2011 - 2012 LEGISLATURE
June 28, 2011 - Introduced by
Joint Committee For Review of Administrative
Rules. Referred to Committee on Natural Resources.
1An Act to create
285.28 of the statutes; relating to: the regulation of emissions
2of hazardous air contaminants associated with agricultural waste and the
3partial suspension of rules promulgated by the Department of Natural
Analysis by the Legislative Reference Bureau
Under the federal Clean Air Act, the Environmental Protection Agency (EPA)
promulgates emission standards for hazardous air contaminants. EPA regulates
sources of those contaminants in categories that it identifies as sources that must be
regulated. Under current state law, when EPA promulgates an emission standard
for a hazardous air contaminant, the Department of Natural Resources (DNR) must
promulgate by rule a similar standard that may not be more restrictive than the
federal standard. Current law provides that if EPA does not promulgate an emission
standard for a hazardous air contaminant, DNR may promulgate an emission
standard for that hazardous air contaminant if DNR finds that the standard is
needed to provide adequate protection for public health or welfare and if the finding
is supported with certain written documentation.
This bill prohibits DNR from regulating sources that emit hazardous air
contaminants associated with agricultural waste except to the extent required by
This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in suspending
portions of sections NR 406.04, 407.03, and 445.08, Wis. Adm. Code, rules of the
Department of Natural Resources on May 24, 2011. The suspended portions of the
rules required an owner or operator of a source of emissions of hazardous air
contaminants associated with agricultural waste to implement, by July 31, 2011,
best management practices for handling those emissions.
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:
AB195, s. 1
285.28 of the statutes is created to read:
2285.28 Agricultural waste; hazardous air contaminants.
department may not regulate the emission of hazardous air contaminants associated 4
with agricultural waste except to the extent required by federal law.