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.
Notice of Hearings
Natural Resources
(Environmental Protection-
Air Pollution Control, Chs. NR 400-)
Notice is hereby given that pursuant to ss. 227.11(2)(a) and 285.11(1), Stats., interpreting s. 285.11(6), Stats., and revising the State Implementation Plan developed under that section, the Department of Natural Resources will hold public hearings on proposed revisions to chs. NR 400, 410, 423, 428, 439 and 485, Wis. Adm. Code, relating to an one-hour ozone air quality standard attainment plan. These revisions include nitrogen oxide (NOx) and volatile organic compound (VOC) emission controls focused on meeting federal requirements for reasonable further progress, reasonably available control technology (RACT) VOC emission limits for industrial clean-up, and, an excess VOC emissions fee. This Ozone SIP plan revision includes a modeled attainment of the ozone standard in all areas of Wisconsin by the Clean Air Act's 2007 attainment date.
The ozone formation (“photochemical") modeling demonstration shows attainment by 2007 under the assumption that upwind states that have been shown by EPA to contribute significantly to Wisconsin's ozone problem comply with the NOx reduction objectives of EPA's NOx SIP call by the 2005 ozone season. The demonstration also assumes that existing federal rules and actions controlling emissions from mobile sources achieve their projected benefits.
To address rate-of-progress and attainment requirements, the proposed rules establish a program of NOx emission reductions focused on large combustion sources such as power plants, industrial boilers and other stationary sources. The rules involve a series of minimum emission performance standards for various new and existing NOx sources by size and type. The rules establish Primary and Secondary Ozone Control Regions to define where and when NOx emission limitations apply. The rules establish a corporate system-average emission rate for the largest coal boilers starting in May, 2002 with downward adjustment to the maximum allowed average NOx emission rate in 2005 and 2007. In the proposed rules, the emission limits and system-average emission rate limits only apply to a 9-county Primary Ozone Control Region. To further address attainment of the 1-hour standard, the agency is proposing to depend on voluntary NOx emission reduction commitments from large NOx sources in the 21 county Secondary Control Region that are shown to impact the 1-hour ozone concentrations in the Wisconsin nonattainment and maintenance areas during ozone episodes.
The proposed rules establish a NOx emissions offset requirement for new sources for a 30 county portion of the state that includes the Primary and Secondary Ozone Control Regions. The rules establish compliance, monitoring, recordkeeping and reporting requirements associated with the NOx emissions performance, and burner tune-up/combustion optimization requirements.
In addition to establishing NOx emission limitations for stationary sources, the proposed plan revisions include optional approaches to rate-of-progress plans for 2002, 2005 and 2007. These options address emission reductions from instituting pass/fail cutpoints for NO
x in the state's vehicle emissions testing program starting in May, 2001 and from applying the proposed NOx emissions performance limits and tune-up/optimization requirements to only a smaller set of the larger electric utility sources. The emissions projections associated with these attainment revisions establish mobile sector VOC and NOx emissions budgets for the purposes of future transportation plan conformity determinations.
The plan includes a required Reasonably Available Control Technology (RACT) rule for the control of VOC from industrial clean-up solvent activities at major sources in the 9 county Primary Ozone Control Region. The plan also includes a rule for an excess emissions fee for a portion of VOC emitted by major sources in the six severe ozone counties of southeastern Wisconsin that would apply starting in 2008 if the counties do not attain the 1-hour ozone standard in 2007.
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 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.
Informational Meetings
Notice is hereby further given that the Department will conduct 2 informational meetings in order to provide additional background on the proposed plan and proposed rule revisions and to answer technical questions prior to the public hearings on the proposed revisions. The informational meetings will be held on:
June 14, 2000 Natural Resources Bldg. (GEF 2)
Wednesday Room 027
at 1:30 p.m. 101 South Webster St
Madison, WI
June 16, 2000 DNR Southeast Region
Friday Headquarters
at 10:00 a.m. Room 140-141
2300 N. Dr. Martin Luther
King Jr. Blvd
Milwaukee, WI
Hearing Information
Notice is hereby further given that the public hearings on the proposed rule revisions will be held on:
June 27, 2000 Kenosha County Center
