Rule-Making Notices (Hearing Notices)

Ashland

Thursday, May 17, 2007 at 5:00 p.m.

Rooms 140 and 141, DNR Southeast Region Hdqrs.

2300 N. Dr. Martin Luther King Jr. Dr.

Milwaukee

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

The emergency 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 rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 28, 2007. 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 emergency rule and fiscal estimate may be obtained from Mr. Horns.

Notice of Hearing

Natural Resources

(Environmental Protection-General, Chs. NR 100—)

[CR 07-034]

NOTICE IS HEREBY GIVEN that pursuant to ch. 160 and ss. 281.12 (1), 281.15 and 281.19 (1), Stats., interpreting ch. 160 and ss. 281.12 (1), 281.15, 281.19 (1) and 299.11, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 140.10 Table 1, Wis. Adm. Code, relating groundwater quality standards for Alachlor-ESA. Alachlor-ESA (Alachlor ethane sulfonic acid) is a degradation product of the herbicide Alachlor that has been found extensively in Wisconsin groundwater. In accordance with ch. 160, Stats., the Department is required to propose rules establishing the recommendations from the Department of Health and Family Services as groundwater quality standards in ch. NR 140. The Department of Health and Family Services has recommended an enforcement standard of 20 mg/L for Alachlor-ESA. A concentration of 20 mg/L has been used as in interim health advisory level for Alachlor-ESA in Wisconsin since 1993.

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:

Friday, May 11, 2007 at 11:00 a.m.

Room 511, GEF #2 Office Building

101 S. Webster Street

Madison, WI

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

Fiscal Impact

Although additional monitoring costs may be imposed upon the state or local government entities that are within the regulated community, the extent of such monitoring and any costs associated with it--while too speculative to quantify at this time--are not expected to be significant. Thus, the Department believes it is unlikely that there will be additional costs to state and local governments resulting from adopting these groundwater standards.

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 rule may be submitted via U.S. mail to Mr. William Phelps, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 18, 2007. 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. Phelps.

Notice of Hearings

Natural Resources

(Environmental Protection - Air Pollution Control - Chs. NR 400—)

[CR 07-036]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) and 285.11 (1) and (6), Stats., interpreting ss. 285.11 (6), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 440 and 446, Wis. Adm. Code, relating to the establishment of provisions for major electric generating units in Wisconsin to comply with the Clean Air Mercury Rule promulgated by the U.S. Environmental Protection Agency (EPA). The State Implementation Plan developed under s. 285.11 (6), Stats., is also being revised.

Proposed revisions to ch. NR 440 adopt the federal New Source Performance Standards (NSPS) for mercury emission controls at coal-fired electric utility steam generating units that are constructed or reconstructed after January 30, 2004. Proposed revisions to ch. NR 446 repeal certain existing provisions and create new provisions to require each utility with coal-fired electrical generating units affected by the federal Clean Air Mercury Rule to meet an annual mercury emission cap. There are currently 48 such units in Wisconsin, operated by eight utilities.

The Clean Air Mercury Rule is a federal regulation promulgated by the EPA to reduce mercury emissions from new and existing coal-fired electrical generating units through a declining cap on mercury emissions in two phases. An initial reduction phase begins in 2010 and a second phase starts in 2018. The mercury caps were established by EPA and are expressed as annual state emission budgets that will not increase even if there are new coal-fired electrical generating units put into operation in the state. Wisconsin's budget during the first phase (2010 to 2017) is 1,780 pounds of mercury per year that declines to 702 pounds of mercury per year in the second phase (2018 and thereafter). The rule revisions being proposed do not include provisions allowing participation in EPA's national mercury emission trading program developed as an option for states to meet their emission budgets.

In these revisions, mercury emission caps are established for each electric utility in Wisconsin that owns or operates a coal-fired electrical generating unit affected by the federal rule. Beginning January 1, 2010, and every year thereafter, owners and operators of affected units must hold enough mercury emission allowances to equal or exceed calendar mercury emissions from their affected units. Owners and operators will be required to maintain annual records of the mercury emissions and held mercury allowances. A compliance report for the previous year is required to be submitted to the Department annually by March 1st.

Mercury emission caps are established for each electric utility system by summing unit specific mercury allowance allocations from a main allocation pool (for existing affected units) and a new unit set-aside (for new affected units). For the purpose of allowance allocation, a unit is considered new if it commenced operation after January 1, 2001. From 2010 to 2017, 95% of the state phase 1 emission budget of 1,780 pounds would be allocated to existing units in ounces of mercury (27,056 ounces). After 2018, 95% of the 702 pound per hour state phase 2 emission budgets would be allocated to affected units (10,670 ounces). The portion of the state emission budget remaining would be placed in a new unit set-aside accessible by owners and operators by request. For 2010 through 2017 the new unit set-aside is 1,424 ounces (89 pounds) and beginning in 2018 and thereafter 562 ounces (35 pounds). The new unit set-aside is 5% of the total state emission budget.

Within 60 days of the effective date of this rule the Department will notify owners and operators of the annual mercury allowance allocation from the main allocation pool for each of their affected units for 2010, 2011 and 2012. Beginning in 2009 and thereafter written notifications by October 31st would be provided of the Department's determination of mercury allowance allocations from the main allocation pool for the year four years in the future. The new unit set-aside allocations are available upon request. Annually, written notifications of new unit set-aside allocations will be provided by June 30th for those requests received by May 1st. Any mercury allowances remaining in the new unit set-aside that are not allocated in a given year would be retired. Within 45 days of providing written notifications for allocations from the main allocation poll or new unit set-aside the Department would issue administrative orders to owners and operators receiving allocations.

