The Great Lakes Legal Foundation testified at the May 21 meeting of the Wisconsin Natural Resources Board on Board Agenda Item 2.A.1. – Approval of the Department’s recommendation contained in the report to the Board on Wisconsin’s State Mercury Air Emission Rule.

The Foundation supported the Department’s recommendation to modify the state mercury rule to begin second phase emissions reductions on April 16, 2016, rather than the current January 1, 2015 compliance date. However, the Foundation testified that this recommendation is unnecessary and based on a flawed reading of the law.

EPA has proposed to significantly reduce emissions of conventional air pollutants from cars and trucks while at the same time reducing the amount of sulfur in the nation’s gasoline supply. The new rules, which are known as “Tier 3” emissions and fuel standards, attempt to harmonize federal emissions requirements with California state requirements, creating one national market for automobiles.

The EPA has formally proposed revisions to its effluent guidelines for stormwater discharges from construction and development point sources. The proposed rule would make several revisions to the non-numeric requirements of the existing rule, as well as withdraw the numeric discharge standards.

On March 28, EPA finalized revisions to the Mercury and Air Toxics Standards, or MATS (also known as “Utility MACT”) for new power plants, which were originally promulgated in February 2012.

The EPA has released its long-awaited proposed rule for regulating pollution discharges into waters of the United States from 1,200 power plants nationwide, as well as from any new plants.

The EPA, Wisconsin Power and Light Company (WPL), and various co-defendants and co-plaintiffs, have entered into a settlement agreement which will significantly alter Wisconsin’s energy generation portfolio and cost over a billion dollars. This action is part of a larger EPA plan to “eliminate or minimize emissions from coal-fired power plants, cement plants, glass plants and acid plants, which have been shown to seriously affect human health and the environment, by ensuring that there are no under-controlled coal-fired electric generating units, cement, acid, or glass plants.”

Sofie E. Miller, a policy analyst at George Washington University's Regulatory Studies Center, exposes the failure of the federal retrospective review of rules to generate benefits for the regulated community. Miller's analysis, summarized in Reducing Burdens? Tier 3 Tells Another Story, found that agencies may be adding new regulatory hurdles under the cover of the review program.
 

A recent report prepared the Institute of Medicine (IOM) at the request of the EPA explores how government officials should make regulatory decisions when they lack perfect answers to key questions.

Depending on the type of equipment they use and the air pollutants emitted from that equipment, some local wastewater treatment plants and water supply systems in Wisconsin may be required to get an air pollution control permit from Wisconsin DNR.

A new factsheet, WWTP and Water Supply Systems – Do I Need an Air Pollution Permit?, has been developed to help operators of wastewater treatment plants and water supply systems determine whether they need to get an air pollution permit, as well as the requirements for emergency engines or generators used at these facilities.
 

Federal cabinet secretaries rarely serve for the entire time the President who appointed them is in office, such is the case with the U.S. EPA and the Dept. of Energy.

Using data from the 2008-2009 National Rivers and Stream Assessment, the EPA has determined that 55% of the nation’s streams and rivers are in poor condition for aquatic life.

The EPA’s independent Science Advisory Board (SAB) has announced the formation of a Hydraulic Fracturing Research Advisory panel. This panel of independent experts will peer review EPA’s 2014 draft report of results for its national study on any potential health and environmental impacts of fracking on drinking water resources.

The EPA and DOJ have announced the lodging of a proposed consent decree that requires Lake Michigan Carferry Service, Inc. (LMC) of Ludington, Michigan, to eliminate the discharge of coal ash into Lake Michigan by the S.S. Badger by the end of the 2014 sailing season.

In Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a discharge from a point source that requires an NPDES permit. The decision upholds EPA’s interpretation of its own regulations and overturns a 9th Circuit decision which had held that permits were necessary for logging runoff.

EPA Faces Challenges in Addressing Damage Caused by Airborne Pollutants

In March 2012, Gov. Walker signed into law 2011 WI Act 118, which requires property owners to mitigate for wetland impacts if they receive permission to fill wetlands under an individual permit. Guidelines covering what counts as mitigation under the law have been drafted and are now available for public comment through March 15.

The DNR has undergone many changes under the leadership of Sec. Cathy Stepp, whose deputy, Matt Moroney, discussed the impact those changes have had on the agency and its relationship with the public at a recent agricultural seminar. A summary of his in-depth remarks was included in the latest edition of the popular Agri-View News.

Wisconsin's popular Agri-View News recently drew attention to the EPA's plan to more closely monitor dairies in the future.

The Energy Information Administration at the U.S. Dept. of Energy recently released an article discussing the projected cellulosic biofuel shortfall and its implications.

The EPA has released a new tool that allows the public to see graphical illustrations and maps of enforcement and compliance data for waste, air, and water programs across the country.