4.
Agriculture, Trade & Consumer Protection
(CR 95-112)
Ch. ATCP 136 - Recovering, reclaiming, recycling and selling refrigerant used in mobile air conditioners or trailer refrigeration equipment.
Summary of Final Regulatory Flexibility Analysis:
This rule repeals and recreates ch. ATCP 136, Wis. Adm. Code, Mobile Air Conditioners, to reflect statutory changes under 1991 WI Act 97 and 1993 WI Act 243. The rule ensures greater consistency with recent federal regulations adopted under the 1990 Clean Air Act Amendments, and reorganizes and clarifies current rules regulating businesses engaged in the repair and servicing of mobile air conditioners. The rule interprets ss. 100.45 and 100.20, Stats., based upon statutory authority granted under ss. 93.07(1), 100.20(2) and 100.45(5)(a), Stats.
The goal of DATCP's mobile air conditioner program is to prevent, to the greatest extent possible, the release of ozone-depleting refrigerants into the environment during service and repair of automotive air conditioning and trailer refrigeration systems. Under this program, the Department regulates the recovery, recycling and sale of ozone-depleting refrigerants and their substitutes to ensure that refrigerants are properly recovered and recycled, prevent misrepresentations in the sale of refrigerants, and protect businesses and consumers from contaminated refrigerants.
Overall Effect on Small Businesses
Many businesses that service, install and repair mobile air conditioners and trailer refrigeration equipment are small businesses with fewer than 25 employees. This rule requires businesses engaged in regulated activities to purchase certified recovery/recycling equipment in order to handle refrigerants. Equipment must meet federally approved standards. The equipment varies in price, depending upon its refrigerant recovery and recycling capabilities. Typically, equipment can cost from $800 to $4,500.
This rule also requires technicians employed by regulated businesses to complete approved training programs. Training costs also vary, and range from $10 to $60, depending upon the program sponsor, program length and course materials.
Each business that repairs or services mobile air conditioners or trailer refrigeration equipment, or recycles used refrigerant, must register with the department and pay an $80 annual fee per business location. This fee is unchanged by this rule. However, the rule imposes a $160 registration fee surcharge for businesses that are found operating without a valid registration certificate.
Under this rule, technicians will be registered with the Department as part of the ongoing annual business registration process. No additional fees will be charged for this technician registration process. More than 10,000 technicians are currently employed in businesses registered with the Department.
Equipment and Training Requirements
There is no practical way to lessen equipment or training requirements for small businesses without significantly undermining the effectiveness of the program. Equipment standards which are incorporated in the rule are based on national industry standards, consistent with state and federal law. Equipment standards are essential to ensure safe and proper handling and storage of refrigerants, as well as protect businesses and consumers from equipment and MVAC system damage due to refrigerant cross-contamination.
Training is essential to ensure that technicians use equipment properly and follow the requirements of state and federal law. Motor vehicles are the single largest source of chlorofluorocarbon emissions in the U.S. Relaxed standards for small businesses could result in a significant increase in refrigerant released to the atmosphere, and also pose the risk of placing Wisconsin businesses in noncompliance with federal regulations.
Likewise, the regulatory approach of registering businesses has proven to be an efficient and cost effective means of ensuring compliance with approved equipment standards, technician training requirements, and overall program compliance.
Small businesses have been given considerable regulatory flexibility under this rule. No business is required to perform service or repair of mobile air conditioners or trailer refrigeration equipment. Businesses that choose to engage in regulated activities may invest in less expensive recovery-only equipment or more expensive recycling equipment. The rule also recognizes a common repair business repair option to contract specific functions related to the recovery and recycling of refrigerants to regulated businesses.
Business Registration Fees
Current business registration fees are set at a flat $80 per year regardless of the size of the business. This rule maintains this fee structure. The flat fee simplifies the registration application and renewal process, and is relatively small compared to annual business revenues for air conditioning service and repair work.
In developing this rule, the department considered a variable fee structure based on the number of certified technicians in a shop. The intent was to provide a reduction in fees for some smaller businesses, many of which employ three or less certified technicians. In order to provide any appreciable reduction in registration fees for smaller shops and still maintain adequate program revenues, a business registration fee was considered which was based on a $10 charge per year per technician. This provided a small break of $15-$25 for 1,400 shops, but fees approaching $700 per year for many larger businesses. Roughly 70 shops would have seen their fees increase by more than $100.
This fee hike for larger businesses could not be justified based on compliance rates. Experience has shown that most staff time is spent, and most compliance problems arise, in smaller shops. The current $80 fee is small relative to the total charges for air conditioning work by repair and servicing shops, and is small compared to the investment in equipment. Therefore, department staff concluded that the current annual registration fee is the most appropriate approach.
Record Keeping Requirements
The rule creates certain record-keeping requirements for repair businesses and refrigerant suppliers. The rule provides considerable flexibility to businesses in terms of how the information is kept. In most cases, work orders, purchase records or sales records may be used to comply with record-keeping requirements. These are types of records that are already maintained by businesses. In other cases, a simple repair log will suffice. The rule also recognizes repair order forms and invoices used by the automotive repair industry throughout the state to comply with ch. ATCP 132, Wis. Adm. Code, relating to motor vehicle repair. The rule was also revised to reduce these record-keeping requirements from three years to two years. Therefore, the rule does not impose any significant paperwork requirements on small businesses.
Summary of Comments:
The rule was referred to the Senate Committee on Transportation, Agriculture and Local Affairs on November 22, 1995, and to the Assembly Committee on Environment and Utilities on November 29, 1995. The Department received no comments from either committee.
5.
Chiropractic Examining Board
(CR 95-4)
Ch. Chir 5 - Requirements for continuing chiropractic education for chiropractors, and specifying criteria for approval of programs for continuing education credit.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. HSS 343 - Youth aftercare conduct and revocation.
Summary of Final Regulatory Flexibility Analysis:
These rules will not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules apply to the Department, to county departments of social services and human services and to youth on aftercare supervision following their release from juvenile institutions.
Summary of Comments:
No comments were reported.
S. HSS 110.145 - Qualifications of ambulance service medical directors.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses. Fewer than 25 of the 400 or so ambulance service companies in the state providing services beyond basic life support are small businesses. The qualifications established in the rules are minimal. One of the two is already met by all current medical directors. The other is not burdensome.
Summary of Comments:
No comments were reported.
8.
Industry, Labor & Human Relations
(CR 95-172)
Ch. ILHR 272 - Minimum wage.
Summary of Final Regulatory Flexibility Analysis:
The rules do not impose new compliance or reporting requirements on small businesses.
Summary of Comments of Legislative Standing Committees:
No comments were received.
SS. Ins 6.57 (4), 6.58 (5) and 6.59 (4) - Fees for listing insurance agents, fees for the renewal of corporation licenses and other licensing procedures.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
Ch. NR 203 - Changes to public notice procedures for nonsubstantive WPDES permit modifications.
Summary of Final Regulatory Flexibility Analysis:
Because of the nature of the changes to ch. NR 203, there will be no adverse impact to small businesses. Although certain small businesses may be covered by WPDES permits, the rule change does not result in more stringent reporting requirements or the imposition of additional schedules or deadlines for small businesses, unless they agree with the changes. The code revision will allow permittees and the Department to save time, money and paperwork.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
Chs. NR 149, 219 and 700 - Laboratory certification and registration, sample preservation procedures, analytical methodology and laboratory procedures.
Summary of Final Regulatory Flexibility Analysis:
Approximately 10 - 15% of the regulated laboratories would fit the definition of “small business”. The proposed amendments to chs. NR 219 and 700 are not anticipated to have a significant economic impact on a small business. The proposed amendments to ch. NR 149 are expected to have varied economic impacts on a small business, but only the requirement to report all analytical data down to the limit of detection was identified as having a significant economic impact. The proposed amendments do not include exemptions, less stringent reporting requirements or alternate schedules for compliance for a small business. The purpose of the rule is to ensure that all regulated laboratories follow certain minimum quality control requirements in order to generate consistent and reliable data. A less stringent requirement for small commercial laboratories would not be consistent with the reporting requirements for the other types of laboratories and, therefore, would defeat the purpose of these amendments.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
Ch. NR 51 - Stewardship program.
Summary of Final Regulatory Flexibility Analysis:
The revisions to ch. NR 51 affect program administration and will not have a significant economic impact on small businesses. Therefore, a final regulatory analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Senate Committee on Environment and Energy and the Assembly Committee on Natural Resources. On November 19, 1995, the Assembly Committee on Natural Resources held a public hearing. The Committee asked for modifications to s. NR 51.03 (11) regarding the department's access to property on which an easement is acquired with a stewardship grant and to s. NR 51.04 (2) regarding when a nonprofit conservation organization must provide evidence to the department that is has the financial capacity and ability to acquire property and provide for its long-term management and care. The modifications were approved by the Natural Resources Board and incorporated into the rule.
Ch. NR 750 - Assessment and collection of fees and the establishment of application and review procedures for the contaminated lands recycling program.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule establishes procedures and criteria for the application and collection of fees for those parties interested in receiving a liability exemption in exchange for a thorough investigation and cleanup of environmental contamination associated with their property. Since this is an elective program, the Department expects no negative impacts on small businesses.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
S. NR 1.40 (2) - Natural Resources Board policies for land acquisition.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
S. NR 728.11 - Actions taken by DNR to implement chs. NR 700 to 736.
Summary of Final Regulatory Flexibility Analysis:
The requirements for responding and addressing discharges of hazardous substances are not changed by this rule amendment. The responsible party and/or property owner for a site is still required to restore the environment to the extent practicable. However, under this rule some lower priority sites will be placed on hold with no further enforcement action initiated until adequate staff resources become available.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
