## State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES

September 11, 2009 Jim Doyle, Governor Matthew J. Frank, Secretary

Mr. Bharat Mathur, Acting Region V Administrator USEPA-Region V (R-19J) 77 West Jackson Boulevard Chicago
, IL 60604 101 S. Webster St. Box 7921 Madison
, Wisconsin 53707-7921 Telephone 608-266-2621 FAX 608-267-3579 TTY Access via relay - 711

Subject: Request to redesignate to attainment for the 1997 8-hour ozone standard the Counties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha

Dear Mr. Mathur:

Under the federal Clean Air Act, USEPA is required to identify those areas of the nation that do not meet the NAAQS for ozone. On April 30, 2004, U.S. EPA published a final rule in the Federal Register setting forth designations and classifications for the 1997 8-hour ozone standard. Effective on June 15, 2004, USEPA designated ten Wisconsin counties as nonattainment areas for the 1997 8-hour ozone standards. Those counties are Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha.

WDNR proposed to designate these same ten counties as nonattainment for 8-hour ozone for state air quality planning purposes under s. 285.11(5), Stats., and ch. NR 401, Wis. Adm. Code. WDNR held a public hearing on November 9, 2004 in Milwaukee regarding the proposed redesignation. After review and addressing the comments from the hearing and the associated public comment period, WDNR designated all ten counties as nonattainment of the 8-hour ozone NAAQS in March 2005.

Based on 2004 through 2006 ozone monitoring data, WDNR submitted a redesignation request to USEPA for the Milwaukee-Racine 6-County Area (Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha) and the counties of Manitowoc and Kewaunee for the 1997 8-hour ozone standard on June 14, 2007. USEPA published a final rule in the Federal Register on May 21, 2008, redesignating Kewaunee County as attainment for the 1997 8- hour ozone standard (73 FR 29346). The other seven counties remained as nonattainment because based on 2005 through 2007 ozone monitoring data, subsequent exceedances of the 1997 8-hour ozone NAAQS were monitored. This letter's redesignation request supersedes the previous June 14, 2007 redesignation request to USEPA for the Milwaukee-Racine 6-County Area and Manitowoc County.


### 1997 8-Hour Ozone Standard - Redesignation Proposal

One of the requirements for redesignating an area from nonattainment to attainment of the 1997 8-hour ozone NAAQS is showing that attainment has been achieved based on the most recent three years of monitoring data. The average of the fourth highest peak daily 8-hour concentrations for the three most recent monitoring years must be below the NAAQS. WDNR's ozone monitors located in the specified counties did not record a violation of the 8-hour ozone NAAQS concentration during the 2006, 2007 and 2008 ozone seasons. Based on this

dnr.wi.gov wisconsin.gov Printed on Recycled Papermonitoring data, WDNR requests EPA redesignate the counties of Door, Kenosha, Kewaunee, Manitowoc,

Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha to attainment of the 1997 8-hour ozone air quality standard.

Wisconsin State Implementation Plan - Ozone Attainment Demonstration

Under Section 110 and Part D of the Clean Air Act, WDNR must submit an attainment demonstration for the 1997 8-hour ozone NAAQS as part of the redesignation request. WDNR includes an attainment demonstration document with this redesignation request which provides an overview of measured and modeled air quality data demonstrating how full implementation of Wisconsin's ozone air quality SIP and other factors contribute to attainment of the 19978-hour ozone NAAQS throughout the current nine nonattainment counties in Wisconsin.

The attainment demonstration also documents how permanent and enforceable control measures of ozone precursors in Wisconsin's ozone nonattainment counties have resulted in substantial emission reductions for these counties to date. Furthermore, these control measures are projected to yield emission reductions that meet reasonable further progress (RFP) requirements. The subsequent ozone modeling of future year scenarios that include these projected emissions scenarios resulted in predicted ozone concentrations that show attainment and maintenance of the 19978-hour ozone NAAQS in Wisconsin.

The information necessary to support this submittal is extensive. Rather than supplying hundreds of pages of attachments to this letter, we have included a CD containing all electronic documents as referenced in this letter's attachment page. If you have any questions regarding this SIP revision submittal, please feel free to call either Larry Bruss at 608-267-7543 or Ralph Patterson at 608-267-7546.

