SB 138

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

federal law.

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.