Rule-Making Notices (Hearing Notices)

Notice of Hearing

Commerce
(Fee Schedule)

[CR 05-038]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15) (h) to (j), and 101.19, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 2, relating to miscellaneous fee schedule changes.

The public hearing will be held as follows:

Date and Time:

Wednesday, June 15, 2005 at 2:00 p.m.

Location:

Room 3B, Thompson Commerce Center

201 West Washington Avenue

Madison

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 30, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Analysis

1. Statutes Interpreted.

Sections 101.02 (15) (h) to (j), and 101.19, Stats.

2. Statutory Authority.

Sections 101.02 (15) (h) to (j), and 101.19, Stats.

3. Related Statute or Rule.

None.

4. Explanation of Agency Authority.

Section 101.02 (15) (h) to (j), Stats., grants the Department general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Section 101.19, Stats., grants the Department authority to promulgate rules to fix and collect fees.

5. Summary of Proposed Rules.

The Division of Safety and Buildings within the Department of Commerce is responsible for administering and enforcing safety and health rules relating to the construction and inspection of dwellings, public buildings and places of employment. The Division of Environmental and Regulatory Services within the Department is responsible for administering and enforcing safety and health rules relating to underground and aboveground flammable and combustible liquid storage tank systems. In the administration and enforcement of those rules, the Department provides numerous services such as plan examination, inspection and certification. The Department, by rule promulgated under chapter 227 of the Wisconsin Statutes, is required to fix and collect fees which must, as closely as possible, equal the cost of providing those services.

Most of the fees charged by the Division of Safety and Buildings and the Division of Environmental and Regulatory Services are contained in chapter Comm 2. The proposed rules consist of miscellaneous changes in chapter Comm 2 in order to address inconsistencies, omissions, format and administration problems that have been discovered since the complete update of chapter Comm 2 in 2000. The proposed rules do not involve a general fee increase.

6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.

There are no existing or proposed federal regulations that address the activities to be regulated by the proposed rules.

7. Comparison with Rules in Adjacent States.

The proposed rules consist of administrative changes specific to the Department's schedule of fees charged for the services provided by the Safety and Buildings Division and the Environmental and Regulatory Services Division. There are no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.

8. Summary of factual Data and Analytical Methodologies.

There were no factual data or analytical methodologies used to develop the proposed rules.

9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

The rules will affect any businesses that pay fees to the Safety and Buildings Division or the Environmental and Regulatory Services Division for the Divisions' costs of providing certain plan examination and inspection services. Because the proposed rules basically consist of clarifications to address inconsistencies, omissions, format and administration problems, the rules will have a minimal affect on small businesses.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no reporting, bookkeeping or other procedures required for compliance with the rules.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the rules.

4. Rules have a significant economic impact on small businesses.

No. Rules not submitted to Small Business Regulatory Review Board.

Fiscal Estimate

The proposed rules consist of miscellaneous changes in ch. Comm 2 to address inconsistencies, omissions, format and administration problems, resulting in no significant changes in the Department's costs or revenues. The proposed rules will also not have any fiscal effect on local governments or the private sector.

The major format change in the proposed rules consists of modifying the fees related to reviewing storage tank plans and inspecting storage tank installations for Aboveground Storage Tanks (AST) and Underground Storage Tanks (UST). These fees are based on the costs related to staff time for reviewing owner's proposed petroleum storage tank plans and time worked inspecting tank installations.

The Department proposes to change the fee structure to make the total fee easier to calculate. The Department deposits all fees collected into the Petroleum Inspection Fund, which is the funding mechanism behind the positions associated with these activities. Below is a sampling of typical tank systems that are reviewed and the fees assessed by the Department.

