This article provides an overview of the Wisconsin Department of Natural Resources’ ongoing VOC Reasonably Available Control Technology (RACT) rulemaking and highlights what facilities should know as the rule progresses. While the rule is still under development, facilities with VOC emissions in Wisconsin may want to be aware of the potential regulatory changes and monitor future updates.
Current VOC RACT Requirements in Wisconsin
Reasonably Available Control Technology (RACT) is a Clean Air Act requirement that applies to certain existing facilities that emit volatile organic compounds (VOCs) in areas designated as nonattainment for ozone. RACT is intended to reduce emissions of ozone-forming pollutants through control measures that are technically feasible and economically reasonable for a given type of source.
In Wisconsin, VOC RACT requirements apply to facilities located in ozone nonattainment areas classified as Moderate or higher and generally affect two categories of sources.
- The first includes facilities operating within source categories for which the U.S. Environmental Protection Agency (EPA) has issued Control Techniques Guidelines (CTGs).
- The second includes major stationary sources of VOC emissions that are not covered by a CTG, commonly referred to as non-CTG major sources.
Currently, this impacts several counties in Southeast Wisconsin and along the Lake Michigan shoreline, including Milwaukee, Ozaukee, Racine, Kenosha, Sheboygan, Waukesha, and Washington. For affected facilities, RACT requirements are typically implemented through state administrative rules and facility-specific air permit conditions. These requirements may include VOC emission limits, material or coating VOC content limits, required use of control equipment, operational or work practice standards, and associated monitoring, recordkeeping, and reporting obligations.
Existing VOC RACT requirements in Wisconsin are addressed through portions of Wis. Admin. Code chapters NR 419 through NR 425, which contain VOC control requirements for various source categories and emission units. Compliance with RACT does not necessarily require installation of new control equipment in all cases; in some instances, compliance may be achieved through changes in materials, operating practices, or permit limits, depending on the source and applicable requirements.
What Is Expected to Change
The Wisconsin Department of Natural Resources’ rulemaking under Board Order AM-15-25 is expected to result in updates to the state’s VOC RACT program. While specific rule language is still being developed, the DNR’s Statement of Scope identifies several areas where revisions may occur to align Wisconsin’s rules with current federal Clean Air Act requirements.
Evaluation and Incorporation of Additional CTG Source Categories
The DNR is evaluating five U.S. EPA Control Techniques Guidelines (CTGs) that are not currently incorporated into Wisconsin administrative code. If incorporated, facilities operating within these source categories and located in ozone nonattainment areas may become subject to additional VOC RACT requirements, such as emission limits, material VOC content limits, or work practice standards. The CTGs under evaluation include:
- Aerospace manufacturing and rework operations
- Shipbuilding and ship repair operations
- Fiberglass boat manufacturing
- Automobile and light-duty truck assembly coatings
- Oil and natural gas industry operations
Development of VOC RACT Requirements for Non-CTG Major Sources
The rulemaking is also expected to address VOC RACT requirements for non-CTG major sources, which are facilities that emit VOCs at or above the applicable major source threshold but are not covered by an EPA CTG. Wisconsin does not currently have a comprehensive rule that applies RACT to all non-CTG major sources in ozone nonattainment areas.
Under the proposed approach, facilities located in ozone nonattainment areas with a potential to emit VOCs at or above the major source threshold (currently 100 tons per year in Moderate nonattainment areas) may be subject to additional RACT-related evaluations. These requirements could include a review of technically and economically feasible emission reduction options and may result in new or revised air permit conditions.
Revisions to Existing VOC Control Rules
The DNR anticipates revising portions of Wis. Admin. Code chapters NR 419 through NR 425 that relate to VOC controls. These revisions may include updates to compliance testing methods, control device performance expectations, and recordkeeping or reporting provisions to reflect current federal requirements and regulatory practices.
Consideration of Future Ozone Classification Changes
Although the current VOC major source threshold in Wisconsin remains 100 tons per year due to the court stay related to ozone classification, the DNR has indicated that the rulemaking is being developed to remain applicable if future reclassifications occur. If ozone nonattainment areas in Wisconsin are reclassified to Serious, the VOC major source threshold would decrease to 50 tons per year, which could increase the number of facilities subject to VOC RACT requirements.
Facilities That Should Monitor This Rulemaking
Facilities that may be subject to, or potentially affected by, this rulemaking include:
- Facilities with VOC emissions located in ozone nonattainment areas classified as Moderate or higher
- Major VOC sources, particularly those emitting at or near applicable major source thresholds
- Facilities operating in industrial sectors that may be impacted by newly incorporated CTGs
- Companies planning operational changes, expansions, or permitting strategies that could affect VOC emissions
Facilities in these categories may wish to track future WDNR announcements and evaluate whether upcoming regulatory changes could affect compliance obligations or permitting strategies.
Conclusion
Although the VOC RACT rulemaking under Board Order AM-15-25 is still under development, it represents an important regulatory initiative for facilities with VOC emissions in Wisconsin. Staying informed as the rule progresses can help facilities anticipate potential changes and plan accordingly.
Trinity has experience assisting clients with air permitting and regulatory compliance evaluations and can help facilities assess how proposed regulatory updates may apply to their operations. Contact Trinity’s Wisconsin office to discuss how Trinity can assist with this rule change and related compliance considerations for your facility.
