Chapter 285, AIR POLLUTION

285.01 Definitions. In this chapter, unless the context requires otherwise: (1) “Air contaminant” means dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination thereof but shall not include uncombined water vapor. (2) “Air con…

285.11 Air pollution control; department duties. The department shall: (1) Promulgate rules implementing and consistent with this chapter and s. 299.15. (2) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter and s. 299.15. (3) E…

285.13 Air pollution control; department powers. The department may: (1) Hold hearings relating to any aspect of the administration of this chapter and s. 299.15 and, in connection therewith, compel the attendance of witnesses and the production of evidence. (2) Issue orders to e…

285.14 State implementation plans. (1) CONTENT. The department may not submit a control measure or strategy that imposes or may result in regulatory requirements to the federal environmental protection agency for inclusion in a state implementation plan under 42 USC 7410 unless t…

285.15 Interstate agreement. After May 14, 1992, the governor may enter into an agreement with the governor of the state of Illinois, that may also include the governors of the states of Indiana and Michigan, that specifies measures for the control of atmospheric ozone that are n…

285.17 Classification, reporting, monitoring, and record keeping. (1) (a) The department, by rule, shall classify air contaminant sources which may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which relate to air pollu…

285.19 Inspections. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of a…

285.21 Ambient air quality standards and increments. (1) AMBIENT AIR QUALITY STANDARDS. (a) Similar to federal standard. If an ambient air quality standard is promulgated under section 109 of the federal clean air act, the department shall promulgate by rule a similar standard bu…

285.23 Identification of nonattainment areas. (1) PROCEDURES AND CRITERIA. The department shall promulgate by rule procedures and criteria to identify a nonattainment area and to reclassify a nonattainment area as an attainment area. After February 6, 2004, the department may not…

285.25 Air resource allocation. (1) DETERMINATION. The department, after considering the recommendations submitted under s. 144.355, 1979 stats., shall promulgate by rule procedures and criteria to determine the allocation of the available air resource in an attainment area. (2) …

285.27 Performance and emission standards. (1) STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES. (a) Similar to federal standard. If a standard of performance for new stationary sources is promulgated under section 111 of the federal clean air act, the department shall promulg…

285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law. History: 2011 a. 122.

285.29 Best available retrofit technology. (1) CASEBY-CASE SPECIFICATION. If visibility in an area is identified as an important value of the area under section 169A of the federal clean air act, the department shall specify on a case-by-case basis the best available retrofit tec…

285.30 Motor vehicle emissions limitations; inspections. (1) DEFINITIONS. As used in this section, unless the context requires otherwise: (a) “Federal act” means the federal clean air act, 42 USC 7401 et seq., and regulations issued by the federal environmental protection agency …

285.31 Gasoline vapor recovery. (1) DEFINITIONS. In this section: (a) “Gasoline dispensing facility” means a place where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks. (b) “Retail station” means a gasoline dispensing facility where gasoline i…

285.33 Employee trip reduction program. (1) AREAS. (a) The department shall issue documents that describe the areas of the state in which employee trip reduction programs are required by 42 USC 7511a (d) (1) (B). (b) The department may, by rule, determine areas of the state, othe…

285.35 Clean fuel fleet program. (1) DEFINITIONS. In this section: (a) “Clean alternative fuel” has the meaning given in 42 USC 7581 (2). (b) “Clean-fuel vehicle” has the meaning given in 42 USC 7581 (7). (c) “Covered fleet” has the meaning given in 42 USC 7581 (5). (2) AREAS. (a…

285.37 Reformulated gasoline. (1) DEFINITIONS. In this section, “reformulated gasoline” means gasoline formulated to reduce emissions of volatile organic compounds and toxic air pollutants as provided in 42 USC 7545 (k) (1) to (3). (2) AREAS. (a) The department shall issue docume…

285.39 Volatile organic compounds growth accommodation and replenishment. (1) GROWTH ACCOMMODATION CALCULATION. (a) The growth accommodation for any specified year, as calculated by the department, is the predicted emissions specified in par. (b) minus the sum of: 1. Net actual e…

285.41 Sulfur dioxide emission rates after 1992; major utilities. (1) DEFINITIONS. In this section: (a) “Annual emissions” means the number of pounds of sulfur dioxide emissions from all boilers under the ownership or control of a major utility in a given year. (b) “Annual heat i…

285.43 Sulfur dioxide emission rates; state-owned facilities. (1) LIMIT. After June 30, 1988, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input during any year from any large source, as defined under s. 285.45 (1) (a), that i…

285.45 Sulfur dioxide emission goals after 1992; major utilities and other large air contaminant sources. SUBCHAPTER VI SUBCHAPTER I DEFINITIONS

285.47 Nitrogen oxide emission goal; major utilities. (1) DEFINITION. In this section, “major utility” has the meaning given in s. 285.41 (1) (f). (2) GOAL. It is the goal of this state that, beginning with 1991, the total annual nitrogen oxide emissions from all major utilities …

285.48 Nitrogen oxide emissions reductions. (1) DEFINITIONS. In this section: (a) “Call” means a call to implement a state implementation plan that is issued by the federal environmental protection agency before October 29, 1999, or after that date arising out of a call issued be…

285.49 Trading program for nitrogen oxide emissions credits. The department shall establish or authorize air contaminant sources to participate in a market-based trading program for the purchase, sale and transfer of nitrogen oxide emissions credits for use in any state implement…

