Notice is hereby given that pursuant to s. 46.976 (4), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Health and Family Services will amend ch. HSS 70, Wis. Adm. Code, relating to loans to help pay for group housing for persons recovering from alcohol abuse or other drug abuse, as herein proposed, without public hearing, unless a petition for a hearing is received by the Department within 30 days after the publication of this notice on March 15, 1997. A petition for a hearing will be accepted if signed by 25 persons who will be affected by the proposed rule changes, the representative of a municipality that will be affected by the proposed rule changes or the representative of an association which represents a farm, labor, business or professional group that will be affected by the proposed rule changes.
Contact Person
If you have any questions about these rule changes or about filing a petition for a hearing, write or phone Vincent Ritacca, Bureau of Substance Abuse Services, P. O. Box 7851, Madison, WI 53707, (608) 266-2754.
Analysis prepared by the Department of Health & Family Services
Since December 1990, the Department, under the authority of s. 46.976, Stats., and following the procedure in its implementing rules, ch. HSS 70, has been making 2-year loans of up to $4000 each available from a revolving fund to applying nonprofit organizations to help with the costs of establishing group homes for persons recovering from alcohol abuse or other drug abuse. Until recently, a supported group home had to be for a minimum of 4 residents. Section 46.976(2), Stats., as amended by 1995 Wis. Act 27, changed that to a minimum of 6 residents. Chapter HSS 70 is being amended by this order to make that change.
This order makes two other changes in ch. HSS 70 to make the rules consistent with how state executive agencies were reorganized effective July 1, 1996. The order changes the name of the Department from Health and Social Services to Health and Family Services, and it substitutes the Department of Administration's Division of Hearings and Appeals for the Department's Office of Administrative Hearings as the organization that conducts administrative hearings for loan applicants who are denied a loan or do not receive the amount requested. The Division of Hearings and Appeals absorbed the remaining staff and functions of the Office of Administrative Hearings after three program divisions were taken out of the Department in the reorganization.
The Department's authority to amend these rules is found in s. 46.976(4), Stats. The rule interpret s. 46.976, Stats.
Text of Proposed Rules
SECTION 1. HSS 70.01 is amended to read:
HSS 70.01 PURPOSE AND AUTHORITY. This chapter is promulgated under the authority of s. 46.976(4), Stats., to make funds available in the form of loans from the revolving fund established pursuant to s. 20.435(7) (ma), Stats., and continued pursuant to s. 20. 435(7) (gd), Stats., to help pay for housing in which individuals recovering from alcohol abuse or drug abuse may reside in groups of 4 6 or more persons. The loans are to be made to eligible non-profit entities for the provision of housing for 4
6 or more recovering individuals who want to rent a house or use other housing as a self-supported and self-run recovery program free of alcohol and drugs.
SECTION 2. HSS 70.03(4) and (5) are amended to read:
HSS 70.03(4) “Applicant” or “applicant group” means a group of 4 6 or more recovering persons interested in living in an alcohol and drug-free environment who make application for a loan under this chapter.
(5) “Department” means the Wisconsin department of health and social family services.
SECTION 3. HSS 70.04(1) is amended to read:
HSS 70.04(1) To establish, directly or through the provision of a grant or contract to a non-profit private entity, a revolving fund to make loans for the costs of establishing programs for the provision of housing in which individuals recovering from alcohol or drug abuse may reside in groups of not less than 4 6 individuals.
SECTION 4. HSS 70.05(Note) is amended to read:
HSS 70.05(Note) For a copy of the application form, write or phone the Bureau of Substance Abuse Services, Division of Supportive Living, P.O. Box 7851, Madison, Wisconsin 53707, 608/266-2717.
SECTION 5. HSS 70.08 and Note are amended to read:
HSS 70.08 APPEALS. An applicant for a housing loan under this chapter whose loan application is either not approved or not approved in the amount requested may appeal that decision by requesting a hearing on it. The request for a hearing shall be in writing, shall be addressed to the department's office of administrative hearings department of administration's division of hearings and appeals and shall be received in that office within 45 days after the date of the action for which review is sought.
Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707.
Fiscal Estimate
These amendments to ch. HSS 70 will not affect the expenditures or revenues of state government or local governments. The rulemaking order amends ch. HSS 70 to increase the minimum size of a group home eligible for a loan from 4 to 6 residents. This brings the rules into conformity with a change made in s. 46.976(2), Stats., by 1995 Wisconsin Act 27. The order also makes two changes in ch. HSS 70 in the names of state government organizations that were changed in the state executive reorganization effective July 1, 1996.
Initial Regulatory Flexibility Analysis
These amendments to ch. HSS 70 will not affect small businesses as defined in s. 227.114(1)(a), Stats. Only non-profit organizations may apply for the loans that are made available under the rules.
Notice of Proposed Rule
Natural Resources
(Environmental Protection--
Air Pollution Control, Chs. NR 400--)
Notice is hereby given that pursuant to ss. 227.11 (2) (a), 285.11 (1), 285.13, 285.27 (2) and 285.65, Stats., and interpreting s. 285.27 (2), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the State of Wisconsin Natural Resources Board will adopt the following rule, amended and created as herein proposed, without public hearing thereon unless, within 30 days after publication of this notice on March 15, 1997, it is petitioned for a public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an effect on small business.
Analysis Prepared by the Dept. of Natural Resources
This proposed order would incorporate into state rules the National Emission Standards for Hazardous Air Pollutants (NESHAPs) (also referred to as Maximum Available Control Technology [MACT] standards) for chromium electroplating and anodizing operations. The federal standard limits the chromium compound emissions from existing and new hard chromium electroplating, decorative chromium electroplating, and chromium anodizing tanks at major and area sources. Chromium compound emissions are also regulated under existing provisions in ch. NR 445, Tables 1, 3 and 4.
The proposed ch. NR 463 is identical to the federal rule in 40 CFR part 63, Subpart N, with the following exceptions:
1. The Department will use the existing ch. NR 406 construction permit process and the existing ch. NR 407 operation permit process in place of a similar process established in the federal rule.
2. The federal rule requires all affected hard chromium electroplating sources and all affected major decorative chromium sources and all affected major chromium anodizing sources to apply for federal operating permits. The federal rule allows Wisconsin to defer the application submission deadline for those sources for up to 5 years from the date of promulgation of the federal chromium MACT standard. This proposed order does not use the entire 5 year deferral period, because s. NR 407.04 (1) (a) already requires those sources to submit permit applications to the Department between July 1997 and November 1998, the exact date depending on the county in which a particular source is located. This change will not require affected sources to meet the federal requirements earlier than the dates listed in the federal MACT standard.
3. In order to simplify the rule and its relationship to other requirements, the following federal MACT standard provisions were placed in rules other than the proposed ch. NR 463, because those rules were deemed more appropriate locations:
a) Operating permit requirements are included in ch. NR 407 (Operation Permits).
b) The EPA test method for determining the concentration of chromium compounds emitted to the ambient air are incorporated by reference in s. NR 484.04.
c) California Air Resources Board (CARB) Method 425, found in 40 CFR 63.344 (c) (2), was not included as one of the performance test methods listed in s. NR 463.09 and incorporated by reference in ch. NR 484. This test method is an optional test method and as such is covered under s. NR 463.09 (3) (c) where the Department approves any alternative test method used for performance testing.
d) The table that lists general provisions applicability is in ch. NR 460 Appendix N.
4. The initial notification requirement for existing sources is not included. The federal MACT standard required those sources to notify EPA or the Department that they are affected by July 23, 1995. Through trade shows, published articles, and a mass mailing, air program staff identified 150 sources that are affected by the federal standard. Thus, the Department feels that it is unnecessary to include this retroactive reporting requirement in this proposed rule.
5. Punctuation, capitalization, numbering, and minor word changes were made to accommodate the state rule form and style. The federal format was retained as allowed under s. 227.14 (1m) (b), Stats.
