Scope Statements
Children and Families
Subject
Revises Chapter
DCF 56, relating to foster care levels of care.
Policy Analysis
Levels of Care, Phase Two
•
Rules providing levels of care that a licensed foster home is certified to provide. Those levels of care shall be based on the level of knowledge, skill, training, experience, and other qualifications that are required of the licensee, the level of responsibilities that are expected of the licensee, the needs of the children who are placed with the licensee, and any other requirements relating to the ability of the licensee to provide for the needs of the child that the department may promulgate by rule.
•
Rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, the assessment shall be used to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs. A foster home that is certified to provide a given level of care may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is certified to provide. A foster home that is certified to provide a given level of care may not provide foster care for any child whose needs are assessed to be above that level of care unless the department, county department, or child welfare agency issuing the foster home license determines that support or services sufficient to meet the child's needs are in place and grants an exception to that prohibition.
•
Rules providing monthly rates of reimbursement for foster care that are commensurate with the level of care that the licensed foster home is certified to provide and the needs of the child who is placed in the foster home. Those rates shall include rates for supplemental payments for special needs of the child and exceptional circumstances for a foster home that is receiving an age-related monthly rate. In promulgating the rules, the Department shall provide a mechanism for equalizing the amount of reimbursement received by a foster parent prior to the promulgation of those rules and the amount of reimbursement received by a foster parent under those rules so as to reduce the amount of any reimbursement that may be lost as a result of the implementation of these rules.
•
Rules providing a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
The Department is implementing the rules on levels of care in two phases. A previous rulemaking order created the process for certification of licensed foster homes at Level 1 and Level 2. This rulemaking order will create the requirements for foster homes and licensing agencies at Levels 3 to 5, establish the customized assessment tool, provide the process to determine monthly rates of reimbursement above the basic maintenance payment under levels of care, and provide for a monthly retainer fee for a foster home that agrees to maintain openings for emergency placements.
Physical Restraint of Foster Children
A physical restraint is any physical hold, apparatus, or mechanical support, excluding a medical restraint prescribed by a child's physician, that interferes with the free movement of a person's limbs or body. The proposed rules will provide that generally foster parents may not use any type of physical restraint with a foster child unless there is an immediate risk to the safety of the foster child or another person that cannot be managed by alternative means. An exception approval process will allow for limited circumstances in which foster parents would have approval to use physical restraint with a foster child. Foster parents shall use means of diffusing a situation such as de-escalation techniques rather than physical restraint whenever possible.
Protecting Foster Children from the Effects of Second-Hand Smoke
The proposed rules will also require that foster parents refrain from smoking or allowing any other person to smoke in the foster home while foster children are present and refrain from smoking or allowing any other person to smoke in vehicles while transporting foster children. The licensing agency may grant a non-safety related waiver to this requirement for a foster parent who is a relative of the child, unless granting the waiver is contraindicated by the specific health needs of the child in care.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Prospective and current foster parents, county and tribal human or social services agencies, and licensed child-placing agencies.
Estimate of Time Needed to Develop the Rule
400 hours.
Contact Information
Jonelle Brom, Out-of-Home Care Specialist
Bureau of Permanence and Out-of-Home Care
Phone: (608) 264-6933
Employee Trust Funds
Subject
Repeals and recreates section
ETF 20.055 to reflect statutory changes in department practices regarding spousal consent on benefit applications.
Policy Analysis
ETF is responsible for administering the benefit programs authorized under Chapter
40 of the Wisconsin Statutes. Since s.
ETF 20.055 was promulgated, a spousal consent provision for separation benefits was enacted in
1993 Wisconsin Act 426. The purpose of this rulemaking is to amend s.
ETF 20.055 to reflect the provisions in Wisconsin Act 426 and expand the language related to spousal consent waivers.
Statutory Authority
Comparison with Federal Regulations
No existing or proposed federal regulation addresses the contemplated rule changes.
Entities Affected by the Rule
The new rules will affect Wisconsin Retirement System participants and their spouses.
Estimate of Time Needed to Develop the Rule
State employees will spend an estimated 35 hours to develop these rules.
Financial Institutions — Securities
Subject
Revises section
DFI-Sec 1.02, relating to the definition of “institutional investor".
Policy Analysis
The proposed rule will create s.
DFI-Sec 1.02 (21) (a) to
(g). The purpose of this rule is to reinstate former rule s.
DFI-Sec 1.02 (8) (a) to
(c) and
(e) to
(h) regarding the “institutional investor" definition inadvertently deleted in the 2009 securities rule revisions.
Statutory Authority
Comparison with Federal Regulations
Rule 501(a) (1)-(3) of the federal Securities Act of 1933.
Entities Affected by the Rule
Issuers of registered securities or securities exempt from registration, broker-dealers and their securities agents, investment advisers and their investment adviser representatives, federal and state securities regulatory authorities, and securities self-regulatory organizations.
Estimate of Time Needed to Develop the Rule
20 hours.
Contact Information
Mark Schlei, Deputy General Counsel
Dept. of Financial Institutions — Office of the Secretary
P.O. Box 8861, Madison, WI 53708-8861
Phone: (608) 267-1705
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
Subject
Revises s.
DHS 1.06 (3) (d) and
(e), relating to the retention of records and the designation of files as either active or inactive.
Objective of the Rule
The objective is to change the treatment of active and inactive client records. Active client records are those records with a liability still attached; and inactive client records are those records that have been paid in full or have been determined to be uncollectible and their liability has been adjusted to zero thereby eliminating liability. The rule changes also reduce the amount of time all inactive client records are retained from 10 years to 5 years. All active client records are retained until they become inactive.
Policy Analysis
The first part of the rule changes will change the treatment of active and inactive client records. It is important to note that these rule changes only impact those financial records defined in s.
DHS 1.06 (3) (a). Currently, s.
DHS 1.06 (3) (d) provides that active records are those where a liability exists, except for those files where the client has received inpatient mental health services. Section
DHS 1.06 (3) (e) does not provide a definition for inactive client records and requires the retention of inactive mental inpatient records for 10 years. The Department wants to remove the exception for inpatient mental health services for active client records, and simply define all client records as active when a liability exists; and define inactive files as those files without a liability, whether that occurs because the liability has been paid in full or if the file has been determined to be uncollectible and the liability on the file has been adjusted to zero. The Department also wants to remove the exception for inactive mental inpatient records within s.
DHS 1.06 (3) (e) and retain all inactive records for 5 years.
The Department believes it is necessary to move forward with these rule changes for several reasons:
(1) The Department has changed its business practices and no longer recognizes the distinction between inpatient mental health client records and all other client records. Thus, client records for inpatient mental health clients need not be held for a longer period of time;
(2) This distinction has created confusion across the counties and has led to different applications of the rules across those counties. By simplifying the rules and removing this confusing distinction, the Department will increase uniformity across the State; and
(3) The Department will save on storage costs by shortening the time records are held.
These proposed rule changes are administrative in nature and will not have a significant impact on the public. The Department, and various counties of the State, will realize decreased costs and reduce unnecessary spending, along with an increase in uniformity and accountability.
Statutory Authority
Comparison with Federal Regulations
There appears to be no existing or proposed federal regulation that addresses the activities to be regulated by the proposed rules.
Entities Affected by the Rule
Various counties across the State.
Dept. of Health Services — Bureau of Fiscal Services — Billing and Collections.
Estimate of Time Needed to Develop the Rule
The Department expects less than ten hours to develop the rule and needs no other resources.
Contact Information
James Anderson Phone: (608) 266-1917
Troy Kitzrow Phone: (608) 266-5984
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Revises section
MPSW 1.09 to allow licensed marriage and family therapists, professional counselors and clinical social workers to engage in substance abuse counseling without seeking separate certification as a substance abuse counselor under s.
440.088, Stats. Additionally, the intended revision will eliminate the provisions for applying for and receiving a substance abuse specialty within s.
MPSW 1.09.
Objective of the Rule
The objective of the rule change is to allow ch.
457, Stats. licensed professionals to engage in substance abuse counseling without requiring them to become certified substance abuse counselors under s.
440.88, Stats. The board also intends to eliminate the specified education hours and training required for the substance abuse specialty, as well as the granting of the substance specialty under s.
MPSW 1.09. For those providing ongoing treatment of substance abuse counseling, the amended rules will require an as of yet unspecified amount of hours in continuing education. The changes pursued by the board will allow licensed marriage and family therapists, professional counselors and clinical social workers to provide therapy for primary and co-occurring substance abuse disorders if they are adequately trained to do so without need of additional certification. Other master's level credential holders, i.e. certified advanced practice and independent social workers, marriage and family therapists and professional counselor training license holders, could provide such services under adequate supervision. The envisioned changes to the rule will require certified social workers to pursue substance abuse counselor certification under s.
440.88, Stats., in order to provide substance abuse counseling services.
Policy Analysis
Currently, under s.
MPSW 1.09, a person credentialed by the board may use the title “alcohol or drug counselor" or “chemical dependency counselor" only if he or she is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the Department of Health.
(Note: 2005 Wis. Act 25 transferred the authority for regulation of substance abuse counselors from the Department of Health Services to the Department of Regulation and Licensing.) A person credentialed by the board may treat alcohol or substance dependency or abuse only if he or she is qualified to do so by education, training and experience.
Under s.
457.02, Stats., marriage and family therapists, professional counselors and social workers are not authorized to treat alcohol or substance dependency or abuse as a specialty unless the individual is a certified substance abuse counselor, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the board. The statutory guidelines for promulgation of those rules advise the board to consider the existing requirements for state certification of substance abuse counselors, however the statute does not direct the board to adopt or use state rules as a guideline.
Finally, it is the position of the board that licensed professionals who have had the requisite education, training and experience in treatment of substance abuse may provide substance abuse therapy as treatment of such is included with the definition of psychotherapy and the provision of psychotherapy is within their legal scope of practice. The limiting factor of the disorders that a therapist treats is their prior training and experience and is an issue of ethics. i.e., a therapist may not ethically practice in areas in which they lack competence.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Marriage and family therapists, professional counselors and social workers — all levels will be affected by the rule (credential holders).
Estimate of Time Needed to Develop the Rule
Approximately 120 hours.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Revises section
MPSW 3.13, relating to social worker training certificates.
Objective of the Rule
To clarify and update s.
MPSW 3.13, regarding requirements for issuance of a social worker training certificate. The objective of the proposed updates is to reduce confusion among prospective applicants, streamline and clarify education and training approval procedures, and increase education requirements required under the social worker training certificate so that they are equivalent to the requirements of an accredited baccalaureate degree in social work.
Policy Analysis
The social worker training certificate was enacted in law to allow students with undergraduate degrees in a small number of social-science majors to obtain basic level social worker certification by completing a number of social work courses and a supervised internship or work experience. The statutes allow persons with undergraduate degrees in three specific majors (sociology, psychology, and criminal justice) to automatically qualify for the training certificate. Additionally, there is a category of “other human service degree programs" which the social worker section has come to believe is poorly defined in s.
MPSW 3.13. In the section's view, the current rules regarding this option have created significant problems for persons applying for the certificate and for the department since each application must be reviewed by the section individually in order to determine if the major meets the requirements. Further, applicants seek approval for the certificate after they have completed a program, and may be disappointed to learn that their program does not meet the requirements of the social worker training certificate. Applicants and employers may be harmed if an applicant takes a job that requires the training certificate but later learns that the applicant's degree major does not meet the minimum requirements. These persons use a disproportionate amount of department staff time in attempting to pursue a credential that they are not able to obtain with their educational background. (e.g. After they complete their education, they may have a job opportunity that requires certification, they apply, are denied and afforded a class 1 hearing before the section. If they do not prevail, the typical result is termination from their social services position.) The social worker section is modifying its rules to create a process for preapproval of majors in order to provide clear guidelines to applicants, employers, colleges and universities, and department staff as to which “other human services" degrees will meet the requirements.
Additionally, the Council on Social Work Education (CSWE) has revised their requirements for the baccalaureate degree in social work. Significant changes to the CSWE educational policy and accreditation standards go into effect later in 2010, and all social work degree programs will be reviewed according to these new guidelines. The social worker section believes that as the standards for the accredited bachelor's degree in social work is increasing; there is a subsequent need to modify the existing rules to make the educational requirements for the social worker training certificate more equivalent to a baccalaureate degree in social work given these new guidelines. According to s.
457.09 (4), Stats., the social worker training certificate sets standards to create a path towards equivalency with a baccalaureate degree in social work. The social worker section is responsible for establishing rules which spell out the requirements for the social worker training certificate to meet the equivalency standards, and the current rules regarding course requirements, internships, and employment need to be updated to reflect the changing standards in the field of social work.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Social workers.
Estimate of Time Needed to Develop the Rule
Approximately 120 hours.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
DNR # ER-35-10
Subject
Revises Chapter
NR 27, relating to the listing of cave bats as threatened species.
Objective of the Rule
The Department is in the process of implementing surveillance, monitoring, research and outreach programs that are designed to help slow the spread of white-nose syndrome (WNS) upon its arrival in the state. The Department will be seeking to make changes to Wis. Adm. Code Ch.
NR 27 to include listing cave bats as threatened. With no regulatory authority for cave bats, the objective of listing is to provide immediate protection for the four species of cave bats that meet listing criteria, and address the emerging spread and threat of WNS to the state bat populations. The NR Board heard an informational item on the cause and spread of WNS several months ago. The Department anticipates the need to have a rule approved by the NRB by December, 2010 in order to manage the disease effectively.
Policy Analysis
Currently bats receive no protection in the state. Listing cave bats as threatened will provide adequate authority to minimize additional sources of mortality and begin work with stakeholders to implement best management practices. The alternative action of do nothing does not allow the Department to carry out management actions needed to limit the spread of WNS in the state or minimize bat mortality.
Statutory Authority
Comparison with Federal Regulations
No known federal regulations or decisions.
Entities Affected by the Rule
Groups likely affected by the the listing of cave bats include commercial caves and mines, recreational cavers, wildlife rehabilitators, animal control operators, private cave and mine owners, the agricultural and forest industry and the conservation community. The Department has been working with these groups to identify concerns and opportunities for collaboration in the effort to slow the spread of WNS and protect Wisconsin cave bats.
Estimate of Time Needed to Develop the Rule
The Department anticipates that approximately 374 hours of staff time will be needed.
Contact Information
Erin Crain
Bureau of Endangered Resources (ER/6)
GEF 2, Madison WI 53707
Phone: (608) 267-7479
Natural Resources
Fish, Game, etc., Chs.
NR 1—
DNR # IS-41-10
Subject
Revises section
NR 40.04, relating to the listing of
Geomyces destructans as a prohibited invasive species.
Objective of the Rule
The rapid spread of white-nose syndrome (WNS) in bats necessitates immediate action on the part of the Department. The Department is requesting approval to list the white nose fungus as an invasive species: the addition of Geomyces destructans to the prohibited species listed in Wis. Adm. Code NR 40.04. Listing the fungus as a prohibited invasive species under NR 40.04 give the Department the ability to effectively manage the fungus' spread and limit human transport. Wisconsin cave bats travel large distances, sometimes hundreds of miles from their summer roosting areas to their overwintering grounds to hibernate. Wisconsin has some of the Midwestern United States' largest populations of cave bat species, and it is also known that bats are shared with neighboring states. Therefore, allowing this invasive species of fungus to spread unchecked has the potential of facilitating its spread throughout the region. The Department anticipates the need to have a rule approved by the NRB by December, 2010 in order to manage WNS effectively.
Policy Analysis
Geomyces destructans is a nonnative species to Wisconsin, with a likely European origin, and its introduction will cause economic and/or environmental harm. Two recent peer-reviewed journal articles have found and described the same fungus in four European countries. The most likely mode of introduction into the United States would have been through human transport of the fungus.
Based on evidence from the states where WNS has been found, the fungus has the potential of greatly reducing or extirpating Wisconsin's cave bats by 70% in the first year, and greater than 90% in the second year after the introduction. Bats are primary predators of night flying insects, many of which are agricultural, forest, and human health pests such as mosquitoes which can transmit the West-Nile virus. Indirect and direct economic impacts are tied to likely increases in chemical pesticides costs needed to combat the agriculture and forest insect pests with population decline of these species.
Although the 2009/2010 winter surveys did not indicate the fungus is in Wisconsin, it has been found in neighboring states and is at present as close as 250 miles south of our border in Missouri and 300 miles north of our border in Ontario Canada. Little brown bats, currently Wisconsin's most common cave bat, are known to migrate over 270 miles and the fungus has been shown to spread as far as 900 miles in one year.
The limited number of hibernacula in the state makes it feasible to implement control efforts having long-term protection benefits. Current research is investigating methods for environmental control and treatment of affected sites. There are also actions presently available to help slow the spread while waiting for additional treatment options to become available.
There is no recognized, anticipated, or likely beneficial use or commercial value of the fungus Geomyces destructans itself. The negative socio-economic impacts are related to reduced recreational opportunities for cavers. Conversely, introduction of the fungus will likely increase agricultural and forestry expenses needed to combat pests, and reduced crop production of organic farms. Finally, wildlife viewing areas to watch fall swarming behavior at hibernacula would no longer be an option for citizens interested in experiencing the night-time flight emergence of some of Wisconsin's important natural resources.
The alternative action of do nothing does not allow the Department to carry out management actions to limit the spread of WNS in the state or minimize mortality.
Statutory Authority
Comparison with Federal Regulations
No known federal regulations or decisions.
Entities Affected by the Rule
Groups likely affected by the bat management rule and the listing of cave bats include commercial caves and mines, recreational cavers, private cave and mine owners, the agricultural and forest industry and the conservation community. The Department has been working with these groups to identify concerns and opportunities for collaboration in the effort to slow the spread of WNS.
Estimate of Time Needed to Develop the Rule
The Department anticipates that approximately 374 hours of staff time will be needed.
Contact Information
Erin Crain
Bureau of Endangered Resources (ER/6)
GEF 2, Madison WI 53707
Phone: (608) 267-7479
Natural Resources
Fish, Game, etc., Chs.
NR 1—
DNR # FR-45-10
Subject
Revises Chapter
NR 46, relating to administration of the Managed Forest Law (MFL) Program.
Objective of the Rule
2009 Wisconsin Act 365 was signed into law on May 18, 2010 and provides a multitude of benefits to landowners, DNR and cooperating foresters, and local municipalities. It simplifies the application process for landowners and foresters by eliminating the multiple deadlines, provides options for stepped enforcement to encourage compliance and keep land under the law, provides better notification to buyers of MFL lands so that informed decisions on land transactions can be made, and provides improved avenues for local municipalities to receive their tax revenue from landowners when timber sales occur. Overall, 2009 Wisconsin Act makes the MFL program easier to explain, enter and enforce. NR 46, Wis. Admin. Code needs to be amended as a result of Act 365 to reflect current statutory language.
DNR is also continuing to streamline the administration of the MFL program to reduce undue process. New computer mapping programs make it necessary to eliminate long held mapping standards to support GIS capabilities. Review and referral periods will need amendment as a result of changes to computer data collection and on line application review systems. Changes to the management plan development process for private, non-industrial landowners purchasing lands from large, industrial accounts are also being sought to facilitate sound management of these forested acreages. These and other changes to the administration of the MFL program will allow for faster development and approval of MFL applications, and will eliminate processes and programs that are no longer needed.
Policy Analysis
Wisconsin's Managed Forest Law (MFL) was created in 1986 for the purpose of promoting sound forestry practices on privately owned woodlands. Since 1986 the MFL program has been amended many times to balance the incentive for private landowners to enroll in MFL program with the public willingness to support it. The sum of these changes had made the MFL program complex and difficult to explain, enter and enforce.
Changes as a result of
2009 Wisconsin Act 365 have simplified many provisions of the MFL program. In addition, computer programming tools will also reduce or eliminate complex processes, further simplifying the MFL program.
Most changes required in NR 46 as a result of Act 365 are not a change from past policy. Terminology changes add clarity to landowners and partners. Changes in application deadlines do not change past policy since landowners have always had deadlines to apply for MFL. The changes due to application, approval and referral deadline changes do not represent a change in policy since these deadlines have always existed.
A change in policy will result in requiring small, non-industrial landowners who purchase large industrial lands to have a proposed management plan developed as part of the transfer process. Currently the department could take up to three years to develop these management plans. Requiring the landowner to develop a proposed management plan would allow for these lands to have a forest inventory and management practice schedule within one year, thus insuring that sustainable forestry is being practiced. Certified plan writers would likely develop these management plans.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed federal regulations to compare with Wisconsin's Managed Forest Law or Forest Crop Law programs.
Entities Affected by the Rule
Landowners who are enrolling lands into the MFL program or who are purchasing lands that are already enrolled in the MFL program.
Certified plan writers and department foresters who are developing application material for landowners.
Department foresters who are reviewing application materials or are administering the provision of the MFL program.
Estimate of Time Needed to Develop the Rule
The department estimates that approximately 138 hours of existing staff time will be needed to develop this rule. The time includes meeting with department staff and surveying certified plan writers to collect information on standards, drafting the rule, taking the rule to statewide public hearing, preparation for meetings with the Natural Resources Board, legislative review, and rule adoption.
Contact Information
Kathy Nelson, Forest Tax Policy Chief
Wisconsin Department of Natural Resources
101 S. Webster Street — P.O. Box 7921
Madison, WI 53707-7921
Phone: 608-266-3545
Natural Resources
Environmental Protection — General, Chs.
NR 100—
DNR # OE-46-10
Subject
Revises Chapter
NR 150, relating to the Department's implementation of the Wisconsin Environmental Policy Act (WEPA) and s.
1.11, Wis. Stats.
Objective of the Rule
The Department proposes to repeal and replace Ch.
NR 150, Wis. Adm. Code,
Environmental Analysis and Review Procedures for Department Actions. Chapter
NR 150 was first promulgated in 1981 and last comprehensively reviewed and revised in 1987.
The rule change will make the Department's WEPA compliance more effective, meaningful and consistent with WEPA and s.
1.11, Wis. Stats. A new rule will emphasize the analysis of broad issues and policies, de-emphasize document production for individual project actions, and provide meaningful public involvement. The new rule will require that the Department:
(1) Identify and analyze environmental issues important for their geographic, multidisciplinary, or policy scope;
(2) Analyze issues earlier, when alternative options have not been foreclosed, and on an ongoing basis;
(3) Provide that environmental analysis information be incorporated into departmental policy and decision-making;
(4) Define and provide meaningful public involvement;
(5) Address the information/policy-driven requirements of s.
1.11 (2) (e) and
(h) as separate from the action/ project-driven requirements of s.
1.11 (2) (c);
(6) Identify and eliminate process requirements that have become duplicative over time as a result of changes in statutory authorities and administrative practice; and
(7) Replace the current Ch.
NR 150, Wis. Adm. Code, type list with criteria for identifying, prioritizing, analyzing and seeking public input on relevant issues.
Office of Energy and Environmental Analysis (OEEA) staff will lead this rule revision effort. They will work with an internal team of staff from several Department programs impacted by the rule to obtain their input. We also plan to involve potentially interested and affected external parties.
Policy Analysis
WEPA and NR 150 are cornerstone laws for the agency that date back to the early 1970's. The last major revision to this administrative code was in 1987. Given the many changes in Department activities since then, the code is now substantially outdated and contains many procedural requirements which create workload inefficiencies for Department staff and confusion for the public.
The fundamental Department policy regarding WEPA, as currently embodied in NR 150, will not change. The rule re-creation may result in a number of procedural changes and a new emphasis on how the Department applies the Wisconsin Environmental Policy Act, especially to its policy development actions
Statutory Authority
Comparison with Federal Regulations
The 1970 Wisconsin Environmental Policy Act (WEPA) and s.
