NOTICE IS HEREBY GIVEN THAT ss. 29.041, 29.014 (1), 29.519 (1) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1), Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 25.03 (2) (b) 3., Wis. Adm. Code, relating to relicensing commercial fishers on Lake Michigan. In order to identify inactive licensees, persons who apply for annual renewal of commercial fishing licenses for Lake Michigan must meet several criteria. Since 1989, one key criterion has been the minimum annual catch requirement. To qualify for relicensing, each licensee must, for at least one of the three commercial fishing zones, have reported a combined harvest that exceeds one of two numbers: 1) a zone-specific level set out in s. NR 25.03 or 2) an alternate computed level based on the harvests of all fishers during the year preceding the year during which the application for relicensing is submitted.
The proposed rule changes the requirements for relicensing commercial fishers on Lake Michigan. Under the proposed rule, the alternate minimum catch requirement would be computed based on harvest by all fishers during the most recent 12-month period, June of the preceding year through May of the year of application. This rule revision would make it easier for a commercial fisher to qualify for relicensing following a year when fish stocks declined.
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: Commercial fishers on Lake Michigan
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
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.
NOTICE IS HEREBY FURTHER GIVEN THAT the hearings will be held on:
January 12, 2001     Room 310, Green Bay City Hall, 100 N.
Friday     Jefferson St., Green Bay at 2:00 p.m.
January 22, 2001     Room 118, County Administration Center     (Middle Building), 121 W. Main St.,
Monday     Port Washington at 5:00 p.m.
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.
Fiscal Effect:
There is no fiscal effect anticipated from the promulgation of this rule change.
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than Monday, January 29, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-48-00] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearing
Natural Resources
(Fish, Game, etc. Chs. NR1- )
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.11 (2) (a) and 227.24, Stats., interpreting ss. 350.04 and 350.10 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. LE-49-00 (E) relating to the definition of unreasonable and improper speed for snowmobile operation during the hours of darkness. This emergency order took effect on December 14, 2000. The emergency rule defines unreasonable and improper speed to include snowmobile operation above 50 miles per hour during the hours of darkness. Snowmobiles competing in a sanctioned race or derby are exempt from the regulation.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
January 17, 2001   Terrace Room (Room 100), UW Marathon
Wednesday   Center, 518 S. 7th Ave., Wausau
  at 11:00 a.m.
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 Karl Brooks at (608) 267-7455 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be no net change in FTE hours or expenditure of new funds for the Emergency Rule. The change will only be in terms of method of enforcement tactic used. Wardens will use existing equipment and existing hours to enforce this rule.
Written comments on the emergency rule may be submitted to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [LE-40-00 (E)] may be obtained from Mr. Brooks.
Notice of Hearings
Natural Resources
(Fish, Game, etc. Chs. NR 1-)
NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2), Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold public hearings on amendments to ss. NR 47.005 (1), 47.007 (1) and 47.008 (1) and the creation of subch. IX of ch. NR 47, Wis. Adm. Code, relating to the federal cost sharing program to suppress gypsy moths. The purpose of this rule is to establish the administration and procedures for participation by landowners through counties in a voluntary, cooperative state suppression program for outbreaks in Wisconsin of a foreign pest, the gypsy moth. The suppression program will include an aerial insecticide treatment program (administered in partnership with the department of agriculture, trade and consumer protection) and administration of federal cost sharing for participants in that treatment program.
The suppression program will be offered to landowners through counties and municipalities if the county in which they are located declines to participate. Participating counties or municipalities will provide a coordinator who will serve as the contact for the public and the department. The rule defines the tasks that will be performed by the participating counties and municipalities, how to apply for the program, criteria of eligible areas for treatment and cost sharing under the program and eligible costs that can be shared in the federal cost sharing program.
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.
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.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 227.11 (2) and 227.24, Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FR-41-00 (E) relating to the federal cost sharing program to suppress gypsy moths. This emergency order took effect on November 10, 2000. This emergency order establishes the administration and procedures for participation by landowners through counties in a voluntary, cooperative state suppression program for outbreaks in Wisconsin of the gypsy moth.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 31, 2001   Video conference participation will be
Wednesday     available at:
    Room IS 1034, Instructional Services
    Bldg., UW-Green Bay, Green Bay
2:00 p.m.     Pyle Center, UW-Extension, 702
    Langdon Street, Madison and Room L21,
and     UW-Marinette, 750 West Bay Shore,
    Marinette
7:00 p.m.     Room C103, Commons, UW-Waukesha,
    1500 University Drive, Waukesha
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 Andrea Diss at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
Gypsy moths populations continue to grow and spread in Wisconsin. Once established, populations go through cyclical periods of dramatic increase eventually reaching such high numbers that they strip whole forests of leaves in late June. When this happens, the public becomes very concerned and looks for ways to reduce the population of the pest to tolerable levels. Treatments to kill large numbers of the pest can be expensive, at times damaging to our native insects and other animals, or even dangerous to the landowner when pesticides are not used according to directions. A department organized suppression program will provide the public with a safe, effective and affordable means to prevent damage to their trees.
The Wisconsin gypsy moth suppression program is a voluntary program that offers cost savings to Wisconsin landowners beyond independently arranged treatment programs. This program consists of two components; 1) participation in a state run aerial insecticide treatment to suppress outbreaking populations of gypsy moth and 2) a federal cost sharing program to help pay for the aerial treatment project. The suppression program will require expenditures from local government that can be recovered from landowners served by the program. The first cost savings comes from participating in a large, state negotiated contract, the cost for which has been significantly lower than that for private, small spray programs. The second cost savings is from participation in the department facilitated federal cost sharing program for suppression of gypsy moth outbreaks. The USDA Forest Service offers cost sharing up to 50% for treatments and associated administration for eligible suppression efforts.
Written comments on the proposed and emergency rules may be submitted to Ms. Andrea Diss, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than February 9, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Ms. Diss.
Notice of Hearing
Natural Resources
(Environmental Protection - Air Pollution Control
Chs. NR 400-)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats., and revising the State Implementation Plan developed under that section, the Department of Natural Resources will hold a public hearing on revisions to chs. NR 422 and 439, Wis. Adm. Code, relating to an one-hour ozone air quality standard attainment plan. These revisions include volatile organic compound (VOC) emission controls focused on meeting federal requirements for reasonably available control technology (RACT) VOC emission limits for plastic parts coating.
The Clean Air Act requires all major sources of VOCs in ozone non-attainment areas to minimize emissions through the application of RACT. With the Department's assistance, the United States Environmental Protection Agency (USEPA) identified three source categories requiring VOC RACT rules (i.e. plastic parts coating, industrial cleanup solvent fabrication or use, and ink manufacturing). By December 31 2000, the Department is required to submit a plan that includes VOC RACT rules for these three source categories to the USEPA as part of the attainment demonstration of the 1-hour ozone standard in 2007. The components of that plan were approved by the Wisconsin Natural Resources Board in September 2000. This proposed administrative rule for the control of VOC emissions from plastic parts coating operations addresses the last USEPA identified deficiency in this attainment demonstration plan. The primary emission limitations technique is restricting the VOC content of coatings. However, in addition, compliance can be achieved by using in-line averaging and control systems that meet specified requirements.
The proposed rule will regulate plastic parts coating at major sources in three broad industry segments: automotive/transportation, business machines and miscellaneous. The miscellaneous plastic parts category includes items such as signs, weather stripping and shutters.
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: The proposed rule will regulate plastic parts coaters in three broad industry segments: automotive/transportation, business machines and miscellaneous. The automotive /transportation plastic parts category includes the interior and exterior components of automobiles, trucks, tractors, lawnmowers and other equipment which may be drawn or is capable of being driven on a roadway. The business machine plastic parts category includes the plastic housings and other exterior plastic components of electronic office equipment and of medical and musical equipment, including, but not limited to the following: computers, monitors, printers and keyboards, facsimile machines, copiers, microfiche readers, cellular and standard phones, and pencil sharpeners. The miscellaneous plastic parts category includes items such as signs, weather stripping and shutters.
b. Description of reporting and bookkeeping procedures required: The primary compliance method requires that records be maintained of the name or identification number of the coating and the VOC content of the coating, as applied, excluding water. In addition, plastic parts coaters using extreme performance coatings (EPC) need to record the annual quantity of the EPC coatings used. Alternative compliance methods such as a control equipment option or an in-line averaging option require records consistent with s. NR 422.04.
c. Description of professional skills required: none.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 31, 2001   Room 140-141, DNR Southeast Region
Wednesday     Headquarters, 2300 North Dr. Martin
10 a.m.     Luther King Jr. Blvd, Milwaukee
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 Grant Hetherington at (608) 267-7539 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Grant Hetherington, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than February 15, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings.
Fiscal Impact
The Department of Natural Resources is expected to incur minimal additional costs to implement and administer the rule. The rule potentially impacts four corporate sources which may need permit reviews and compliance determinations. Compliance determination will be incorporated into current program activities of reviewing annual compliance reports and ongoing site visits. New sources effected by the rule are currently required to obtain a permit and are not expected to incur additional reviews. The total estimated impact on Department permitting and compliance resources is approximately one-tenth FTE per year. The reduction in VOC emissions from the rule is not expected to significantly impact the Air Program's emission fee revenues under the current fee structure.
A copy of the proposed rule AM-43-00 and its fiscal estimate may be obtained from:
  Proposed Rules
  Bureau of Air Management
  P.O. Box 7921
  Madison, WI 53707
  Phone: (608) 266-7718
  FAX: (608) 267-0560
Notice of Hearings
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) and 285.27 (2), Stats., interpreting ss. 285.11 (6) and 285.27 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 464and 484, Wis. Adm. Code, relating to hazardous air pollutant emissions from pulp and paper mills. The proposed rule will incorporate into state rules existing national emission standards for hazardous air pollutants (NESHAP) for pulp and paper mills. These standards took effect on April 15, 1998, and are intended to protect public health by requiring the control of emissions of hazardous air pollutants, as identified under the federal Clean Air Act, to the level attainable by implementing the maximum achievable control technology. Sources affected are new and existing facilities which are involved in the manufacture or processing of paper pulp, and which have the potential to emit more than 10 tons per year of a single hazardous air pollutant or more than 25 tons per year of any combination of hazardous air pollutants. The standards include emission limitations for pulp production and pulp bleaching.
Also included in this proposed order are updating changes to the general NESHAP provisions bearing on when alternative monitoring, testing and recordkeeping or reporting procedures may be approved by the department, and updating changes to certain test methods which are cited in ch. NR 439 and/or incorporated by reference in ch. NR 484.
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.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 23, 2001   Room 113, UW Stevens Point, 1015
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