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.
285.31(5)(a)(a) The rules promulgated under
sub. (3) cease to apply on the effective date of the waiver of the requirement for vapor control systems specified by the federal environmental protection agency in a regulation promulgated under
42 USC 7521 (a) (6). Beginning on that day, persons owning or operating retail stations are not required to maintain vapor control systems described in
sub. (3) (a).
285.31(5)(b)
(b) The department may promulgate by rule requirements for capping and closing vapor control systems described in
sub. (3) (a).
285.31(5)(c)
(c) The rules promulgated under
sub. (3) (a) do not apply to a retail station the construction of which begins after April 17, 2012.
285.33
285.33
Employee trip reduction program. 285.33(1)(a)(a) The department shall issue documents that describe the areas of the state in which employee trip reduction programs are required by
42 USC 7511a (d) (1) (B).
285.33(1)(b)
(b) The department may, by rule, determine areas of the state, other than areas described under
par. (a), in which the department will require employee trip reduction programs. The department may not require an employee trip reduction program in an area unless that requirement is authorized under
s. 285.11 (6).
285.33(2)(a)(a) The department shall promulgate by rule requirements for employers who are located in areas described under
sub. (1) (a) or
(b) to implement programs to reduce work-related trips and miles traveled by employees. The department shall develop the rules in accordance with
42 USC 7511a (d) (1) (B) and the guidance issued by the administrator of the federal environmental protection agency under
42 USC 7408 (f).
285.33(2)(b)
(b) The rules under
par. (a) shall establish reasonable limits on the direct and indirect expenses that an employer may be required to incur to comply with the rules. The rules shall specify a limit for each of the following:
285.33(2)(b)1.
1. The maximum annual expenses for each worksite subject to the rules.
285.33(2)(b)2.
2. The maximum annual expenses for each employee subject to the rules at a worksite.
285.33(3)(a)(a) Except as provided under
sub. (4) or
(5), if an employer is located in an area that is described before November 15, 1993, by the department under
sub. (1) (a) or
(b) and is subject to the rules promulgated under
sub. (2), the employer shall submit to the department, no later than November 15, 1994, a plan that demonstrates that the employer will comply with the rules no later than November 15, 1996.
285.33(3)(b)
(b) The department may not require as a condition of approving a compliance plan that an employer incur annual expenses greater than the limits established under
sub. (2) (b).
285.33(3)(c)
(c) Notwithstanding any other provision of this section, an employer is considered to meet the requirements of this section if the employer's compliance plan is approved by the department and the employer makes reasonable efforts to implement the compliance plan.
285.33(4)(a)(a) Instead of submitting a compliance plan under
sub. (3) (a), an employer may submit to the department a plan for an alternate control program that provides for any of the following:
285.33(4)(a)1.
1. Air quality benefits similar to a compliance plan under
sub. (3) (a), as determined by the department.
285.33(4)(a)2.
2. A reduction of emissions of volatile organic compounds, achieved after August 31, 1995, in the areas described under
sub. (1) (a) or
(b) that is at least 1.3 times the reduction of the emissions of volatile organic compounds that would be achieved under a compliance plan under
sub. (3) (a).
285.33(4)(a)3.
3. A reduction of emissions of volatile organic compounds, achieved after August 31, 1995, in the areas described under
sub. (1) (a) or
(b) that is equal to or greater than the reduction of the emissions of volatile organic compounds that would be achieved under a compliance plan under
sub. (3) (a), if the emissions reduction is included in an operation permit under
s. 285.60 or another document that is enforceable by the federal government.
285.33(4)(b)
(b) Notwithstanding any other provision of this section, an employer with an alternate control plan under
par. (a) 1. or
2. that is approved by the department is considered to meet the requirements of this section if the employer makes reasonable efforts to implement the alternate control plan.
285.33(5)(a)(a) If the secretary determines that the requirement for an employee trip reduction program under
42 USC 7511a (d) (1) (B) is suspended or terminated, the secretary may suspend the program under this section.
285.33(5)(b)
(b) If the U.S. congress has passed and the president has signed legislation that eliminates or suspends the requirement for an employee trip reduction program under
42 USC 7511a (d) (1) (B), the governor may suspend the program under this section.
285.33 History
History: 1991 a. 302;
1995 a. 52;
1995 a. 227 s.
464; Stats. 1995 s. 285.33.
285.33 Cross-reference
Cross-reference: See also ch.
NR 486, Wis. adm. code.
285.35
285.35
Clean fuel fleet program. 285.35(2)(a)(a) The department shall issue documents that describe the areas of the state in which clean-fuel vehicle programs are required under
42 USC 7511a (c) (4) (A).
285.35(2)(b)
(b) The department may, by rule, determine areas of the state, other than areas described under
par. (a), in which the department will require clean-fuel vehicle programs. The department may not require a clean-fuel vehicle program in an area unless that requirement is authorized under
s. 285.11 (6).
285.35(3)
(3) Requirements. The department shall promulgate by rule requirements for the use of clean-fuel vehicles and clean alternative fuels by operators of covered fleets in areas identified under
sub. (2) (a) or
(b). The rules shall be in accordance with the requirements applicable to covered fleets under
42 USC 7586 and regulations promulgated under that provision.
285.35 History
History: 1991 a. 302;
1995 a. 227 s.
465; Stats. 1995 s. 285.35.
285.35 Cross-reference
Cross-reference: See also ch.
NR 487, Wis. adm. code.
285.37
285.37
Reformulated gasoline. 285.37(1)
(1)
Definitions. In this section, "reformulated gasoline" means gasoline formulated to reduce emissions of volatile organic compounds and toxic air pollutants as provided in
42 USC 7545 (k) (1) to (3).
285.37(2)(a)(a) The department shall issue documents that describe the areas of the state in which the use of reformulated gasoline is required under
42 USC 7545 (k) (5).
285.37(2)(b)
(b) The department shall issue documents that describe areas of the state, other than areas described under
par. (a) or
(c), in which the use of reformulated gasoline is required, if the governor designates the areas in an application under
42 USC 7545 (k) (6) that is approved by the administrator of the federal environmental protection agency.
285.37(2)(c)
(c) The department may, by rule, determine areas of the state, other than areas described under
par. (a) or
(b), in which the department will require the use of reformulated gasoline. The department may not require the use of reformulated gasoline in an area unless that requirement is authorized under
s. 285.11 (6).
285.37(3)(a)(a) Except as provided in
par. (b), beginning on January 1, 1995, no person may sell gasoline in an area described under
sub. (2) (a),
(b) or
(c) unless the gasoline satisfies the minimum specifications for reformulated gasoline under
s. 168.04.
285.37(3)(b)
(b) The secretary, with the approval of the administrator of the federal environmental protection agency, may grant temporary waivers from the prohibition under
par. (a) if fuel that satisfies the minimum specifications for reformulated gasoline is unavailable.
285.37 History
History: 1991 a. 302;
1995 a. 227 s.
466,
467; Stats. 1995 s. 285.37.
285.39
285.39
Volatile organic compounds growth accommodation and replenishment. 285.39(1)
(1)
Growth accommodation calculation. 285.39(1)(a)(a) The growth accommodation for any specified year, as calculated by the department, is the predicted emissions specified in
par. (b) minus the sum of:
285.39(1)(b)
(b) Predicted emissions are the total predicted annual emissions of volatile organic compounds in the volatile organic compound accommodation area necessary to attain and maintain the ambient air quality standard for ozone for the year 2 years before the specified year, as set forth in the plan approved by the U.S. environmental protection agency under
42 USC 7502 (a).
285.39(1)(c)
(c) Net actual emissions are the total actual annual emissions of all volatile organic compounds in the volatile organic compound accommodation area for the year 2 years before the specified year as reported under
sub. (2) (a) minus:
285.39(1)(c)1.