6. The word “department” replaces “Administrator” where appropriate.
Text of Rule
SECTION 1. NR 400.03 (4) (ke) is created to read:
NR 400.03 (4) (ke) OSHA - United States occupational safety and health administration
NR 406.04 (1) (rm) Chromium electroplating area sources and chromium anodizing area sources as defined in s. NR 460.02 (5).
NR 407.02 (6) (b) 7. Chromium electroplating and chromium anodizing area sources as defined in s. NR 460.02 (5).
NR 407.03 (1) (km) Chromium electroplating and chromium anodizing operations which are not major sources or located at major sources and which are any of the following:
1. Any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology.
2. Any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient.
NR 407.04 (1) INITIAL FILING DATES. The owner or operator of an air contaminant source which is not exempt under s. 285.60 (5), Stats., or s. NR 407.03 shall submit an operation permit application on application forms available from the department by the following dates, except as provided under subs. (3) to (5)
(6).
NR 407.04 (6) CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING OPERATIONS. Notwithstanding sub. (1), the owner or operator of any facility which does hard or decorative chromium electroplating as defined in s. NR 463.02 (18) and (10) or chromium anodizing as defined in s. NR 463.02 (7) that is not a major source or located at a major source, is not required to obtain a construction permit under ch. NR 406, and on which construction commenced prior to the effective date of this subsection.... [revisor inserts date], shall submit an operation permit application for a part 70 source, on application forms available from the department, by the date that an operation permit application for a non-part 70 source would be due for that source under the schedule in Table 1.
SECTION 7. NR 439.07 (4) is amended to read:
NR 439.07 (4) NOTIFICATION OF TEST PLAN REVISION. The source owner or operator shall notify the department of any modifications to the test plan at least 5 business days prior to the test. In the event the owner or operator is unable to conduct the compliance emission test on the date specified in the test plan, due to unforeseeable circumstances beyond the owner or operator's control, the owner or operator shall notify the department within 5 business days prior to the scheduled compliance emission test date and specify the date when the test is rescheduled.
SECTION 8. NR 460 Appendix N is created to read:
Chapter NR 460
APPENDIX N
GENERAL PROVISIONS APPLICABILITY TO CHAPTER NR 463
General Provisions Reference
|
Applies to Chapter NR 463?
|
Comment
|
NR 439.07(2) (cited in s. NR 460.06(2))
|
No
|
Section NR 463.12(4) requires notification prior to the performance test. Section NR 463.09(1) requires submission of a site-specific test plan upon request.
|
NR 439.07(3)
|
Yes
|
|
NR 439.07(4)
|
Yes
|
|
NR 439.07(6)(a)
|
No
|
Section NR 463.09(1) specifies what the test plan should contain, but does not require test plan approval or performance audit samples.
|
NR 439.07(6) (intro.) and (b) to (d)
|
Yes
|
|
NR 460.01(1)(a)
|
Yes
|
Chapter NR 463 and this appendix clarify the applicability of each paragraph in ch. NR 460 to sources subject to ch. NR 463.
|
NR 460.02
|
Yes
|
Additional terms are defined in s. NR 463.02; when overlap between ss. NR 460.02 and 463.02 occurs, s. NR 463.02 takes precedence.
|
NR 460.03
|
Yes
|
Other units used in ch. NR 463 are defined in that chapter.
|
NR 460.04
|
Yes
|
|
NR 460.05(1)
|
Yes
|
|
NR 460.05(2)(a)-(b)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(2)(c)-(d)
|
Yes
|
|
NR 460.05(2)(e)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(2)(f)
|
No
|
Provisions for new area sources that become major sources are contained in s. NR 463.06(1)(d).
|
NR 460.05(3)(a)-(b)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(3)(c)
|
No
|
Compliance provisions for existing area sources that become major sources are contained in s. NR 463.06(1)(c).
|
NR 460.05(4)
|
No
|
Section NR 463.05 contains work practice standards (operation and maintenance requirements) that override these provisions.
|
NR 460.05(5)
|
No
|
Section NR 463.04(2) specifies when the standards apply.
|
NR 460.05(6)
|
No
|
Chapter NR 463 does not contain any opacity or visible emission standards.
