Entities Affected by the Rule
Entities that may be affected by the proposed rule include nursing homes, facilities for the developmentally disabled, community-based residential facilities, adult family homes, residential care apartment complexes, residents who live in these facilities and receive psychotropic medication pursuant to court ordered protective services, counties, and advocacy groups.
Statutory Authority
Staff Time Required
The Department estimates that it will take 200 hours to draft the rulemaking order. The Department will seek the participation of Disability Rights Wisconsin Inc., the Coalition of Wisconsin Aging Groups, the Wisconsin Assisted Living Association, the Wisconsin Association of Homes and Services for the Aging, the Wisconsin Association of County Homes, the Wisconsin Health Care Association, and the Board on Aging and Long Term Care.
Health and Family Services
Subject
Parental fees for children's long-term support services and early intervention services for children from birth to 3 with developmental needs.
Policy Analysis
Families with children who have functional needs receive services from a number of programs implemented by county human and social services agencies. These programs include early intervention services for children from birth to 3 with developmental needs; the family support program; the community options program; the children's home and community based services waivers; various locally funded services such as respite care and community inclusion activities for children; and other children's long term support programs. Federal, state, and county funds pay a portion of the costs for these services. Parents of children who receive these services also pay a portion of these costs. Parents of children who receive long-term support services are required to pay a fee based on a schedule established by the Department under
2003 Wisconsin Act 33 and s.
HFS 1.03 (13m). Parents of children who receive early intervention services are required to pay a fee assessed by the county providing services under s. under s.
51.44 (5) (a), Stats., and s.
HFS 90.06 (2) (i). Counties have determined that implementing the early intervention services and children's long-term support services under two different fee systems is administratively and fiscally burdensome. In addition, the Department has determined that the system for calculating the parental cost share for early intervention services is not equitably distributed in that families are not being assessed a fee in proportion to their incomes and services received.
To decrease the burden on county agencies in implementing early intervention and children's long term support programs, and to ensure that families, in proportion to their incomes, share in the costs of their child's services, the Department will propose to establish in ch.
HFS 1, a single fee schedule for use by counties in assessing parental fees for the early intervention program services and children's long-term support services. Except for early intervention core services, such as service coordination and evaluation, the proposed consolidation and revision of fee schedules may result in an increase in costs to families receiving early intervention services due to the change in the process for calculating the parents' share of costs. Currently, the parental cost share for early intervention services is a flat fee based on family annual income and family size relative to federal poverty guidelines. The change in calculation will continue to be based on family annual income and family size relative to federal poverty guidelines, but the fee will be a percentage of actual costs for services based on the family's income and size instead of a flat fee. Under the proposed fee schedule, fees will be assessed beginning at family annual income levels at or above 330% of federal poverty level. The costs will be accessed beginning at 1% of service costs and can progress to 41% of service costs for families at 2000% or greater of federal poverty level.
Comparison with Federal Regulations
The Department knows of no existing or proposed federal rules that are similar to the planned proposed rules.
Entities Affected by the Rule
The proposed rule may affect county social and human service agencies; local public health agencies; families with children who receive early intervention services or children's long-term support services; and providers of children's long-term support and early intervention services.
Statutory Authority
Staff Time Required
The department anticipates that staff will take approximately 24 hours to develop the proposed rules.
Natural Resources
Subject
Objective of the rule. The Bureau of Air Management proposes
to proceed with the development of rules to amend the definitions of “major source" and “Part 70 source" for purposes of the air operation permit program (NR 407.02), “fugitive emissions" (NR 400.02) and s.
NR 407.12 for minor source revisions, to conform to federal rules.
Section
NR 406.15 (3) is to be amended, changing the relocation requirement for Nitrogen Oxide (NO
x) and Volatile Organic Compound (VOC) emissions, eliminating the numerical values for a major source threshold.
Sections
NR 406.04 (2m) and
407.10 (4) allow for permit exemptions for replacement sources that are covered under a general permit. These rules are being amended to clarify which sources are exempt.
Chapter
NR 439 outlines the requirements for periodic compliance stack testing. This rule is being amended to allow for alternative stack testing requirements for MACT category sources.
Policy Analysis
On November 27, 2001, the U.S. Environmental Protection Agency (U.S. EPA) published changes to the definition of “major source" that is applied in air operation permit programs. Under s.
285.11 (16), Stats., DNR must promulgate rules consistent with, but no more restrictive than, the federal clean air act, that specify which sources are classified as major sources.
The U.S. EPA's new definition of “major source", for purposes of the operation permit program, changes which fugitive emissions are counted in determining whether a source is major or not. To ensure that Wisconsin's operation permit program is at least as stringent as the federal requirements, the Bureau of Air Management must, in addition to amending the definition of “major source", amend the definition of “fugitive emissions". The rule amendment will allow an extension to the compliance deadline for sources that become major as a result of the changes.
