Rule-Making Notices (Hearing Notices)

Thursday, November 17, 2005 at 1:00 p.m.

Large Conference Room, DNR Service Center

875 S. 4th Ave.

Park Falls

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

Fiscal Estimate

There is no state or local government fiscal impact anticipated.

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. Edward Emmons, Bureau of Science Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 30,2005. 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 Mr. Emmons.

Notice of Hearing

Natural Resources
(Environmental Protection - General)

[CR 05-100]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 281.68, Stats., interpreting s. 281.68, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 192, Wis. Adm. Code, relating to lake monitoring contracts and the citizen lake monitoring network. The proposed rule implements s. 281.68 (2) (b), Stats., that allows the Department to award contracts from the lake protection grant appropriation, s. 20.370 (6) (ar), Stats., for the creation and support of a statewide lake monitoring network to collect information about the environmental health of the state's lakes. The Department may use up to 10% of the annual lake protection grant appropriation to fund the network through contracts to groups and individuals. The Department will register, train and equip citizens to collect data that the Department will receive and analyze and make available to the public. The rule lists the types of monitoring activities citizens may conduct. The Department will provide monitoring protocols to assure consistent results. Qualified citizen monitors must participate in Department sponsored training and have access to a boat, computer and telephone. The Department may use contracts with other agencies and private corporations to provide the training, equipment and other goods and services needed to support the network. The process for issuing contracts will comply with all applicable state 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 hearing will be held on:

Tuesday, November 22, 2005 at 11:00 a.m.

Room 613, GEF #2

101 South Webster Street

Madison, WI

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

Fiscal Estimate

This rule is implementing a statutory change, and the rule itself has so state fiscal impact.

For 2005 - 2006, 10% of the lake protection grant allocation is approximately $370,000. These are funds that otherwise would go to units of local government, lake associations and non profit conservation organizations for lake planning, lake protection and aquatic invasive species control grants. While this will decrease the number of grants the department will be able to award, the reduction will be offset by expanded use of volunteer lake monitoring through the contracts.

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. Carroll Schaal, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 30, 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 Mr. Schaal.

Notice of Hearings

Natural Resources
(Environmental Protection - Air Management)

[CR 03-118]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), (16) and (17) and 285.65 (14), Stats., interpreting ss. 285.11 (6), 285.60 and 285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 405, 408 and 484, Wis. Adm. Code, relating to incorporation of federal changes to the air permitting program. On December 31, 2002, the U.S. EPA promulgated federal rules which significantly changed the federal new source review (NSR) program for major emission sources located in both attainment and nonattainment areas. The major elements of the Department's proposed implementation are:

1. Baseline actual emissions – The Department is proposing that facilities determine baseline actual emission rates for use in calculating emissions increases and establishing plant-wide applicability limitations by using any 24 consecutive month period in the past 10 years. Although all emissions units affected by the change must use the same baseline period for the air contaminant being addressed, a different baseline period may be used for differing air contaminants.

2. Methodology for calculating emission increases – The Department is proposing that the federal applicability test, including a demand growth factor, be adopted. In calculating emissions that result from a change, facilities may either project actual emissions resulting from the change or choose to utilize potential emissions. Baseline actual emissions are subtracted from projected actual/potential emissions to determine whether a significant net emissions increase will occur as a result of the project. The department is proposing record keeping and reporting requirements for those instances where there is a reasonable possibility that a project could result in a significant net emissions increase.

3. Plant-wide applicability limitations (PALs) – The Department is proposing that the federal PAL proposal be accepted in Wisconsin. The PAL would be calculated the same as baseline actual emissions plus a significance threshold. Projects occurring within facilities that would be regulated under a PAL would be exempt from federal new source review requirements if they will not result in emissions exceeding the PAL level.

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 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.

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.

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, November 16, 2005 at 1:00 p.m.

Conference Room 1, Portage Co. Courthouse Annex.

1462 Strongs Ave.

Stevens Point

Friday, November 18, 2005 at 10:00 a.m.

Room GO9, GEF #2

101 South Webster St.

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

Fiscal Estimate

Because these rule revisions will reduce the number of PSD/NSR permits that the department will process annually, revenues from the completion of these permits will be lost. Based upon 2002 permitting efforts, the department estimates this lost revenue to be $480,000 annually. Increasing minor source permitting efforts may result due to less regulatory burden, the department estimates that this increasing level would equal $140,000.

The department estimates that although these revisions will reduce the number of projects that would be subject to permitting under the PSD/NSR program, the department will be required to spend resources conducting complex applicability determinations and preparing exclusions from the PSD/NSR program under the options provided for in the rule revisions. These exclusions will be labor intensive on the front end in order to ultimately provide regulatory relief. It is estimated that any time that would have been available as a result of the reduced number of PSD/NSR permit applications will be spent responding to requests for applicability determinations or in preparing exclusionary documents for sources taking advantage of the exclusionary options. The department estimates that the costs to prepare these exclusionary documents will equal or exceed the costs of preparing PSD/NSR permits, and but may be possible to absorb within the agency's budget.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rules may be submitted by regular mail to Mr. Jeffrey Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than November 21, 2005. Written comments, whether submitted electronically or by regular mail, will have the same weight and effect as oral statements presented at the hearings.

A copy of proposed rules AM-06-04 and AM-32-04b and the fiscal estimates may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone: [phone]

FAX: [phone]