US EPA has published a final rule which disapproves portions of the Wisconsin State Implementation Plan (SIP) for control of particulate matter under the Clean Air Act (CAA).
In disapproving the Wisconsin program, EPA final rulemaking referenced Wisconsin’s definition of ‘‘regulated NSR air contaminant’’ as providing generic language to define what constitutes a regulated NSR pollutant; however, EPA concluded that the State’s current rules do not contain provisions that would directly account for PM2.5 and its precursors in NSR permitting. Because Wisconsin has not yet made these required revisions after issue of the proposed rule, EPA is finalizing a disapproval of this narrow portion of Wisconsin’s infrastructure SIP for the 2006 PM2.5 NAAQS with respect to the explicit identification of PM2.5 precursors.
WDNR had submitted a comment letter to EPA disagreeing with its proposed disapproval of portions of the WNDR infrastructure SIP for the 2006 PM2.5. Wisconsin argued that its infrastructure SIP submissions have clearly stated that WDNR has the resources and authorities necessary to implement and satisfy the requirements of the CAA for PM2.5 and PM10. Citing the definition of ‘‘regulated NSR air contaminant’’ in Wisconsin Administrative Code NR 405.02(25i) as including ‘‘any contaminant for which a national ambient air quality standard has been promulgated and any constituents or precursors for the air contaminant identified by the administrator,’’ WDNR believed that it has been applying the PSD program in accordance with the explicit identification of precursor(s) to PM2.5 and ozone. WDNR also noted that it has been accounting for condensable particulate matter in its PSD permitting program since the beginning of the program.