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Rulemaking To Revise VOC RACT: Chapters NR 419 Through 425

Background

The Clean Air Act requires states with areas that have a “Moderate” or above ozone classification to implement Reasonably Available Control Technology (RACT) requirements to limit emissions of ozone precursors called volatile organic compounds (VOCs). 

VOC RACT requirements apply to two groups of emissions sources: source categories for which the U.S. Environmental Protection Agency (EPA) has issued Control Techniques Guidelines (CTGs), and all other sources that emit VOCs at or above the major source threshold, also known as “non-CTG major sources.”

Motivation For Rulemaking

The DNR is proposing this rulemaking to ensure the state is meeting all federal requirements related to VOC RACT. This will enable the state to develop a fully approvable VOC RACT State Implementation Plan (SIP). The proposed rulemaking will also ensure sources located in the nonattainment areas properly control VOCs to limit ozone precursor emissions to help protect the state’s ozone nonattainment areas. Without the VOC RACT rule revisions, Wisconsin’s 2015 ozone nonattainment areas will be ineligible for redesignation, even if the air quality in the areas is meeting the National Ambient Air Quality Standard (NAAQS).

Supplementary Information

 

 

Timeline

The rule promulgation process includes many internal steps that the DNR and the Natural Resources Board (NRB) must follow. The tentative timeline for the VOC RACT rulemaking is shown in the flowchart below. All future dates are approximate and subject to change.

Pre-Rule Planning - Summer 2025

Phase I Scope Statement - Fall 2025

  • Preliminary hearing, comment period on the Statement of Scope
  • Statement of Scope approved by DNR secretary, governor, NRB

Phase II Rule Development - Spring 2026/Fall 2026

  • Preparation of proposed rule
  • Solicitation of stakeholder input (Spring/Summer 2026)
We are here

Phase III Solicitation Of Comments On Economic Impact - Winter 2026/Spring 2027

  • Request for public input on the economic impact of proposed rule

Phase IV Public Comment Period - Spring/Summer 2027

  • Request for public input on the proposed rule

Phase V Final Rule Adoption By NRB, Governor - Summer/Fall 2027

  • Attend NRB meeting to request rule adoption
  • Rule approved by governor

Phase VI - Legislative Review - Winter 2027/Spring 2028

  • Review by Senate and Assembly standing committees
  • Review by Joint Committee for Review of Administrative Rules (JCRAR)

Rule Goes Into Effect - Winter 2028

  • Rule signed by DNR secretary, published in Administrative Register

Public Participation

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

Rule Development

During the rule writing phase, the DNR’s Air Management Program will hold three informational and feedback sessions.