Skip navigation.
Rule/Agency Summary/Status Link

AM-48-10E: NR 400, 405, 406 and 407

Dept. Of Natural Resources

Major Source Permitting Thresholds for Sources of Greenhouse Gas Emissions

Summary: Adjusts the major source permit emissions thresholds for greenhouse gases consistent with the U.S. EPA proposal known as the Tailoring Rule.

Status: Emergency Rulemaking Order Dec. 15, 2010; Public Hearing Notice Dec. 15, 2010; First Extension Request Approval June 10, 2011; Expires July 13, 2011

Rulemaking History

AM-23-07B: NR 404 and 408

Dept. Of Natural Resources

Revisions to State Ambient Air Quality Standards

Summary: Repeals ambient air quality standards for total suspended particulates (TSP) and adopts the EPA promulgated NAAQS for fine particulate matter and incorporates the corresponding federal PM2.5 monitoring requirements into ch. NR 484, Wis. Adm. Code.

 

Status: Scope statement, June 15, 2011; Public Hearing June 15, 2011; Rule proposed for Adoption, Background Memo, Fiscal Estimates and Exhibits June 15, 2011; Final Proposed Rulemaking Order July 15, 2011.
Rulemaking History

 

Proposed Air Quality Rules

AM-44-10: NR 419, 421, 422, and 423

Dept. of Natural Resources

VOC RACT Rules Corrections

Summary:The DNR sent updated VOC RACT rules to the EPA for approval in 2009, however, the EPA deemed those rules incomplete.

The DNR is currently working on a set of “trailer rules” to address the deficiencies in their 2009 rule package, and expects to have final rules adopted and sent to EPA in the late Fall of 2011, with EPA reviewing and approving the rules some time in 2012. 

 

Status: Scope Statement, Sept. 10, 2010; Public Hearing March 14, 2011; Rules Proposed for Adoption, Background Memo and Fiscal Estimate July 21, 2011.

Rulemaking History

Analysis

CR10-144


Dept. of Natural Resources

Incorporating Federal "Tailoring" Rules into Wisconsin's Major Source Permitting Rules

Summary: The EPA has adopted GHG rules that will subject sources of GHG emissions to regulations under the existing major source permitting program. This rule will subject thousands of small and previously unregulated sources to permitting requirements, so the EPA has found it necessary to also propose to adopt another rule to set higher applicability thresholds in order to avoid unduly burdening many small sources with the cost of meeting permitting requirements.

A revision of existing state major source permitting rules consistent with this federal action is necessary to ensure that smaller sources will not be subject to major source permitting requirements for GHG emissions in Wisconsin.

The NRB approved an emergency rule to incorporate the federal tailoring rules into Wisconsin's rules at its December 8, 2010 meeting. The emergency rule expires on May 14, 2011, so the DNR is also promulgating a permanent rule.

 
Status: Emergency rules expire May 14, 2011; Permanent Scope Statement Feb. 19, 2010; Public Hearing January 2011

Rulemaking History

Analysis

CR10-119


Dept. of Natural Resources

Construction and Operation Permit Requirements for Indirect Sources

Summary: The DNR’s Air Management staff has developed a streamlined approach to managing the indirect source permit program that will maintain appropriate analysis for large scale construction projects with potential adverse environmental impact, while reducing unnecessary modeling and review for approximately 90% of applications.

Status: Scope Statement, July 6, 2005; Public Hearings, November 2010

Rulemaking History

Analysis
 

NR 406, 407, 410, 438, 455 (AM-11-10)

Dept. of Natural Resources

Development of Best Management Practices to control emissions of hazardous air contaminants from agriculture waste

Summary: Establish best management practices that control hazardous air emissions from agriculture waste. Proposed rules may also address scope, timeframe for review, submittal and approval, testing, record keeping, and reporting requirements related to BMPs approved by DNR.

Status: Scope Statement, Feb. 5, 2010, Rules proposed for hearing, Background Memo and Fiscal Estimate, June 14th, 2011.

Rulemaking History

NR 406

NR 407

NR 410

NR 438

NR 445
 

NR 424 (AM-10-09)

Dept. of Natural Resources

VOC RACT for fiberglass boat manufacturing

Summary: Establishes reasonably available technology controls for volatile organic compound emissions from fiberglass boat manufacturing.

