Stage 2 vapor recovery equipment captures fuel vapors (volatile organic compounds or VOC) that have the potential to escape during refueling and returns them to an underground gasoline storage tank where they condense. Beginning with 1998 model year cars, the U.S. Environmental Protection Agency (EPA) phased in requirements for onboard (on the vehicle) refueling vapor recovery (ORVR) systems. These systems essentially serve the same purpose as stage 2 vapor recovery equipment at a gasoline station. On May 16, 2012, the U.S. EPA published a finding in the Federal Register that ORVR technology is in “widespread use" (77 FR 28772). They stated that “more than 75 percent of gasoline refueling nationwide occurs with ORVR-equipped vehicles, so stage 2 programs have become largely redundant control systems." The U.S. EPA also stated that the limited compatibility between ORVR and stage 2 vapor recovery equipment may ultimately result in an emissions increase. As such, the U.S. EPA authorized states to remove the requirements for stage 2 vapor recovery equipment from their ozone State Implementation Plans (SIPs).
This grant program will provide incentive to gasoline station owners and operators to remove their stage 2 vapor recovery equipment in a timely manner. Removal of this equipment will allow station owners and operators to avoid those costs associated with maintenance of the equipment that would otherwise be incurred. Timely removal will also hasten the avoidance of potential VOC emission increases cited by the U.S. EPA above.
2. Description of the Objective of the Proposed Rule
The proposed rule will establish a grant program for the removal of stage 2 vapor recovery equipment, as required by s.
285.31 (6) (b), Stats. For the purposes of the proposed rule, the term “remove" will be defined as proper decommissioning of stage 2 vapor recovery equipment, thereby removing it from service. A description of what constitutes proper decommissioning will be included as part of the proposed rule. In addition, the proposed rule will focus on the administration of the grant program, including which costs are eligible grant costs.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The U.S. EPA's ORVR widespread use finding authorized states to remove the requirement for stage 2 vapor recovery systems from their ozone SIPs. Wisconsin had stage 2 requirements codified in s.
NR 420.045, Wis. Adm. Code, that applied to gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha. However, s.
285.31 (5), Wis. Stats
., now states that this rule no longer applies. In response, the Department submitted a SIP revision to the U.S. EPA on November 12, 2012 to remove the state's stage 2 requirements from the ozone SIP. The U.S. EPA proposed approval of the requested SIP revision on June 11, 2013. The U.S. EPA has not yet issued the final approval, but that is expected soon.
The new policy associated with the proposed rulemaking is to establish a grant program for the removal of stage 2 vapor recovery equipment. There are no policy alternatives because s.
285.31 (6), Wis. Stats
., requires the Department to promulgate rules for a stage 2 vapor recovery equipment removal grant program.
4. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
285.31 (6) of the Wisconsin Statutes requires the Department to implement rulemaking for the establishment of a stage 2 vapor recovery removal grant program. The statute reads as follows:
285.31 (6) VAPOR RECOVERY SYSTEM REMOVAL GRANTS. (a) The department shall administer a program to provide grants to owners and operators of retail stations for eligible costs incurred after April 15, 2012, to remove vapor control systems described in sub. (3) (a). The maximum grant under this subsection is 50 percent of eligible costs of removing a vapor control system from a retail station or $8,000, whichever is less. The department shall award grants under this subsection in the order in which applications are received.
(b) The department shall promulgate rules for the administration of the program under this subsection, including rules specifying which costs are eligible costs.
5. Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates 700 hours of state employee time are needed for the development of the proposed permanent rule and an additional 300 hours of state employee time for the development of the proposed emergency rule.
6. Description of all Entities that may be Impacted by the Rule
There are 846 gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha that would be potentially eligible for grant funding as a result of this proposed rule.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no comparable federal grant program for the removal of stage 2 vapor recovery equipment.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have an Economic Impact on Small Businesses)
The Department anticipates the proposed rule will have a positive moderate economic impact. The purpose of this proposed rule is to establish a grant program to provide economic assistance to gasoline stations to offset the costs of removing stage 2 vapor recovery equipment. One million dollars was allocated for the stage 2 vapor recovery system removal grant program as part of Wisconsin Act 20 (2013). Gasoline stations will be able to receive 50 percent of eligible costs of removing a vapor control system up to a maximum amount of $8,000. By removing the equipment affected gasoline station owners and operators will also avoid equipment maintenance costs. Station owners and operators could qualify as small businesses under s.
227.114 (1), Wis. Stats.
9. Anticipated Number, Month and Locations of Public Hearings
In accordance with s.
227.24 (4), Wis. Stats., the Department is required to hold a public hearing within 45 days after it promulgates the proposed emergency rule. The Department anticipates conducting one public hearing in Milwaukee in March of 2014 related to the emergency rule. In addition, the Department anticipates conducting another public hearing in Milwaukee in August of 2014 related to the proposed permanent rule.
10. Contact Person
Joseph Hoch — Bureau of Air Management
Wisconsin Department of Natural Resources
101 South Webster Street
Madison, WI 53707-7921
Phone: 608-267-7543,
Revenue
This statement of scope was approved by the Governor on August 2, 2013.
Rule No.
Relating to
Sales and use tax provisions.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are (1) reflect law changes in
2013 Wisconsin Act 20, and (2) correct two errors in current rule provisions.
a. Custom farming services. Reflect the creation of s.
77.51 (2d), Stats., to provide that “custom farming services" includes services performed by veterinarians to farm livestock or work stock used exclusively in the business of farming. This requires updates to the provisions of ss.
