As for copper, the tentative changes to the water quality criteria will result in slightly more stringent effluent limitations for about 125 permitted facilities in the Great Lakes Basin that currently have effluent limitations. It is possible that a small number of additional permitted facilities will also see effluent limitations for the first time. It is the belief of staff that these changes will not result in a significant impact to the overall compliance status of many of the affected WPDES permittees.
Effluent limitations for nickel resulting from the tentative changes will most likely be more stringent than found in current permits. However, because effluent concentrations are historically very low for nickel, the changed limitations are not expected to result in an increase in noncompliance for the affected WPDES permittees.
Similarly, endrin has rarely been detected in wastewater effluents and effluent limitations have not been necessary. In fact, endrin has only been detected in the effluents of 2 of 395 municipal dischargers and has not been detected in any of the 209 industrial dischargers. As such, it is unlikely that any compliance issues will be observed as a result of the tentative changes in water quality criteria.
2. Selenium: there are also no new policy changes associated with the tentative selenium criterion change, although Wisconsin does not currently have a chronic fish and aquatic life criteria published in Chapter
NR 105 (Wis. Adm. Code). Wisconsin does have a human health water quality criterion, but chose not to adopt a chronic selenium criterion in its 1997 rule revision due to concerns about U.S. EPA's use of toxicological translators. As a result, U.S. EPA over-promulgated Wisconsin and has indicated that the federal criterion must be used to establish effluent limitations where applicable to Great Lakes Basin discharges.
Based on the effluent concentration data submitted with WPDES permit applications, a new chronic criterion for selenium is not likely to cause significant impacts to the regulated community. In a recent review of effluent data, selenium has only been detected in 11 of 395 municipal discharges and 12 of 219 industrial discharges. None of those facilities has an effluent limitation based on human health protection. It is also unlikely that any of those facilities will require a limitation for the protection of fish and aquatic life.
3. Human Health Water Quality Criteria Changes: 1,2-dichlorobenzene, 1,3-dichloropropane, 3,3'-dichlorobenzidine, antimony, chlorobenzene and hexachlorocyclopentadiene are detected very rarely in industrial and municipal effluents. Chromium
+3 and Chromium
+6, ethylbenzene and toluene are detected more frequently, but the typical concentrations found in effluents are well below the proposed criteria such that permit limits are not expected to be necessary. Cadmium and cyanide are detected relatively often. However, the proposed human health criteria are less stringent than current toxicity criteria included in ch.
NR 105 for the protection of fish and aquatic life. As such, inclusion of effluent limitations in a WPDES permit would be driven by the more stringent fish and aquatic life criteria instead of on human health.
Similarly, change in the human health criteria for arsenic is not likely to result in more effluent limitations. This is due to the fact that the proposed federal arsenic criteria are less stringent than those already included in ch.
NR 105. At this time, the only areas of the state in which human health-based arsenic limits are needed in permits are in detected discharges directly to the waters of Lakes Michigan and Superior.
Statutory authority
Statutes interpreted: ss.
281.15, Stats.
Staff time required
No changes are proposed in the procedures for calculating water quality criteria or in how the criteria are used to calculate effluent limitations for WPDES permits. Only the numerical criteria for noted substances are being revised for the reasons indicated above. As a result, staff does not believe that significant time or explanation will be needed to explain the proposed language changes.
Staff also do not believe that any significant unresolved issues exist with this package since there are no actual narrative language changes and a significant amount of information sharing has already taken place with U.S. EPA regarding the new criteria. Approximately 100 hours of staff time will be needed to process this rule.
Comparison with federal regulations
U.S. EPA promulgated regulations for copper, endrin, nickel, and selenium in the states bordering the Great Lakes in 1995 (60 FR 15366, March 23, 1995) as part of the Final Water Quality Guidance for the Great Lakes system. The Department promulgated rules in 1997 to incorporate these federal requirements. The proposed rulemaking effort is needed to so that the criteria for copper, nickel, selenium, and endrin are as protective as the Federal guidance. Although the Great Lakes regulations are designed to provide consistency within the Great Lakes basin, Wisconsin's rules would apply these criteria statewide in order to establish regulatory consistency between the waters in the Great Lakes basin and the waters in the Upper Mississippi River basin.