These proposed revisions also include a provision that requires the Department to adopt rules by June 30, 2010, that would require all coal-fired electrical steam generating units affected by the CAMR to reduce their mercury emissions by 90% by January 1, 2020.

The above proposed provisions are hereinafter referred to as “Option 1." Option 1 is the Department's primary proposal and is the only alternative that has been fully developed with specific rule language.

NOTICE IS HEREBY FURTHER GIVEN that the Department is also seeking comment on three alternative approaches (hereinafter referred to as “Option 2," “Option 3," and “Option 4") for reducing mercury emissions from coal-fired electrical steam generating units. Additional information on these options is available at http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order Number AM-32-05.) The first alternative approach (“Option 2") would require all coal burning electrical generating units to achieve a 90 to 95% reduction in mercury emissions by January 1, 2012. This alternative was proposed to the Department in a Citizen Petition received on January 22, 2007, and requires more mercury emission reductions from coal-fired electrical steam generating units to be achieved sooner than proposed in AM-32-05. Another alternative approach (“Option 3") would allow the mercury emission reductions outlined in AM-32-05 to be achieved through EPA's national mercury emission trading program. Under this compliance approach, Wisconsin electric utilities could obtain or sell mercury allowances nationwide. A final alternative approach (Option 4") would allow participation in EPA's national mercury emission trading as in Option 3, however participation would sunset January 1, 2015.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a direct economic impact on small businesses. The Clean Air Mercury Rule imposes no reporting, compliance or performance standards on small businesses. The Clean Air Mercury Rule may increase the cost of electricity and therefore may have an indirect impact on small businesses through higher electricity costs. 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 public hearings will be held on:

Tuesday, May 15, 2007 at 1:30 p.m.

Green Bay State Office Building, Room 152-A

200 N. Jefferson St.

Green Bay, WI

Thursday, May 17, 2007 at 1:30 p.m.

Portage County Annex Building, Conference Room 2

1462 Strongs Avenue

Stevens Point, WI

Tuesday, May 22, 2007 at 1:30 p.m.

DNR Office Building, Front Conference Room

1300 W. Clairemont Ave.

Eau Claire, WI

Wednesday, May 23, 2007 at 1:30 p.m.

Room 041 (DPI's room in GEF III), 125 S. Webster St.

Madison, WI

Thursday, May 24, 2007 at 1:30 p.m.

DNR SER HQ, Room 141

2300 N. Martin Luther King Jr. Dr.

Milwaukee, WI

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 contact Robert Eckdale at [phone] or by e-mail at [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order Number AM-32-05.) If you do not have Internet access, a personal copy of proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale by calling [phone] or by writing him at Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.

Written comments on the proposed rule may also be submitted to Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail] no later than June 11, 2007. Written comments will have the same weight and effect as oral statements presented at the public hearings.

Notice of Hearing

Regulation and Licensing

[CR 07-031]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and subchapter VII of ch. 440, Stats., as created by 2005 Wisconsin Act 25, renumbered by 2005 Wisconsin Act 254, and amended by 2005 Wisconsin Act 407, and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs. RL 164, 161, 162, 163, 166, 167 and 168, relating to substance abuse professionals.

Hearing Date, Time and Location

Date:   May 22, 2007

Time:   9:15 A.M.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 1, 2007, to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing

Statutes interpreted: Section 440.88, Stats.

Statutory authority: Section 227.11 (2), Stats., and Subchapter VII of ch. 440, Stats., as created by 2005 Wisconsin Act 25, renumbered by 2005 Wisconsin Act 254, and amended by 2005 Wisconsin Act 407.

Explanation of agency authority: Subchapter VII of ch 440, Stats., was enacted on July 25, 2005. It was amended by Act 407 which was enacted on May 10, 2006. Under subch. VII of ch. 440, Stats., the Department of Regulation and Licensing is required to promulgate rules relating to the issuance and renewal of credentials, requirements for certification, supervised practice, scope of practice, education approval, grounds for discipline and professional liability insurance.

Related statute or rule: Wisconsin Administrative Code s. MPSW 1.09 which relates to certification of social workers, professional counselors and marriage and family therapists to treat substance use disorder patients as a specialty.

Wisconsin Administrative Code ch. HFS 75 which relates to the certification of substance use disorder treatment clinics and programs.

Plain language analysis: 2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective 2006. This proposed rule-making order creates rules relating to definitions, requirements for certification, supervised practice, scope of practice, education approval, and professional liability insurance for substance abuse professionals.

Chapter RL 160 is being created to include definitions of terms that are used in subch. VII of ch. 440, Stats., and in chs. RL 160 to 167. The proposed rules include definitions for “accredited," “assessment," “behavioral science field," “CEH," “clinical substance abuse counselor," “clinical supervision," “clinical supervisor,." “clinical supervisor-in-training," “comprehensive program," “core functions," “credential," “department," “DSM," “hour," “independent clinical supervisor," “intermediate clinical supervisor," “patient," “practice dimensions," “prevention," “prevention domains," “prevention specialist," “prevention specialist-in-training," “substance," “substance abuse counselor," “substance abuse counselor-in-training," “substance use disorder" and “transdisciplinary foundations."