State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES 

101 S. Webster Street 

Box 7921 

Madison WI 53707-7921 

July 26, 2012 

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 Lead (Pb) Infrastructure State Implementation Plan (SIP) 

Dear Ms. Hedman: 

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

National Ambient Air Quality Standards (NAAQS) in accordance with the requirements in Sections 110(a)(1) and 

110(a)(2) of the Clean Air Act (CAA). This submittal describes the state's ability to implement, maintain, and 

enforce the Pb NAAQS. 

The WDNR has the legal authority under Wisconsin law to adopt and implement these 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 13, 2012. A copy of the public hearing 

notice is included as an attachment. No comments were received at the public hearing or during the public comment 

process. 

In accordance with the April 6, 2011 McCabe Memo, one paper copy of the SIP revision documents is enclosed. In 

addition, an electronic copy of these documents is provided as well on an enclosed CD. If you have any questions 

regarding this submittal, please feel free to contact Joseph Hoch at (608) 267-7543 or Ralph Patterson at (608) 267-

7546. 

Sincerely, 

~~re tor ____________________ __ 

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 Lead (Pb) Infrastructure SIP Elements 

Pb Public Hearing Notice 

Proof of Publication for the Public Comment Period and Public Hearing 

EPA Region V SIP Submittal Checklist 

dnr.wi.gov 

wisconsin.gov Naturally WISCONSIN ~'PR NTED ' ON RECYCLED . PAPER 

"~= ·· " 
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: July 26, 2012 

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 

 No X 

 No public comments were received. 

Technical Issues 

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

Lead (Pb) 

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). 
3

 Yes 

 No X 

Not applicable since this SIP submittal is not a rule. 

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: Lead (Pb) 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. 
8
BEFORE THE 

DEPARTMENT OF NATURAL RESOURCES 

Notice of Public Hearing 

Proposed Approval of the Wisconsin Lead (Pb) Infrastmcture State Implementation Plan (SIP) 

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 Department of Natural Resources will hold a public hearing 

on its proposed Wisconsin Lead (Pb) Infrastructure State Implementation Plan (SIP). 

Background 

The U.S. Environmental Protection Agency (USEPA) revised the primary and secondary National Ambient 

Air Quality Standards (NAAQS) for the air pollutant lead (Pb) on October 15, 2008. Pursuant to sections 

llO(a)(l) and 110(a)(2) of the Clean Air Act (CAA), states are required to submit a state implementation 

plan (SIP) to provide for the implementation, maintenance, and enforcement of a revised NAAQS within 3 

years of promulgation of the revised standard. The State of Wisconsin's Department of Natural Resources 

(WDNR) has determined that the infrastructure SIP provisions are adequate to address the 2008 Lead (Pb) 

NAAQS as required under sections llO(a)(l) and 110(a)(2) of the CAA. 

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

Wednesday, June 13,2012 at 1:00 p.m. 

WI DNR State Headquarters, Room 713 

101 S. Webster St. 

Madison, 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 Mr. Martin Burkholder at 

(608) 264-8855 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 Lead (Ph) Infrastructure SIP request may be submitted to Mr. Martin 

Burkholder, Bureau of Air Management AM/7, P.O. Box 7921, Madison, WI 53707 no later than June 18, 

2012. Comments may also be submitted electronically to martin.burkholder@wisconsin.gov. Written 

comments will have the same weight and effect as oral statements presented at the hearing. 

The draft Lead Infrastructure SIP can be dowuloaded by accessing 

http://dnr.wi.gov/topic/ AirQuality/Pollutants.html then clicking on the web page's "Lead" tab. 

Alternatively, a hard copy may be obtained by contacting Mr. Martin Burkholder at 608-264-8855. 

DatedatMadison, Wisconsin Ma,\A ~+\-. Q)Did \ j 
Capital Newspapers Proof of Publication Affidavit 

Ad #: 1920667 Price: $77.76 Ad ID: P.O. #AMLL-936 

Retain this portion for your records. 

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

Mail to: 

jDEPT OF NATURAL RESOURCES 

Keri Behm 

P.O. Box 7921 

Attn: Sharon Reeve 

1

MADISON, WI 53707-7921 

State of Wisconsin 

l egal Notices Reasonable accommodation. 

including the provision of 

informational material in an 

r alternative formal, will be 

provided for qualified individuals 

with disabilities upon request 

http://www.madison.com 

General Notices 

'BEFORE THE DEPARTMENT OF 

NATURAL RESOURCES • 

Notice of Public Hearing 

Prop osed Approval of t he Wisconsin 

Lead (Pb) Infrastructure State lmple· 

mentation Plan (SIP) 

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

and (4), Wis. Sl ats., and ch. NR 401, Wis. 