1. The sum of the annual emissions of volatile organic compounds attributable to shutdowns of facilities in the volatile organic accommodation area during the previous year; and
285.39(1)(c)2.
2. If a rule has been promulgated under
sub. (3), the sum of the annual emissions reductions of volatile organic compounds attributable to the sources subject to the rule promulgated under
sub. (3) during the previous year.
285.39(1)(d)
(d) Net certified accommodation credits are the sum of all volatile organic compound growth accommodation credits certified to date under
s. 285.63 (7) or
(8) minus the sum of the actual annual emissions of volatile organic compounds for the year 2 years before the specified year attributable to the sources receiving volatile organic compound growth accommodation credits certified to date under
s. 285.63 (7) or
(8).
285.39(1)(e)
(e) Net offset credits are the sum of all allowable emissions of volatile organic compounds authorized to date attributable to sources subject to an annual volatile organic compounds emission limitation that is specified in an air pollution control permit to operate under an emission reduction option or specified as an emission credit under a plan approved by the U.S. environmental protection agency under
42 USC 7502 (a) or in reports submitted to the U.S. environmental protection agency under the plan minus the sum of the actual annual emissions of volatile organic compounds for the year 2 years before the specified year attributable to sources subject to an annual volatile organic compounds emission limitation that is specified in an air pollution control permit to operate under an emission reduction option or specified as an emission credit under a plan approved by the U.S. environmental protection agency under
42 USC 7502 (a) or in reports submitted to the U.S. environmental protection agency under the plan.
285.39(1)(f)1.
1. Fifteen percent of the annual emissions of volatile organic compounds attributable to shutdowns of facilities in the volatile organic compound accommodation area since January 1, 1987; and
285.39(1)(f)2.
2. If a rule has been promulgated under
sub. (3), 15% of the sum of the annual emissions reductions of volatile organic compounds attributable, since January 1, 1987, to the sources subject to the rule promulgated under
sub. (3).
285.39(2)
(2) Annual reports. The department shall prepare an annual report by January 15, which may be combined with other reports published by the department, that:
285.39(2)(a)
(a) States, on a calendar year basis, the total annual emissions, for the year 2 years before the year in which the report is prepared, of all volatile organic compounds in the volatile organic compound accommodation area, except methylene chloride and methyl chloroform and other volatile organic compounds that the department determines by rule to be compounds that do not contribute to the formation of ozone in the troposphere.
285.39(2)(b)
(b) Includes an annual plan for the management of the volatile organic compounds growth accommodation and replenishment and the growth accommodation replenishment grant program. At a minimum, the plan shall:
285.39(2)(b)1.
1. Indicate the amount of the growth accommodation at the beginning of the year.
285.39(2)(b)2.
2. Indicate the likely amount of the growth accommodation at the end of the year.
285.39(2)(b)3.
3. Report the status of the development and implementation of plans or rules under
subs. (3) to
(5).
285.39(2)(b)4.
4. Report if, during the prior year, the replenishment implementation period has expired.
285.39(3)
(3) Growth accommodation replenishment. The department shall:
285.39(3)(a)
(a) Promulgate rules under
s. 285.30 (6) (e), relating to the inspection of vehicles for tampering with air pollution control equipment.
285.39(3)(b)
(b) Promulgate rules restricting the amount of volatile organic compounds that may be contained in architectural coatings sold at retail in the volatile organic compound accommodation area or for use by a service provider in the volatile organic compound accommodation area. The department may exempt from a rule under this paragraph one or more categories of architectural coatings, based upon the type of coating or the use to which a coating is put, if it would be technically impractical to prohibit a category of architectural coating. The proposed rules shall include a provision to allow for the limited sale and use of the supplies of prohibited architectural coatings that retailers and suppliers in the volatile organic compound area already have in stock at the time of promulgation of the rules.
