Statutory Authority: ss. 93.07(1), 100.20(2)
and 100.45(5) and (5e)
Statutes Intepreted: ss. 100.20(2) and 100.45
Background: Current Rules
In 1990, the Wisconsin legislature enacted comprehensive legislation regulating the sale, handling and use of ozone-depleting refrigerants. The legislature has adopted several amendments since 1990. Current law is based, in part, on federal regulations adopted by the U.S. environmental protection agency under Title VI of the federal clean air act amendments of 1990. Among other things, this legislation created s. 100.45, Stats., which directs DATCP to adopt rules regulating the servicing of mobile air conditioners and the sale and use of ozone-depleting refrigerants. Current law also directs DATCP to establish fees for regulated businesses to cover the cost of the program.
DATCP adopted rules related to mobile air conditioners in 1991 as ch. ATCP 136, Wis. Adm. Code. The rules were most recently revised in 1996. The current rules:
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Regulate sales of ozone-depleting refrigerants and refrigerant substitutes, and the servicing of mobile air conditioners and trailer refrigeration equipment.
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Require regulated businesses to register with DATCP. Registered businesses must have approved recovery and recycling equipment. Technicians employed by the business must also be trained, tested and certified under a DATCP-approved training program.
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Require regulated businesses to recover, recycle or reclaim refrigerants used in mobile air conditioners and trailer refrigeration equipment. Recycled refrigerants must meet industry-developed purity standards.
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Prohibit venting of refrigerants and “topping off" of leaky mobile air conditioners or trailer refrigeration equipment. Technicians must inspect for leaks, and make proper repairs, before adding refrigerant.
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Prohibit sales of refrigerant in small containers (less than 15 pounds), and restrict other refrigerant sales to certified technicians and state-licensed businesses.
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Establish annual license fees for regulated businesses.
Proposed Rule Changes
This rule increases the annual registration fee for businesses engaged in repairing and servicing mobile air conditioners and trailer refrigeration equipment. This rule increases the annual fee from $80 to $120. DATCP has not adjusted the fee since start-up of the program in 1991. A fee increase is needed to maintain the current level of program operations.
Current rules require on-site recovery, recycling and reuse of refrigerant for motor vehicle air conditioning systems. This rule relaxes current prohibitions against the sale or transfer of recovered refrigerant, consistent with 1997 Wis. Act 165 and recent changes in federal regulations, by permitting auto salvagers and others to sell recovered refrigerant to DATCP-registered repair businesses for recycling and reuse.
This rule removes current obsolete references to “used refrigerant broker", including broker registration requirements.
Under current law, DATCP may regulate refrigerants used as substitutes for ozone-depleting refrigerants in mobile air conditioners and trailer refrigeration equipment. This rule more closely regulates the use of substitute refrigerants, consistent with federal EPA regulations under 40 CFR Part 82, Subpart G. The proposed changes require a person installing an EPA-accepted substitute refrigerant to completely remove the original refrigerant, install unique fittings, and meet other retrofitting requirements. These requirements are designed to prevent costly cross-contamination of refrigerant supplies and potential damage to recycling equipment and mobile air conditioning systems.
This rule prohibits deceptive advertising and sales claims for substitute refrigerants and requires sellers to disclose all use restrictions and installation requirements associated with the product.
This rule also makes the following minor changes to ch. ATCP 136, Wis. Adm. Code, by (1) clarifying training requirements for new resident technicians who were previously certified under a federal technician training program, (2) eliminating expiration dates for DATCP-approved technician training programs and clarifying DATCP's authority to audit training programs and review training materials for compliance with DATCP rules, and (3) clarifying recordkeeping requirements for persons buying and selling refrigerant to more effectively track purchases and sales.
Fiscal Estimate
The department regulates the sale and use of refrigerant used in mobile air conditioning and trailer refrigeration systems under s. 100.45, Stats. Operations which engage in repair and servicing activities are licensed and inspected by the department to ensure that technicians are trained and certified, approved refrigerant recovery and recycling equipment is properly utilized, and other required practices are followed. Both private businesses and public entities engaged in commercial repair and servicing activities are subject to current registration requirements. These include a handful of municipal and jcounty fleet maintenance and transit operations, as well as various technical colleges in the state.