Adm. Code, the Department of Natural 

Resources will hold a public hearing on Its 'SJ proposed Wisconsin Lead (Pb) Infrastructure State Implementation Plan (SIP). 

Background 

The U.S. Environmental Protection Agency 

(USEPA) revised the primary and secondary National Ambient Air Quality Standards 

(NAAQS) for the air pollutant lead (Pb) on 

October 15, 2008. Pursuant to sections 

110(a)(1) and 110(a)(2) of the Clean Air 

Act (CAA), states are required to submit a 

state implementation plan (SIP) to provide 

for the imPlem entation, maintenance, and 

enforcement of a revised NAAQS within 3 

years of promulgation of the revised standard. The State of Wisconsin's Department 

of Natural Resources (WDNR) has determined that the infrastructure SIP provisions are adequate to address the 2008 

Lead (Pb) NAAQS as required under sections 110(a)(1 ) and 110(a)(2) of the CAA. 

NOTICE IS HEREBY FURTHER GIVEN 

that the public hearing will be held on: 

Wednesday, June 13, 2012 at 1 :00 p.m., 

WI DNR State Headquarters, Room 713, 101 S. Webster St. 

Madison, WI 

NOTICE IS HEREBY FURTHER GIVEN 

that pursuant to the Afl)ericans with Dis-

?bilitfes Act, reasonable accommodations, 

Including the provision of informational 

material in an alternative format, will be 

prov1ded for qualified individuals with disabilities upon request. Please call Mr. 

Martin Burkholder at (608) 264-8855 with 

specific information on your request at 

least 10 days before the date of the sched- uled hearing. 

Written Comments and Copies of Docu· ments 

Written comments on the draft Lead (Pb) 

Infrastructure SIP request may be submitted to Mr. Martin Burkholder, Bureau at 

, Air Management AMI7, P.O. Box 7921, 

Madison, WI 53707 no later than June 18, 

2012. Comments may also be submitted 

electronically to martln.burkholder@wisconsln.gov. Wntten comments will have 

the same weight and effect as oral statements presented at the hearing. 

The draft Lead Infrastructure SIP can 

be downloaded by accessing http://dnr. 

wi.gov /topic/AirQuality/Polluta nts.html 

then clicklnQ on the web page's "Lead" 

tab. Alternatively, a hard copy may be obtained by contacting Mr. Martin Burkholder at 608-264-8855. 

~~~ d at Madison, Wisconsin May 9, 

STATE OF WISCONSIN 

DEPARTMENT OF NATURAL 

RESOURCES 

By: /s/ Matt Maroney for 

Cathy Stepp, Secretary 

PUB. WSJ: May 13, 2012 

#1920667 WNAXLP 

55. 

RECE\\ItO 

Mf\~ 11 20\Z 

A\R N\ANI\G£MtNf 

MATT MIJOLEVIC 

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 State, 

and that an advertisement of which the annexed is a true 

copy, taken from said paper, was published therein on 

May 13th, 2012 

(Signed) 

(Title) Principal Clerk 

Subscribed and sworn to before me on 

My Commission expires April 15th 2015 
Wisconsin Lead (Pb) Infrastructure SIP Elements 

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 WDNR continues to monitor, update and implement revisions to Wisconsin's SIP as emission limits 

and/or other control measures in order to meet federal and state ambient air quality standards including 

the 2008 Pb 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 a source-specific Pb monitoring site located at Kohler Company in 

Sheboygan County using USEPA approved Federal Reference Method (FRM) or equivalent monitors in 

accordance with recent revisions to the Pb monitoring network requirements (Lead Ambient Air 

Monitoring Requirements, December 14, 2010). 

In 2010 and 2011, the WDNR re-evaluated Pb sources that could potentially require monitoring and 

determined that no additional source-specific monitors are required in Wisconsin. Waivers for those 

seven sources that were found to emit above the 0.5 ton per year of Pb threshold, but that modeling 

showed contributed less than 50% of the Pb NAAQS, was submitted by the WDNR and approved by the 

USEPA on September 19, 2011. 

The USEPA also requires Pb monitoring in large urban areas (CBSAs with a population above 500,000) 

but only at N-core monitoring sites. Milwaukee is the only large urban area in Wisconsin with a 

population above 500,000; however, because there is no N-core site located within the urban area 

(Wisconsin’s N-core site is located in Horicon in a rural area), no additional Pb monitoring is required. 

Wisconsin's most recently adopted annual network plan for 2012 was signed by WDNR in June 2011. 

All monitored data is submitted to the USEPA’s Air Quality System (AQS) in a timely manner in 

accordance with 40 CFR 51.320. The WDNR continues to provide the USEPA 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 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 C.F.R Part 58.10. 
Page 2 

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 assure 

compliance with air 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 enforcement response ranges from 

issuance of a Letter of Inquiry (the state counterpart of an 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. Wisconsin regulates Pb 

emissions under Chapter NR 447, Wis. Adm. Code. Under s. 285.13, Wis. Stats., WDNR has the 

authority to impose fees and penalties to ensure that required measures are ultimately implemented. 

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 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 USEPA approved 

nonattainment NSR, 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. WDNR collects revenue to support these permit programs 

through application and annual fee requirements under s. 285.69, Wis. Stats. 

On March 28, 2011, WDNR transmitted a letter to EPA clarifying that the infrastructure SIP before EPA 

review at that time (with respect to the 1997 ozone and 1997 PM2.5 NAAQS) only included PSD 

regulations that remained approved after 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. 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.” 
Page 3 

In 2010 and 2011, the WDNR re-evaluated all Pb sources in the state and determined that only one 

source, Kohler Company located in Sheboygan County, continues to require air monitoring. Other 

potential Pb sources were found to either have emissions well below 0.5 tons per year, contributed less 

than 50% to the Pb NAAQS, or were permanently closed. A waiver for those sources that were found to 

emit above the 0.5 ton per year of Pb threshold, but that modeling showed contributed less than 50% of 

the Pb NAAQS, was submitted by the WDNR and approved by the U.S. EPA on September 19, 2011. 

Since the only Pb source that requires monitoring (Kohler Company) is located more than 70 miles from 

the nearest state border (IL), Wisconsin does not believe that any Pb sources in the state contribute 

significantly to nonattainment in, or interfere with maintenance by, any other state. Furthermore, the U.S. 

EPA has designated all of Wisconsin as unclassifiable/attainment for the 2008 Pb NAAQS. 

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 115 or 126(b) that involve Pb emissions (relating to interstate and international 

pollution abatement).” 

Wisconsin’s air management program contains adequate provisions to insure compliance with Section 

126 of the federal Clean Air Act relating to interstate pollution abatement. Neighboring states and tribes 

are notified regarding new or modified sources. Additionally, Section 115 of the Federal Clean Air Act 

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 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 
Page 4 

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 measure 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), 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, WDNR notes that our Natural Resources Board does not 

generally approve enforcement or permit orders. However, there are rules that explicitly address conflict 

of interest. Of note, Chapter 19 of the Wisconsin State Rules, “General Duties of Public Officials” part 

46 is the provision that would address conflict of interests over public officials, which would include the 

Natural Resources Board. 

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, dependant on 

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

incorporated as part of Wis. Adm. Codes NR 438 and 439. Emission reports are submitted to meet 

requirements in our emission statement SIP. Wisconsin has one net-based monitoring, reporting, permits 

and compliance database 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. 

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

regulations necessary to meet ambient air quality standards 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 the authorization, approval of public notice, and final 

adoption by its Natural Resources Board (NRB) of SIP revisions for air quality control programs or 

measures. The administrative process ensures that potentially impacted public entities are identified and 

allowed to become engaged in the SIP development process. The Bureau of Air Management 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 interlocal 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 officiallycharged agency. 

The WDNR maintains an active monitoring network for criteria pollutants (those with NAAQS). 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 regional air quality forecasts and 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 

email subscription service (GovDelivery). Wisconsin is also an active member of LADCO (Lake 

Michigan Air Directors Consortium). 

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 section 110(a)(2)(D). Insofar as those provisions 

satisfy the applicable requirements of those sections, 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- 

(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.” 
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The WDNR has the authority and capability to perform source-oriented dispersion modeling of Pb 

emissions using models such as AERMOD. 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. These 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) 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 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 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.