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 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.
285.14
285.14
State implementation plans. 285.14(1)
(1)
Content. The department may not submit a control measure or strategy that imposes or may result in regulatory requirements to the federal environmental protection agency for inclusion in a state implementation plan under
42 USC 7410 unless the department has promulgated the control measure or strategy as a rule.
285.14(2)
(2) Review by standing committees. At least 60 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters, under
s. 13.172 (3) a report that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. The department shall also submit to the legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department provides the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments. This subsection does not apply to a modification to a state implementation plan relating to an individual source.
285.14 History
History: 2003 a. 118;
2007 a. 20.
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)(a)(a) 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(2)(b)
(b) Before issuing an operation permit that contains a monitoring requirement relating to the emissions from an air contaminant source, the department shall notify the applicant of the proposed monitoring requirement and give the applicant the opportunity to demonstrate to the administrator of the division of the department that administers this chapter that the proposed monitoring requirement is unreasonable considering, among other factors, monitoring requirements imposed on similar air contaminant sources. If the administrator determines that the monitoring requirement is unreasonable, the department may not impose the monitoring requirement. If the administrator determines that the monitoring requirement is reasonable, the applicant may obtain a review of that determination by the secretary. The secretary may not delegate this function to another person. If the secretary determines that the monitoring requirement is unreasonable, the department may not impose the monitoring requirement.
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. The department may not make this finding for an air contaminant unless the finding is supported with written documentation that includes all of the following:
285.21(1)(b)1.
1. A public health risk assessment that characterizes the types of stationary sources in this state that are known to emit the air contaminant and the population groups that are potentially at risk from the emissions.
285.21(1)(b)2.
2. An analysis showing that members of population groups are subjected to levels of the air contaminant that are above recognized environmental health standards or will be subjected to those levels if the department fails to promulgate the proposed ambient air quality standard.
285.21(1)(b)3.
3. An evaluation of options for managing the risks caused by the air contaminant considering risks, costs, economic impacts, feasibility, energy, safety, and other relevant factors, and a finding that the proposed ambient air quality standard reduces risks in the most cost-effective manner practicable.
285.21(1)(b)4.
4. A comparison of the proposed ambient air quality standard with ambient air quality standards in Illinois, Indiana, Michigan, Minnesota, and Ohio.
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 modified, the department shall alter the corresponding state standards unless it finds that the modified standards would not provide adequate protection for public health and welfare. The department may not make this finding for an ambient air quality standard unless the finding is supported with the written documentation required under
sub. (1) (b) 1. to
4.
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. After February 6, 2004, the department may not identify a county as part of a nonattainment area under the federal clean air act if the concentration of an air contaminant in the atmosphere in that county does not exceed an ambient air quality standard, unless under the federal clean air act the county is required to be designated as part of a nonattainment area.
285.23(2)
(2) Documents. The department shall issue documents from time to time which define or list specific nonattainment areas or recommend that areas be designated as nonattainment areas under the federal clean air act 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(6)
(6) Report to standing committees. Before the department issues documents under
sub. (2) and at least 60 days before the governor is required to make a submission on a nonattainment designation under
42 USC 7407 (d) (1) (A), the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters under
s. 13.172 (3), a report that contains a description of any area proposed to be identified as a nonattainment area and supporting documentation. The department shall also submit to the legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department submits the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments.
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, including administrative requirements that are consistent with the federal administrative requirements, 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, including administrative requirements that are consistent with the federal administrative requirements, 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 Cross-reference
Cross Reference: See also ch.
NR 463, Wis. adm. code.
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. The department may not make this finding for a hazardous air contaminant unless the finding is supported with written documentation that includes all of the following:
285.27(2)(b)1.
1. A public health risk assessment that characterizes the types of stationary sources in this state that are known to emit the hazardous air contaminant and the population groups that are potentially at risk from the emissions.
285.27(2)(b)2.
2. An analysis showing that members of population groups are subjected to levels of the hazardous air contaminant that are above recognized environmental health standards or will be subjected to those levels if the department fails to promulgate the proposed emission standard for the hazardous air contaminant.
285.27(2)(b)3.
3. An evaluation of options for managing the risks caused by the hazardous air contaminant considering risks, costs, economic impacts, feasibility, energy, safety, and other relevant factors, and a finding that the chosen compliance alternative reduces risks in the most cost-effective manner practicable.
285.27(2)(b)4.
4. A comparison of the emission standards for hazardous air contaminants in this state to hazardous air contaminant standards in Illinois, Indiana, Michigan, Minnesota, and Ohio.
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).
