This proposed rule implements changes needed to assure consistency between state and federal rules and thus, result in rules similar to those in neighboring states. Illinois and Minnesota are direct delegated states, meaning that they are implementing directly 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 implementing the same federal programs, 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. This results in similar requirements from state to state.
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 repealing 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 rule is expected to be minimal. When U.S. EPA adopts changes to the federal major air pollution control construction permit program, the Department immediately implements those changes through the state’s construction permitting program. For this reason, the consistency changes being proposed, that specifically name NOx as a precursor to ozone, will not have any additional economic impact on facilities obtaining major source air pollution construction permits (PSD permits).
The adoption of the PM2.5 increment will require additional analysis during the air construction permit reviews for minor sources (which may be small businesses) wishing to expand in areas where increment must be analyzed. However, because the Department has developed a weight of evidence approach to evaluate PM2.5 emissions against the increment, the Department does not anticipate that this additional analysis will cause noticeable delays in minor source permit issuance times and therefore, will not result in any significant impact to small businesses.
The Department has not been implementing the stage 2 vapor recovery program since 2012 when the state legislature terminated further implementation. Repeal of these outdated rules clarifies applicable requirements for the affected businesses and is not expected to have an adverse economic impact on them. As noted above, U.S. EPA already approved the removal of these requirements from Wisconsin’s SIP.
The portion of the rule that proposes to change the definition of volatile organic compounds (VOC) to make the rule consistent with the definition in federal regulations will provide clarity to businesses in how to calculate and report VOC emissions and on the applicability of regulations. This change is not expected to have a negative economic impact on businesses and, since the proposed change is specifically to exclude some organic compounds from the definition of VOC, the rule change could have a small, positive economic impact on certain facilities that use the excluded compounds.
10. Effect on small business (initial regulatory flexibility analysis):
The changes proposed in this rule are not expected to have an adverse economic impact on businesses, including small businesses. Small businesses are usually not major sources for purposes of the major source air pollution control construction permit program (PSD program) because they tend not to have large amounts of emissions. Since the Department is already implementing the PSD program, as required by U.S. EPA, the consistency changes being proposed in this rule will not have any additional economic impacts.
The adoption of the PM2.5 increment will require some additional analysis during the air construction permit review for some small businesses expanding in certain parts of the state, however, the Department does not anticipate that this additional analysis will cause noticeable delays in permit issuance times and therefore, will not result in any significant impact to the affected businesses.
The portion of the rule that proposes to change the definition of volatile organic compounds (VOC) to make the rule consistent with the definition in federal regulations will provide clarity to businesses in how to calculate and report VOC emissions and on the applicability of regulations. Small businesses affected include coating facilities, paint shops, autobody shops, and printing operations. This change is not expected to have a negative economic impact on these businesses however, because the proposed change is specifically to exclude some organic compounds from the definition of VOC. In fact, the rule change could have a positive economic impact on small businesses that use the compounds proposed to be excluded.
Many gasoline dispensing facilities are small businesses. The proposed repeal of the stage 2 vapor recovery program and related implementing rules will clarify applicable requirements for the affected small businesses and is not expected to have an adverse economic impact on them.
11. Agency contact person:
Kristin Hart, Chief, Permits and Stationary Source Modeling Section
Phone: 608.266.6876
Fax: 608.267.0560
SECTION 1. NR 172 is repealed.
SECTION 2. NR 400.02 (162) (a) 53. to 60. are created to read:
NR 400.02 (162) (a) 53. Trans-1,3,3,3-tetrafluoropropene (HFO-1234ze).
54. HCF2OCF2H (HFE-134).
55. HCF2OCF2OCF2H (HFE-236cal2).
56. HCF2OCF2CF2OCF2H (HFE-338pcc13).
57. HCF2OCF2OCF2CF2OCF2H (H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)).
58. Trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 1233zd(E)).
59. 2,3,3,3-tetrafluoropropene (HFO-1234yf).
60. 2-amino-2-methyl-1-propanol (AMP; CAS number 124-68-5).
SECTION 3. NR 404.05 (2) (intro.) is amended to read:
NR 404.05 (2) (intro.) CLASS I INCREMENTS. In any area of this state classified under the federal clean air act Act as a class I area, the ambient air increments of particulate matter measured as for PM10, PM2.5, sulfur dioxide, and nitrogen dioxide may not exceed the following amounts:
SECTION 4. NR 404.05 (2) (am) is created to read:
NR 404.05 (2) (am) PM2.5.
1. Annual arithmetic mean 1 microgram per cubic meter
2. Twenty−four hour maximum 2 micrograms per cubic meter
SECTION 5. NR 404.05 (3) (intro.) is amended to read:
NR 404.05 (3) (intro.) CLASS II INCREMENTS. In any area of this state classified under the act Act as a class II area, the ambient air increments of particulate matter measured as for PM10, PM2.5, sulfur dioxide, and nitrogen dioxide may not exceed the following amounts:
SECTION 6. NR 404.05 (3) (am) is created to read:
NR 404.05 (3) (am) PM2.5.
1. Annual arithmetic mean 4 micrograms per cubic meter
2. Twenty−four hour maximum 9 micrograms per cubic meter
SECTION 7. NR 404.05 (4) (intro.) is amended to read:
NR 404.05 (4) (intro.) CLASS III INCREMENTS. In any area of this state classified under the act Act as a class III area, the ambient air increments of particulate matter measured as for PM10, PM2.5, sulfur dioxide, and nitrogen dioxide may not exceed the following amounts:
SECTION 8. NR 404.05 (4) (am) is created to read:
NR 404.05 (4) (am) PM2.5.
1. Annual arithmetic mean 8 micrograms per cubic meter
2. Twenty−four hour maximum 18 micrograms per cubic meter
SECTION 9. NR 405.02 (3), (21) (a), and (21m) (a) are amended to read:
NR 405.02 (3) “Baseline area” means any intrastate area, and every part thereof, designated as attainment or unclassifiable under section 107 (d) (1) (D) or (E) (A) (ii) or (iii) of the Act (42 USC 7407 (d) (1) (D) or (E) (A) (ii) or (iii)) in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established equal to or greater than 1 µg/m3 (annual average) of the air contaminant for which the minor source baseline date is established for SO2, NO2, or PM10, or equal to or greater than 0.3µg/m3 (annual average) for PM2.5. Area redesignations under section 107 (d) (1) (D) or (E) (A) (ii) or (iii) of the Act (42 USC 7407 (d) (1) (A) (ii) or (iii)) cannot intersect or be smaller than the area of impact of any major stationary source or major modification which either establishes a minor source baseline date or is subject to this chapter. (21) (a) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.
(21m) (a) In the case of particulate matter PM10 and sulfur dioxide, January 6, 1975.
SECTION 10. NR 405.02 (21m) (c) is created to read:
NR 405.02 (21m) (c) In the case of PM2.5, October 20, 2010.
SECTION 11. NR 405.02 (22) (b) and (22m) (a) 1. and (b) 1. are amended to read:
NR 405.02 (22) (b) A major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.
(22m) (a) 1. In the case of particulate matter PM10 and sulfur dioxide, August 7, 1977.
(b) 1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107 (d) (1) (D) or (E) (A) (ii) or (iii) of the Act (42 USC 7407(d)(1)(D) or (E) (A)(ii) or (iii)) for the air contaminant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166. SECTION 12. NR 405.02 (22m) (a) 3. is created to read:
NR 405.02 (22m) (a) 3. In the case of PM2.5, October 20, 2011.
SECTION 13. NR 405.02 (27) (a) 6. is amended to read:
NR 405.02 (27) (a) 6. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides.
