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(2)(f)
(f) Notwithstanding
pars. (a) and
(e), the owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act shall pay to the department a fee of $1,100 for a year if the preceding year was the first year in which the entire facility was covered by a registration permit under
s. 285.60 (2g).
Paragraphs (a) and
(e) apply in all other years.
285.69(2)(g)
(g) Notwithstanding
pars. (a) and
(e), the owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act shall pay to the department a fee of $2,300 for a year if the preceding year was the first year in which the entire facility was covered by a general permit under
s. 285.60 (3) and the facility was first covered by an operation permit after January 1, 2006.
Paragraphs (a) and
(e) apply in all other years.
285.69(2)(h)
(h) Notwithstanding
pars. (a) and
(e), the owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act may elect to pay the department a fee of $7,500 for a year if the entire facility was not covered by a registration operation permit under
s. 285.60 (2g) or by a general operation permit under
s. 285.60 (3) in the preceding year and the owner or operator has not previously elected to pay the fee under this subdivision.
Paragraphs (a) and
(e) apply in all other years.
285.69(2)(i)
(i) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under
s. 285.60 but not under the federal clean air act and under
sub. (1g) shall be credited to the appropriation account under
s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under
s. 285.60 but not under the federal clean air act:
285.69(2)(i)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)(i)2.
2. Costs of any other activities related to stationary sources of air contaminants.
285.69(3)(a)(a) 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 for an inspection plus the fee under
sub. (1) (c) may not exceed $400 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under
sub. (1) (c) may not exceed $750 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. 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 renovation projects regulated by the department.
285.69(3)(b)
(b) In addition to the fees under
par. (a), the department may charge the costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.
285.69(3)(c)
(c) For the purpose of
par. (a), combined square and linear footage shall be determined by adding the number of square feet of friable asbestos-containing material on areas other than pipes to the number of linear feet of friable asbestos-containing material on pipes.
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).
285.69 Cross-reference
Cross Reference: See also ch.
NR 410, Wis. adm. code.
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.
285.73(4)(a)(a) If the department has reason to believe that a program in force pursuant to this section is inadequate to prevent and control air pollution in the jurisdiction to which such program relates, or that such program is being administered in a manner inconsistent with the requirements of this chapter, the department shall, on due notice, conduct a hearing on the matter.
285.73(4)(b)
(b) If, after such hearing, the department determines that a program is inadequate to prevent and control air pollution in the county to which such program relates, or that such program is not accomplishing the purposes of this chapter, it shall require that necessary corrective measures be taken within a reasonable period of time, not to exceed 60 days.
285.73(4)(c)
(c) If the county fails to take such necessary corrective action within the time required, the department shall administer within such county all of the regulatory provisions of this chapter. Such air pollution control program shall supersede all county air pollution regulations, ordinances and requirements in the affected jurisdiction.
285.73(5)
(5) Any county in which the department administers its air pollution control program under
sub. (4) may, with the approval of the department, resume a county air pollution control program which meets the requirements of
sub. (1).
285.73(6)
(6) Nothing in this chapter supersedes the jurisdiction of any county air pollution control program in operation on July 26, 1967, but any such program shall meet all requirements of this chapter for a county air pollution control program. Any approval required from the department shall be deemed granted unless the department takes specific action to the contrary.
285.73 History
History: 1973 c. 90;
1979 c. 34 s.
2102 (39) (g);
1995 a. 227 s.
506; Stats. 1995 s. 285.73.
285.73 Cross-reference
Cross Reference: See also ch.
NR 403, Wis. adm. code.
285.75
285.75
County program. Instead of state review of plans and specifications, the department may authorize counties which are administering approved air pollution control programs to review and approve plans, specifications and permits of air contaminant sources being constructed, modified or operated within the jurisdiction of these counties.
285.75 History
History: 1979 c. 34;
1995 a. 227 s.
501; Stats. 1995 s. 285.75.
285.75 Cross-reference
Cross Reference: See also ch.
NR 403, Wis. adm. code.
285.76
285.76
Notice concerning proposed area redesignations. 285.76(1)(1) Within 5 days after the department receives notification that an American Indian tribal governing body proposes to redesignate an area under
42 USC 7474 for the purpose of the federal clean air act provisions concerning the prevention of significant deterioration of air quality and that a consultation meeting is requested among the tribal governing body, the federal environmental protection agency and this state, the department shall report that notification to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under
s. 13.172 (3).
285.76(2)
(2) Within 15 days after receiving notification that an American Indian tribal governing body proposes to redesignate an area under
42 USC 7474 for the purpose of the federal clean air act provisions concerning the prevention of significant deterioration of air quality, the department shall do all of the following:
285.76(2)(a)
(a) Publish a class 1 notice, under
ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, and in the official state newspaper and provide a written statement concerning the proposed redesignation to those newspapers.
285.76(2)(b)
(b) Report that notification to the governor, and to the agency responsible for administering air pollution control laws, of any other state with an area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency.
285.76(3)
(3) Within 15 days after receiving notification of the time and place of a public hearing under
42 USC 7474 (b) (1) (A) concerning a proposal by an American Indian tribal governing body to redesignate an area, the department shall provide notice of the time and place of the public hearing in the manner provided in
subs. (1) and
(2) (a). If the department receives notification of a hearing at the same time that it receives notification of the proposed redesignation, it shall combine the newspaper notices under this subsection with the notices under
sub. (2) (a).
285.76(4)
(4) The department shall submit a report to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under
s. 13.172 (3), on the results of any consultations, under
40 CFR 52.21 (g) (4) (ii), with an American Indian tribal governing body that proposes to redesignate an area under
42 USC 7474.
285.76 History
History: 1997 a. 270.
285.77
285.77
Machinery use. The department may not require the use of machinery, devices or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices or equipment otherwise available.
285.77 History
History: 1979 c. 34;
1987 a. 27; Stats. 1987 s. 144.404;
1995 a. 227 s.
503; Stats. 1995 s. 285.77.
285.78
285.78
Registration of early emission reductions. 285.78(1)(a)
(a) "Carbon reserve" means any system that takes in and stores more carbon from the atmosphere than it releases to the atmosphere.
285.78(1)(b)
(b) "Fine particulate matter" means solid or liquid particles with a diameter less than or equal to 2.5 micrometers or emissions that are precursors to solid or liquid particles with a diameter less than or equal to 2.5 micrometers.
285.78(1)(c)
(c) "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride or any other gas that traps heat in the atmosphere.
285.78(2)(a)(a) The department shall establish and operate a system under which the department registers reductions in emissions of greenhouse gases if the reductions are made before the reductions are required by law. Under the system, the department may register carbon sequestration from the creation or preservation of carbon reserves and may register avoided emissions resulting from energy efficiency measures and from the use of renewable energy sources. Under the system, the department may not register a reduction in emissions of greenhouse gases if the reduction was made before January 1, 1991.
285.78(2)(b)
(b) The department may establish and operate systems under which the department registers reductions in emissions of fine particulate matter, mercury or other air contaminants identified by the department if the reductions are made before the reductions are required by law.
285.78(2)(c)
(c) The department may verify and quantify, or require the verification and quantification of, emission reductions that a person seeks to register under
par. (a) or
(b).
285.78(2)(d)
(d) Registration of emission reductions under this section is voluntary.
285.78(3)(a)(a) The department shall promulgate rules for the system under
sub. (2) (a). In promulgating the rules, the department shall make the system as consistent as possible with other state, federal and international programs designed to reduce emissions of greenhouse gases.
285.78(3)(b)
(b) The department shall promulgate rules for any system that the department establishes under
sub. (2) (b). In promulgating the rules, the department shall make the system as consistent as possible with other state, federal and international programs designed to reduce emissions of the substances covered by the system.
285.78 History
History: 1999 a. 195.
285.79
285.79
Small business stationary source technical and environmental compliance assistance program. 285.79(1)(1)
Definition. In this section, "small business stationary source" means a stationary source designated under
sub. (2) (a) or, except as provided in
sub. (2) (b), a stationary source that satisfies all of the following criteria:
285.79(1)(a)
(a) Is owned or operated by a person that employs 100 or fewer individuals.
285.79(1)(c)
(c) Is not a major stationary source, as defined in rules promulgated by the department.
285.79(1)(d)
(d) Does not emit 50 tons or more per year of any regulated pollutant.
285.79(1)(e)
(e) Emits a total of less than 75 tons per year of all regulated pollutants.
285.79(2)(a)(a) In response to a petition by a stationary source, the department may, by rule, designate as a small business stationary source any stationary source that does not meet the criteria of
sub. (1) (c),
(d) or
(e) but that does not emit a total of more than 100 tons per year of all regulated pollutants.
285.79(2)(b)
(b) The department may, by rule, after consultation with the administrators of the federal environmental protection agency and the federal small business administration, exclude from the definition of small business stationary source any category or subcategory of stationary source that the department determines to have sufficient technical and financial capabilities to meet the requirements of the federal clean air act without the assistance provided under this section.
285.79(3)
(3) Assistance program. The department shall, in cooperation with the small business ombudsman clearinghouse under
s. 560.03 (9), develop and administer a small business stationary source technical and environmental compliance assistance program. The program shall include all of the following:
285.79(3)(a)
(a) Mechanisms to develop, collect and coordinate information concerning methods and technologies that small business stationary sources can use to comply with the federal clean air act and programs to encourage lawful cooperation among small business stationary sources or other persons to further compliance with the federal clean air act.
285.79(3)(b)
(b) Mechanisms for providing small business stationary sources with information concerning alternative technologies, process changes, products and methods of operation that help reduce air pollution and with other assistance in pollution prevention and accidental release detection and prevention.
285.79(3)(c)
(c) A compliance assistance program that assists small business stationary sources in determining applicable requirements under this chapter and
s. 299.15 and in receiving air pollution control permits in a timely and efficient manner.
