Detailed Description of the Objective of the Proposed Rule
The proposed rule change will revise ch.
NR 25, Wis. Adm. Code, to define trap net placement locations and commercial fishing activity in the Restricted Use Area of Lake Superior, which is bounded by the Bayfield Ferry line, a line between Houghton Point and Long Island Point, and a line between Long Island Point and the southernmost point on Madeleine Island.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Commercial fishers may currently place trap nets in the Restricted Use Area, described above, for the taking of whitefish or herring from June 1 to August 15. Currently, the only limit on how many nets an individual fisher or all fishers combined may place in this small area is the total number of trap nets allowed per commercial licensee, which is 10, and distance restrictions limiting the proximity of adjacent trap nets. Over the last two years, there have been complaints received from sport/recreational anglers about a proliferation of trap nets within this area.
The primary issues with current trap net placement are navigational safety and user conflict. Nets must be clearly marked according to regulations, but excessive use of this area creates confusion about the exact placement and orientation of individual nets and makes navigation through the area potentially hazardous. Given that the area is the only ingress or egress from Chequamegon Bay and a popular sport fishing and recreational boating corridor, the risks can be significant. Also, in each of the last two seasons, commercial fisherman setting nets in this area have experienced significant acts of vandalism to their nets with repair costs ranging into the thousands, if not tens of thousands, of dollars. Out of concern for these issues, the Department decided to seek a rule change. The rule is intended to address the number and placement of trap nets in the Restricted Use Area and possibly when the nets may be placed there. Alternatives will be discussed with the Lake Superior Commercial Fishing Board and local angler groups.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the Department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (1m) (b), Stats., authorizes the Department to limit the number of Great Lakes commercial fishing licenses, designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations are restricted, and designate the kind, size, and amount of gear to be used in the harvest.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 200 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
• State-licensed Commercial Fisherman
• Charter Fisherman
• Recreational Anglers
This rule would increase navigational safety and likely expand safe fishing and boating opportunities for the charter fishers and recreational anglers. Commercial fishers may need to reduce the number or alter placement of trap nets in the Restricted Use Area, but a rule change is not expected to significantly impact their ability to harvest fish from this area according to applicable laws and statutes.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
The Department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Superior.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal economic impact is anticipated as a result of this rule change. Fishing effort may be redistributed to other areas, possibly requiring additional travel for some fishers, but no quota or fishing effort changes are expected. The Department anticipates a balanced approach that protects the navigational safety of the recreational fishing and boating public and the economic needs of commercial fishers.
Contact Person
Peter Stevens
Department of Natural Resources
141 S. Third Street
Bayfield, WI 54814
Telephone: (715) 779-4035
Natural Resources
Environmental Protection — Air Pollution Control, Chs.
NR 400—
(DNR # AM-24-12)
The statement of scope was approved by the governor on December 28, 2012.
Rule No.
Relating to
The construction and operation permit programs in chs.
NR 406 and
407 respectively and related definitions in ch.
NR 400 and hazardous air pollutant control requirements in ch.
NR 445.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The primary objective of the proposed rules is to improve operational efficiency for, and to simplify the permitting processes administered under chs.
NR 406 and
407, while remaining consistent with the federal Clean Air Act (CAA) and retaining approvability by the U.S. Environmental Protection Agency (USEPA). Specific proposed rules along with issues to be examined in order to accomplish this objective are described below. The Wisconsin Department of Natural Resources (WDNR) may encounter potential opportunities related to this objective which are unforeseen and therefore not described. The WDNR will evaluate and act on such opportunities consistent with the stated objective. Chapters not previously identified, but explicitly associated with proposed changes under chs.
NR 406 and
407, could be affected by such an effort.
The WDNR will propose changes to s.
NR 445.09 to remove any inconsistencies between methods to demonstrate compliance with both state and federal requirements.
Specific proposed rules and issues to be examined
WDNR will propose to satisfy the statutory obligation under s.
285.21 (3), Wis. Stats., to “[p]romulgate rules to define what constitutes the cause or exacerbation of a violation of an ambient air quality standard or ambient air increment." This phrase is used extensively throughout chs.
NR 406 and
407, as well as other chapters, but has not been defined.
WDNR is also obligated by statute to establish by rule the actions or events which constitute the reconstruction of a major source and the shutdown of a facility. The terms “reconstruction" and “shutdown" are already defined in s.
