NR 445 Revisions Final Rule Package

Natural Resources Board approves modifications to Ch. NR 445 and related chapters

At its February 24-25, 2004 meeting, the Natural Resources Board approved modifications to the Ch. NR 445 Rule Revision Package (Board Order AM-34-02). The approved order has now been sent back to the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources for their consideration.

• AM-34-02 as approved by the Natural Resources Board on Feb. 24, 2004 -- could load slowly [PDF 2,225 KB]
• Modifications to the Ch. NR 445 Rule Revision Package (Board Order AM-34-02) proposed for adoption at the February 24-25, 2004 Natural Resources Board meeting. The modification package included:
• The "Green Sheet" and "Background Memo" [PDF] which give an overview of the proposed modifications to the Natural Resources Board.
• The recommended modifications to the rule revision language [PDF.
• List of chemicals no longer proposed to be added to NR 445 [PDF]
• Miscellaneous amendments (errata sheet) to Board Order AM-34-02 (Revisions to NR 445), as of 4/22/03 - approved by the Natural Resources Board on February 25, 2004 [PDF]
• The February green sheet for AM-34-02 also included as its final attachment the October 3, 2003 letter to Secretary Hassett from Senators Kedzie and Johnsrud which was posted earlier [PDF].

Earlier documents

In 2002 the Department of Natural Resources recommended revisions to the Wisconsin Air Toxics Rule, Ch. NR 445 "Control of Hazardous Pollutants". Public hearings were held on this rule in August 2002 and the rule was revised to reflect public comments that DNR received. The Natural Resources Board first considered adopting the proposed rule revisions at its April 22-23, 2003 meeting. The revised rule (AM-34-02) package resulting from that meeting included:

• The "Green Sheet" (because it is printed on green paper), which constitutes the first page of the package that goes to the Natural Resources Board and gives an overview of the rule.
• Final "Green Sheet" [PDF]
• The "Background Memo" from Secretary Hassett to the Natural Resources Board that includes a summary of the rule revision and of the public comments.
• Final Background Memo to Natural Resources Board [PDF]
• The Fiscal Estimate, which assesses monetary effects the rule may have on state and local governments.
• Final Fiscal Estimate [PDF]
• The recommended rule revision language that shows proposed changes to the existing administrative codes. The changes affect many existing air pollution regulations, including, NR 400 (air pollution definitions), NR 406 (construction permits), NR 407 (operation permits), NR 410 (air permit, emission and inspection fees), NR 438 (air contaminant emissions inventory reporting requirements), NR 445 (control of hazardous pollutants), and NR 484 (incorporation by reference). The reader may want to refer to a current version of these rules to see how the changes would be made in context with the current rules. Here is a link to the Wisconsin Revisor of Statute's Administrative Code page:
  http://www.legis.state.wi.us/rsb/code.htm [exit DNR].
• Rule language as originally submitted for adoption [PDF 562 KB]

Additional documents sent to the Natural Resources Board:

• Attachment 1: Hearing Examiner’s Report for AM-34-02 [PDF]
• Attachment 2: Response to Public Comments [PDF]
• Attachment 3: Final Regulatory Flexibility Analysis [PDF]
• Attachment 4: Summary of State Hazardous Air Pollutant Programs [PDF]
• Attachment 5: Wisconsin Diesel Retrofit Technology Cost Analysis [PDF]
• Attachment 6: Letter from Wisconsin Department of Health and Family Services Regarding Coal Dust [PDF]
• Attachment 7: External Meetings and Presentations Following the Public Hearings [PDF]
• Attachment 8: Summary of Changes to Tables in NR 407, 438, and 445 [PDF]

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