### 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. Environmenta l 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 to** **r** ____________________ __

Bureau of Air 

### Management

cc: Patrick St e vens

- AD / 8 Joseph Hoch

- AM/7 Ralph Patterson

- AM /7 Geor g e Cze rniak

- U. S. EPA R eg ion 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 E lements Pb Public Heari n g Notic e Proof of Publication for the Public Comment Period and Public Hearing EPA Region V SIP Submittal Checklist

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## Naturally 

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# 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 in corporated 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 No2

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., Admini strative 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 heari ngs 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 pub lic 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 impl emented? 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? Pr ovide additional explan ation (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 requirement s 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: WISCONSIN5



# 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 

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## Capital Newspapers Proof of Publication Affidavit

Ad #: 1920667 Price: $77.76 Ad I D: P

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. #AMLL-936 Retain this portion for your records

. Please do n o t remit payment until you receive your advertising invoice

.

Mail to:

j DEPT OF NATURAL RESOURCES Keri Behm P.O. Box 7921 Attn : Sharon Reeve

1 MADIS ON, W I 53707-7921

State of Wisco ns in

l eg al N o tic e s
Reasonable a c co mm o d a ti o n

. inc l uding the provision of i n f ormational ma t erial in a n r a l terna ti v e fo rmal

, will be

p r ov i ded for qua li fied indiv i dua l s with disabilities upon r eques t h t

tp://www.madis o n.c o m


### General Not i ces

'BE FORE THE DEPARTMENT OF NATURA L RESOURCES • N ot i ce of P u b li c Hear in g Pro p osed App ro v al of t h e Wisconsin Lead (P b) Inf r as tr ucture Sta t e l mple· mentatio n P l an ( SIP ) NOT I C E I S HER E BY G IVEN that purs u
ant toss

. 285. 1 1(5) and (6) and 285.23(2 )
a nd (4)

, Wis. S l ats.
, a n d c h

. NR 401, Wis

. Adm

. Cod e, t he Department of Na tu ra l Resources w ill ho ld a public hea r i ng on Its ' SJ
p r

opose d Wi s consin Lea d (P b ) I nfra s t r u c

t u r

e State Imp l ementation Plan (S I P)

. Background Th e U .S. Environmental Pr otec t i o n Agency ( U SEPA) rev i sed the pr i mary and second

a ry National Am b ient Air Q u al i ty Stan d ard s (NAAQS) for t h e a i r p o llut ant lead (Pb) on Octobe r 15, 20 0 8. P u rs u ant t o sections 1 10(a)(1) and 110(a)(2) of t he C l ean A i r Ac t (CAA )

, s t a t e s a r e r e qu i re d t o s u bm i t a
s t a t e im pl em e ntation p l an (S I P) to prov i de fo r the i mPle m enta t ion, ma i nten a nce , and enforceme nt of a r evised NAAQS w i th i n 3 y ears of pro mul gat i o n o f t he revised s tand

a r

d

. T he S t at e of Wiscon s in ' s Departm e n t of Natu r a l Resources (WDNR ) h as deter

m i n e d t h at t h e in f ras t ruc tu r e S I P provi

sions a r e ad e qua t e t o addre ss the 2008 L ead ( P b ) NAAQS as required under se ctions 1 1 0(a)(1 ) a n d 1 1 0(a)(2) of t he C AA. NOT I CE IS H E REBY F URTH E R G I VE N t h a t t h e p ub li c h e a ring w il l be he l d o n : We dn esday, J u n e 1 3
, 2012 at 1 :00 p.m. , W I DNR Sta t e H ea d qu a rters
, Room 7 1 3
, 1 0 1 S

. W e bs t er St. Mad i so n , WI N OTICE I S HERE B Y FU R T HE R G I VEN th a t pursu a n t t o th e Afl)erica n s wit h D i s

