(c) Contents of ongoing compliance status reports. The owner or operator of an affected source for which compliance monitoring is required in accordance with s. NR 463.07 shall prepare a summary report to document the ongoing compliance status of the source. The report shall contain all of the following information:
1. The company name and address of the affected source.
2. An identification of the operating parameter that is monitored for compliance determination, as required by s. NR 463.07.
3. The relevant emission limitation for the affected source, and the operating parameter value, or range of values, that correspond to compliance with this emission limitation as specified in the notification of compliance status required by sub. (5).
4. The beginning and ending dates of the reporting period.
5. A description of the type of process performed in the affected source.
6. The total operating time of the affected source during the reporting period.
7. If the affected source is a hard chromium electroplating tank and the owner or operator is limiting the maximum cumulative rectifier capacity in accordance with s. NR 463.04 (3) (b), the actual cumulative rectifier capacity expended during the reporting period, on a month-by-month basis.
8. A summary of operating parameter values, including the total duration of excess emissions during the reporting period as indicated by those values, the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to process upsets, control equipment malfunctions, other known causes and unknown causes.
9. A certification by a responsible official that the work practice standards in s. NR 463.05 were followed in accordance with the operation and maintenance plan for the source.
10. If the operation and maintenance plan required by s. NR 463.05 (2) was not followed, an explanation of the reasons for not following the provisions, an assessment of whether any excess emission or parameter monitoring exceedances are believed to have occurred, and a copy of the report or reports required by s. NR 463.05 (2) (d) documenting that the operation and maintenance plan was not followed.
11. A description of any changes in monitoring, processes or controls since the last reporting period.
12. The name, title and signature of the responsible official who is certifying the accuracy of the report.
13. The date of the report.
(d) Reporting for multiple monitoring devices. When more than one monitoring device is used to comply with the continuous compliance monitoring required by s. NR 463.07, the owner or operator shall report the results as required for each monitoring device. However, when one monitoring device is used as a backup for the primary monitoring device, the owner or operator shall only report the results from the monitoring device used to meet the monitoring requirements of this chapter. If both devices are used to meet these requirements, then the owner or operator shall report the results from each monitoring device for the relevant compliance period.
(8) ONGOING COMPLIANCE STATUS REPORTS FOR AREA SOURCES. The requirements of this subsection do not alleviate affected area sources from complying with the requirements of state or federal operating permit programs under 40 CFR part 71.
(a) Annual summary report. The owner or operator of an affected source that is located at an area source site shall prepare a summary report to document the ongoing compliance status of the affected source. The report shall contain the information identified in sub. (7) (c) and shall be retained on site and made available to the department upon request. The report shall be completed annually except as provided in par. (b).
(b) Reports of exceedances. 1. If both of the following conditions are met, semiannual reports shall be prepared and submitted to the department:
a. The total duration of excess emissions, as indicated by the monitoring data collected by the owner or operator of the affected source in accordance with s. NR 463.07, is 1% or greater of the total operating time for the reporting period.
b. The total duration of malfunctions of the add-on air pollution control device and monitoring equipment is 5% or greater of the total operating time.
2. Once an owner or operator of an affected source reports an exceedance as defined in subd. 1., ongoing compliance status reports shall be submitted semiannually until a request to reduce reporting frequency under par. (c) is approved.
3. The department may determine on a case-by-case basis that the summary report shall be completed more frequently and submitted, or that the annual report shall be submitted instead of being retained on site, if these measures are necessary to accurately assess the compliance status of the source.
(c) Request to reduce frequency of ongoing compliance status reports. 1. An owner or operator who is required to submit ongoing compliance status reports on a semiannual or more frequent basis, or is required to submit its annual report instead of retaining it on site, may reduce the frequency of reporting to annual or be allowed to maintain the annual report onsite if all of the following conditions are met:
a. For one full year (for 2 semiannual or 4 quarterly reporting periods, for example), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit.
b. The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of ch. NR 460 and this chapter.
c. The department does not object to a reduced reporting frequency for the affected source, as provided in subds. 2. and 3.
2. The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the department in writing of the owner or operator's intention to make such a change, and the department does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the department may review information concerning the source's previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator's conformance with emission limitations and work practice standards. The information may be used by the department to make a judgement about the source's potential for noncompliance in the future. If the department disapproves the owner or operator's request to reduce reporting frequency, the department shall notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the department to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.
3. As soon as the monitoring data required by s. NR 463.07 show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to semiannual, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the department to reduce the reporting frequency as allowed by this paragraph.
(9) REPORTS ASSOCIATED WITH TRIVALENT CHROMIUM BATHS. The requirements of this subsection do not alleviate affected sources from complying with the requirements of state or federal operating permit programs under ch. NR 407 or 40 CFR part 70. Owners or operators complying with the provisions of s. NR 463.04 (5) are not subject to subs. (1) to (8), but shall instead submit the following reports:
(a) Within 180 days after the effective date of this chapter .... [revisor inserts date], submit an initial notification that includes all of the following:
1. The same information as is required by sub. (3) (a) 1. to 5.
2. A statement that a trivalent chromium process that incorporates a wetting agent will be used to comply with s. NR 463.04 (5).
3. The list of bath components that comprise the trivalent chromium bath, with the wetting agent clearly identified by its chemical name.
