The number of samples would remain the same under the revised administrative code changes. It is assumed the additional clean-up step for the analyses will cost approximately $125 per sample more. Therefore, the total cost under the proposed rule revision
is $20,250 per year (81 X $250 - $20,250).
The estimated net increase in sampling costs is $10,125 per year ($20,250 new - $10,125 existing = $10,125)
It is assumed that there are no other significant costs to the state or to municipalities to implement the proposed rule revisions.
Environmental Analysis
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 of Hearing
Natural Resources
(Environmental Protection-Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.01 (1am),
30.12,
30.121,
30.123,
30.13,
30.19,
30.20,
30.2035,
30.206,
30.208,
30.209,
30.28,
30.291,
30.298,
227.11 (2),
227.24,
281.22,
281.36 and
281.37, Stats., interpreting ss.
30.01 (1am),
30.10 to
30.27,
30.281,
31.02 to
31.38,
281.22,
281.36 and
281.37, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order Nos. FH-13-04(E), FH-14-04(E), FH-15-04(E), FH-16-04(E), FH-17-04(E), FH-18-04(E), FH-19-04(E), FH-20-04(E), FH-22-04(E), FH-23-04(E) pertaining to regulation of activities in Wisconsin's navigable public waters. These emergency orders will take effect on April 19, 2004.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 19, 2004 Room 041, GEF #3
(Wednesday) 125 South Webster Street
at 3:00 p.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 Ms. Liesa Nesta at (608) 266-2997 with specific information on your request at least 10 days before the date of the scheduled hearing.
Analysis Prepared by Department of Natural Resources
The emergency rules explain procedures for exemptions, general permits and individual permits, designate waters where exemptions don't apply, and provide standards for piers, dredging, shore protection and other activities along lakes and rivers. The proposed emergency rules implement
2003 Wisconsin Act 118, which went into effect on February 6, 2004. The rules are intended to speed waterway permit decisions and assure the law changes are applied consistently statewide while maintaining the protections for lakes and rivers that are guaranteed by Wisconsin's courts and constitution. The individual emergency orders include:
• FH-13-04(E) creating ss.
NR 1.016,
1.05,
1.06 and
1.07 relating to Natural Resources Board policies on protection and management of public waters
• FH-14-04(E) repealing ch.
NR 322, revising ch.
NR 300 and creating ch.
NR 310 relating to timelines and procedures for exemptions, general permits and individual permits for activities in navigable waterways
• FH-15-04(E) revising ch.
NR 320 relating to the regulation of bridges and culverts in or over navigable waterways
• FH-16-04(E) repealing and recreating ch.
NR 323 relating to fish and wildlife habitat structures in navigable waterways
• FH-17-04(E) revising ch.
NR 325 relating to boathouses and fixed houseboats in navigable waterways
• FH-18-04(E) revising ch.
NR 326 relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swim rafts in navigable waterways
• FH-19-04(E) creating subch.
I of ch. NR 328 relating to shore erosion control of inland lakes and impoundments
• FH-20-04(E) creating ch.
NR 329 relating to miscellaneous structures in navigable waterways
• FH-22-04(E) creating ch.
NR 343 relating to regulation of construction dredging and enlargement of an artificial water body
• FH-23-04(E) creating ch.
NR 345 relating to dredging in navigable waterways
Written Comments and Copies of Rule
Written comments on the emergency rule may be submitted to Ms. Liesa Nesta, Bureau of Fisheries Management and Habitat Protection – FH/3, P.O. Box 7921, Madison, WI 53707-7921 no later than
May 21, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the individual emergency rules may be obtained from Ms. Nesta or they are available on either the Revisor of Statutes website at
www.legis.state.wi.us/rsb/code or the Department's website at:
www.dnr.wi.gov/org/wa
ter/fhp/waterway/emergencyrules.
html.
Notice of Hearing
Natural Resources
(Environmental Proection - Air Pollution Control)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
285.11, Stats., interpreting s.
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 421,
460,
463 and
484, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for facilities engaged in the secondary production of aluminum. This national emission standard for hazardous air pollutants (NESHAP) became effective on March 23, 2000 when it was published in the Federal Register as
40 CFR part 63 Subpart RRR. Section
285.27 (2), Stats., requires the Department to promulgate NESHAPs into Wisconsin administrative code. These standards apply to new and existing major and minor sources of hazardous air pollutant emissions that are part of the secondary production of aluminum. As required by s.
285.27 (2) (a), Stats., the proposed rule is substantially consistent with, and does not exceed, the federal requirement.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 19, 2004 Room 517, GEF #2
(Wednesday) 101 South Webster Street
at 11:00 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 Dan Rosenthal at (608) 266-3450 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copies of Rule
Written comments on the proposed rule may be submitted to Mr. Dan Rosenthal, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than June 4, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the proposed rule AM-38-03 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
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: Salvage recovery operations
b. Description of reporting and bookkeeping procedures required: Identical to requirements in the federal NESHAP
c. Description of professional skills required: Identical to requirement in the federal NESHAP
Fiscal Estimate
The department is already responsible for implementing this NESHAP, and does so through routine inspection, enforcement activities, and the operation permit program. Incorporating this NESHAP into Wisconsin Administrative Code does not impose additional costs on the the department.
Local governments have no role in implementing this standard and therefore will not incure any costs as a result of this proposed rule action .
Environmental Analysis
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 of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
85.21, Stats., and interpreting s.
85.21, Stats., the Department of Transportation will hold a public hearing in
Room 951 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
19th day of May, 2004, at
10:00 AM, to consider the amendment of ch.
Trans 1, Wisconsin Administrative Code, relating to the elderly and disabled transportation assistance to counties.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business May 26, 2004, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to David Lowe, Department of Transportation, Division of Transportation Investment Management, Specialized Transit Section, Room 951, P. O. Box 7913, Madison, WI 53707-7913.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s.
85.21, Stats.
Statutes Interpreted: s.
85.21, Stats.
General Summary of Proposed Rule
Chapter Trans 1 establishes the Department's administrative interpretation of s.
85.21, Stats., and prescribes administrative policies and procedures for implementing the elderly and disabled transportation assistance to counties authorized under s.
85.21, Stats. The purpose of this rule making is to cap the amount counties can keep in trust funds, update language regarding program procedures and report requirements and allow counties more flexibility in meeting trip purpose priorities.
The current rule allows a county to establish a trust fund and deposit all or part of its allocation into this fund. Trust funds can only be used for the purchase or maintenance of transportation equipment or to make grants to other governments and private non-profit organizations, which provide specialized transportation services. When the rules governing trust funds were established, counties were not eligible applicants under the Section 5310 Capital Assistance program for specialized transportation. (The 5310 Program provides grants to cover 80% of the cost of vehicles with the grantee paying the remaining 20%). In the past, trust funds provided a means for counties to save the significant amounts of money needed for the purchase of vehicles. Counties are now eligible applicants for the 5310 Program and can also contract with successful 5310 Program grantees in their county. The need to save large amounts of program dollars for vehicles no longer exists. Currently, a few counties have amassed considerable sums of money in their trust funds. The proposed rule places a cap on trust funds at $80,000.
DOT's District offices currently have a front-door role in this program, providing basic program information and referring interested parties to the program expert in the Central Office. The proposed changes update ch.
Trans 1 to reflect this current business practice.
Currently, the rule prescribes ways a county can meet trip purpose requirements. The proposed rule increases flexibility in how counties administer trip purpose requirements to meet each county's individual need.
The current rule requires that all passenger revenue received in a given year be applied to transportation expenses incurred in that same year. This is difficult to apply in reality as bills for expenditures may now come in for several months after the end of the calendar year. The proposed changes keep the intent of the original rule—applying passenger revenues to transportation expenses—but don't define a timeline.
Providing more flexibility to counties and limiting the amount of aid that may be held in trust should result in higher levels of service to Wisconsin's elderly and disabled population.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule and Contact Person
Copies of the rule may be obtained upon request, without cost, by writing to David Lowe, Department of Transportation, Division of Transportation Investment Management, Specialized Transit Section, Room 951, P. O. Box 7913, Madison, WI 53707-7913, or by calling (608) 266-9476. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearings
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
104.04 and
227.11, Stats., the Department of Workforce Development proposes to hold 5 public hearings to consider the amendment of rules relating to increasing Wisconsin's minimum wages.
Hearing Information
Monday, May 17, 2004 - 1:00 p.m.
Rock County Job Center
1900 Center Avenue Room K
Janesville
Tuesday, May 18, 2004 - 1:00 p.m.
Milwaukee Job Center South/UMOS
1644 S. 9th Street
Milwaukee
Wednesday, May 19, 2004 - 1:00 p.m.
Chippewa Valley Technical College
Clairemont Campus
Room 103 Auditorium
