SB 23

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.