Sincerely,

Ralph Patterson -AM/7 Tom Steidl -LS/8 Larry Bruss-AM/7 Mr. John 

### gion V (A-18J), 77 West Jackson Boulevard, Chicago, IL 60604

# Attachments on CD

• SIP Checklist

• Public hearing notice

• Class 1 hearing notice tear sheet

• SIP Certification

• Redesignation Request Documents

o Redesignation Request Technical Support Document - 51 pages

o Appendix 1 - Redesignation Guidance from U.S. EPA - 72 pages

o Appendix 2 - Ozone Data Summaries for 2006 to 2008 -88 pages

o Appendix 3 - Components of Wisconsin Ozone SIP - 5 pages

o Appendix 4 - 2002 and 2005/2007 Wisconsin Redesignation Emission Inventories Documentation - 30 pages

o Appendix 5 - EGU Inventory Methodology and Emissions for 2002, 2007, 2012 and 2020 - 6 pages

o Appendix 6 - Point non-EGU Emissions for 2002, 2007, 2012 and 2020 - 228 pages

o Appendix 7 - Area Emissions for 2002, 2007, 2012, and 2020 - 42 pages

o Appendix 8 - Nonroad emissions for 2002, 2007, 2012, and 2020 - 12 pages

o Appendix 9 - Onroad Emissions for 2002, 2007, 2012, and 2020 - 3 pages

o Appendix 10 - Wisconsin MACT Standards - 3 pages

o Appendix 11 - State 1- Hour Ozone Redesignation Documents for the MilwaukeeRacine 6 - County Area - 11 pages

o Appendix 12 - WDNR's response to Public Comments - 4 pages

• Attainment Demonstration Documents

o Attainment Demonstration Technical Support Document - 66 pages

o Appendix A - Regional Air Quality Analyses for Ozone, PM2.5, and Regional Haze, Final Technical Support Document, LADCO - 169 pages

o Appendix B - Base K/Round 4 Strategy Modeling: Emissions, LADCO - 16 pages

o Appendix C - Base M Strategy Modeling Emissions (Revised), LADCO - 24 pages

o Appendix D - Regional Air Quality Analyses for Ozone, PM2.5, and Regional Haze: Final Technical Support Document (Supplement), September 12, 2008, LADCO - 56 pages
o Appendix E - Overview: VOC/NOx Ratios and Ozone Production - 3 pages

o Appendix F - Ozone Control Rules - 4 pages

o Appendix G - Classification and Regression Tree (CART) - 1 page

# EPA Region V 

# Wisconsin SIP Submittal Completeness Review

Submittal Letter

1. Signed by Governor’s Designee (John Melby, Jr.)? Yes _x__ No ___ 2. Date of Submitta l _____Septemb er 11, 2009_________________________________ 3. WDNR Person in charge of SIP submittal. Name _Ralph Patterson_______________ Telephone _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 Hoc h_______________ Telephone ____608-264-8861________ FAX Number ____608-267-0560___________ E-MAIL Address___Jos eph.Hoch@wisonsin.gov___________________________ 

# Incorporation Into Wisconsin Administrative Code

5. Is evidence that the State in corporated the revision into the Wisconsin Administrative Code supplied in this SIP package? Yes __ No_x_ if No explain. WDNR is requesting EPA redesignate the coun ties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha to attainment of the 1997 8-hour ozone air quality standard.
6. The effective date of the regulation is or was ___________N/A_________
7. Are test methods/rules incorporated by reference correctly? (Has approval been obtained from the state Attorney General

Yes_______ No_______ Not applicable _x______ For No and Not applicable explain answer. This is a redesignation request.

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

Yes _______ No ___x____ Additional Explanation (if necessary). This is a redesignation request.

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

Yes ____2

No__x___ Additional Explanation (if necessary).

10. Did the State provide evidence that it followed all of the requirements of its Administrative Procedures Act (ch. 227, Wis. Stats., Admini strative Procedure and Review) in conducting and completing adoption/issuance of the revision?

