Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 299.15 and 227.11(2), Stats., interpreting s. 299.15, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 101.03 and 101.13, Wis. Adm. Code, relating to the wastewater fee program. 1999 Wis. Act 9 required that the wastewater fee program implement a performance-based system for calendar year 2000 and beyond and that fees be based on a 5-year rolling average of discharge data.
The proposed rule language contains two options for meeting the rolling average requirement. The first initiates the rolling average in calendar year 2000 but would not have five years of data until calendar year 2004. The second would use 1996 to 2000 data in calendar year 2000. One option will be selected following the public hearing. The annual adjustment factor has been fixed at the 1999 value which will result in a performance-based fee system. Increases in discharges will result in higher fees, while decreases in discharges will result in lower fees.
In addition, the department has proposed a fee rate for phosphorus that more accurately addresses its environmental impact. This rate will apply to all facilities whose WPDES permit contains phosphorus limits in calendar year 2000.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: The wastewater fee program, in general, impacts all wastewater dischargers that hold WPDES permits. Discharges regulated by general permits are not included in the wastewater fee program.
b. 2. Description of reporting and bookkeeping procedures required: The proposed changes do not require additional bookkeeping nor reporting.
c. Description of professional skills required: The professional skills requirements do not change under the proposed changes.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
June 13, 2000 Room 027, GEF #2
Tuesday 101 South Webster Street
at 1:30 p.m. Madison, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Gail Mills at (608) 266-1387 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Ms. Gail Mills, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than June 23, 2000. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-24-00] and fiscal estimate may be obtained from Ms. Mills.
Fiscal Estimate
FISCAL IMPACT - The fiscal impact associated with going to a performance-based system is that the actual revenue collected will fluctuate based on the amount of pollutants discharged and WPDES limits. Historically, the Department has seen a consistent reduction in the total amount of pollutants discharged, both from industries and from municipalities. The amount of decline is roughly 26% for municipalities and 34% for industries between 1994 and 1998. Should this trend continue, over time the amount of fee revenue generated would decline accordingly, although, as discussed below, there may be some temporary fluctuations in fee revenue through 2003, depending on which five-year averaging method is chosen.
In this rule package, the Department is proposing two different solutions for the public hearing phase for Act 9's five-year rolling averaging requirement. One proposed solution would start the averaging in the year 2000 and would use calendar year 1996 through 2000. The second would build up to a five year average by 2004 where calendar year 2001 would be a two year average, 2002 a three year average, 2003 a four year average, and 2004 a five year average. In both cases the rule would average available data for the period of time that such data are available. For example, most facilities will have BOD and TSS data available for the fill five years, but may have received a revised permit only two years ago that includes a phosphorus limit - thus the BOD and TSS would be averaged over five years and the phosphorus averaged over two years. Phosphorus will be included in the fee program for fees assessed on calendar year 1999 discharges. Even under the proposed flat rate for phosphorus, this pollutant has a significant impact on the fee base. For 1999 this effect is dampened out by the adjustment factors, but the impact on the five year rolling average aspect becomes important.
The fiscal impact of the five-year rolling average is that year to year fluctuations.will be smoothed out on a facility by facility basis. The difference between the two options presented in this rule package is that the revenue collected in the first option, where the calendar year 2000 fees are based on averages from 1996 -2000, is initially higher than the second option, where calendar year 2000 represents year one of the averaged period. In fact, given the assumption that total discharges will continue to decline, revenue related to calendar years 2000 and 2001 discharges may be greater than the current revenue, before declining in 2002. This is because discharge levels were generally higher in the period 1996 - 1998. In calendar year 2004 the revenue levels would be the same since both options would use calendar years 2000 - 2004 for the averaging period. Overall, regardless of which 5-year averaging method is chosen, assuming that the trend toward decreased discharges continues, the Department projects that fees related to calendar year 2004 discharges—and thus revenue to the state's general fund—will be less than the fee revenue generated under the current system.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 281.58 and 227.11(2), Stats., interpreting ss. 281.58 and 281.59, Stats., the Department of Natural Resources will hold public hearings on the repeal of chs. NR 161 and 163 and the repeal and recreation of ch. NR 162, Wis. Adm. Code, relating to the clean water fund financial assistance program.
The rule is being proposed to comply with 1999 Wis. Act 9 and to allow funding for nonpoint source pollution and urban stormwater runoff abatement projects as required by law. Specifically, language related to capital cost loans and related to projects only for planning and design is being deleted. Also, pursuant to 40 CFR Part 35 and s. 281.58, Stats., projects for the treatment of nonpoint source pollution and urban stormwater runoff are eligible for financial assistance. The proposed changes to ch. NR 162 allow these projects to be ranked with other treatment works projects and to be considered for funding under the Clean Water Fund program.
Currently, ch. NR 162 is the basis for implementing the Clean Water Fund program, ch. NR 161 is the basis for scoring projects to establish a priority funding list, and ch. NR 163 is the basis for determining and implementing hardship financial assistance for eligible Clean Water Fund program applicants. Combining these three into one administrative rule enhances clarity and convenience in locating provisions of text dealing with the same program. Subchapters are used to distinguish the general provisions from the priority scoring system and the hardship financial assistance provisions. Other changes have also been proposed to clarify existing policies and procedures and to establish new procedures for amendment requests.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
June 19, 2000 Schmeekle Reserve
Monday Meeting Room
at 9:00 a.m. 2419 Northpoint Dr.
Stevens Point
June 21, 2000 Room 120
Wednesday State Office Bldg.
at 9:00 a.m. 141 Northwest Barstow
Waukesha
June 22, 2000 Room 027, GEF #2
Thursday 101 South Webster Street
at 9:00 a.m. Madison
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Cynthia Hoffland at (608) 267-7758 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Ms. Cynthia Hoffland, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than June 30, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [CF-18-00] and fiscal estimate may be obtained from Ms. Hoffland.
Fiscal Estimate
There is no fiscal effect.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 227.11(2)(a) and 292.75, Stats., interpreting s. 292.75, Stats., the Department of Natural Resources will hold public hearings on the creation of ch. NR 168, Wis. Adm. Code, relating to the brownfield site assessment grant program. The proposed rule allows the Department to award grants to local governmental units to carry out assessments and other specific preliminary activities on eligible sites or facilities. Local governmental units eligible to apply for funding from the brownfield site assessment grant program include cities, villages, towns, counties, tribes, redevelopment authorities, community development authorities and housing authorities. Grants for the program must be awarded prior to July 1, 2001.
The proposed rules establish the framework for participation in the program and include a system of fund allocation, eligible activities, a scoring system for ranking applications, and costs that are eligible to be used as local match. The rule further establishes two categories of grants: small and large. Small grants are those for dollar amounts of $2,000 to $30,000, and large grants are those for dollar amounts of $30,000 to $100,000. Seventy percent of the funds available will be designated to fund small grants and 30% shall be allocated to fund large grants. Successful applicants must furnish a match of at least 20% of the amount of the grant as cash or in-kind services or both, during the 12 months of the project. An applicant that has more than one eligible site or facility may submit a grant application for each eligible site or facility; the statute, however, limits the total amount of grant funds that one applicant may be awarded to 15% of the available funds for the fiscal year.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Notice is hereby further given that pursuant to ss. 227.11(2)(a), 227.24 and 292.75, Stats., interpreting s. 292.75, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. CF-29-00(E) creating ch. NR 168, Wis. Adm. Code, relating to the brownfield site assessment grant program.
Hearing Information
June 12, 2000 Room 158
Monday West Central Region Hdqrs.
at 1:00 p.m. 1300 W. Clairemont
Eau Claire
June 13, 2000 Conference Room A
Tuesday Courthouse Annex
at 10:00 a.m. 1462 Strong Street
Stevens Point
June 15, 2000 Public Library
Thursday 106 Washington Avenue
at 10:00 a.m. Oshkosh
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Valerie Thomas at (608) 267-7153 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule and the emergency rule may be submitted to Ms. Valerie Thomas, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than June 26, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [CF-30-00], emergency rule and fiscal estimate may be obtained from Ms. Thomas.
Fiscal Estimate
There is no fiscal effect.
