Rule-Making Notices (Hearing Notices)

2300 N. Dr. Martin Luther King, Jr. Drive,

Milwaukee

Thursday, October 14, 2004 at 11:30 a.m.

Prairie Room, Portage County Library

1001 Main Street

Stevens Point

Friday, October 15, 2004 at 11:30 a.m.

Room 349, GEF #3

125 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 Bob Eckdale at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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 Nathan Luedke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 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 by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

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), (6) and (17), 285.60 (6) and 285.69 (1), Stats., interpreting ss. 285.11 (6) and (17), 285.60 and 285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 400, 406, 407 and 410, Wis. Adm. Code, relating to providing the interface of the state air permitting programs with federal changes to the air permitting program. The State Implementation Plan developed under s. 285.11 (6), Stats., will also be revised. On December 31, 2002, the U.S. Environmental Protection Agency published regulations that significantly changed the way new and modified sources of air pollution are permitted. Changes necessary to implement the federal program cannot be fully utilized unless additional changes are made to the state construction and operation permitting regulations. The proposed rule revisions have been designed to take full advantage of the flexibility made available under the proposed changes that adopt the federal air permitting revisions without compromising on Department or public opportunity for review. The proposed rule revisions are intended to provide flexibility to stationary sources utilizing the permit applicability exclusions provided within the federal rule changes.

Currently, all emission limitations and specific conditions that are contained within a construction permit are considered federally enforceable because there is no mechanism within the construction permit program to identify “state-only" requirements whose underlying authority does not rest within Wisconsin's State Implementation Plan. These rule revisions will enable Wisconsin to identify requirements as “state-only" conditions in construction permits where the underlying rule has not been submitted to U.S. Environmental Protection Agency for inclusion in the State Implementation Plan and thus not intended to be federally enforceable, or is not required by federal law.

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. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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:

Tuesday, October 26, 2004 at 1:00 p.m.

Room 124A & B, State Office Building

1681 Second Ave. South

Wis. Rapids

Thursday, October 28, 2004 at 1:00 p.m.

Room 511, 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 Bob Eckdale at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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 Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 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 by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

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) and (6), 285.60 (2g), (3) and (6) and 285.69 (1), Stats., interpreting ss. 285.11 (6), 285.60 (2g) and (3), 285.61 and 285.62, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 400, 406, 407 and 410, Wis. Adm. Code, relating to implementing general and registration air permit programs required by 2003 Wisconsin Act 118. The State Implementation Plan developed under s. 285.11 (6), Stats., will also be revised. The proposed rule revision establishes criteria and procedures for the issuance of general and registration air permits. These rules are intended to provide industry and the Department with a streamlined approach to permitting low emitting sources or categories of similar sources. Sources that are eligible for and which choose to take advantage of a general or registration permit would complete a simplified permit application form. General and registration permits would already have been completed by the Department for the targeted sources or source categories using permit language that is standard for the sources to be covered by the permit. This process will provide greater certainty, flexibility and timeliness to the permitting process.

The proposed rule establishes the general framework for these permits by setting implementation criteria. Specific permit criteria will be developed during permit preparation of sources that could be regulated by registration or general permits include those that have actual emissions significantly lower than federal major source thresholds, nonmetallic mineral processing plants, asphalt plants, small natural gas fired generators, digestors, small heating units, printing presses and hospital sterilization equipment.

Also included in this proposed rule is a minor change to clarify the permit exemption criteria for grain processing and grain storage facilities. This clarification is necessary to ensure that column dryers and rack dryers are included in the exemption criteria, as was intended in the original rule development. Included in this package as well is a minor technical change to provide correct references to the recently updated ch. NR 445 which was inadvertently omitted in the processing of that rule package.

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. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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:

Thursday, October 28, 2004 at 3:00 p.m.

Room 511, GEF #2

101 South Webster Street

Madison

Wednesday, November 3, 2004 at 1:00 p.m.

Room 141, DNR SE Region Hdqrs.

2300 N. Dr. Martin Luther King Jr., Drive

Milwaukee

Thursday, November 4, 2004 at 1:00 p.m.

