Rule-Making Notices (Hearing Notices)

3. Clarifies and expands what equipment must be drained of water after removal from waters within the Great Lakes and Mississippi River drainages.

4. Expands the emergency measures to ban the use of potentially infected fish, fish by-products and fish meal as bait in crayfish traps.

5. Clarifies limitations on use of imported live bait by permitting the use of imported live bait from Minnesota or Iowa on the Mississippi River and allowing minnows that die during a fishing trip to be considered live bait for purposes of these rules.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

June 11, 2007   Auditorium, Logan High School
Monday   1500 Ranger Drive
at 5:00 p.m.   La Crosse

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.

Submission of Comments and Copy of Rule

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 June 15, 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

(Air Pollution Control, Chs. NR 400—)

[CR 07-045]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), 285.27 (2) (a) and 227.14 (1m) (a), Stats., interpreting ss. 285.11 (6), 285.27 (2) (a) and 227.14 (1m) (a), Stats., the Department of Natural Resources will hold a public hearing on amendments to ch. NR 484 and the creation of NR 460, Appendix JJJJ and ch. NR 465, subch. III, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for paper and other web surface coating processes. The U.S. EPA promulgated the national emission standards for hazardous air pollutants (NESHAP) for the surface coating of paper and other web on December 4, 2002. Section 285.27 (2) (a), Stats., requires the Department to promulgate NESHAP into the administrative code.

The proposed rule will regulate the emissions of hazardous air pollutants from facilities which are major sources of federal HAPs and which conduct surface coating of paper and other web (affected sources). These include facilities which manufacture the following products: pressure-sensitive tapes and labels, flexible vinyl, photographic film, decorative and industrial laminates, abrasive products and specialty papers. The rule specifies emission limits for organic HAP and operating limits for emission control devices.

Existing affected sources had until December 5, 2005 to achieve compliance. Thus all existing sources must be in compliance by now. New or reconstructed affected sources must achieve compliance “immediately upon start-up". Sources have until their final compliance date to reduce HAP emissions below the major source level and thereby avoid the rule. Sources may also become a synthetic minor HAP source to avoid the rule by obtaining the complying with a federally enforceable permit that restricts HAP emissions prior to the final compliance date.

The proposed rule is identical to the federal NESHAP, except for punctuation, capitalization, numbering, and non-substantive wording and organizational changes made to accommodate state rule form and style requirements and, in some cases, to improve clarity.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any small business which is a major source of HAP emission and which operates one or more web coating lines will be affected by the rule.

b. Description of reporting and bookkeeping procedures required: All affected sources must submit initial notifications, notification of compliance status, and semiannual compliance reports. All affected sources must develop a startup, shutdown and malfunction (SSM) plan. All affected sources must keep all records and documentation relevant to compliance with the rule, including copies of all notifications and reports submitted, performance test results, monitoring data and SSM plans.

c. Description of professional skills required: An environmental scientist or environmental engineer with knowledge of organic HAP emissions, web coating operations, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with the proposed rule.

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:

June 12, 2007     Room 511, GEF #2
Tuesday     101 South Webster Street
at 3:00 p.m.     Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call 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.

Submission of Comments and Copy of Rule

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 No. AM-08-07. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until June 29, 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Notice of Hearing

Public Service Commission

[CR 07-044]

NOTICE IS GIVEN That the Public Service Commission of Wisconsin proposes an order to revise chs. PSC 111 and 112, Wis. Adm. Code, relating to information to be included in an electric utility construction application, as a result of 2003 Wisconsin Act 89. Pursuant to s. 227.16 (2) (b), Stats., the Commission will hold a public hearing in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Thursday, June 21, 2007 at 9:30 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Analysis Prepared by Public Service Commission

Statutory authority: ss. 196.02 (3), 196.025, 196.491 and 227.11 (2), Stats.

Statute interpreted: s. 196.491, Stats.

A. Objective of the Rule

This rulemaking docket has been initiated to allow the Commission to revise provisions in Chapters PSC 111 and 112 as a result of statutory changes enacted in 2003 Wisconsin Act 89. Act 89 revised statutory provisions relating to utility construction projects and agency review of the applications for authority to proceed with utility construction projects.

B. Analysis of the Proposed Revisions

Act 89 directs the Commission to promulgate rules to specify information to be included in an application to construct a high-voltage transmission line that may be eligible for expedited review by the Commission. Act 89 also creates new priorities for siting electric transmission lines, and requires utilities to consider using brownfield sites to the extent practicable. Additionally, this rulemaking considers other revisions to rules relating to the application process to reflect Act 89 provisions. These revisions include information needed to conduct a joint environmental review with the Department of Natural Resources, various construction related terminology, allowing utilities to begin urgently necessary work in case of emergency, and the provision of complete construction applications to area clerks and libraries.

C. Comparison with Federal Regulations

The Commission is not aware of any federal regulations in this area.

D. Comparison with Similar Rules in Adjacent States.

Existing statutes require that, within ten days of an applicant filing an application for a project that requires a Certificate of Public Convenience and Necessity, the Commission send a copy of the application to the clerk in each municipality and town in which the proposed facility is located and to the main library in such county. The proposed rule change would specify that this mailing be done after the application is determined to be complete, in order to avoid sending multiple versions of the application or multiple supplements to the application. The state of Ohio also requires that applications for new transmission lines or generation facilities be sent to local officials and libraries in the affected area after the application is determined, by the Ohio Power Siting Board, to be complete and ready for review.

Wisconsin Act 89 included a requirement for a pre-application consultation between the applicants and Public Service Commission and Wisconsin Department of Natural Resources staff before filing applications under Wis. Stat. §§ 196.49 and 196.491. One of the proposed rule changes acknowledges this requirement and provides guidance to the applicant about the scope of this consultation. Ohio's administrative rules also describe pre-application consultations between the applicants and the regulatory agencies.

Similar to some surrounding states (Minnesota, Iowa, Ohio), the current rules regarding applications for high-voltage transmission lines or large generating facilities state that applicants must file complete information for at least two proposed sites or routes. The Commission is proposing a rule change that would allow applicants, under certain circumstances, to submit fully developed information for only one site if the proposed generating project involves: modifying, rebuilding, replacing, or repowering an existing facility; using an existing brownfield site; or constructing a cogeneration facility located at the steam host's existing industrial plant. Also, Wisconsin Act 89 also provides for an expedited review process for electric transmission projects that involve adding conductors to existing structures if all related construction activity takes place within an existing transmission line right-of-way. The proposed rule changes describe the application information needed for an expedited review and limit the information requirements for filing to the proposed route the applicants plan to use. In Iowa, application requirements can be waived if it is determined that the public interest would not be adversely affected by a proposed project and in Ohio the requirement for fully developed information for an alternative site or route can be waived for good cause.

Wisconsin Act 89 established priority corridors that must be considered in routing new high-voltage transmission lines and specified that brownfield sites must be used to the extent practicable for new electric generating facilities. The Commission's proposed rule change would require that project applications must explain how applicants considered the siting priorities for new high-voltage transmission lines and brownfield sites for large generation facilities. The state of Iowa also has designated “priority corridors" for siting high-voltage transmission lines and requires project applicants that submit proposals that deviate from these corridors to provide an explanation of why use of the corridors is not practicable or reasonable.

The current rule for applications filed under Wis. Stat. s. 196.49 contains a definition for the term “begin construction." Wis. Stat. s. 196.491 contains a slightly different definition for the term “commencement of construction." The proposed rules use the same definition for “begin construction" and “commencement of construction." This definition, which allows surveying or collection of geological data to ascertain foundation conditions or site suitability prior to project authorization, is similar to definitions for this term found in the rules of adjacent states, including Minnesota, Iowa, Michigan, and Ohio.

A proposed addition in s. PSC 112.075, Wis. Adm. Code, related to emergency work was requested by Wisconsin utilities to allow necessary work in a speedy manner when an emergency situation occurs. Without such a provision a utility would, strictly speaking, be in violation of rule if it responded to an emergency without going through the procedures outlined in the rule. A similar rule applies to Wisconsin natural gas and water utilities. The notification requirement would ensure that this process was applied only in true emergencies. Finally, a requirement for Public Service Commission notification about new construction staging areas and access roads not described in a project application was added to chs. PSC 111 and 112, Wis. Adm. Code. This requirement provides clear direction to utilities during project construction and reduces the potential for adverse environmental impact. Language pertaining to the two topics, emergency work or establishment of construction staging areas, was not found in reviewing utility-related statutes or rules in surrounding states although the Commission is aware that California has an emergency work provision.

Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Friday, July 6, 2007 at noon (Thursday, July 5, 2007 at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-216. File by one mode only.

Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website, http://psc.wi.gov.

Members of the Public:

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website (psc.wi.gov).

If filing by mail, courier, or hand delivery: Address comments to Sandra J. Paske, Secretary to the Commission, Public Service Commission, P.O. Box 7854, Madison, WI 53707-7854, FAX [phone].

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-216, and the number of pages (limited to 25 pages for fax comments).

Contact Person

Questions regarding this matter should be directed to Terri Kosobucki, Docket Coordinator at [phone] or [e-mail]. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at [phone]. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin [phone], if calling from outside Wisconsin [phone].

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact the Docket Coordinator, as indicated in the previous paragraph, as soon as possible.

Copy of Rule

A copy of this entire notice including the text of the proposed rule may be accessed from the electronic regulatory filing portion of the Commission's website (psc.wi.gov).

Initial Regulatory Flexibility Analysis

This rulemaking does not affect small businesses.

Fiscal Estimate

This rulemaking will no have any fiscal effect and will not have a significant effect on the private sector.

Notice of Hearing

Workforce Development

(Workforce Solutions, Chs. DWD 11—)

[CR 07-046]

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.155 and 227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to child care enrollment underutilization and affecting small businesses.

Hearing Information

June 20, 2007	MADISON
Wednesday	G.E.F. 1 Building, A415
1:30 p.m.	201 E. Washington Avenue

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority: Sections 49.155 and 227.11 (2) (a), Stats.

Statutes interpreted: Section 49.155, Stats.

Related statutes or rules: Section 48.65, Stats., and Chs. HFS 45, 46, and 55; Section 48.651, Stats., and Ch. DWD 55

Explanation of agency authority. The Department administers the child care subsidy program under s. 49.155, Stats., and reimburses child care providers for services provided pursuant to s. 49.155 (3m), Stats.

Summary of the rule. The current s. DWD 56.04 (2) (d) provides that a child care administrative agency shall authorize payment to licensed group and family day care centers based on authorized units of service except as follows:

•   The agency may authorize payment to licensed providers based on units of service used by each child up to the maximum number of authorized units, with the reimbursement rate increased by 10% to account for absent days, if the schedule of child care to be used is expected to vary widely.

•   The agency may authorize payment to licensed providers based on units of service used by each child, up to the maximum number of authorized units, if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.

The current methodology for authorizing payment to licensed providers has caused the child care subsidy program to pay for significant amounts of time when care is not actually being provided. This rule attempts to control costs by reducing payments to licensed child care providers for authorized child care services that are significantly underused. The rule will repeal the presumption of enrollment authorization for licensed providers and provides that a local child care administrative agency shall authorize on either an enrollment or attendance basis as follows:

•   The agency shall authorize the number of hours needed on an enrollment basis if the need for care is anticipated to be approximately the same number of hours each week.

•   The agency shall authorize payment based on the hours of actual attendance by each child if the need for care is anticipated to vary from week to week or if the child has a history of variable attendance.

•   The agency may authorize payment on the hours of actual attendance if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.

For any week in which a child whose authorized payments are on an enrollment basis attends less than 50% of the of the authorized hours of care, payment shall be made on the basis of actual hours of attendance used, unless the agency determines that the absence is for a reason approved by the Department, such as short-term illness of the child or death in the family. This policy does not apply to a child with a special needs authorization.

Payment to certified providers is based on a child's attendance and remains unchanged in this rule.

In addition the rule increases the penalties for a provider who submits false or inaccurate attendance reports. The current s. DWD 56.04 (5) (c) allows for the child care administrative agency to refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months, revoke existing child care authorizations to the provider, or refuse to issue payment to the provider until the violation is corrected. This rule provides additional penalties in the following situations:

• If it is the provider's second documented instance of submitting an inaccurate attendance report or the inaccurate report resulted in or would have resulted in an overpayment of $1000 or more, the agency may refuse to issue new child care authorizations to a provider for a period of time not to exceed 1 year.

• If it is the provider's third or subsequent documented instance of submitting an inaccurate attendance report or the inaccurate report resulted in or would have resulted in an overpayment of $5000 or more, the agency may refuse to issue new child care authorizations to a provider for a period of time not to exceed 5 years.

Summary of factual data and analytical methodologies. By paying the hourly rate for actual attendance to child care providers when attendance is under 50% of the authorized level for the child care subsidy program, the Department will avoid paying for significant amounts of time where care is not actually being provided. By comparing the amount currently paid for enrollment authorizations against the amount that would be paid if underutilized authorizations of 50% or less are paid for actual hours of care, it is estimated that the Department will realize $20,387,000 in annual savings in federal block grant funds.