State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

101 S. Webster Street

Box 7921

Madison WI 53707-7921

May 12,2011

Ms. Susan Hedman

USEPA-Region V

77 WestJackson Boulevard

Chicago IL 60604

Scott Walker, Governor

Cathy Stepp, Secretary

Telephone 608-266-2621 ~:1-w~rsc,(Job<NSliJNt:::::::-"-''''-'~1

FAX 608-267-3579 DEPT. OF NATURAL RESOURCES

TTY Access via relay· 711

Subject: Permit requirements relating to particulate matter emissions requiring changes

to certain portions ofNR 400, 404 to 408, and 484, Wis. Adm. Code

Dear Ms. Hedman:

The information in this SIP submittal focuses on the pollutant PM,s. The rules adopted by the Natural Resources

Board in AM-16-1O at their August 2010 meeting:

• Defined major source thresholds for PM'5 and significant emission increase level for PM, 5.

• Established significant impact levels and increment consumption thresholds for PM'5'

• Established inter-pollutant trading ratios for PM, 5, SO, and NOx.

• Clarified existing non-attainment area permitting rules for permitting in PM,s non-attainment areas (presently

Milwaukee, Waukesha and Racine counties are PM,s non-attainment areas and subject to non-attainment area

new source permitting for PM'5)'

We ask Region V to process this SIP submittal as expeditiously as possible. If you should have any questions

regarding this submittal, please call Andrew Stewart ofmy staff at 608 266-6876 or email him at

Andrew.stewart@wisconsin.gov

Sincerel

Jo . ~~~""\ Di ector, Bureau of Air

Andrew Stewart - AM/?

Ralph Patterson - AMI?

Pat Stevens - AD/8 (w/o enclosures)

Cheryl Newton - USEPA Region 5 (A -I8J), 77 West Jackson Boulevard, Chicago, IL 60604-3507 (w/o

enclosures)

dnr.wi.gov

wisconsin.gov Naturally WISCONSIN

"

~.' """"0 OOIlECYCl.ED

. . PAPER
Page 2 

Enclosures: 

• SIP Checklist 

• SIP Certification Form 

• Public Hearing Notice 

• Class I Public Hearing notice 

• Rule – AM-16-10 

• Background Memo 

• DNR Green Sheet showing DNR Board’s adoption of AM_16_10 
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 _______May 20, 2011_______________________________ 

3. WDNR Person in charge of SIP submittal. 

Name __Ralph Patterson__ Telephone __608-267-7546__ 

 FAX Number ___608-267-0560______ 

E-MAIL Address______________________________ 

4. WDNR Technical Person in charge of answering questions on SIP Submittal 

Name __Steve Dunn___ Telephone __608-267-0566__ 

 FAX Number ____608-267-0560____ 

E-MAIL Address___steven.dunn@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 __December 1, 2010___ 

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

Attorney General) 

 Yes_______ 

 No_______ 

 Not applicable ___X____ 

 For No and Not applicable explain answer. This revision does not incorporate by reference any test 

methods or rules. 

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 (if necessary) 

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) 

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). 

Technical Issues 

14. Name the all the regulated pollutants affected by the revision? ___ PM2.5 - particulate matter with an 

aerodynamic diameter < 2.5 μm ________ 

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__X___ 

 No_____ 

 Additional Explanation (if necessary) 
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_X__ 

 No____ 

 Additional explanation (if necessary) 

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: Revisions to Wisconsin’s prevention of significant deterioration new 

source review SIP through the amending/creation of certain sections of NR 400 and 405, 

Wis. Adm. Code.

Applicability 

USEPA Question USEPA Requirement State Response 

What sources are being regulated? Clear discussion Major sources and major 

modifications at major sources. 

Specifically, this rule incorporates 

changes made by the United 

States Environmental Protection 

Agency in their regulations 

regarding the regulation of 

particulate matter less than 2.5 

microns in size and several 

changes of a clean-up nature in 

otherwise affected rules. 

What are criteria for exemption? Clear discussion Not applicable 

Is calculation procedure for 

exemption clearly specified? 

Supply example calculation or clear explanation 

of how to determine exemption (line by line, 

etc.) 

