AB 160

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.