ORDER OF THE STATE OF WISCONSIN
NATURAL RESOURCES BOARD
REPEALING
;
RENUMBERING AND
AMENDING
;
CONSOLIDATING, RENUMBERING, AND AMENDING;
AMENDING
;
AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order
to repeal
NR 404.04 (9) (c);
to renumber and amend
NR 404.04 (9) (b) 2.;
to consolidate, renumber, and amend
NR 404.04 (9) (a) (intro.), 1., and 2.; and (b) (intro.) and 1.;
to amend
NR 404.04 (9) (title) and 484.04 (6g) and (6r) in Table 2; and
to create
NR 404.04 (9) (am) (title), 1.
a
. and b., (
bm
), and (Note), relating to the ambient air quality standards for fine particles (PM
2.5
).
AM-
07-15
Analysis
Prepared by the Department of Natural Resources
1. Statute interpreted:
Section
285.11(6)
,
Wis.
Stats.
The State Implementation Plan developed under
s.
285.11(
6
)
,
Stats.,
is
revised.
3. Explanation of agency authority:
Section
227.11(2
)
(
a)
,
Wis.
Stats.
expressly
confers rule making authority to an agency. Section
285.11(1)
and
(
6
)
, Wis. Stats.,
r
equires that
the Department promulgate rule
s and establish control strategies in order to prepare and implement the
State Implementation Plan for the prevention, abatement and control of air pollution in the state.
Section
285.21(1
)(
a)
, Wis. Stats.,
requires that the Department promulgate by rule ambient air quality standards that are similar to, but
not more restrictive than the National Ambient Air Quality S
tandards
(
NAAQS).
4. Related statute or rule:
There are no other statutes or rules directly related to the adoption of
the
NAAQS for
fine particles (PM
2.5
)
.
5. Plain language analysis:
The U.S. Environmental Protection Agency (EPA) is required by the federal Clean Air Act (CAA) to promulgate NAAQS to protect public health (i.e., primary standards) and public welfare (i.e., secondary standards).
Under s.
285.21
, Wis. Stats., t
he Department is required to promulgate by rule a similar, but no more restrictive, air quality standard when the U.S. EPA promulgates a new or revised NAAQS.
On January 15, 2013, the U.S. EPA published revisions to the NAAQS for
PM
2.5
(78 FR 3086
)
and the revised standard was
in effect on March 18, 2013
.
The primary annual standard for PM
2.5
was
revised
from 15.0 micrograms per cubic meter (µg/m
3
) to 12.0 µg/m
3
. The secondary annual standard of 15.0 µg/m
3
and the primary and secondary 24-hour standards of 35 µg/m
3
for PM
2.5
were retained.
As a result of this federal action
, the Department is proposing to adopt the
revised
annual
PM
2.5
NAAQS into ch.
NR 404
, Wis. Adm. Code. In addition, the Department is proposing to revise ch.
NR 484
, Wis. Adm. Code, to include references to applicable U.S. EPA data handling conventions for
PM
2.5
.
6. Summary of, and comparison with, existing or proposed federal
statutes and
regulation
s
:
The Department is proposing to adopt
standards that are identical to the
EPA promulgated
2013
federal National Ambient Air Quality Standards
for
PM
2.5
.
Th
us the
proposed standard
s
are
no
t
more stringent than the federal standard
s
.
7. Comparison with
similar
rules in adjacent states
(Illinois, Iowa, Michigan and Minnesota)
:
Since NAAQS are federal standards
,
they apply in
all states. The states of
Illinois
and
Michigan
have already adopted the revised NAAQS standard for
PM
2.5
into their state rules.
Minnesota
is
in the process of rule promulgation
and expecting to finalize the rule in the spring of 2016.
Iowa
is in the early stage of
a
rule making process
to incorporate the revised NAAQS for PM
2.5
.
8. Summary of factual data and analytical methodologies
used and how any related findings support the regulatory approach chosen
:
As required by s.
285.21 (1) (a)
,
Wis.
Stats.,
Wisconsin must promulgate ambient air quality standards similar to the NAAQS for the protection of public health and welfare.
Because the Department is required by statute to adopt the NAAQS
and because the Department is proposing to adopt standards identical to the EPA promulgated NAAQS
, it did not develop or use data or analytical methodologies to support the proposed adoption of these standards
9. Analysis and supporting documents used to determine
the
effect on small business or in preparation of
an
economic impact
analysis
:
This rule proposes to adopt the 2012 annual PM
2.5
National Ambient Air Quality Standard (NAAQS) into state administrative code. The Department expects this proposed rule to have no, or minimal, economic impact on private sector businesses or individuals.
Prior to issuing an air permit, the Department is required, under s.
285.63(1)(b)
, Wis. Stats., to make a finding that emissions from the source will not cause or exacerbate a violation of the ambient air quality standards. The Department is also required by EPA guidance to determine that any approved major construction permit will not cause or exacerbate
a
violation of the 2012 PM
2.5
NAAQS. Major construction permits are regulated under the federal Prevention of Significant Deterioration (PSD) program in attainment areas and the New Source Review (NSR) program in nonattainment areas. A major construction permit is requ
ired for PSD/NSR major sources
that increase emissions above s
ignificant emissions thresholds
, or for projects at minor sources which increase emissions beyond the applicable permitted emissions thresholds defining a major source under each program. This was the requirement before EPA promulgated the 2012 annual PM
2.5
NAAQS, and nothing in the proposed rule changes this requirement.
