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OAR Box 1778 

Prepped by Ollie Stewart 

Document Number: 

87) ll-C-29 

Docket Number: 

A-90-06 

Printed 10/28/2008 9:50:55 AM Sheet 87 of 276 
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II-C-29 

r' af% \ UNITM> STATES ENVIRONMENTAL PROTECTION AGENCY 

__w-— e REGIONS 

2M SOUTH DEARBORN ST. 

CHICAGO, ILLINOIS 69694 

•-. - •* * 

0 g APR 1981 . !^7r^Tl^^eNT,"

0'• 

CERTIFIED MAIL RETURN W^^^ , W 

RECEIPT REQUESTED ^* > tt, \ \ 7 \# * V : 

A\\\ JW * 

Carroll D. Besadny, Secretary \''"\ ^-<r 

p!o!°toin7Sl?artment of Natural Resources \ %&£&lJ'' 

Nad 1 son, Wisconsin 53707 U-^ * 

Oear Mr. Besadny: 

and enforce the Federal New Source ParfonnJnJ. lllLl°

 M1?cons1 n

 to Implement 

National Emission Standards fo? 5azardo°s A?5 pfiilSl ? !LP S) an d th « *d«*-«l 

requested that It be delegated only enS?neeHnn ] L f^ ? iNESHAPS). The State 

b Htles for NSPS and NESHAPS uJt f Xwation ? I* 1"

1

""" " responslWlsconsln's Administrative r..i-l TU regulations are Incorporated In 

NSPS and NEs K and a V?ev JJns Jj j 222 . s

n c ]uda V " *turt promulgated 

and NESHAPS. This letter reveth e sStSJ J 77 , 2 "J"?

 an d futur e NSPS 

Including a Hst of NSPS and NESHAPS sectl^swhLh J^Vf'-Wlo n letter by 

State because they Involve regulation llttZl UJ C!

 Ca??ot be d«1«9«ted to the 

notification in the Federal RlaUt.r ~" , n 9 an a amen<""9 actions that require 

^f^ ^ regulations of the 

for th, WmmUtU n an d .JSSIS ? of the NSPS andh!

S

rci:D;

d€quat8 pro * TM 

accordance with Clean A1r Act sict w , i L „2? NESHAPS. Therefore, 1a 

*P.c1f1c ttn . and conditions sit for h be o'i TJullll J n d ! ubJec t t 0 thi 

authority to tha State of WlsconM ll . * + USE W here °y d«l«gates 

NESHAPS « follows:

 wl8C0n*-"" to Implement and enforce the NSPS and 

A

* ftSSK s^jecl ffSr'iig^r.S ^ 1oc " « d '" tit- "at e of 

<M*»t1*ii includedal^ future sJandlJds^ninJ?

 C ! V ar< : 60 ' TM J 

P*»tttants and source CISSH J II ! I??

 ppo ?u 9ate d fo r

 additional 

existing and future JtSdIS I TIIMi " TMUion* *«<* amendments to 

future Standardrev?o^^J^ 1!?^ 1"**" *

 t o e"'°«"" 

date that such standards^^o^^^rprrlJanl t^^li;9 * * 

g0'd SBt*-6 988 STS bd3 S NHTP^ nnHlTu-> 
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B. Authority for all sources located or to be located 1n the State of Wisconsin 

subject to the NESHAPS promulgated In 40 CFR Part 61, except Subparts B, H, 

I and K related to radionuclides.- This delegation Includes all future 

standards promulgated for additional pollutants and source categories and 

all revisions and amendments to existing and future standards. The delegation 

of authority to enforce future standards, revisions, amendments will be 

effective as of the date that such standards become applicable, pursuant to 

State law. 

C. This delegation of authority for NSPS and NESHAPS supersedes the previous 

statewide delegations of September 28, 1976, and September 27', 1983, and 1s 

subject to the following terms and conditions. 

1. Upon approval of the Regional Administrator of Region V, the Secretary 

of the Wisconsin Department of Natural Resources (WDNR) may subdelegate 

this authority to Implement and enforce the NSPS and NESHAPS to other 

air pollution control authorities 1n the State when such authorities 

have demonstrated that they have equivalent or more stringent programs 

1n force. 

