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The U.S. Environmental Protection Agency (EPA) is proposing to revise the federal air emissions reporting rule (AERR), 40 CFR 51. The DNR is following this proposed rule revision and wants to ensure you are aware of your opportunity to comment.
The proposed rule revision retains the responsibility of states to report criteria air pollutants to EPA, which Wisconsin does via the Air Reporting System (ARS), but also adds the requirement for owners and operators to report federal hazardous air pollutants directly to EPA – unless EPA approves the state’s system for reporting federal hazardous air pollutants in advance.
If the rule is finalized as proposed, reporting in both ARS and in the EPA system will be unavoidable for at least 3 years, beginning in 2027 (for calendar year 2026).
Additionally, EPA is proposing to require substantial additional data of owners and operators, including individual stack coordinates, federal rule applicability by emissions unit and all performance test data.
Comments are being accepted by EPA until Oct. 18: Federal Register: Revisions to the Air Emissions Reporting Requirements.
The DNR has made a final determination to modify the Wisconsin Pollutant Discharge Elimination System (WPDES) Mineral (Nonmetallic) Mining and/or Processing General Permit (general permit) No. WI-0046515-07-1.
The general permit is applicable to the point source discharge of pollutants to a water of the state associated with storm water and/or wastewater from nonmetallic mineral mining operations, nonmetallic mineral processing operations or other similar activities. Wastewater discharge activities covered under this permit include process generated wastewater, mine dewatering water, pit/trench dewatering water, vehicle washwater, dust suppression water from controlling dust at the site and other similar wastewaters as determined by the DNR to be applicable under this general permit on a case-by-case basis.
The modified general permit, fact sheet and Notice of Final Determination may be accessed on the Wastewater General Permits webpage. The modified general permit will become effective Oct. 1, 2023.
Inquiries regarding this permit modification may be directed to:
The DNR would like to remind construction site storm water permittees that winter is approaching. While timelines for successful vegetation establishment for areas of bare soil varies across the state, permittees should plan to seed bare areas by early fall to allow the vegetation time to establish.
Areas of bare soil that do not have established vegetation going into winter require other stabilization techniques to prevent soil loss and are a crucial component to keeping our waterways free of sediment.
The DNR recommends the following practices for winter preparation at construction sites:
- Seed areas of bare soil as early as possible following DNR’s Technical Standard 1059 Seeding for Construction Site Erosion Control.
- Areas with limited topsoil (less than 2 inches) may need special considerations for soil amendments.
- Compaction mitigation may be needed for areas that have been impacted during construction.
- Ensure that seed and vegetation have an adequate supply of water or make accommodations for watering. Use of water from sediment basins and traps for irrigation is acceptable.
- The use of mulch and erosion control matting may aid in vegetation establishment.
- Special stabilization consideration may be needed in areas of concentrated flow, near site boundaries, locations that drain to inlet protection, and steep slopes.
- Inspect existing vegetation to determine if stabilization has been achieved or if additional practices may be needed to intercept sediment laden storm water.
- Ensure the site has functioning erosion and sediment control practices that are maintained consistent with DNRs technical standards.
- Have a plan in place for winter measures that will be implemented to stabilize bare soil where vegetation has not been established after the growing season.
Celebrate Pollution Prevention (P2) Week with EPA! P2 Week is an opportunity to spread the word about the successes and benefits of P2 and learn new ways to prevent pollution. This year during P2 Week, EPA will host regional P2 awards and a webinar on leveraging private sector standards and ecolabels to meet sustainability goals. Look for information during P2 Week on EPA’s P2 website and @EPAChemSafety on Twitter.
Guidance: Post-Closure Modifications (RR-982)
The Remediation and Redevelopment (RR) Program is now seeking input on the publication Guidance: Post-Closure Modifications (RR-982). The purpose of this guidance is to aid in the preparation and review of post-closure modification (PCM) submittals to the DNR. Information about the types of PCMs, the process, fees and types of responses available from the DNR is provided. This guidance is for use by property owners, responsible parties, and environmental consultants. It is based on authority provided under § 292.12(6), Wis. Stat. and ch. NR 727, Wis. Adm. Code.
The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through Oct. 5, 2023 to Jenna Soyer at Jenna.Soyer@wisconsin.gov or DNRRRGuidance@wisconsin.gov.
EPA Proposing Regulatory Requirements for New HAP Additions
The EPA Administrator signed a proposed rule to address the regulatory impacts created when a new compound is added to the Clean Air Act (CAA) section 112 list of hazardous air pollutants (HAP). This is in response to the final rulemaking issued on January 5, 2022, where the EPA, for the first time, added a new HAP to CAA section 112(b). This action focuses on issues related to newly applicable standards for sources that become major sources solely from the addition of a compound to the CAA HAP list.
Three key decisions are proposed in this action:
- Confirmation that a NESHAP promulgated before a new HAP listing does not include the new HAP.
- Proposed determination that all affected sources are immediately required to comply with new NESHAP requirements are subject to existing source standards.
- Proposal to allow compliance time for sources subjected to NESHAP requirements because of new HAP addition.
For more information about this rulemaking, please visit https://www.epa.gov/stationary-sources-air-pollution/infrastructure-new-hap-additions. Comments on the proposed rule must be received on or before Nov. 13, 2023.
Using Ecolabels to Enable Impactful Sustainable Procurement: Sept. 21, 12-1 p.m. CDT
Learn from EPA’s Environmentally Preferable Purchasing (EPP) program how it leverages private sector sustainability standards and ecolabels to help federal purchasers identify and procure environmentally preferable products and services to meet the ambitious goals set by Executive Order 14057, the Federal Sustainability Plan and other directives. The webinar will provide an overview of sustainability standards and ecolabels, EPA’s evaluation process of these resources, and the cost savings and environmental benefits of using standards and ecolabels for federal purchasing. Register here.
Remediation and Redevelopment (RR) Program’s next Issues & Trends webinar: Oct. 25, 2023, 12-1 p.m. CDT
The scheduled presentation is titled Vapor Intrusion in Wisconsin – 2023 Updates and will be followed by time for questions.
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Active Alarms – Overview of long-term stewardship of vapor mitigation systems in Wisconsin
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Vapor Intrusion Resources for Local Governments - Debut of a new vapor intrusion webpage resource for local governments
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Technical Updates on Passive Sampling, Sewers, Cracks and other Pathways - Updates and lessons learned on topics including result variability, passive sorbent sampling, conduit VI and other preferential pathways, real-time sampling, investigation at new and renovated buildings in contaminated settings, rapid response mitigation and state funded vapor investigations.
A Zoom web conferencing registration link may be found on the RR Program’s Conferences and Training webpage. Recordings of previous Issues & Trends webinars may be found in the RR Program’s Training Library.
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