Scope Statements
Commerce
Subject
Relating to grants for rehabilitation and recycling of manufactured housing.
Description of the objective of the rule.
These rules would establish a grant program for rehabilitation and recycling of manufactured housing, as directed by SECTION
75 of
2005 Wisconsin Act 45.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives.
The Department does not have any existing policies for grants for rehabilitation and recycling of manufactured housing.
These rules are expected to address (1) contracting with one or more entities which are exempt from taxation under section
501 (a) of the Internal Revenue Code and which employ individuals with technical expertise concerning manufactured housing, for the administration of the grant program; (2) awarding grants to persons engaged in the disposal of abandoned manufactured homes and to municipalities, for the purpose of supporting environmentally sound disposal practices; (3) awarding grants to individuals who reside in manufactured homes that are in need of critical repairs, and who are otherwise unable to finance the critical repairs; (4) coordinating this grant program with the state housing strategy plan under section
560.9802 of the Statutes; and (5) any other administrative features that are needed to effectively implement and manage the grant program.
The only policy alternative would be to not promulgate the rules, which would conflict with the directive in
2005 Act 45.
Statutory authority for the rule.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 100 to 300 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Description of all of the entities that will be affected by the rule.
These rules may affect entities that desire financial assistance for rehabilitation or recycling of manufactured housing, and entities that may be interested in administering this grant program.
Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
An Internet-based search for “grants for manufactured housing" in the
Code of Federal Regulations revealed regulations for rental rehabilitation grants in
24 CFR 511. These grants can be used for rehabilitation of manufactured rental housing units that are on a permanent foundation, have permanent utility hook-ups, are designed for use as a permanent residence, and meet the Section 8 housing quality standards for manufactured homes in
24 CFR 882.109 (o). No other existing federal regulations for grant programs for rehabilitation or recycling of manufactured housing were revealed.
An Internet-based search for “grants for manufactured housing" in the 2006 and 2007 volumes of the Federal Register did not identify any proposed federal regulation that addresses rehabilitation or recycling of manufactured housing.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
This rule amendment affects the internship requirements as provided in Wis. Admin. Code s.
MPSW 3.13 (3) (a). It also affects the application requirements for clinical social work licensure specifically related to obtaining 3,000 hours of supervised clinical social work practice as provided in s.
MPSW 3.09 (3).
Policy Issues
Objective of the Rule
Section
MPSW 3.13 (3) (a) specifies that a person preparing to qualify for degree equivalency in social work with an internship must either submit an internship which was part of his or her degree program or one that was completed while holding the training certificate. Currently, this provision does not require that the internship be affiliated with a college or university. This amendment would clarify that the human services internship was either completed as a part of a person's degree program or will be completed through an educational institution. In order to provide a meaningful internship, the Social Worker Section believes that educational institutions will appropriately place and supervise students to ensure that they undergo a legitimate social work training in preparation for obtaining their credential.
Section
MPSW 3.09 (3) specifies that a person applying for clinical social work licensure must submit evidence of 3,000 hours of supervised clinical social work practice completed after receiving certification as an advanced practice social worker or independent social worker. Because the rules require that applicants must have achieved their 3,000 hours of supervised practice while holding a Wisconsin credential, the Section may not consider the supervised hours of those applicants who obtained them out-of-state and without a Wisconsin credential. The Section has determined that due to increased mobility, the rules should be amended to give the Section increased flexibility in considering clinical hours gained out-of-state if those hours are substantially equivalent to the clinical social work practice hours gained in state.
Statutory Authority
Existing or Proposed Federal Legislation
None.
Entities Affected by the Rule
Those applicants applying for certification through social worker degree equivalency. Applicants who have gained their supervised clinical social work experience out-of-state who apply for Wisconsin clinical social work licensure through examination.
Estimate of Time Needed to Develop the Rule
120 hours
Natural Resources
Subject
Relating to Revisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent Cleaning Operations and Revisions to the NESHAP General Provisions
Objective of the Proposed Rule
This action will amend chs.
