From: Sponseller, Bart A - DNR [mailto:Bart.Sponseller@wisconsin.gov] 

Sent: Tuesday, August 27, 2013 8:19 AM 

To: Mooney, John 

Cc: Hoch, Joseph A - DNR; Aburano, Douglas; Alvarez, Gilberto 

Subject: Milwaukee-Racine PM2.5 Redesignation Request 

Dear John,

On June 5, 2012, the Wisconsin Department of Natural Resources (WDNR) submitted a redesignation request for the

Milwaukee‐Racine Nonattainment Area.  The WDNR supplemented this submittal with additional information on May 30,

2013.  A contingency plan would be implemented if the area measures a future design value above the 2006 fine

particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) after redesignation to attainment.  This is

referred to as the “triggering event.”  The contingency plan is described in Section 7.4 of the redesignation request.  Part

of the plan is as follows:

Evaluation of Additional Control Measures – If it is demonstrated through modeling that existing and on‐the‐way

measures are inadequate to return the area to attainment, the WDNR will identify candidate additional control

measures as necessary to return the area to attainment within 18 months. The selection of candidate measures

will be based upon cost‐effectiveness, emission reduction potential, economic and social considerations and other

appropriate factors. Before proposing any specific candidate control measures, WDNR will solicit input from all

interested and affected parties.

The purpose of this email is to provide additional clarification regarding contingency measures. WDNR confirms that in

accordance with Section 175A of the Clean Air Act, Wisconsin commits to have additional control measures, if shown to

be necessary, adopted and implemented within 18 months of the triggering event.  The WDNR would accomplish this

through concurrent emergency and permanent rulemaking requirements in accordance with Wisconsin state law.  Any

additional emission control measures would result in reductions in excess of those included in the 2020 and 2025

maintenance year emission inventories presented in the redesignation request.  The following is an example schedule for

implementation of the contingency plan through rulemaking for reference and illustration purposes only:

 May 31, 2016:  Triggering event occurs based on fully quality‐assured, certified data (i.e., PM2.5monitor in the

former nonattainment area exceeds the NAAQS based on 2013 – 2015 data).  The WDNR initiates emergency and

permanent rulemaking.

 February 29, 2017:  WDNR completes emergency rulemaking process and schedules the emergency rule to

become effective in 9 months.

 November 30, 2017:  Emergency rule becomes effective and is implemented.  In accordance with Wisconsin state

law, the maximum time an emergency rule can be effective and implemented is for 9 months.

 August 31, 2018:  The WDNR completes permanent rulemaking process with an immediate effective date to avoid

any gap in the contingency regulation(s).  The emergency rule expires.

In order to ensure contingency measures are implemented within 18 months of the triggering event, as shown in the

example schedule, the WDNR commits to implementing the “Evaluation of Adequacy of Existing Control Measures”

analysis, as described in Section 7.4 of the redesignation request, if a two‐year average of annual 98th percentile PM2.5

concentrations at a monitoring site in the former nonattainment area are above the 2006 PM2.5NAAQS.  The WDNR

commits to completing the analysis by the conclusion of the third year.

Thank you,

Bart Sponseller 

Director, Bureau of Air Management 

Wisconsin Department of Natural Resources

() phone: (608) 264-8537 

() fax: (608) 267-0560 

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