Section 100.45(5)(a), Stats., authorizes the department to adopt rules for the administration of these responsibilities, including fees to cover the costs of the program. Revenues generated by the program result from an annual business registration fee of $80, a statutory late payment penalty of $16 (20% of the annual registration fee), and a statutory registration fee surcharge of $160 for operating without a valid registration.
The department registers an estimated 3,100 businesses under the mobile air conditioning program. This number fluctuates only slightly in any given year. An average of 120 late payment penalties and 25 registration fee surcharges are also collected each year. Program revenues under the current fee structure totalled $260,000 during the 1999 licensing year. This compares to annual program expenditures of $300,000.
Proposed revisions to ch. ATCP 136, Wis. Adm. Code, will increase the annual business registration fee from $80 to $120. Total revenues generated by the proposed fee increase are estimated at $372,000. In addition, late payment penalties (which increase to $24) and registration fee surcharges (which remain unchanged) are projected to generate an additional $7,400. New revenue resulting from the fee increase is estimated at $120,000
Initial Regulatory Flexibility Analysis
Most of the businesses licensed by the department to service and repair motor vehicle air conditioners and trailer refrigeration equipment are small businesses, as defined in s. 227.114(1)(a). The proposed changes to ch. ATCP 136, Wis. Adm. Code, will have minimal fiscal and administrative impact on these businesses.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014, 29.041, 29.197 and 227.11(2)(a), Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2000 migratory game bird season. The proposed regulations include:
Ducks – The state is divided into two zones each with 60-day seasons. The seasons begin at noon September 30 and continue through November 28. The daily bag limit in both zones is 6 ducks, including no more than 4 mallards of which only one may be a hen, one black duck, one pintail, one canvasback, 2 redheads,2 wood ducks and 3 scaup.
Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, New Auburn, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone – 68 days; Horicon Zone – 95 days; Exterior Zone – 94 days; and Mississippi River Subzone – 80 days. The Burnett County and New Auburn Subzones are closed to Canada goose hunting.
Baiting – The proposed rule repeals and recreates baiting as it is defined under U.S. Fish and Wildlife Service migratory game bird hunting prohibited methods.
Non-toxic shot – The proposed rule amends the rule to be consistent with U.S. Fish and Wildlife Service non-toxic shot requirements in both shotshells and loose shot for muzzle-loaders.
Tagging – The proposed rule allows goose hunters to attach goose kill permits to the neck or leg of a harvested goose.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
August 7, 2000 County Admin. Center
Monday 400 N. 4th Street
at 7:00 p.m. La Crosse
August 8, 2000 Conference Room 1
Tuesday DNR Service Center
at 7:00 p.m. 107 Sutliff Ave.
Rhinelander
August 9, 2000 Room 310
Thursday City Hall
at 7:00 p.m. 100 North Jefferson St.
Green Bay
August 10, 2000 Comfort Suites
Thursday Hwy. J and I-94
at 7:00 p.m. Pewaukee
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Jon Bergquist at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Written Comments and Contact Information
Written comments on the proposed rule may be submitted to Mr. Jon Bergquist, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 11, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-20-00] and fiscal estimate may be obtained from Mr. Bergquist.
Fiscal Estimate
There is no fiscal effect.
Notice of Hearings
Natural Resources
(Fish, Game, etc, Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.041, 29.014(1), 29.519(1)(b) and 227.11(2)(a), Stats., interpreting ss. 29.041, 29.014(1) and 29.519(1)(b), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 25.02 and 25.05, Wis. Adm. Code, relating to commercial fishing for chubs in Lake Michigan. The amendment to s. NR 25.02(25) expands the area of Lake Michigan designated the southern chub fishing zone. The proposed rule allows chub fishing during the winter periods in water 60 fathoms deep or deeper north of the current southern chub fishing zone but south of a line extending east of the entrance of Algoma harbor. The amendment of s. NR 25.05(1)(d) permanently opens waters of the northern chub fishing zone shallower than 60 fathoms but deeper than 55 fathoms to chub fishing during the winter period.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
July 14, 2000 Room A150
Friday Door County Courthouse
at 1:00 p.m. 421 Nebraska Street
Sturgeon Bay
July 14, 2000 Public Conference Room
Friday Public Library
at 4:00 p.m. 710 N. 8th Street
Sheboygan
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Lake Michigan commercial chub fishers