Status: Scope statement, March 10, 2009.

Rulemaking History

NR 424

CR10-119

Dept. of Natural Resources

Indirect Source Program and Diesel Truck Emissions

Summary: The Indirect Source Program was originally designed to ensure that there were no violations of the carbon monoxide air quality standards as cars idled in queue to enter or leave large venues. This rule shifts the Indirect Source Program’s emphasis from carbon monoxide to diesel exhaust and PM..
The proposed changes will enable the DNR’s Air Management staff to shift efforts from environmental assessment review and documentation to permit assistance and compliance activities. This proposal will also focus DNR staff resources to air contaminants of greater concern, such as particulate matter and diesel exhaust. Lastly, the proposal will align the indirect source permit program with previous streamlining initiatives for sources that have similar operations and air emissions.

 

Status: Scope statement, July 6, 2005; Public Hearings Nov. 2010

Rulemaking History

Analysis

 

Rule/Agency Summary/Status Links

Recently Adopted Air Quality Rules

CR10-050

Dept. of Natural Resources

Air Permitting Requirements for Particulate Matter

Summary: This rule incorporates federally mandated changes to the major source air permitting program to include particulate matter less than 2.5 microns in diameter as an air pollutant. It also makes minor clarifying changes to existing permitting rules.

Status: Scope Statement Feb. 2010; Public Hearings June 2010; Final Rulemaking Order October 2010

Rulemaking History

Analysis

CR10-049

Dept. of Natural Resources

Repair Costs for the Vehicle Inspection and Maintenance Program

Summary: This rule expands the coverage of the inflation-adjusted repair cost limit to all counties subject to the inspection/maintenance program, raising the lower limit for Sheboygan County. It also repeals emission limitations in NR 485.04 for the following tests: evaporative system integrity (pressure) test; evaporative system purge test; and steady-state tests.

Status: Scope Statement Feb. 2010; Public Hearings June 2010; Final Rulemaking Order October 2010

Rulemaking History

CR10-048

Dept. of Natural Resources

Relating to Air Pollution Requirements for Non-Federal Class I Area

Summary: Establishes rules and procedures for evaluating sources which may impact the Forest County Potawatomi Class I area; and makes minor clarifying changes to existing permitting rules.

Status: Scope Statement Feb. 2010; Public Hearings June 2010; Final Rulemaking Order October 2010

Rulemaking History

CR09-088

Dept. of Natural Resources

8-Hour Ozone and Lead NAAQS

Summary: The EPA recently promulgated new National Ambient Air Quality Standards (NAAQS). This DNR rule incorporates the EPA’s newly promulgated NAAQS for ozone and lead into NR 404 and the revised lead reporting requirements into NR 438.

Status: Scope Statement March 2009; Public Hearings December 2009; Final Rulemaking Order April 2010

Rulemaking History

CR10-047

Dept. of Natural Resources

Fees for Review of Applications to Construct or Modify Sources of Air Pollution

Summary: This rule increases the fees for reviewing applications to construct or modify sources of air pollution and establishes a policy of collecting fees for significant review work performed when an application is withdrawn.

Status: Scope Statement Dec. 2009; Public Hearings June 2010; Final Rulemaking Order Nov. 2010
 

Rulemaking History

Analysis

CR10-033

Dept. of Natural Resources

Revisions to BART to Address the Federal Vacatur of CAIR

Summary: The former state Best Available Control Technology (BART) rule allowed the owner/operator of electric generating units that would otherwise be affected by BART to avoid completing assessments for SO2 and NOx, if the units complied with the Federal Clean Air Interstate Rule (CAIR). In light of the vacatur of the Federal CAIR in federal court, these electric generating units are now BART affected sources and the owner/operator must complete BART assessments. This rule provides additional time and flexibility for compliance with BART for these units due to the size and complexity of SO2 and NOx control equipment for electric generating units.

Status: Scope Statement Nov. 2008; Public Hearings April 2010; Final Rulemaking Order Oct. 2010

Rulemaking History

CR10-046

Dept. of Natural Resources

Asbestos Fees

Summary: Increases fees for certain asbestos regulatory activities, and creates new fees for asbestos regulatory activities related to fire training burns and revised asbestos notifications.

Status: Scope Statement Nov. 2009; Public Hearings June 2010; Final Rulemaking Order Nov. 2010

Rulemaking History