State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES 

101 S. Webster Street 

Box 7921 

Madison WI 53707-7921 

June 20, 2013 

Ms. Susan Hedman 

Regional Administrator- R19J 

U.S. Environmental Protection Agency (EPA) -Region 5 

77 W. Jackson Blvd. 

Chicago IL 60604 

Scott Walker, Governor 

Cathy Stepp, Secretary 

Telephone 608-266-2621 

Toll Free 1-888-936-7463 

TTY Access via relay- 711 

Subject: Wisconsin Nitrogen Dioxide (N02), Ozone (03), and Sulfur Dioxide (S02) Infrastructure State 

Implementation Plan (SIP) 

Dear Ms. Hedman: 

The Wisconsin Department of Natural Resources (WDNR) hereby submits an infrastructure SIP for the 2008 0 3 

and 2010 N02 and S02 National Ambient Air Quality Standards (NAAQS) in accordance with the requirements 

contained in Sections 110(a)(l) and 110(a)(2) ofthe Clean Air Act (CAA). This submittal describes the state's 

ability to implement, maintain, and enforce these NAAQS. 

The WDNR has the legal authority under Wisconsin law to adopt and implement the requested SIP revisions. Section 

285.11 ( 6), Wis. Stats., authorizes the WDNR to develop and revise a SIP for prevention, abatement, and control of air 

pollution. The WDNR conducted a public hearing on June 10, 2013 regarding this SIP submittal. A copy of the 

public hearing notice is included as an attachment. In addition, a summary of comments received during the 

WDNR's public comment process is included as an attachment. 

In accordance with the April6, 2011 McCabe Memo, one paper copy of the SIP documents is enclosed. In addition, 

an electronic copy of these documents is provided on an enclosed CD. If you have any questions regarding this 

submittal, please contact Joseph Hoch at (608) 267-7543 or Ralph Patterson at (608) 267-7546. 

Sincerely, 

~~M Bart Sponseller, Director 

Bureau of Air Management 

cc: Patrick Stevens - AD/8 

Joseph Hoch- AM/7 

Ralph Patterson - AM/7 

George Czerniak- U.S. EPA Region V (A-18J) 

John Mooney- U.S. EPA Region V (A-18J) 

Douglas Aburano- U.S. EPA Region V (AR-18J) 

Attach: Wisconsin's N02, 0 3, and S02 Infrastructure SIP 

Infrastructure SIP public hearing notice 

Proof of publication for the public comment period and public hearing 

Summary and responses to public comments 

EPA Region V SIP Submittal Checklist 

dnr.wi.gov 

wisconsin.gov Naturally WISCONSIN 
Wisconsin’s Infrastructure State Implementation Plan (SIP) Elements for Nitrogen Dioxide 

(NO2), Ozone (O3), and Sulfur Dioxide (SO2) 

1. Section 110(a)(2)(A): Emission limits and other control measures 

“Each such plan shall [...] include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and auctions 

of emissions rights), as well as schedules and timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirements of this chapter.” 

The Wisconsin Department of Natural Resources (WDNR) continues to monitor, update, and 

implement revisions to Wisconsin's SIP as emission limits and/or other control measures are needed 

in order to meet National Ambient Air Quality Standards (NAAQS), including the 2008 O3 NAAQS, 

2010 NO2 NAAQS, and 2010 SO2 NAAQS. Authority for this effort is established under ss. 285.11 

through 285.19, Wis. Stats. Authorities related to specific pollutants, including the establishment of 

ambient air quality standards and increments, identification of nonattainment areas, air resource 

allocations, and various performance and emissions standards, are contained in ss. 285.21 through 

285.29, Wis. Stats. 

2. Section 110(a)(2)(B): Ambient air quality monitoring/data system 

“Each such plan shall [...] provide for establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to 

 (i) monitor, compile, and analyze data on ambient air quality, and 

 

 (ii) upon request, make such data available to the Administrator.” 

The WDNR continues to operate an extensive air monitoring network. The data is used after full 

quality assurance to determine compliance with the NAAQS. 

Wisconsin's most recently adopted annual network plan for 2013 was approved by the United States 

Environmental Protection Agency (U.S. EPA) on October 31, 2012. All monitored data is submitted 

to the U.S. EPA’s Air Quality System (AQS) in a timely manner in accordance with 40 CFR 51.320. 

The WDNR continues to provide the U.S. EPA regional office notice of any planned changes to 

monitoring sites or to the network plan. In addition, the WDNR actively participated in the 

development of a five-year regional network assessment for U.S. EPA Region 5 States dated July 1, 

2010. Authority for monitoring efforts exists under general air pollution duties in s. 285.11, Wis. 

Stats. Funding for Wisconsin’s air monitoring network comes from a variety of sources, including 

from the U.S. EPA under its Section 103 and 105 grant programs supporting federal monitoring 

requirements specified in 40 CFR 58.10. 

3. Section 110(a)(2)(C): Programs for enforcement, PSD, and NSR 

“Each such plan shall [...] include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and construction of any stationary 

source within the areas covered by the plan as necessary to assure that national ambient air quality 

standards are achieved, including a permit program as required in parts C and D of this 

subchapter.” 

The WDNR Air Management and Environmental Enforcement Programs work together to ensure 

compliance with Air Management Program SIP provisions, administrative code, and permit 

requirements. Authority to enforce violations and to assess penalties is contained in ss. 285.83 and 

285.87, Wis. Stats. The WDNR follows a stepped enforcement process to address violations. The 
Page 2 

enforcement response ranges from issuance of a Letter of Inquiry (the state counterpart of a U.S. EPA 

114 request) where additional information is needed to confirm or assess the significance of a 

violation, up through referral to the Wisconsin Department of Justice (DOJ) for civil or criminal 

enforcement as appropriate. 

The Environmental Performance Partnership Agreement (EnPPA) between the Wisconsin Air 

Management Program and U.S. EPA Region 5 addresses implementation of the U.S. EPA’s High 

Priority Violation (HPV) policy. The process for prosecution of violations is also addressed in an Air 

Management Program Compliance and Enforcement Memorandum of Understanding (MOU) 

between U.S. EPA Region 5 and the WDNR Air Management Program. Consistent with the 

provisions of this MOU, the two agencies conduct monthly compliance and enforcement conference 

calls to discuss program issues and specific cases. 

The WDNR regulates modification and construction of stationary sources through its U.S. EPA 

approved nonattainment New Source Review (NSR), Prevention of Significant Deterioration (PSD), 

and Title V permits programs under s. 285.11, s. 285.13, s. 285.17, s. 285.19, and ss. 285.60 through 

285.69, Wis. Stats. The WDNR collects revenue to support these permit programs through 

application of applicable fee requirements under s. 285.69, Wis. Stats. 

On March 28, 2011, the WDNR transmitted a letter to the U.S. EPA clarifying that the infrastructure 

SIP before the U.S. EPA review at that time (with respect to the 1997 O3 and 1997 fine particulate 

matter (PM2.5) NAAQS) only included PSD regulations that remained approved after the U.S. EPA 

issued the PSD SIP narrowing rule. Thus, the greenhouse gas (GHG) PSD permitting requirement in 

Wisconsin’s infrastructure SIP submittal consisted of only that portion of the PSD SIP program that 

applies PSD permitting requirements to GHG emissions at or above the tailoring rule thresholds. The 

WDNR made a subsequent submittal on May 4, 2011, asking that revisions to the State’s PSD 

program with respect to aligning the state threshold for GHG emitting sources with the federal 

threshold be incorporated into the SIP. Therefore, Wisconsin retains all necessary resources and 

authority to permit GHG emitting sources at the federal tailoring rule threshold. 

4. Section 110(a)(2)(D)(i): Interstate transport provisions 

 “Each such plan shall [...] contain adequate provisions: 

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type of 

emissions activity within the state from emitting any air pollutant in amounts which will- 

 

 (I) contribute significantly to nonattainment in, or 

(II) interfere with maintenance by, any other state with respect to any such national primary or 

secondary ambient air quality standard, or interfere with measures required to be included in the 

applicable implementation plan for any other state under part C of this subchapter to prevent 

significant deterioration of air quality to protect visibility.” 

The WDNR has adopted and implemented the various major programs related to interstate transport 

of pollution, as required by the U.S. EPA. The WDNR developed implementation programs in ch. 

NR 432, Wis. Adm. Code, in 2007, for the state portions of the Clean Air Interstate Rule (CAIR), to 

address interstate transport of O3 and PM2.5 precursor emissions. Emissions of NO2 and SO2 are 

addressed regionally as PM2.5 precursors, as well as locally within the state as described in section 

110(a)(2)(K). 
Page 3 

When the U.S. EPA finalizes a replacement to CAIR, as required by the U.S. Court of Appeals for the 

D.C. Circuit, the WDNR has the authority to develop refined control requirements to address that 

forthcoming federal program – either by adopting a Federal Implementation Plan (FIP) directly or 

through development of an approvable substitute regulation embodying a more unique state program. 

In addition, as part of the U.S. Court of Appeals for the D.C. Circuit August 21, 2012 decision 

regarding the Cross State Air Pollution Rule (CSAPR), the U.S. EPA must first define “significant 

contribution” before requiring states to eliminate that contribution. 

In August 2012, the U.S. EPA fully approved Wisconsin’s Regional Haze SIP, which satisfies the 

visibility protection requirements under 40 CFR Part 51 Subpart P. Wisconsin has entered into 

agreements and working relationships with the surrounding States of Illinois, Indiana, Michigan, 

Ohio and Minnesota through the Lake Michigan Air Directors Consortium (LADCO) to address a 

continuing assessment and control strategy program to ensure multi-state nonattainment areas meet 

required Clean Air Act (CAA) timelines. Together these regulations and cooperative agreements 

address CAA and U.S. EPA concerns over the interstate transport of emissions of regulated 

pollutants. 

If needed, ss. 285.11, 285.13 and 285.15, Wis. Stats., address circumstances where interstate transport 

reduction agreements between states are needed to resolve SIP development of cross-boundary 

nonattainment areas. As detailed in the section addressing Section 110(a)(2)(C), Wisconsin has 

adequate PSD and NSR regulations; these regulations satisfy all applicable elements of Section 

110(a)(2)(D)(i), as well as those of Section 110(a)(2)(C). 

5. Section 110(a)(2)(D)(ii): Interstate and International transport provisions 

“Each such plan shall [...] contain adequate provisions insuring compliance with the applicable 

requirements of sections 126 and 115 (relating to interstate and international pollution abatement).” 

Wisconsin’s Air Management Program contains adequate provisions to insure compliance with 

Section 126 of the CAA relating to interstate pollution abatement. Neighboring states and tribes are 

notified regarding new or modified sources. Additionally, Section 115 of the CAA relates to 

international pollution abatement. Wisconsin has no pending obligations under Section 115. 

6. Section 110(a)(2)(E): Adequate personnel, funding, and authority 

 “Each such plan shall [...] provide: 

(i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the 

general purpose local government or governments, or a regional agency designated by the State or 

general purpose local governments for such purpose) will have adequate personnel, funding, and 

authority under state (and, as appropriate, local) law to carry out such implementation plan (and is 

not prohibited by any provision of Federal or State law from carrying out such implementation plan 

or portion thereof), 

(ii) requirements that the state comply with the requirements respecting State boards under section 

128, 

(iii) necessary assurances that, where the State has relied on a local or regional government agency, 

or instrumentality for the implementation of any plan provision, the State has responsibility for 

ensuring adequate implementation of such plan provision.” 

Funding and personnel for the WDNR is through the state’s biennial budget process. The WDNR Air 

Management Program has several funding sources, including program revenue (fees paid by 
Page 4 

businesses), tax revenue, and grants (federal and state). There are separate accounts affiliated with 

the different funding sources to ensure the funding and related personnel are used for the intended 

purpose. The primary federal grant the Air Management Program receives is the Section 105 Air 

Pollution Control Grant. It is an annual grant that includes extensive review by the U.S. EPA. In 

addition, the WDNR and the U.S. EPA negotiate priorities and grant commitments under the EnPPA, 

which is a two year agreement itemizing performance measures and outcomes across the various 

funding sources and grants. Wisconsin's basic Air Management Program duties and authorities are 

ensured under s. 285.11, Wis. Stats. 

As specified in the section addressing Section 110(a)(2)(C), the WDNR also retains both the legal 

authority and adequate personnel to permit GHG emitting sources at the appropriate federal tailoring 

threshold. 

With respect to the requirements of Section 128, the WDNR notes that the Wisconsin Natural 

Resources Board (NRB) does not generally approve enforcement or permit orders. Therefore, only 

the second requirement of Section 128 applies to Wisconsin. Rules that apply to the Wisconsin NRB 

can be found in s. 15.34, Wis. Stats. Wisconsin Statute Chapter 19, “General Duties of Public 

Officials” contains provisions, specifically in s. 19.46, 19.47, and 19.48, Wis. Stats., that address 

conflict of interest over public officials, which would include the NRB. 

