An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

EPA in Wisconsin

Wisconsin (Part 63) MACT Standards Delegations

Clean Air Act Section 112 Major and Area Source Standards

EPA's final delegation approval of Section 112 NESHAP standards for Wisconsin constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability.

EPA approved, through a “direct final” procedure, Wisconsin's request for delegation of the Federal air toxics program contained within 40 CFR Parts 61 and 63 pursuant to Section 112(l) of the CAA as amended, effective June 2, 1997. The State's requested mechanism of delegation involves either the delegation of all existing and future Section 112 standards as federally promulgated, for promulgation as State standards (or rules), or to incorporate Federal standards into State air pollution control permits, reserving the right to promulgate the standards as a State rule at a later time. The actual delegation of authority occurs through a memorandum of agreement (MOA) between the Wisconsin Department of Natural Resources (WDNR) and EPA.

Currently, Wisconsin has only taken formal delegation of six (6) Federal MACT standards:
  1. Chromium electroplating
  2. Degreasing Organic Cleaners
  3. Industrial Cooling towers
  4. Perc Dry Cleaners
  5. Secondary lead smelters

WDNR has both implementation and enforcement authority for these rules and the rules have been incorporated into Wisconsin State rules.

For all other MACT standards, WDNR has chosen to incorporate the Federal standards into State air pollution control permits (Title V’s) to be used as a mechanism for implementation and enforcement authority. WDNR has chosen not to take full or partial delegation of newly promulgated area source MACT rules.

Federal Register Documents for Approval of Section 112(l) Program of Delegation

The Wisconsin database will be made available as a spreadsheet.

You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.