Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 591, 3/14/2005

Rule-making notices

Notice of Hearing

Natural Resources

(Environmental Protection - Air Pollution Control)

[CR 04-106]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and (6), 285.62 and 285.67, Stats., interpreting ss. 285.11 (6), 285.62 and 285.67, Stats., the Department of Natural Resources will hold an additional public hearing on revisions to chs. NR 400, 406 and 407, Wis. Adm. Code, relating to permitting of activities that result in air emissions. 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 identification of “state-only" requirements in construction permits and incorporation of construction permit requirements into operation permits.

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.

These rule revisions will provide industry and the Department with a streamlined approach to incorporating construction permit conditions into operation permits. The Department is required to use review and noticing procedures for construction permitting that are substantially equivalent to those used for operation permits. The Department is proposing that terms and conditions from construction permits be included in operation permits using administrative or minor revision processes.

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 address comments received in regard to incorporation of construction permit conditions into an operation permit. Changes made to the rule include:

- Deletion of linkage conditions to proposed rule revisions to adopt federal new source review rule changes and

- Incorporation of construction permit conditions into operation permits using administrative revision and minor revision processes.

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 hearing will be held on:

Tuesday, March 29, 2005 at 10:00 a.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 may be submitted at the additional public hearing or by regular mail, fax or email to Jeffrey Hanson, Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707; Fax: [phone]; [e-mail].

Comments may be submitted until March 29, 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 [phone] or by fax at [phone].

Notice of Hearings

Transportation

[CR 05-019]

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1), 85.095 and 227.11 (2), Stats., and interpreting s. 85.095, Stats., including s. 85.095 (1) (a), (1) (am) and (5), Stats., as amended or created by 2003 Wis. Act 208, the Department of Transportation will hold public hearings at the following locations to consider the amendment of ch. Trans 28, Wisconsin Administrative Code, relating to expanding eligibility for Harbor Assistance Program grants to private owners of harbor facilities:

April 6, 2005

Milwaukee Amtrak Depot, 3rd Floor

Community East Room

433 W. St. Paul Avenue

Milwaukee, WI

1:00 PM

April 7, 2005

Hill Farms State Transportation Building

4802 Sheboygan Avenue

Room 419

Madison, WI

1:00 PM

The hearing locations are accessible to persons with disabilities.

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: ss. 85.16 (1), 85.095 and 227.11 (2), Stats.

STATUTES INTERPRETED: s. 85.095, Stats., including s. 85.095 (1) (a), (1) (am) and (5), Stats., as amended or created by 2003 Wis. Act 208.

Plain Language Analysis: 2003 Wisconsin Act 208 amended s. 85.095, Stats., providing eligibility to private owners of commercial harbor facilities to make direct grant application to the Wisconsin Department of Transportation's Harbor Assistance Program (HAP) rather than through a public harbor authority under a lease-back arrangement. Applications are solicited semi-annually from Wisconsin's commercial ports to present infrastructure improvement projects for consideration and possible funding by the HAP. The grant applications are reviewed for responsiveness to the requirements of ch. Trans 28, Wis. Adm. Code. They are then ranked and scored by the program's Harbor Advisory Council (HAC), which is comprised of representatives from prescribed constituencies. The HAC, upon due consideration, makes recommendations to the Secretary of the Department of Transportation as to which application(s) should be funded. These recommendations are then forwarded to the Governor for his consideration. The announcement of a grant award is made through the Governor's office.

Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: There are no comparable federal laws or regulations.

Comparison with Rules in Adjacent States:

Michigan: Harbor assistance in Michigan takes the form of operating and capital assistance to port authorities that oversee ferryboat operations. The capital assistance is found in a marine capital line item and is limited to $800,000 per year.

Minnesota: Minnesota created a Port Development Assistance Program in 1996. It is similar to Wisconsin's HAP in that it mixes bonding authority with state dollars to fund infrastructure improvement projects.

Illinois: None

Iowa: None

Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: No data or analytical methodology was employed in considering this proposed rule making.

Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule should not impact 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 revenues or private sector 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 April 14, 2005, 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 Larry Kieck, Department of Transportation, Bureau of Rails and Harbors, Room 701, P. O. Box 7914, Madison, WI 53707-7914. You may also contact Mr. Kieck by phone at [phone]. Copies of the proposed rule and alternative formats of the rule are available upon request.

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.