Rule-Making Notices (Hearing Notices)

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 Bob Eckdale at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The use of general and registration permits will result in reduced programmatic costs in the long run. While the Department will spend resources similar to that of a standard permit review to prepare a general permit or a registration permit, the resulting product will be used to regulate several similar sources resulting in lower costs associated with review of permit applications.

It is anticipated that approximately 50 registration permits and 50 general permits will be issued for new construction annually. Under proposed fees for these projects, the department would see $155,000 in additional revenue. If these projects were required to undergo the traditional permit route, the Department would garner approximately $500,000 in permit fees for these projects. Although the registration and general permit programs will result in less administrative burden for regulated facilities, the department will incur the costs of implementing the program and developing permits for use under these programs. Thus, these programs are not expected to change the department's need for permitting resources.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 5, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Notice of Hearings

Natural Resources

Environmental Protection—Air Pollution Control, Chs. NR 400—

[CR 04-102]
(Revised from 9-30-04 Register)

NOTICE IS HEREBY GIVEN that pursuant to s. 285.69 (3), Stats., interpreting s. 285.69 (3), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 406 and 410, Wis. Adm. Code, relating to asbestos permit exemption fees and inspection fees and a program for recovering the exact costs of laboratory fees for sample analysis for the asbestos program. The State Implementation Plan developed under s. 285.11 (6), Stats., will also be revised. Section NR 410.05 explains the scenarios in which a fee is charged with the Notification of Intent to Demolish and Renovate required in ch. NR 447. The current language establishes three fees based on the amount of friable asbestos containing material that will be involved in the scope of the project. This order modifies ch. NR 410 by increasing the inspection fee amounts that can be collected, as well as adding a new level in which inspection fees can be charged. This order also revises language in chs. NR 406 and 410 that is inconsistent with ch. NR 447. Finally, the proposed rule creates the ability to charge the costs of laboratory analysis for samples taken at nonresidential demolition and renovation projects.

Initial regulatory flexibility analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Building owners, asbestos abatement contractors, demolition contractors and environmental consultants.

b. Description of reporting and bookkeeping procedures required: No additional compliance or reporting requirements are required.

c. Description of professional skills required: No additional skills are required.

The Department's Small Business Regulatory Coordinator may be contacted at: SmallBusinessReg.Coordinator@dnr. state.wi.us or by calling [phone].

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 the hearings will be held on:

Wednesday, October 13, 2004 at 11:30 a.m.
Room 139, DNR SE Region Hdqrs.
2300 N. Dr. Martin Luther King, Jr. Drive
Milwaukee

Thursday, October 14, 2004 at 11:30 a.m.
Prairie Room, Portage County Library
1001 Main Street
Stevens Point

Friday, October 15, 2004 at 11:30 a.m.
Room 349, GEF #3
125 South Webster Street
Madison

Thursday, October 28, 2004 at 11:30 a.m.
Room 774B, GEF #2
101 South Webster Street
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 Bob Eckdale at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

1. The Department 's existing asbestos program oversees ch. NR 447, Control of Asbestos Emissions. 2003 Wisconsin Act 33 provided for an increase and fee cap to the combination of abatement project permit exemption review and inspection fees that are collected through s. NR 410. 05. Act 33 also created a provision for responsible owners or operators to pay for actual costs of lab analysis of samples collected by the Department for non-residential asbestos demolition and renovation projects. The system for billing the responsible owner/operator will not cause any increase in state costs in modifying existing billing systems for either the Department or the Department's Laboratory, the State Lab of Hygiene's Wisconsin Occupational Health Laboratory (WOHL). The WOHL indirect rate for sample analysis costs includes the costs for billing owners/operators.

2. Governmental fire departments may see the increase in the combination of permit exemption and inspection fees for conducting fire training burns on existing structures that are part of a commercial or other development project. Existing fees are already charged to fire departments. In June 1995, the fees required in the asbestos regulations were waived for residential-type dwelling units or structures used for legitimate fire department training burns that are not part of a commercial or other developmental project. As a result, currently less than 5% of the fire training burn projects are required to submit a fee. Schools and sewerage districts having renovation or demolition work will also be charged the fee increase based on the amount of asbestos abated. Fees for both governmental fire departments and schools will depend also on the amount of regulated asbestos abatement projects that occur within a given year.

3. Small business owners fee increases will depend on the amount of regulated asbestos and the amount of abatement projects that they have within a given year. Typically, asbestos abatement companies pay the fees as operators for the owner and pass on these costs in the overall bill to the property owner. Overall, the margin of profit for operators may decrease on small asbestos abatement projects as a result of the fee increase.

Long-range fiscal implications. It is estimated that asbestos fee revenues will remain stable due to the presence of asbestos in buildings and increase in building recycling.

Submittal of comments and copy of proposed rules:

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Nathan Luedke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].