Air Permits_Content Page_Rulemaking to Revise Chapter NR 439

Rulemaking to Revise Chapter NR 439

Background

Chapter NR 439 establishes consistent and predictable methods for sources of air contaminants to use when demonstrating compliance with air pollution requirements.

Under the Wisconsin Statutes, the DNR is authorized to establish reporting, recordkeeping and monitoring requirements for air contaminant sources. The statutes also authorize the DNR to conduct inspections of air contaminant sources and to include reporting, recordkeeping and monitoring requirements in air pollution control permits. The federal Clean Air Act requires compliance certification, testing, monitoring, reporting and recordkeeping requirements sufficient to assure compliance with the terms and conditions of operation permits. These permit-related compliance requirements are codified in chapter NR 439.

Motivation for Rulemaking

The DNR is proposing to update chapter NR 439 to simplify, reduce and modernize the requirements related to inspection, monitoring, testing, reporting, recordkeeping and compliance demonstration, while remaining consistent with the federal Clean Air Act.

Supplementary Information

Timeline

The rule promulgation process includes many internal steps that the DNR and the Natural Resources Board (NRB) must follow. For permanent rules, the process generally takes about 31 months from initiation to promulgation. The tentative timeline for the ch. NR 439 rulemaking is shown in the flowchart below. All future dates are approximate and subject to change.

Pre-rule Planning - Summer 2021
  • Stakeholder listening sessions
↓
Phase I Scope Statement - Spring - Fall 2022
  • Preliminary hearing, comment period on the Statement of Scope
  • Statement of Scope approved by DNR secretary, governor, NRB
↓
Phase II Rule Development - Fall 2022 - Fall 2023
  • Preparation of proposed rule
  • Solicitation of stakeholder input (Fall 2022)
  • NR 439 Stakeholder Advisory Committee meetings (Spring 2023)
↓
Phase III Solicitation of Comments on Economic Impact - Winter 2023/2024
↓
Phase IV Public Comment Period - Spring 2024
↓
Phase V Final Rule Adoption by NRB, Governor - Summer/Fall 2024
  • Attend NRB meeting to request rule adoption
  • Rule approved by Governor
 ← We are here
↓
Phase VI - Legislative Review - Winter/Spring 2025
  • Review by Senate and Assembly standing committees
  • Review by Joint Committee for Review of Administrative Rules (JCRAR)
↓
Rule Goes Into Effect - Summer 2025
  • Rule signed by DNR secretary, published in Administrative Register
​

Public Participation

Public Participation

Public participation is a critical component of DNR rulemaking. The public input opportunities and comments received by the DNR during the ch. NR 439 revision process are organized below by rulemaking phase.

Pre-Rule Development

The DNR received stakeholder comments relevant to the rulemaking prior to development of the statement of scope for the proposed ch. NR 439 rule.

  • Feb. 24, 2021 Comment from Waupaca Foundry (link)
  • March 3, 2021 Comment from Mark Kaster, Dorsey & Whitney LLP (link)
  • March 3, 2021 Comment from Wisconsin Casting Metals Association (link)
  • March 3, 2021 Comment from Wisconsin Manufacturers & Commerce (link)
  • March 3, 2021 Comment from Wisconsin Paper Council (link)
  • March 3, 2021 Comment from Wisconsin Utilities Association (link)
  • Dec. 6, 2021 Comment from Cheryl Moran, SCS Engineers (link)
  • Jan. 28, 2022 Comment from Wisconsin Manufacturers & Commerce (link)

The DNR also held listening sessions on Aug. 25, Sept. 22, and Oct. 11, 2021, to gather stakeholder input on ch. NR 439. Stakeholder comments were considered during development of the rulemaking’s statement of scope.

Scope Statement Development

Pursuant to s. 227.136(1), Wis. Stats., the DNR held a preliminary public hearing on Aug. 22, 2022, and public comment period from Aug. 15 through Aug. 22, 2022, on the statement of scope for the proposed ch. NR 439 rule. The DNR received two written comments relevant to the statement of scope during this period.

  • Aug. 22, 2022 Preliminary public hearing on the statement of scope recording (link)
  • Aug. 18, 2022 Comment from Wisconsin Paper Council (link)
  • Aug. 22, 2022 Comment from Wisconsin Manufacturers & Commerce (link)
Rule Development

At the beginning of rule writing phase, the DNR’s Air Management Program held a general stakeholder informational session on Oct. 24, 2022, to explain the objectives of the chapter NR 439 rulemaking and to review the rulemaking process. The program also held eight small group input sessions between November and December 2022 to gather additional stakeholder input. The public was also invited to provide written feedback via an online portal through Nov. 19, 2022.

  • Oct. 24, 2022 Stakeholder informational session presentation slides (link)
  • Oct. 24, 2022 Stakeholder informational session recording (link)

In spring 2023, the NR 439 Stakeholder Advisory Committee was convened and met eight times to provide input to the DNR on draft proposed rule language. The DNR also received comments recommending rule changes from other interested stakeholders:

  • June 12, 2023 Comment from Dan Nagorsen, Madison Gas and Electric Company (link)
  • November 7, 2023 Comment from Wisconsin Manufacturers & Commerce and Wisconsin Paper Council (link)
Solicitation of Comment on Economic Impact of Rule

The DNR prepared a proposed economic impact analysis (EIA) for the permanent proposed rule, in accordance with s. 227.137, Wis. Stats. The DNR received four public comments on the economic impact of the proposed revisions to ch. NR 439 during the comment period held from December 13, 2023 through January 12, 2024. The DNR prepared responses to the comments, which also summarize changes made to the proposed rule and EIA in response to stakeholders’ comments.

Public Comment Period

DNR received 5 comments on proposed revisions to ch. NR 439 due to the public comment period held from March 18, 2024, through April 25, 2024. The public hearing was held on April 18, 2024.

NR 439 Stakeholder Advisory Committee

Chapter NR 439 Stakeholder Advisory Committee

The DNR convened the ch. NR 439 Stakeholder Advisory Committee (or Committee) to gather stakeholder feedback on draft proposed revisions to ch. NR 439 rule language.

Membership

The Committee was comprised of representatives from the DNR, industry stakeholders, and the U.S. Environmental Protection Agency (EPA) Region 5. Pursuant to s. 227.13, Wis. Stats., the DNR submitted the list of Committee members to the Joint Committee for Review of Administrative Rules (JCRAR) on March 21, 2023.

Representative Organization
Bryant Esch Waupaca Foundry
Rob Harmon Amcor Flexibles North America
Joe Hoch Wisconsin Utilities Association
Cheryl Moran SCS Engineers
Rachel Rineheart EPA Region 5
Pat Stevens Wisconsin Paper Council
Craig Summerfield Wisconsin Manufacturers and Commerce
Ashley Gray DNR Air Program Compliance Policy Coordinator
Maria Hill DNR Air Program Compliance, Enforcement & Emission Inventory Section Chief
Meetings

The stakeholder meetings were open to the public, and were held virtually on April 13, April 20, April 25, May 1, May 9, May 22, June 8, and June 15, 2023. During the meetings, the Committee discussed stakeholder suggestions regarding draft proposed rule language that had been shared with the Committee in advance of each meeting.