- ?b il it f es Act

, reasonable acc o m mo dations

, I n cl u d i n g the provis i o n o f info r mational

m at

eri a l in an a lt ern at iv e f or m at
, wi ll b e prov1ded f or q u al ifi ed in div id u al s wit h d is

a b i l i t ies upon r eq u est. Please ca ll Mr

. Mart in Burkhol d er at (608) 264

- 8855 w i t h s pecific i n formation on you r r eq u est at l eas t 1 0 days b efore t h e da t e o f t he sched

- u l ed hear in g

. Written C om ments an d Cop ie s of Doc u · me n ts Written comments on t h e draft L ead (Pb) I nf

r astructure S I P r eq u es t may b e submit

ted to M r

. Martin Burk h ol d er, Bureau at

, Ai r Management AM I7

, P.O

. Box 7 9 2 1,

Madison

, W I 53 7 07 n o la ter th a n Ju n e 18, 20 1 2

. Comments may also be s u bm i tted
e l ectro n i c a lly t o martln

. burkho ld er@wi s

c o ns l n

. gov

. W n tten c o mments will h ave the same weig h t and e ffect as ora l s t ate

m e nts presented at t he hearing

. The draft L ea d I nf r ast r u ct u re S I P can b e dow n loaded by acc ess i ng http : //dn r.
w i .go v / t opic/ A irQua li ty/Pollut a nts.html then clic k lnQ o n t h e we b page ' s " L ead " tab

. Alte rn ative ly

, a har d copy may b e o b

t a in e d b y co nta c t i ng Mr

. Mart i n B u r kho ld er at 608-264

- 885 5

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, S TA TE OF W I SC ON S I N D E PART M E N T OF NA T U RA L R E S OU R C ES By : / s/ Matt M ar on e y for Ca th y S t e pp , Sec r e t a ry P U B. WS J : Ma y 1 3
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be i ng duly sworn, doth depose and say that he (she) is an authorized representative of Capi tal Newspapers, publi s her s of

Wiscons i n State Journa l

a newspaper, at Madison

, the seat of governm e nt of said State

, and th a t an adv e rtiseme n t of which the a n ne x ed i s a t rue

copy, tak e n from s aid pap e r , was published therein on May 13th

, 2012

(Signed) ( T itle) Principal Cl e rk

Sub s cribed a nd sworn to befor e m e on

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s April 15t h 20 1 5

### Wisconsin Lead (Pb) Infrastructure SIP Elements

1. Section 110(a)(2)(A): Emission limits and other control measures “Each such plan shall [...] include enforceable em ission 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 compli ance, as may be necessary or appropriate to meet the applicable requirements of this chapter.”

The WDNR continues to monitor, update and implem ent revisions to Wisconsin's SIP as emission limits and/or other control measures in order to meet fe deral 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, ai r 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 a source-specific Pb monitoring site located at Kohler Company in Sheboygan County using USEPA appr oved Federal Reference Method (FRM ) or equivalent monitors in accordance with recent revisions to the Pb mon itoring network requirements (Lead Ambient Air Monitoring Requirements, December 14, 2010).

In 2010 and 2011, the WDNR re-eva luated Pb sources that could potentially require monitoring and determined that no additional source-specific mon itors 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 ru ral 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 Ai r 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 th e network plan. In addition, the WDNR actively participated in the development of a five-year regi onal 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 co mes from a variety of sources including from the U.S. EPA under its Section 103 and 105 grant programs su pporting 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 pr ovide for the enforcement of the measures described in subparagraph (A), and regulation of the modificati on and construction of any stationary source within the areas covered by the plan as necessary to assure that national am bient air quality standards are achieved, including a permit program as requi red in parts C and D of this subchapter.”

