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.
285.23 History
History: 1979 c. 221;
1981 c. 314 s.
146;
1985 a. 182 s.
57;
1989 a. 56;
1995 a. 227 s.
463; Stats. 1995 s. 285.23.
285.23 Cross-reference
Cross Reference: See also ch.
NR 401, Wis. adm. code.
285.25
285.25
Air resource allocation. 285.25(1)
(1)
Determination. The department, after considering the recommendations submitted under s.
144.355, 1979 stats., shall promulgate by rule procedures and criteria to determine the allocation of the available air resource in an attainment area.
285.25(2)
(2) Allocation. The department, after considering the recommendations submitted under s.
144.355, 1979 stats., shall promulgate by rule air resource allocation standards to allocate the available air resource in attainment areas among sources receiving a construction permit or operation permit or an elective operation permit for an existing source after the effective date of this rule, other air contaminant sources and possible future air contaminant sources. The air resource allocation standards may allow for emission reduction options. The application of air resource allocation standards may not result in a violation of an ambient air quality standard or an ambient air increment.
285.25(3)
(3) Documents. The department shall maintain records indicating how much of the available air resource has been allocated in attainment areas. The department shall make these records available for public inspection.
285.25 History
History: 1979 c. 221;
1991 a. 302;
1995 a. 227 s.
470; Stats. 1995 s. 285.25.
285.27
285.27
Performance and emission standards. 285.27(1)(1)
Standards of performance for new stationary sources. 285.27(1)(a)(a)
Similar to 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 rule a similar emission standard but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under
sub. (4).
285.27(1)(b)
(b)
Standard to protect public health or welfare. If a standard of performance for any air contaminant for new stationary sources is not promulgated under section 111 of the federal clean air act, the department may promulgate an emission standard of performance for new stationary sources if the department finds the standard is needed to provide adequate protection for public health or welfare.
285.27(1)(c)
(c)
Restrictive standard. The department may impose a more restrictive emission standard of performance for a new stationary source than the standard promulgated under
par. (a) or
(b) on a case-by-case basis if a more restrictive emission standard is needed to meet the applicable lowest achievable emission rate under
s. 285.63 (2) (b) or to install the best available control technology under
s. 285.63 (3) (a).
285.27(2)
(2) Emission standards for hazardous air contaminants. 285.27(2)(a)(a)
Similar to 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 rule a similar standard but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under
sub. (4).
285.27(2)(b)
(b)
Standard to protect public health or welfare. 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.
285.27(2)(c)
(c)
Restrictive standard. The department may impose a more restrictive emission standard for a hazardous air contaminant than the standard promulgated under
par. (a) or
(b) on a case-by-case basis if a more restrictive standard is needed to meet the applicable lowest achievable emission rate under
s. 285.63 (2) (b) or to install the best available control technology under
s. 285.63 (3) (a).
285.27(3)
(3) Limitation on imposition of emission standards. The department may not impose emission standards on a coal-powered car ferry that was manufactured before 1954 and has operated only on Lake Michigan if the coal-powered car ferry does not burn coal with a higher sulfur content than the coal burned before May 2, 1990.
285.27(4)
(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. 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.
285.27 History
History: 1995 a. 227 s.
474,
989.
285.27 Cross-reference
Cross Reference: See also NR 400-, Wis. adm. code.
285.27 Annotation
The promulgation of emission standards under s. 144.375 (5) (b) [now s. 285.27 (2) (b)] is discussed. Wisconsin Hospital Association. v. Natural Resources Board,
156 Wis. 2d 688,
457 N.W.2d 879 (Ct. App. 1990).
285.29
285.29
Best available retrofit technology. 285.29(1)
(1)
Case-by-case specification. If visibility in an area is identified as an important value of the area under section 169A of the federal clean air act, the department shall specify on a case-by-case basis the best available retrofit technology for any existing major source located in the area and identified under section 169A of the federal clean air act.
285.29(2)
(2) Considerations. In specifying the best available retrofit technology, the department shall consider:
285.29(2)(b)
(b) The existing pollution control technology in use at the source.
285.29(2)(d)
(d) The degree of improvement in visibility which may be anticipated to result from the use of various retrofit technologies.
285.29(2)(e)
(e) The energy and nonair quality environmental impacts of compliance.
285.29 History
History: 1979 c. 221;
1995 a. 227 s.
469; Stats. 1995 s. 285.29.
VOLATILE ORGANIC COMPOUNDS AND MOBILE SOURCES; EMISSION LIMITS AND STANDARDS
285.30
285.30
Motor vehicle emissions limitations; inspections. 285.30(1)(1)
Definitions. As used in this section, unless the context requires otherwise:
285.30(1)(a)
(a) "Federal act" means the federal clean air act,
42 USC 7401 et seq., and regulations issued by the federal environmental protection agency under that act.
285.30(2)
(2) Limitations. The department shall adopt rules specifying emissions limitations for all motor vehicles not exempted under
sub. (5). The limitations may be different for each size, type and year of vehicle engine affected and may not be more stringent than those required by federal law at the time of the vehicle's manufacture. The limitations shall be adopted and periodically revised upon consideration of the following factors:
285.30(2)(a)
(a) The emissions reductions necessary to achieve federally mandated ambient air quality standards by any deadline established by the federal act and to maintain those standards after any deadline established by the federal act.
285.30(2)(b)
(b) The emissions levels attainable by reasonable preventive maintenance practices relating to installed emission control equipment and devices for each model year, size and type of motor vehicle affected.
285.30(2)(c)
(c) The requirements for eligibility for a manufacturer's warranty under section 7541 (b) of the federal act.
285.30(3)
(3) Counties where inspections required. If the department finds that air quality within a county will not meet one or more applicable primary or secondary ambient air quality standards by any deadline established by the federal act, or that these standards will not be maintained in the county after any deadline established by the federal act and that inspection of emissions from motor vehicles in any part of the county is required by federal law to attain or maintain these standards, the department shall certify this finding to the department of transportation.
285.30(4)
(4) Termination. If the department finds that air quality within a county specified in a certification under
sub. (3) has attained all applicable ambient air quality standards and that these standards will be maintained in the county or that control of motor vehicle emissions is no longer required by federal law for attainment and maintenance of these standards, the department shall notify the department of transportation that the county is withdrawn from the certification under
sub. (3).
285.30(5)
(5) Exemptions. Emissions limitations promulgated under
sub. (2) do not apply to the following motor vehicles:
285.30(5)(a)
(a) A motor vehicle of a model year of 1967 or earlier.
285.30(5)(b)
(b) A motor vehicle with a gross vehicle weight rating exceeding 10,000 pounds, as determined by the manufacturer of the vehicle.
285.30(5)(c)
(c) A motor vehicle exempt from registration under
s. 341.05, except that a motor vehicle owned by the United States is not exempt unless it comes under
par. (a),
(b),
(d),
(e),
(f),
(g) or
(h).
285.30(5)(e)
(e) A new motor vehicle not previously registered in any state.
285.30(5)(f)
(f) A motor vehicle for which inspection, in the judgment of the department, is not a cost effective method for attaining and maintaining air quality.
285.30(6)
(6) Tampering with pollution control system or mechanism. 285.30(6)(a)1.
1. "Air pollution control equipment" means any equipment or feature which constitutes an operational element of the air pollution control system or mechanism of a motor vehicle.
285.30(6)(a)3.
3. "Tamper" means to dismantle, to remove without replacing with an identical or comparable tested replacement device or to cause to be inoperative any air pollution control equipment.
285.30(6)(b)
(b)
Prohibition. Except as permitted or authorized by rule of the department, no person may fail to maintain in good working order or may tamper with air pollution control equipment.
285.30(6)(c)
(c)
Ineligibility for motor vehicle registration. Except as permitted or authorized by rule of the department, if any person tampers with the air pollution control equipment of a motor vehicle, that vehicle is ineligible for motor vehicle registration until the air pollution control equipment is replaced, repaired or restored to good working order.
285.30(6)(d)
(d)
Suspension or cancellation of motor vehicle registration. Except as permitted or authorized by rule of the department, if the owner of a motor vehicle tampers with or causes or knowingly permits any person to tamper with the air pollution control equipment, the motor vehicle registration for that vehicle may be suspended or canceled in addition to any other penalty provided by law.
285.30(6)(e)
(e)
Rule making. The department shall promulgate rules that specify the requirements for the inspection of motor vehicles for the occurrence of tampering with air pollution control equipment.
285.30 Cross-reference
Cross Reference: See also ch.
NR 485, Wis. adm. code.
285.31
285.31
Gasoline vapor recovery. 285.31(1)(a)
(a) "Gasoline dispensing facility" means a place where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
285.31(1)(b)
(b) "Retail station" means a gasoline dispensing facility where gasoline is sold at retail.
285.31(1)(c)
(c) "Vapor control system" means a system that gathers vapors of organic compounds, including gasoline and benzene, released during the operation of transfer, storage or processing equipment and processes the vapors to prevent their emission into the atmosphere.
285.31(3)(a)(a) The department shall promulgate rules, based on requirements under
42 USC 7511a, that require the owner or operator of a retail station that is located in an ozone nonattainment area with a classification under
42 USC 7511 (a) of moderate or worse to install and operate a vapor control system that is approved by the department on the equipment that is used to dispense gasoline to a motor vehicle gasoline tank or other fuel tank.
285.31(3)(b)
(b) The department shall establish vapor recovery efficiency standards for vapor control systems approved under
par. (a). The department shall use nationally recognized methods to determine the vapor recovery efficiency of vapor control systems.
285.31(4)
(4) Implementation of requirements. 285.31(4)(a)(a) The rules promulgated under
sub. (3) shall have an effective date of November 15, 1992. The rules shall apply the requirements under
sub. (3) beginning on November 15, 1993, except that the requirements under
sub. (3) shall apply beginning on May 15, 1993, to retail stations the construction of which begins after November 15, 1990.
285.31(4)(b)
(b) The department may not require the owner or operator of a retail station that is located in this state to install or operate a vapor control system for gasoline dispensing equipment before November 15, 1993, or, if construction of the retail station begins after November 15, 1990, before May 15, 1993.