Yes____ No_x_____ Additional Explanation (if necessary)
11. Did the State include evidence that Public Notice was given of the revision, including date of publication? Yes__x__ No ____ Additional Explanation (if necessary)

12. Did the State provide a copy of the certification that public heari ngs were held in accordance with the information provided in the public notice (copy of notarized Class I paper proof).

Yes_x__ No___ Additional Explanation (if necessary).

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

Yes__x__ No____ Additional Explanation (if necessary).



# Technical Issues

14. Name the all the regulated pollutants affected by the revision? __Ozone_________
15. Does the submittal identify the designation, status of the attainment plan and attainment date for the area(s)

Yes_x___ No_____ Additional Explanation (if necessary)

16. Does the submittal identify the location and types of affected sources?

Yes__x___ No_____ Additional Explanation (if necessary)3

17. Does the submittal quantify the changes in SIP-allowable emissions and estimate or quantify the changes in actual emissions from affected sources?

Yes___ No_x___ Additional explanation (if necessary) This submittal is a redesignation request and includes emissions data to support the redesignation request.

18. Has the State demonstrated that the NAAQS/PSD Increment/RFP demonstration/visibility will be protected if the revision is approved and implemented?

Yes__x__ No____ Additional explanation (if necessary). WDNR is requesting EPA redesignate the counties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha to attainment of the 1997 8-hour ozone air qua lity standard. The submittal demonstrates the 8- hour ozone standard is attained in these counties.

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

Yes_x__ No____ Unnecessary____
20. Has the State provided evidence that emission limitations are based on continuous emission reduction technology?

Yes____ No_x___ Additional explanation (if necessary). Not applicable
21. Has the State provided evidence that the revision contains emission limitations, work practice standards and record keeping/reporting requirement s where necessary, to ensure emission levels?

Yes___ No__x__ Additional explanation (if necessary). Not applicable

22. Does the submittal contain enforcement/compliance strategies including how compliance will be determined in practice, and at what frequency?

Yes___ No__x_ Additional explanation (if necessary). Not applicable4



# STATE APPROVABILITY CHECKLISTENFORCEABILITY

USEPA USE ONLY

SIP Package Number ___________ Date Received by USEPA ________________ Date Due_____________________________ State: WISCONSIN5


# WDNR Information

Subject Matter: Redesignatiion of the counties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha to attainment of the 1997 8-hour ozone air quality standard.



## Applicability

USEPA Question USEPA Requirement State Response What sources are being regulated? Clear discussion 

### WDNR is requesting redesignation based on monitoring and emissions data. The redesi g nation do e directly address the regulation of any source. What are criteria for exemption? Clear discussion 

### Not applicable Is calculation procedure for exemption clearly specified? Supply example calculation or clear explanation of how to determine exemption (line by line, etc.) 

### Not applicable

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. 

### Emission inventories are included with the submittal

. Please refer to Appendices 5 6, 7, 8, and 9.

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. 

### Not applicable

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. 

### Not applicable

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. 

### Not applicable6

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. 

### WDNR does not anticipate that the redesignation will change any emission limitation.



## 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. 

### Not applicable.

What is the attainment date? Clearly defined. 

### Not applicable


## Specificity of conduct

USEPA Question USEPA Requirement State Response What test method is required? Test method must be explicitly stated. 

### Not applicable. What is the averaging time in the compliance test method? Averaging time and application of limit must be explicit. 

### Not applicable.
Is a compliance calculation or evaluation required? (i.e., daily weighted average for VOC). Clearly defined. 

### Not applicable.

If a compliance calculation is necessary, list the formula, period of compliance, and/or evaluation method. Formula must be explicit. 

### Not applicable.



## Incorporation by reference

USEPA Question USEPA Requirement State Response What is the state authority for rulemaking. Clearly stated. 

### Not applicable.
Are methods/rules incorporated by reference in the right manner? Clearly stated. 

### Not applicable.



## Record keeping

USEPA Question USEPA Requirement State Response What records are required to determine compliance? Clearly stated. 

### Not applicable.7

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 . 

### Not applicable.

Does the rule affirmatively require the records be kept? There must be clearly defined and distinguishable from what constitutes a violation. 

