Approximately 260 hours will be needed by the Department to develop these rules.
Entities affected by the rules
These proposed fishing regulation changes would affect and are of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing. New regulations may result in increased law enforcement, fisheries and customer service work load as anglers become familiar with new rules. At the same time, rule simplifications may reduce work load.
Comparison to federal regulations
There are no federal regulations regarding recreational fishing regulations. That authority is given to the State.
Natural Resources
Subject
Objective of the rule. Chapter
NR 460 (Emission Standards for Hazardous Air Pollutants For Source Categories - General Provisions) is amended to incorporate amendments made to the federal general provisions. Chapter
NR 463 (Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks) is amended to incorporate amendments made to the federal chromium standard and renumbered to create subchapter I. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy analysis
There are no policy issues to be resolved. The US EPA amended the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories: General Provisions (40CFR Part 63, Subpart A) on April 5, 2002 and the NESHAP for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (40CFR Part 63, Subpart N) on July 19, 2004. This action incorporates the federal amendments into the corresponding portions of the Wisconsin Administrative Code.
Statutory authority
Staff time required
About 200 hours of Department staff time will be needed to amend these rules.
Comparison to federal regulations
This action will amend existing state rules to make them identical to the already amended federal rules.
Entities affected by the rules
The amendments to the general provisions could affect up to 1,000 facilities statewide, and the amendments to the chromium standard could affect up to 35 facilities statewide. It is expected that the placement of these requirements in the Administrative Code will make it easier for regulated facilities to interact with the regulating authority (DNR instead of EPA).
Natural Resources
Subject
Objective of the rule. Appendix PPPP in chapter NR 460 and subchapter IV in chapter NR 465 will be created to incorporate national emission standards for hazardous air pollutants (NESHAP) for the surface coating of plastic parts and products. Appendix MMMM in chapter NR 460 and subchapter V in chapter NR 465 will be created to incorporate NESHAP for the surface coating of miscellaneous metal parts and products. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy analysis
There are no policy issues to be resolved. The US EPA promulgated the NESHAP for the surface coating of miscellaneous metal parts and products, effective January 2, 2004 (
40 CFR part 63, Subpart MMMM), and the NESHAP for the surface coating of plastic parts and products, effective on April 19, 2004 (
40 CFR Part 63, Subpart PPPP). The two NESHAP establish maximum achievable control technology (MACT) requirements for these two source categories. This action incorporates these two NESHAP into the Wisconsin Administrative Code.
Section
285.27 (2), Stats., requires that the Department promulgate NESHAP by rule. In addition, since these two HESHAP each affect more than ten facilities in Wisconsin, promulgation into state rule is consistent with the MACT Streamlining Policy approved by the Natural Resources Board.
Statutory authority
Staff time required
About 500 hours of Department staff time will be needed to develop these rules.
Comparison to federal regulations
This action will amend existing state rules to make them identical to the already amended federal rules.
Entities affected by the rules
As noted above, the federal NESHAP for the two source categories are existing federal regulations. While some changes to the federal rule language and organization will be necessary to accommodate state administrative rule format, no substantial changes will be made, and the state rules will be essentially identical to the federal NESHAP.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding 4 highway segments to the network. The actual segments being proposed are:
STH 27 from STH 171 at Mt. Sterling to USH 14 S. of Viroqua
CTH S from CTH B to 7258 CTH S
CTH B from USH 53 to CTH S
CTH P from USH 2 to CTH B
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received requests from Ralph Hamel of Ralph Hamel Forest Products, Inc., in Vesper, WI, and Lemone Transfer of Lake Nebagamon, WI, to add these highway segments.
Comparison to federal regulations
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•No state may limit the length of truck tractors.
•No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in s.
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
Entities affected by the rules
The rule will affect the requesters of the routes to be designated and other operators of commercial motor vehicles.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Veterans Affairs
Subject
Objective of the rule. The Department seeks to update the interment fees charged to a veteran's spouse or other eligible dependent for burial in a state veterans' cemetery. The fees will be changed to more accurately reflect the current cost of interment.
Policy analysis
The Department is required to operate the state veterans' cemeteries in a fiscally responsible manner. The fees were initially set in 1996 and were calculated based upon the average cost to the department of interring a spouse or other dependent. The costs associated with operating the cemeteries have increased over the past 8 years. Accordingly, the Department must adjust the interment fees to reflect the current cost of interment.
Statutory authority
Staff time required
Approximately 5 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
Entities affected by the rules
The rule will affect veterans' spouses and other eligible dependents who choose to be interred in a state veterans cemetery.
Comparison to federal regulations
The state veterans' cemeteries are operated under the authority of state law. There is no existing or proposed federal regulation that has any bearing upon the proposed rule.
