NR 812 rule changes
Companies that manufacture cement for sale and distribution in Wisconsin and surrounding states have switched from producing Type I Portland cement and are now only producing Type IL cement, which does not meet the requirements of ch. NR 812, Wis. Adm. Code. Individual manufacturers made the change to reduce the carbon footprint of their product; it was not prompted by a change in regulations. As such, the department currently has no mechanism to allow the grouting or sealing of water wells or drillholes with neat cement that meets the requirements of ch. NR 812, Wis. Adm. Code. It is paramount that well drillers be provided with the materials they need to seal an annular space on a new well or fill and seal an unused well or drillhole when it is required. Accordingly, the department finds that promulgating emergency (and permanent) updates to ch. NR 812, Wis. Adm. Code to provide for the use of Type IL cement in the grouting and sealing of wells complies with the preservation of health, safety and welfare of the citizens of Wisconsin.
The Emergency Rule, DG-07-22(E), is currently scheduled for a vote by the Wisconsin Natural Resources Board at its December 14, 2022 meeting.
Concurrently, a public comment period on the Economic Impact Analysis for the permanent rule, DG-08-22, will begin on November 14, 2022 and close on November 28, 2022.
Note that a separate public comment period on the rule itself will be held after the economic impact analysis has been finalized.
Economic Impact Analysis and Board Orders for the Emergency and Permanent Rules
(Note: at this time the emergency and permanent rule Board Orders are identical).
Comments on the Economic Impact Analysis can be submitted from November 14, 2022 through November 28, 2022 via email at: DNRNR812PublicComments@wisconsin.gov, or via US mail at:
NR 812 Rule Revision DG-08-22 Economic Impact Analysis Public Comments
C/O Frank Fetter, DG/5
P.O. Box 7921
Madison, WI 53707-7921