Comparison with federal requirements
NCUA Rules and Regulations Part 721.
Natural Resources
Subject
Objective of the rule. The development and adoption of an updated stationary source nitrogen oxide (NOx) control program to meet Clean Air Act requirements and demonstrate attainment by 2010 of the 8-hour ozone air quality standard.
New regulatory requirements are anticipated to be incorporated into ch.
NR 428, Wis. Adm. Code “Control of Nitrogen Compound Emissions" and ch.
NR 406, Wis. Adm. Code “Construction Permits".
Policy analysis
In June of 2004 the US EPA designated ten Wisconsin counties non-attainment for the 8-hour ozone ambient air quality standard. The counties of Kenosha, Racine, Milwaukee, Waukesha, Washington, Ozaukee, and Sheboygan are designated “Moderate" non-attainment areas for the 8-hr ozone standard. The remaining counties of Manitowoc, Kewaunee, and Door are designated “Basic" non-attainment areas.
The designation triggered Clean Air Act requirements for adopting rules that reduce nitrogen oxide emissions sufficiently to demonstrate attainment of the standard by 2010. A minimum requirement is the adoption of reasonably available control measures (RACM) for stationary sources in all non-attainment counties as expeditiously as possible per section 172(c) of the CAA. An overlapping requirement in “moderate" counties is adoption of reasonably available control technology (RACT) for major NOx sources. It is anticipated the RACM and RACT requirements will be equivalent for many emission units. The level of control represented by RACM and RACT is yet to be determined by the department based on an evaluation of available controls and information from potentially affected sources.
The demonstration of attainment may require more stringent controls than the minimum RACM and RACT requirements and/or include additional source categories. The additional reduction may address sources outside of the non-attainment counties but which influence the air quality in non-attainment areas. The extent of NOx control for sources and source categories is related to technical control feasibility and cost considerations in addition to projected non-attainment area air quality impacts. The overall control achievable and implemented by the stationary source program will also be balanced against NOx reductions in other emitting sector categories (mobile, area, etc..) and potentially from sources of volatile organic compounds (VOCs). Additional factors in setting the reduction targets may relate to visibility (regional haze) improvement planning needs, Industrial Boiler MACT, state and federal mercury regulation, federal requirements promulgated during rule development, and regional Governors agreements addressing regional emission reductions.
Statutory authority
Sections 172 (c) (1) and (6) and 182 (a) (2) (A) and (b) (2) and (f) [
42 USC 7502 (c) (1) and (6) and
7511a (a) (2) (A) and (b) (2) and (f)]; and 285.11 (6) and 285.14, Stats.
Staff time required
The department estimates approximately 1,500 hours will be required to develop a NOx RACT program and rules.
Comparison with federal requirements
The “NOx SIP" call, developed in 1998, provides the most recent indication of the minimum level of control expected by a Wisconsin stationary source NOx control program. The SIP call applies to twenty-one eastern states (excluding Wisconsin) to address regional NOx transport affecting 1-hour ozone attainment.
A major component of the NOX SIP call is a 70 to 80% emission reduction for the electric utility sector characterized by USEPA as “highly-cost effective". In comparison, the minimum RACT control required for the Wisconsin control program is defined by the CAA as reasonably available and cost-effective. This definition leads to an expectation that RACT controls would have an allowable cost greater than the highly cost-effective NOx SIP call control levels. Therefore, electric utility control levels for RACT in the Wisconsin NOx control program are expected to be equivalent to or greater than NOx SIP control levels.
The NOx SIP call also addressed NOx control for large sources. EPA assumed reductions of 60% for large industrial boilers, 90% for stationary internal combustion engines, and 30% for cement kilns. This range of emission reductions provides a minimum expectation for larger non-utility source RACT level of control.
Entities affected by rule
Any facility operating a combustion process such as electric generation, industrial steam generation, process heating, internal combustion engines, and incineration is potentially affected by a NOx control program. The minimum RACT requirement applies to all facilities with the potential to emit greater than 100 tons per year of nitrogen oxides. A facility emitting above this threshold is considered a major source with reductions applying to its NOx emission units and processes. As a result, RACT will apply to numerous sources and include a wide range of emission unit types and sizes. The broader RACM requirement is not limited to a major source and may extend to smaller sources or individual units as compared to the RACT requirement.
Natural Resources
Subject
Objective of the rule. Volatile organic compounds (VOC) are those organic compounds, which contribute to ozone formation through atmospheric photochemical reactions. It has been EPA's policy that organic compounds with a negligible level of reactivity need not be regulated to reduce ozone. The EPA lists these compounds in its regulations at
40 CFR 51.100(s) and excludes them from the definition of VOC. The Department's definition of “volatile organic compounds" has been identical with the federal definition. On November 29, 2004, EPA revised the definition of VOC by identifying additional compounds to be excluded from the definition of VOC. The Department is proposing to revise the definition of VOC in ch.
NR 400 to be consistent with the federal regulation. The compounds proposed to be excluded from the VOC definition are listed in the attached Rule Agenda / Board Action Checklist.
In addition the Department is proposing to revise the VOC emission control requirements for yeast manufacturing in s.
424.05. The change is intended to address an inconsistency with requirements in the national emission standards for hazardous air pollutants (NESHAP) for yeast manufacturing promulgated by EPA on May 21, 2001. The proposed revision addresses the provision in the NESHAP that 98%, rather than 100%, of the fermentation batches need to meet the existing VOC emission limits.
