Clean air rules in Wisconsin’s legislature

Elizabeth Wheeler

The Natural Resources Board authorized the DNR’s Clean Air Interstate Rule (CAIR) to go to the legislature on January 24, 2007. CAIR has been implemented in 28 states in order to reduce pollution that contributes to ground-level ozone (smog), namely nitrogen oxides (NOx) and sulfur dioxide (SO2). The rule provides incentives for power plants producing the state’s energy to operate at a higher efficiency, such as allocating allowances calculated based on how much electricity is actually produced, rather than how much heat is required to produce it.

Clean Wisconsin addressed the board by public appearance, asking for better incentives for renewable energy sources to participate in the trading program, such as making NOx credits available to renewable units in their first five years of operation, an option that is currently unavailable to developers of renewable energy.

Other important upcoming rulemakings include the Reasonable Available Control Technology (RACT), which requires additional controls on power plants in non-attainment areas, and Best Available Retrofit Technology (BART), which requires even further reductions of certain air pollutants from particular sources.

Further, Governor Doyle recently directed the DNR to petition the EPA to “re-designate” eight counties in Eastern Wisconsin as meeting air quality standards. This re-designation will result in less stringent requirements for new businesses and developers in the Eastern part of Wisconsin. A re-designation means that the area will be designated as “attainment” rather than “non-attainment.” Attainment areas have less stringent pollution control requirements, because the area is meeting air quality standards.  As part of this re-designation, the DNR will have to establish a maintenance plan, ensuring the areas will not slip back into non-attainment. Clean Wisconsin will be participating in this process with the DNR, including making sure that DNR uses accurate and appropriate data for the re-designation request and making the maintenance plan as good as possible.

Although it is true that Wisconsin’s air quality in the Milwaukee area has gotten better over the past five years, there is still room for improvement. Clean Wisconsin will continue to work with the DNR to promote air pollution laws that help improve Wisconsin’s air quality.

For more information, please contact Elizabeth at ewheeler@cleanwisconsin.org or (608) 251-7020 extension 21.