Rule-Making Notices (Hearing Notices)

Natural Resources

(Environmental Protection - Air Pollution Control)

[CR 06-110]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) and 285.27 (2) (a), Stats., interpreting ss. 285.11 (6) and 285.27 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 460, 463 and 484, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants (NESHAP) for iron and steel foundries. The U.S. Environmental Protection Agency promulgated the NESHAP for iron and steel foundries on April 22, 2004, and amended this NESHAP on May 20, 2005. The proposed rule incorporates this NESHAP, as amended, into the Wisconsin Administrative Code by creating ch. NR 463, subch. III and Appendix EEEEE in ch. NR 460. Chapter NR 484 is also amended to incorporate by reference two test methods. Since the proposed regulation is already in effect at the national level, there is little discretion for the Department in promulgating this rule. The proposed rule will affect about 26 facilities statewide.

The proposed rule will regulate the emissions of hazardous air pollutants (HAP) from those iron and steel foundries which are major sources of federal HAPs (affected sources). The proposed rule specifies particulate matter, total metal HAP, volatile organic HAP (VOHAP) and triethylamine (TEA) emission limits for various foundry processes, including scrap preheating, metal melting and pouring, and mold making. The rule also specifies operating limits for emission control devices, work practice standards for scrap selection and preheating, and includes operation and maintenance requirements that apply to control devices and capture systems.

Existing affected sources have until April 23, 2007 to achieve compliance. New or reconstructed affected sources must achieve compliance by April 22, 2004 (if initial startup is before that date) or the date of initial startup. Sources have until their final compliance date to reduce HAP emissions below the major source level and thereby avoid the rule. Sources may also become a synthetic minor HAP source to avoid the rule by obtaining and complying with a federally enforceable permit that restricts HAP emissions prior to the final compliance date.

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: Any small business which is a major source of HAP emissions and which operates an iron or steel foundry will be affected by the rule.

b. Description of reporting and bookkeeping procedures required: All affected sources must submit initial notifications, notification of compliance status, and semiannual compliance reports. Sources must develop and implement an operation and maintenance plan for all air pollutant capture systems and emission control devices. All affected sources must develop a startup, shutdown and malfunction (SSM) plan. All affected sources must keep all records and documentation relevant to compliance with the rule, including copies of all notifications and reports submitted, performance test results, operation and maintenance plans, monitoring data and SSM plans.

c. Description of professional skills required: An environmental scientist or environmental engineer with knowledge of toxic air pollutant emissions, foundry operations and air pollutant emissions, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with the proposed rule.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] 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 hearing will be held on:

Thursday, November 16, 2006 at 10:00 a.m.

Room 511, GEF #2 Building, 101 South Webster Street, Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at [phone] or by e-mail at [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Impact

These changes will have no fiscal implications for state or local government.

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order number AM-29-06.) Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until November 30, 2006. 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 532707 or by calling [phone].

Notice of Hearing

Occupational Therapists Affiliated Credentialing Board

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Occupational Therapists Affiliated Credentialing Board in ss. 15.085 (5) (b), 227.11 (2) and 448.965, Stats., and interpreting s. 448.967, Stats., the Occupational Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create s. OT 3.06 (6) and (7), relating to continuing education waivers.

Hearing Date, Time and Location

Date:   November 14, 2006

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  Room 121A

  Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before November 22, 2006 to be included in the record of rule-making proceedings.

Analysis

Statute interpreted: Section 448.967, Stats.

Statutory authority: Sections 15.085 (5) (b), 227.11 (2) and 448.965, Stats.

Explanation of agency authority:

Under the existing rules for continuing education requirements, there is no provision which enables the board to grant a postponement or a waiver of those requirements to credential holders in the event they face an illness, disability, or other type of hardship. This amendment would allow the board, on a case by case basis, to grant a postponement or a waiver if it was warranted. In addition, the proposal allows first-time credential holders to complete their continuing education requirements beginning with their first, full two-year licensure period.

Related statute or rule:

There are no other related statutes or rules other than those listed above.

Plain language analysis:

This proposed rule-making order would allow the board to consider waiving the continuing education requirements when a licensee is unable to complete them due to a hardship. It would also eliminate the need for first time licensees to meet continuing education requirements in the first cycle of licensure.

The rules of other professions permit credentialing authorities to consider circumstances that interfere with completion of continuing education obligations. Typically, the grounds for exception are limited to enumerated exigencies, such as disability, for example, or absence from the country for military service. Allowing for a waiver that is not limited would result in the board receiving requests without a convincing rationale for waiver. Conversely, disallowing all waiver requests prevents the board from acknowledging circumstances that cause hardship and can unjustly deprive a credential holder of his or her right to practice the profession.

First time licensees apply for a license at varying intervals within a renewal period. For applicants who file on a date proximate to the renewal deadline, the continuing education requirement is the same as it is for those who file on a date proximate to the previous renewal date. There is no recognition of the incongruity this creates among applicants or the difficulties it creates for applicants who must complete all continuing education credits in a very limited period of time prior to the renewal date. Some credentialing authorities pro-rate credits. Others waive the requirement altogether. Without such a provision, applicants may delay filing for a license during the first cycle of licensure to avoid fulfilling the complete continuing education obligation on an abbreviated timeline. This could have an adverse impact on patient care, depending on the demand for occupational therapists at any given time.

SECTION 1 addresses two separate items. It exempts those individuals from having to take continuing education between the time they first receive their license until they begin a full two-year licensing period. In addition, it permits the board to grant either a postponement, waiver, or partial waiver of the continuing education requirements based upon prolonged illness, disability, or other grounds that constitute hardship. Each request is to be considered individually.

Summary of, and comparison with, existing or proposed federal regulation:

There is no existing or proposed federal regulation relating to continuing education requirements for occupational therapists or occupational therapy assistants.

Comparison with rules in adjacent states:

Minnesota:

Allows licensees issued a license for a period of not less than two years to prorate the number of contact hours required for renewal based on the number of months licensed. A waiver is allowed for extreme hardship. The waiver must be in writing and must state alternative measures if a waiver is granted. A written response to the request specifies the time limitation and required alternative measures, which must be equivalent of the continuing education being waived.

Illinois:

Compliance is not required in the initial cycle of licensure. Waivers may be granted for good cause, which is comprised of military service or hardship, i.e., an incapacitating illness, physical inability to travel to sites of approved programs, or similar extenuating circumstances.

Iowa:

Exemption is allowed for first time licensees at the first renewal. An automatic exemption is allowed for military service, meeting the requirements of another state, government employees assigned to duty outside of the United States, or when absent from a state, if the professional is engaged in active practice under circumstances approved by the board.

Michigan:

Michigan does not require continuing education for renewal of license.

Summary of factual data and analytical methodologies:

The board reviewed the rules of other regulatory boards and discovered many allow for a continuing education waiver and/or a hardship exemption. Discussions were held on the merits of aligning its rules with those that allow for both.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The rule change would impose no additional record keeping requirements on small businesses. The rule would not have a disproportionate impact on small businesses.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Estimate

The department finds that the proposed rule will have no significant fiscal impact.

Effect on small business:

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before November 22, 2006 to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. OT 3.06 (6) and (7) are created to read:

OT 3.06 (6) During the time between initial licensure and commencement of a full 2-year licensure period, new licensees shall not be required to meet continuing education requirements.

(7) A licensee may apply to the board for a postponement or waiver of the requirements of this section on the grounds of prolonged illness, disability, or other grounds constituting hardship. The board shall consider each request individually on its merits and may grant a postponement, partial waiver, or total waiver of the requirements.

Notice of Hearing

Public Instruction

[CR 06-098]

NOTICE IS HEREBY GIVEN That pursuant to s. 227.11 (2) (a), Stats., and interpreting s. 115.881, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the creation of Ch. PI 30, relating to grants for high cost special education. The hearing will be held as follows:

Date and Time   Location

November 28, 2006   Madison
4:00 - 6:00 p.m.   GEF 3 Building
  125 South Webster St.
  Room 041

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Sandra Berndt at [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Rule and Contact Person

The administrative rule and fiscal note are available on the internet at http://www.dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@ dpi.state.wi.us or by writing to:

Lori Slauson

Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than December 4, 2006, will be given the same consideration as testimony presented at the hearing.

Analysis prepared by the Dept. of Public Instruction