(b) Within 30 days after the compliance date specified in s. NR 463.06 (1), a notification of compliance status that contains an update of the information submitted in accordance with par. (a) or a statement that the information is still accurate.
(c) Within 30 days after a change to the trivalent chromium electroplating process, a report that includes all of the following:
1. A description of the manner in which the process has been changed and the emission limitation, if any, now applicable to the affected source.
2. If a different emission limitation applies, the applicable information required by sub. (3) (a).
3. The notification and reporting as required by subs. (4), (5), (6), (7) and (8), which shall be submitted in accordance with the schedules identified in those subsections.
Fiscal Estimate
Summary of Rule:
The federal standard that regulates hazardous air pollutant emissions from chromium electroplating and anodizing operations became effective on January 5, 1995. That standard is one of the approximately 173 national emission standards for hazardous air pollutants (NESHAPs) that the US Environmental Protection Agency expects to promulgate by 2002.
Section 144.375 (5), Stats., requires the Department to promulgate these NESHAPs by rule. This order [AM-34-96] would establish the chromium electroplating and anodizing operations NESHAP [Please note that NESHAPs are also called Maximum Achievable Control Technology (MACT) standards] through revisions to chs. NR 400, 406, 407, 439 and 460; and creation of ch. NR 463, Wis. Adm. Code.
Fiscal Impact:
Because all affected sources must meet the federal requirements, promulgating this proposed rule will not pose additional costs on them. Local governments have no role in implementing these standards and, therefore, should not incur additional costs.
The Department's Bureau of Air Management is currently required to receive reports from and issue permits to sources that are affected by this proposed rule; consequently, promulgating this proposed rule will not pose additional costs on the Department.
Sources that have hard chromium electroplating, decorative chromium electroplating, and chromium anodizing operations are affected by this standard.
Long-Range Fiscal Implications:
None.
Notice of Hearing
Optometry Examining Board
Notice is hereby given that pursuant to authority vested in the Optometry Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 449.18 (7), Stats., and interpreting ss. 449.01, 449.04, 449.05 (2), 449.06, 449.07 (1), 449.08 and 449.18 (4), Stats., the Optometry Examining Board will hold a public hearing at the time and place indicated below to consider revision to the Opt Code, relating to applications, examinations and continuing education requirements, and to standards of professional conduct of optometrists.
Hearing Information
April 2, 1997 Room 179A
Wednesday 1400 East Washington Ave.
9:00 a.m. MADISON, WI
Appearances at the Hearing
Interested people are invited to present information at the hearing. People appearing may make an oral presentation, but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to:
Office of Administrative Rules
Dept. of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by April 18, 1997 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 449.18 (7)
Statutes interpreted: ss. 449.01, 449.04, 449.05 (2), 449.06, 449.07 (1), 449.08 and 449.18 (4)
In this proposed rule-making order, the Optometry Examining Board amends s. Opt 1.03 to clarify that an optometrist may direct unlicensed people working under the optometrist's direct supervision to perform remediable procedures as well as routine visual screenings. Section Opt 4.01 is amended to include a note to clarify the examination requirements for reciprocal applicants. Section Opt 6.04 (3) is amended to clarify that in lieu of submitting certificates of attendance directly to the Board, optometrists who hold TPA certificates issued under s. 449.18, Stats., will be required to sign a statement at the time of renewal certifying that the continuing educational coursework has been completed.
Section Opt 1.02 (5m) is created to include a definition of “remediable procedure.” Section Opt 5.08 (2) (c) is created to permit optometrists to accept written verification of examination findings from a licensed optometrist or ophthalmologist obtained within the 90 day period immediately preceding the date of a patient's visit, in lieu of conducting a minimum visual examination. Section Opt 5.15 is created to further define that it is unprofessional conduct for an optometrist to engage in any practice or conduct which constitutes a substantial danger to the health, welfare, or safety of a patient or the public or to engage in conduct in the practice of optometry which evidences a lack of knowledge or ability to apply professional principles or skills.
The Board amends various sections throughout the rules relating to clarity, streamlining application and renewal procedures, proper placement in the rules, and punctuation. Several provisions are amended in ch. Opt 6 to reflect that a signed statement certifying that the continuing education coursework has been completed is sufficient for purposes of renewing a credential, and that licensees will be required to retain certificates of attendance for a specific period of time and to provide them to the Board upon request. And, finally, changes are made to several notes.
Text of Rule
SECTION 1. Chapter Opt 1 (title) is amended to read:
Chapter Opt 1
PRACTICE OF OPTOMETRY AUTHORITY AND DEFINITIONS
SECTION 2. Opt 1.01 is amended to read:
Opt 1.01 Authority. The rules in this chapter chs. Opt 1 to 7 are adopted under authority in ss. 15.08 (5) (b), 227.11 (2), 449.01 and 449.07, Stats., to define the scope of practice of optometry in Wisconsin.
SECTION 3. Opt 1.02 (intro.) is amended to read:
Opt 1.02 In this chapter As used in chs. Opt 1 to 7:
SECTION 4. Opt 1.02 (1) and Note are repealed.
SECTION 5. Opt 1.02 (1) and (1m) are created to read:
Opt 1.02 (1) “Board” means the optometry examining board.
(1m) “Department” means the department of regulation and licensing.
SECTION 6. Opt 1.02 (2) (a), (b), (c), (d),(e), (f) and (g) are amended to read:
