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 Karl Scheidegger at (608) 267-9426 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The proposed rule has no fiscal impact.
The emergency 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 Karl Scheidegger, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 4, 2005. 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 emergency rule and fiscal estimate may be obtained from Mr. Scheidegger.
Notice of Hearing
Natural Resources
(Environmental Protection-Air Pollution Control)
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 an additional public hearing 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 conditions will be developed during permit preparation for sources that could be regulated by registration or general permits. Sources which may be eligible for registration or general permits are 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 are minor technical changes to provide correct references to the recently updated ch.
NR 445 which were inadvertently omitted in the processing of that rule package.
NOTICE IS HEREBY FURTHER GIVEN that the proposed rule revisions make several changes to the original version of the rule that went to public hearing in 2004. These changes were made to provide greater clarity to the rule and to further streamline the permitting program for these sources. Changes made to the rule include:
•
Expansion of the categories of sources eligible for registration construction permits to include major sources making changes or modifications that result in low emission increases;
•
Exemption from construction permits for certain changes and modifications made under a general operation or registration operation permit; and
•
Clarification of the eligibility criteria for the general and registration permit programs.
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:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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:
Thursday, March 3, 2005 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 (608) 266-2856 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 Caroline Garber, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 4, 2005. 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 by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 by calling (608) 266-7718 or by fax at (608) 267-0560.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
348.26 (2) and
348.27 (2), Stats., and interpreting ss.
59.84 and
84.295 (8), Stats., the Department of Transportation will hold a public hearing on the
1st day of March, 2005, at the Hill Farms State Transportation Building,
Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at
1:00 PM, to consider the emergency rule and proposed permanent rule amendment of chs.
Trans 254 and
255, Wisconsin Administrative Code, relating to the standards and procedures for the issuance of single and multiple trip oversize and overweight permits.
Parking for persons with disabilities and an accessible entrance are available.
A copy of the emergency rule may be obtained upon request from Mark Woltmann, Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, Room 451, P. O. Box 7965, Madison, WI 53707-7965, or by calling (608) 266-1744.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: Chapters
Trans 254 and
255 establish the standards and procedures for the issuance of single and multiple trip oversize and overweight permits. Both chapters have route limitations that prohibit the permitting of oversized vehicles on portions of the Milwaukee County expressway system. Specifically, vehicles or loads or dimensions greater than 11 feet in width, 13
½ feet in height, or 100 feet in length are prevented from using the Milwaukee Expressway. These limitations have severe consequences for the timely and cost effective reconstruction of the Marquette Interchange.
Completing the construction of this project on time and on-budget requires the transporting of steel and concrete bridge components larger than these dimensions to the construction site. Structural members are currently being manufactured for the initial stages of construction of the Marquette Interchange Reconstruction project. These beams and girders exceed the transport limits detailed above and cannot be reduced in size. The steel and concrete bridge components must be delivered to the construction site beginning in February 2005.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation:
23 CFR parts 657 and
658 regulate the length, width and weight limitations of trucks. Part 657 prescribes requirements for administering a program of vehicle size and weight enforcement on Federal-aid highways, including the required annual certification by the State. It supports the development and operation by each State of an enforcement process that identifies vehicles of excessive size and weight and provides a systematic approach to eliminate violations and thus improve conditions. Part 658 identifies a National Network of highways available to vehicles authorized by provisions of the Surface Transportation Assistance Act of 1982 (STAA) as amended, and to prescribe national policies that govern truck and bus size and weight. FHWA policy is to provide a safe and efficient National Network of highways that can safely and efficiently accommodate the large vehicles authorized by the STAA. This network includes the Milwaukee Expressway as well as the Interstate System and other qualifying Federal-aid Primary System Highways.
Comparison with Rules in Adjacent States
The rule making will have no effect on Interstate operation because it is exclusive to the greater Milwaukee area. The Federal government regulates the size and weight of commercial vehicles on the Interstate Highway system. State governments regulate the size and weight of commercial vehicles on state routes in addition to enforcing the Federal size and weight rules.
Michigan
Pursuant to Act 300 of the Public Acts of 1949, the Michigan Vehicle Code (MVC), transport permits are required for vehicles and loads that exceed the maximum legal limits established in the MVC. Transport permits are only issued for vehicles and loads that cannot reasonably be reduced in size or transported by other means. There are two different types of permits available to individuals or companies to transport their vehicles/loads on Michigan state trunk lines: (1) single trip permits and (2) extended permits. Single trip permits may be issued for a five-day period if so requested. A single trip permit is valid for one trip only, but may be issued to include a return move. Extended permits may be issued on an annual basis and are issued on the vehicle/load being transported, there are various categories of permits including: construction, miscellaneous, agricultural, pipe and pole, and modular or mobile home. Each permit includes appropriate conditions and restrictions based on the size and or weight of the movement.
It is the purpose of the Michigan Department of Transportation to issue special permits for the movement of necessary overweight and oversize vehicles or loads consistent with the following obligations: (a) protection of the motoring public from potential traffic hazards; (b) protection of highway surfaces, structures, and private property; and, (c) provisions for a normal flow of traffic with a minimum of interference. Maximum vehicle dimensions are 13 feet, 6 inches in height and 8 feet in width or 8 feet, 6 inches in width on designated highways. The maximum lengths vary by type of vehicle.
