NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1) and
285.59 (5) (a) and
(6), Stats., interpreting s.
285.59, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 488, Wis. Adm. Code, relating to revising regulations concerning activities during the salvage and transport of equipment containing refrigerants that damage the atmosphere. The proposed rule revised ch.
NR 488 as follows:
1.
Adding substitute refrigerants. The proposed rule will apply the ch.
NR 488 requirements to salvaging and transporting equipment containing substitutes for ozone depleting substances, namely HFC (hydrofluorocarbon) and PFC (perfluorocarbon) refrigerants. HFC refrigerants have been utilized in nearly all vehicle air-conditioners manufactured since 1995 and are increasingly found in appliances, vending machines and residential and commercial air conditioning and refrigeration systems being retired. PFC refrigerants have only seem very limited use in specialized refrigeration systems. Adding HFC and PFC refrigerants to ch.
NR 488 will mean those who recover these refrigerants during salvage will have to register with the Department, use approved recovery equipment, continue to have at least one person on their staff who holds the appropriate certification to operate the equipment, and keep records of their recovery activities. They will also have to supply documentation that these refrigerants have been recovered from any equipment they deliver to a scrap metal processor, a procedure already in effect in this industry in response to the federal release ban. The requirements for equipment operator certification are the same as they have been previously required.
2. Modifying record keeping requirements. First, those who recover refrigerants from salvaged equipment will be required to keep more specific records of processed items to allow better tracking and enforcement of regulated activities. Second, anyone who sells, gives or transports salvaged refrigeration equipment to a scrap processor must now supply a document to the scrap processor assuring that all remaining refrigerants have been recovered from the items they deliver. The proposed rule requires that anyone who provides this document to a scrap processor retain a copy of it themselves for three years. The scrap processor is already required to retain the document for three years.
3. Operator qualifications. The Department proposes to clarify and update the qualifications for individuals recovery from “stationary" equipment during salvage.
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: Small businesses who recover refrigerants from refrigeration and air conditioning equipment that is to be salvaged or dismantled, typically vehicle and appliance salvagers, appliance retailers and HVAC contractors who are replacing air conditioning equipment or preparing buildings for demolition. Approximately 400 such businesses will be affected. The rule also affects small businesses that haul refrigerated appliances to be salvaged, typically waste haulers, recycling facilities and appliance stores and salvagers. Approximately 70 such businesses will be affected.
b. Description of reporting and bookkeeping procedures required: The proposed rule change does create some additional record keeping requirements, but no additional reporting requirements. Those who recover refrigerants from salvaged refrigeration and air conditioning equipment are required to keep more detailed records of the equipment they process than under previous rule language. These same parties will also be required to keep a copy of the document they provide to a scrap processor stating that all refrigerants will be removed from any equipment they deliver for scrap. Previous rule language did not require that those providing this documentation to scrap processors must keep a copy for themselves. Adding the HFC and PFC refrigerants will not require additional recovery work by these parties, since recovery of these refrigerants has been required under federal law since 1995. Those who recover refrigerants during salvage and those who transport appliances to be salvaged must register annually with the Department, as has been required since the program began in 1993.
c. Description of professional skills required: The proposed rule change does not create an additional need for professional skills, since the qualifications for operators of refrigerant recovery equipment have not changed.
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 hearing will be held on:
Tuesday, March 22, 2005 at 10:00 a.m.
Video conference participation will be available at:
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson St.
Green Bay
Room 8F, State Office Building
101 E. Wilson Street
Madison
Room 98, State Office Building
819 N. 6th Street
Milwaukee
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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
1. The Department's existing Refrigerant Recovery Program oversees ch.
NR 488, Refrigerant Recovery from Salvaged or Dismantled Refrigeration Equipment. The rule changes include adding new refrigerants including HFC (hydrofluorocarbon) and PFC (perfluorocarbon) refrigerants. In 1995, the state legislature granted DNR (and the other state agencies) authority to apply regulatory coverage to any refrigerants that are used as substitutes for ozone-depleting refrigerants (see s.
285.59 (6), Wis. Stats.). The Department would be able to absorb the additional work to regulate these additional pollutants as part of work done by the existing program. These appropriations provide for the equivalent of two full-time-equivalent (FTE) Air Management staff used to administer the NR 488 program elements statewide: facility registration, compliance assurance, enforcement, education and administrative support. The work is actually performed by several staff in Department offices throughout the state.
2. A very small number of local governments including villages, cities, counties and school districts are affected directly by this regulation, since these local governments chose to transport appliances for salvage or recover refrigerants from appliances or from fleet vehicles that they own. Currently, local governments are 17% of the total safe transporter registrants and 1% of the total salvager registrants. One state health care institute and one UW campus are registered as a salvager and transporter, respectively. There will be a small increase in costs incurred by registered salvagers from keeping additional records for processed equipment. A larger number of local governments will potentially see slight increased costs passed on to them by their appliance salvage contractors.
3. Many of the regulated parties are small businesses, including vehicle and appliance salvagers, scrap metal processors, HVAC businesses that retire refrigeration and AC systems, waste haulers and others who collect discarded refrigerated appliances and demolition contractors. These small businesses will see some small cost increase as a result of increased record keeping required for compliance. Regulation changes will not require any new or additional small businesses to enter this program. The addition of other refrigerants (HFCs and PFCs) will not add any increase in costs for their recovery, since these refrigerants must already be recovered for federal requirements (
40 CFR 82.154).
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 Mr. Lance Green, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 8, 2005. 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 from Mr. Green.
