4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The department is required under s. 285.11(1), Wis. Stats., to promulgate rules implementing and consistent with ch. 285 (air pollution control). In addition, s. 285.11(6), Wis. Stats., requires the department to prepare and develop comprehensive plans for prevention, control and abatement of air pollution and revise and implement those plans to conform with the federal Clean Air Act. Several provisions of the CAA provide the federal statutory basis for this rule. Section 183 (a) and (b)(1) of the CAA [42 USC 7511b (a) and (b)(1)] require EPA to issue CTGs for new stationary source categories, and periodically review and, if necessary, update these CTGs. Section 182 (b)(2) [42 USC 7511a (b)(2)] requires states to implement VOC RACT in ozone nonattainment areas classified as moderate (or above) and for which EPA has published CTGs. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that approximately 400 hours of staff time will be required to complete the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
Affected entities include industrial sources located in ozone nonattainment areas classified as moderate (or above) in the two identified categories (miscellaneous metal and plastic parts coatings and miscellaneous industrial adhesives) where use of adhesives or plastic or metal coatings have not already been addressed in the Wisconsin Administrative Code.
In addition to the affected sources, there are several organizations that may not be directly affected by the rule but are likely to have an interest in rule development, including Wisconsin Manufacturers and Commerce, environmental organizations, and public health organizations.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
To guide state VOC RACT rule development, EPA promulgates CTGs that DNR then evaluates. DNR’s rule development will be based on, and consistent with, EPA’s CTGs.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule would only apply within areas of the state that are classified as moderate (or above) ozone nonattainment areas by EPA. Wisconsin currently has only two such areas: Sheboygan County and the eastern part of Kenosha County. In addition, narrow parts of six counties are designated as marginal ozone nonattainment areas, with the potential for future reclassification to moderate in 2021. Given the applicability threshold for these CTGs, the control requirements, and the limited geographic scope of potential applicability, a relatively small number of sources (e.g., less than 20) are anticipated to be impacted. Therefore, the economic impact of the rule is expected to be minimal and the rule is not anticipated to have a significant economic impact on small businesses.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one public hearing in the month of November 2019 in Sheboygan, Wisconsin.
Contact Person: Cami Peterson, cami.peterson@wisconsin.gov, 608-267-7546, Wisconsin Department of Natural Resources, Bureau of Air Management, 101 S. Webster, AM/7, Madison, WI 53703.