Not applicable 

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 

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. 

No 

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. Micrograms per cubic meter 

Pounds per hour 

Tons per year 

Is bubbling or averaging of any 

type allowed? If yes, state 

criteria. Could a USEPA 

inspector independently determine 

if the criteria were met?? Does 

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 

Not applicable 
6

USEPA have to approve each 

case? 

whether USEPA case-by-case approval is 

required. If provision intended to be “generic” 

then USEPA bubble policy must be met. 

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 

Compliance Dates 

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. 

December 1, 2010 

What is the attainment date? Clearly defined. Not applicable 

Specificity of conduct 

USEPA Question USEPA Requirement State Response 

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

What is the averaging time in the 

compliance test method? 

Averaging time and application of 

limit must be explicit. 

Not applicable 

Is a compliance calculation or 

evaluation required? (i.e., daily 

weighted average for VOC). 

Clearly defined. Not applicable 

If a compliance calculation is 

necessary, list the formula, period of 

compliance, and/or evaluation 

method. 

Formula must be explicit. Not applicable 

Incorporation by reference

USEPA Question USEPA Requirement State Response 

What is the state authority for 

rulemaking. 

Clearly stated. Section 227.11(2)(a), Stats., gives 

state agencies general rulemaking 

authority. Section 227.14(1m)(b), 

Stats., allows the Department to use 

the format of federal regulations in 

preparing a proposed rule if it 

determines that all or part of a state 

environmental regulatory program is 

to be administered according to 

standards, requirements or methods 
7

which are similar to standards, 

requirements or methods specified for 

all or part of a federal environmental 

program. Section 285.11(1), Stats., 

gives the Department authority to 

promulgate rules consistent with ch. 

285, Stats. Section 285.11(16), Stats., 

requires the Department to 

promulgate rules, consistent with but 

no more restrictive than the federal 

clean air act, that specify the amounts 

of emissions that result in a stationary 

source being classified as a major 

source. Section 285.11(17) requires 

the Department to develop and 

implement rules that define the term 

modification in a manner consistent 

with the clean air act.

Are methods/rules incorporated by 

reference in the right manner? 

Clearly stated. Not applicable

Record keeping

USEPA Question USEPA Requirement State Response 

What records are required to 

determine compliance? 

Clearly stated. Not applicable 

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 

Does the rule affirmatively require 

the records be kept? 

There must be clearly defined and 

distinguishable from what constitutes 

a violation. 

Not applicable 

Exemptions

USEPA Question USEPA Requirement State Response 

List any exemptions allowed. Must be clearly defined and 

distinguishable from what constitutes 

a violation. 

Minor source emitting less than 2.2 

pounds per hour is exempt from new 

source review. 

Is the criteria for application clear? Clearly stated. Yes. Emission calculated on a 

maximum theoretical emissions basis. 

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 
WISCONSIN DEPARTMENT OF NATURAL RESOURCES

BUREAU OF AIR MANAGEMENT

STATE IMPLEMENTATION PLAN REVISION

CERTIFICATION

Pursuant to the requirements of 40 CFR s. 5I.1 02(f), I hereby certify that the Wisconsin

Department ofNatural 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.

51.1 02(d); and that I was the presiding officer at the hearing.

Subject:

Revisions to SIP relating to air pollution permit requirements for fine particulate matter.

Hearings held:

Monday, June 7th, 2010 in Madison, Wisconsin; Tuesday June 8

th in Milwaukee; and,

Wednesday June 9th in Wausau.

Written comments were received until June 14,2010.

/J~ fJ.dd"'

Michael D. Scott

BUREAU OF LEGAL SERVICES

Subscribed and sworn to before me

This 1\~dayofMay,2011

Notary Public, State of consin

My commission is permanent.
BEFORE THE

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PUBLIC HEARING

Natural Resources Board Order AM-16-10

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17, Stats, the Department of Natural

Resources, hereinafter the Department, will hold a public hearing on renumbering and amending,

amending, and creating rules affecting chs. NR 400, 404 to 408, and 484, relating to air pollution permit

requirements for fine particulate mater (PM 2.5) emissions. The proposed revisions relate to issues for

State Implementation Plan approvabilily, and the State Implementation Plan developed under s.

