DNR Holds Hearings on Regional Haze and Nonattainment Redesignation Request

The Department of Natural Resources will hold public hearings on the proposed Regional Haze SIP for the State of Wisconsin at 10 AM and the Milwaukee-Racine nonattainment area redesignation request and maintenance plan at 1PM on September 13, 2011.

Regional Haze

In 1999, the EPA promulgated the Regional Haze Rule to improve air quality in national parks and wilderness areas. The rule requires states, in coordination with the EPA, National Park Service, U.S. Fish and Wildlife Service, and the U.S. Forest Service to develop and implement air quality protection plans to reduce pollution that causes visibility impairment in 156 federally-protected parks and wilderness areas (mandatory Class I areas). The rule creates a regulatory goal of zero impairment of visibility from man-made emissions in these areas by 2064.

There are no mandatory Class I areas in the state; however, Wisconsin impacts the Boundary Waters wilderness area in Minnesota, the Seney wilderness area in Michigan, and Isle Royale national park in Michigan. In addition, the State of Vermont determined that Wisconsin significantly contributes to visibility impairment at Lye Brook Wilderness Area.

On January 9, 2009 the EPA issued findings that 37 states, including Wisconsin, missed Clean Air Act deadlines for submitting plans, or elements of plans, for implementing EPA’s Regional Haze Program. Under the CAA section 110(c), EPA is required to promulgate a Federal Implementation Plan (FIP) within two years of the effective date of a finding that a state has failed to submit a SIP. The FIP requirement is void if a state submits a regional haze SIP, and EPA approves that SIP within the two year period.

The DNR has developed a draft Regional Haze SIP and addendum based on the requirements of the Regional Haze Rule. This document describes Wisconsin’s fulfillment of SIP requirements established by the rule for purposes of remedying and protecting visibility in designated federal Class I areas. The document includes Wisconsin’s strategy for meeting reasonable progress goals by 2018 for Class I areas – which relies primarily on existing control programs across different source categories – and implementation of Best Available Retrofit Technology (BART) for affected major sources.

Comments on the SIP are due by Friday, September 16, 2011.

Milwaukee-Racine Nonattainment Area Redesignation Request

Section 109 of the Clean Air Act requires the EPA to establish National Ambient Air Quality Standards (NAAQS) for several types of air pollutants. Using this authority, EPA has created standards for six air pollutants: sulfur dioxide (SO2), particulate matter (PM2.5), nitrogen dioxide (NO2), carbon monoxide (CO), ozone, and lead.

In 1997, EPA set the 8-hour ozone standard at 84 parts per billion (ppb). The Milwaukee-Racine Nonattainment Area, which includes the counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha, has been designated nonattainment since 2004.

Despite having met the 1997 8-hour ozone standard on a statewide basis since 2008, Wisconsin counties cannot be redesignated to attainment until the EPA approves the state's VOC RACT (volatile organic compounds, reasonable available control technology) rules, and determines the state's SIP to be complete.

The DNR sent updated VOC RACT rules to the EPA for approval in 2009, however, the EPA deemed those rules incomplete. It is expected that after the legislature approves these current modifications, the EPA will review and approve the rules some time in 2012.

The Assembly Committee on Natural Resources is holding a hearing on the rule revisions on Wednesday, September 14, 2011. Comments on the request are due by September 30, 2011.

This post was authored by GLLF staff attorney Emily Kelchen.