Skip navigation.

Recent Developments Blog

  • Statewide Electronics Recycling Mandate Begins Today
    September 1, 2010 :

    Beginning September 1, 2010 electronics can no longer be thrown away or incinerated in the state of Wisconsin. 2009 Wisconsin Act 50 applies to all Wisconsin residents, schools, and businesses. The ban includes all televisions, computers, cell phones and peripheral devices.  The Department of Natural Resources has a complete list of banned items on its website.

    The law establishing the ban also created a statewide electronics recycling program, under which electronics manufacturers pay to recycle a certain amount of electronics from households and schools each year. However, households and schools may still pay a recycling fee or be limited in the number of devices they can recycle at one time. There are also collection sites across the state where consumers can properly dispose of their used electronics.

     
    More
    Andrew Cook

  • The EPA Continues to Tinker with GHG Reporting Requirements

    August 23, 2010 :

     

    Monitoring greenhouse gases (GHG) has already begun and the first reports are due in a few short months, but for the third time this year the EPA is proposing amendments to the GHG reporting requirements. The EPA predicts that a final rule will be published by the end of 2010, which is good news considering the first reporting deadline is March 2011 and somewhere around 10,000 facilities will be impacted.
    More
    Andrew Cook

  • Regulatory Rules Strain Businesses
    August 17, 2010 :

    Jeff Landin, president of the Wisconsin Paper Council, recently authored an op-ed piece for the Post Crescent discussing the impact of the EPA’s proposed emissions standards for boilers and solid waste incinerators on Wisconsin businesses.
    More
    Andrew Cook

  • Tailoring Rules May Subject Wisconsin Businesses to Federal Permitting

    August 16, 2010 :

    The EPA has proposed two rules to ensure New Source Review Prevention of Significant Deterioration (PSD) permits that address greenhouse gases (GHG) are issued.

    The first rule directs 13 states to revise their permitting plans while all other states evaluate their plans to determine if they are adequate.

    The second rule creates a federal implementation plan for PSD permits in case a state finds its permits are not adequate and cannot revise them before the Tailoring Rule becomes effective in 2011. This plan gives the EPA temporary authority to issue permits for large GHG emitters in a state while the state revises its rules.
    More
    Andrew Cook

  • Natural Resources Board Rushes to Finalize Proposed Rules
    August 10, 2010 :

     

    The Wisconsin Natural Resources Board begins its two-day August meeting today in Superior. This meeting is notable because the DNR is rushing to finalize a number of proposed rules and submit them to the Legislature to meet the September 1 deadline. Under Wisconsin law, state agencies must submit all proposed rules and the accompanying reports to the Legislature by September 1 to be considered by the standing legislative committees this legislative session. Any rule submitted to the Legislature after September 1 is to be considered by the Legislature in the next legislative session. To meet the September 1 deadline, state agencies must submit extensive “record” requirements when filing the rule's report to the Legislature.
     
    The reason this year’s deadline holds considerable importance for many state agencies, particularly the DNR, is that Wisconsin will elect a new Governor this fall. Moreover, the elections this fall could alter the balance of either the Senate and the Assembly, or both. Therefore, the DNR is rushing to finalize a number of controversial rules knowing that those rules would likely garner more scrutiny by the next Legislature or Governor.
     
    To view the proposed rules the Natural Resources Board plans to consider today and tomorrow, click here to view its agenda.
    More
    Andrew Cook

  • EPA Rejects Claims of Flawed Climate Science
    August 5, 2010 :

    On July 29, 2010 the EPA re-affirmed its 2009 determination that climate change is real, is occurring due to emissions of greenhouse gases from human activities, and threatens human health and the environment by rejecting 10 petitions for reconsideration.
    More
    Andrew Cook

  • Potential Revisions to Water Quality Standards Regulation

    August 5, 2010 :

    Proposed changes to the rules governing water quality and conservation in Wisconsin have generated interest from all corners of the state. Wisconsin, however, is not the only place where water quality is an issue for debate. The EPA recently announced that it will hold public listening sessions on potential changes to the water quality standards regulation on August 24 and 26, 2010.
    More
    Andrew Cook

  • Phosphorus Rules Continue to Muddy the Regulatory Waters

    August 5, 2010 :

    Two state Senate panels recently heard testimony on the phosphorus rules that were adopted by the Wisconsin Natural Resources Board in June.
    More
    Andrew Cook

  • EPA Announces Additional Mandatory Greenhouse Gas Reporting Requirements

    July 29, 2010 :

     

    The EPA has finalized a regulation to require monitoring and reporting of greenhouse gas emissions from magnesium production, underground coal mines, industrial wastewater treatment, and industrial waste landfills. If emissions meet the reporting threshold, that source must begin monitoring GHG emissions on January 1, 2011, and must submit a first annual report to the EPA by March 31, 2012.
     
    This action adds these four source categories to the list of source categories already required to report greenhouse gas emissions. The EPA has now taken action on all outstanding source categories and subparts from the April 2009 proposal for the greenhouse gas reporting program.
     

    These GHG reporting rules are generally the first steps toward implementing GHG emissions limits and related climate change regulations.

    (This post was authored by Hamilton consulting Group's intern, Emily Kelchen, a third year law student at the University of Wisconsin Law School.)
    More
    Andrew Cook

  • Wisconsin Natural Resources Board Announces August Meeting Agenda
    July 28, 2010 :

    The Wisconsin Natural Resources Board recently posted its lengthy agenda for its upcoming two-day meeting, August 10 and 11. This is the last meeting items can be adopted at in order to become effective before elections and end of the year, so there are several weighty items on the agenda.

    The first of seven rules implementing the Great Lakes Compact are scheduled for adoption: CR10-061 Water Use Fees; CR10-060 Water Conservation & Water Use Efficiency; and CR10-059 Water Use Registration & Reporting. The DNR is also requesting the Board authorize hearings for DG-34-10, concerning Water Use Permitting, which is also part of the Great Lakes Compact.

    The Board is also set to adopt DG-24-09, which revises the groundwater quality standards in Ch. NR 140 Wis. Adm. Code. This action was tabled at the April NRB meeting after concern about limitations on aluminum limits was raised. The Board will only hear comments on the aluminum portion of the proposed rules.

    Several rules impacting air quality and permitting are also scheduled for adoption at the meeting. 

    The Board will vote on AM-06-09, affecting NR 433, which pertains to the implementation of Best Available Retrofit Technology (BART) requirements. The existing state Best Available Control Technology (BART) rule allows the owner/operator of electric generating units that would otherwise be affected by BART to avoid completing assessments for SO2 and NOx, if the units comply with the Federal Clean Air Interstate Rule (CAIR). According to DNR, in light of the vacatur of the Federal CAIR in federal court, these electric generating units are now BART affected sources and the owner/operator must complete BART assessments. The proposed rule is to provide additional time and flexibility for compliance with BART for these units due to the size and complexity of SO2 and NOx control equipment for electric generating units. This rule was moved to August from previous months.

    The DNR is proposing to revise s. NR 485.045, Wis. Adm. Code, pertaining to the repair cost limit for the state’s motor vehicle inspection and maintenance (I/M) program. This proposal will set the limit for vehicles in Sheboygan County to the same amount as the limit for the vehicles in the other counties subject to the program. The DNR is also proposing to repeal emission limitations in s. NR 485.04, Wis. Adm. Code, for tests that are obsolete due to changes in motor vehicle technology. These changes are up for adoption as Board Order AM-13-10.

    The DNR is requesting adoption of Board Order AM-06-10, which increases asbestos inspection fees and adds fees for review of revised notifications and inspection of fire training burns in NR 410.05.

    Board Order AM-09-10, affecting NR 410, comes from the DNR’s Bureau of Air Management. It proposes increasing the fees for reviewing applications to construct or modify sources of air pollution, and changes the present policy of not collecting fees for significant review work performed when an application is withdrawn.

    With Board Order AM-16-10, the DNR is proposing to incorporate federally mandated changes to the major source air permitting program to include particulate matter less than 2.5 microns in diameter as an air pollutant. This affects chs. NR 400, 404 to 408 and 484, Wis. Adm. Code. Board Order AM-12-10 modifies chs. NR 405 and 406 by establishing rules and procedures for evaluating sources which may impact the Forest County Potawatomi Class I area.

    The meeting is being held in Superior.

    (This post was authored by Hamilton Consulting Group's intern, Emily Kelchen, a third year law student at the University of Wisconsin Law School.)
    More
    Andrew Cook