1.11 Stats., were modeled after the National Environmental Policy Act (NEPA) of 1969. NEPA created the Council on Environmental Quality (CEQ), that established guidelines and regulations to implement the Act. As with other state agency WEPA rules, NR 150 was based in part upon the federal CEQ guidelines. This revision of NR 150 will remain true to the CEQ guidelines.
Entities Affected by the Rule
As NR 150 applies to all Department actions, but is a requirement that DNR must meet. Many of those regulated entities and interested parties that are involved in the full array of DNR actions including planning, policy making, and permitting, may have an interest in the revised rule. We expect to involve key stakeholder groups in the advisory committee and in the public outreach for the rule, with an expectation that those representing major regulated groups and those representing conservation and natural resource interests will likely be most heavily involved.
Estimate of Time Needed to Develop the Rule
The Department estimates the following hours of existing staff time will be needed to develop these rules:
OEEA — 300 hours
Legal — 80 hours
M&B — 1.5 hours
Contact Information
David Siebert, Director
Office of Energy and Environmental Analysis OEEA/7
Wisconsin Dept. of Natural Resources
101 S. Webster Street — P.O. Box 7921
Madison, WI 53707-7921
Phone: (608) 264-6048
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
DNR # AM-44-10
Subject
Revises Chapters
NR 419,
421,
422, and
423, relating to reasonably available control technology (RACT) rules for volatile organic compounds (VOC).
Objective of the Rule
The purpose of the proposed rules will be to correct deficiencies identified by U.S. EPA (EPA) with the DNR's recently adopted VOC RACT rules. This will require revisions to Chapters
NR 419,
421,
422 and
423 of the administrative code and may involve amendments to other chapters necessary to accomplish the purpose of the VOC RACT rules and associated control techniques guideline (CTG) documents. Other amendments to these chapters may also be made to clarify existing requirements.
The rule revisions are necessary to obtain EPA approval of the adopted rules into the state's federally-approved state implementation plan (SIP) as a condition of Wisconsin's strategy for attainment of the 1997 ozone standards.
Policy Analysis
Since EPA has developed CTG documents for the states to follow, the Bureau of Air Management does not expect to deal with major policy decisions related to rule drafting. The proposed rule changes address EPA's identified deficiencies in the recently adopted VOC RACT rules. However, some minor changes to EPA's guidelines may be necessary to improve implementation in Wisconsin.
Statutory Authority
Section
285.11 (6), Wis. Stats., requires DNR to develop a plan for the prevention, abatement and control of air pollution. With limited exceptions, the rules or control strategies for ozone control must conform to the federal Clean Air Act.
Comparison with Federal Regulations
To guide the states' VOC RACT rule development, EPA has developed CTG documents that the states must follow in establishing applicability criteria, emission limits and other requirements for RACT rules. DNR's rule development will be based on and consistent with EPA guidance documents, but some minor changes from EPA's guidelines may be necessary to improve implementation in Wisconsin.
Entities Affected by the Rule
Affected parties include industrial sources in the various identified categories. These categories are: synthetic organic chemical manufacturing; industrial wastewater; industrial solvent cleaning; lithographic printing; letter press printing; flexible package printing; flat wood panel coating; paper, film, and foil coating; large appliance coating; and metal furniture coating. There are several other organizations that may not be directly affected by the rule, but are likely to have an interest in rule development including Wisconsin Manufacturers and Commerce, Printing Industries of Wisconsin, environmental organizations such as Clean Wisconsin and Sierra Club, and public health organizations.
Estimate of Time Needed to Develop the Rule
Since the proposed rules involve a number of source categories, the Bureau of Air Management expects to use multiple rule drafters for the various VOC RACT categories. A total of about 620 hours is needed for the rule making project.
Contact Information
Joseph Hoch OR John H. Melby, Jr.
WI DNR – AM/7 WI DNR – AM/7
PO Box 7921 PO Box 7921
Madison, WI Madison, WI
53707-7921 53707-7921
