NR 445

Dept. of Natural Resources

Toxics Emissions; New Listings

Summary:  Adds close to 170 new substances to DNR's air toxics program 
(NR 445), with other substances already listed being added to other tables (e.g., non-carcinogens regulated as carcinogens). Some of the more common substances added would be asphalt fumes, crystalline silica (a component of sand), flour dust, wood dust, and coal dust. Diesel exhaust would now be regulated as a carcinogen. In addition, DNR proposes to significantly reduce regulatory threshold levels. Rule is currently being developed within DNR's 

NR 445 Advisory Committee.

Status: The last meeting of the advisory committee was Jan. 7, 2002; key Agenda items included an overview of the draft rule (NR 445 Draft #3) and the DNR "incidental emitter" proposal. (See Hamilton Consulting Group Dec. 3 NR 445 Article. ) The next meeting of the NR 445 advisory committee is Feb. 4, 2002. Final draft rule is expected to go to NR Board in May or June for hearing authorization.

NR 445 Draft #3

 Hamilton Consulting Group Dec. 3 NR 445 Article

Hamilton Consulting Group Small Emitters Proposal Article

Hamilton Consulting Group Air Spill Reporting Article

DNR NR 445 Advisory Group Page

NR 446

Dept. of Natural Resources

Mercury Air Deposition; Emission Limits

Summary: Creates mercury air program in response to a petition for rulemaking by various environmental and conservation groups to address mercury air deposition into the state's waters. Provisions will include: 1) Percentage reductions and a phased schedule for achieving the reductions; 2) Methodology for determining baseline emissions levels; 3) Emissions trading and banking system; 4) Alternative compliance options, such as projects that achieve mercury emission reductions from sources not covered by the rules; and, 5) Variances, such as deadline extensions or alternative emission limits, if DNR determines that compliance with the reduction requirements is not technologically feasible, would jeopardize electric reliability or would cause unreasonable hardship.

Status: Petition for rulemaking granted Dec. 6, 2000; Hearing authorization granted June 27, 2001; Technical Advisory Group's first meeting Aug. 13, 2001; PSC docket comment period closed Aug. 24; Informational briefings Sept. 5 and 6; Hearings Sept. 26, 27, Oct. 1, 2, 3; Citizens Advisory Group first meeting Oct. 1, 2001. DNR established two advisory groups to help finalize rule. The Public Sercie Commission of Wisconsin (PSC) opened docket to review rule's impact on state energy policies.The technical and citizens groups have met numerous time; DNR expects Citizen Advisory Group recommendations to Sec. Bazell in March 2002. DNR will finalize rule and present to NR Board for adoption.

  Hamilton Consulting Group Jan. 9 Mercury Article

PSC Comments

PSC Docket Summary of Comments

DNR Mercury Draft Rule Package

DNR Mercury Home Page

Hamilton Consulting Group Mercury Issue Brief - 
Part I

NR 437

Dept. of Natural Resources

Voluntary Emission Reduction Registry & Programs

Summary: Creates a system to register voluntary reductions of air pollutant emissions that are made before required by law. Rule is being developed through DNR's Voluntary Emission Reductions Registry Advisory Committee (formerly the Climate Change Committee of the DNR Clean Air Act Task Force). Key issues include establishing baselines, quantifying reductions, and determining what pollutants to be included.

A second, related advisory committee, DNR's Clean Air Voluntary Initiatives and Programs Workgroup, was tasked to review existing state programs, identify impediments, and make recommendations on improvements.

Status: On Nov. 26, 2001 the advisory committee reviewed NR 437 Draft #5. Hearing authorization Jan. 23, 2002; Hearings March; Adoption May 21, 2002; Effective Oct. 1, 2002.

Clean Air Voluntary Initiatives and Programs Workgroup last met on Nov. 5, 2001, to review EPA hurdles before Wisconsin voluntary programs and develop NR 437 registry guidance. Their next meeting is scheduled for Jan. 28, 2002. 

NR 437 Draft #5

Hamilton Consulting Group Registry Article (11/26/01)

DNR Voluntary Reductions Page

Hamilton Consulting Group Voluntary Reductions Issue Brief

1-Hour Ozone Standard; Maintenance Plan

Summary: After years of carrying the onerous 1-hour ozone nonattainment designation, Southeastern Wisconsin has finally "monitored" attainment for the 1999-2001 three-year period. The state now must submit an attainment maintenance plan that shows how the state will maintain the standard, which includes "contingency measures" that get implemented automatically if there is an exceedance. Generally, specific rules such as RACT for major sources remain in place as part of a maintenance plan, but there is enough flexibility to allow DNR to modify existing rules. For example, certain aspects of Wisconsin's December 2000 SIP submittal have not yet been implemented. DNR might be able to show their implementation is not necessary to maintain compliance with the standard. More likely, New Source Review (NSR) requirements such as offsets would go away.

Status: DNR held a joint meeting of the Wisconsin Partners for Clean Air and DNR's Clean Air Act Task Force on Oct. 25, 2002 to brief the groups on the pending redesignation process for attainment of the 1-hour ozone standard. DNR expects the redesignation process to continue through July 2002. 

DNR Redesignation Web page

Wisconsin's December 2000 SIP submittal [pdf, 66 pp.]

EPA proposed approval of 2000 SIP

Environmental Protection Agency

8-Hour Ozone Standard; Nonattainment Designations

Summary: EPA's new 8-hour ozone standard was upheld by U.S. Supreme Court on February 27, 2001. Various rule packages will emerge to implement the new rule, but the first, and possibly most important issue - determining which Wisconsin counties would be designated as nonattainment - may be addressed soon by EPA. In a January 19, 2001 memorandum, EPA set forth its preliminary findings on the 8-hour nonattainment designation issue. In that memo, EPA proposes that counties that are not violating the 8-hour standard to be considered nonattainment areas, including Dane, Brown, Outagamie, and Winnebago counties. Other counties considered nonattainment areas would be Door, Kenosha, Milwaukee, Ozaukee, Racine, Washington, Waukesha, Sheboygan, Rock, Manitowoc, Kewaunee, Walworth, and Jefferson. DNR recently published its 8-hour ozone violations for 2000.

Status: Preliminary designations proposed by EPA on Jan. 19, 2001; Uncertain when formal rule proposal will be published.

EPA's January 19, 2001 memo

EPA's Wis. Analysis

NR 120, 151, 152, 153, 154, 155, 216, 243

Dept. of Natural Resources

Nonpoint Source Pollution

Summary: Redesigns DNR's nonpoint source pollution program. Repeals and recreates NR 120 (priority watershed management program); creates NR 151 (runoff management performance standards); creates NR 152 (model ordinance for construction site erosion control and storm water management); creates NR 153 (targeted runoff management grant program); creates NR 154 (best management practices, conditions and technical standards); creates NR 155 (creation of the urban nonpoint source and storm water management grant program), revises NR 216 (storm water discharge permits); and, repeals and recreates NR 243 (animal feeding operations).

Status: Hearing authorization Jan. 24, 2001; Hearings Mar. 12-22, 2002; Final adoption scheduled for Jan. 22, 2002 NR Board meeting.

DNR Nonpoint News Article  
(12/ 27/01)

Hamilton Consulting Group Nonpoint News Article (12/27/01)

DNR Background Memo on Final Rule

DNR Nonpoint Initiative Page (includes links to final rule)