SECTIONS 22 and 28 amend existing rules to specify that non-part 70 source operation permits do not expire. The department may reopen a non-part 70 source operation permit to set an expiring term for cause.
SECTIONS 30 and 31 amend the existing rules to allow a source to burn high sulfur diesel fuel as long as emissions are controlled by the best available control technology. This eliminates a conflict between state and federal rules affecting large marine engine testing and allows flexibility to test other engines that will be marketed in overseas locations where high sulfur fuel is still used.
All other SECTIONS involve changes to wording, removal of outdated tables and requirements, correction of code citations and references, addition of clarifying notes, and other changes for consistency with federal regulations.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations: Several of the proposed rule changes are being made to align existing state rules with federal regulations. These include:
• Changes to s. NR 445.09 are necessary because the current state rule is in direct conflict with federal law requiring marine engines to be tested using diesel with a higher sulfur content than allowed by state rule. • Two federal standards affecting reciprocating internal combustion engines defined several types of limited use engines that are exempt from these federal standards. This proposed rule replaces the state’s definition and exemptions for “emergency electric generators” with a new definition and exemptions that includes emergency and other limited use engines as defined in the federal standards.
• Changes are also being proposed to the definition of major source in s. NR 407.02 (4) (b) 27., so that wording exactly mirrors that in the federal definition. • Finally, a change proposed for s. NR 407.15 changes the notification waiting period for suspension, revocation, or withdrawal of coverage of a part 70 source from 21 to 30 days as required by 40 CFR Part 70. Minor source construction permitting and non-part 70 source operation permitting are not specifically regulated under the federal Clean Air Act. The natural minor operation permit exemption, changes allowing preconstruction activities prior to minor source construction permit issuance, elimination of an expiring term for non-part 70 operation permits, and changes to revocation procedures are limited to minor sources. Other changes to chs. NR 400, 406, 407, and 445 provide consistency within the rules by removing outdated language, correcting citations, and providing clarification where appropriate. 7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota): Illinois and Minnesota are delegated states, so they are directly implementing the federal program and are not implementing their programs through a State Implementation Plan (SIP), as Wisconsin does. Iowa and Michigan, similar to Wisconsin, are SIP approved states, so they are also implementing a federal program, but through their own state rules. It is the goal of SIP-approved states to implement federal programs in accordance with the regulations set out in federal code. The portions of this rule that are being changed to align with federal regulations result in rules similar to those in neighboring states.
Other rule changes proposed are limited to minor source construction permits and minor source operation permits. Wisconsin’s neighboring states also have minor source construction permit programs, but state programs are very dissimilar. All adjacent states provide for exemption from construction permits for certain operations and activities depending on type, size, capacity, hours of operation, emissions or other similar criteria.
All the adjacent states issue minor source operation permits. Generally, these are issued to facilities requesting federally enforceable conditions limiting emissions to less than major source thresholds. These “synthetic minor” operation permit programs are all similar to Wisconsin’s. The adjacent states all offer different types of exemptions from operation permitting for natural minor sources. The majority of natural minor sources in neighboring states are not required to obtain an operation permit.
8. Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen: Since the Department is proposing rules consistent with federal regulations, making consistency and clarification changes, and developing rules as directed by the state legislature, the department did not make use of any factual data or analytical methodologies in the rule development.
9. Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report: The economic impact of the proposed rules is expected to be minimal. In most cases, the changes proposed will result in cost savings for business, especially for small business.
10. Effect on small business (initial regulatory flexibility analysis): Small businesses with air pollution emissions will be affected by the proposed rules.
The proposed rules will allow sources seeking minor construction permits to begin certain preconstruction activities prior to permit issuance. Small businesses are more likely to qualify for this exclusion because they generally have lower air pollution emissions. The ability to begin certain preconstruction activities before receiving a permit can have substantial economic benefit, especially if the activities need to be completed before the Wisconsin winter precludes preconstruction activities. Such weather related delays can hold up the beginning of construction for months after permit issuance.
The proposed rules will make non-part 70 source operation permits non-expiring reducing the need for small businesses to submit operation permit renewal applications.
Small businesses are more likely to be considered natural minor sources for purposes of the operation permit program. The natural minor exemption from permitting will reduce the regulatory requirements for those businesses since they will not have to apply for, and receive, or maintain an air operation permit. The exemption does not affect the need to comply with applicable requirements including those in any existing construction permits. Some small businesses may need assistance in understanding what rules apply if those applicable requirements are not included in a permit. The Air Program’s Small Business Environmental Assistance Program is available to help facilities understand what permits and requirements apply and what options are available to demonstrate compliance.
