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.
Analysis and supporting documents used to determine the effect on small business
No small business is subject to BART controls under the existing BART rules. Therefore the proposed rule modifications have no direct effect on small business.
Small Business Impact
There is no direct effect on small business.
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
The proposed rules have no fiscal effect on state and local government, and no significant fiscal effect on the private sector. The proposed revisions to ch.
NR 433 do not alter which sources are subject to BART, the required level of emission control, or final compliance requirements under the Wisconsin BART rules. Based on this premise, there is no change anticipated for the fiscal cost of implementing the BART rule.
Agency Contact Person
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
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.14 (1) (a),
85.16 and
227.11, Stats., the Department of Transportation will hold a public hearing to consider the repeal of sections
Trans 196.04 (1) (d) and
250.04, and the creation of Chapter
Trans 198, Wis. Adm. Code, relating to motor vehicle convenience fees.
Hearing Information
The hearing will be held:
April 21, 2010
at 11:00 a.m.
|
Hill Farms State Transportation Bldg.
Room 144-B
4802 Sheboygan Avenue,
Madison, WI
|
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 Carson Frazier at (608) 266-7857 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail: carson.frazier@dot. state.wi.us. Copies will also be available at the hearing.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Wisconsin Department of Transportation is authorized to accept payment by credit card, debit card, or any other electronic payment mechanism for a fee for certain motor vehicle products or services and to establish a convenience fee charged for any transaction so paid, pursuant to s.
85.14 (1) (a), Stats.
Related statute or rule
Plain language analysis
Section
85.14, Stats., as amended in
2009 Wis. Act 28, allows the Department to accept payments by credit card, debit card, or any other electronic payment mechanism for fees required to be paid to the Department under chs.
194,
218,
341,
342,
343, or
348, which are motor vehicle statutes.
Section
85.14, Stats., permits the Department to charge a convenience fee in an amount to be established by rule. The convenience fee shall approximate the cost to the Department for providing this service to persons who request it.
The proposed rule establishes the convenience fee. The proposed rule provides that the Department will determine the fee annually or as the Department determines necessary due to changes in fees that the Department may be required to pay the Enterprise Bank. The Department will determine the convenience fee in consultation with the State Controller's Office (which is responsible for managing the State's contract for Enterprise Banking Services). The Department will publish the fee on its internet web site and in relevant communication material with customers eligible to use these payment methods.
The convenience fee is established either as a percentage of the total transaction amount or as a flat fee specified for ranges of transaction amount. The convenience fee will cover the fee that the Department pays the Enterprise Bank or other vendor for processing, merchant fee, and any associated cost to provide the service. The proposed rule provides that the Department may refuse to accept credit cards, debit cards, or other electronic payment mechanisms issued by or offered by certain companies. The proposed rule allows the Department to establish a minimum transaction amount that may be paid by credit or debit card or other electronic payment mechanism.
The proposed rule consolidates treatment of all Division of Motor Vehicles transactions for which credit card, debit card, and other electronic payment methods apply, and the associated convenience fee. Therefore, the proposed rule repeals the provisions that are currently established as ss.
Trans 196.04 (1) (d) and
250.04, and consolidates those convenience fees into the convenience fee structure applicable to all Division of Motor Vehicle products and services.
Comparison with federal regulations
No federal rules apply.
Comparison with rules in adjacent states
Michigan:
Michigan accepts Discover and MasterCard at some DMV offices for in-person transactions, and for some on-line transactions. The customer pays a 2% convenience fee.
Minnesota:
Minnesota does not accept credit or debit cards.
Illinois:
Illinois accepts Discover, MasterCard, and American Express for in-person transactions. For on-line transactions, Illinois accepts VISA also. The customer pays a convenience or “process" fee.
Iowa:
Iowa is currently implementing credit cards at the stations. The customer will pay a convenience fee that may be a flat fee based on average transaction amount, assumed distribution of card types, and assumed number of transactions.
Summary of factual data and analytical methodologies
The Department proposes to establish convenience fees that are as uniform as possible among different types of transactions. The convenience fee amount must approximate the cost to the Department of providing electronic payment option.
The Department's on-line payment process is provided through the Enterprise Banking Services Contract. Agencies are parties to the contract. The Department pays the Enterprise Bank a fee for processing each payment. The fee consists of both payment to the Enterprise Bank and payment to the card-issuing bank. The Department's costs for in-person transactions may vary from on-line transactions, because the Department will require additional equipment, installation and maintenance, to accept in-person card payment. Therefore, the proposed rule allows the Department to establish a different convenience fee amount for in-person transactions and on-line transactions.
Analysis and supporting documentation used to determine effect on small businesses
The Department offers electronic transactions to most businesses using standard Automated Clearinghouse payment procedures. These procedures are currently in place and most businesses already participate. Moreover, businesses as well as individuals may continue to pay Department fees by check or cash; payment by methods that require a convenience fee is voluntary.
Small Business Impact
The Department concludes that there is no effect on small business as a result of this rule.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person
Ms. Carson Frazier
DOT — Bureau of Vehicle Services
Room 253, P. O. Box 7911
Madison, WI 53707-7911
Phone: (608) 266-7857
