WISCONSIN 

DEPT. OF NATURAL RESOURCES 

State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES 

101 S. Webster Street 

Box 7921 

Madison WI 53707-7921 

Scott Walker, Governor 

Cathy Stepp, Secretary 

Telephone 608-266-2621 

FAX 608-267-3579 

TTY Access via relay - 711 

January 24, 2011 

Ms. Susan Hedman 

Regional Administrator - R19J 

USEPA - Region 5 

77 W. Jackson Blvd. 

Chicago IL 60604 

Subject: Wisconsin Infrastructure SIP Components Confirmation 

Dear Ms. Hedman: 

I am writing to confirm that the State of Wisconsin continues to retain the resources and authorities necessary to 

evaluate air ambient air quality, develop plans to attain new and existing ambient air quality standards, meet the 

applicable requirements of the new source review (NSR) program and to effectively enforce all applicable 

requirements. Specifically, the Wisconsin Department of Natural Resources (WI-DNR) has the authority and 

resources to implement and satisfactorily complete the requirements listed below as set forth in Section 110 of the 

Clean Air Act (CAA) for the 1997 and 2006 National Ambient Air Quality Standards (NAAQS), and therefore 

meets the current applicable requirements of Section 110 of the CAA for 8-hour ozone, PM-2.5, and PM-10. 

The State Implementation Plan (SIP) elements listed below are required under Section 110(a). Section 110(a)(1) 

provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists the basic or infrastructure 

elements that all individual SIPs must contain. Following each element is a discussion of WI-DNR's ability to 

fulfill the requirement. In regard to the 8-hour ozone Section 110 infrastructure SIP elements, this transmittal 

confirms those portions of the federally-approved 1-hour air quality state planning provisions noted in 58 FR 

34225 - June 24, 1993. 

EPA guidance on the Section 110(a) infrastructure affirmations and required components (Oct 2, 2007 and Sep 

25, 2009 — William T. Harnett) addresses the following elements at the core of the overall ambient air quality 

management structure: 

1. Emission limits and other control measures 

2. Ambient air quality monitorinWdata system 

3. Program for enforcement of control measures 

4. Interstate [pollutant] transport 

5. Adequate [authority and] resources 

6. Stationary source monitoring system 

7. Emergency power 

8. Future SIP revisions 

9. Consultation with government officials 

10. Public notification 

11. PSD and visibility protection 

12. Air quality modeling/data 

13. Permitting fees 

14. Consultation/participation by affected local entities 
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Required Section 110 SIP Elements (per EPA guidance) 

EPA Guidance: The SIP elements listed below are required under section 110(a)(1) and (2). Section 

110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists the basic or 

"infrastructure" elements that all SIPs must contain. We note that this list in not intended to constitute 

an interpretation of these provisions, or a change of past practice with respect to these provisions, 

merely a brief description of the required elements. 

Wisconsin response: 

Wisconsin Statute Chapter 285 embodies the primary air pollution regulation requirements and authorities of the 

state. Subchapter II of 285, Wis. Stats., delineates the general duties and authorities of the WI-DNR as the 

primary agency for air quality management within the state and as the designated authority to implement the state 

responsibilities of the federal Clean Air Act and associated State Implementation Plans. Prior Wisconsin 

Legislative Fiscal Bureau Reports regarding Wisconsin Air Management Programs notes an ongoing commitment 

of the state within its Air Management Programs to include these fourteen general SIP components. Beyond the 

general authority noted by Ch. 285 Wis. Stats., the individual responses that follow indicate specific authorities 

related to the discrete SIP provisions. 

1. Emission limits and other control measures 

EPA Guidance: Emission limits and other control measures — Section 110(a)(2)(A) requires SIPs to 

include enforceable emission limits and other control measures, means or techniques, schedules for 

compliance and other related matters. EPA notes that the specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to the timing requirements of section 172, not the timing 

requirement of section 110(a)(1), and also that SIPs to meet this section are not covered by the 

Consent Decree. 

Wisconsin response: 

WI-DNR continues to monitor, update and implement necessary and required revisions to Wisconsin's SIP in the 

form of emission limits and other control measures in order to meet federal and state ambient air quality standards 

including 8-hour ozone, PM-2.5 and PM-10. Authority for this effort is established generally for the Bureau of 

Air Management 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. Ambient air quality monitoring/data system 

EPA Guidance : Ambient air quality monitoring/data system — Section 110(a)(2)(B) requires SIPs to 

include provisions to provide for establishment and operation of ambient air quality monitors, collecting 

and analyzing ambient air quality data, and making these data available to EPA upon request. 

Wisconsin response: 

WI-DNR continues to operate an extensive air monitoring network. The data is used after full quality assurance 

to determine compliance with the federal and state NAAQS. Wisconsin's most recently adopted and EPAapproved annual network plan for 2011 was signed and submitted on June 25, 2010. In addition, WI-DNR 

actively participated in the recent development of a five-year regional network assessment for Region 5 states 

dated July 1, 2010. Authority for the monitoring efforts exists under the general WI-DNR air pollution duties in 

s. 285.H, Wis. Stats. Funding for the monitoring network comes from a variety of sources with EPA providing a 

major share under its Section 103 and 105 grant programs supporting federal monitoring requirements specified in 

40 C.F.R Part 58.10. 

3. Program for enforcement of control measures 

EPA Guidance: Program for enforcement of control measures — Section 110(a)(2)(C) requires States to 

include a program providing for enforcement of all SIP measures and the regulation of construction of 

new or modified sources to meet prevention of significant deterioration (PSD) and nonaffainment NSR 

requirements. 
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Wisconsin response: 

The WI-DNR Air Management and Environmental Enforcement Programs work together to assure compliance 

with air program SIP provisions and related administrative code and permit requirements. Authority to enforce 

violations and to assess penalties is contained in ss. 285.83 and 285.87, Wis. Stats. WDNR follows a stepped 

enforcement process to address violations in proportion to their seriousness. The enforcement responses range 

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 for civil or criminal enforcement as appropriate. The EnPPA (Environmental Performance Partnership 

Agreement) between the Air Program and EPA Region 5 addresses implementation of the EPA HPV (High 

Priotity Violation) policy. The process for prosecution of violations is also addressed in an Air Program 

Compliance and Enforcement Memorandum of Understanding betvveen 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. WI-DNR retains the 

authority to develop enforcement mechanisms and supporting fee structures related to the State's prevention of 

significant deterioration (PSD) and nonattainment NSR construction and operating permits programs under s. 

285.11, s. 285.13, s. 285.17, s. 285.19 and ss. 285.60 through 285.69, Wis. Stats. 

4. Interstate [pollutant] transport 

EPA Guidance: Interstate Transport — Section 110(a)(2)(D) requires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one State from contributing significantly to 

nonattainment, or interfering with maintenance, of the NAAQS in another State, or from interfering with 

measures required to prevent significant deterioration of air quality or to protect visibility in another 

state. EPA has already issued CAR to assist States in developing SIPs to meet this requirement for 

purposes of the 8-hour Ozone and PM-2.5 NAAQS, and has issued separate guidance to all states on 

how to comply with each prong of this statutory provision. 

Wisconsin response: 

WI-DNR has adopted and implemented the various major programs related to interstate transport of pollution as 

noted necessary by EPA — most recently in NR 432 for the state portions of the Clean Air Interstate Rule (CAIR). 

The agency developed CAIR implementation programs after 2005 to address interstate transport of ozone and 

PM-2.5 precursors. When EPA finalizes the replacement to the second phase of CAIR, in the form of a final 

CATR regulation, WI-DNR has the authority to develop refined control requirements to address that federal 

program — either adopting the Federal Implementation Plan (FIP) directly or through development of an 

approvable substitute regulation embodying a more unique state program. Wisconsin has entered into agreements 

and working relationships with the surrounding states of Illinois, Indiana, Michigan and Minnesota to address a 

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

required clean air timelines. Together these regulations and cooperative agreements address CAA and EPA 

concerns over the interstate transport of emissions of regulated pollutants. Wisconsin Statutes ss. 285.11, 285.13 

and 285.15 address circumstances where interstate transport reduction agreements between states are needed to 

resolve SIP development of cross-boundary nonattainment areas. 