285.11 (6), Stats., will be revised.

Hearing Infonnation

Date and Time

June 7, 2010, Monday

at 2:30 PM

June 8, 2010, Tuesday

at 1:30 PM

June 9, 2010, Wednesday

at 2:00 PM

Location

Natural Resources State Office BUilding

RoomG09

101 S. Webster Street

Madison, WI

Havenwoods - Auditorium

6141 N Hopkins

Milwaukee, WI

Northcentral Technical College

Main Building, Room E101

1000 West Campus Drive

Wausau, WI

Reasonable accommodations, including the provision of informational material in an a~emative format,

will be provided for qualified individuals with disabilities upon request. Contact Robert B. Eckdale in

writing at the Department of Natural Resources, Bureau of Air Management (AMI7), 101 S Webster,

Madison, WI 53707; by E-mail to Robert.Eckdale@wisconsin.gov ; or by calling (608) 266-2856. A

request must include specific information and be received at least 10 days before the date of the

scheduled hearing.

Availability of the Proposed Rules and Fiscal Estimate

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

downloaded from the Administrative Rules System Web site which can be accessed through the link

provided on the Proposed Air Pollution Control Rules Calendar at

http://www.dnr.state.wLus/air/rules/calendar.htm . If you do not have Internet access, a printed copy of the

proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by

contacting Robert B. Eckdale, Department of Natural Resources, Bureau of Air Management (AMI7), 101

S. Webster St, Madison, WI, 53703, or by calling 608.266.2856.

Submitting Comments

Comments on the proposed rule must be received on or before Monday, June 14, 2010. Written

comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same

weight and effect as oral statements presented at the public hearing. Written comments and any

questions on the proposed rules should be submitted to:

Steve Dunn

Department of Natural Resources

Bureau of Air Management (AMI7)

101 S Webster St, Madison, WI 53703

Phone:

Fax:

E-mail:

608 267-0566

608 267-0560

steven.dunn@wisconsin.gov
Internet: Use the Administrative Rules System Web site accessible through the link provided on

the Proposed Air Pollution Control RUles Calendar at

htto:lldnr.wi.gov/air/rules/calendar. htm

Analysis Prepared by the Department of Natural Resources

Statute interpreted:

The State Implementation Plan developed under s. 285.11(1) and (6), Stats., is revised.

Statutory authority:

ss. 227.11(2)(a) and 285.11(1), (16) and (17), Stats.

Explanation ofagency authority:

Section 227.11 (2)(a), Stats., gives state agencies general rulemaking authority. section 227.14(1 m)(b),

Stats., allows the Department to use the format of federal regUlations in preparing a proposed rule if it

determines that all or part of a state environmental regUlatory program is to be administered according to

standards, requirements or methods which are similar to standards, requirements or methods specified

for all or part of a federal environmental program. Section 285.11(1), Stats., gives the Department

authority to promulgate rules consistent with ch. 285, Stats. Section 285.11 (16), Stats., requires the

Department to promUlgate rules, consistent with but no more restrictive than the federal clean air act, that

specify the amounts of emissions that result in a stationary source being classified as a major source.

Section 285.11 (17) requires the Department to develop and implement rules that define the term

modification in a manner consistent with the clean air act.

Related statute orrule:

None.

Plain language analysis:

The proposed rules contained in this order reflect changes made by the United States Environmental

Protection Agency (EPA) in their regulations regarding the regulation matter less than 2.5 microns in size

(PM2.5). The Department needs to make this change in order to retain EPA approval of Wisconsin's air

permit programs.

PM2.5 is proposed to be included as a pollutant used to determine whether a facility is a major source of

air pollution. Additionally, increases in PM2.5 emissions will potentially trigger the need to obtain an air

pollution control construction permit, including requirements to control emissions to levels which represent

best available control technology or lowest achievable emission rate.

Additionally, the rule package includes some cleanup changes to otherwise unaffected existing rules.

These changes are proposed to include up-to-date test methods and definitions in these existing rules.

These changes do not change the effect or intent of these rules.