On December 19, 2005 U.S. EPA excluded several types of small hazardous air pollutant sources from Federal permit requirements. DNR's rules are being amended to reflect this change.
The major source threshold for NOx emissions in ozone nonattainment areas varies with the removal of NOx waiver. Not all portable sources would be considered major if their NOx emissions now exceed 25 tons per year. Since the threshold may be different for portable sources which are relocated into or within an ozone nonattainment area, the numerical limitation needs is being eliminated. The numerical value for VOC emissions is also being eliminated.
Current regulations regarding the replacement of an air contaminant source that is covered under a general permit are being revised to clarify when a new permit is needed.
The frequency of compliance stack testing under ch.
NR 439 conflicts with the requirements under chs.
NR 460 through
NR 469 (MACT Standards). The proposed amendment would exempt sources required to test under the MACT standards from the requirements currently in place in ch.
NR 439.
Current operation permit revisions do not allow for construction permits to be included into an operation permit using the streamlined process. The proposed change to s.
NR 407.12 will allow for a minor revision to be used for this purpose.
Comparison with Federal Regulations
Under s.
285.60 (8), Stats., the Department may not promulgate a rule under s.
285.60, Stats., that conflicts with the U.S. EPA regulations.
The Bureau of Air Management is proposing to proceed with the development of rules to amend the definitions of “major source" and “fugitive emissions" in sections
NR 407.02 and
400.02 only to the extent necessary to ensure that the state operation permit and nonattainment new source review programs conform to federal rules under
40 CFR Part 70.
Entities Affected by the Rule
Most sources covered under air permits may be affected by the proposed rule changes.
Statutory Authority
Staff Time Required
Approximately 130 staff hours of time will be needed to develop the rule.
Natural Resources
Subject
Objective of the rule. This action will create appendix JJJJ in ch.
NR 460 and subchapter III in ch.
NR 466 to incorporate national emission standards for hazardous air pollutants (NESHAP) for paper and other web coating. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy Analysis
There are no policy issues to be resolved. The US Environmental Protection Agency promulgated the NESHAP for paper and other web coating on December 4, 2002 (67 FR 72330). The NESHAP establishes maximum achievable control technology (MACT) requirements for facilities operating paper and other web coating lines. This action incorporates the paper and other web surface coating NESHAP into the Wisconsin Administrative Code.
Section
285.27 (2), Stats., requires the Department to promulgate NESHAP by rule. In addition, since this NESHAP affects more than ten facilities in Wisconsin, promulgation into state rule is consistent with the MACT Streamlining Policy approved by the Natural Resources Board in 1996.
Statutory Authority
Staff Time Required
About 375 hours of Department staff time will be needed to develop this rule.
Comparison with Federal Regulations
As noted above, the federal NESHAP for paper and other web coating is an existing federal regulation, and all existing affected sources should be in compliance with the federal rule by now. While some changes to the federal rule language and organization may be necessary to accommodate state administrative rule format, no substantial changes will be made, and the state rule will be essentially identical to the federal NESHAP.
Entities Affected by the Rule
The NESHAP for paper and other web coating will affect 17 facilities statewide and may potentially affect an additional 41 facilities. There will be no change in the number or type of sources affected resulting from the incorporation of the NESHAP into Wisconsin administrative code.
Transportation
Subject
Objective of the rule. Ch.
Trans 195 establishes fees for searches of vehicle and driver records, and is derived from ss.
19.35,
341.17,
342.09 and
343.24, Stats. The statutory and rule provisions cover both single (individual) driver and vehicle records, and also large volumes of data that include many records, of multiple drivers or vehicles. The rule, however, is not clear in distinguishing between single records and large volumes of records. This rule making will clarify the distinction, and clarify how fees will be charged for the different types of information sales. It will define “records in bulk" to refer to large volumes of vehicle or driver records that are provided at one time (10 or more at one time), and will clarify how the fee for records in bulk will be calculated.
Policy Analysis
The Division of Motor Vehicles charges a fee of $5 for single or individual vehicle or driver records, or up to $5 per record for large purchases of vehicle or driver data. This rule making proposes no change to this policy. The rule making clarifies what is meant by records in bulk and how the division of motor vehicles will charge for records in bulk.
Comparison with Federal Regulations
No federal regulation governs the fees which a state may charge for vehicle and driver records. The federal Drivers Privacy Protection Act
18 USC 2721-2725 governs the uses to which any personally identifiable information may be put, and the responsibility of states to assure that data is used in compliance with the Act.
Entities Affected by the Rule
Purchasers of vehicle and driver information data from the Division of Motor Vehicles.
Statutory Authority
Staff Time Required
Approximately 100 hours.