7. Section 110(a)(2)(F): Stationary source monitoring and reporting 

 “each such plan shall [...] require, as may be prescribed by the Administrator: 

(i) the installation, maintenance, and replacement of equipment, and the implementation of other 

necessary steps, by owners or operators of stationary sources to monitor emissions from such 

sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data from such 

source 

(iii) correlation of such reports by the state agency with any emission limitations or standards 

established pursuant to this chapter, which reports shall be available at reasonable times for public 

inspection.” 

The WDNR requires regulated sources to monitor, keep records, and submit reports dependent on 

applicable requirements and the type of permit issued. Frequency and requirements for review are 

incorporated as part of chs. NR 438 and 439, Wis. Adm. Code. Emission reports are submitted to 

meet requirements in our emission statement SIP. Wisconsin has a web-based monitoring, reporting, 

permits and compliance database called the Wisconsin Air Resource Program (WARP) that 

substantially strengthens the integrity of each of its component units. Basic authority for this effort is 

provided in s. 285.65, Wis. Stats. Public inspection of reports is available under Wisconsin’s open 

records law contained in s. 19.35, Wis. Stats. 

8. Section 110(a)(2)(G): Emergency episodes: 

“Each such plan shall provide for authority comparable to that in section 303 of this Title and 

adequate contingency plans to implement such authority,” 

Wisconsin Statute s. 285.85 requires the WDNR to act upon a finding that episode or emergency 

conditions exist. This language authorizes the WDNR to seek immediate injunctive relief in 

circumstances of substantial danger to the environment or to public health. 
Page 5 

9. Section 110(a)(2)(H): Future SIP revisions 

 “Each such plan shall [...] provide for revisions of such plan- 

(i) from time to time as may be necessary to take account of revisions of such national primary or 

secondary ambient air quality standard or the availability of improved or expeditious methods of 

attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of 

information available to the Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to otherwise comply with any additional 

requirements established under this chapter (CAA).” 

Wisconsin Statute s. 285.11(6) provides the WDNR the authority to develop all rules, limits, and 

regulations necessary to meet NAAQS as they evolve and to respond to any U.S. EPA findings of 

inadequacy with the overall Wisconsin SIP and Air Management Programs. 

10. Section 110(a)(2)(J): Consultation with government officials, public notification, PSD and visibility 

protection 

“Each such plan shall [...] meet the applicable requirements of section 121 of this Title (relating to 

consultation), section 127 of this Title (relating to public notification), and part C of this subchapter 

(relating to prevention of significant deterioration of air quality and visibility protection).” 

The WDNR follows an administrative process for public input and legislative review on non-rule SIP 

revisions for air quality control programs or measures. In addition, the WDNR follows an 

administrative process for public input, adoption by the Wisconsin NRB, and legislative review on 

rule SIP revisions for air quality control programs or measures. These processes ensure that 

potentially impacted public entities are identified and allowed to become engaged in the SIP 

development process. The WDNR Air Management Program has effectively used formal stakeholder 

structures in the development and refinement of all major SIP revisions. The WDNR is given the 

authority in s. 285.13(5), Wis. Stats., to "advise, consult, contract and cooperate with other agencies 

of the state, local governments, industries, other states, interstate or inter-local agencies, and the 

federal government, and with interested persons or groups" during the entire SIP revision process and 

for other elements related to air management for which the WDNR is the officially-charged agency. 

The WDNR maintains an active and fully-approved monitoring network for criteria pollutants . As 

provided for under s. 285.11, Wis. Stats., public notice is provided at levels associated with the extent 

of the monitored problem ranging from an advisory to alert levels. The State of Wisconsin actively 

participates in development of regional air quality forecasts and the U.S. EPA's AIRNow air quality 

data outreach program. The WDNR maintains an active multi-media outreach effort through a 

variety of partners to ensure adequate public notice of air quality and to advise the public of actions to 

reduce immediate exposure and improve air quality. Public notification is provided through the 

Department’s website and through a contracted e-mail subscription service known as “GovDelivery”. 

The WDNR’s satisfaction of the PSD and visibility requirements of this section have been previously 

addressed in the section addressing 110(a)(2)(C) and 110(a)(2)(D) requirements. Insofar as those 

provisions satisfy the applicable requirements of those sections, the WDNR intends the same 

provisions to satisfy the applicable requirements of Section 110(a)(2)(J). 

11. Section 110 (a)(2)(K): Air quality modeling/data 

 “Each such plan shall [...] provide for- 
Page 6 

(i) the performance of such air quality modeling as the administrator may prescribe for the purpose 

of predicting the effect on ambient air quality of any emissions of any pollutant for which the 

Administrator has established a national ambient air quality standard, and 

(ii) the submission upon request, of data related to such air quality modeling to the Administrator.” 

The WDNR has the authority and capability to perform source-oriented dispersion modeling of all 

criteria pollutants – including NO2, O3, and SO2 – using models such as AERMOD. The WDNR 

works with LADCO and the U.S. EPA to perform regional modeling of O3 and PM2.5 precursors – 

including NO2 and SO2 – from consistent emissions inventory and meteorology platforms. This 

regional modeling supports SIP development for Wisconsin, nearby nonattainment areas, addresses 

interstate pollutant transport quantification, and supports visibility impact assessments. The WDNR 

requires source-specific modeling for PSD-NSR assessment and permitting for the construction of 

major and some minor sources. These authorities reside under ss. 285.11, 285.13 and 285.60 - 

285.69, Wis. Stats. 

12. Section 110(a)(2)(L): permitting fees 

“Each such plan shall require the owner or operator of each major stationary source to pay to the 

permitting authority, as a condition of any permit required under this chapter, a fee sufficient to 

cover- 

 (i) the reasonable costs of reviewing and acting upon any application for such a permit, and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing 

and enforcing the terms and conditions of any such permit (not including any court costs or other 

costs associated with any enforcement action), until such fee requirement is superseded with respect 

to such sources by the Administrator’s approval of a fee program under subchapter Title V of this 

chapter.” 

Major stationary sources receive permits under Wisconsin’s Title 5 and NSR programs. The Title 5 

program is funded by emission fees paid by sources and the level of funding is included in the State’s 

biennial budget process. The NSR program is funded by application and review fees that vary based 

on the type and complexity of the permit. The NSR program fees were revised effective January 1, 

2011. Authority is established under s. 285.69, Wis. Stats. 

13. Section 110(a)(2)(M): Consultation/participation by affected local entities 

“Each such plan shall [...] provide for consultation and participation by local political subdivisions 

affected by the plan.” 

Consultative authorities and responsibilities are noted in response to Section 110(a)(2)(J) 

requirements above regarding intergovernmental consultation. In addition, the WDNR follows 

formal public hearing processes in developing and adopting all formal SIP revisions that entail new or 

revised air pollution control programs or strategies. The WDNR actively engages potentially 

impacted stakeholders and other interested parties including local governmental entities. The WDNR 

is required to adopt all formal emission control programs and strategies as rules following the state's 

formal regulatory processes of notice prior to adoption of rules. For any SIP revision not related to a 

single source, the WDNR is required to provide the standing committees of the Wisconsin State 

Legislature with jurisdiction over environmental matters, a 60-day review period, which effectively 

ensures local entities have been engaged in the program development process. The WDNR is 

obligated to respond to inquiries by the committee chairs within 15 days under s. 285.14, Wis. Stats. 
BEFORE THE 

DEPARTMENT OF NATURAL RESOURCES 

Notice of Public Hearing 

Wisconsin's Infrastructure State Implementation Plan (SIP) for the 2008 Ozone National Ambient 

Air Quality Standard (NAAQS) and the 2010 Nitrogen Dioxide and Sulfur Dioxide NAAQS. 

NOTICE IS HEREBY GIVEN that pursuant toss. 285.11(5) and (6) and 285.23(2) and (4), Wis. 

Stats., and ch. NR 401, Wis. Adm. Code, the Wisconsin Department of Natural Resources (WDNR) will 

hold a public hearing on its proposed infrastructure SIP for the 2008 ozone NAAQS and the 2010 

nitrogen dioxide and sulfur dioxide NAAQS. 

Background 

The U.S. Environmental Protection Agency (EPA) revised the NAAQS for ozone in 2008, effective on 

May 27, 2008 [73 FR 16436J, the NAAQS for nitrogen dioxide in 2010, effective on April12, 2010 [75 

FR 6474], and the NAAQS for sulfur dioxide in 2010, effective on August 23, 2010 [75 FR 35520]. 

Pursuant to Section llO(a) of the Clean Air Act (CAA), states are required to submit a SIP to provide for 

the implementation, maintenance, and enforcement of a revised NAAQS (i.e., an infrastructure SIP). As 

such, the WDNR has developed a draft infrastructure SIP for these three revised NAAQS and is soliciting 

public review and comment. 

NOTICE IS HEREBY FURTHER GIVEN that the public hearing will be held on: 

Monday, June 10,2013 at 1:00pm 

WDNR State Headquarters - GEF II, Room 713 

101 S. Webster Street 

Madison, WI 53707 

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, 

reasonable accommodations, including the provision of informational material in an alternative format, 

will be provided for qualified individuals with disabilities upon request. Please call Mr. Jonathan Loftus 

at 608-264-8868 with specific information on your request at least 10 days before the date of the 

scheduled hearing. 

Written Comments and Copies of Documents 

Written comments on the draft infrastructure SIP may be submitted to Mr. Jonathan Loftus, Bureau of Air 

Management, P.O. Box 7921, Madison, WI 53707 no later than June 14,2013. Comments may also be 

submitted electronically to jonathan.loftus@wisconsin.gov. Written comments will have the same weight 

and effect as oral statements presented at the hearings. 

The draft infrastructure can be downloaded by accessing the WDNR's web page at 

http://dnr.wi.gov/topic/AirQuality/Pollutants.html and clicking on one of the following tabs: "Nitrogen 

Oxides", "Ozone", or "Sulfur Dioxide". Alternatively, a hard copy may be obtained by contacting Mr. 

Jonathan Loftus at 608-264-8868. 

Dated at Madison, Wisconsin ~j I , ,9() { 3 

I STATE OF WISC NSIN 
Capital Newspapers Proof of Publication Affidavit 

Ad#: 2060117 Price: $84.83 Ad ID: AMPH-384 

Retain this portion for your records. 

Please do not remit payment until you receive your advertising invoice. 

Mail to: 

DEPT OF NATURAL RESOURCES 

SHARON REEVE 

Watershed Bureau 

PO BOX 7921 

MADISON, WI 53707-7921 

PWSJ 

ss. 

SHARON SCALLON 

being duly sworn, doth depose and say that 

he (she) is an authorized representative of 

Capital Newspapers, publishers of 

Wisconsin State Journal 

a newspaper, at Madison, the seat of government of said Stat~, 

and that an advertisement of which the annexed is a true 

copy, taken from said paper, was published therein on 

(Signed) 

(Title) 

May 9th, 2013 · 

Principal Clerk 

Subscribed and sworn to before me on 

Notary Public, D 

My:Commission expires April 15th, 2015 ) -
Wisconsin Nitrogen Dioxide (N02), Ozone (03), and Sulfur Dioxide (S02) 

Infrastructure State Implementation Plan (SIP) - Summary and Response to Public 

Comments 

The Wisconsin Department ofNatural Resources (WDNR) is submitting an infrastructure 

SIP for the 2008 03 and 2010 N02 and S02 National Ambient Air Quality Standards 

(NAAQS) in accordance with the requirements in Sections llO(a)(l) and 110(a)(2) of the 

Clean Air Act (CAA). The WDNR proposed this infrastructure SIP for public comment 

on May 9, 2013. The WDNR received comments on the proposed infrastructure SIP 

from several Wisconsin citizens. This document comprises the WDNR's summary and 

response to comments received. 

Comment 1: The McDonough family (Christine, Gerald and Caroline) commented that 

they are for anything that improves environmental protection and against anything that 

weakens it. 

Comment 2: Edward Kuharski commented that the infrastructure SIP seems to be in the 

direction of improvement for Wisconsin air quality. 

Response to comments: In confirming the WDNR's ability to implement, maintain, and 

enforce the revised N02, 03 and S02 NAAQS -which tighten the standards for these air 

pollutants- the infrastructure SIP confirms improved environmental protection. 
EPA Region V 

Wisconsin SIP Submittal 

Completeness Review

Submittal Letter 

1. Signed by Governor’s Designee (Bart Sponseller)? Yes X No 

2. Date of Submittal: June 20, 2013 

3. WDNR Person in charge of SIP submittal. 

Name: Ralph Patterson 

Telephone Number: (608) 267-7546 

 Fax Number: (608) 267-0560 

E-mail Address: Ralph.Patterson@wisconsin.gov 

4. WDNR Technical Person in charge of answering questions on SIP Submittal 

Name: Joseph Hoch 

Telephone: (608) 267-7543 

 Fax Number: (608) 267-0560 

E-mail Address: Joseph.Hoch@wisconsin.gov 

Incorporation Into Wisconsin Administrative Code

5. Is evidence that the State incorporated the revision into the Wisconsin Administrative Code supplied in this 

SIP package? 

 

Yes 

No X (if No, explain) 

Not applicable. This is not a rule submittal and therefore requires no incorporation into the Wisconsin 

Administrative Code. 

6. The effective date of the regulation is or was: Not applicable 

7. Are test methods/rules incorporated by reference correctly? (Has approval been obtained from the state 

Attorney General 

Yes 

No (if No, explain answer) 

 Not applicable X (if Not applicable, explain answer) 

 

This is not a rule submittal and therefore the Attorney General need not approve this submittal. 

8. Has WDNR provided evidence that it has necessary legal authority under State law to adopt and implement 

the revision? Provide additional explanation (if necessary). 

 Yes X 

 No 
2

9. Did the State include a copy of the actual regulation or document for USEPA review? Provide additional 

explanation (if necessary). 

 Yes X 

 No 

10. Did the State provide evidence that it followed all of the requirements of its Administrative Procedures Act 

(ch. 227, Wis. Stats., Administrative Procedure and Review) in conducting and completing 

adoption/issuance of the revision? Provide additional explanation (if necessary). 

 Yes 

 No X 

Not applicable. 

11. Did the State include evidence that Public Notice was given of the revision, including date of publication? 

Provide additional explanation (if necessary). 

 Yes X 

 No 

12. Did the State provide a copy of the certification that public hearings were held in accordance with the 

information provided in the public notice (copy of notarized Class I paper proof). Provide additional 

explanation (if necessary). 

 Yes X 

 No 

13. Does the submittal contain a compilation of public comments and the State’s response? Provide additional 

explanation (if necessary). 

 Yes X 

 No 

Technical Issues 

14. Name all the regulated pollutants affected by the revision. 

Nitrogen Dioxide (NO2), Ozone (O3), and Sulfur Dioxide (SO2) 

15. Does the submittal identify the designation, status of the attainment plan and attainment date for the 

area(s)? Provide additional explanation (if necessary). 

 Yes 

 No X 

Not applicable. 

16. Does the submittal identify the location and types of affected sources? Provide additional explanation (if 

necessary). 

 Yes 

 No X 

Not applicable since this SIP submittal is not a rule. 
3

17. Does the submittal quantify the changes in SIP-allowable emissions and estimate or quantify the changes in 

actual emissions from affected sources? Provide additional explanation (if necessary). 

 Yes 

 No X 

Not applicable. 

18. Has the State demonstrated that the NAAQS/PSD Increment/RFP demonstration/visibility will be protected 

if the revision is approved and implemented? Provide additional explanation (if necessary). 

 Yes 

 No X 

Not applicable. 

19. Has the State provided modeling information to support the revision. 

Yes 

 No 

 Unnecessary X 

20. Has the State provided evidence that emission limitations are based on continuous emission reduction 

technology? Provide additional explanation (if necessary). 

 Yes 

 No X 

Not applicable. 

21. Has the State provided evidence that the revision contains emission limitations, work practice standards 

and record keeping/reporting requirements where necessary, to ensure emission levels? Provide additional 

explanation (if necessary). 

 Yes 

 No X 

Not applicable. 

22. Does the submittal contain enforcement/compliance strategies including how compliance will be 

determined in practice, and at what frequency? Provide additional explanation (if necessary). 

 Yes 

 No X 

Not applicable. 
4

STATE APPROVABILITY CHECKLISTENFORCEABILITY 

USEPA USE ONLY 

SIP Package Number ___________ 

Date Received by USEPA ________________ 

Date Due_____________________________ 

State: WISCONSIN 
5

WDNR Information 

Subject Matter: Nitrogen Dioxide (NO2), Ozone (O3), and Sulfur Dioxide (SO2) 

Infrastructure SIP Submittal 

Applicability 

USEPA Question USEPA Requirement State Response 

What sources are being 

regulated? Clear discussion No sources are being regulated under this SIP 

submittal. This is not a rulemaking. 

What are criteria for 

exemption? Clear discussion This is not applicable to this SIP submittal. 

Is calculation procedure 

for exemption clearly 

specified? 

Supply example calculation or 

clear explanation of how to 

determine exemption (line by 

line, etc.) 

This is not applicable to this SIP submittal. 

Is emission inventory 

listed in the background 

document of the 

attainment demonstration? 

Inventory including allowable 

and actual emissions in source 

category should be included, for 

enforcement purposes and 

independent of any Clean Air 

Act requirements, in the 

attainment demonstration if 

such data is necessary for 

determining baselines in 

regulations. 

