SUBCHAPTER IX
ENFORCEMENT; PENALTIES
285.81 Hearings on certain air pollution actions.
285.83 Violations: enforcement.
285.85 Emergency procedure.
285.86 Asbestos citations.
285.87 Penalties for violations relating to air pollution.
DEFINITIONS
285.01
285.01
Definitions. In this chapter, unless the context requires otherwise:
285.01(1)
(1) "Air contaminant" means dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination thereof but shall not include uncombined water vapor.
285.01(2)
(2) "Air contaminant source", or "source" if not otherwise modified, means any facility, building, structure, installation, equipment, vehicle or action that emits or may emit an air contaminant directly, indirectly or in combination with another facility, building, structure, installation, equipment, vehicle or action.
285.01(3)
(3) "Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
285.01(4)
(4) "Air pollution control permit" means any permit required or allowed under
s. 285.60.
285.01(5)
(5) "Allocation of the available air resource" means either:
285.01(5)(a)
(a) The apportionment among air contaminant sources of the difference between an ambient air quality standard and the concentration in the atmosphere of the corresponding air contaminant in existence at the time the rule promulgated under
s. 285.25 becomes effective; or
285.01(5)(b)
(b) The apportionment among air contaminant sources of the difference between an ambient air increment and the baseline concentration if a baseline concentration is established.
285.01(7)
(7) "Allowable emission" means the emission rate calculated using the maximum rated capacity of the origin of, or the equipment emitting an air contaminant based on the most stringent applicable emission limitation and accounting for any enforceable permit conditions which limit operating rate, or hours of operation, or both.
285.01(8)
(8) "Ambient air increment" means the maximum allowable concentration of an air contaminant above the base line concentration.
285.01(9)
(9) "Ambient air quality standard" means a level of air quality which will protect public health with an adequate margin of safety or may be necessary to protect public welfare from anticipated adverse effects.
285.01(9m)
(9m) "Architectural coating" means a coating applied to a stationary structure, including a parking lot, and its appurtenances or to a mobile home.
285.01(10)
(10) "Attainment area" means an area which is not a nonattainment area.
285.01(11)
(11) "Base line concentration" means concentration in the atmosphere of an air contaminant which exists in an area at the time of the first application to the U.S. environmental protection agency for a prevention of significant deterioration permit under
42 USC 7475 or the first application for an air pollution control permit under
s. 285.60 for a major source located in an attainment area, whichever occurs first, less any contribution from stationary sources identified in
42 USC 7479 (4).
285.01(12)
(12) "Best available control technology" means an emission limitation for an air contaminant based on the maximum degree of reduction achievable as specified by the department on an individual case-by-case basis taking into account energy, economic and environmental impacts and other costs related to the source.
285.01(13)
(13) "Department" means the department of natural resources.
285.01(15)
(15) "Emission" means a release of air contaminants into the atmosphere.
285.01(16)
(16) "Emission limitation" or "emission standard" means a requirement which limits the quantity, rate or concentration of emissions of air contaminants on a continuous basis. An emission limitation or emission standard includes a requirement relating to the operation or maintenance of a source to assure continuous emission reduction.
285.01(17)
(17) "Emission reduction option" means:
285.01(17)(a)
(a) An offsetting of greater emissions from a stationary source against lower emissions from the same or another stationary source.
285.01(17)(b)
(b) A reduction in emissions from a stationary source which is reserved as a credit against future emissions from the same or another stationary source.
285.01(17)(c)
(c) Other arrangements for emission reduction, trade-off, credit or offset permitted by rule by the department.
285.01(17m)
(17m) "Entire facility" means all stationary sources that are under the control of one person or under the control of persons who are under common control and that are located on contiguous properties.
285.01(18)
(18) "Existing source" means a stationary source that is not a new source or a modified source.
285.01(19)
(19) "Federal clean air act" means the federal clean air act,
42 USC 7401 to
7671q, and regulations issued by the federal environmental protection agency under that act.
285.01(21)
(21) "Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
285.01(23)
(23) "Lowest achievable emission rate" means the rate of emission which reflects the more stringent of the following:
285.01(23)(a)
(a) The most stringent emission limitation which is contained in the air pollution regulatory program of any state for this class or category of source, unless an applicant for a permit demonstrates that these limitations are not achievable; or
285.01(23)(b)
(b) The most stringent emission limitation which is achieved in practice by the class or category of source.
285.01(24)
(24) "Major source" means a stationary source that is capable of emitting an air contaminant in an amount in excess of an amount specified by the department by rule under
s. 285.11 (16).
285.01(25)
(25) "Minor source" means a stationary source that is not a major source.
285.01(26)
(26) "Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of emissions of an air contaminant or that results in the emission of an air contaminant not previously emitted, subject to rules promulgated under
s. 285.11 (17).
285.01(27)
(27) "Modified source" means a stationary source on which modification commences after November 15, 1992.
285.01(28)
(28) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
285.01(29)
(29) "New source" means a stationary source on which construction, reconstruction or replacement commences after November 15, 1992.
285.01(30)
(30) "Nonattainment area" means an area identified by the department in a document prepared under
s. 285.23 (2) where the concentration in the atmosphere of an air contaminant exceeds an ambient air quality standard.
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 Cross-reference
Cross Reference: See also chs.
NR 428 and
432, Wis. adm. code.
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, consistent with
s. 285.27 (2) (b).
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.
