State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES 

101 S. Wobstoo· Street 

Box 792"1 

Madison WI 53707-7921 

July 2, 20 IS 

Ms. Susan Hedman 

USEPA-Regionv V (R-I9J) 

77 West Jackson Bouleva1·d 

Chicago IL 60604-3507 

Scott Walker, Governor 

Cathy Stepp, Secretary 

Telephone 608·266-2621 

Toll Free 1-888-936-7463 

TTY Access via relay • 711 

Subject: Wisconsin SIP Revision-Section 128 SIP Submittal 

Dear Ms. Hedman: 

U nder CAA Sections II O(a)(l ), II O(a)(2),and II O(a)(2)(E) each state is required to submit a SIP that provides for 

the implementation, maintenance, and enforcement of each primary or secondary national ambient air quality 

standard (NAAQS). Section 110(a)(2)(E) references Section 128 of the CAA which addresses requirements of 

state boards, such as the Wisconsin Natural Resources Board (NRB), that must be met to satisfy the infrastructure 

SIP requirements of 110(a)(2)(E). A new SIP submission is required within three years after promulgation of a 

new or revised NAAQS and is commonly referred to as an "infl·astructu1·e SIP''. Wisconsin submitted 

infrastructure SIPs on the listed dates for the following NAAQS: 

• 2008 Lead- July 26, 2012 

• 2010 N02- June 20,2013 

• 1997 Ozone- Dec.l2, 2007, supplemented on Jan. 24,2011 and March 28,2011 

• 2008 Ozone-June 20, 2013 

• 1997 PM25- Dec. 12,2007, supplemented on Jan. 24,2011 and March 28,2011 

• 2006 PM2.5-Jan. 24,2011, supplemented on Ma1·ch 28,2011 and June 29,2011 

• 2010S02-June 20, 2013 

The purpose of an infrastructlll·e SIP is to assure that Wisconsin's SIP contains the necessary sto·uctural 

requirements for the new or revised NAAQS, by either establishing that the SIP already contains the necessary 

provisions or by making a substantive SIP revision to update the SIP, or both. 

As part of the federal approval process for the seven infrastructure SIPs listed above, EPA identified that 

Wisconsin must still address Section 128 of the CAA regarding state board requirements applicable to the NRB 

under CAA section II O(a)(2)(E). There are three requirements for Section 128 in the CAA: 

I. Any board or body which approves permits or enforcement orders under this chapter shall have at least a 

majority of members who represent the public interest and 

2. Do not derive any significant portion of their income from persons subject to permits and enforcement 

orders under this chapter, and 

3. Any potential conflicts of interest by members of such board or body or the head of an executive agency 

with similar powers be adequately disclosed. 

DNR believes the following existing state statutes address these Section 128 requirements: 

• Section 15.05, Wis. Slats., vests the administrative powers and duties of the DNR in the secretary, 

including issuance of air permits or enforcement orders. The NRB 's functions are purely regulatory, 

dnr.wi.gov 

wisconsin.gov Naturally WISCONSIN 
advisory, and policy-making. The NRB neve1· approves, and cannot approve, enforcement orders or 

permits under the statutes that govern its operations. 

Page 2 

• Secti011 19.45(2), Wis. Stats, prevents financial gain of a public official which addresses the issue of 

obtaining a significant p01iion of income from persons subject to permits and enforcement orders. In 

addition, Section 19.46, Wis. Stats, prevents n public official fl·om taking actions where there is a conflict 

of interest. The Secretary of the DNR is a public official subject to these ethical obligations U!lder ch. 19, 

Wis. Slats. 

DNR held a public hearing on these statutes meeting the Sectionl28 requirements on June 9, 2015. DNR did not 

t·eceive any oral or written comments during the public hearing ot· written comments during the 30 day public 

comment period that ended on June I I, 20 15. 

DN R is th€refore mqucsting that EPA approve Sections 15 .05, 19.45(2), and 19.46, Wis. Stats into the Wisconsin 

SIP to meet EPA's infrastructure SIP requirements under Section 128 of the CAA. 

We appreciate the assistance of your staff in completing these SIP requh·ements. Please contact Ralph Patterson 

at 608-267-7546 if you have any questions. 