285.51 Solid waste incinerator operator certification. (1) In this section, “solid waste treatment” has the meaning given in s. 289.01 (39). (2) The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation o…

285.53 Testing emissions from medical waste incinerators. (1) TESTING FOR HAZARDOUS SUBSTANCES. (a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr., that has a capacity of 5 tons or more per day. (b) Requirements. 1. A…

285.54 Medical waste incinerator fees. (1) In this section: (a) “Medical waste incinerator” has the meaning given in s. 287.07 (7) (c) 1. cr. (b) “Municipality” means a city, village or town. (2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated…

285.57 Emission of ozone-depleting substances. (1) DEFINITION. In this section, “class I substance” has the meaning given in 42 USC 7671 (3). (2) MEDICAL STERILIZERS. (a) The department shall evaluate the progress toward eliminating the use of class I substances in medical steril…

285.59 Recovery of ozone-depleting refrigerants. (1) DEFINITIONS. In this section: (a) “Ozone-depleting refrigerant” has the meaning given in s. 100.45 (1) (d). (b) “State agency” means any office, department, agency, institution of higher education, association, society, or othe…

285.60 Air pollution control permits. 285.60(1)(1) New or modified sources. 285.60(1)(a)(a) Construction permit. 285.60(1)(a)1.1. Except as provided in sub. (2g), (3), (5m), or (6), no person may commence construction, reconstruction, replacement, or modification of a stationary …

285.61 Construction permit application and review. (1) APPLICANT NOTICE REQUIRED. A person who is required to obtain or who seeks a construction permit shall apply to the department for a permit to construct, reconstruct, replace or modify the stationary source. (2) PLANS, SPECIF…

285.62 Operation permit; application, review and effect. (1) APPLICATION REQUIRED. A person who is required to obtain an operation permit for a stationary source shall apply to the department for the permit on or before the operation permit application date specified under sub. (…

285.63 Criteria for permit approval. 285.63(1)(1) Requirements for all sources. The department may approve the application for a permit required or allowed under s. 285.60 if it finds: 285.63(1)(a)(a) Source will meet requirements. The stationary source will meet all applicable e…

285.64 Criteria for operation permits for stationary sources. (1) ISSUANCE TO SOURCES NOT IN COMPLIANCE; FEDERAL OBJECTION. (a) Notwithstanding s. 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operat…

285.65 Permit conditions. The department may prescribe conditions for an air pollution control permit to ensure compliance with this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15 and to ensure compliance with the federal clean air act if each condit…

285.66 Permit duration and renewal. (1) CONSTRUCTION. Unless otherwise specified in a construction permit, the authorization to construct, reconstruct, replace, or modify a stationary source is valid for 18 months from the date of issuance of the permit unless the permit is revok…

285.67 Permit revision, suspension and revocation. The department shall promulgate rules establishing criteria and procedures for revising, suspending and revoking air pollution control permits. History: 1979 c. 34, 221; 1989 a. 335; 1991 a. 302; 1995 a. 227 s. 491; Stats. 1995 s…

285.675 Pilot program for manufacturing facilities on brownfields. (1) In this section: (a) “Green Tier Program” means the program under s. 299.83. (b) “Registration permit” means an air pollution control permit under s. 285.60 (2g). (2) The department shall implement a pilot pro…

285.68 Failure to adopt rule or issue permit or exemption. The failure to adopt a rule or issue an air pollution control permit or the exemption or granting of an exemption from an air pollution control permit requirement does not relieve any person from compliance with any emiss…

285.69 Fees. (1) RULE MAKING. The department may promulgate rules for the payment and collection of reasonable fees for all of the following: (a) Application for permit. Reviewing and acting upon any application for a construction permit, except that the department may not impose…

285.70 Confidentiality of records. (1) Except as provided in sub. (2), the department shall make any record, report or other information obtained in the administration of this chapter and s. 299.15 available to the public. (2) The department shall keep confidential any part of a …

285.71 Federal aid. Subdivisions of this state and interlocal agencies may make application for, receive, administer and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control if first submitted t…

285.72 Air quality monitoring stations. (1) From the appropriation under s. 20.370 (4) (cv), the department shall fund the construction, operation, and maintenance of an air quality monitoring station in a county identified in its entirety as a nonattainment area for the 2008 8-h…

285.73 Local air pollution control programs. (1) After consultation with incorporated units of local government, any county may establish and thereafter administer within its jurisdiction, including incorporated areas, an air pollution control program which: (a) Provides by ordin…

285.75 County program. Instead of state review of plans and specifications, the department may authorize counties which are administering approved air pollution control programs to review and approve plans, specifications and permits of air contaminant sources being constructed, …

285.76 Notice concerning proposed area redesignations. (1) Within 5 days after the department receives notification that an American Indian tribal governing body proposes to redesignate an area under 42 USC 7474 for the purpose of the federal clean air act provisions concerning t…

285.77 Machinery use. The department may not require the use of machinery, devices or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices or equipment otherwise available. History: 1…

285.78 Registration of early emission reductions. (1) In this section: (a) “Carbon reserve” means any system that takes in and stores more carbon from the atmosphere than it releases to the atmosphere. (b) “Fine particulate matter” means solid or liquid particles with a diameter …

285.79 Small business stationary source technical and environmental compliance assistance program. SUBCHAPTER IX ENFORCEMENT; PENALTIES