Air Matters, April 2008

Volume 3, Issue 2

Bureau of Air Management
Wisconsin Department of Natural Resources
PO Box 7921
Madison WI 53707

• EPA Changes Air Quality Standard for Ozone
• Mercury Rule Comment Period Extended
• EPA Approves Construction Permit Waiver
• New Brochure Available for Printers
• Air Bureau Director Announces Retirement

EPA Changes Air Quality Standard for Ozone
By Marty Burkholder

The U.S. Environmental Protection Agency (EPA) has established a new primary and secondary air quality standard for ozone at 0.075 parts per million (ppm) based on an 8-hour rolling average concentration. The EPA evaluated numerous studies and public comments and concluded that the old standard was not adequate to protect public health and welfare. The old ozone standard was 0.08 ppm.

The federal Clean Air Act requires that EPA review the National Ambient Air Quality Standards every five years and revise the standards as necessary. The Act also requires EPA to set both a primary standard to protect public health with an adequate margin of safety, and a secondary standard to protect public welfare from any known or anticipated adverse effects. EPA does not consider costs when setting the standards.

Exposure to ozone can cause serious health effects such as:

• Decreased lung function
• Increased asthma attacks
• Depressed immune system
• Change in lung structure
• Premature death

The effects on welfare and the environment include:

• Reduced crop and forest yields
• Interference with ecosystems (biodiversity)
• Damage to buildings and materials

In considering possible changes to the secondary standard, EPA focused on reduction of crop and forest yields because of the difficulty assessing the extent of material damage or biodiversity changes resulting from ozone exposure.

On March 12, 2008, the EPA Administrator signed the new standard and it was published in the Federal Register on March 27, 2008. EPA set both the primary and secondary ozone standard at 0.075 ppm (75 parts per billion). In setting the standard to three significant digits, EPA eliminated a rounding convention that made the 1997 standard of 0.08 ppm effectively 0.085 ppm. A violation of the standard occurs by comparing the "design value" (which is the average of the fourth highest concentration at a monitoring site for three consecutive years) to the level of the standard. If the design value is greater than 75 ppb, a violation has occurred. A design value less than or equal to 75 ppb meets the standard.

Air quality monitoring conducted by the Department of Natural Resources shows that in the last three years (2005 through 2007), nine counties in Wisconsin recorded violations of the standard. The counties are Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan and Walworth. In addition, eight counties were very close to violating the standard, having design values of 74 or 75 ppb. Those counties include: Brown, Columbia, Dane, Dodge, Fond du Lac, Jefferson, Outagamie and Rock. See 8-hour Preliminary Design Values map for more details.

The effective date for the new ozone standard is May 27, 2008. EPA must designate non-attainment areas (those areas that don’t meet the standard) by March 12, 2010. States with non-attainment areas must submit State Implementation Plans by March 12, 2013 that outline what they will do to meet the standard. Wisconsin and neighboring states have already adopted a number of new requirements to reduce ozone-causing emissions such as SOx (sulfur oxides) and NOx (nitrogen oxides). In addition, the, state expects that the multi-pollutant option in its pending mercury rule for coal-fired power plants will also substantially reduce SOx and NOx emissions. EPA will consider monitoring data from 2008 and possibly 2009 before making non-attainment area designations. .

For more information on ozone and the new standard, please see EPA’s ozone web site [exit DNR] or DNR’s ozone web pages. You can also contact Larry Bruss, Chief of the Air Management Regional Pollutant and Mobile Sources Section, at 608-267-7543 or email Larry.Bruss@wisconsin.gov.

Thanks to Larry Bruss for his invaluable contributions to this article.

Mercury Rule Comment Period Extended

In response to a request from six organizations, DNR Secretary Matthew Frank has approved an extension of the public comment period until May 5, 2008 for the mercury rule to regulate emissions from coal-fired power plants. The previous deadline for written comments had been April 14, 2008. The Department encourages interested parties to submit written comments as soon as possible even if supplemental material will be submitted by the May 5th deadline.

For more information on the rulemaking, see the Air Management program's mercury page. For more information on the mercury rule, please contact Jon Heinrich at 608-267-7547 or Jon.Heinrich@wisconsin.gov.

EPA Approves Construction Permit Waiver
By Joe Brehm

The U.S. Environmental Protection Agency has given Wisconsin DNR final approval to issue construction permit waivers for minor sources provided a source can demonstrate that it would incur undue hardship if the waiver was not granted. USEPA’s approval is effective April 10, 2008 and does not apply to major sources, sources which take limitations to keep them from becoming a major source, or sources located near Class I areas.

Construction permits are typically issued prior to when a source even breaks ground to construct its new facility. This waiver would allow a source to do all the necessary construction work prior to operating the new source. To receive a construction permit waiver, the source has to submit a complete construction permit application and a complete waiver request.

The DNR considers that undue hardship may result from any of the following:

• Adverse weather conditions.
• Catastrophic damage of existing equipment.
• A substantial economic or financial hardship that may preclude the project.
• Other unique conditions on a case-by-case basis.

The situation which has necessitated the waiver request should be described in detail. Waiver requests based on economic or financial hardship must include specific monetary values of the hardship. Requests can be mailed to the local DNR office or to the Bureau of Air Management.

The cost for the waiver is $300 and the fee must be submitted with the waiver request, otherwise the application is not complete. The DNR must respond back to the applicant either approving or denying the request within 15 days of receipt of a complete waiver request. If the waiver is approved, the source may start construction. The waiver does not allow the source to operate and it cannot begin initial operation until the construction permit is issued. Granting the waiver does not obligate the Department to approve the air permit application for the source.

A waiver does not relieve the applicant from the obligation to comply with all other applicable regulations or requirements. In other words, the applicant proceeds with construction at their own risk.

For more information on construction permit waivers, please contact Joe Brehm at 608-267-7541 or Joseph.Brehm@wisconsin.gov.

Brehm is an air management engineer located in Madison.

New Brochure Available for Printers

The Department of Natural Resources has developed a new brochure especially for the printing industry called "Air Permit Options for Wisconsin Printers". The brochure lists the different types of permit options available and the steps for determining which of the options may be best for a particular printing business. It also includes a list of contacts for DNR staff as well as the Department of Commerce Small Business Clean Air Assistance program. To receive a copy of the brochure, please send an e-mail to: DNRAirEducation@wisconsin.gov and ask for Publication AM-386 2008.

Air Bureau Director Announces Retirement

Kevin Kessler, Director of the DNR Bureau of Air Management, has announced his retirement effective April 30, 2008. A 37-year veteran of the DNR, Kessler served as Director of the Bureau of Air Management for the past 2 1/2 years.

During his tenure as Air Management Director, the Bureau implemented the air permit streamlining program and adopted numerous new regulations to dramatically reduce air pollution. Earlier in his career Kessler had served as Safe Drinking Water Coordinator, Chief of Private Water Supply, Groundwater Chief and Deputy Director of the former Bureau of Solid and Hazardous Waste Management. Al Shea, Administrator of the Division of Air and Waste Management, intends to name an acting bureau director prior to the effective date of Kessler's retirement.

 

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