Schmeekle Room, UW-Stevens Point

2419 North Point Drive

Stevens Point

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 Bob Eckdale at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The use of general and registration permits will result in reduced programmatic costs in the long run. While the Department will spend resources similar to that of a standard permit review to prepare a general permit or a registration permit, the resulting product will be used to regulate several similar sources resulting in lower costs associated with review of permit applications.

It is anticipated that approximately 50 registration permits and 50 general permits will be issued for new construction annually. Under proposed fees for these projects, the department would see $155,000 in additional revenue. If these projects were required to undergo the traditional permit route, the Department would garner approximately $500,000 in permit fees for these projects. Although the registration and general permit programs will result in less administrative burden for regulated facilities, the department will incur the costs of implementing the program and developing permits for use under these programs. Thus, these programs are not expected to change the department's need for permitting resources.

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 Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 5, 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 by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Notice of Hearing

Transportation

[CR 04-099]

NOTICE IS HEREBY GIVEN that pursuant to ss. 343.02, 343.03 (5) and 343.14 (2) (f), Stats., and interpreting s. 343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 12th day of October, 2004, at 1:30 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to the issuance of driver licenses and identification cards.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Analysis Prepared by the Wisconsin Department of Transportation

Statutory Authority: ss. 343.02, 343.03 (5) and 343.14 (2) (f), Stats.

Statutes Interpreted: s. 343.14 (2) (f), Stats.

Plain Language Analysis: This proposed rule modifies s. Trans 102.14, relating to the issuance of driver licenses and identification cards. Current law requires the Department to issue driver licenses at motor vehicle service centers. This rule making is intended to permit the Wisconsin Division of Motor Vehicles (DMV) to mail permanent driver license and ID card documents from a centralized issuance facility. DMV would issue a temporary paper receipt (license or ID card) at DMV service centers. DMV recognizes a number of business advantages to using a centralized issuance system including a reduction in identity theft, persons having multiple identities, and residency fraud.

In addition, this rule making makes clear that the department may decline to immediately issue licenses and ID cards at motor vehicle service centers to persons who have not previously been issued licenses in Wisconsin or another jurisdiction. Licenses are mailed to such individuals at the address specified in their license application. DMV has been mailing out licenses to individuals in these categories on a pilot basis and determined that it helps identify persons who are fraudulently representing themselves as Wisconsin residents.

Finally, the proposed rule making would give DMV explicit authority to withhold immediate distribution of licenses and to use mail distribution if other patterns of fraudulent application activity are determined and a person's application fits that pattern.

Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: There are no existing or proposed federal regulations on this matter.

Comparison with Rules in Adjacent States:

Michigan: Central Issuance System

Minnesota: Central Issuance System

Illinois: Over-the-counter Issuance System

Iowa: Over-the-counter Issuance System

Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: DMV has mailed licenses since March 1, 2004 to drivers who are new license or ID applicants in Wisconsin and who have not been previously licensed in another jurisdiction. In that time, about 600 licenses or IDs have been returned to the department and cancelled because the mailing address provided by the applicant was invalid. The fact that this mechanism has been successful in reducing the issuance of falsified identification documents suggests that permanent adoption of a Central Issuance System is appropriate. The American Association of Motor Vehicle Administrators (AAMVA), which represents all U.S. and Canada jurisdictions, recommends a centralized issuance system as an effective method in reducing identity theft, residency fraud, and internal theft of stock materials needed to manufacture licenses and ID cards. A number of long-term, over-the-counter issue states such as Kansas, Washington, Colorado, Utah and Maine have recently switched to a central issuance system to reduce identity theft and other fraud-related issues. Delaying issuance will allow the Department to review and investigate questionable applications before the permanent card is issued.

Persons applying for a license under a centralized issuance system would receive a temporary license document if they need a license document.

Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule will have no adverse impact on small businesses. You may contact the Department's small business regulatory coordinator by phone at [phone], or via e-mail at the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Fiscal Effect and Anticipated Costs Incurred by Private Sector: 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 or private sector revenues or liabilities.

Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business on the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Mr. Alioto by phone at [phone].

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Notice of Hearing

Transportation

[CR 04-100]

NOTICE IS HEREBY GIVEN that pursuant to s. 343.14 (2) (f), Stats., and interpreting s. 343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 12th day of October, 2004, at 1:30 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to proof of identification.