Further, U.S. EPA has published a number of updates to federal water quality criteria in accordance with the requirements of Section 304(a) of the Clean Water Act. Updates to human health criteria published through November 2003 are included in this request. U.S. EPA has indicated that Wisconsin must in turn update state water quality criteria to be as protective as the federal criteria or face the risk of federal over-promulgation.
Entities affected by the rule
Municipal and industrial permittees with surface water discharges that have detected any of the substances described above may be affected by these rules. It is possible that detections may warrant more frequent effluent monitoring or even possible limitations to show compliance with the necessary limitations. Effluent monitoring has historically indicated that most permitted dischargers do not detect most of the substances addressed in this memo. As such, there are no indications that the tentative criteria changes will result in a significant change in the number of permit limitations required.
With respect to copper, however, it is commonly detected in wastewater effluent. In fact, about one of nine municipal dischargers has an acute copper limitation in their WPDES permits while one of twelve includes a chronic limitation. For industries, one in six permittees has an acute limitation and one in eleven has a chronic limitation. Since the proposed criteria are lower than those in the current rule, it is possible these ratios could increase as well. With the small number of facilities that have limits, however, and the fact that the criteria are only changing by about 10%, it is unlikely that there will be a significant increase in the number of limitations needed. For those permittees that already have a copper limitation, it may be necessary to reissue future permits with a slightly more stringent effluent limitation than is included in a current permit. It is not anticipated that these differences will require significant changes in operation of treatment facilities or source controls.
Regulation and Licensing
Subject
Setting standards and procedures relating to continuing education program content and hours for dental hygienists.
Policy analysis
Objective of the rule. In April 2006, the Legislature passed and the Governor enacted
2005 Wisconsin Act 318, which established a continuing education requirement for dental hygienists as a precondition to license renewal. Act 318 requires the Department of Regulation and Licensing to establish rules regarding the biennial requirements for required clinical coursework and number of hours.
Act 318 brings dental hygienists into a large group of professionals in Wisconsin that have a continuing education requirement as a component of license renewal, in addition to 47 other states that have a continuing education requirement for dental hygienists. Continuing education requirements are seen as helpful in fields that have a significant opportunity to affect the public's health, welfare and safety. The legislation allows the department, after consultation with the Dentistry Examining Board and the Department of Health and Family Services, to adjust the number of hours and to require coursework in specific clinical subjects.
Entities affected by the rule
Dental hygienists and the Wisconsin Department of Regulation and Licensing.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Statutory authority
Staff time required
124 hours.
Regulation and Licensing
Subject
Establishment of administrative rules of the Department of Regulation and Licensing regarding the licensure of midwives. The new rules will establish policies for granting of licensure, scope of practice, and professional conduct.
Policy analysis
The creation and establishment of a new section of administrative rules of the Department of Regulation and Licensing relating to licensure of midwives is necessary to implement newly created Subchapter XI of chapter 440 of the Wisconsin Statutes pursuant to
2005 Wisconsin Act 292.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities affected by the rule
Midwives that are electing to be licensed in this category. Department of Regulation and Licensing; Credentialing, Division of Enforcement, Board Services/Office of Education and Examinations, and Office of Legal Counsel.
Statutory authority
Staff time required
400 hours.
Transportation
Subject
Objective of the rule. 2005 Wisconsin Act 126 requires individuals applying for a driver's license or identification card to provide documentary proof of U.S. citizenship or legal presence in this country. This rule making will amend s.
Trans 102.15 (proof of identification) to include documentary proof of U.S. citizenship or legal presence, as required by
2005 Wisconsin Act 126.
Policy analysis
Current law requires applicants to provide proof of name and date of birth, identity and residency. This will require applicants to also provide proof of U.S. citizenship or legal presence. This rule making is required to comply with
2005 Wisconsin Act 126, which takes effect April 1, 2007.
Comparison with federal regulations
Proposed changes will move Wisconsin towards compliance with the federal REAL ID Act, which takes effect May 11, 2008.