Tank Plan Current Proposed Difference

Commercial business with

1,100 gallon capacity UST $163 $160 -$3

Service station with 12,000

gallon capacity UST   $366 $375 $9

Based on departmental analysis, the Department estimates that revenues collected under the proposed plan will closely mirror those currently collected. However, by moving to a new fee methodology based on tank size, year-end revenues are difficult to estimate as they will depend on the changing market demand for these storage systems. Similarly, while the Department predicts decreased costs, they will likely be negligible as they will result from lowered mailing and telephone costs associated with fewer fee issues.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Hearing

Natural Resources
(Environmental Protection - Water Management)

[CR 05-037]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.12 (1), (1p) and (3) (br), 30.20 (1), (1k), (1t) and (2), 30.206 and 227.11 (2), Stats., interpreting ss. 30.12 (1g) (a), (g), (h) and (km), (2m), (2r), (3) and (3m), 30.20 (1), (1g), (1k), (1m), (1t) and (2), and 30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 329 and 345, Wis. Adm. Code, relating to miscellaneous structures and dredging in navigable waterways. The purpose of this rule is to establish five additional general permits for waterway activities, with appropriate conditions. Revisions to ch. NR 329 establish a general permit for pea gravel blankets. Revisions to ch. NR 345 establish general permits for non-exempt manual dredging, maintenance dredging, jetting to remove aquatic plants, and dredging less than 25 cubic yards from a river or stream. All activities authorized by general permits must follow technical standards similar to those previously used for short form permits, in Department guidance, or as developed with key stakeholders.

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:

Wednesday, June 15, 2005 at 3:00 p.m.

Video conference participation will be available at:

Room 8F, State Office Building

101 E. Wilson Street

Madison

Room 220, UW-Marathon County

518 S. 7th Avenue

Wausau

Fiscal Estimate

The purpose of these permanent rule revisions is to establish five additional general permits for waterway activities, with appropriate conditions.

NR 329

NR 329 revisions establish a general permit for the placement of pea gravel. There will be a revenue impact, consisting of a decrease in revenue of about $5,900 annually. This revenue is from permit fees. Currently, the placement of pea gravel requires a $500 permit fee, and the revenue from 13 permits a year is $6,500. With adoption of this rule, the placement will be eligible for a $50 general permit, and the revenue from 13 permits a year would be $650. There will be a reduction in work related to review of permits, reflecting that general permits will require less staff review. The staff savings is estimated at 137 hours annually, or 0.07 FTE, which would equate to a cost reduction of $4,400 in salary and fringe benefits.

NR 345

NR 345 revisions establish four general permits for various dredging activities. There will be a revenue impact, consisting of a decrease in permit revenue of about $25,200 annually. Currently, an estimated 314 dredging activities require a $500 permit fee, yielding revenue of $157,000 annually. Another 62 dredging projects require a $50 general permit, and 25 projects are exempt from a permit and pay no fee. With adoption of this rule, an estimated 251 dredging activities will be subject to a $500 individual permit, 125 will be eligible for a $50 general permit, and 25 will be exempt from any permit, for a total annual revenue from dredging of $131,800. There will be a reduction in work related to review of permits, reflecting that general permits will require less staff review. The staff savings is estimated at 661 hours annually, or 0.32 FTE, which would equate to a cost reduction of $21,000 in salary and fringe benefits.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Roberta Lund at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Dale Simon, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 22, 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 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 Hearing

Natural Resources
(Environmental Protection - Air Pollution Control)

[CR 05-039]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 460, 463 and 466, Wis. Adm. Code, relating to incorporation of federal amendments in National Emission Standards for Hazardous Air Pollutants (NESHAP) into chs. NR 460 and 463.

The proposed rule will incorporate federal changes promulgated by U.S. EPA on April 5, 2002, May 30, 2003 and April 22, 2004 to the general provisions in ch. NR 460. These changes make the general provisions more flexible, thus reducing the regulatory burden on industry while improving compliance and compatibility with other regulations governing sources of federal air toxics. The proposed amendments extend the period of time available for an owner or operator of a facility to request a one-year compliance extension for the installation of pollution controls, change some provisions relating to startup, shutdown and malfunction plans and add a new section which specifies requirements for sources which are members of the U.S. EPA Performance Track program.

The proposed rule will also incorporate federal changes to NESHAP for chromium electroplating promulgated by U.S. EPA on July 19, 2004 into ch. NR 463 and make the state rule consistent with the federal rule. The proposed amendments add an option that allows hard chrome platers to meet the requirements of NESHAP by controlling the surface tension of their plating baths, establishing an emission rate appropriate for closed tanks, broadening the definition of chromium plating and anodizing tanks to include all the ancillary equipment and relaxing the operating limit for mesh pad scrubbers and making it easier for sources using this type of control equipment to demonstrate compliance.

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].

Fiscal Impact