Policy analysis
The proposed revisions do not include any changes in policy. However the revision of the VOC definition introduces a new type of compound, an organic compound which is not considered a VOC for purposes of VOC emission limitations or VOC content requirements, but it is a VOC for purposes of recordkeeping, emission reporting, and inventory requirements.
Statutory authority
Staff time required
The estimated time needed to develop the proposed rule is approximately 330 hours
Comparison with federal requirements
Under s.
NR 400.02 (162), Wis. Adm. Code, VOC is defined as any organic compound, which participates in atmospheric photochemical reactions excluding specific organic compounds listed in s.
NR 400.02 (162). The listed compounds have been the same as those listed in a corresponding federal regulation at
40 CFR 51.100(s). On November 29, 2004 EPA revised the regulation and added some compounds to the list of compounds excluded from the definition of VOC. To incorporate the federal revision into the state regulation the Department is proposing to revise the VOC definition in ch.
NR 400.
As indicated above, the NESHAP for yeast manufacturing facilities establishes that 98% of fermentation batches are required to meet the established VOC concentration limits. Compliance with these limits is based on a 12-month rolling average. The Department proposes to incorporate these same provisions into the state regulation for VOC emission limits for yeast manufacturing in s.
NR 424.05.
Entities affected by rule
The proposed revision to the VOC definition in ch.
NR 400 affects compounds, which have potential for use as refrigerants, fire suppressant, aerosol propellants, blowing agent for manufacturing of foamed plastic, and solvents. In addition some of these compounds may be used as an alternative to ozone depleting substances such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). Industries using or manufacturing these compounds will be affected by the rule. Others who may be interested in the rule include public health agencies, environmental organizations and the general public. There is only one yeast manufacturer in Wisconsin who will be directly affected by the revision to s.
NR 424.05.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 117 to remove references to CDL Occupational Licenses and any authority to issue any occupational license authorizing operation of commercial motor vehicles. It will also clean up various administrative concerns with current occupational driver license procedures.
Policy analysis
2003 Wisconsin Act 33 caused the amendment of s.
343.10, Stats., removing the authority to issue a Wisconsin occupational driver license authorizing operation of a commercial motor vehicle.
Comparison with federal requirements
Federal Motor Carrier Safety Improvement Act of 1999 established requirements that mandate no type of hardship or occupational driver license might be issued during a period of driver license revocation or suspension.
Entities affected by rule
Drivers of commercial motor vehicles.
Statutory authority
Staff time required
80 hours
Transportation
Subject
Objective of the rule. This proposed rule making will amend ch.
Trans 201, relating to “Control of Outdoor Advertising Along and Visible from Highways on the Interstate and Federal-Aid Systems," as it pertains to abandoned nonconforming signs, consistent with federal guidance issued on January 17, 1977, interpreting
23 CFR 750.707(d)(6)(ii). The Department is facing increasingly numerous legal challenges to its longstanding policies regarding abandoned signs. Continued federal funding depends on the Department's current policies remaining in effect. The purpose of this rule making is to codify Department policy, insure continued eligibility for federal funds, and reduce litigation on this issue.
Policy analysis
Currently, the Department considers “abandoned" any nonconforming sign that for a period of 12 months or more bears only “sign for rent," a telephone number, a message offering the sign for sale, or other similar message intended to convey the availability of the sign. The Department notifies a sign owner that the Department considers a sign “abandoned" only after the 12-month period has expired.
Comparison with federal requirements
Existing federal regulations state that a nonconforming sign may continue to exist as long as it is not destroyed, abandoned or discontinued. Each state must develop criteria for defining “abandonment." The criteria may provide that a nonconforming sign that displays obsolete advertising matter or is without advertising matter for a designated period of time may be considered “abandoned" and subject to removal without compensation.
23 CFR 750.707(6). There are no proposed federal regulations intended to address nonconforming outdoor advertising signs.
Entities affected by rule
Members of the public who have occasion to see an abandoned nonconforming sign, owners of nonconforming signs, real property owners on whose lands nonconforming signs rest, advertisers, Department employees whose job is to inventory and observe outdoor advertising signs, Department attorneys who must litigate appeals of abandoned sign removal orders, private attorneys hired to appeal abandoned sign removal orders, Division of Hearings and Appeals hearing examiners whose job is to hear appeals of the Department's sign removal orders, outdoor advertising trade associations, anti-outdoor advertising associations, and FHWA officials who determine whether this state complies with the federal Highway Beautification Act
Statutory authority
Staff time required
40 hours.
Workforce Development
Subject
The Department proposes to create ch.
DWD 2, relating to the discretion the agency will use in the enforcement of rules and guidelines against a small business.
Policy analysis
Section
895.59, Stats., as created by
2003 Wisconsin Act 145, requires each state agency to promulgate a rule that requires the agency to disclose the discretion that the agency will use in the enforcement of rules and guidelines against a small business. The rule must include a reduction or waiver of penalties for voluntary disclosure by a small business of actual or potential violations of rules or guidelines and may include consideration of a violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge. Section
895.59 (2), Stats., lists circumstances under which discretion is not allowed. The Department proposes to create a rule consistent with these requirements.
Entities affected by rule
“Small business" as defined under s.
895.59 (1) (b), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer employees or which has gross annual sales of less than $5,000,000.
Comparison with federal requirements
None.
Statutory authority
Staff time required
150 hours.