|
NR 460.05(7)(a)
|
Yes
|
|
NR 460.05(7)(b)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(7)(c)1.
|
No
|
Section NR 463.06(2) specifies the procedures for obtaining a compliance date extension and the date by which such requests must be submitted.
|
NR 460.05(7)(c)2.
|
Yes
|
|
NR 460.05(7)(d)
|
Yes
|
|
NR 460.05(7)(e)1.
|
Yes
|
This subdivision only references s. NR 460.05(7)(c) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(e)2.
|
Yes
|
|
NR 460.05(7)(f)
|
Yes
|
|
NR 460.05(7)(g)
|
Yes
|
This paragraph only references ss. NR 460.05(7)(c) to (e) for compliance date extension provisions, but s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(h)1.-4.
|
Yes
|
|
NR 460.05(7)(h)5.a.
|
Yes
|
This subdivision paragraph only references s. NR 460.05(7)(c) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(h)5.b.
|
Yes
|
|
NR 460.05(7)(i)
|
Yes
|
|
NR 460.05(7)(j)1.
|
Yes
|
This subdivision only references s. NR 460.05(7)(c)1. or (d) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(j)2.-3.
|
Yes
|
|
NR 460.05(7)(k)
|
Yes
|
|
NR 460.05(7)(L)
|
Yes
|
|
NR 460.06(1)(a)
|
Yes
|
|
NR 460.06(1)(b)
|
Yes
|
|
NR 460.06(2)
|
See NR 439.07
|
|
NR 460.06(3)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.06(4)
|
Yes
|
Chapter NR 463 also contains test methods specific to affected sources covered by that chapter.
|
NR 460.06(5)
|
Yes
|
|
NR 460.06(6)(a)
|
No
|
Chapter NR 463 identifies the items to be reported in the compliance test (s. NR 463.09(1)) and the timeframe for submitting the results (s. NR 463.12(6)).
|
NR 460.06(6)(b)
|
Yes
|
|
NR 460.06(7)(a)-(b)
|
Yes
|
|
NR 460.06(7)(c)1.
|
Yes
|
This subdivision only references s. NR 460.05(7) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.06(7)(c)2.-3.
|
Yes
|
|
NR 460.06(7)(d)-(e)
|
Yes
|
|
NR 460.07(1)(a)
|
Yes
|
|
NR 460.07(1)(b)
|
No
|
Work practice standards are contained in s. NR 463.05.
|
NR 460.07(1)(c)
|
No
|
|
NR 460.07(2)(a)
|
Yes
|
|
NR 460.07(2)(b)
|
No
|
Section NR 463.09(4) specifies the monitoring location when there are multiple sources.
|
NR 460.07(2)(c)
|
No
|
Section NR 463.12(7)(d) identifies reporting requirements when multiple monitors are used.
|
NR 460.07(3)(a)1.
|
No
|
Chapter NR 463 requires proper maintenance of monitoring devices expected to be used by sources subject to ch. NR 463.
|
NR 460.07(3)(a)2.
|
No
|
Section NR 463.05(2)(d) specifies reporting when the operation and maintenance plan is not followed.
|
NR 460.07(3)(a)3.
|
No
|
Section NR 463.05(1) identifies the criteria for whether operation and maintenance procedures are acceptable.
|
NR 460.07(3)(b)-(c)
|
No
|
Section NR 463.09(4)(b) requires appropriate use of monitoring devices.
|
NR 460.07(3)(d)-(g)
|
No
|
|
NR 460.07(4)
|
No
|
Maintenance of monitoring devices is required by ss. NR 463.05 and 463.09(4)(b).
|
NR 460.07(5)
|
No
|
There are no performance evaluation procedures for the monitoring devices expected to be used to comply with ch. NR 463.
|
NR 460.07(6)(a)
|
No
|
Instances in which the department may approve alternatives to the monitoring methods and procedures are contained in s. NR 463.07(8).
|
NR 460.07(6)(b)
|
Yes
|
|
NR 460.07(6)(c)
|
Yes
|
|
NR 460.07(6)(d)
|
Yes
|
|
NR 460.07(6)(e)
|
No
|
Chapter NR 463 does not require the use of CEM's.