NR 400.02 (130) and
(144), respectively but may not be adequate. The existing definitions will be examined and changes made, as necessary, to meet the statutory requirements.
WDNR will also propose language changes to ch.
NR 406 regarding administrative permit revisions for construction permits. There is language in s.
NR 407.11 related to administrative permit revisions for operation permits. Only if requested by the permittee, this language allows WDNR to revise an operation permit administratively for correction of a typographical error; a change in name, address, or telephone number that is unrelated to emissions; more frequent monitoring, recordkeeping, or reporting; a change in ownership or operation control; and revision of an operation permit to include construction permit requirements. There is a need to allow a permit applicant to request similar changes to construction permits, and the WDNR believes making these changes through an administrative process similar to that outlined in s.
NR 407.11 is appropriate.
WDNR will propose to remove Table 2, regarding the “Levels of Air Contaminants For Determining Need For Inclusion In Permit Applications for Calendar Years 2003 and Earlier" from s.
NR 407.05, as it is out of date and was replaced by Table 3, “Levels of Air Contaminants For Determining Need For Inclusion in Permit Applications for Calendar Years 2004 and Later".
The evaluation of s.
NR 445.09 is necessary to ensure that a facility's ability to comply with state rules does not result in an inability to comply with federal requirements. An example of federal requirements where this type of conflict exists is
40 CFR 1065 Subpart H. Section
NR 445.09 describes fuel requirements for compression ignition internal combustion engines combusting fuel oil. There are types of engines that may be out of compliance with federal requirements if they comply with state requirements. WDNR will propose rule changes to s.
NR 445.09 only to the extent necessary to ensure that compliance with s.
NR 445.09 does not result in an inability to comply with federal requirements.
In addition to the specific changes WDNR is proposing to make, there are potential changes to chs.
NR 406 and
407 that WDNR will explore and evaluate. Through workgroups comprised of internal and external stakeholders, WDNR will evaluate rules to address opportunities that may make more facilities eligible for simplified permitting. WDNR will investigate the possibility and appropriateness of expanding existing exemptions and creating new exemptions that may allow additional minor sources to be exempt from construction permitting. Exemptions that may be examined for expansion include the exemptions in ss.
NR 406.04 (1q) and
407.03 (1m) for minor source permitting and the 10 Million British Thermal Unit (MMBTU) thresholds for distillate oil in the exemptions for external combustion furnaces, in ss.
NR 406.04 (1) (a) and
407.03 (1) (a). The WDNR may also examine the development of an exemption for incineration of small quantities of pharmaceutical drugs.
In order to simplify permitting in certain situations, WDNR may explore the possibility of re-defining emergency generators in s.
NR 400.02 (56) so that the emergency generator exemption in s.
NR 406.04 (1) (w) is applied consistently and appropriately in permits. WDNR will examine the criteria in s NR 406.03 (2) (b), related to undue hardship for a construction permit waiver to ensure consistency with the flexibility believed to be provided by s.
285.61 (5m), Wis. Stats. WDNR is also proposing to examine existing eligibility criteria for registration permits.
Through a retrospective rule review process where each state agency reviewed and took public comment on existing rules, one stakeholder identified a possible permit processing change. In situations where facilities have an operation permit and want to add an emissions unit that is exempt from construction permitting, the facility is currently obligated to submit operation permit revision forms prior to construction. WDNR may evaluate the possibility of changing the revision submittal date to prior to beginning operation.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Regarding construction permits, the purpose of ch.
NR 406, in part, is described under s.
NR 406.01 (2) as necessary “[t]o exempt types of stationary sources from the requirement to obtain a construction permit and to establish permit and permit review requirements and permit duration for construction permits." The proposals for rulemaking or evaluation related to ch.
NR 406 are in accordance with the purpose of the construction permit program.
Regarding operation permits, the purpose of ch.
NR 407, in part, is described under s.
NR 407.01 (2) as necessary “[t]o establish a schedule of dates for the submission of operation permit applications and a schedule of dates for requiring operation permits for various categories of direct stationary sources and to specify the content of operation permit applications and operation permits. This chapter also sets forth procedures for revising, suspending and revoking operation permits." The rulemaking and evaluation proposals related to ch.
NR 407 are in accordance with the purpose of the operation permit program.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
285.11 (1), Wis. Stats., requires WDNR to, “Promulgate rules implementing and consistent with this chapter and s.
299.15."
Section
285.11 (14), Wis. Stats., requires WDNR to “Promulgate by rule the actions or events which constitute the reconstruction of a major source."
Section
285.11 (15), Wis. Stats., requires WDNR to “Promulgate by rule the actions or events which constitute the shutdown of a facility."
Section
285.21 (3), Wis. Stats., directs that, “The department shall promulgate rules to define what constitutes the cause or exacerbation of a violation of an ambient air quality standard or ambient air increment."
Section
285.60 (2g) (a), Wis. Stats., requires that the department establish by rule a simplified process under which the department may issue a registration permit authorizing construction or operation or both for a stationary source with low actual or potential emissions. The department shall also “[i]nclude criteria for identifying categories of sources the owners or operators of which may elect to obtain registration permits
…"
Section
285.60 (5m), Wis. Stats., both requires and allows the department to promulgate rules allowing for a waiver of construction permit requirements. In the first case, “[t]he department shall promulgate rules under which a person is allowed to commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction permit upon a showing that commencing construction, reconstruction, replacement, or modification prior to the issuance of the permit is necessary to avoid undue hardship." In the second case, the statute provides that “[t]he department may allow a person to commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction permit on a case-by-case basis or on bases specified in a rule." In both cases, the department may not promulgate rules that conflict with the federal clean air act.
Section
285.60 (6), Wis. Stats., addresses exemption by rule and states in s.
285.60 (6) (a), Wis. Stats., “Notwithstanding the other provisions of this section the department may, by rule, exempt types of stationary sources from any requirement of this section if the potential emissions from the sources do not present a significant hazard to public health safety or welfare or to the environment." Further, s.
285.60 (6) (b), Wis. Stats., states, “Subject to sub. (8), the department shall, by rule, exempt minor sources from the requirement to obtain a construction permit and an operation permit if the emissions from the sources do no present a significant hazard to public health, safety or welfare to the environment. And s.
285.60 (10), Wis. Stats., requires that “The department shall continually assess permit obligations imposed under this section and ss.
285.61 to
285.65, Wis. Stats., and implement measures that are consistent with this chapter and the federal clean air act to allow for timely installation and operation of equipment and processes and the pursuit of related economic activity by lessening those obligations, including consolidating the permits for sources at a facility into one permit, expanding exemptions under sub. (6), and expanding the availability of registration permits under sub. (2g), general permits under sub. (3), and construction permit waivers under sub. (5m)."
Section
285.67, Wis. Stats., “The department shall promulgate rules establishing criteria and procedures for revising
…air pollution control permits."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 1200 to 1500 hours will be spent by WDNR staff.
List with Description of All Entities that May Be Affected by the Proposed Rule
The proposed rule package may affect many different entities. It is difficult to identify specific source categories because this applies to anyone that may need to get a permit or make a determination regarding permit applicability. Many of the rulemaking proposals as part of this package will target minor sources statewide. The proposed changes to chs.
NR 406 and
407, could affect any source subject to construction or operation permit requirements and this rule is not specifically targeting types of industry or pollutants. Regarding the proposed changes to s.
NR 445.09, the only known sources that will be affected include a small number of engine manufacturers.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
WDNR has federally granted authority to implement both the construction and operation permit programs through the State Implementation Plan (SIP). Many of the proposed rules will be more likely to affect minor sources and small businesses. All proposed rules will be consistent with current federal CAA requirements.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The economic impact of the proposed and anticipated rules is expected to be moderate. In most cases, the changes proposed will result in cost savings for business, especially small business.
Contact Person
Gail Good, Wisconsin Department of Natural Resources, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, 608 267-0803,
gail.good@wisconsin.gov.
Nursing
The statement of scope was approved by the governor on January 4, 2013.
Rule No.
Relating to
Nurse licensure compact.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to create rules to facilitate and coordinate implementation of the nurse licensure compact.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed To Be Included in the Rule, and an Analysis of Policy Alternatives
Wisconsin is a party of the Nurse Licensure Compact. The Nurse Licensure Compact requires the adoption of the uniform rules for facilitation and coordination of the implementation of the Nurse Licensure Compact.
Failure to implement the uniform rules may jeopardize our participation in the Nurse Licensure Compact. The Nurse Licensure Compact allows nurses to practice across state lines. If Wisconsin were removed from the Nurse Licensure Compact, there would be a serious economic impact on the state. In addition, nurses licensed in Wisconsin would be ineligible to practice out of state under their Wisconsin license.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
