a. 227 ss.
473,
475,
476,
989;
1997 a. 35.
285.21 Cross-reference
Cross Reference: See also ch.
NR 404, Wis. adm. code.
285.21 Annotation
The promulgation of emission standards is discussed. Wisconsin Hospital Association v. Natural Resources Board,
156 Wis. 2d 688,
457 N.W.2d 879 (Ct. App. 1990).
285.23
285.23
Identification of nonattainment areas. 285.23(1)
(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.
285.23(2)
(2) Documents. The department shall issue documents from time to time which define or list specific nonattainment areas based upon the procedures and criteria promulgated under
sub. (1). Notwithstanding
ss. 227.01 (13) and
227.10 (1), documents issued under this subsection are not rules.
285.23(4)(a)(a) For any document issued under
sub. (2), the department shall hold a public hearing and follow the procedures in this subsection.
285.23(4)(b)
(b) The department shall give notice of the public hearing, and shall take any steps it deems necessary to convey effective notice to persons who are likely to have an interest in the proposed document. The notice shall be given at least 30 days prior to the date set for the hearing. The notice shall include a statement of the time and place at which the hearing is to be held and either a text of the proposed document or a description of how a copy of the document may be obtained from the department at no charge.
285.23(4)(c)
(c) The department shall hold a public hearing at the time and place designated in the notice of hearing, and shall afford all interested persons or their representatives an opportunity to present facts, views or arguments relative to the proposal under consideration. The presiding officer may limit oral presentations if it appears that the length of the hearing otherwise would be unduly increased by reason of repetition. The department shall afford each interested person opportunity to present facts, views or arguments in writing whether or not he or she has had an opportunity to present them orally.
285.23(4)(d)
(d) At the beginning of each hearing the department shall present a summary of the factual information on which the document is based. The department or its duly authorized representative may administer oaths or affirmations and may continue or postpone the hearing to such time and place as it determines. The department shall keep minutes or a record of the hearing in such manner as it determines to be desirable and feasible.
285.23(4)(e)
(e) The department shall receive written comments on the document for at least 10 days after the close of the hearing. The department may not issue documents under this section earlier than 30 days after the close of the hearing.