2. The State of Wisconsin will at no time grant a waiver of compliance 

with NSPS or NESHAPS, except a provided for In 40 CFR 61.11. The 

State of Wisconsin may grant variances from State standards which are 

more stringent than the NSPS or NESHAPS, so long as the variances do 

not prevent compliance with the NSPS or NESHAPS. 

3. The feitn] regulations 1n 40 CFR Parts 60 and 61, as amended, do not 

have provisions for granting waivers by class of testing requirements 

or variances; hence this delegation does not convey to the State of 

Wisconsin authority to grant waivers by class of testing requirements 

or variances from NSPS or NESHAPS regulations. For NSPS and NESHAPS 

sources, Wisconsin may waive a performance test or specify the use of J 

reference method with minor changes 1n methodology under 40 CFR 60.8(b) 

on a case-by-case basis, and with respect to 40 CFR 61.14 may on a 

case-by-case basis approve minor modifications to sampling procedures 

or equipment that affect single sources; however, the State must inform 

USEPA of such actions within 30 days. 

4. For-NSPS and NESHAPS sources, the State of Wisconsin will utilize the 

methods specified In appendices and Subparts of 40 CFR Parts 60 6nd fi! 

in performing source tests pursuant to the regulations. 
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5. For NSPS and NESHAPS pollutants and source categories and for amendments 

to existing NSPS and NESHAPS for which the State of Wisconsin has not 

promulgated regulations or amendments, the State will exercise a partial 

delegation by performing the administrative and engineering responsibilities 

with respect to plan review, notifications and recordkeeping, and performance 

testing. The partial delegation does not Include applicability determinations 

or enforcement actions. The administrative and engineering responsibilities 

shall continue until such time as the State promulgates appropriate regulations 

or amendments, at which time the State 1s given fully delegated responsibility 

as cited in item 6 of the terms and conditions. 

6. Enforcement of NSPS and NESHAPS in the State of Wisconsin will be the primary 

responsibility of the State of Wisconsin for those standards for which the 

State has promulgated appropriate regulations and for which the State has 

notified the Regional Administrator. Enforcement shall be consistent with 

USEPA's "Timely and Appropriate" guidance. If, after appropriate discussion 

with the WONR, the Regional Administrator determines that a State procedure 

for implementing and enforcing the NSPS or NESHAPS 1s not 1n compliance with 

Federal regulations (40 CFR Parts 60 or 61), or is not being effectively 

carried out, this delegation will be revoked 1n whole or 1n part. Any such 

revocation shall be effective as of the date specified in a Notice of 

Revocation to the Secretary of the WDNR. 

7. The WDNR and the USEPA Region V will develop a system of communication for 

the purpose of insuring that each office 1s Informed on: (a) the current 

compliance status of subject sources in the State of Wisconsin; (b) the 

interpretation of application regulations; (c) the description of sources 

and source inventory data; and (d) the decisions the State makes where the 

State is delegated certain discretionary authority 1n the following sections: 

40 CFR 60.8(b)(4), 40 CFR 60.8(c), 40 CFR 60.46(b), 40 CFR 60.46(d), and 

40 CFR 61.154(b). Except for the provisions of 40 CFR 61.146 concerning 

asbestos demolition and renovation, the reporting and notification provisions 

1n 40 CFR Parts 60 and 61 requiring Industry to make submissions to the 

USEPA are met by sending such submissions to the WDNR. The WONR will make 

available this information to the USEPA on a case-by-case basis. Information 

required by 40 CFR 61.146 must be submitted to both USEPA and WDNR. 

