2015 - 2016 LEGISLATURE
February 5, 2015 - Introduced by Representatives Craig, Czaja, Born, Brandtjen,
E. Brooks, Hutton, Jacque, Jarchow, Kleefisch, Knodl, Knudson,
Kooyenga, Kremer, Krug, Kulp, T. Larson, Mursau, A. Ott, Sanfelippo,
Swearingen, Thiesfeldt and Tittl, cosponsored by Senators Lasee,
Nass, Roth and Tiffany. Referred to Committee on Environment and
1An Act to create
285.27 (5) of the statutes; relating to: regulating air pollution
2from residential and commercial wood heaters.
Analysis by the Legislative Reference Bureau
The federal Clean Air Act requires the federal Environmental Protection
Agency (EPA) to establish regulations (called new source performance standards) to
limit air pollution from categories of air pollution sources that cause or contribute
significantly to air pollution that may endanger public health or welfare. A new
source performance standard does not apply to a source that is in existence when
EPA establishes the standard. The Clean Air Act authorizes EPA to delegate to a
state the authority to implement and enforce the new source performance standards.
In 1988, EPA established a new source performance standard for certain
wood-burning appliances used for residential heating, commonly called residential
wood stoves. In 2014, EPA proposed changes that would apply the new source
performance standard to more residential wood stoves and make it more stringent.
Current state law provides that, when EPA promulgates a new source
performance standard, the Department of Natural Resources (DNR) must
promulgate by rule a new source performance standard, which must be no more
restrictive than EPA's standard. DNR promulgated a new source performance
standard for residential wood stoves in 1990.
This bill prohibits DNR from promulgating a rule, or enforcing a federal
regulation, that specifies a new source performance standard or other emission
standard for residential or commercial wood stoves that is more stringent than any
new source performance standard in effect on December 31, 2014.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
285.27 (5) of the statutes is created to read:
285.27 (5) Residential and commercial wood heaters.
(a) In this subsection, 3
"residential or commercial wood heater" means an enclosed wood-burning appliance 4
intended for residential or commercial use to heat the space in which it is located or 5
to heat water for domestic or commercial use, including an appliance that is designed 6
to burn pellets made of wood.
(b) Notwithstanding sub. (1), the department may not promulgate a rule, or 8
enforce a federal regulation, that specifies a new source performance standard or 9
other emission standard for residential or commercial wood heaters that is more 10
stringent than any new source performance standard for residential or commercial 11
wood heaters in effect on December 31, 2014.