5. Adequate resources 

EPA Guidance: Adequate resources — Section 110(a)(2)(E) requires States to provide for adequate 

personnel, funding, and legal authority under State law to carry out its SIP, and related issues. 

Wisconsin response: 

The amount of funding and personnel granted to the WI-DNR is handled through the State of Wisconsin's 

biennial budget process. The WI-DNR Air 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 

primary federal grant the WI-DNR Air Program receives is the Section 105 Air Pollution Control Grant. It is an 

annual grant that includes extensive review by EPA prior to award. In addition, the WI-DNR and EPA negotiate 
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priorities and grant commitments under the Environmental Performance Partnership Agreement (EnPPA), which 

is a two year agreement itemizing performance measure and outcomes across the various funding sources and 

grants. The current EnPPA remains in effect until September 30, 2011. Wisconsin's basic air management 

program duties and authorities are ensured under s. 285.11, Wis. Stats. 

6. Stationary source monitoring system 

EPA Guidance: Stationary source monitoring system — Section 110(a)(2)(F) requires States to establish 

a system to monitor emissions from stationary sources and to submit periodic emission reports. 

Wisconsin response: 

WI-DNR requires regulated sources to submit various reports, dependant on applicable requirements and the type 

of permit issued, to the Bureau of Air Management Compliance Team. Reports are prioritized through the Bureau 

Air Leaders structure regarding frequency and relative thoroughness of review. Frequency and requirements for 

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

following a federally mandated Compliance Assurance Monitoring (CAM) reporting structure. Over the last 

several years Wisconsin has crafted a strong and integrated set of net-based monitoring, reporting, permits and 

compliance databases that have substantially strengthened the integrity of each of its component units. Basic 

authority for this effort is provided in s. 285.65, Wis. Stats. 

7. Emergency power 

EPA Guidance: Emergency power— Section 110(a)(2)(G) requires States to provide for authority to 

address activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode provisions in their SIPs. 

Wisconsin response: 

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

This language authorizes the Department to seek immediate injunctive relief in circumstances of substantial 

danger to the environment or to the public health of persons. WI-DNR will further revise the PM-2.5 SIP when 

EPA promulgates Emergency Episode guidance which addresses priority classifications and significant harm 

levels. A recent review of monitoring to date (since the first federal method monitors started functioning in 

Wisconsin) for PM-2.5 has yet to exceed the EPA's current functional emergency episode threshold metric of 140 

ug/m3 over a 24-hr period. 

8. Future SIP revisions 

EPA Guidance: Future SIP revisions — Section 110(a)(2)(H) requires States to have the authority to 

revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining 

the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

Wisconsin response: 

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

necessary to meet ambient air quality standards as they evolve and to respond to any EPA findings of inadequacy 

with the overall Wisconsin SIP and air management programs. 

9. Consultation with government officials 

EPA Guidance: Consultation with govemment officials — Section 110(a)(2)(J) requires States to provide 

a process for consultation with local governments and Federal Land Managers carrying out NAAQS 

implementation requirements pursuant to section 121 relating to consultation. 

Wisconsin response: 

Wisconsin DNR follows a coordinated administrative process in the authorization, approval for notice and 

adoption via its Natural Resources Board in order to move forward all SIP revisions involving implementation 

and control program or control measure adoption. That coordinated development process ensures that other 
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potentially fiscally impacted public entities are identified and allowed to become engaged in the development 

process. The agency pursues formal MOA processes in all conformity and transportation system activities that 

might impact local transportation projects, regional projects and planning, and federal funding sources outside 

EPA. The Bureau of Air Management has effectively used formal stakeholder structures in the development and 

refinement of all major SIP revisions, especially in regard to regional pollutants such as those critical to ozone, 

haze and PM-2.5. Wisconsin actively engaged Federal Land Managers (FLMs) and states with Class I areas 

impacted by Wisconsin source area emissions in regard to regional haze reduction planning. WI-DNR is given 

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

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

with interested persons or groups" during the entire process of SIP revision development and implementation and 

for other elements regarding air management for which the agency is the officially-charged agency. 

10. Public notification 

EPA Guidance: Consultation with government officials — Section 110(a)(2)(J) further requires States to 

notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that 

can be taken to prevent exceedances. 

Wisconsin response: 

WI-DNR maintains an active monitoring netvvork for multiple criteria pollutants (those with NAAQS) and 

routinely forecasts air pollutant concentrations. 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 a simple advisory to alert 

levels actively participating in regional air quality forecasts and EPA's AIRNOW air quality data outreach 

program. WI-DNR maintains an active multi-media outreach effort through a variety of partners to ensure 

adequate public notice and to advise the public on simple means to reduce immediate exposure. 

11. PSD and Visibility protection 

EPA Guidance: PSD and visibility protection — Section 110(a)(2)(J) also requires States to meet 

applicable requirements of Part C related to prevention of significant deterioration and visibility 

protection. 

Wisconsin response: 

WI-DNR is addressing both the ongoing review of new major sources and major modifications under a SIPapproved PSD new source review program and through the development of a 'visibility improvement (haze 

reduction) SIP revision that includes the formal adoption of Wisconsin's BART program into the SIP. PSD is 

generally authorized under s. 285.11, Wis. Stats., with specific performance, emission standards (including for 

BART), permitting and fee structure authorities under ss.285.27 and 285.60-285.69, Wis. Stats. 

12. Air quality modeling data 

EPA Guidance: Air quality modeling/data — Section 110(a)(2)(K) requires that SIPs provide for 

performing air quality modeling for predicting effects on air quality of emissions from any NAAQS 

pollutant and submission of such data to EPA upon request. 

Wisconsin response: 

WI-DNR maintains a capability to perform modeling of the air quality impacts of emissions of all criteria 

pollutants including ozone and PM-2.5 among others and including both source-oriented and more regionally 

directed complex photochemical grid models. WI-DNR works with LADCO, EPA and the other Lake Michigan 

states to perform regional modeling of ozone and PM-2.5 from consistent emissions inventory and meteorology 

platforms in order to support coordinated and non-competing SIP development for Wisconsin and nearby 

nonattainment areas and to address interstate pollutant transport and visibility impact assessments. As required by 

the Clean Air Act, Wisconsin also 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 285.6°- 

285.69, Wis. Stats. 
mcerely 

elby, Jr. — Director 

eau of Air Manageme 

Cc: Sue Bangert AD/8 

Pat Stevens — AD/8 

Cheryl Nevvton USEPA Region 5 

Page 6 

13. Permitting fees 

EPA Guidance: Permitting Fees — Section 110(a)(2)(L) requires SIPs to require each major stationary 

source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a 

permit. 

Wisconsin response: 

Major stationary sources receive permits under the WI-DNR Title 5 and New Source Review (NSR) programs. 

The Title 5 program is funded by emission fees paid by the sources and the level of funding, or fees assessed, are 

included in the State of Wisconsin biennial budget process. The NSR program is funded by permitting 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. 

14. Consultation/participation by affected local entities 

EPA Guidance: Consultation/participation by affected local entities — Section 110(a)(2)(M) requires 

States to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

Wisconsin response: 

In addition to the consultative authorities and responsibilities noted in response to element 9 addressing Section 

(a)(2)(J) regarding intergovernmental consultation, WI-DNR follows formal public hearing processes in the 

development and adoption of all forrnal SIP revisions that entail new or revised control programs or 

strategies/targets. As part of its program development approach, the agency actively engages potentially impacted 

stakeholders and other interested parties including local governmental entities. To ensure this process is active 

and inclusive, the agency 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, and, for any SIP revision not related 

to a single source, 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 Department is obligated to respond to inquiries by the committee Chairs within 15 

days under s. 285.14, Wis. Stats. 

Based on the information noted here, I believe that Wisconsin-DNR meets or exceeds all of the necessary CAA 

Section 110 infrastructure needs in regard to 8-hour ozone, regional haze and particulate matter in the form of 

PM-2.5 and PM-10 and that the authorities in place continue to satisfy those requirements of the CAA. If you 

have any questions, please feel free to contact Joe Hoch, Regional Pollutants and Mobile Sources Section Chief, 

Bureau of Air Management at 608-267-7543 or Joseph.Hoch@Wisconsin.gov .