Subject
Modification to s. NR 428.04 (2) (NOx Emission Reduction Rule for New Sources).
Policy analysis
The Bureau of Air Management proposes to incorporate into the Department's NOx emission reduction rule, ch. NR 428, an emission limit for new combustion turbines burning biologically derived gaseous fuels. The rule was adopted in 2000 as part of Wisconsin's Attainment Demonstration for the 1-hour ozone standard. Included in the rule is an emission limit for new combustion turbines burning gaseous fuels without distinction as to fuel type. Natural gas is the typical fuel for this application and was used for determining the emission rate limitation.
Discussions with affected sources have revealed an emerging trend of burning landfill gas in small combustion turbines that generate electricity and heat/steam for production processes. Emission test results and investigation has revealed that the combustion properties of landfill gas are likely incompatible with techniques and control equipment that are available to natural gas fired units. In addition, gaseous fuels derived from other biological processes such as wastewater treatment plants and digestors are expected to have similar properties and limitations. These fuel sources will also be addressed under the proposed modification.
Although firing biologically derived fuels in combustion turbines results in slightly higher NOx emissions than NR 428 currently allows, this level is significantly lower and produces energy more efficiently than existing alternatives such as a reciprocating engine. A combustion turbine is also expected to be the preferred technology in cases that are not compatible with the use of reciprocating engines or other combustion technologies. The use of combustion turbines burning biologically-derived gaseous fuels is is also expected replace electricity and heat generated from coal combustion.
Statutory authority
Sections 110, 182, 185-Federal Clean Air Act [42 USC 7410, 7511(a), 7515] and s. 285.11 (6), Stats.
Staff time required
Approximately 310 hours will be needed by the Department.
Natural Resources
Subject
Eliminate the lifetime certification provision in ch. NR 114 for septage operators, which is due to become effective on 10/01/2004. Also consider adjusting fees and modifying the structure of the septage operator program in ch. NR 114 and the licensing fee structure in ch. NR 113.
Policy analysis
The department would like to initiate discussions within the septage industry to determine the viability of this section. Early indications from the Wisconsin Liquid Waste Carriers Association are favorable.
The provision to allow lifetime certification for septage operators was adopted in 1995 with an initial implementation date nine years later. At that time, prevailing department policy was to eliminate certification requirements if one operated in good standing for a period of nine years. The revenue generated from certification would also diminish accordingly. It is now recognized that continuing education is a cornerstone of the industry. Without a requirement for continuing education, a sharp decline in attendance at invaluable training sessions is anticipated. Eliminating any source of revenue must be carefully re-examined in the current fiscal landscape and is viewed as unwise policy. Moreover, consistent oversight and enforcement of the septage program is essential for program viability and further revenue source reduction may impact already inadequate staffing levels for this critical program.
Statutory authority
Sections 281.17 (3) and 281.48 (4s), Stats.
Staff time required
Approximately 100 hours will be needed by the Department.
Nursing
Subject
Section N 2.04 (6), Wis. Admin. Code, presently requires that an applicant for licensure as a registered nurse who has graduated from a school of professional nursing outside the United States or its territories must submit with the application a valid certificate issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS). There is not a similar requirement for an applicant for licensure as a licensed practical nurse because CGFNS did not previously have a certification program for practical nurses. There is now a program for practical nurses in place, and it is appropriate to include the certification requirement for practical nurses as well as for professional nurses.
Objective of the rule. To eliminate the inconsistency in the rule relating to the duration of temporary permits.
Policy analysis
Because the licensing examination is now computer assisted, an applicant may schedule the examination at his or her convenience. There is therefore no reason to renew a temporary permit beyond its three month duration except in unusual circumstances.
Statutory authority
Sections 15.08, 227.11 and 441.08, Stats.
Staff time required
50 hours.
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