State of Wisconsin I DEPARTMENT OF NATURAL RESOURCES

101 S. Webster St.

Jim Doyle, Governor Box 7921

Matthew J. Frank, Secretary Madison, Wisconsin 53707-7921

Telephone 608-266-2621

FAX 608-267-3579

TTY Access via relay - 711

September 11, 2009

Mr. Bharat Mathur, Acting Region V Administrator

USEPA-Region V (R-19J)

77 West Jackson Boulevard

Chicago, IL 60604-3608

Subject: Revisions to Wisconsin Administrative Code for ambient air quality standards for fine

particulates

Dear Mr. Mathur:

The Wisconsin Department of Natural Resources (WDNR) is submitting a revision to its state

implementation plan (SIP) regarding its ambient air quality standards for fine particulates, per chs. NR 404

and 484, Wis. Adm. Code. These revisions were authorized as part of Natural Resources Board Order

Number AM-23-07a.

The rule changes were promulgated so that Wisconsin's ambient air quality standards for fine particulates

would conform to current federal ambient air quality standards for the same criteria air pollutants. These two

pollutants are airborne particulate matter with a diameter of less than 10 microns (i.e., PM10) and airborne

particulate matter with a diameter of less than 2.5 microns (i.e., PM2.5).

The Department is required under s . 285.2 1 ( 1)(a), Stats., to promulgate by rule ambient air quality

standards similar to, but not more restrictive than the national ambient air quality standards (NAAQS).

The Department is also authorized under s . 285.11(6), Stats., to promulgate rules in order to prepare and

implement the State Implementation Plan for the prevention , abatement and control of air pollution in the

state.

The revision to applicable sections of chs. NR 404 and 484, Wis. Adm. Code, will become effective on

October 1, 2009. We are now submitting this action as a formal SIP revision by this letter and its

attachments. The USEPA-Region V checklist and the hearing documentation is included as attachments

to this letter.

If you have any questions regarding this SIP revision submittal, please call either Ralph Patterson (608-

267-7546) or Larry Bruss (608-267-7543) of my staff.

www.dnr. state.wi.us Quality Natural Resources Management

www.wisconsin.gov Through Excellent Customer Service Printed on

Recycled

Paner
cc: Mr. John Mooney - USEPA-Region V (A-1 8J), 77 West Jackson Boulevard, Chicago, IL 60604

Margaret Hoefer - LS/8

Ralph Patterson - AM/7

Larry Bruss - AM/7
Attachments

SIP Checklist for Natural Resources Board Order AM-23-07a. Individual information for this rule

package is also provided:

• Natural Resources Board Adoption Green Sheet

• Rule Order

• Background memo (including public comments and WDNR responses to them)

• SIP Revision Certification

• Public hearing notice

• Newspaper proof of public hearing

• chs. NR 404 and NR 484, Wis. Adm. Code
EPA Region V 

Wisconsin SIP Submittal 

Completeness Review

Submittal Letter 

1. Signed by Governor’s Designee (John Melby, Jr.)? Yes _X_ No ___ 

2. Date of Submittal _September 11, 2009_ 

3. WDNR Person in charge of SIP submittal. 

Name _Ralph Patterson__ Telephone _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 _Larry Bruss_ Telephone _608-267-7543_ 

 FAX Number _608-267-0560 

E-MAIL Address_ Larry.Bruss@Wisconsin.gov 

Incorporation Into Wisconsin Administrative Code

5. Is evidence that the State incorporated the revision into the Wisconsin Administrative Code 

supplied in this SIP package? 

 Yes _X_ 

 No__ if No explain. 

6. The effective date of the regulation is or was _October 1, 2009_ 

7. Are test methods/rules incorporated by reference correctly? (Has approval been obtained from the 

state Attorney General 

 Yes_X_ 

 No_______ 

 Not applicable _______ 

 For No and Not applicable explain answer. 

8. Has WDNR provided evidence that it has necessary legal authority under State law to adopt and 

implement the revision? 

 Yes _X_ 

 No _______ 

 Additional Explanation (if necessary). 

9. Did the State include a copy of the actual regulation or document for USEPA review? 

 Yes _X_ 

 No ____ 

 Additional Explanation (if necessary). 
2

10. Did the State provide evidence that it followed all of the requirements of its Administrative 

Procedures Act (ch. 227, Wis. Stats., Administrative Procedure and Review) in conducting and 

completing adoption/issuance of the revision? 

 Yes_X_

 No____ 

 Additional Explanation For this rules package, Wis DNR followed its set rule procedure by 

developing the draft rules, requesting and obtaining authorization from the Natural Resources Board to 

holding a public hearing on the proposed rules, conducting the hearing, addressing comments received 

during the full public comment period, including the public hearing, modifying the rules (if necessary), 

requesting adoption of the final rules by the Natural Resources Board, submitting the NRB-adopted rules to 

the Wisconsin Legislature's Natural Resources Committees for review, and after review - approval by these 

committees, then publishing the final rules. 

11. Did the State include evidence that Public Notice was given of the revision, including date of 

publication? 

 Yes_X_ 

 No ____ 

 Additional Explanation (if necessary). Included in the package of enclosed materials is a 

 photocopy of the hearing notice for AM-23-07 as published in the Wisconsin State Journal. 

12. Did the State provide a copy of the certification that public hearings were held in accordance with 

the information provided in the public notice (copy of notarized Class I paper proof). 

 Yes_X_ 

 No___ 

 Additional Explanation (if necessary). 

13. Does the submittal contain a compilation of public comments and the State’s response? 

 Yes_X_ 

 No____ 

 Additional Explanation (if necessary). Comments were received and addressed for rule package 

 AM-23-07. 

Technical Issues 

14. Name the all the regulated pollutants affected by the revision? __PM2.5, PM10_ 

15. Does the submittal identify the designation, status of the attainment plan and attainment date for 

the area(s) 

 Yes____ 

 No_X_ 

 Additional Explanation (if necessary) Not applicable 

16. Does the submittal identify the location and types of affected sources? 

 Yes_____ 

 No_X_ 

 Additional Explanation (if necessary) Not applicable 
3

17. Does the submittal quantify the changes in SIP-allowable emissions and estimate or quantify the 

changes in actual emissions from affected sources? 

 Yes___ 

 No_X_ 

 Additional explanation (if necessary). Not applicable 

18. Has the State demonstrated that the NAAQS/PSD Increment/RFP demonstration/visibility will be 

protected if the revision is approved and implemented? 

 Yes____ 

 No_X_ 

 Additional explanation (if necessary). 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? 

 Yes____ 

 No_X_ 

 Additional explanation (if necessary). Not applicable 

21. Has the State provided evidence that the revision contains emission limitations, work practice 

standards and record keeping/reporting requirements where necessary, to ensure emission levels? 

 Yes___ 

 No_X_ 

 Additional explanation (if necessary). Not applicable 

22. Does the submittal contain enforcement/compliance strategies including how compliance will be 

determined in practice, and at what frequency? 

 Yes___ 

 No_X_ 

 Additional explanation (if necessary). Not applicable 
4

STATE APPROVABILITY CHECKLISTENFORCEABILITY 

USEPA USE ONLY 

SIP Package Number ___________ 

Date Received by USEPA ________________ 

Date Due_____________________________ 

State: WISCONSIN 
5

WDNR Information 

Subject Matter: Updating Wisconsin Administrative Code to have ambient air 

quality standards for fine particulates conform with federal standards. 

Applicability 

USEPA Question USEPA Requirement State Response 

What sources are being regulated? Clear discussion Not applicable to this rule 

What are criteria for exemption? Clear discussion Not applicable to this rule

Is calculation procedure for 

exemption clearly specified? 

Supply example calculation or clear explanation 

of how to determine exemption (line by line, 

etc.) 

Not applicable to this rule

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. 

Not applicable to this rule

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. 

Not applicable to this rule

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. Not applicable to this rule

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. 

Not applicable to this rule

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. 

Not applicable to this rule

Compliance Dates 
6

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. 

Not applicable to this rule

What is the attainment date? Clearly defined. 

Specificity of conduct 

USEPA Question USEPA Requirement State Response 

What test method is required? Test method must be explicitly stated. Not applicable to this rule

What is the averaging time in the 

compliance test method? 

Averaging time and application of 

limit must be explicit. 

Not applicable to this rule

Is a compliance calculation or 

evaluation required? (i.e., daily 

weighted average for VOC). 

Clearly defined. Not applicable to this rule

If a compliance calculation is 

necessary, list the formula, period of 

compliance, and/or evaluation 

method. 

Formula must be explicit. Not applicable to this rule

Incorporation by reference

USEPA Question USEPA Requirement State Response 

What is the state authority for 

rulemaking. 

Clearly stated. Wis DNR authority for rulemaking is 

stated in Board Order AM-23-07a

Are methods/rules incorporated by 

reference in the right manner? 

Clearly stated. 

Record keeping

USEPA Question USEPA Requirement State Response 

What records are required to 

determine compliance? 

Clearly stated. Not applicable to this rule

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 . 

Not applicable to this rule

Does the rule affirmatively require 

the records be kept? 

There must be clearly defined and 

distinguishable from what constitutes 

a violation. 

Not applicable to this rule
7

Exemptions

USEPA Question USEPA Requirement State Response 

List any exemptions allowed. Must be clearly defined and 

distinguishable from what constitutes 

a violation. 

Not applicable to this rule

Is the criteria for application clear? Clearly stated. Not applicable to this rule

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. 

Not applicable to this rule
Form 1100-001

(R 2/04)

NATURAL RESOURCES BOARD AGENDA ITEM Item No. _

SUBJECT:

Adoption of Order AM-23-07A, proposed rules affecting chs. NR 404 and 484 pertaining to ambient air quality standards

for particulate matter.

FOR: APRIL, 2008 BOARD MEETING

TO BE PRESENTED BY: Larry Bruss, Chief, Regioinal Pollutants and Mobile Sources Section

SUMMARY:

The EPA has 1) revoked the National Ambient Air Quality Standard (NAAQS) for annually-averaged particulate matter

less than 10 micrometers in diameter (PM10), and 2) promulgated new NAAQS for particulate matter less than 2.5

micrometers in diameter (PM2.

5). EPA also revised the monitoring requirements related to these NAAQS changes. The

proposed rule revisions would update the ambient air standards for particulate matter in ch. NR 404, Wis. Adm. Code, and

the monitoring requirements in ch. NR 484, Wis. Adm. Code to reflect the NAAQS changes. This would assure that

Wisconsin's Administrative Code is consistent with the NAAQS for particulate matter, as required under s. 285.21 (1 )(a),

Stats., and better reflects the science of particle pollution effects on human health.

If any areas in the state are designated as nonattainment for the new air quality standards, the Department is required to

develop an air quality state implementation plan to ensure that the ambient air quality standards are attained and

maintained in those areas.

Wisconsin Manufacturers and Commerce and the Wisconsin Paper Council provided the only public comments on these

proposed rule revisions. Both of these business associations fully support the proposed rule changes. No comments were

received at the public hearing on Order AM-23-07.

A request for the Natural Resources Board to adopt Order AM-23-07 was originally scheduled for the Board's February

2008 meeting. After the close of the public comment period in October, 2007, concerns were expressed by several

citizens and the Board regarding the proposed repeal of the air quality standard for total suspended particulates (TSP).

This proposed repeal was included in the original Order AM-23-07 taken to public hearing. Consequently, the original order

has been bifurcated. Those proposed changes related to the repeal of the TSP standard have been removed from this

part, Order AM-23-07A but may be brought before the Natural Resources Board at a future time.

RECOMMENDATION: That the Board adopt Order AM-23-07A.

Fiscal Estimate Required

Environmental Assessment or Impact Statement Required

Background Memo

LIST OF ATTACHED MATERIALS:

No D

No [8J

No D

APPROVED:

Bureau Director, Kevin Kessler

Administrator, AI Shea

Secretary, Matthew J. Frank

Date

Date

Date

Yes [8J Attached

Yes D Attached

Yes [8J Attached

cc: Laurie Ross - AD/5

Carol Turner - LS/5

K. Kessler - AMI?

R. Eckdale - AMI? (2)

Bill Adamski- AMI?

Marney Hoefer- LS/5

Larry Bruss - AMI?
STAFF REVIEW - DNR BOARD AGENDA ITEM

REMINDER

Have the following questions been answered under the summary section of this form?

- -Why is the rule needed?

- -What are the significant changes?

- -What are the key issues/controversies?

- -What was the last action of the Board?

LIST OF ATTACHED REFERENCE MATERIAL REQUIRED FOR RULE PROPOSALS:

Hearing authorization:

Background memo (if needed)"

Fiscal Estimate

Environmental Assessment (if needed)

Rule

Final adoption:

Background Memo (if needed)"

Response Summary

Fiscal Estimate

Environmental Assessment (if needed)

Rule

"If all the questions listed in the REMINDER section above can be adequately summarized on the Green Sheet (and a second sheet if needed),

the Background Memo may be omitted.

Unit Reviewer Date Comments

Environmental Analysis and

Review

Management and Budget

Legal Services ,

-Program Attorney

-Carol Turner

Other (if applicable)
1 

ORDER OF THE STATE OF WISCONSIN 

NATURAL RESOURCES BOARD 

AMENDING AND CREATING RULES 

The Wisconsin Natural Resources Board adopts an order to amend NR 

404.04(8), 484.03(5) and 484.04(6); and to create NR 404.02(4e), 404.04(9) and 

484.04(6g) and (6r) relating to ambient air quality standards and affecting small 

business. 

 AM-23-07A

Summary Prepared by the Department of Natural Resources

1. Statute interpreted: s. 285.21(1)(a), Stats. The State Implementation Plan developed under s. 

285.11(6), Stats., is revised. 

2. Statutory authority: ss. 285.11(1) and (6) and 285.21(1)(a), Stats. 

3. Explanation of agency authority: The Department is required under s. 285.21(1)(a), Stats., to 

promulgate by rule ambient air standards similar to, but not more restrictive than the national ambient air 

quality standards (NAAQS). The Department is also authorized under s. 285.11(6), Stats., to promulgate 

rules in order to prepare and implement the State Implementation Plan for the prevention, abatement and 

control of air pollution in the state. 

4. Related statute or rule: There are no related statutes that are not identified above. 

5. Plain language analysis: Chapter NR 404, Wis. Adm. Code, contains ambient air standards which are 

intended to be the same as the federal NAAQS promulgated by EPA, as is required under s. 285.21(1)(a), 

Stats. Chapter NR 484, Wis. Adm. Code, incorporates by reference the federal air pollution monitoring 

requirements related to the ambient air standards that are employed by the Department. In 1987, 1997 

and 2006 the EPA reviewed the then-current science of air particulate pollution impacts on human health 

to evaluate how to refine particulate NAAQS to better protect human health. In 1987, the EPA 

promulgated NAAQS for particulate matter of less than 10 micrometers in diameter (PM10) because PM10

was found to be noticeably detrimental to the human respiratory system. In 1997, the EPA promulgated 

NAAQS for particles less than 2.5 micrometers in diameter (PM2.5) because PM2.5 was demonstrated to 

significantly impact the human respiratory system. In 2006, the EPA both lowered (made more 

restrictive) the 24 hour PM2.5 NAAQS to better reflect the scientific understanding of fine particle effects 

on humans, and revoked the annual PM10 NAAQS – citing a lack of evidence linking health problems to 

long-term exposure to PM10. 

The Department is proposing to amend chs. NR 404 and 484, Wis. Adm. Code, to fully address the 

above-noted NAAQS changes to better reflect the current understanding of how particulate matter affect 

human health and to maintain consistency with the federal NAAQS. Specifically, the proposed rule 

revisions would: A) repeal the ambient air quality standard for annual PM10 from ch. NR 404, Wis. Adm. 

Code; B) repeal the monitoring requirements incorporated by reference in ch. NR 484, Wis. Adm. Code, 

corresponding to the annual PM10 standard; and C) adopt the PM2.5 NAAQS into ch. NR 404, Wis. Adm. 

Code, and incorporate by reference the corresponding monitoring requirements into ch. NR 484, Wis. 

Adm. Code. 
2 

A request for the Natural Resources Board to adopt Order AM-23-07 was originally scheduled for the 

Board’s February 2008 meeting. After the close of the public comment period in October, 2007, concerns 

were expressed by several citizens and the Board regarding the proposed repeal of the air quality standard 

for total suspended particulates (TSP). This proposed repeal was included in the original Order AM-23-07 

taken to public hearing. Consequently, this updated Order AM-23-07A has been bifurcated to not include 

the proposed repeal of the TSP air standard. This regulatory issue will be addressed at a future time. 

6. Summary of, and comparison with, existing or proposed federal regulation: The federallyenforced NAAQS are contained in Title 40, Part 50 of the Code of Federal Regulations (40 CFR Part 50). 

The purpose of these proposed rules is to make the State-enforced ambient air standards for particulate 

matter in ch. NR 404, Wis. Adm. Code consistent with the corresponding federal NAAQS, as required 

under s. 285.21(a), Stats. 

7. Comparison with rules in adjacent states: These proposed rule revisions are designed to make 

Wisconsin’s ambient air quality standards consistent with federal NAAQS, which are effective and 

enforced throughout the United States. 

8. Summary of factual data and analytical methodologies: The EPA, through its Clean Air Scientific 

Advisory Committee (CASAC) has conducted exhaustive reviews and assessments on the health science 

of air pollution impacts to human health and welfare. This research has yielded NAAQS that are based 

upon sound health science designed to protect public health and welfare. The Department is accepting this 

extensive federal research as this order’s factual data and analytical methodologies. 

9. Analysis and supporting documents used to determine effect on small business or in preparation 

of economic impact report: In light of the statutory requirement to promulgate by rule new ambient air 

quality standards similar to the federal standards, the Department relies on the federal data and the 

analytical methodologies EPA used to develop and promulgate the national ambient air quality standards. 

10. Effect on small business: The promulgation of the PM2.5 ambient air quality standards would not 

have any direct effect on businesses, including those defined as small business. Once the PM2.5 air 

standards are promulgated the EPA will determine if any areas in the state should be designated as 

nonattainment for any of the new air standards. The Department is required to develop an air quality 

management state implementation plan (SIP) to ensure that all ambient air quality standards are attained 

and maintained in all areas of the state. The future development of that SIP to address PM2.5 may result in 

emission limitations being developed for specific source categories or implementing emission control 

technologies which may affect businesses, including small businesses. Any prospective SIP revisions 

would occur through the development of additional rules, which would include analyses of the rules’ 

potential effects on the private sector, including small businesses. 

11. Agency contact person: 

 Bill Adamski 

 Telephone: 606.266.2660 

 Fax: 608.267.0560 

 E-mail william.adamski@wisconsin.gov

The consent of the Attorney General will be requested for the incorporation by reference of new test 

methods in ch. NR 484. 
3 

SECTION 1. NR 404.02(4e) is created to read. 

NR 404.02(4e) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers as measured by a reference method based on Appendix N of 40 CFR part 

50, incorporated by reference in s. NR 484.04(6g), and designated in accordance with 40 CFR part 53, 

incorporated by reference in s. NR 484.03(5), or by an equivalent method. 

SECTION 2. NR 404.04(8) is amended to read: 

NR 404.04(8) PM10: PRIMARY AND SECONDARY STANDARDS. (a) The primary and 

secondary standards for PM10 are 

1. 50 micrograms per cubic meter (μg/m3

) - annual arithmetic mean concentration.

2. 150 micrograms per cubic meter (μg/m3

) - maximum 24-hour average concentration. 

(b) The PM10 standards are attained when all of the following are met:

1. The expected annual arithmetic mean concentration is less than or equal to 50 μg/m3

, the level 

designated in par. (a)1.

2. The the expected number of days per calendar year with a 24-hour average concentration above 

150 μg/m3

, the level designated in par. (a)2., is equal to or less than one. 

3. (c ) The expected concentrations and number of days are shall be determined by the 

methodology contained in 40 CFR part 50, Appendix K, incorporated by reference in s. NR 484.04(6). 

SECTION 3. NR 404.04(9) is created to read: 

NR 404.04(9) PM2.5: PRIMARY AND SECONDARY STANDARDS. (a) The primary and 

secondary standards for PM2.5 are: 

1. 15.0 micrograms per cubic meter (μg/m3

) - annual arithmetic mean concentration. 

2. 35 micrograms per cubic meter (μg/m3

) – 24-hour average concentration. 
4 

(b) The PM2.5 standards are attained when all of the following are met: 

1. The annual arithmetic mean concentration is less than or equal to 15.0 μg/m3

, the level 

designated in par. (a)1. 

2. The ninety-eighth percentile 24-hour average concentration is less than or equal to 35 μg/m3

, 

the level designated in par. (a)2. 

(c) The calculated concentrations shall be determined by the methodology contained in 40 CFR 

part 50, Appendix N, incorporated by reference in s. NR 484.04(6r). 

SECTION 4. NR 484.03(5) in Table 1 is amended to read: 

CFR Reference Title Incorporated by Reference For 

NR 484.03 

(5) 40 CFR part 53 Ambient Air Monitoring 

Reference and Equivalent 

Methods 

NR 404.02(4e) and (4m) 

NR 404.06(3)(b) 

SECTION 5. NR 484.04(6) in Table 2 is amended to read: 

CFR Appendix Referenced Title Incorporated by Reference For

NR 484.04 

(6) 40 CFR part 50 Appendix K Interpretation of the National 

Ambient Air Quality Standards for 

Particulate Matter 

NR 404.04(8)(b)3. (c)

SECTION 6. NR 484.04(6g) and (6r) in Table 2 are created to read: 

CFR Appendix Referenced Title Incorporated by Reference For

NR 484.04 

(6g) 40 CFR part 50 Appendix L Reference Method for the 

Determination of Particulate 

Matter as PM2.5 in the Atmosphere 

NR 404.02(4e) 

(6r) 40 CFR part 50 Appendix N Interpretation of the National 

Ambient Air Quality Standards for 

PM2.5

NR 404.04(9)(c) 
5 

SECTION 7. Nonsubstantive Terminology Changes. The phrase “, secretary of state and revisor of 

statutes” as used in notes to introductions for the following sections is replaced with “and legislative 

reference bureau”: 

s. NR 484.03 

s. NR 484.04 

s. NR 484.05 

s. NR 484.06 

s. NR 484.10 

s. NR 484.11 

SECTION 8 EFFECTIVE DATE. This rule shall take effect on the first day of the month following 

publication in the Wisconsin administrative register as provided in s. 227.22(2)(intro.), Stats. 

SECTION 9 BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin 

Natural Resources Board on April 23, 2008. 

 Dated at Madison, Wisconsin ______July 29, 2009______________. 

 STATE OF WISCONSIN 

 DEPARTMENT OF NATURAL RESOURCES 

By____/S/_Matthew J. Frank_____________ 

 Matthew J. Frank, Secretary 

(SEAL) 
State of Wisconsin

CORRESPONDENCE/MEMORANDUM

DATE:

TO:

FROM:

March 12, 2008

Natural Resources Board

Matthew J. Frank

FILE REF: 4508-2

SUBJECT: Background memo on proposed adoption of Order AM-23-07A pertaining to revisions to ambient

air quality standards for particulate matter.

1. Background and reasons why the rule revisions are being proposed

The federal Clean Air Act requires the US Environmental Protection Agency (EPA) to promulgate national

ambient air quality standards (NAAQS), which are designed to protect public health (primary standards) and

public welfare (secondary standards) for certain criteria pollutants such as particulate matter, sulfur dioxide and

ozone. The EPA is required to periodically review the current health science in order to evaluate if and how the

existing NAAQS need to be adjusted to more accurately protect human health and welfare.

In 1987, EPA promulgated NAAQS for smaller particles that are more readily inhaled into the human

respiratory system (i.e., those less than 10 micrometers in diameter [PMlO]). In 1997, EPA promulgated

additional NAAQS for even smaller particles (i.e., those less than 2.5 micrometers in diameter [PM2.5]) to more

directly address the increasing scientific awareness ofserious public health impacts from fine particles.

In 2006, EPA took additional action on particulate standards by lowering (making more restrictive) the 24-hour

PM2.5 NAAQS to better reflect the scientific understanding of how fine particles affect humans, and revoking the

annual PMlO NAAQS - citing a lack of evidence linking health problems to long-term exposure to PMlO•

The Department is now proposing to revise Wisconsin's ambient air quality standards to better reflect the

current EPA NAAQS for particulate matter, which are as follows: 24-hour PMlO: 150 micrograms per cubic

meter (llglm3), 24-hour PM2.5: 35 Ilglm3, Annual PM2.5: 15.0 Ilglm3.

By repealing the ambient air standard for annual PMlO as well as adopting the NAAQS for PM2.5 , Wisconsin's

air quality standards would 1) reflect the current health science for protecting human health and welfare related

to particulate matter, 2) be more consistent with EPA's NAAQS for particulate matter, which is required under

s. 285.21 (l)(a), Stats., and 3) allow the Department to focus resources on controlling fine particulate emissions

[PM2.5, PMlO], which directly affects public health.

A request for the Natural Resources Board to adopt Order AM-23-07 was originally scheduled for the Board's

February 2008 meeting. After the close ofthe public comment period in October, 2007, concerns were

expressed by several citizens and the Board regarding the proposed repeal ofthe air quality standard for total

suspended particulates (TSP). This proposed repeal was included in the original Order AM-23-07 taken to

public hearing. Consequently, the original order has been bifurcated. Those proposed changes related to the

repeal ofthe TSP standard have been removed from this part, Order AM-23-07A but may be brought before the

Natural Resources Board at a future time.

2. Summary ofthe proposed rule revisions

The proposed rule revisions in AM-23-07A would:

Printed on

Recycled

Paper
- Repeal the ambient air standard for annual PMIO from ch. NR 404, Wis. Adm. Code and the corresponding

monitoring requirements incorporated by reference in ch. NR 484, Wis. Adm. Code.

- Adopt the EPA-promulgated NAAQS for PM2.5 into ch. NR 404, Wis. Adm. Code and incorporate by

reference the corresponding federal PM2.5 monitoring requirements into ch. NR 484, Wis. Adm. Code.

3. Proposed rule revisions - impact on existing policy

In the future, EPA may designate some counties in Wisconsin as not attaining the 24-hour PM2.5 air standard

based upon ambient air monitoring data. In this event, the Department may adopt rules to reduce PM2.5 precursor

emissions to bring all areas in the State into attainment with the 24-hour PM2.5 air quality standard. The

Department would work with affected parties and stakeholders to develop any rules necessary to attain the PM2.

5

air quality standards.

4. Synopsis: Public hearing and written comments

A public hearing was held in Madison on October 12, 2007. The only individual from the general public present

at the hearing did not provide any comment on the proposed rules.

The only written public comments received on the original Order AM-23-07 were from two trade organizations

that represent certain Wisconsin business sectors whose members are subject to DNR air pollution requirements.

These trade organizations are 1) the Wisconsin Paper Council (WPC), which currently represents 21 separate

entities in the pulp, paper and allied industry, and 2) Wisconsin Manufacturers and Commerce (WMC) which

currently represents nearly 4,000 companies in the state. Both the WPC and WMC expressed full support ofthe

proposed rule revisions in Order AM-23-07.

The Legislative Council Rules Clearinghouse (LCRC) submitted a report on Order AM-23-07 (Clearinghouse

Rule # 07-082) on September 17, 2007. The only LCRC comment provided on this rules package was for

"clarity, grammar, punctuation and use ofplain language". LCRC commented that two definitions repealed in

the original Order AM-23-07 (i.e., "total suspended particulates" and "suspended particulate matter") are used in

ss. NR 404.04(3) ("Particulate Matter: Secondary Standard") and NR 404.04(7), Wis. Adm. Code (airborne

lead), respectively.

As noted in Section 1, the Department has decided to bifurcate the original Order AM-23-07. The current

version (Order AM-23-07A) is moving forward at this time without a proposal to repeal the ambient 24 hour air

quality standard for TSP [NR 404.04(3), Wis Adm. Code], its definitions, as well its monitoring methods

incorporated by reference. With this action, the Department has made moot the LCRC concerns pertaining to

the continued use ofss. NR 404.04(3) and NR 404.04(7), Wis. Adm. Code.

No further changes to the updated Order AM-23-07A were necessary in response to the LCRC comment.

5. Environmental review for potential impact

An environmental analysis ofthe impact ofthe proposed rule revisions is not needed because these changes are

considered to be a Type III action under s. NR 150.03(3), Wis. Adm. Code. A Type III action is one that

normally does not 1) have the potential to cause significant environmental effects, 2) significantly affect energy

usage and 3) involve unresolved conflicts in the use of available resources.

2
6. Final regulatory flexibility analysis

A) Do these proposed rule revisions impose any compliance and/or reporting requirements on small business?

The proposed rule revisions would modify Wisconsin's ambient air quality standards for particulate matter.

These proposed rules contain no new requirements (compliance, reporting, etc.) for any sources, including those

classified as small business.

B) Initial regulatory flexibility analysis

These proposed rule revisions are needed to make Wisconsin's ambient air quality standards the same as the

federal NAAQS, as required under s. 285.2l(l)(a), stats. Consequently, the Department has limited flexibility to

make any changes to these proposed rule revisions.

The proposed rule revisions pertain to ambient air quality standards, which contain no requirements for

reporting, bookkeeping, schedules or other compliance procedures.

3
BEFORE THE

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PUBLIC HEARING

AM-23-D7

NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11(1) and (6) and 285.21(1)(a), Stats.,

interpreting s. 285.21(1)(a), Stats., the Department of Natural Resources will hold a pUblic hearing on

revision$ to chs. NR 404 and 484, Wis. Adm. Code, relating to ambient air quality standards for total

suspended particulates (TSP) and particulate matter (PM) and affecting small business. The State

Implementation Plan developed under s. 285.11(6), Stats., is also revised. The proposed rule will repeal

ambient air standards for TSP and annual PM10 from ch. NR 404 and federal monitoring requirements for

TSP and annual PM10 from ch. NR 484. The proposed rule will adopt U.S. Environmental Protection

Agency promulgated national ambient air quality standards (NAAOS) for PM2.

5 into ch. NR 404 and

.~. co ........... incorporate the corresponding federal PM2.

S monitoring requirements for that ambient air standard~to .

ch. NR484.

The proposed rules would assure that the Wisconsin Administrative Code is consistent with the

NAAO$ for particulate matter, as required under s. 285.21(1)(a), Stats., and reflect the science of particle

pollution effects on human health. If any areas in the state are designated as nonattalnrnent for the new'air

quality standards, the Department is required to develop an air quality state implementation plan to ensure

that the ambient air quality standards are attained and maintained in those areas.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule

may have an impact on small businesses. The initial regulatory flexibility analysis ~s as follows:

a. Types of small businesses affected: Any small business emitting particulate matter.

b. Description of reporting and bookkeeping procedures required: No new st~te procedures are

required.

c. Description of professional skills required. No new skills are required.

The Departmenfs Small Business Regulatory Coordinator may be contacted at

SmaIlBusiness@dnr.state.wCus or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Dep~rtment has made a preliminary

determination that this action does not involve significant adverse environmental effects and does not

need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments

received, the Department may prepare an environmental analysis before proceeding with the proposal.

This environmental review document would summarize the Departmenfs consideration of the impacts of

the proposal and reasonable alternatives.

. .

NOTICE IS HEREBY FURTHER GIVEN that the hearing wilJ be held on:

October 12. 2007

Friday

Room GOg, GEF #2 Building, 101 South Webster, Madison, WI

at 1:30 p.m. .

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act,

reasonable accommodations, including the provision of information material in an alternative format, will

be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608)

266-2856 or bye-mail at Robert.Eckdale@wisconsin.govwith specific information on your request at

least 10 days before the date ofthe scheduled hearing.

The proposed rule and supporting documents, including the fiscal estimate maybe viewed and

downloaded and comments electronically submitted at the follOWing Internet site: .
http://adminrules.wisconsin.gov. (Search this Website using the Natural Resources Board Order No.

AM-23-07). Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Adamski,

Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or bye-mail to

William.Adam,ski@Wisconsin.gov. Comments may be submitted until October 22,2007. Written

comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral

statements presented atthe pUblic hearings. If you do not havelntemet access. a personal copy ofthe

proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert

Eckdale. Bureau of Air Management, P.O. B.ox 7921, Madison, WI 53707 or by calling (608) 266-2856.

Dated at Madison, Wisconsin ~i t? tJ.7

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

= ..:-.'.,"'. '-'" Co ----·.By·· ~~;

Scott Hassett, Secretary .
1S.l· Monday, September 10, 2007 rt///-C?'5 -tJ 1r&OnSin State Journal

LASTWEEK'S

WEATHER

BLOOD DRIVES

TheAmericanRed CrossBlood

Services needs volunteers to donate blood at Dane Countyblood

~. Alldonors-wm be required

to present a blood donor card,

driver'slicense ortwo forms ofill

at check-in:

•Thesday: 9amto 2 p.m,AssodatedPhysicians, 4410 RegentSt

• Friday: 1 to 6 p.m, EvangelicalLutheranChurch, 315 E. Main

St, Mount Horeb; noon to 5 p.m,

Memorial Union, 800 Langdon

St

e Saturday: 8 am to noon,

Door Creek Church, 6602 Dominion Drive; 7:30 to 11:30 am.,

StJames LutheranChurch,425 S.

MainSt,Verona

Predp.

.4l.DO

0.00

0.00

0.00

0.07

0.16

0.00

Mn.

72

73

74

78

76

69

66

High Low

Sun. 83 60

Mon. 85 61

rue. 87 61

Wed. 89 66

Thu. 81 71

Fri. 80 58

Sat. 79 53

Avg. 83 61

rotal 0.23

- From National WeatherService at

Dane County RegionalAirport

State of Wisconsin Legal Notices

Reasonable accommodation. including the provision of infonnatlonal

material in an alternate format, will be provided for qualijied

individuals with disabilities upon request. http:T/WWW.madison.com

J.. General Notices II General Notices 'I

8UORE THE DEPARTMENT Of' NATURAl RE· friday.•1:30 p.m.

NO pusuc. H''''IIING ..u .... ... fi011CE IS HEREBY FURTH~ GlValthat pur. "','''.. ............---v, lIUIlIII to tfIe with 0lHbIIltIes Act. . N01'IC£ IS HEREBY GIVEN that punUlInt to sa. ~.lncIudlnIIthepro28&.1iI11i1nd 181 end.285.21(1)(.I; S~,lnter· .vIIlQIi cif·1nfOrnietIon miterlalln lIl1.rtftnlltlve

pmI"l11 .. 285.211111.1. S~. the Depertment fwmat.wlIl be provided for qlIIlIlfled IndIvIduof NMUi'ttI~will hold • public I1NrllIli ... with ....bIfltlM upon request. .",.. 01111

01\ revIIIonsto ells. NR 4CJ4 end 484. W1LAdm. Robtrt u 18081 266-i858 ot#.~ e-mail

Colle. reI8tI"lII to emblem air qu.,lty ste.... R ~deIe@WlIconaIn. WIlli iIpeclfIc

for total suspended r:rtlcullltes lTSPl .nd per- lnfonillItIO/ion your reqUest lite10 days betlculete ·metter IPM .nd effectl"lll .mell bue!· fore thehte Of Ihucheduled ......,1IlI. . _. 11leStllte Implementlltlon Plen developed 11le propoe;ed JUIe lind. euPJlOl1lng ddc;uments.

under L285.11181. Sleb., II lIlso reviled. the Includl"lll tile fl.' eaIImUe I1IllY be vltwed

pmpClMd rule will repe.11Il1lblent air etanCImis .nd doWnIOlIded end commenb··~I·

fOr TSP end lIIlnual PM10 from cit. NR 404 .nd CIlIIy ~d at the following Irit~ elIe:

fedenli monitoring requlremente for TSP.nd ht!P:lledmlnrulee.WIsconSln.goy.lSellrc:h 1It1.

MiMlal PM10 from cit. NR 484. The propoeed Web eIte ue/ng the ·Natural Resources Bo.rd

ruji, win.•dopI u.s. ,Envlronmenul Protecllon Order No. AM-23-07). WrltIen commenIlI on Mency promU!allled netlollel.mblenl.1r qu.l· the prof)OSed ",Ia m.y be eubmltled"" u.S.

fly_ndente llQAAOSlfor PM2.5 Into cit. Nit mell to Mrjl. Bill Ad~. Bureau« /llIr MIIn- 404 end Incorporate the comeponcflng federal egemenI, .0. Box 7121. Mildlson. WI' &3707

PM2.5 monllorlng requlremenb for that .mbl· or by _R to W1111.m.Ad.meId@wIecoM'n. em IIlr stendente Into cit. NR 484. . goy. Comrnente m.y· be .ubnillted until Dc- The pro-d MIlS would _uri IItllt the WI.. tober 22, 2007. WrItten COInmenta Wfielher

coneln AdmlnletrallYe Cod. II conelsIent wlll1 eubmllled e1ec1ronlCllIIy 0' by U.S. mlill wlll

the NMOS for pertlcuillte metter. u requIred MVe the nme weight .nd eIhct u oral sblteunder .. 285.2111,1.,. Sleb.. end refIecI lite mente PNteIIted u tile public he.r1lll1s. If you eclence of pertlcle pollullon llffecls on humen do .noI have Intemllte_•• person.' Copy of

hfllilll1. If IIl1Y .,_In lite eI8Ill .... designated the propCJllll rule and eupportlng documlll1ls.

IlOM\I8lnmilnl for the new e1, qu.1lty ~d- InclUdl~g the fl~.1 estI,,!lIIe m., be oblalned

.;dI.llte DepertnMnt .. raqulred 10 develop .n from RObert Ec*d.le. Bilraeu Of Air Men.lle·

.1, quil!'tYeI8Illlmpiemenlirtlon pl.n to ensure IM/1t, P.O. Box 7t21;Medlson. WI,53707 0' by tlilit 1hfj ,.mbIent air qu.11ty at.nderdl .re.u- CIlrall· 18081l86-28$tl: '. .. .. . . ..Ined .-rid "",,",,,ned In thOte .reas. at Mildlsoli, WIsconsin August.3.0. 2007

lIIQntE IS HEREBV FURTHER GIVEN pur· S ~'fE OfIWlsCI>NSlN .. ... ..

·1Ulint to e. 227.114. stats.. the ProPIIHd ",Ie DEPAR1l!ftl:NtOF NATUfIAI,. RESOURCES ~,fHm en Il!lPiIct iH\smell buiIn...... Th8 By: $oOriH~ 1IIltI.' nIlI!IlatorY flel(lblllty.n.1ya1s II u.101' PUll. WSJ: septem'ter to; 2007

.~~.. Of .illIi/I b...lne_ effecIed:· Any 1#10~971 WNAXLP

.m.llbue/nea emIIIl,.g particulate metier. NOTICE Of'MEETlNG

b. Deecrlptlon 01 reportlnll .nd bookkeeping THE STATE OF WISCONSIN RETIREMENT p..-dureulqulred: No new eI8Ill procedures BOARD will meet on FrIday. September 14, .... ~Ired.. . 2007. at 1:00 p.m., at the Sheraton Madison Ho- . c. ,l:JlIicrlf)tlon 01 ~rofenlon.1 eldlls required. tel, 706 John Nolen Drive. Madison, Wisconsin.

No new _lila .. reql\i...d. The Board is e1CPected to consider Its appoint11le bepertmenfl Sm.1I B...lness Relluletory. ment· to the State. of WIsconsin Investment CCIOI'dlnm' m.y be contlletild et SmaliBusl· Board. A detailad agen4a can be found at neae@dnr.etat•.wl.... or by CIllllnll 16081 266- http://etf.wl.gov under the 'whars new" link. A 18511. .. copy 01 the agenda is posted at the State Capitol

lIIl)'tICE 1$ HERElIY FURTHER GIVl:N lIt.t lit. and the offk:es of.the Department of Employee I)ep~hu made • ",rel!mln.ry dlltermln.· Trust Funds or you may obtain a copy by con"

tlon tliat·thII ectIon does not Involve· "lInlll· tacting the board liaison, An.. n McCarthy. et 1608/

CIlnt .."..... enlilrcilimentlll effectlI IIl1d does 261-0730 .' not nMd'lIl1emi1ronm.ntai .n.lysls uncle; cit. The meeting location is handIcap accessible. If NR 150. WIs. Adm. Code. HOWlve,. bMed on you need reasonable accommodations due to a lite comments received. the Dep.i'tment m.y disability. please contact Ann McCarthy, DepartfIl'eflllre.II en~'1l1Ientlll ~Iysls before pro- ment 01 Employee T,ust Funds, 801 W. Badtdgmal'":-- ~1"lIIwIth~~I...thl..nYlron.mental . Road, MadIson, WI 53707·7931. Telephone #: oCQrn8l1t Would sunim.r1ze the' De- (608) 21n-0736, Wl~consin Relay Service 7-1-1, .. COhalderation 01 the·'m(iHl$ of lite E-mail: ann.mccarthy@etf.state.wl.us.

• "" ....eon.bIe.lIsrlliitlv... PUB. WSJ: September 10, 2007 .CE IS HeREBY FURTHER GIVEN lItat the ' WNAXLP

h••rll1fl will ""hetd on:. .. 1#105451~) O*be"12,Z007.Room G09iQEF #2 Building.

101 So~W.IMttit.MildleQn; WI ?
WISCONSIN DEPARTMENT OF NATURAL RESOURCES

BUREAU OF AIR MANAGEMENT

STATE IMPLEMENTATION PLAN REVISION

CERTIFICATION

Pursuant to the requirements of 40 CFR s. 51.1 02(f), I hereby certify that the Wisconsin

Department of Natural Resources held the hearing described below; that the hearing was

held in accordance with the public notice (copy attached), as required by 40 CFR s.

51.102(d); and that I was the presiding officer at the hearing.

Subject:

Revisions to SIP relating to ambient air quality standards for particulate matter.

Hearing held:

October 12, 2007 in Madison, Wisconsin.

Written comments were received until October 22, 2007.

~:G Q \k Margaret I. Hoefer

BUREAU OF LEGAL SERVICES

Subscribed and sworn to before me

this 9 day of ¥~2009.

=O~M O.~'")~ Notary Public, State JlsconsJn

My commission is permanent.
Note: 

Changes to NR 404 and NR 484, Wis. Adm. Code have not been published by the 

Wisconsin Revisor of Statutes. When this information is available it will be sent to 

USEPA-Region V.