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
Small.Business@wi.gov or by calling (608) 266-1959.
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 (608) 266-2856 or by e-mail at
Robert.Eckdale@Wisconsin.gov 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 (608) 266-2856 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
Robert.Eckdale@Wisconsin.gov 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
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.
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."
Chapter
RL 161 is being created to identify the requirements and procedures for submitting applications for licenses.
Chapter
RL 162 is being created to identify the restrictions and minimum requirements for supervision of counselors by clinical supervisors.
Chapter
163 is being created to identify the scope and restrictions on the practice of the credential holders.
Chapter
RL 166 is being created to identify the approval process and educational requirements for educational coursework and continuing education opportunities.
Chapter
RL 167 is being created to require credential holders to have liability insurance in effect.
Chapter
RL 168 is being created to identify the requirements for continuing education.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Comparison with rules in adjacent states:
Illinois: § 20 ILCS 301/15-5. Applicability. (a) It is unlawful for any person to provide treatment for alcoholism and other drug abuse or dependency or to provide services as specified in subsections (c), (d), (e), and (f) of Section 15-10 of this Act [20 ILCS 301/15-10] unless the person is licensed to do so by the Department. The performance of these activities by any person in violation of this Act is declared to be inimical to the public health and welfare, and to be a public nuisance. The Department may undertake such inspections and investigations as it deems appropriate to determine whether licensable activities are being conducted without the requisite license.
(b) Nothing in this Act shall be construed to require any hospital, as defined by the Hospital Licensing Act [210 ILCS 85/1 et seq.], required to have a license from the Department of Public Health pursuant to the Hospital Licensing Act [210 ILCS 85/1 et seq.] to obtain any license under this Act for any alcoholism and other drug dependency treatment services operated on the licensed premises of the hospital, and operated by the hospital or its designated agent, provided that such services are covered within the scope of the Hospital Licensing Act [210 ILCS 85/1 et seq.]. No person or facility required to be licensed under this Act shall be required to obtain a license pursuant to the Hospital Licensing Act [210 ILCS 85/1 et seq.] or the Child Care Act of 1969 [225 ILCS 10/1 et seq.].
(c) Nothing in this Act shall be construed to require an individual employee of a licensed program to be licensed under this Act.
(d) Nothing in this Act shall be construed to require any private professional practice, whether by an individual practitioner, by a partnership, or by a duly incorporated professional service corporation, that provides outpatient treatment for alcoholism and other drug abuse to be licensed under this Act, provided that the treatment is rendered personally by the professional in his own name and the professional is authorized by individual professional licensure or registration from the Department of Professional Regulation to do such treatment unsupervised. This exemption shall not apply to such private professional practice which specializes primarily or exclusively in the treatment of alcoholism and other drug abuse. This exemption shall also not apply to intervention services, research, or residential treatment services as defined in this Act or by rule. Notwithstanding any other provisions of this subsection to the contrary, persons licensed to practice medicine in all of its branches in Illinois shall not require licensure under this Act unless their private professional practice specializes exclusively in the treatment of alcoholism and other drug abuse.
(e) Nothing in this Act shall be construed to require any employee assistance program operated by an employer or any intervener program operated by a professional association to obtain any license pursuant to this Act to perform services that do not constitute licensable treatment or intervention as defined in this Act
(f) Before any violation of this Act is reported by the Department or any of its agents to any State's Attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Department or its designated agent, either orally or in writing, in person or by an attorney, with regard to such contemplated proceeding. Nothing in this Act shall be construed as requiring the Department to report minor violations of this Act whenever the Department believes that the public interest would be adequately served by a suitable written notice or warning.
77 Ill. Adm. Code 2060.201 Types of Licenses. Substance abuse treatment and intervention services as specified in Section 2060.101 of this Part shall be licensed by the Department. An organization may apply for an intervention and a treatment license at the same facility and all services authorized by both an intervention and a treatment license shall be authorized by a single license issued to that facility. Consistent with rules herein, services may be provided to adults as well as adolescents. The license certificate for the facility shall specify all levels of care and a designation of adult and/or adolescent services. Individuals who are 16 and 17 may be admitted as adults and individuals who are 18, 19 and 20 may be admitted as adolescents provided that the assessment of such individuals includes justification based on the person's behavior and life experience.
a) Treatment. A treatment license issued by the Department may authorize substance abuse services as established in the ASAM Patient Placement Criteria. The level of care and category (adolescent/adult) shall be specified on the license application or, after licensure, on any application to add an additional level of care and/or category (adolescent/adult).
b) Intervention. An intervention license issued by the Department may authorize the following services:
1) DUI Evaluation. Substance abuse evaluation services for persons who are charged with driving under the influence (DUI) offenses pursuant to the Illinois Vehicle Code [625 ILCS 5/11-501] or similar local ordinances that determine the offender's risk to public safety and make a subsequent corresponding recommendation for intervention to the Illinois courts or the Office of the Secretary of State.
2) DUI Risk Education. Substance abuse risk education services for persons who are charged with driving under the influence (DUI) offenses pursuant to the Illinois Vehicle Code [625 ILCS 5/11-501] or similar local ordinances.
3) Designated Program. A program designated by the Department to provide screening, assessment, referral and tracking services pursuant to Article 40 of the Act.
4) Recovery Homes. Alcohol and drug free housing with rules, peer-led groups, staff activities and/or other structured operations which are directed toward maintenance of sobriety for persons in early recovery from substance abuse or persons who have completed substance abuse treatment services or who may still be receiving such treatment at another licensed facility.
77 Ill. Adm. Code 2060.205 Unlicensed Practice. (a) Whenever the Department determines that an unlicensed organization or person is engaging in activities that require licensure, pursuant to the specifications in Section 2060.101 of this Part, it shall issue an order to that organization or person to cease and desist from engaging in the activity. The order shall specify the particular services that require licensure, and shall include citation of relevant Sections of the Act and this Part.
(b) The Department's order shall be accompanied by a notice that instructs the recipient that written documentation may be submitted to the Department within 10 calendar days to support a claim that licensure is not required, or that the recipient is properly authorized to conduct the services.
(c) After the expiration of the 10 day period, if the Department believes that the organization or unlicensed person is continuing to provide services that require licensure, the matter shall be referred to the appropriate State's Attorney or to the Office of the Attorney General for prosecution.
77 Ill. Adm. Code s. 2060.221 Change of Ownership/Management. a) Each license issued by the Department shall be valid only for the premises and persons named in the application. Licensure is not transferable. A license shall become null and void when:
1) a change in ownership involving more than 25% of the aggregate ownership interest within a one year period or a significant change in management; or
2) a change of 50% or more in the board of directors of a not-for-profit corporation within a one year period.
b) In order to obtain a new license reflective of the change in ownership the licensee shall submit to the Department:
1) written notification at least ten calendar days prior to any of the above referenced changes in ownership; and