The WDNR Air Management and Environmental En forcement Programs work together to assure compliance with air program SIP provisions, administ rative code, and permit requirements. Authority to enforce violations and to assess penalties is containe d in ss. 285.83 and 285.87, Wis. Stats. The WDNR follows a stepped enforcement process to address vi olations. 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 Ag reement (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 prosecutio n of violations is also addressed in an Air Management Program Compliance and Enforcemen t Memorandum of Unders tanding (MOU) between U.S. EPA Region 5 and the WDNR Air Management Pr ogram. Consistent with the provisions of this MOU, the two agencies conduct monthly complianc e 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 program s 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 transmitte d a letter to EPA clarifying that the infrastructure SIP before EPA review at that time (with respect to the 1997 ozone and 1997 PM 2.5 

### NAAQS) only included PSD regulations that remained approved after EPA issu ed the PSD SIP narrowing rule. Thus, the greenhouse gas (GHG) PSD permitting requirement in Wisconsin’s in frastructure SIP submittal consisted of only that portion of the PSD SIP program that applies PSD pe rmitting requirements to GHG emissions at or above the tailoring rule thresholds. WDNR made a subseque nt submittal on May 4, 2011, asking that revisions to the State’s PSD program with respect to aligni ng 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): 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.”

### Page 3

In 2010 and 2011, the WDNR re-evaluated all Pb so urces 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 emi ssions well below 0.5 tons per year, contributed less than 50% to the Pb NAAQS, or were permanently clo sed. 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 appr oved by the U.S. EPA on September 19, 2011. Since the only Pb source that requires monitoring (Kohl er Company) is located more than 70 miles from the nearest state border (IL), Wisconsin does not be lieve that any Pb sources in the state contribute significantly to nonattainment in, or interfere with main tenance by, any other state. Furthermore, the U.S. EPA has designated all of Wisconsin as unclassi fiable/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 el ements 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 a nd International transport provisions “Each such plan shall [...] contain adequate provis ions 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 adequa te provisions to insure compliance with Section 126 of the federal Clean Air Act relating to intersta te pollution abatement. Neighboring states and tribes are notified regarding new or modified sources. Add itionally, Section 115 of the Federal Clean Air Act relates to international pollution abatement. Wisc onsin 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, excep t where the Administrator deems inappropriate, the general purpose local govern ment or governments, or a regional agency designated by the state or general purpose local governments fo r 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 implementa tion of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision.”

Funding and personnel for the WDNR is through th e State’s biennial budget process. The WDNR Air Management Program has several funding sources, in cluding program revenue (fees paid by businesses), tax revenue and grants (fe deral 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 extensiv e review by the U.S. EPA. In addition, the WDNR and the U.S. EPA negotiate priorities and grant co mmitments under the EnPPA, which is a two year agreement itemizing performance measure and outcom es 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. Howe ver, there are rules that explicitly address conflict of interest. Of note, Chapter 19 of the Wisconsin St ate Rules, “General Duties of Public Officials” part 46 is the provision that would addr ess 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 ma y 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 repor ts 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 issu ed. 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 substan tially 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 comparabl e 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.

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 avail ability 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 stan dards 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 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 the au thorization, approval of public notice, and final adoption by its Natural Resources Board (NRB) of SIP revisions for air qua lity control programs or measures. The administrative process ensures that potentially impacted public entities are identified and allowed to become engaged in the SIP developmen t 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 govern ments, 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 th rough 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 a nd visibility requirements of this section have been previously addressed in the section addressing 110(a)(2)(C) and sec tion 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 modeli ng as the administrator may prescribe for the purpose of predicting the effect on ambient air qualit y 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 W DNR requires source-specific modeling for PSD-NSR assessment and permitting for the construction of majo r 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 requi red 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 perm it 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 en forcement 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 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 funded by application and review fees that vary based on the type and complexity of the permit. These fees we re 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 are noted in response to Section 110(a)(2)(J) above regarding intergovernmental consultation. In addition, th e 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 stak eholders 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 regulat ory 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 jurisdictio n over environmental matters, a 60 day review period which effectively ensures local entities have been e ngaged in the 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.