|
NR 460.07(7)
|
No
|
Monitoring data does not need to be reduced for reporting purposes because ch. NR 463 requires measurement once/day.
|
NR 460.08(1)
|
Yes
|
|
NR 460.08(2)(a)1.-2.
|
No
|
Section NR 463.06(1)(c) requires area sources to comply with major source provisions if an increase in HAP emissions causes them to become major sources.
|
NR 460.08(2)(a)3.
|
No
|
Section NR 463.12(3)(b) specifies initial notification requirements for new or reconstructed affected sources.
|
NR 460.08(2)(b)
|
No
|
Section NR 463.12(3)(a) specifies the information to be contained in the initial notification.
|
NR 460.08(2)(c)
|
No
|
Section NR 463.12(3)(b) specifies notification requirements for new or reconstructed sources that are not major affected sources.
|
NR 460.08(2)(d)
|
No
|
|
NR 460.08(2)(e)
|
No
|
|
NR 460.08(3)
|
Yes
|
This subsection only references s. NR 460.05(7)(c) to (e) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension. Chapter NR 463 provides a different timeframe for submitting the request than s. NR 460.05(7)(c).
|
NR 460.08(4)
|
Yes
|
This subsection only references the notification dates established in s. NR 460.08(2). But, s. NR 463.12 also contains notification dates.
|
NR 460.08(5)
|
No
|
Notification of performance test is required by s. NR 463.12(4).
|
NR 460.08(6)
|
No
|
|
NR 460.08(7)
|
No
|
Chapter NR 463 does not require a performance evaluation or relative accuracy test for monitoring devices.
|
NR 460.08(8)(a)-(c)
|
No
|
Section NR 463.12(5) specifies information to be contained in the notification of compliance status and the timeframe for submitting this information.
|
NR 460.08(8)(d)
|
No
|
Similar language has been incorporated into s. NR 463.12(4)(b)3.
|
NR 460.08(8)(e)
|
Yes
|
|
NR 460.08(9)
|
Yes
|
|
NR 460.08(10)
|
Yes
|
|
NR 460.09(1)
|
Yes
|
|
NR 460.09(2)(a)
|
Yes
|
|
NR 460.09(2)(b)
|
No
|
Section NR 463.11(2) specifies the records that must be maintained.
|
NR 460.09(2)(c)
|
No
|
Chapter NR 463 applies to major and area sources.
|
NR 460.09(3)(a)
|
No
|
Applicable requirements of s. NR 460.09(3)(a) have been incorporated into s. NR 463.11(2).
|
NR 460.09(4)(a)
|
Yes
|
|
NR 460.09(4)(b)
|
No
|
Section NR 463.12(6) specifies the timeframe for reporting performance test results.
|
NR 460.09(4)(c)
|
No
|
Chapter NR 463 does not contain opacity or visible emissions standards.
|
NR 460.09(4)(d)
|
Yes
|
|
NR 460.09(4)(e)
|
No
|
Sections NR 463.05(2)(d) and 463.12(7)(c) specify reporting associated with malfunctions.
|
NR 460.09(5)
|
No
|
Section NR 463.12(7) and (8) specifies the frequency of periodic reports of monitoring data used to establish compliance. Applicable requirements of s. NR 460.09(5) have been incorporated into subs. (7) and (8).
|
NR 460.09(6)
|
Yes
|
|
NR 460.10
|
No
|
Flares are not a control option for complying with the emission limits under ch. NR 463.
|
Chapter NR 463
CHROMIUM EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM ELECTROPLATING
AND CHROMIUM ANODIZING TANKS
NR 463.01 Applicability and designation of sources; purpose
NR 463.02 Definitions
NR 463.03 Nomenclature
NR 463.04 Emission limits
NR 463.05 Operation and maintenance practices
NR 463.06 Compliance provisions
NR 463.07 Monitoring to demonstrate continuous compliance
NR 463.08 Alternative control devices
NR 463.09 Performance test requirements and test methods
NR 463.10 Preconstruction review requirements for new and
