## 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 i mplementation 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 i mplement 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 Panercc: 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., Admini strative 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, c onducting 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 rule s by the Natural Resources Board, submitting the NRB-adopted rules to the Wisconsin Legislature's Natural Resources Committeesfor 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 nece ssary). 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 applicable3

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/PSDIncrement/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 applicable4



# STATE APPROVABILITY CHECKLISTENFORCEABILITY
USEPA USE ONLY SIP Package Number ___________ Date Received by USEPA ________________ Date Due_____________________________ State: WISCONSIN5 

# 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 di scussion 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 Dates6



### 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? Te st 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 rule7 

## 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 ruleForm 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 (PM 10 ), and 2) promulgated new NAAQS for particulate matter less than 2.5 micrometers in diameter (PM 2 . 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-23-07 A 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 amendNR 404.04(8), 484.03(5) and 484.04(6); and to createNR 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 Im plementation 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 thatare 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 tobetter protect human health. In 1987, the EPA promulgated NAAQS for particulate matter of less than 10 micrometers in diameter (PM 10

### ) because PM 10 

### was found to be noticeably detrimental to the humanrespiratory system. In 1997, the EPA promulgated NAAQS for particles less than 2.5 micrometers in diameter (PM 2.5 

### ) because PM 2.5

### 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 PM 10

### NAAQS – citing a lack of evidence linking health problems to long-term exposure to PM 10 

### . 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 c onsistency with the federal NAAQS. Specifically, the proposed rule revisions would: A) repeal the ambient air quality standard for annual PM 10

### 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 PM 10 

### standard; and C) adopt the PM 2.5

### 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 rega rding 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 toprotect 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 PM 2.5 

### ambient air quality standards would not have any direct effect on businesses, includingthose 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 ensurethat 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) "PM 2.5 

### " 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) PM 10 

### : PRIMARY AND SECONDARY STANDARDS. (a) The primary and secondary standards for PM 10

### 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 PM 10

### standards are attained when all of the following are met: 1. The expected annual arithmetic mean concentration i s less than or equal to 50 μg/m3 

### , the level designated in par. (a)1.
2. The theexpected 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 bedetermined 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) PM 2.5 

### : PRIMARY AND SECONDARY STANDARDS. (a) The primary and secondary standards for PM 2.5

### 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 PM 2.5

### 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 averag e 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 PM 2.5 

### 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 approve d 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-23-07 A 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 [PM lO ]). 

### In 1997 , EPA promulgated additional NAAQS for even smaller particles (i.e., those less than 2.5 micrometers in diameter [PM 2
. 5 ]) 

### to more directly address the increasing scientific awareness of serious public health impacts from fine particles.

In 2006, EPA took additional action on particulate standards by lowering (making more restrictive) the 24-hour PM 2 .5 

### NAAQS to better reflect the scientific understanding of how fine particles affect humans, and revoking the annual PM lO 

### NAAQS

- citing a lack of evidence linking health problems to long-term exposure to PM lO • 

### 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 PM lO : 

### 150 micrograms per cubic meter (llglm3), 

### 24-hour PM 2 .5: 

### 35 Ilglm3, 

### Annual PM 2
. 5 : 

### 15.0 Ilglm3. 

### By repealing the ambient air standard for annual PM lO 

### as well as adopting the NAAQS for PM 2
. 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 [PM 2
. 5 , 

### PM lO ], 

### 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 of the 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 of the TSP standard have been removed from this part, Order AM -23-07 A but may be brought before the Natural Resources Board at a future time.
2. Summary of the proposed rule revisions
The proposed rule revisions in AM -23-07 A would:

Printed on Recycled

Paper- Repeal the ambient air standard for annual PM IO 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 PM 2
. 5 into ch. NR 404, Wis. Adm. Code and incorporate by reference the corresponding federal PM 2
. 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 PM 2 .5 air standard based upon ambient air monitoring data. In this event, the Department may adopt rules to reduce PM 2 .5 precursor emissions to bring all areas in the State into attainment with the 24-hour PM 2 . 5 air quality standard. The Department would work with affected parties and stakeholders to develop any rules necessary to attain the PM 2 . 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 of the 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 of plain 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-23-07 A) 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 of ss. NR 404.04(3) and NR 404.04(7), Wis. Adm. Code.

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


### 5. Environmental review for potential impact
An environmental analysis of the impact of the 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 regulatoryflexibility 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.

3BEFORE 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 PM 10 from ch. NR 404 and federal monitoring requirements for TSP and annual PM 10 from ch. NR 484. The proposed rule will adopt U.S. Environmental Protection Agency promulgated national ambient air quality standards (NAAOS) for PM 2
. 5 into ch. NR 404 and**.~.** co
........... incorporate the corresponding federal PM 2
. 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 at the 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 

# LAST WEEK'S

WEATHER BLOOD DRIVES

The American Red 

### Cross Blood Services needs volunteers to donate blood at Dane County blood**~.** All 

### donors 

## -wm be required to present a blood donor card, driver's license or two 

### forms of ill 

### at check-in:

• Thesday: 9 

### am to 2 

### p.m,Assodated Physicians, 4410 

### Regent St



### • Friday: 1 

### to 6 

### p.m, Evangelical 

### Lutheran Church, 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., St 

### James Lutheran Church, 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 Weather Service at Dane County Regional 

### Airport



## 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.**~.lncIudlnIIthepro** 28&.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\ revIIIons to 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 

# lite 10 days betlculete ·metter IPM .nd effectl"lll .mell bue!· fore thehte Of Ihucheduled 

## ......,1IlI.

.

_. 11le Stllte 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 Intemllt e_ •• 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 NA TUfIAI,. RESOURCES**~,fHm** en Il!lPiIct iH\smell buiIn

...... Th8 By: $oOri**H~** 

## 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.