This is not applicable to this SIP submittal. 

Is the averaging time(s) 

used in the rule different 

from that of the ambient 

standard? 

The averaging time in the rule 

must be consistent with 

protecting the ambient standard 

in question. Normally, it should 

be equal to or shorter than the 

time associated with the 

standard. Longer term 

averaging is available only in 

limited instances provided that 

the ambient standard is not 

compromised. 

This is not applicable to this SIP submittal. 

What are the units of 

compliance (lbs VOC per 

gallon of solids applied 

less water, grains per 

standard cubic foot?) 

Clearly stated in the rule. This is not applicable to this SIP submittal. 
6

USEPA Question USEPA Requirement State Response 

Is bubbling or averaging 

of any type allowed? If 

yes, state criteria. Could a 

USEPA inspector 

independently determine 

if the criteria were met?? 

Does USEPA have to 

approve each case? 

Explicit description of how 

averaging, bubbling, or 

equivalency is to be determined. 

VOC equivalency must be on a 

“solids applied” basis. Any 

method must be independently 

reproducible. Provision must 

be explicit as to whether 

USEPA case-by-case approval 

is required. If provision 

intended to be “generic” then 

USEPA bubble policy must be 

met. 

This is not applicable to this SIP submittal. 

If there is a redesignation, 

will this change the 

emission limitations? If 

yes, which ones and how? 

Regulation may not 

automatically allow for self 

nullification upon redesignation 

of area to attainment. New 

maintenance demonstration 

required to order to drop 

regulation. 

This is not applicable to this SIP submittal. 

This is not a rulemaking. 

Compliance Dates 

USEPA Question USEPA Requirement State Response 

What is the compliance 

date? 

The compliance date must not 

be later than the approved or 

about to be approved date of 

attainment unless emission 

reductions are not necessary for 

attainment. In some cases, it 

will be necessary for the 

regulation to specify dates in 

compliance schedules that are 

required to be submitted by 

source to state. 

This is not applicable to this SIP submittal. 

This is not a rulemaking. 

What is the attainment 

date? Clearly defined. This is not applicable to this SIP submittal. 

This is not a rulemaking. 

Specificity of Conduct 

USEPA Question USEPA Requirement State Response 

What test method is 

required? 

Test method must be explicitly 

stated. This is not applicable to this SIP submittal. 

What is the averaging time 

in the compliance test 

method? 

Averaging time and application 

of limit must be explicit. This is not applicable to this SIP submittal. 

Is a compliance 

calculation or evaluation 

required? (i.e., daily 

weighted average for 

Clearly defined. This is not applicable to this SIP submittal. 
7

USEPA Question USEPA Requirement State Response 

VOC). 

If a compliance calculation 

is necessary, list the 

formula, period of 

compliance, and/or 

evaluation method. 

Formula must be explicit. This is not applicable to this SIP submittal. 

Incorporation by Reference

USEPA Question USEPA Requirement State Response 

What is the state authority 

for rulemaking. Clearly stated. This is not applicable to this SIP submittal. 

This is not a rulemaking. 

Are methods/rules 

incorporated by reference 

in the right manner? 

Clearly stated. This is not applicable to this SIP submittal. 

This is not a rulemaking. 

Recordkeeping

USEPA Question USEPA Requirement State Response 

What records are required 

to determine compliance? Clearly stated. This is not applicable to this SIP submittal. 

This is not a rulemaking. 

In what form or units 

(lbs/gal, gr/dscf, etc.) must 

the records be kept? On 

what time basis 

(instantaneously, hourly 

daily)? 

Records to be kept must be 

consistent with units of 

compliance in the performance 

requirements, including the 

applicable time period . 

This is not applicable to this SIP submittal. 

Does the rule affirmatively 

require the records be 

kept? 

There must be clearly defined 

and distinguishable from what 

constitutes a violation. 

This is not applicable to this SIP submittal. 

Exemptions

USEPA Question USEPA Requirement State Response 

List any exemptions 

allowed. 

Must be clearly defined and 

distinguishable from what 

constitutes a violation. 

This is not applicable to this SIP submittal. 

Is the criteria for 

application clear? Clearly stated. This is not applicable to this SIP submittal. 

Malfunction Provisions

USEPA Question USEPA Requirement State Response 

Are there any malfunction 

provisions in the rule? 

Rule must specify what 

exceedances may be excused, 

how the standard is to be 

applied, and who makes the 

determination. 

This is not applicable to this SIP submittal.