11. Agency contact person: Kristin L. Hart, Chief-Permits and Stationary Source Modeling Section,
SECTION 1. NR 400.02 (56) is repealed.
SECTION 2. NR 400.02 (136m) is created to read:
NR 400.02 (136m) “Restricted use reciprocating internal combustion engine” or “restricted use RICE” means a reciprocating internal combustion engine that is one of the following:
(a) Operated no more than 200 hours per year and that meets the definition of emergency stationary RICE or black start engine in 40 CFR 63.6675. (b) Operated in accordance with the definition of limited use RICE in 40 CFR 63.6675. SECTION 3. NR 406.03 (1e) and (Note) are created to read:
NR 406.03 (1e) EXCLUSIONS. Notwithstanding the definitions of “commence construction” and “commence modification” in s. NR 400.02 (44) and (45) respectively, for projects reviewed under this chapter that, prior to issuance of a permit, would not be considered a major modification or construction of a major source under chs. NR 405 or 408, all of the following activities may be excluded when determining if construction, reconstruction, replacement, relocation, or modification has commenced: (a) Installation of building supports or foundations.
(b) Laying underground piping or conduit.
(c) Erecting storage structures.
(d) Dismantling existing equipment or structures.
(e) Ordering equipment or control devices.
(f) Temporary storage of equipment on site.
(g) Site clearing.
(h) Programs undertaken to locate underground utilities.
(i) Installation of erosion control measures.
(j) Paving.
(NOTE) Undertaking any of the activities listed under NR 406.03 (1e) does not relieve the applicant from the obligation to comply with any other applicable regulations or requirements. If the applicant proceeds with any of the activities prior to receiving a construction permit, the applicant does so at their own risk and the department is not obligated to issue the air permit.
SECTION 4. NR 406.04 (1) (w) is renumbered NR 406.04 (1) (w) (intro.) and amended to read:
NR 406.04 (1) (w) (intro.) Emergency electric generators powered by Restricted use reciprocating internal combustion engines which are fueled by gaseous fuels, gasoline, or distillate a clean fuel oil with an and which have a combined total electrical output of less than 3,000 kilowatts, or the equivalent in brake horsepower. An owner or operator claiming exemption under this paragraph shall maintain records of all of the following:
SECTION 5. NR 406.04 (1) (w) 1. and 2. are created to read:
NR 406.04 (1) (w) 1. The electrical output or equivalent in brake horsepower of each engine.
2. The total hours each engine is operated during a year.
SECTION 6. NR 406.08 (1) is amended to read:
NR 406.08 (1) This section applies to actions on permits for which applications are received on or after September 1, 2000. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment, and hearing provisions of s. 293.43, Stats. SECTION 7. NR 406.10 is amended to read:
NR 406.10 Violations. Any owner or operator who fails to construct a stationary source in accordance with the application as approved by the department; any owner or operator who fails to construct and operate a stationary source in accordance with conditions imposed by the department under s. 285.65, Stats.; any owner or operator who modifies a stationary source in violation of conditions imposed by the department under s. 285.65, Stats.; or any owner or operator who commences construction, reconstruction, replacement, relocation, or modification of a stationary source without applying for and receiving a permit as required under this chapter or ch. NR 405 or 408 shall be considered in violation of s. 285.60, Stats. SECTION 8. NR 406.11 (1) (intro.) is amended to read:
NR 406.11 (1) (intro.) After providing 21 days written notice to the permit holder and to the persons listed under s. 285.61 (5) (a) 2. to 5., Stats., except as provided in par. (h), the department may revise, suspend, revoke, or withdraw a source from coverage under a construction permit, part of that permit, or the conditions of that permit if there is or was any of the following . Permit revision, suspension, withdrawal from coverage, or revocation may occur for any of the following reasons: SECTION 9. NR 406.11 (1) (h) is created to read:
NR 406.11 (1) (h) Source Shutdowns. A permanent shutdown of operations of a stationary source so that it no longer requires a permit. Upon confirmation obtained by the department that a source has been permanently shut down or at the request of the source permit holder, the department may revoke a permit or withdraw a source from coverage under a permit without providing a 21 day written notice as otherwise required under this subsection.
SECTION 10. NR 406.16 (2) (d) is repealed.
SECTION 11. NR 406.17 (3) (e) is repealed.
SECTION 12. NR 407.02 (4) (b) 27. is amended to read:
NR 407.02 (4) (b) 27. All Any other stationary source categories regulated on or after category not included in this paragraph which as of August 7, 1980, by a standard promulgated is being regulated under section 111 or 112 of the Act (42 USC 7411 or 7412). SECTION 13. NR 407.02 (4m) is created to read:
