⍽ increases the maximum level of state contribution allowed under the grant programs from $200,000 to $400,000
⍽ varies the state contribution percentage for dam repair and reconstruction projects, depending on the size of the projects
⍽ increases the percentage of state contribution to 100% up to the maximum grant award for dam removal projects
⍽ eliminates statutory definition of “small dam" for dam removal grants
⍽ provides for an inventory of dam safety projects with a notification for dam owners
⍽ changes the definition of large dam to match change in s.
31.19, Stats.
⍽ allows for cost effective, non construction activities that increase the safety of a dam
•
Facilitate investing the $4 million allocation of bonding for the program
⍽ grants greater flexibility for implementation of a grant application cycle
⍽ adjusts code timelines and better defines application requirements to address past implementation difficulties and assure more applications can be deemed complete
⍽ sets additional criteria for ranking applications and allows for adjustment to the ranking procedures outside of Administrative Code process
⍽ allows for the addition of a variance clause which would facilitate the implementation and administration of NR 335
⍽ makes it easier applicants to the Municipal Dam Grant program to pair the grant with other, outside funding sources
⍽ corrects incorrect definitions and statute citations
⍽ clarifies that state agencies may use the grants to remove abandoned dams
⍽ clarifies that an owner can only submit one application at a time per dam for funding under NR 335 and cannot get a grant for the same dam under NR 335 and NR 336 in the same year
Comparison with federal regulations
The U.S. Department of Agriculture, Natural Resource Conservation Service (NRCS) has a cost sharing program for the rehabilitation of dams built under Public Law 566. Funding for this federal program is limited but if a dam owner is successful in obtaining funding from both programs the state grant would help the county pay their 35% local cost share requirement under the federal program. There are also a number of federal programs which fund dam removal and stream restoration, including programs from U.S. Fish and Wildlife Service, NRCS and the National Oceanic and Atmospheric Administration. These programs have been used in conjunction with grants awarded under NR 336 in the past. The programs are complimentary and pairing of the finding sources allows grant funds to go toward more projects.
Comparison with rules in adjacent states
No similar programs in Illinois, Iowa, Michigan and Minnesota.
Summary of factual data and analytical methodologies
None.
Analysis and supporting documents used to determine the effect on small business
No formal analysis was completed as the existing rule does not significantly impact small business, therefore the propose revisions to the rules will have not impact to small business.
Preparation of an economic impact report was not requested.
Small Business Impact
The proposed rule revisions are not expected to have a significant economic impact on small business because no new regulations are imposed on them. If a small business did own a dam the rules provide an opportunity for financial assistance for removing the dam if the business chose to do so.
Environmental Analysis
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate
Summary
The proposed changes incorporate recent changes with no fiscal impact to state and local governments, and no anticipated significant fiscal impact to the private sector.
State fiscal effect
No state fiscal effect.
The 2009-2011 Budget Bill,
2009 Wisconsin Act 28, did not provide additional staff or funding for administering the dam grant programs, therefore, the costs associated with handling the additional demand for dam grants will be absorbed with existing staff and within the existing budget. It is assumed that the $4 million in bonding will be allocated as soon as possible. Assuming an 8% annual amortization rate, the allocation of the bonding will result in an annualized costs of $320,000 in bonding repayments. However, these costs will occur regardless of the action on this rule package, so these costs are included in this fiscal note for information purposes only.
Local fiscal effect
Decrease costs; permissive.
The rule package makes it easier for municipalities, lake districts, and persons who own the dam to leverage grant funds and thus provides a greater financial incentive to apply for grants.
Types of local governmental units affected
Towns, Villages, Cities, Counties, Lake Districts, Tribes.
Agency Contact Person
Meg Galloway
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone: (608) 266-7014
Fax: 608.267.2800
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control, Chs. NR 400—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed amendments to sections
NR 433.05 and
433.06, relating to implementation of best available retrofit technology for the protection of visibility in mandatory class
I federal areas. The proposed amendments relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6), Stats., will be revised.
Hearing Information
Date and Time Location
April 26, 2010 WI DNR Building (GEF 2)
Monday Room G09
at 1:30 PM 101 S. Webster Street
Madison, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53703; by E-mail to
Robert.Eckdale@wisconsin.gov; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the Proposed Rule and Fiscal Estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi. us/air/rules/calendar.htm. A printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-2856.
Submission of Written Comments
Comments on the proposed rule must be received on or before Friday, May 7, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Tom Karman
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone: 608 264-8856
Fax: 608.267.0560
E-mail:
thomas.karman@wisconsin.gov
Analysis Prepared by the Department of Natural Resources
Statute interpreted
Section
285.11 (6), Stats. The State Implementation Plan developed under s.
285.11 (6), Stats., is revised.
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives state agencies general rulemaking authority. Section
285.11 (1), Stats., authorizes the Department to develop rules consistent with ch.
285, Stats. Section
285.11 (6), Stats., authorizes the Department to develop and revise the State Implementation Plan for prevention, abatement and control of air pollution.
Related statute or rule
None.
Plain language analysis
The proposed rule modifications pertain to ch.
NR 433 which regulates Best Available Retrofit Technology (BART) for the protection of visibility in mandatory class I federal areas. These BART requirements pertain to controlling emissions of particulate (PM), nitrogen oxides (NOx) and sulfur dioxide (SO
2) from certain stationary sources which cause or contribute to impairment of visibility.
The rules for Best Available Retrofit Technology currently require the owner or operator of a source, which has been determined to be subject to BART controls, to have those controls in place and operating "as expeditiously as practicable" but no later than December 31, 2013. The Department is proposing to extend the final allowed compliance date to December 31, 2015. The extended compliance date provides additional time for sources which are undergoing significant installations of control equipment, particularly in the case of a source implementing controls for multiple pollutants or emissions units. Extending the final compliance date to December 31, 2015 does not relax the requirement for controls to be in place as expeditiously as practicable.
The Department also proposes to clarify and to provide additional flexibility to the averaging provisions in the rule. The additional flexibility allows an owner or operator of a BART affected source to submit a proposed emissions averaging plan at any time, not just during the initial BART determination process.
Comparison with federal regulations
The Board initially established ch.
NR 433 in January 2008 to satisfy BART requirements set forth by the US Environmental Protection Agency (EPA) under the regional haze regulation published July 6, 2005 Federal Register (70 FR 39104). In that regulation the US EPA required all states to develop programs to assure reasonable progress toward meeting the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I Federal Areas resulting from manmade air pollution. The application of Best Available Retrofit Technology (BART) on certain stationary sources is one of the core requirements for the implementation plan for regional haze.
Comparison with similar rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota have adopted the same approach in meeting BART requirements for industrial sources as Wisconsin. These states have identified BART eligible sources and are moving forward with the determination of applicable control requirements according to US EPA criteria.
Summary of factual data and analytical methodologies
The proposed rule modifications are the result of issues identified during the initial implementation of the BART rule requirements in Wisconsin. The Department found that facilities needed extra time to comply with BART requirements, particularly facilities that need multiple control equipment installations and those facilities facing multiple state and federal requirements for the same sources. Additionally, the Department found, during application of the trading requirements, certain provisions to be confusing or needing clarification.