Sincerely, 

Bart Sponseller, 

Deputy Division Administratot· 

Air, Waste and Remediation & Redevelopment Division 

cc: Kendra Fisher -LC/5 

David Bizot- AM/7 

Doug Aburano, US EPA- Region V (AR-18J), 77 West Jackson Boulevard, Chicago, IL 60604-3507 

Attachments: 

• Sections 15.05, 19.45(2), and 19.46, Wis. Stats 

• Public Hearing Notice 

• Class I Public Hearing Notice Tear Sheet 

• Public Hearing Comment Summary 
Section 15.05 Wisconsin Statutes 

Section 19.45(2) Wisconsin Statutes 

Section 19.46 Wisconsin Statutes 
State of Wiscoml!in r'OUlHr�PONnTrl\lf'll'/Mll'MOR A NniTM ---------- -.;.

.;.

.;.

_ 

DATE: July 2, 2015 

TO: Files 

FROM: Ralph Patterson 

SUBJECT: SIP Legal Authority 

The WDNR has the legal authority under Wisconsin law to adopt and implement requested SIP t·ovisions. 

Section 285. II (6), Wis. !Hats, authoriz�s the WDNR to develop and revise the SIP fot• Jll'evention, 

abatement, and control of air pollution. 

(6) Prepare and der�lop one or more comprehensire plam for the preYention, abatement ;L.'J.d control of�ir pollution in this state. The- depamnent U1ereafter shall be res(X}nslble (or the- rerisiou 

aud inlplementalion of the ptant The rules or control strategies �ubmiWJ:d to> the ftde:ral enrirorun�ntal protection agency tmder the 1'¢dera1 ch!an air act !Or l!ontrol of atmoapheri<' ozol!eshall conform wiUt the federal dean air act uule$s, bil3ed on tl1e recomme!lda!ion of the nal\lral mour�e; board or the head of the d�partmem, as defined in s. 15.01 {8), of any other 

d�partment, as defined in s. 15 0 l (5 ), tl1at promulgates a rule or estabh�he� a control strategy, tbe go\'emor detwnines that measures beyond those required by the federal clean air act 

meet any of the fol!o\\ing qiteria: 

(a) The mea5ures ar� part of:m intmtate ozone control stratezy implelll!lllatiun agteenwnt under s. 285. l) signed by the- gorernor ofthl� Mate aud of the state ofiiimois. 

(b) Tilt mea$llfC3 are ne;:eH;uy in or de� to comply wlth th� pefC�I\t:Jg� reduetion'l spedtkd in ·I� U5C 751la (i)) (I) (A) or (c) {2) (B). 

CrQIH�fmnw s.� �h-) �k �:�.l�S •nd ��"· Wu ad!ll.C�� 

l'rinh-'<1 olll 

R�cy�kd 

POJ1\1r 
BEFORE THE 

DEPARTMENT OF NATURAL RESOURCES 

NOTICE OF PUBLIC HEARING 

Provisions Pertaining to Section 128 of the Federal Clean Air Act 

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.16, 227.17, and 285.11, Wis. 

Stats., the Department of Natural Resources, hereinafter the Department, will hold a 

public hearing to complete federal Clean Air Act requirements for the lead, ozone, 

nitrous oxide, and sulfur dioxide infrastructure state implementation plans (SIPS). 

NOTICE IS FURTHER GIVEN that the SIP developed under s. 285.11(6), Stats., will 

be revised. The Department will also be accepting comment at this hearing on the 

submittal to the U. S. Environmental Protection Agency of existing administrative rules 

and statutes addressing provisions of Section 128 of the Clean Air Act. as part of a 

revision to Wisconsin’s SIP. 

Date, Time and Location 

June 9, 2015 1:00 pm 

Natural Resources State Office Building, Room 713 

101 South Webster Street, 

Madison, WI 53707 

Reasonable accommodations or informational material in an alternative format will be 

provided for qualified individuals with disabilities upon request. To do so, make a request 

to Ralph Patterson using the contact information below. A request must include specific 

information and be received at least 10 days before the date of the scheduled hearing. 

Availability of the Proposed SIP Documents 

The Department intends to supply information on one administrative code and two 

statutes to address EPA issues concerning section 128 of the Clean Air Act. The 

administrative code and statutes can be obtained from the Wisconsin State Legislature 

web site: 

 s.15.05, Wis. Stats. 

 http://docs.legis.wisconsin.gov/statutes/statutes/15.pdf 

 s 19.45(2), Wis. Stats. 

https://docs.legis.wisconsin.gov/statutes/statutes/19/III/45/2?view=section

 s. 19.46 , Wis. Stats. 

https://docs.legis.wisconsin.gov/statutes/statutes/19/III/46?view=section

Background 

Under CAA Sections 110(a)(1) ,110(a)(2),and 110(a)(2)(E) each state is required to 

submit a SIP that provides for the implementation, maintenance, and enforcement of each 
primary or secondary national ambient air quality standard (NAAQS). Section 

