These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted to states in
50 CFR part 10.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
Summary of factual data and analytical methodologies
This rule order is necessary to correct inconsistencies created through the promulgation of other rules and statutes, update code language, correct previous drafting errors, and to clarify existing administrative code language. The rule changes included in this order do not deviate from current department policy on the management of wildlife and the regulation of hunting and trapping.
Small Business Impact
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Environmental Impact
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
State fiscal effect
None.
Local government fiscal effect
None.
Anticipated private sector costs
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
Scott Loomans
101 South Webster Street
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 267-2452
Notice of Hearings
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
(DNR # AM-06-10)
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold public hearings on amending and creating rules affecting Chapter
NR 410, relating to increased and new fees for asbestos notifications and inspections and affecting small business.
Hearing Information
Date and Time: Location:
June 3, 2010 Natural Resources State Office Bldg.
Thursday Room G09
at 1:30 PM 101 S. Webster St.
Madison, WI
June 4, 2010 Northcentral Technical College
Friday Main Building, Room E101
at 11:00 AM 1000 West Campus Drive
Wausau, 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 B. Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53707; 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 rules 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. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert B. Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St., Madison, WI 53703, or by calling (608) 266-2856.
Submittal of Written Comments
Comments on the proposed rule must be received on or before June 8, 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:
William Baumann
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S. Webster Street, Madison, WI 53703
Phone: (608) 267-7542
Fax: 608 267-0560
Analysis Prepared by the Department of Natural Resources
Statute interpreted
Statutory authority
Explanation of agency authority
Sections
227.11 (2) (a) and
227.14 (1), Stats., expressly convey rulemaking authority. Section
285.69 (3), Stats., conveys authority to establish fees for specified department activities, and sets maximum levels for those fees.
Related statute or rule
Chapter
NR 447 contains regulations related to asbestos abatement activities.
Plain language analysis
The rules amended and created by this proposed order increase fees for certain Department of Natural Resources (Department) asbestos regulatory activities, and create new fees for asbestos regulatory activities related to fire training burns and revised asbestos notifications. These additional fees will offset decreases in federal United States Environmental Protection Agency (EPA) Air Pollution Control grant funds that had previously been used to fund (in part) Department asbestos regulatory activities.
Comparison with federal regulations
Chapter
NR 447 contains asbestos regulatory requirements, which parallel corresponding federal regulations. The rule changes and additions proposed in this order change the fees used to fund Department asbestos regulatory activities, but do not affect the underlying regulatory requirements themselves. There is no federal counterpart to the ch.
NR 410 fee rule.
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota each operate federally delegated asbestos programs. Iowa, Michigan, and Minnesota each fund their respective asbestos programs with federal grant funds. Illinois, similar to Wisconsin, funds their asbestos program activities through fees charged for asbestos notifications. Illinois fees are $150 per notification, regardless of other factors (size of project, etc.). If a notification is received late, an additional $300 is charged to the contractor. Lab analysis costs may be charged to the owner or operator in large enforcement cases, along with employee overtime costs that result from enforcement cases.
Summary of factual data and analytical methodologies
The Asbestos Program is funded by asbestos inspection and permit exemption review fees paid by persons who perform asbestos abatement as part of nonresidential demolition and certain renovation projects. In addition, asbestos program funding has been supplemented by the equivalent of 2.0 full time employees (FTE) from the EPA federal Air Pollution Control grant (105 grant). Asbestos program fees currently fund 2.0 permanent FTE, two half-time limited term employee (LTE) field inspection positions, and four contracts with the following government agencies to perform inspections on behalf of the Department's Air Management Asbestos Program: City of Menasha; City of Milwaukee, Sauk County, and Waushara County. Due to declining levels of 105 grant funds, that funding source can no longer be used to fund asbestos program activities. Consequently, additional asbestos fee revenue is needed to replace 2.0 FTE of funding from the 105 grant, and thus maintain present levels of asbestos program staffing and public health protection activities.
Analysis and supporting documents used to determine the effect on small business
Asbestos related regulatory requirements are not changed by the proposed rules. The proposed rules do increase notification fees for asbestos related projects. See “Effect on small business" section below.
Small Business Impact
Asbestos related regulatory and reporting requirements will not be changed by the proposed rules. The proposed rules will increase notification fees for asbestos related renovation and demolition activities. The fees increases vary according to the quantity of asbestos involved in a renovation or demolition project, and the increases range from $60 per project for small projects (less than 160 square feet or less than 260 linear feet of asbestos containing material) to $575 per project for very large projects (more than 5000 combined linear and square footage of asbestos containing materials). On the order of 1600 project notifications are received annually. It is not possible to predict the number of these projects that will be undertaken by small businesses.
Environmental Impact
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 2009-11 Budget Bill increased asbestos inspection fees to: $135 for small asbestos abatement projects, defined as 160 square feet to 260 linear feet; $350 for medium, defined as involving greater than 160 square feet or 260 linear feet but less than 1,000 combined feet; $575 for large, defined as greater than or equal to 1,000 combined feet but less than 5,000 combined feet, and $1,200 for extra large, defined as greater than 5,000 combined feet. These new fees are approximately a 60% increase from the current fees. The bill also created a new $100 fee for notification revisions and a new $100 fee for community fire training burns. Finally, the bill provided supporting statutory language for the above-mentioned fees and for the Department to charge double inspection fees to a project for which a notice of an asbestos renovation or demolition activity was not provided, as required by the Department.
It is projected that the increased fees will generate $246,400 annually.
Agency Contact Person
Bill Baumann
P.O. Box 7921
Madison, WI 53707
Phone: (608) 267-7542
Fax: (608) 267-0560
Notice of Hearings
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
(DNR # AM-09-10)
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 revising Chapter
NR 410, relating to fees for reviewing applications for construction of air pollution sources and affecting small business.
