Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.17 and 227.24 (4), Stats., the Department of Commerce will hold a public hearing on emergency rules under chapter Comm 34 relating to liability insurance for amusement rides.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
December 12, 2007	Conference Room 3C
9:30 a.m.	Thompson Commerce Center
	201 West Washington Avenue
	Madison

Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until December 21, 2007, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Copy of Rules and Analysis

The emergency rules and an analysis of the rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.091, 23.11 (1), 23.22 (2) (a) and (b) 6., 27.01 (2) (j), 29.014 (1), 29.041, 29.039 (1), 29.509 (4) and (5), 227.11 (2) (a) and 227.24 (1) (a), Stats., interpreting ss. 23.09 (2) (intro.), 23.22 (2) (a), 29.014 (1), 29.039 (1), 29.041 and 227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Order No. FH-40-07(E) pertaining to control of fish diseases and invasive species. This emergency order took effect on November 2, 2007. The emergency rule revises chs. NR 19 and 20, Wis.Adm. Code.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

December 3, 2007   Room 511

Monday     GEF #2 Office Building

at 2:00 p.m.     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 William Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copy of Rule and Submission of Written Comments

The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the emergency rule may be submitted via U.S. mail to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 3, 2007. 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 emergency rule and fiscal estimate may be obtained from Mr. Horns.

Analysis Prepared by Department of Natural Resources

The emergency rule limits the transport of live fish and fish eggs away from identified inland and outlying waters, and requires the immediate drainage of water from boats, boating equipment, fishing equipment and other containers upon removal from these waters. The emergency order adds a procedure for identifying additional waters where viral hemorrhagic septicemia (VHS) may be present. The Department may authorize the commercial harvest of wild minnows for use as bait from any water via a permit, except identified waters, and may set permit conditions to prevent the spread of VHS. Bait dealers are required to keep daily harvest and disposition records. The emergency order bans the use or possession of imported live minnows as bait, with exceptions. It also prohibits any person from using dead fish, fish eggs or any parts thereof as bait, with exceptions, and it limits the use of fish and fish parts as bait in crayfish traps and turtle traps, with exceptions. Finally, the emergency rule adds a new criterion for the issuance of permits for licensed bait dealers to use non-standard minnow gear, allowing the permits to be denied if use of the gear could spread invasive species or diseases.

Fiscal Estimate

The fiscal impact that this rule package will have on state and local government--namely the increased costs associated with addressing or containing the VHS problem--is difficult to estimate given the short amount of time that has elapsed since the discovery of the virus and the uncertainty about the extent to which the virus may or may not spread to other parts of the state. Consequently, the Department is characterizing the state and local fiscal impact as “indeterminate" until more detailed cost information becomes available.

Notice of Hearings

Natural Resources

(Air Pollution Control, Chs. NR 400—)

[CR 07-104]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (16), Stats., interpreting ss. 227.11 (2) (a), 227.14 (1m) (b), 285.11 (1) and (16), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 405, 407, 408 and 484, Wis. Adm. Code, relating to major source definition and affecting small business. The State Implementation Plan developed under s. 285.11 (6), Stats., is revised.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

December 18, 2007   Conference Room 124A and B

Tuesday     State Office Building

at 1:00 p.m.     1681 Second Avenue South

    Wisconsin Rapids

December 19, 2007   Room 413

Wednesday     GEF #2 State Office Building

at 1:00 p.m.     101 S. 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.

Copy of Rule and Submission of Written Comments

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 No. AM-34-07. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Paul Yeung, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until December 21, 2007. 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 53707 or by calling [phone].

Analysis Prepared by Department of Natural Resources

The proposed rules will amend the definition of “major stationary source" in s. NR 405.02 (22) (a), such that ethanol production facilities that produce ethanol by natural fermentation are not included in the Chemical Processing Plant category of the North American Industry Classification System. The other changes are to ss. NR 405.07 (4) (a) 20., 407.02 (4) (b) and 408.02 (21) (e), which will state that fugitive emissions from these ethanol production facilities will no longer be included in determining whether a facility is considered a major source. This rule package is initiated because of similar federal rule changes published May 1, 2007.

In addition, a federal rule clarifying two elements of the major source permitting program was promulgated on January 6, 2004. The first is the additional of a definition of replacement unit and the second clarifies a component of the emission calculation used when determining emissions under a plantwide applicability limitation (PAL). U.S. EPA has required permitting agencies to add these elements during the next reopening of the permit program regulations.

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Fiscal Estimate

The proposed changes are being done so that the Department's regulations are updated to reflect the current federal regulations. These are definition changes with no fiscal impact.

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

(Air Pollution Control, Chs. NR 400—)

[CR 07-105]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) (a), 285.11 (1) 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 and 469, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaners and the NESHAP general provisions. The U.S. Environmental Protection Agency published amendments to the NESHAP general provisions and to the NESHAP for halogenated solvent cleaning operations. Section 285.27 (2) (a), Stats., requires the Department to promulgate NESHAP into the administrative code. The amendments to the general provisions revise the language relating to startup, shutdown and malfunction plans and add force majeure as a reason for being unable to meet a performance test deadline. The amendments to the halogenated solvent cleaning rule add control requirements for continuous web cleaning machines, add a facility-wide standard and exempt small sources from the requirement to obtain an operating permit.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

January 8, 2008   Room 511

Tuesday     GEF #2 State Office Building

at 11:30 a.m.     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.

Copy of Rule and Submission of Written Comments

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 No. AM-31-07). Written comments on the proposed rule may be submitted via U.S. mail to Mr. Roger Fritz, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until January 11, 2008 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 53707 or by calling [phone].

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:

Types of small businesses affected

Any small business which is a major source of hazardous air pollutant emissions, especially the ones which operate one or more continuous web cleaning machines.

Description of reporting and bookkeeping procedures required

The proposed amendments to the halogenated solvent cleaning rule add new recordkeeping requirements for continuous web cleaning machines and the proposed general provision amendments reduce the reporting requirements for startup and shutdown episodes. Neither set of amendments adds new reporting, bookkeeping or other procedural requirements in the existing rules.

Description of professional skills required

An environmental scientist or environmental engineer with knowledge of organic hazardous air pollutant emissions, halogenated solvent cleaning operations, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with the proposed rule.

Small business regulatory coordinator

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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.

Fiscal Estimate

There will be no fiscal impact on state or local government.

Notice of Hearing

Revenue

[CR 07-091]

NOTICE IS HEREBY GIVEN that, pursuant to s. 227.11 (2), Stats., and interpreting ss. 71.04 (4) and 71.25 (6), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of rules relating to the computation of the apportionment fraction by multistate professional sports clubs.

Hearing Information

The hearing will be held at 9:00 A.M. on Monday, December 10, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.

Handicap access is available at the hearing location.

Submission of Written Comments