WDNR's annua! report, submitted to USEPA pursuant to 40 CFR Part 51, will 

include Information relating to the status of sources subject to 40 CFR 

Parts 60 and 61. Such Information w11l Include the name, address, type 

and size of each facility, date facility commenced operation, date of most 

recent stack test, compliance status of facility, enforcement actions 

initiated, surveillance action undertaken for each facility, and results of 

reports relating to emissions data. 
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8. Prior USEPA concurrence 1s to be obtained on any matter Involving the 

interpretation of Sections 111 or 112 of the Clean A1r Act or 40 CFR 

Parts 60 and 61 to the extent that Implementation, administration, or enforcement of these sections have not been covered by determinations or guidance 

sent to the WONR. All applicability determinations, Including those submitted 

under 40 CFR 60.5 and 61.06, which have not been specifically treated in the 

Compendium of Applicability Determinations Issued by USEPA are reserved for 

USEPA. 

9. If the State of Wisconsin determines that a violation of a delegated NSPS or 

NESHAPS exists, the WDNR shall, within 30 days of detection of the violation, 

notify USEPA, Region V of the nature of the violations, together with a brief 

description of the State's efforts or strategy to secure compliance. With 

respect to those NSPS and NESHAPS for which the State has only administrative 

and engineering responsibilities and during the time which the State has 

only administrative and engineering responsibility, any violations which 

are detected will be immediately referred to USEPA Region v. This delegation 

In no way limits the Administrator's concurrent enforcement authority as 

provided 1n Sections 111(c)(2) and 112(d)(2) of the Clean Air Act. 

10. In addition to any future provision which may be cited 1n forthcoming NSPS 

and NESHAPS which cannot be delegated, the Administrator retains authority 

for the regulations setting and amending aspects of: (1) those sections of 

the NSPS and NESHAPS listed in Appendix A and Appendix B, respectively; (2) 

approval of equivalency for design, equipment, work practice, operational 

standard or combinations thereof, pursuant to Section 111(h) or Section 112(e) 

of the Clean A1r Act; and (3) the granting of an innovative technology 

waiver, pursuant to Section lll(j) of the Clean A1r Act. The State 1s 

delegated the authority for Implementing such decisions made by the 

Administrator. 

A notice announcing this delegation wiil be published 1n the Federal Register 

1n tha near future. This delegation becomes effective as of the date or this 

letter and, unless the USEPA receives written notice from the WDNR of objections 

within io days of tha receipt of this letter, it will ba deemed that tha State 

has accepted all the terms and conditions of this delegation. 

We trusf'that this amended delegation will provide for a more efficient NSPS 

and NESHAPS enforcement program in Wisconsin. 

Sincerely yiurtt 

Wafl 

Val das V. Adamk/s 

Regional Administrator 
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A. 

90"d IbiOi 

Appendix A June 1986 

The following sections of the NSPS are not, delegated by the USEPA to the 

State for Implementation and enforcanent. These sections either require 

rulemaking 1n the Federal Register or require Federal overview 1n order 

to ensure national consistency. 

1 . Subpart A 5. Subpart DD 9, Subpart GGG 

60.8(b)(2) 60.302(d)(3) 60.592(c) 

60.8(b)(3) 

60.11(e) 6. Subpart GG 10. Subpart JJJ 

60.332(a)(3) 60.623 

2. Subpart Oa 60.335(a)(1)(1 f) 

60.45a 

7. Subpart VV 

3. Subpart Ka 60.482-1 (c)(2) 

60.114a 60.484 

8. Subpart WW 

4. Subpart S 60.493(b)(2)(i)(A)* 

60.195(b) 60.496(a)(1) 

* For last sentence only concerning values of Se and Sh 

Appendix B June 1986 

The following sections of the NESHAPS are not delegated by the USEPA 

to the State for implementation and enforcanent. These sections either 

require rulemaking 1n the Federal Register or require Federal overview 

1n order to ensure national consistency. 

1 . Subpart A 3. Subpart N 5. Subpart V 

61.04(b) 61.164(a)(2) 61.242-1 (c)(2) 

61.12(d)(1) 61.164(a)(3) 61.244 

61.13(h)(1)(H) 

4. Subpart 0 

2. Subpart E 61.172(b)(2)(11)(B) 

6l.53(c>f$* a.l72(b)(2)(11)(C) 

"& 61.174 a)(2 

3. Subpart .T* 61.174(a)(3) 

6l.ll2(cr 

* Restricted delegation applies only to development of 11st.