Summary of, and comparison with, existing orproposed federal regulation:

The proposed PM2.5 rules will make the regulations consistent with the equivalent Federal rules.

Comparison with similarrules in adjacent states (Illinois, Iowa, Michigan, and Minnesota):

The proposed rule is based on the federal rule changes. The adjacent states will all be implementing the

federal rule changes.

Summary offactual data and analytical methodologies used and how any related findings support

the regulatory approach chosen:

The proposed rule is based on the federal rule changes and the data and methodologies used by USEPA

in developing these rules. Some portions of the proposed rule have yet to be finalized by the USEPA.

Finalization of these rule sections is expected in Spring 2010. Placeholders for these final rule additions

are included in the proposed rule.

Analysis and supporting documents used to determine the effect on small business or in

preparation of an economic impact report:

An analysis of the effect of the proposed rules on small business was not performed since the proposed

rule only impacts major sources of air pollution in the State and conforms to federal requirements. Major
sources of air pollution are not typically small businesses. Additionally, USEPA has concluded that this

rule will not impact a significant number of small entities.

Effect on small business:

These rules should not have a significant economic impact on small businesses because major air

pollution sources do not generally meet the definition of a small business. The Small Business Regulatory

Coordinator may be contacted at SmaIiBusiness@dnr.state.wLus, or by calling (608) 266-1959.

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not

involve significant adverse environmental effects and would not need an environmental analysis under ch.

NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be

prepared before proceeding. This analysis would summarize the Departmenfs consideration of the

impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The Department anticipates that there will be no state fiscal effect and no local government costs as a

result of the proposed rules. In addition, the Department does expect the proposed rules will have a

significant fiscal impact on those private sector facilities requiring permits.

Agency contact person:

Steven Dunn

P.O. Box 7921

Madison, WI 53707

Phone: (608) 267-0566

Fax: (608) 267-0560

Email: Steven.Dunn@wisconsin.gov

Dated at Madison, Wisconsin 4ti 2t, 1.; V/O

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

By/kAl)fJ'

CrMatthew J. Frank, Secretary

/""'<.
Ad #: 1581171

Mal/to:

AM- ,,- It)

.capital Newspapers Proof of Publication Affidavit

Price: $341.50 Ad 10: AMLL - 709

Retain this portion for your records.

Please do notI'f!I11ltpayment untilyou your~rtlsing In . VOIce.

-WI DEPT NATURAL R

Sharon Reeve

Attn: Sharon Reeve

PO Box 7921

~~d!s.9-"-. WI 53707-7921 ,

!

, ---_..I

RECEIVED

MAY 7 Z010

AIR MANAGEMENT

STATE OF WISCONSIN

Dane County

55. Arlene Staff

being duly sworn, doth depose and sa
ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD 

RENUMBERING AND AMENDING, AMENDING AND CREATING RULES 

The Wisconsin Natural Resources Board adopts an order to renumber and amend NR 404.02 (4e) and 

(4m); to amend NR 400.02 (40), (70), (79), and (135), 405.02 (25k)(intro.), 406.04 (1) (n) (intro.) and 1. 

(intro.) and 2., 484.03 (5), and 484.04 (5) and (6g); and to create NR 400.02 (123m), 400.03 (4) (ki), 405.02 

(27) (a) 5m., 405.07 (8) (a) 3m., 406.04 (2) (cs), 407.03 (2) (be), 408.02 (32) (a) 5m., and 408.06 (1) (cm), 

relating to permit requirements for particulate matter emissions and affecting small business. 

AM-16-10 

Analysis Prepared by the Department of Natural Resources

1. Statute interpreted: The State Implementation Plan developed under s. 285.11(1) and (6), Stats., is 

revised. 

2. Statutory authority: ss. 227.11(2)(a), 227.14(1m)(b) and 285.11(1), (16) and (17), Stats. 

3. Explanation of agency authority: 

Section 227.11(2)(a), Stats., gives state agencies general rulemaking authority. Section 227.14(1m)(b), 

Stats., allows the Department to use the format of federal regulations in preparing a proposed rule if it 

determines that all or part of a state environmental regulatory program is to be administered according to 

standards, requirements or methods which are similar to standards, requirements or methods specified for 

all or part of a federal environmental program. Section 285.11(1), Stats., gives the Department authority to 

promulgate rules consistent with ch. 285, Stats. Section 285.11(16), Stats., requires the Department to 

promulgate rules, consistent with but no more restrictive than the federal clean air act, that specify the 

amounts of emissions that result in a stationary source being classified as a major source. Section 

285.11(17) requires the Department to develop and implement rules that define the term modification in a 

manner consistent with the clean air act. 

4. Related statute or rule:

None. 

5. Plain language analysis: The proposed rules contained in this order reflect changes made by the 

United States Environmental Protection Agency (EPA) in their regulations regarding the regulation of 

particulate matter less than 2.5 microns in size (PM2.5). The Department needs to make this change in 

order to retain EPA approval of Wisconsin’s air permit programs. 

PM2.5 is proposed to be included as a pollutant used to determine whether a facility is a major source of 

air pollution. Additionally, increases in PM2.5 emissions will potentially trigger the need to obtain an air 

pollution control construction permit, including requirements to control emissions to levels which represent 

best available control technology or lowest achievable emission rate. 

Additionally, the rule package includes some cleanup changes to otherwise unaffected existing rules. 

These changes are proposed to include up-to-date test methods and definitions in these existing rules. 

These changes do not change the effect or intent of these rules. 

6. Summary of, and comparison with, existing or proposed federal regulation: The proposed PM2.5 

rules will make the regulations consistent with the equivalent Federal rules with one exception. That 

exception is the inclusion of a maximum air quality impact that can be allowed to be exempt from preconstruction monitoring. The proposed value in this order is based on the lowest value proposed by EPA. 

7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota): The 

proposed rule is, with one exception, based on the federal rule changes. Adjacent states will all be 

1 
implementing the federal rule changes. Whether they adopt a value for a maximum air quality impact that 

can be allowed to be exempt from pre-construction monitoring in the absence of a final federal number is 

indeterminate at this time. Failure to adopt a number increases the stringency of the rule. 

8. Summary of factual data and analytical methodologies used and how any related findings 

support the regulatory approach chosen: The proposed rule is based on the federal rule changes and 

the data and methodologies used by EPA in developing these rules. One portion of the proposed rule has 

yet to be finalized by the EPA. 

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

preparation of an economic impact report: An analysis of the effect of the proposed rules on small 

business was not performed since the proposed rule only impacts major sources of air pollution in the 

State and conforms to federal requirements. Major sources of air pollution are not typically small 

businesses. Additionally, EPA has concluded that this rule will not impact a significant number of small 

entities. 

10. Effect on small business: These rules should not have a significant economic impact on small 

businesses because major air pollution sources do not generally meet the definition of a small business. 

11. Agency contact person: Steven Dunn, P.O. Box 7921, Madison, WI 53707, Telephone number: 

(608) 267-0566; e-mail address: steven.dunn@wisconsin.gov 

SECTION 1. NR 400.02 (40), (70), and (79) are amended to read: 

 NR 400.02 (40) “Coal” means all solid fuels classified as anthracite, bituminous, subbituminous 

or lignite by ASTM designation D388−99e D388-99e1 (2004), incorporated by reference in s. NR 484.10 

(7). 

 (70) “Fuel oil” means any petroleum−based fuel, including diesel fuel or petroleum derivatives 

such as oil tar, as defined in ASTM D396−02 D396-02a, incorporated by reference in s. NR 484.10 (8), 

and any recycled or blended petroleum products or petroleum by− products used as a fuel whether in a 

liquid, solid or gaseous state. 

 (79) “Heat input” means the total gross calorific value per unit of time of all fuels being burned, 

where gross calorific value of a fuel is measured by ASTM Method D240−02, D1826−94 or D5865−02

D5865-04, incorporated by reference in s. NR 484.10 (4), (26) and (55g). Where the test method gives a 

higher and a lower heating value, heat input is calculated in Btu per hour using the higher heating value of 

the fuel. 

