LRB-1858/1
RNK:nwn:jf
2011 - 2012 LEGISLATURE
May 26, 2011 - Introduced by Joint Committee For Review of Administrative
Rules. Referred to Committee on Natural Resources and Environment.
SB110,1,4
1An Act to renumber 285.21 (4); and
to create 285.21 (4) (a) and 285.21 (4) (c)
2of the statutes;
relating to: ambient air quality standards established by the
3Department of Natural Resources and the suspension of a rule promulgated by
4the Department of Natural Resources.
Analysis by the Legislative Reference Bureau
Under the federal Clean Air Act (CAA), the Environmental Protection Agency
(EPA) has established national ambient air quality standards (NAAQS) for each of
six air pollutants. Under current state law, when EPA establishes an NAAQS for a
pollutant, the Department of Natural Resources (DNR) must promulgate by rule a
similar standard that may not be more restrictive than the federal standard.
Generally, the EPA establishes two types of standards. Standards that are
established to protect public health are primary standards and standards that are
established to protect public welfare are secondary standards.
Current law provides that if EPA modifies an NAAQS that was in effect on April
30, 1980, DNR must alter the corresponding state standard unless it finds that the
modified standard would not provide adequate protection for public health and
welfare. This bill provides that the requirement that DNR alter a corresponding
state standard does not authorize DNR to alter any state secondary standard so that
it is more restrictive than the corresponding federal standard.
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
section NR 404.04 (3), Wis. Adm. Code, a rule of the Department of Natural
Resources on April 27, 2011.
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:
SB110, s. 1
1Section
1. 285.21 (4) of the statutes is renumbered 285.21 (4) (b).
SB110, s. 2
2Section
2. 285.21 (4) (a) of the statutes is created to read:
SB110,2,53
285.21
(4) (a) In this subsection, "secondary air quality standard" means the
4level of air quality that may be necessary to protect public welfare from unknown or
5anticipated adverse effects.
SB110, s. 3
6Section
3. 285.21 (4) (c) of the statutes is created to read:
SB110,2,107
285.21
(4) (c) Paragraph (b) does not authorize the department to alter a state
8secondary air quality standard so that it is more restrictive than the corresponding
9federal standard or to enforce a state secondary air quality standard that is more
10restrictive than the corresponding federal standard.
SB110,2,1512
(1)
The legislative reference bureau shall publish a notice in the Wisconsin
13Administrative Register stating that section NR 404.04 (3), Wisconsin
14Administrative Code is repealed by this act as provided under section 227.26 (2) (i)
15of the statutes.