### Not applicable.



## Exemptions

USEPA Question USEPA Requirement State Response List any exemptions allowed. Must be clearly defined and distinguishable from what constitutes a violation. 

### Not applicable.

Is the criteria for applica tion clear? Clearly stated. 

### Not applicable.



## 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. 

### Not applicable.

### WISCONSIN DEPARTMENT OF NATURAL RESOURCES

BUREAU OF AIR MANAGEMENT

STATE IMPLEMENTATION PLAN REVISION CERTIFICATION

Pursuant to the requirements of 40 CFR s. 51.1 02{f), I hereby certify that the Wisconsin Department of Natural Resources held the hearing described below; that the hearing was held in accordance with the public notice (copy attached), as required by 40 CFR s. 51.102{d); and that I was the presiding officer at the hearing.
Subject:
Proposed Redesignation to Attainment for the 1997 8-Hour Ozone Standard of the Counties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha and Ozone Attainment Demonstration.

Hearing held: Tuesday, August 18, 2009 in Milwaukee, Wisconsin.

Written comments were received until August 28, 2009.

# ~~~! Thomas F. Steidl

.. . BUREAU OF LEGAL SERVICES
Subscribe:q and sworn to before me this 

# jlz;tl/ day of

### 5:~JJtlJ6q-2009.

Notary Public, State of s nsin My commission is permanent.BEFORE THE DEPARTMENT OF NATURAL RESOURCES

Notice of Public Hearing

Proposed Redesignation to Attainment for the 1997 8

- Hour Ozone Standard of the Counties of Door
, Kenosha
, Kewaunee
, Manitowoc
, Milwaukee
, Ozaukee
, Racine, Sheboygan
, Washington
, and Waukesha and Ozone Attainment Demonstration

NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11(5) and (6) and 285.23(2) and (4), Wis. Stats., and ch. NR 401, Wis. Adm. Code, the Department of Natural Resources will hold a public hearing on its proposal to redesignate the Counties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha from nonattainment to attainment of the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. The Department is also seeking public comment on its ozone attainment demonstration which is part of the state implementation plan (SIP) for ozone control which Wisconsin must submit to the U.S. Environmental Protection Agency (USEPA) under the federal Clean Air Act.


### Background

Under the federal Clean Air Act, USEPA is required to identify those areas of the nation that do not meet the NAAQS for ozone. On April 30, 2004, U.S. EPA published a final rule in the Federal Register setting forth designations and classifications for the 1997 8-hour ozone standard. Effective on June 15, 2004, USEPA designated ten Wisconsin counties as nonattainment areas for the 1997 8-hour ozone standards. Those counties are Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha.

The Department proposed to designate these same 10 counties as nonattainment for 8-hour ozone for state air quality planning purposes under s. 285.11(5), Stats., and ch. NR 401, Wis. Adm. Code. The Department held a public hearing on November 9, 2004 in Milwaukee. After review and addressing the comments from the hearing and the associated public comment period, the Department designated all 10 counties as nonattainment of the 8-hour ozone NAAQS in March 2005.

Based on 2004 through 2006 ozone monitoring data, the Department submitted a redesignation request to USEPA for the Milwaukee-Racine 6-County Area (Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha) and the counties of Manitowoc and Kewaunee for the 1997 8-hour ozone standard on June 14, 2007. USEPA published a final rule in the Federal Register on May 21, 2008, redesignating Kewaunee County as attainment for the 1997 8-hour ozone standard (73 FR 29346). The other seven counties remained as nonattainment because based on 2005 through 2007 ozone monitoring data, subsequent exceedances of the 1997 8-hour ozone NAAQS were monitored. This current redesignation proposal supersedes the previous redesignation request to USEPA for the Milwaukee-Racine 6-County Area and Manitowoc County.

1997 8-Hour Ozone Standard - Redesignation Proposal

One of the requirements for redesignating an area from nonattainment to attainment of the 1997 8- hour ozone NAAQS is showing that attainment has been achieved based on the most recent three years of monitoring data

. The average of the fourth highest peak daily 8

- hour concentrations for the three most recent monitoring years must be below the NAAQS. The Department ' s ozone monitors located in the specified counties did not record a violation of the 8

- hour ozone NAAQS concentration during the 2006,2007 and 2008 ozone seasons. Based on the monitoring data, the Department is proposing to redesignate

the counties of Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha to attainment of the 1997 8-hour ozone air quality standard. The Department will request that USEPA redesignate these counties to attainment through a federal action. The Department will also complete the state redesignation work so that these counties will be designated as attainment areas for the 1997 8-hour ozone standard under both state and federal law.

The redesignation of these counties to attainment may alter the permitting requirements for new sources of volatile organic compounds (VOC) and nitrogen oxides (NOx) emissions. Redesignation may raise the major source threshold, change the required emission control technology for major sources, and eliminate the need for acquiring VOC and NOx offsets prior to construction of major sources. All other aspects of the Wisconsin's Ozone Control Program and the related air quality management program commitments will remain as currently adopted and approved by the USEPA. This includes the VOC and NOx emission control programs embodied in the SIP for Ozone Control, and a continued commitment to air quality monitoring, periodic inventory reports, operation and new construction permits, and other related air quality management efforts.

Wisconsin State Implementation Plan - Ozone Attainment Demonstration

Under Section 110 and Part D of the Clean Air Act prior to submittal of a complete redesignation request
, Wisconsin must submit an attainment demonstration for the 1997 8-hour

ozone NAAQS. The Department has prepared a proposed attainment demonstration document which provides an overview of measured and modeled air quality data that demonstrates how full i mplementation of Wisconsin ' s ozone air quality SIP and other factors have contributed to attainment of the 1997 8-hour ozone NAAQS throughout the current nine nonattainment counties in Wisconsin.
The attainment demonstration also documents how permanent and enforceable control measures of ozone precursors in Wisconsin ' s ozone nonattainment counties have resulted in substantial emission reductions for these counties to date

. Furthermore
, these control measures are projected to yield emission reductions that meet reasonable further progress (RFP) requirements. The subsequent ozone modeling of future year scenarios that include these projected emissions scenarios resulted in predicted ozone concentrations that show attainment and maintenance of the 1997 8-hour ozone NAAQS in Wisconsin through at least 2018.



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

Tuesday
, August 18, 2009 at 1:00 p.m. WI DNR Southeast Region Headquarters, Room 140-141 2300 N. Dr. Martin Luther King Jr. Drive Milwaukee, WI

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 Joseph Hoch at (608) 264-8861 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments and Copies of DocumentsWritten comments on the proposed redesignation may be submitted to Mr. Joseph Hoch, Bureau of

Air Management AMJ7, P.O. Box 7921, Madison, WI 53707 no later than August 28, 2009

. Comments may be submitted electronically to joseph.hoch@wisconsin.gov. Written comments will have the same weight and effect as oral statements presented at the hearing.

A copy of the documents supporting the redesignation request and the attainment demonstration may be downloaded from http://dnr.wi.gov/air/aq/ozone/ozresources.htm or a hard copy may be obtained from:

Joseph Hoch AM/7 Bureau of Air Management P.O. Box 7921 Madison
, WI 53707 Joseph. Hoch , wisconsin.gov Phone : ( 608) 264-8861 FAX: (608) 267-0560

Dated at Madison, Wisconsin

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

## 'apers Proof of Publication Affidavit
MLL-609 

### etain this portion for your records

.

. payment until you receive your advertising invoice.



## RECEIVED 

## 'JUL 21 2009

AIR MANAGEMENT

Arlene Staff 

### being duly sworn, doth depose and say that he (she) is an authorized representative of capital Newspapers, publishers of

Wisconsin State Journal


### ewspaper, at Madison, the seat of government of said State, and that an advertisement of which the annexed is a true

copy, taken from said paper, was pUblished therein on JUly 16th, 2009



### (Title)

Subscribed and sworn to before me on



# ........................................................................ ............. J l f.R 

# =
.. Q 

# 9

.



# _________ €

.....**''r;~N;70l:'::ta~ry:''':"'i';p~u!:'i;:iC~,** 01;1

# ~~ My Commission expires May 24th, 2013