SECTION 2. NR 400.02(123m) is created to read: 

2 
NR 400.02(123m) "PM2.5 emissions" means PM2.5 emitted to the ambient air as measured by an 

applicable reference method or an equivalent or alternative method specified by the department. 

SECTION 3. NR 400.02 (135) is amended to read: 

 NR 400.02 (135) “Residual fuel oil” means an industrial fuel oil of grade No. 4, 5 or 6, as 

determined by the specifications in ASTM D396−02 D396-02a, incorporated by reference in s. NR 

484.10 (8). 

SECTION 4. NR 400.03 (4) (ki) is created to read: 

NR 400.03 (4)(kh) “PM2.5” -- particulate matter with an aerodynamic diameter < 2.5 μm 

SECTION 5. NR 404.02 (4e) and (4m) are renumbered NR 400.02 (123e) and (123s), and as renumbered 

are amended to read: 

 NR 400.02 (123e) "PM2.5" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers as measured in the ambient air by a reference method based on 

Appendix N L 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. 

 (123s) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers as measured in the ambient air by a reference method based on Appendix J of 40 

CFR part 50, incorporated by reference in s. NR 484.04 (5), and designated in accordance with 40 CFR 

part 53, incorporated by reference in s. NR 484.03 (5), or by an equivalent method. 

SECTION 6. NR 405.02 (25k) (intro.) is amended to read: 

3 
NR 405.02 (25k) (intro.) "Replacement unit" means an emissions unit for which all the criteria 

listed in pars. (a) to (d) are met. No creditable emission reductions shall may be generated from shutting 

down the existing emissions unit that is replaced. 

SECTION 7. NR 405.02 (27) (a) 5m. in Table A is created to read: 

NR 405.02 (27) (a) 5m. PM2.5: 10 tpy, also 40 tpy of nitrogen oxides or 40 tpy of sulfur dioxide 

SECTION 8. NR 405.07 (8) (a) 3m. is created to read: 

NR 405.07 (8) (a) 3m. PM2.5 – 2.3 μg/m3

, 24 hour average 

SECTION 9. NR 406.04 (1) (n) (intro.) and 1. and 2. (intro.) are amended to read: 

NR 406.04 (1) (n) (intro.) Renovation or demolition operations involving friable asbestos 

containing regulated asbestos-containing material provided that the provisions of subd. 1. or 2. are met: 

1. The amount of asbestos containing regulated asbestos-containing material is less than 260 

linear feet on pipes or 160 square feet on other facility components. 

2. If the amount of asbestos containing regulated asbestos-containing material is at least 260 

linear feet on pipes or at least 160 square feet on other facility components, all of the following conditions 

are met: 

SECTION 10. NR 406.04 (2) (cs) is created to read: 

NR 406.04 (2) (cs) The maximum theoretical emissions from the source for PM2.5 do not exceed 

2.2 pounds per hour. 

SECTION 11. NR 407.03 (2) (be) is created to read: 

NR 407.03 (2) (be) The maximum theoretical emissions from the source for PM2.5 do not exceed 

4 
2.2 pounds per hour. 

SECTION 12. NR 408.02 (32) (a) 5m. is created to read: 

NR 408.02 (32) (a) 5m. PM2.5: 10 tpy; 40 tpy for nitrogen oxides; and 40 tpy for sulfur dioxide. 

SECTION 13. NR 408.06 (1) (cm) is created to read: 

NR 408.06 (1) (cm) PM2.5 emission increases may be offset by decreases in nitrogen oxides or 

sulfur dioxide emissions, that are otherwise creditable, at a ratio of 40 tpy of sulfur dioxide for each ton of 

direct PM2.5 emissions and 200 tpy of nitrogen oxides for each ton of direct PM2.5 emissions. 

