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.
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),
(16) and
(17) and
285.65 (14), Stats., interpreting ss.
285.11 (6),
285.60 and
285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 405,
408 and
484, Wis. Adm. Code, relating to incorporation of federal changes to the air permitting program. On December 31, 2002, the U.S. EPA promulgated federal rules which significantly changed the federal new source review (NSR) program for major emission sources located in both attainment and nonattainment areas. The major elements of the Department's proposed implementation are:
1. Baseline actual emissions – The Department is proposing that facilities be able to use any 2 years in the past 10 years for establishing baseline emissions, as in the federal rule. However, the proposed rule provides that the same baseline period must be used for all pollutants, unless the Department approves an alternative time period. The Department is also proposing that replacement units be treated as new units, as they are under the existing program. Additionally, the Department is proposing that any new units installed after the baseline period that have at least a 24-month actual emission history be required to use their actual emissions in the baseline.
2. Methodology for calculating emission increases – The Department is proposing that the federal applicability test, including a demand growth factor, be adopted. However, the Department is looking for input as to how this factor should be calculated. Without clear standards for estimating demand growth, it will be difficult for the Department to include a demand provision in the final rule.
3. Plantwide applicability limitations (PALs) – The Department is proposing that the federal PAL proposal be accepted in Wisconsin with the option to exclude any emission unit that is designated a “clean unit" from the PAL. The emission would be calculated the same as baseline actual emissions. Additionally, the Department is proposing that PAL facilities which are located in a nonattainment area be subject to a declining emission cap for the nonattainment pollutants. Essentially this would require that facilities achieve a best available control technology (BACT) level of control on all significant emission units prior to the expiration of the PAL.
4. Clean unit applicability test – The Department is proposing to accept the federal clean unit provisions with the proviso that retroactive determinations will only be made back as far as 2001. The Department is also adding a provision to cover situations where an area is redesignated from attainment to nonattainment. The Department is requesting comments on three proposed options on these provisions.
5. Pollution control project (PCP) exclusion – The Department is proposing a rule which is essentially identical to that required under the federal rule.
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 22, 2004
Thursday at 1:00 p.m.
Room 158/185, DNR Region Headquarters
1300 W. Clairemont
Eau Claire
January 23, 2004
Friday at 10:00 a.m.
Room 027, GEF #2 Building
101 South Webster St.
Madison
January 28, 2004
Wednesday at 1:00 p.m.
Auditorium, Bay Beach Wildlife Sanctuary
1660 E. Shore Drive
Green Bay
January 29, 2004
Thursday at 1:00 p.m.
Room 141, DNR Region Hdqrs.
2300 N. Dr. Martin L. King Jr., Dr.
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 Robert Park at (608) 266-1054 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. Jeffrey Hansen, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than January 30, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings.
Fiscal Estimate
Because these rule revisions will reduce the number of PSD/NSR permits that the department will process annually, revenues from the completion of these permits will be lost. Based upon 2002 permitting efforts, the department estimates this lost revenue to be $480,000 annually. Increasing minor source permitting efforts may result due to less regulatory burden, the department estimates that this increasing level would equal $140,000.
The department estimates that although these revisions will reduce the number of projects that would be subject to permitting under the PSD/NSR program, the department will be required to spend resources conducting complex applicability determinations and preparing exclusions from the PSD/NSR program under the options provided for in the rule revisions. These exclusions will be labor intensive on the front end in order to ultimately provide regulatory relief. It is estimated that any time that would have been available as a result of the reduced number of PSD/NSR permit applications will be spent responding to requests for applicability determinations or in preparing exclusionary documents for sources taking advantage of the exclusionary options. The department estimates that the costs to prepare these exclusionary documents will equal or exceed the costs of preparing PS/NSR permits, and may be possible to absorb within the agency's budget.
Copies of Rule and Contact Person
A copy of proposed rule AM-06-04 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 Proposed Rule
Transportation
The Wisconsin Department of Transportation proposes an order to amend ch.
Trans 149 (title), 149.01 (2), 149.02 (6) (m), 149.05 (5) (a) 2., 149.07 (1) (a) 2., 149.08 (1) and
Trans 305.065 (1) and (2) (b), Wis. Adm. Code, relating to titling and registration of homemade, reconstructed or repaired salvage vehicles.
NOTICE IS HEREBY GIVEN that pursuant to the authority of ss.
85.16 (1),
227.11 (2) (b) and
342.07 (2), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending chs.