110(a)(2)(E) references Section 128 of the CAA which addresses requirements of state 

boards, such as the Natural Resources Board (NRB), that must be met to satisfy the 

infrastructure SIP requirements of 110(a)(2)(E). A new SIP submission is required within 

three years after promulgation of a new or revised NAAQS and is commonly referred to 

as an “infrastructure SIP”. Wisconsin submitted infrastructure SIPs on the listed dates for 

the following NAAQS: 

 2008 Lead – July 26, 2012 

 2010 NO2 – June 20, 2013 

 1997 Ozone – Dec. 12, 2007, supplemented on Jan. 24, 2011 and March 28, 2011 

 2008 Ozone – June 20, 2013 

 1997 PM2.5 – Dec. 12, 2007, supplemented on Jan. 24, 2011 and March 28, 2011 

 2006 PM2.5 – Jan. 24, 2011, supplemented on March 28, 2011 and June 29, 2011 

2010 SO2 – June 20, 2013 

The purpose of an infrastructure SIP is to assure that Wisconsin’s SIP contains the 

necessary structural requirements for the new or revised NAAQS, by either establishing 

that the SIP already contains the necessary provisions or by making a substantive SIP 

revision to update SIP, or both. 

As part of the approval for the seven infrastructure SIPs identified above, EPA identified 

that Wisconsin must still address Section 128 of the CAA regarding state board 

requirements applicable to the Natural Resources Board under CAA Section 

110(a)(2)(E). There are three requirements for Section 128 in the CAA: 

1. Any board or body which approves permits or enforcement orders under this 

chapter shall have at least a majority of members who represent the public interest 

and 

2. Do not derive any significant portion of their income from persons subject to 

permits and enforcement orders under this chapter, and 

3. Any potential conflicts of interest by members of such board or body or the head 

of an executive agency with similar powers be adequately disclosed. 

DNR believes the following existing state statutes address these Section 128 

requirements: 

 Section 15.05, Wis. Stats., vests the administrative powers and duties of the DNR 

in the secretary, including issuance of air permits or enforcement orders. The 

NRB’s functions are purely regulatory, advisory, and policy-making. The NRB 

never approves, and cannot approve, enforcement orders or permits under the 

statutes that govern its operations. 

 Section 19.45(2), Wis. Stats, prevents financial gain of a public official which 

addresses the issue of obtaining a significant portion of income from persons 

subject to permits and enforcement orders. In addition, Section 19.46, Wis. Stats, 

prevents a public official from taking actions where there is a conflict of interest. 

The Secretary of the DNR is a public official subject to these ethical obligations 

under ch. 19, Wis. Stats. 
DNR is therefore proposing to include Section 15.05, 19.45(2), and 19.46, Wis. Stats into 

its SIP to meet EPA’s infrastructure SIP requirements. 

Action Subject to Comment 

The Department is soliciting comment on addressing the CAA section 128 requirements. 

Agency Contact and Submitting Comment 

Comments on the proposed SIP submittal should be received on or before June 11, 2015. 

Written comments may be submitted by U.S. mail, fax, or email and will have the same 

weight and effect as oral statements presented at the public hearing. Questions or 

requests related to the hearing an written comments or questions on the proposed SIP 

submittal should be submitted to: Ralph Patterson, Department of Natural Resources, 

Bureau of Air Management (AM/7), 101 S. Webster St., Madison, WI 53707 Phone: 

(608)267-7546 Fax: (608) 267-0560 E-mail: Ralph.Patterson@Wisconsin.gov 

Dated at Madison, Wisconsin _______________________ 

STATE OF WISCONSIN 

DEPARTMENT OF NATURAL RESOURCES 

By ______________________________ 

 Cathy Stepp, Secretary 
Capital Newspapers Proof of Publication Affidavit 

Ad#: 2317671 Price: $160.25 Ad ID: AMLL-1281 

Retain this portion for your records. 

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

Mail to: 

DEPT OF NATURAL RESOURCES 

tSHARON REEVE 

P.O. Box 7921, AM/7 

'MADISON, WI 53707-7921 

STATE OF WISCONSIN 

ss. 

ARLENE STAFF 

5,2015 

rna I 

·ernment of said State, 

e annexed is a true 

blished therein on 

re me on 

�� 

ne County, Wisconsin 

. WSJ; May 9, 2015 

....,7555 WNAXLP 'sf:, 2017 
State of Wisconsin 

I'OlH�PONfllfNI'Ti'/MlfMOR A NflTTM --

DATE: July 2, 2015 

TO: File fvfJ FROM: Ralph Patterson 

SUBJECT: Section 128 Public Hearing and Comment Period 

The public hearing notice for the Section 128 public hearing was published in the Wisconsin State 

Journal on May 9, 2015. The public helJring notice announced a public hearing to be held on June 9, 

2015 in the DNR Building located at 101 S. Webster St. in Madison, WI at 1 p.m. DNR would accept 

either written or oral comments during the public hearing. The associated written comment period ended 

on June 11,2015. 

June 9, 2015 Public Hearing Summary 

Hearing Officer: Mike Friedlander- DNR 

Attendees : Ralph Patterson - DNR 

Mike and Ralph read the public hearing notice into the public hearing record. Mike noted a typographical 

error in the public hearing notice. The phrase "nitrous oxide" should have been "nitrogen dioxide". No 

written or oml comments were received. 

June 11, 2015- End of 30 day public comment period 

No comments were received during the public comment period. 

�, �--. 

Prim,,d •'11 

lk�y�kd 

1'1•p�r 
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

1

eSIPS (electronic State Implementation Plan Submission) Summary Report

Note: This report is a summary of your submission to the electronic SIP (eSIPS) system and is not to be used as the official

record for your SIP submission.

Date of Report 07/02/2015 14:15:39

Form Status Complete

eSIP SUBMISSION INFORMATION

Submission Title Wi128.07/02/2015

Pollutants Affected Pb (2008), NO2 (2010), Ozone (1 hr 1979), Ozone (8 hr 2008),

PM2.5 (1997 Annual), PM2.5 (2006 24 hour), PM2.5 (2006 24

hour), SO2 (2010)

Submittal Category/Categories ISIP - Infrastructure SIP - The plan which addresses any of the

infrastructure elements and any related regulations submitted to

satisfy the requirements of that specific NAAQS

Other Submittal Category

Submittal Category Description

Geographic Area Affected Statewide

Are you requesting parallel processing for this SIP

Revision?

No

eSIP PARALLEL PROCESSING

Not applicable

eSIP ADMINISTRATIVE EVIDENCE COMPLETENESS

CHECKLIST

 1. Submittal letter from Governor or designee requesting approval of the plan or revision.

 2. Evidence of adoption.

Date adopted 6/20/2013

Date effective 6/20/2013

 3. Evidence of legal authority to adopt and implement revision.

 3(a). Copy of final adopted plan and/or rule.

 3(b). Indication of changes to existing plan and/or rule if applicable.

 4. Evidence that state followed procedural requirements for adoption/issuance of plan.

 4(a). Evidence of public notice.

Date Public Notice Provided 5/18/2015
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

2

5. Was a public hearing requested and/or held? Yes

5(a). Date of first public hearing. 6/9/2015

Date of second public hearing

Date of third public hearing

 5(b). Evidence that public hearing was held.

6. Were public comments received? No

 6(a). Compilation of public comments and state responses or declaration that no comments were received.

eSIP ADMINISTRATIVE EVIDENCE – SUPPORTING

DOCUMENTATION

Attachment File Description

PublicHearingTearSheet.pdf Class1 Public Hearing Notice

Section 110(a)(2)(E) also known as Section 128 (RCP

04162015) dab.pdf Public Haring Notice

Statutes.pdf Inclusion Statutes for SIP

LegalAuthority.pdf Legal Authority

PublicHearingComments.pdf Public Comment Summary

TransmittalLetter.pdf Transmittal letter

Additional Information regarding this submittal:

Please enter any additional information regarding this

submittal.

The statutes referenced already exist.

eSIP TECHNICAL SUPPORT DOCUMENT INFORMATION – AS

APPLICABLE

Are there Technical Support Documents included in this

submittal?

No

The Technical Support Document should contain the following (if applicable):

 List of Pollutants affected by plan

 Location of sources affected by plan

 Quantification of allowable emissions

 Demonstrate change meets NAAQS, PSD, RFP and/or visibility requirements

 Modeling information supporting the revision

 Evidence reductions are based on continuous emissions reduction technology

 Emission limits, work practices, record keeping, etc.

 Compliance with enforcement strategies

 Special economic and technological justifications per applicable EPA policies
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

3

 Other

Please describe all other Technical Support

Documents

eSIP TECHNICAL SUPPORT – ADDITIONAL

DOCUMENTATION

Attachment File Description

This SIP submission includes additional documentation

(e.g., large modeling files) that is not submitted through

this electronic system?

No

This information will be provided to EPA via: