Additionally, test methods were updated to be consistent with U.S. EPA test methods and sections in the regulations incorporated by reference will be made current.
Some of the changes being proposed include:
1. Section NR 431.05 (1) allows for an opacity limit exceedance when a boiler is being cleaned or upon start up. The exceedance time was changed from 5 to 6 minutes, as 6 minutes is the averaging time used when reading opacity, both visually and by a continuous monitor.
2. Section NR 439.07 (8) is being recreated to delineate specific paragraphs for testing requirements for each pollutant listed (particulate emissions, sulfur dioxide, nitrogen oxides, organic compound emissions and visible emissions) in addition to a paragraph that contains general provisions for testing. Previously there were no titles to the paragraphs, and cross references of the general provisions between the paragraphs caused confusion.
3. Section NR 439.075 (4) (a) 4. is being created to allow for an extension to perform a compliance stack test. This change is being proposed, as testing is normally required at or near capacity and it was sometimes difficult for a facility to perform the stack test based on the time limitation in the permit.
4. Section 439.085 (3) (a) 1. is being amended to include q sampling time frame for fuels in storage tanks. Previously, no testing frequency was listed. By listing a testing frequency, there will be consistency in the application of this section by Department staff.
5. Section NR 439.10 defines the term “circumvention", and is being amended so it reads the same as the federal definition.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, February 24, 2003 at 1:00 p.m.
CS 3rd Floor Conference Room
125 S. Webster Street
GEF #3
Madison, WI
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 Joe Brehm at (608) 267-7541 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Joe Brehm, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than March 7, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the proposed rule AM-11-03 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 Hearing
Pharmacy Examining Board
[CR 02-150]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3), Stats., and interpreting ss. 450.03 (2) and 450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Phar 2.01 (1) (c), relating to notarized photographs.
Hearing Date, Time and Location
Date:   February 12, 2003
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons 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 the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 14, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 and 450.02 (3), Stats.
Statutes interpreted: ss. 450.03 (2) and 450.04 (3), Stats.
Current federal and state law and policy restrict the circumstances, if any, whereby an applicant for a license issued by a governmental entity may be required to submit a personal photograph as part of the application process. Lacking a demonstrated and sufficient reason to continue to require applicants to submit a photograph, it is the board?s intent to repeal s. Phar 2.02 (1) (c).
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Pharmacy Examining Board
[CR 03-005]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (d), Stats., and interpreting ss. 450.03 (2) and 450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 2.03 (4), relating to admission requirements for all required professional examinations.
Hearing Date, Time and Location
Date   February 12, 2003
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons 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 the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 14, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (d), Stats.
Statutes interpreted: ss. 450.03 (2) and 450.04 (3), Stats.
The objective of this amendment is to make admission requirements for all required professional examinations consistent to simplify and streamline the application process. Section Phar 2.03 (4) currently prohibits an applicant from being admitted to the practical examination prior to completion of the applicant's internship in the practice of pharmacy. Admission to the NAPLEX and multi-state pharmacy jurisprudence examination is permitted if the applicant has obtained certification by the Foreign Pharmacy Graduate Examination Committee and being within 360 credit hours of completing an internship in the practice of pharmacy or 60 days before graduation from a school or college of pharmacy approved by the board. The different requirement for admission to the practical examination potentially penalize applicants who are otherwise professionally prepared to take the practical examination under the same requirements for the other two required professional examinations.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Public Service Commission
[CR 03-003]
The Public Service Commission of Wisconsin proposes an order to repeal s. PSC 113.0207 and create ch. PSC 119, relating to interconnecting distributed generation facilities to the electric utility system.
NOTICE IS GIVEN that a hearing will be held beginning on Monday, March 3, 2003, at 9:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge.
Hearing Date, Time and Location
Date:   Monday, March 3, 2003 - 9:00 a.m.
Location:   Public Service Commission
  610 North Whitney Way
  Madison, WI
This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
Written Comments
Comments Due:   Tuesday, February 25, 2003 - Noon
FAX Due:   Monday, February 24, 2003 - Noon
Address Comments To:
Lynda L. Dorr, Secretary to the Commission
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