Trans 149 and
305 without public hearing unless, within 30 days after publication of this notice
January 1, 2004, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule and any petition for public hearing may be addressed to Patricia Hansen, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-0325.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. Prior to passage of
2001 Wis. Act 109, motorcycles built by non-licensed manufacturers were titled as “replica" vehicles.
2001 Wisconsin Act 109 amended s.
341.268, Wis. Stats., to exclude motorcycles from the definition of replica vehicle. After October 1, 2002, the definition of homemade vehicle is expanded to include motorcycles that reproduce a vehicle originally made by another manufacturer.
Current policies of the Department of Transportation require that all homemade and reconstructed vehicles be inspected before a title and registration plates may be issued. This policy is expressed in s.
Trans 305.065, Wis. Admin. Code. The proposed rule will amend chs.
Trans 149 and
305 to clarify that inspections of homemade vehicles, including motorcycles, are to be conducted in the same manner as inspections of repaired salvage vehicles. The proposed rule further amends ch.
Trans 149 to provide that the requirement for receipts for motorcycle parts be raised from the current $50 to $150 in order to capture information on major part purchases and to eliminate receipts for minor, non-essential motorcycle parts. The inspections for homemade and reconstructed vehicles do not require a fee since there is no statutory provision for charging a fee. The proposed rule will amend ch.
Trans 149 to clarify that the fee provisions of that rule apply only to inspections of repaired salvage vehicles.
TEXT OF PROPOSED RULE
Under the authority vested in the state of Wisconsin, department of transportation, by ss.
85.16 (1),
227.11 (2) (b) and
342.07 (2), Stats., the department of transportation hereby proposes to amend rules interpreting ss.
341.268 and
342.07, Stats., relating to titling and registration of homemade, reconstructed or repaired salvage vehicles.
SECTION 1. Ch.
Trans 149 (title) is amended to read:
INSPECTION OF A HOMEMADE, RECONSTRUCTED OR REPAIRED SALVAGE VEHICLE
SECTION 2. Trans 149.01 (2) is amended to read:
Trans 149.01 (2) This chapter applies to any person seeking to obtain a certificate of title on a homemade vehicle, reconstructed vehicle, repaired salvage vehicle or on a vehicle identified in another jurisdiction as a repaired salvage or salvage vehicle.
SECTION 3. Trans 149.02 (6) (m) is amended to read:
Trans 149.02 (6) (m) Any motorcycle part not listed under this subsection which has a value exceeding $50
$150.
SECTION 4. Trans 149.05 (5) (a) 2. is amended to read:
Trans 149.05 (5) (a) 2. The Wisconsin salvage certificate of title evidencing the applicant's ownership of the vehicle, which may be a salvage certificate of title in the name of the applicant, or a Wisconsin salvage certificate of title in the name of another person who has properly assigned the title to the applicant in the space provided on the certificate. This paragraph does not apply to homemade or reconstructed vehicles.
SECTION 5. Trans 149.07 (1) (a) 2. is amended to read:
Trans 149.07 (1) (a) 2. The applicant's current salvage certificate of title. This paragraph does not apply to homemade or reconstructed vehicles.
SECTION 6. Trans 149.08 (1) is amended to read:
Trans 149.08 (1) The applicant shall pay an inspection fee for each inspection performed, except that there is no additional fee for the reinspection described in s.
Trans 149.07 (2) (b).
There is no fee for the inspection of a homemade or reconstructed vehicle.
SECTION 7. Trans 305.065 (1) and (2) (b) are amended to read:
Trans 305.065 (1) INSPECTION. Upon completion of assembly or reconstruction, every homemade or reconstructed vehicle shall be inspected prior to being registered or titled for compliance with this chapter
, ch. Trans 149 and ch.
347, Stats. The inspection shall be performed by an inspector authorized by the department to perform inspections of salvage vehicles under s.
342.07, Stats. This subsection does not apply to trailers or semitrailers.
(2) (b)
Replica and street modified vehicles. The department shall issue a title indicating that a vehicle
, except a motorcycle, is a replica or street modified vehicle and the make and model year shown on the title shall be the original make and model year of the street modified vehicle or the make and model year of the vehicle being replicated. The installation of reproduction body parts on a previously manufactured and titled vehicle body and frame is not considered by the department to constitute a replica vehicle for purposes of identifying the vehicle on its title. A vehicle shall be considered a replica or a street modified vehicle if it has been certified by the owner to be a replica or a street modified vehicle for purposes of registration under s.
341.268, Stats. A vehicle shall also be considered a street modified vehicle if the vehicle's engine has been replaced with one which required adaptation beyond ordinary replacement.
Fiscal Effect
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
The amendments of these rules have no direct affect on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Patricia Hansen, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 267-0325. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wis. Admin. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
January 20, 2004 at 11:00 a.m.
Transportation District 3
2733 Ridge Road
Conference Room 2
Green Bay, WI
