Natural Resources Board Unanimously Votes to Repeal Outdated TSP Standard

At its June meeting, the Wisconsin Natural Resources Board (NRB) voted unanimously to grant GLLF’s petition for rulemaking to repeal the total suspended particulates (TSP) standard under Wis. Admin. Code § NR 404.04(3). GLLF drafted the petition on behalf of Wisconsin Manufacturers & Commerce (WMC).

Since 1987, the EPA has recognized that the TSP standards no longer serve a useful purpose. Large size particulate matter is regulated under the fugitive dust rule, and smaller particles are regulated under the PM10 and PM2.5 standards, rendering the TSP standards redundant and outdated. However, in Wisconsin, the TSP standards remained in place, imposing unnecessary and substantial compliance costs on Wisconsin businesses.

The NRB previously considered repealing the TSP standard in 1989 and 2008, but ultimately chose not to do so. Last fall, GLLF petitioned the Board to repeal Wisconsin’s outdated secondary 24-hour ambient air quality standard for particulate matter measured as TSP. Based on GLLF’s petition, the NRB decided to finally repeal the regulation.

On April 27, 2011, the Wisconsin Joint Committee for Review of Administrative Rules (JCRAR) suspended the TSP standard, sending a strong signal to the NRB that the rule was no longer necessary.

The GLLF is a new, non-profit, 501(c)(3) legal foundation . It does not charge attorneys’ fees for its legal services. Instead, the GLLF is fully funded through tax-deductible contributions from individuals, businesses, and private charitable foundations that support its mission.