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 (N0 2 ), Ozone (0 3 ), and Sulfur Dioxide (S0 2 ) 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 N0 2 and S0 2 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 N0 2 , 0 3 , and S0 2 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 (NO 2 

### ), Ozone (O 3 

### ), and Sulfur Dioxide (SO 2 

### )

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 incentiv es such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timet ables for compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter.”

The Wisconsin Department of Natural Resour ces (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 Qua lity Standards (NAAQS), including the 2008 O 3 

### NAAQS, 2010 NO 2 

### NAAQS, and 2010 SO 2 

### NAAQS. Authority for this effort is established under ss. 285.11 through 285.19, Wis. Stats . Authorities related to specific pollu tants, including the establishment of ambient air quality standards and increments, iden tification 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 establishm ent 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 m onitoring network. The data is used after full quality assurance to determine compliance with the NAAQS.

Wisconsin's most recently adopted annual networ k plan for 2013 was approved by the United States Environmental Protection Agency (U.S. EPA) on Oct ober 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 re gional office notice of any planned changes to monitoring sites or to the network plan. In a ddition, the WDNR actively participated in the development of a five-year regional network assessm ent 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 enfo rcement of the measures described in subparagraph (A), and regulation of th e modification and construction of any stationary source within the areas covered by the plan as n ecessary to assure that natio nal 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 Enfo rcement Programs work together to ensure compliance with Air Management Program SI P provisions, administrative code, and permit requirements. Authority to enforce violations a nd to assess penalties is contained in ss. 285.83 and 285.87, Wis. Stats . The WDNR follows a stepped enforcem ent process to address violations. The

### Page 2

enforcement response ranges from issu ance of a Letter of Inquiry (the state counterpart of a U.S. EPA 114 request) where additional information is need ed to confirm or assess the significance of a violation, up through referral to the Wisconsin Depa rtment of Justice (DOJ) for civil or criminal enforcement as appropriate.

The Environmental Performance Partnership Ag reement (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 pro secution of violations is also addressed in an Air Management Program Compliance and Enforc ement 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 conduc t 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. 2 85.13, 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 tran smitted 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 O 3 

### and 1997 fine particulate matter (PM 2.5 

### ) NAAQS) only included PSD regulations that remained approved after the U.S. EPA issued the PSD SIP narrowing rule. Thus, the gr eenhouse gas (GHG) PSD permitting requirement in Wisconsin’s infrastructure SIP subm ittal 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, 20 11, 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. Ther efore, 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): Inters tate 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 em itting 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 st ate 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 O 3 

### and PM 2.5 

### precursor emissions. Emissions of NO 2 

### and SO 2 

### are addressed regionally as PM 2.5 

### 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 de velop refined control requirements to address that forthcoming federal program – either by adopting a Federal Implementation Plan (FIP) directly or through development of an appr ovable substitute regulation embodying a more unique state program. In addition, as part of the U.S. Court of App eals 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 Wisco nsin’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 su rrounding 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. Togeth er these regulations and cooperative agreements address CAA and U.S. EPA concerns over the inte rstate 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 secti on 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 provis ions insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement).”

Wisconsin’s Air Management Program contains ad equate provisions to insure compliance with Section 126 of the CAA relating to interstate pollu tion 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 pe rsonnel, funding, and authority “Each such plan shall [...] provide:

(i) necessary assurances that the State (or, except where the Admini strator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the State or general purpose local governments for such purpo se) 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 th e 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 an y 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 sour ces, including program revenue (fees paid by

### Page 4

businesses), tax revenue, and grants (fe deral and state). There are se parate accounts affiliated with the different funding sources to ensure the fundi ng 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 em itting sources at the appropriate federal tailoring threshold.

With respect to the requirements of Section 1 28, the WDNR notes that the Wisconsin Natural Resources Board (NRB) does not generally approve en forcement 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 sta tionary 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 i ssued. 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 Wi sconsin 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 compar able 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 langua ge 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 [...] prov ide 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 avail ability 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 implemen ts or to otherwise comply with any additional requirements established under this chapter (CAA).”

Wisconsin Statute s. 285.11(6) provides the WDNR th e authority to develop all rules, limits, and regulations necessary to meet NAAQS as they evol ve 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 o fficials, public notification, PSD and visibility protection “Each such plan shall [...] meet the applicable requirem ents 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 deteriorati on 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 a ddition, 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 progr ams 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 Pr ogram 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 st ates, interstate or inter-local agencies, and the federal government, and with inter ested persons or groups" during the entire SIP revision process and for other elements related to air management for which the WDNR is the o fficially-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 qualit y 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 throug h a contracted e-mail subscription service known as “GovDelivery”.

The WDNR’s satisfaction of the PSD and visibility re quirements 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 p rescribe 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 NO 2 

### , O 3 

### , and SO 2 

### – using models such as AERMOD. The WDNR works with LADCO and the U.S. EPA to perform regional modeling of O 3 

### and PM 2.5 

### precursors – including NO 2 

### and SO 2 

### – from consistent emissions invent ory and meteorology platforms. This regional modeling supports SIP de velopment for Wisconsin, nearby nonattainment areas, addresses interstate pollutant transport quan tification, and supports visibility impact assessments. The WDNR requires source-specific modeling for PSD-NSR a ssessment 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 ow ner 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 recei ves a permit for such source, th e 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), unt il 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 Wisco nsin’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 funde d by application and review fees that vary based on the type and complexity of the permit. The NS R 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 loca l political subdivisions affected by the plan.”

Consultative authorities and responsibilities ar e noted in response to Section 110(a)(2)(J) requirements above regarding inte rgovernmental consultation. In addition, the WDNR follows formal public hearing processes in developing and ad opting all formal SIP revisions that entail new or revised air pollution control programs or strate gies. The WDNR actively engages potentially impacted stakeholders and other interested parti es 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 ma tters, a 60-day review period, which effectively ensures local entities have been engaged in th e program development process. The WDNR is obligated to respond to inquiries by the comm ittee 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 (N0 2 ), 

### Ozone (0 3 ), 

### and Sulfur Dioxide (S0 2 ) 

### 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 N0 2 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 No t 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 No2

9. Did the State include a copy of the actual regula tion 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 not arized Class I paper proof). Provide additional explanation (if necessary).

Yes X No

13. Does the submittal contain a compilation of public co mments and the State’s res ponse? Provide additional explanation (if necessary).

Yes X No 

# Technical Issues

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

Nitrogen Dioxide (NO 2 ), Ozone (O 3 ), and Sulfur Dioxide (SO 2 )

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? Provi de additional explanation (if necessary).

Yes No X

Not applicable.

18. Has the State demonstrated that the NAAQS/PSD In crement/RFP demonstration/vi sibility 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 necessa ry, 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: WISCONSIN5



# WDNR Information

Subject Matter: Nitrogen Dioxide (NO 2 

### ), Ozone (O 3 

### ), and Sulfur Dioxide (SO 2 

### ) 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.