Minnesota
The Department of Transportation's Office of Freight and Commercial Vehicle Operations (OFCVO) is responsible for implementing, administering and enforcing Minnesota laws and federal regulations governing carriers transporting oversized and overweight loads. Permits regulate the movement of vehicles upon State Trunk Highways with or without load, that exceed maximum legal size for vehicle width, height, length, weight, or number of vehicles in combination.
Maximum vehicle dimensions are 13 feet, 6 inches in height and 8 feet 6 inches in width (excluding rear view mirrors or temporary load securement devices that may extend an additional 3 inches on each side of the vehicle or load). The maximum lengths vary by type of vehicle and range between 40 to 75 feet. Anything over these legal dimensions requires a permit to travel on a state highway. The Overdimension Transportation Permit is issued by OFCVO and it must be carried in the vehicle during transport.
Single trip permits allow one move within a 5-day period. A Job permit allows multiple moves over the same route by the same vehicle or combination within a two-month period. Annual oversize permits allow multiple moves over various routes by the same vehicle or combination within a specified time frame that varies from 2 to 12 months depending on the type of annual.
Illinois
Oversize and Overweight (OS/OW) permitting is administered in Illinois by the Department of Transportation, Permits Unit. Oversize and Overweight permits allow the operation of vehicles or loads in Illinois that exceed the legal maximum dimensions and weights. Maximum legal dimensions are 13 feet, 6 inches in height and 8 feet, 6 inches in width on Class I and II highways or 8 feet on Class III, other state highways, and local roads and streets. Legal length dimensions vary by vehicle type and class of highway.
The permitting process is intended to provide for highway safety. There are Single Use Permits (5 days), Round Trip Permits (10 days), Quarterly and Yearly Permits, Repeated Moves of Like Objects Permits, Highway Crossing Permits, and Grain Permits.
The Department of Transportation is authorized by the Illinois Size and Weight Law (625 ILCS5/Chapter
15) to issue special permits. These special permits allow the operation of vehicles or loads that exceed legal maximum dimensions and weights. These permits are valid only for those highways under Department jurisdiction.
Iowa
The maximum legal dimensions allowed on Iowa roadways is 8 feet in width and 13 feet, 6 inches in height or 14 feet in height for auto transporters. The length limits vary by vehicle type and range between 40 feet and 75 feet.
Vehicles and/or loads that are indivisible (ones that cannot be broken down) and exceed the above legal dimensions or weights can be moved with an oversize permit. Single trip, multi-trip, annual, annual oversize/overweight, or all-systems permits are available. Oversize loads can be moved from 30 minutes before sunrise until 30 minutes after sunset unless qualified for continuous movement. Oversize loads requiring law enforcement escort are required to provide at least one week notice prior to the intended travel date if they choose to utilize the escort service of the Office of Motor Vehicle Enforcement.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen
Without this rule amendment, the alternatives are either to: (a) transport these oversize loads on the city surface street system which will have greater safety impacts and increase potential damage to local roadways not designed to carry these types of loads; or (b) redesign the project to reduce the size of the structural members (beams and girders) to meet these size limitations which will significantly increase the project costs and the time required to complete the project.
The rule modifications give the Department authority to allow dimensions of a vehicle or load to exceed 11 feet in width, 13½ feet in height, or 100 feet in length on the entire Milwaukee Freeway under extraordinary circumstance when, in the opinion of the Department, public health and welfare is better served, and to impose additional conditions to promote the safe operations of the vehicle and load when necessary. The Department already exercises this same authority on the remainder of the state trunk highway system.
Before any oversize or overweight vehicle can travel legally on Wisconsin highways, its operator must first obtain a state permit from the Department of Transportation. To issue this permit, the Department must evaluate the proposed route for potential hazards such as roads that area too narrow, bridges without adequate vertical clearance, areas that are congested, and roadbeds that are unstable during spring thaw. The Department must also ensure that heavy loads can travel safely without damaging the state's bridges.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses
The rule is expected to have no significant effect on small business practices or net worth of small businesses. These existing Milwaukee Freeway route restrictions would either create added safety and infrastructure concerns because these oversized loads would be shifted to secondary roads or local streets not engineered to handle this type of load or it would require more trucks and truck drivers to move a greater number of smaller sized structural components. This shift, in turn, would increase traffic congestion and its related safety problems that result in increased delivery times and costs to local area businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector
See previous section. Routing oversized loads on the Milwaukee surface street system may not be practical due to the load lengths and the turning radiuses required. If the street geometry does allow the movement, these street systems may not be designed to carry the weight of such loads. Doing so will result in unsafe conditions and possible permanent damage to surface street system. By eliminating these route restrictions for highway construction and repair work, a net benefit to the private sector should be realized through improved traffic operations and less traffic congestion during the construction or repair and once the roadway work is completed.
Copies of Emergency Rule
Requests for copies of the emergency rule should be submitted to Mark Woltmann, Department of Transportation, Division of Infrastructure Development, Room 451, P.O. Box 7965, Madison, Wisconsin 53707-7965. You may also contact Mr. Woltmann by phone at (608) 266-1744.
To view the emergency rule or the proposed permanent rule, or submit written comments on the permanent rule via e-mail/internet, you may visit the following website:
