There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Entities affected by the rule
All health care provider participants in the fund as set forth in s.
655.002 (1), Wis. Stat.
Natural Resources
Subject
Objective of the rule. Amendment to ch.
NR 406. The proposed rule change will implement s.
285.60 (5m), Stats., as created by
2003 WI Act 118, related to a waiver of construction permit requirements under certain circumstances.
The Department would proposed the following prerequisites when applying for a waiver:
1. The person submitting the request is required to have filed a complete construction permit application so the Department is able to make an accurate determination of the merits of the waiver request.
2. The project is required to obtain a permit under ch.
NR 406 but not chs.
NR 405 or
NR 408.
Policy analysis
Section
285.60 (5m), Stats., as created by
2003 WI Act 118, requires the Department, by rule, to allow any person to commence construction, reconstruction, replacement or modification of a stationary source prior to issuance of a construction permit under certain circumstances. The source must demonstrate to the Department that the waiver is necessary to avoid undue hardship. The Department is authorized to grant waiver requests on the bases specified in the rule or on a case-by-case basis. Under s.
285.60 (8), Stats., the Department may not grant a waiver if that action would conflict with the Clean Air Act.
The Department is required by Statute to act on the waiver request within 15 days after it receives the request..
Current policy does not allow for commencing construction prior to receiving a construction permit.
Statutory authority
Staff time required
Approximately 156 staff hours of time will be needed to develop the rule.
Comparison with federal requirements
Under s.
285.60 (8), Stats., the Department may not promulgate a rule under s.
285.60, Stats., that conflicts with the federal clean air act.
There is no federal requirement that would prohibit waivers for state only construction permits, those covered under ch.
NR 406, so there would be no conflict with the federal clean air act if the waivers are granted only to projects which do not require a PSD or NSR e.g., (major sources or major modifications of major sources).
Environmental organizations have expressed an interest in the implementation of the construction permit waivers.
Entities affected by the rule
There are approximately 200 construction permits issued annually, and about 2000 sources listed on our air emission inventory.
Natural Resources
Subject
Objective of the rule. Amendments to chs.
NR 406 and
407. The proposed rule changes will implement s.
285.60 (6) (b), Stats., as created by
2003 WI Act 118, related to exemptions for minor sources from air pollution control construction and operation permits.
Policy analysis
Section
285.60 (6) (b), Stats., requires the Department, by rule, to exempt minor sources from the requirement to obtain a construction permit and an operation permit if the emissions from the sources do not present a significant hazard to public health, safety or welfare or to the environment. Minor sources are those facilities whose air emissions are below the Clean Air Act threshold level for major sources. Department rules currently contain more than 30 specific exemption categories as well as one general exemption. The Department is evaluating how to redefine the exemptions such that only projects and facilities that have, or will have, significant environmental impact or risk are subject to permitting requirements. The operation permit general exemptions the Department is considering would only apply to facilities that are not otherwise classified as Title V sources. In addition, the construction permit exemptions would only apply to projects that are not subject to review under Prevention of Significant Deterioration or Non-attainment New Source Review rules.
Statutory authority
Staff time required
Approximately 486 staff hours of time will be needed to develop the rule.
Comparison with federal requirements
Under s.
285.60 (8), Stats., the Department may not promulgate a rule under s.
285.60, Stats., that conflicts with the federal Clean Air Act.
There is no federal requirement to issue operation permits to non-title V sources whose potential to emit is less than the federal major source threshold; nor is there a federal requirement to issue construction permits to minor sources or minor modifications, although the Department's air permit program must be sufficient to ensure that national and state ambient air quality standards are achieved. There appears to be no conflict with the federal Clean Air Act.
Entities affected by the rule
There are approximately 700 minor sources in Wisconsin which could potentially be affected by the changes in exemptions for air operation and construction permits.
Podiatrists Affiliated Credentialing Board
Subject
Continuing podiatric medical education waivers.
Policy analysis
Objective of the rule. The rule changes would accomplish two purposes. By broadening the set of circumstances under which a continuing podiatric medical education waiver may be granted, the board could grant waivers for exceptional circumstances that are not similar to prolonged illness or disability. By providing for a grace period in the initial licensure period, a full two years for completion of the continuing education credits would be assured.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
The board feels its continuing education rule is not broad enough to allow the board to make discretionary decisions to waive continuing education requirements in certain instances, nor does the board allow a grace period for applicants who apply to renew a license that expires on the first expiration date after initial issuance of the license.
Comparison with federal requirements
There is no existing or proposed federal regulation for summary and comparison.
Statutory authority
Entities affected by the rule
Licensees, continuing education providers, the Department of Regulation and Licensing.
Staff time required
100 hours.