SECTION 14. NR 484.03 (5) in Table 1 is amended to read: 

 NR 484.03 (5) 

Table 1 

CFR References 

CFR Reference Title Incorporated by Reference For 

(5) 40 CFR part 53 Ambient Air Monitoring Reference 

and Equivalent Methods 

NR 404.02(4e) and (4m)

NR 400.02 (123e) and (123s)

NR 404.06(3)(b) 

SECTION 15. NR 484.04 (5) and (6g) in Table 2 are amended to read: 

 NR 484.04 (6g) 

Table 2 

CFR Appendix References 

CFR Appendix 

Referenced 

Title Incorporated by Reference For 

(5) 40 CFR part 50 

Appendix J 

Reference Method for the 

Determination of Particulate Matter as 

PM10 in the Atmosphere 

NR 404.02(4m)

NR 400.02 (123s)

(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)

NR 400.02 (123e)

5 
6 

CFR Appendix 

Referenced 

Title Incorporated by Reference For 

SECTION 16. 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 17. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin 

Natural Resources Board on August 11, 2010. 

Dated at Madison, Wisconsin October 5, 2010. 

STATE OF WISCONSIN 

DEPARTMENT OF NATURAL RESOURCES 

By_____________/S/________________ 

 Matthew J. Frank, Secretary 

(SEAL) 
State of Wisconsin CORRESPONDENCE/MEMORANDUM

DATE: July 12, 2010 FILE REF: 4533 

TO: Natural Resources Board Members 

FROM: Matt Frank, Secretary 

SUBJECT: Background Memo for adoption of Board Order AM-16-10, proposed rules affecting NR 

400, 404 to 408, and 484 pertaining to permit requirements relating to particulate matter 

emissions.

Why is this rule being proposed?

This rule is being proposed to amend portions of Department rules to incorporate federal rule changes as 

required under s. 285.11(16) and (17), Wis. Stats. The revisions are based on changes in federal 

permitting regulations and are needed so the Department can retain US EPA’s approval of state air permit 

programs. 

Studies have shown significant health effects from exposure to fine particulate matter (PM2.5), including a 

connection between high PM2.5 levels and premature mortality. Adverse health effects also include 

aggravation of respiratory and cardiovascular disease, lung disease, decreased lung function, asthma 

attacks and certain other cardiovascular problems. Children, older adults and those with existing 

cardiovascular and respiratory diseases are particularly sensitive to the effects of PM2.5. 

Summary of the Rules

The rule proposes to: 

• Define major source thresholds for PM2.5 and significant emission increase level for PM2.5. 

• Establish significant impact levels and increment consumption thresholds for PM2.5. 

• Establish inter-pollutant trading ratios for PM2.5, SO2 and NOx. 

• Clarify existing non-attainment area permitting rules for permitting in PM2.5 non-attainment areas 

(presently Milwaukee, Waukesha and Racine counties are PM2.5 non-attainment areas and subject to 

non-attainment area new source permitting for PM2.5). 

The Department is proposing the lowest value proposed by US EPA for Section 8 of the proposed rule in 

lieu of a final promulgated federal number. This number is used to determine if monitoring may be 

required as part of a project. In actual practice, the Department does not require project monitoring to 

establish pre-construction background concentrations and instead relies on values generated from the 

existing State monitoring network. Therefore, there should be no impact on proposed projects regardless 

of whether US EPA promulgates this number or a slightly higher number in the future. 

The Department has also removed a proposed amendment to s. NR 405.14(4) related to Class I variances. 

The proposed amendment would have established a maximum allowable emission increase for PM2.5. The 

Department had thought that US EPA would promulgate this limitation as part of their overall effort to 

address PM2.5 permitting requirements. The Department does not now anticipate US EPA promulgating 

this limitation in the near future. 
2

 

How does this proposal affect existing policy?

Currently, PM2.5 is not regulated under the new source review program in PM2.5 air quality attainment 

areas. Under federal law and this proposed rule, PM2.5 will be regulated for all emission sources, with a 

permitting threshold at levels comparable to those previously set for larger particulate matter (PM and 

PM10). 

Permitting rules have been in effect in the three-county PM2.5 non-attainment area since that area was 

designated by EPA in December 2009. This proposal clarifies existing rules by defining a significant 

increase and establishing emission offset requirements. 

The department is required to update the state new source review rules to keep them consistent with the 

federal rules to maintain federal approval of Wisconsin’s new source review program. 

