Madison
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 Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this bill.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 15, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Notice of Hearing
Natural Resources
Environmental Protection—General,
Chs. NR 100—
Environmental Protection—WPDES,
Chs. NR 200—
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.15 and
283.13, Stats., interpreting ss.
281.15 and
283.13, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 106.09 (1),
149.22 and
NR 219, Table A, note 29, Wis. Adm. Code, relating to the whole effluent toxicity (WET) test methods. Monitoring for whole effluent toxicity (WET) is required in WPDES permits in order to determine the potential for impairment of fish and aquatic life from wastewater discharges. The U.S. Environmental Protection Agency promulgated regulations concerning the use of WET methods in 1995. EPA's methods include many provisions which allow different protocols to be followed, depending on the intended use and the area of the country where the test is being applied. Wisconsin permittees are required to conduct WET tests in accordance with the “State of Wisconsin Aquatic Life Toxicity Testing Methods Manual, Edition 1" which is intended to comply with
40 CFR Part 136 while providing procedures specific to Wisconsin. Improvement to WET test methods based on the latest science and recent revisions to EPA methods warrant updating the Methods Manual to a 2
nd edition.
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: Smaller industrial permittees that discharge to a surface water and have WET requirements in their permits as well as smaller WET labs who may wish to be certified to conduct WET tests.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
The Department's Small Business Regulatory Coordinator may be contacted at:
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 hearing will be held on:
Tuesday, October 12, 2004 at 1:00 p.m.
Room 774B, GEF#2, 101 South Webster Street, Madison
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 Kari Fleming at (608) 267-7663 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The changes being proposed to WET test methods are not expected to change the costs of WET program implementation within the Department.
WET test methods must be followed by permittees and contract laboratories when required by a WPDES permit, therefore, local governments are affected if WET testing is required in their permits. However, because the changes that are proposed to WET test methods are not expected to significantly increase the costs currently associated with WET testing, no financial impacts are expected to local governments.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Kari Fleming, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 31, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Fleming.
Notice of Hearings
Natural Resources
Environmental Protection—Water Regulation, Chs. NR 300—
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3) (br),
30.13 (1) and
(1m),
30.206 and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(1g) (a),
(b),
(e) and
(f),
(1p),
(3) and
(3m),
30.13 (1) and
(1m),
30.20 (1g) (b) 2. and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 326, Wis. Adm. Code, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swimming rafts in navigable waterways. The proposed rule will implement
2003 Wisconsin Act 118 by establishing construction, design and placement standards for projects to be eligible for statutory exemptions, establishing general permits and establishing standards for projects that may be authorized under an individual permit. The proposed rule defines and describes design standards to qualify for exemptions for piers, wharves, seasonal boat shelters, boat hoists, boat lifts and swimming rafts. The rule establishes general permits for preexisting piers and permanent boat shelters which meet certain conditions, and establishes standards for specific individual permits for piers. Department staff will work with stakeholders prior to public hearing to develop more specific standards for marinas, and identify any other general or individual permits that may be appropriate.
NOTICE IS HEREBY FURTHER GIVEN that the Department will also be seeking comments on an alternative to the Department's proposed rule that was developed by a citizen stakeholder group. A copy of this alternative rule will be available no later than October 8, 2004.
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: Building contractors, small-scale land developers and consultants who provide plans or designs for projects along public navigable waterways.
b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.
While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.
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 Department will hold an open house from 4:00 p.m. to 6:00 p.m. prior to the hearings in Green Bay, Eau Claire, Merrill, Hayward and Waukesha and from 10:00 to noon in Madison. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, November 1, 2004
Video conference participation will be available at:
OL 1132, Old Library
UW-Eau Claire
105 Garfield Ave.,
Eau Claire
MAC137, Instructional Services Bldg.,
UW-Green Bay
2420 Nicolet Dr.
Green Bay
Wednesday, November 3, 2004 at 6:00 p.m.
Council Chambers, Merrill City Hall
1004 E. 1st Street, Merrill
Thursday, November 4, 2004 at 6:00 p.m.
County Board Room, Sawyer Co. Courthouse
10610 Main Street,
Hayward
Tuesday, November 9, 2004 at 4:00 p.m.
Room 151, State Office Building
141 NW Barstow Street
Waukesha
Wednesday, November 10, 2004 at 12:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison
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 Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Most of the permitting activities covered by this administrative rule remain unchanged in terms of the workload required by Department staff and revenues generated by required permits. The exception is for permanent boat shelter permits, which were issued on an individual permit basis prior to Act 118, and will be issued as general permits under this proposed administrative rule. The net fiscal impact is estimated to be a workload decrease of about 95 hours/year, which equates to about $2,000 in salary and fringe benefits, and a revenue decrease of about $4,800/year.
Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
The Department's proposed rule and the stakeholder proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Liesa Lehmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
Environmental Protection—Air Pollution Control, Chs. NR 400—
NOTICE IS HEREBY GIVEN that pursuant to s.
285.69 (3), Stats., interpreting s.
285.69 (3), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 406 and
410, Wis. Adm. Code, relating to asbestos permit exemption fees and inspection fees and a program for recovering the exact costs of laboratory fees for sample analysis for the asbestos program. Section
NR 410.05 explains the scenarios in which a fee is charged with the Notification of Intent to Demolish and Renovate required in ch.
NR 447. The current language establishes three fees based on the amount of friable asbestos containing material that will be involved in the scope of the project. This order modifies ch.
NR 410 by increasing the inspection fee amounts that can be collected, as well as adding a new level in which inspection fees can be charged. This order also revises language in chs.
NR 406 and
410 that is inconsistent with ch.
NR 447. Finally, the proposed rule creates the ability to charge the costs of laboratory analysis for samples taken at nonresidential demolition and renovation projects.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building owners, asbestos abatement contractors, demolition contractors and environmental consultants
b. Description of reporting and bookkeeping procedures required: No additional compliance or reporting requirements are required
c. Description of professional skills required: No additional skills are required.
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:
