NR 700-799 Rule Changes
As part of a continuing effort to ensure efficient and effective guidance and standards for the investigation and remediation of contaminated sites in Wisconsin, throughout 2019 to 2021, the DNR worked with key public and industry stakeholders, state agencies, the State Legislature, the governor and the general public to update portions of chs. NR 700-799, Wis. Adm. Code [exit DNR].
The changes to chs. NR 700-799, Wis. Adm. Code, are effective as of Oct. 1, 2021, and consist of new chs. NR 756 and NR 758, Wis. Adm. Code [exit DNR], which govern financial assurance requirements that apply at certain types of sites with contaminated sediment.
Background
Chapter 292, Wis. Stat. [exit DNR], along with other state statutes, set forth the responsibilities of certain parties for the investigation and remediation of hazardous substance discharges and environmental pollution in Wisconsin. Chapters NR 700-799, Wis. Adm. Code, provide the specific steps and standards for conducting required investigation and remediation activities.
On Jan. 23, 2019, the Natural Resources Board (NRB) approved statements of scope for emergency and permanent rulemaking. Following recent legislative changes to statute and changes in terms and practices that occur over time, the DNR is revising specific sections of chs. NR 700-799, Wis. Adm. Code, to meet three main goals:
- Meet an emergency rulemaking mandate within 2015 Wis. Act 204 relating to new financial assurance requirements for certain types of contaminated sediment sites;
- Attain consistency with statutory revisions made by 2017 Wis. Act 70 and 2015 Wis. Act 204, including revisions relating to contaminated sediments; and
- Update references and clarify requirements and procedures as needed since the last set of rule revisions became effective in 2013.
To meet these objectives, the DNR is promulgating rules through the permanent rulemaking process, described below. The DNR is also pursuing the emergency rulemaking process to meet the first objective listed above.
Rule change process and public input
The DNR creates and revises administrative rules to implement statutes enacted by the Wisconsin State Legislature [exit DNR]. Administrative rules are laws that have the full force and effect of statute.
Public participation is a critical component of agency rulemaking. During this rulemaking process, there were numerous opportunities to participate; dates and materials for the public meetings and comment periods are available below.
Winter 2018/2019
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Winter 2019 - Spring 2020
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Fall 2020
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Winter 2020/2021
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Spring 2021
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Fall/Winter 2021
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Economic Impact Analysis
Under s. 227.137, Wis. Stats., an economic impact analysis (EIA) must be prepared for every permanent proposed rule. The analysis must include information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units and the state's economy as a whole.
Rule Development Meetings
Given the size and scope of the effort required for rule changes of this type and the need for technical input, the DNR held a series of monthly rule development meetings to seek public input on the rule changes.
Public meetings were held during rule development from February 2019 to January 2020. Two additional public meetings were held from June 2020 to July 2020 to focus on the content of proposed emergency rules. Details about those meetings are listed below (see Past Meetings).
Past Meetings
Meeting date & time | Location | Resources |
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Oct. 16, 2020 |
Skype meeting |
Meeting and background material Submittal of written comments
The proposed permanent rule is available on the DNR's Proposed Permanent Administrative Rules web page. The emergency rule is available on the DNR's Proposed Emergency Administrative Rules web page. |
July 6, 2020 |
Skype meeting |
Meeting and background material |
June 23, 2020 |
Skype meeting |
Meeting and background material |
Jan. 9, 2020 | Madison State Natural Resources Building (GEF2) Room 513 101 S Webster St |
Meeting and background material
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Dec. 3, 2019 | Madison State Natural Resources Building (GEF2) Room G27 101 S Webster St |
Meeting and background material
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Nov. 6, 2019 | Madison State Natural Resources Building (GEF2) Room 513 101 S Webster St |
Meeting and background material
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Oct. 1, 2019 | Madison State Natural Resources Building (GEF2) Room G27A 101 S Webster St |
Meeting and background material
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Sept. 5, 2019 | Madison State Natural Resources Building (GEF2) Room G27A 101 S Webster St |
Meeting and background material
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August 6, 2019 | Madison State Natural Resources Building (GEF2) Room G27A 101 S Webster St |
Meeting and background material
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July 9, 2019 | Madison State Natural Resources Building (GEF2) Room G09 101 S Webster St |
Meeting and background material
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June 4, 2019 | Madison State Natural Resources Building (GEF2) Room G27A 101 S Webster St |
Meeting and background material
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May 7, 2019 | Madison State Natural Resources Building (GEF2) Room G27A 101 S Webster St |
Meeting and background material
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April 18, 2019 | Madison State Natural Resources Building (GEF2) Room 513 101 S Webster St |
Subgroup discussion The subgroup will discuss rules relating to new statutory requirements for financial responsibility and financial assurance at certain contaminated sediment sites. Meeting and background material |
April 9, 2019 | Madison State Natural Resources Building (GEF2) Room 513 101 S Webster St |
Meeting and background material
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March 5, 2019 | Madison State Natural Resources Building (GEF2) Room G27A 101 S Webster St |
Meeting and background material
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Feb. 5, 2019 | Madison State Natural Resources Building (GEF2) Room 513 101 S Webster St |
Meeting and background material |