Tax 11.12 and
11.61.
c. Health Insurance Risk-Sharing Plan Authority. Reflect the amendment to s.
77.54 (9) (a), Stats. Due to the dissolution of the Health Insurance Risk-Sharing Plan and Authority, the exemption for sales made to the authority is being rescinded. This requires updates to ss.
Tax 11.04 (1),
11.05 (4), and
11.49 (2) (b).
d.
Lump sum contracts. Reflect the creation of the exemption in sec. 77.54 (60), Stats. This provision exempts certain property sold by a contractor as a part of a lump sum contract and deems the contractor the consumer of such property, with exception. Amendments are needed to s.
Tax 11.68 (7) (b) and the examples following it.
e.
“Place of primary use." In s.
Tax 11.66 (1) (u), reflect the amendments to s.
77.522 (4) (a) 9., Stats., so the definition of “place of primary use" in the rule is the same as current law. Remove s.
Tax 11.66 (u) 1. and 2. as these are included in the amended definition.
f.
“Prepaid wireless calling service." In s.
Tax 11.66 (1) (x), reflect the amendments to s.
77.51 (10f), Stats., so the definition of “prepaid wireless calling service" in the rule is the same as current law.
g.
Printing exemptions. Reflect the creation of s.
77.54 (61), Stats. This requires updates to the provisions of s.
Tax 11.56.
h.
Property transferred incidentally with a taxable service. Amend the first note at the end of s.
Tax 11.48 and the first note at the end of s.
Tax 11.67 to reference s.
77.52 (21), Stats.
j.
Qualified research and animal raising. Reflect the repeal of s.
77.54 (57) (b) 1. and
2., Stats., the renumbering of s.
77.54 (57) (a) 1f., Stats., to s.
77.51 (1c), Stats., the renumbering of s.
77.54 (57) (a) 1m., Stats., to s.
77.51 (1d), Stats., the renumbering of s.
77.54 (57) (a) 4., Stats., to s.
77.51 (10rn), Stats., the amending of s.
77.54 (57) (a) 5.and
(b) 4., Stats., and the creation of s.
77.54 (57d), Stats. This requires updates to the provisions of s.
Tax 11.20.
k.
Self-service laundry machines. Reflect the amendment to sec. 77.52 (2) (a) 6., Stats. Receipts from self-service laundry machines that are operated by tokens and magnetic cards are no longer subject to sales and use tax. This requires an update to s.
Tax 11.52 (5) (a).
l.
Services resulting in advertising and promotional direct mail. Reflect the amendment to s.
77.52 (2) (a) 11., Stats. The sale of advertising and promotional direct mail became exempt from sales and use tax effective July 1, 2013, pursuant to
2011 Wis. Act 32. The amendment of sec. 77.52 (2) (a) 11., Stats., provides that the services of producing, fabricating, processing, printing, or imprinting that result in advertising and promotional direct mail are also not taxable. This requires updates to ss.
Tax 11.19 (2) (a),
11.56 (7) (bm), and
11.70 (2) (e).
m. “
Sales price" and “purchase price."
•
In s.
Tax 11.26 (3), reflect the amendments to s.
77.51 (12m) (a) and
(15b) (a), Stats., along with the creation of s.
77.51 (12m) (b) 3m. and
(15b) (b) 3m., Stats., to exclude from “sales price" and “purchase price" taxes imposed on the seller that are separately stated that the seller may, but is not required to, pass on and collect from the user or consumer.
•
Include “fees and charges" as an addition to taxes in several parts of the rule to make it clear that taxes, fees and charges are covered under this rule.
•
Amend s.
Tax 11.26 (2), to include “regardless of whether they are separately stated on the invoice, bill of sale, or other similar document given by the seller to the purchaser," for taxes, fees and charges included in sales price and the purchase price.
•
Amend s.
Tax 11.26 (2) (c) to include “and ammunition" after firearms to the list of federal excise taxes.
•
Amend the list of taxes, fees and charges included and excluded from “sales price" and “purchase price" contained s.
Tax 11.26 (2) and
(3) as follows:
ii. Add the following taxes, fees and charges in s. Tax 11.26 (2):
•
Federal medical device excise tax. imposed under s. 4191 of the internal revenue code.
•
Federal universal service fund fee
•
Dry cleaning fee imposed under s.
77.9961, Stats.
•
Dry cleaning products fee imposed under s.
77.9962, Stats.
•
PUC fee imposed under s.
196.85, Stats.
•
Telephone relay service surcharge imposed under s.
196.858, Stats.
•
Telecommunications utility trade practices surcharge imposed under s.
196.859, Stats.
•
State issued franchise fee (video) imposed under s.
66.0420 (7), Stats.
•
Petroleum inspection fee imposed under s.
168.12, Stats.
•
Motor fuel taxes imposed under s.
78.01, Stats.
iv.
Add the following taxes, fees and charges in s.
Tax 11.26 (3)
•
Police and fire protection fee imposed under s.
196.025 (6), Stats.
•
Low-income assistance fees imposed under s.
16.957 (4) &
(5), Stats.
•
Landline 911 charge imposed under s.
256.35 (3), Stats.
•
State USF fee imposed under s.
196.218, Stats.
o.
Correct error. Amend sec. Tax 11.39 (1) (b), to correct a typographical error. This provision quotes the law and is needed for accuracy.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies are as set forth in the rules. New policy is being proposed to reflect the law changes described above. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
3. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
77.65 (3), Stats., provides "[t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
4. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
5. List with Description of all Entities that may be Affected by the Proposed Rule
Purchasers and sellers of the products described above.
6. 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
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