Entities affected by the rule
Immigration advocacy groups
Law enforcement
Statutory authority
Staff time required
40 hours.
Transportation
Subject
This rulemaking will amend ch.
Trans 112, relating to the issuance of motor vehicle operator licenses to persons that have a medical condition that may affect their ability to exercise reasonable control over a motor vehicle. Currently, physicians are the only approved medical professionals allowed to submit to DMV medical information concerning drivers, or report drivers who may be medically unfit to drive. This rule making will allow Advanced Practice Nurse Prescribers (APNP) to complete and submit medical reports to the Department. In addition, the proposed changes will clarify the requirements of full or partial limb amputees to undergo a reevaluation by the Department to insure the amputation has not affected their ability to exercise reasonable control over a motor vehicle.
Section
343.12 (7), Stats., lists crimes the conviction for which disqualifies a person from possessing a license to drive a school bus. That statute both describes the offense and lists a statutory reference to that offense. That statute also disqualifies school bus drivers who are convicted under the laws of another state for crimes that would be a listed crime if committed in this state. In effect, the substance of the out-of-state conviction and its comparability to a disqualifying Wisconsin statute determines whether the out-of-state conviction is a disqualifying offense. Section
343.12 (8), Stats., requires the Department to promulgate rules listing additional disqualifying crimes and to establish the disqualification periods for those crimes. Several school bus drivers licensed by this state have been convicted of the offenses described in s.
343.12 (7), Stats., or described in ch.
Trans 112, Wis. Admin. Code, albeit under different statutory references. For example, drug convictions under chapter 961, Stats., are disqualifying offenses, but convictions of those described crimes prior to July 1996 appear as convictions under ch. 161, Stats. (ch. 161, Stats., was renumbered to ch. 961, Stats., by
1995 Wisconsin Act 448). The Department believes that s. 343.12 (7), Stats., intends to disqualify drivers convicted of those substantive crimes, even if the numeric statutory reference of the conviction is different from that listed. Because ch.
Trans 112 also contains numeric statutory references, the Department is amending the rule to clarify that the indicated period of disqualification applies to any individual convicted of the substantive crimes listed, even if the numeric statutory reference is different.
Policy analysis
APNP are currently authorized to verify a driver's eligibility for disabled license plate products and to submit an interim school bus medical report required by ch.
Trans 112. Amputation--this policy is a long-term past practice based under s.
343.16, Stats., but must be clarified to ensure continued fair and equitable use.
The alternative to specifying that the substance of a crime controls whether the driver is disqualified is to give controlling effect to the numeric statutory references. For example, persons who are convicted of a drug crime under ch.
161, Stats., before July 1996 would not be disqualified from driving a school bus, while persons convicted of the substantively identical crime after July 1996 are disqualified because that conviction occurred under ch.
961, Stats. This alternative would also allow future convictions to avoid being disqualifying offenses if the numeric references are changed. For example, if ch. 961, Stats., is one day renumbered to ch. 962, persons convicted under new ch. 962, Stats., would not be disqualified even though the substantive crime is unchanged.
Comparison with federal regulations
Federal regulations at
23 CFR 391.41(b)(1) and 391.41(b)(2) requires special testing of commercial drivers who lose a hand, arm or limb or have limb impairment. Federal regulations at
23 CFR 390.5 include advanced practice nurses (along with doctors of medicine, doctors of osteopathy, physician assistants and doctors of chiropractic) in the definition of “medical examiner."
Entities affected by the rule
Wisconsin and border state medical professionals, Wisconsin HMO and Hospital Organizations, drivers with medical and/or functional impairments, school bus companies, school bus drivers and the school districts that employ or contract for them, persons convicted of felonies under statutes since renumbered, persons missing hands, feet or limbs, or having impairment of limbs.
Statutory authority
Staff time required
40 hours.
