Section 1.52. Policy on promulgation of environmental quality standards.

 

(1)   Definitions. As used in this section, "environmental quality standard" means a regulatory measure needed to prevent or reduce environmental pollution as that term is defined in s. 299.01 (4) , Stats.

(2)   Information submitted to board. Whenever the department seeks to adopt a rule, the department shall provide the board with information regarding the following: the authority for the rule; the conformity of the rule with the requirements of federal or state statutes or controlling judicial decisions; and the need for the rule.

(3)   Adoption of environmental quality standard more restrictive than corresponding federal law or regulations. For environmental programs subject to a delegation of authority by the U.S. environmental protection agency, whenever the department seeks to adopt an environmental quality standard more restrictive than a standard provided under corresponding federal law or regulations, the department shall advise the board why the more restrictive standard is needed in Wisconsin to protect public health, safety or the environment. For the purposes of this subsection, any environmental quality standard is not considered more restrictive than a standard provided under corresponding federal law or regulations if the federal government has not enacted a law or regulation establishing a corresponding standard. This subsection is prospective in application; no environmental quality standards adopted prior to August 1, 1996, are affected except under the circumstances described in sub. (4) .  

(4)   Federal standard relaxed. If the department has adopted an environmental quality standard which has a corresponding standard adopted under federal law or regulations, and after August 1, 1996, that corresponding federal standard is relaxed by promulgation of a more lenient standard in federal law or regulations, the department shall within 120 days of the federal action notify the board and propose a schedule for the department to advise the board whether the current state standard is needed in Wisconsin to protect public health, safety or the environment.

History: Cr. Register, July, 1996, No. 487 , eff. 8-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525 .