Hearing synopsis

Hearings on the proposed rule were held on June 7, June 8 and June 9, 2010 in Madison, Milwaukee and 

Wausau, respectively. Two people attended the hearing in Madison. No one attended the hearing in 

Milwaukee. There were four attendees at the hearing in Wausau. Two general comments in support of the 

proposed rule were received at the hearing in Wausau. 

Comments were received on the proposed rule on June 10 from the law firm of Pepper Hamilton on 

behalf of its client, glass manufacturer Saint-Gobain, Inc. These comments suggested a minor correction 

to the rule, three editorial changes and a recommendation that the Department conduct regional modeling 

to establish State specific inter pollutant trading ratios for NOx and SO2. The correction and two of the 

three editorial changes have been made to the proposed rule. The third editorial change has not been made 

as it would modify the term “PM2.5” in a way that has not been defined in Administrative Code. The 

Department is not able to do the regional modeling recommended by the commenter as the emission input 

information for the modeling is not available at this time. The Department estimates it will be mid-2011 

before this information may be available. 

Comments submitted by the Legislative Council Rules Clearinghouse were generally of a non-substantive 

nature. Changes specifically suggested by the Clearinghouse to be included in the final rule are included 

except for suggested changes to s. NR 405.02(25k)(intro.). The federal rule on which this rule is based 

has “substantive provisions” primarily contained in the definitions. The Department believes that it is 

both appropriate and allowed by s. 227.14(1m)(b), Stats., to maintain this format and has been carried it 

forward into ch. NR 405. 

No other comments on the proposed rule were received by the Department and the Department does not 

anticipate any controversy concerning adoption of the final rule. 

Information on environmental analysis.

Under ss. NR 150.03(3) and 150.03(6)(b)3., Wis. Adm. Code, an environmental analysis is not needed 

because this proposal is considered a Type III Action which does not result in material impacts on the 

human environment and where the Department has limited discretion in formulating all important 

provisions of the rule. 
3

Final Regulatory Flexibility Analysis.

Major sources that are currently subject to the Title V and PSD program generally do not qualify as small 

business under s. 227.114 (1), Wis. Stat. The proposed rule is not expected to have a significant impact on 

small business. 
Form 1100-001 NATURAL RESOURCES BOARD AGENDA ITEM Item No. _3.A.11__ ___ 

(R 9/07) 

SUBJECT:

Request adoption of Board Order AM-16-10, proposed rules affecting chs. NR 400, 404 to 408, and 484 pertaining to 

permit requirements for fine particulate matter emissions. 

FOR: AUGUST, 2010 BOARD MEETING

TO BE PRESENTED BY: Andy Stewart, Chief, Permits and Stationary Source Modeling section 

SUMMARY:

The proposed rules contained in this order reflect changes made by the United States Environmental Protection Agency 

(EPA) in their regulations regarding the regulation of particulate matter less than 2.5 microns in size (PM2.5) and several 

changes of a clean-up nature in otherwise affected rules. The Department needs to make these changes to the permitting 

program in order to retain EPA approval of Wisconsin’s air permit programs. 

PM2.5 is proposed to be included as a pollutant used to determine whether a facility is a major source of air pollution. 

Additionally, increases in PM2.5 emissions will potentially trigger the need to obtain an air pollution control construction 

permit, potentially including requirements to control emissions to levels which represent Best Available Control technology 

or Lowest Achievable Emission rate. 

In the past, the Board has often adopted updates to the air permit program rules to keep them consistent with federal 

regulations. 

There is no controversy expected over adopting these rules. 

RECOMMENDATION: That the Board adopt Order AM-16-10.

 

LIST OF ATTACHED MATERIALS:

No Fiscal Estimate Required Yes Attached 

No Environmental Assessment or Impact Statement Required Yes Attached 

No Background Memo Yes Attached 

APPROVED: 

________/S/________________________________________________________________ _____7-09-2010_________ 

Bureau Director, John H. Melby, Jr Date 

________/S/________________________________________________________________ _____7-12-2010_________ 

Administrator, Al Shea Date 

________/S/________________________________________________________________ _____7-22-2010_________ 

Secretary, Matthew J. Frank Date 

cc: Laurie Ross - AD/8 Linda Haddix - LS/8 

 Mike Scott - LS/8 R. Eckdale - AM/7