Wisconsin has delegation of all existing and future "unchanged" Part 60 New Source Performance Standards (NSPS) and Part 61 National Emission Standards for Hazardous Air Pollutants (NESHAPs) standards. Wisconsin has primary implementation and enforcement authority for the delegated standards.
Section 111 of the federal Clean Air Act directs EPA to establish pollution control requirements for certain industrial activities which emit significant "criteria air pollutants." These requirements are known as new source performance standards (NSPS) and regulate pollutants such as particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides, volatile organic compounds, acid mist, total reduced sulfur and fluorides. NSPS are detailed in Chapter 40 of the Code of Federal Regulations, Part 60 (40 CFR Part 60), and are intended primarily to establish minimum nationwide requirements for new facilities.
Section 112 of the pre-1990 federal Clean Air Act directed EPA to establish standards to reduce emissions of hazardous air pollutants (HAPs). These pollutants include asbestos, benzene, beryllium, inorganic arsenic, mercury, radionuclides, and vinyl chloride. NESHAPs are detailed in 40 CFR Part 61 and establish minimum nationwide requirements for existing and new facilities.
Specific Authorities Retained by EPA
In general, EPA does not delegate to state or local agencies the authority to make decisions that are likely to be nationally significant, or alter the stringency of the underlying standards.
As additional assurance of national consistency, state and local agencies must send to EPA Region 5 Air Division’s Enforcement Office Chief a copy of any written decisions made pursuant to the following delegated authorities:
- Applicability determinations that state a source is not subject to a rule or requirement;
- Approvals or determination of construction, reconstruction or modification;
- Minor or intermediate site-specific changes to test methods or monitoring requirements; or
- Site-specific changes or waivers of performance testing requirements.
The following provisions of Subpart A are not delegated: Sections 60.4(b), 60.8(b), 60.9, 60.11(b), 60.11(e), 60.13(a), 60.13(d)(2), 60.13(g), and 60.13(i). Subpart B and Subpart C (NSPS Subparts Ca - Ce) have not been delegated to state and local agencies. They describe requirements for states to adopt and submit plans for designated facilities. These State Plans must be reviewed and approved by EPA. The authority to approve State Plans cannot be delegated to states.
The following provisions of Subpart A are not delegated: Sections 61.04(b), 61.04(c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and 61.16.
Federal Register Notice: July 16, 1984 - Standards of Performance for New Stationary Sources; National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to StatesYou may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.
- Wisconsin NSPS NESHAP Delegation Request - August 1983 (PDF)(1 pg, 121 K, Aug.10, 1983)
- Wisconsin NSPS NESHAP Delegation - September 1983 (PDF)(4 pp, 460 K, Sept. 27, 1983)
- Wisconsin NSPS NESHAP Delegation Request - October 1983 (PDF)(1 pg, 110 K, Oct. 20, 1983)
- Wisconsin NSPS NESHAP Delegation - April 1988 (PDF)(5 pp, 481 K, April 8, 1988)