Because sources undertaking major construction permits are already subject to this standard, the only sources potentially impacted by state adoption of this standard are those facilities which are obtaining a m
inor source construction permit
, obtaining an operating permit for the first time, or rene
wing a Title V operating permit
.
The Department finds there would be no, or minimal additional, economic impact (cost or benefit) due to this rule. The above-mentioned sources already need to comply with the 2006 annual PM
2.5
NAAQS currently in state code. The Department reviewed permitting actions from the year 2011, the last year prior to when EPA finalized the 2012 PM
2.5
NAAQS, and found that, for these sources, there would be no difference between meeting the 2006 and 2012 annual PM
2.5
NAAQS when it came to permitting preparation and emission control requirements. Therefore, the Department expects no changes in the
administrative cost on these sources when it comes to preparing and obtaining a permit. In addition, since control requirements for these sources also are not expected to change as a result of this rule, the Department also does not expect additional health benefits (or associated economic impact) from this rule
.
An economic impact analysis a
nd final fiscal estimate has been
completed prior to the submittal of this rule to the Legislative Council as required under s.
227.137(2)
,
Wis.
Stats.
1
0
. Effect on small business:
As stated above, the Department
b
elieves this rule making
would have no or minimal economic impact on
small
businesses
.
This rule does not change or impose new recordkeeping or reporting requirements on small businesses or change any schedules or deadlines for compliance reporting.
11
. Agency contact person:
Yu-Lien Chu
,
WDNR, P.O. Box 7921, Madison, WI 53707-7921;
(608)
266-2711
;
(608) 267-0560 (fax)
;
yulien.chu@wisconsin.gov
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Yu-Lien Chu
Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707
Fax: (608) 267-0560
Hearing dates and the comment submission deadline are to be determined.
SECTION 1. NR 404.
04 (9)
(title) is amended to read
NR 404.04
(9)
(title) PM
2.5
: PRIMARY AND SECONDARY STANDARDS
.
SECTION 2.
NR 404.04
(9)
(am) (title) is created to read:
NR 404.04
(9)
(am) (title)
Primary standards.
SECTION 3. NR 404.04 (9) (a) (intro.),
1.,
and 2.
are
consolidated, renumbered NR 404.04 (9) (am) 1. (
intro
.)
and
amended to read:
NR 404.04
(9)
(am) 1. (
intro
.)
The primary
and secondary
standards for PM
2.5
are
:
1.
15.0
12.0
micrograms per cubic meter (mg/m
3
)
—
annual arithmetic mean concentration
.
2.
and
35
micrograms per
cubic meter (
µ
g/m
3
) —
24-hour average concentration
.
, measured in the ambient air as PM
2.5
by either of the following methods:
SECTION 4. NR 404.04 (9) (am) 1.
a
. and b. are created to read:
NR 404.04
(9)
(am) 1. a. A reference method based on
40 CFR part 50
, Appendix L.
SECTION 5.
NR 404.04 (9) (b) (intro.) and 1.
are
consolidated, renumbered NR 404.04 (9) (am) 2., and amended to read:
NR 404.04
(9)
(am) 2.
The
PM2.5 standards are attained
primary annual standard is met
when
all of the following are met: 1. The
the
annual arithmetic mean concentration
, as determined in accordance with
40 CFR part 50
, Appendix N,
is less than or equal to
15.0
12.0
µg/m3
, the level designated in par. (a) 1
.
SECTION 6.
NR 404.04 (9) (b) 2.
is
renumbered NR 404.04 (9) (am) 3.
and
amended to read:
NR 404.04
(9)
(
am
)
3
.
The
ninety−eighth
primary 24-hour standard is met when the 98th
percentile 24-hour
average
concentration
, as determined in accordance with
40 CFR part 50
, Appendix N,
is less than or equal to 35
µ
g/m
3
, the level designated in par. (a) 2
.
SECTION 7.
NR 404.04 (9) (
bm
) is created to read:
NR 404.04
(9)
(
bm
)
Secondary standards.
1. The secondary standards for PM
2.5
are 15.0 µg/m
3
annual arithmetic mean concentration and 35 µg/m
3
24-hour average concentration, measured in the ambient air as PM
2.5
by either of the following methods:
2.
The secondary annual standard is met when the annual arithmetic mean concentration, as determined in accordance with
40 CFR part 50
, Appendix N, is less than or equal to 15.0 µg/m
3
.
3. The secondary 24-hour standard is met when the 98th percentile 24-hour concentration, as determined in accordance with
40 CFR part 50
, Appendix N, is less than or equal to 35 µg/m
3
.
SECTION 8.
NR 404.04 (9) (c) is repealed.
SECTION 9. NR 404.04 (9) (Note) is created to read:
SECTION
10
.
NR 484.04
(6g) and (6r) in Table 2 are amended to read:
NR 484.04
(6g
)
and
(6r)
in Table 2
|
CFR Appendix Referenced
|
Title
|
Incorporated by Reference For
|
(6g)
40 CAR part 50 Appendix L
|
Reference Method for the Determination of Particulate Matter as PM
2.5
in the Atmosphere
|
NR 400.02 (123e)
NR 404.04 (9)
|
(6r)
40 CAR part 50 Appendix N
|
Interpretation of the National Ambient Air Quality Standards for PM
2.5
|
NR 404.04 (9)
(c)
|
SECTION
1
1
.
EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (2) (intro.)
, Stats.
SECTION 1
2
.
BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on _______________________.