NR 460 and
469 to incorporate federal amendments to the national emission standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaning operations and the NESHAP general provisions into the Wisconsin Administrative Code. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Relevant Existing and New Policies and Analysis of Policy Alternatives
The USEPA published amendments to the NESHAP general provisions on April 20, 2006 (71 FR 20446) and on May 16, 2007 (72 FR 27437) and amendments to the NESHAP for halogenated solvent cleaning operations on May 3, 2007 (72 FR 25138). The proposed rules will incorporate all of these federal amendments into the Wisconsin Administrative Code. Since the amended regulations are already in effect at the national level, there are no policy issues to be resolved.
Section
285.27 (2), Stats.
, requires the Department to promulgate NESHAP by rule.
Statutory Authority
Estimate of Time Needed to Develop the Rule
About 200 hours of Department staff time will be needed to amend these rules.
Description of All Entities Affected by the Rule
The amendments to the halogenated solvent cleaning rule (NR 469) could affect up to 42 facilities in Wisconsin. The amendments to the general provisions (NR 460) could affect hundreds of facilities statewide which are major sources of hazardous air pollutants. Both sets of amendments are designed to make compliance easier for affected facilities.
Summary and Preliminary Comparison With Existing or Proposed Federal Regulations
The federal amendments have already been incorporated into the federal rules. This action will incorporate the federal amendments into the state rules, which will make the state rules identical to the federal rules except for minor changes to the federal language to accommodate state administrative rule language requirements and to improve clarity.
Contact Person
Eric Mosher
Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison, WI 53707
Phone: 608-266-3010
Natural Resources
Subject
Relating to chs.
NR 809 and
811 and creating ch.
NR 810 Federal groundwater rule affecting public drinking water systems.
Subject/Objective of the Proposed Rule
On November 8, 2006 the Environmental Protection Agency (EPA) published the Groundwater Rule (GWR); these changes impact all public drinking water systems (PWS) using groundwater as their water source. The rule addresses risks associated with viruses in drinking water systems that are supplied by groundwater. The rule's approach relies on four major components:
1. Sanitary surveys (inspections) of ground water systems that include the evaluation of eight required elements and the identification of significant deficiencies.
2. Source water monitoring to test for the presence of a fecal contamination indicator in the sample. There are two monitoring provisions:
• Triggered monitoring for water systems that have a total coliform-positive routine distribution system sample under Total Coliform Rule sampling and do not have treatment that provides at least 99.99 percent (4-log) inactivation or removal of viruses.
• Assessment monitoring - States have the option to require water systems, at any time, to conduct source water assessment monitoring to help identify high risk water systems.
3. Corrective actions for any water system with a significant deficiency or source water fecal contamination indicator. The water system must implement one or more of the following actions:
• correct all significant deficiencies,
• eliminate the source of contamination,
• provide an alternate source of water, or
• provide treatment which reliably achieves 99.99 percent (4-log) inactivation or removal of viruses.
4. Compliance monitoring to ensure that any treatment technology installed to treat drinking water reliably achieves at least 99.99 percent (4-log) inactivation or removal of viruses.
The GWR will require the addition of water treatment design, construction, and operation to ch.
NR 811-
Requirements for the Operation and Design of Community Water.
These updates will include the standards needed to approve treatment system design and construction for community water systems to provide 4-log inactivation or removal of viruses for public water systems using groundwater as their water source. The applicability of treatment and operational requirements under the GWR is required of all public water systems, including non-community public water systems; requiring that either an additional administrative code be written to deal with the operational and treatment monitoring requirements for non-community systems or that operation and monitoring of all treatment systems be split out in to a separate administrative code and cover all PWS.
Description of Policy Issues/Analysis of Policy Alternatives
To maintain primacy, Wisconsin must adopt all federal requirements under the Safe Drinking Water Act (SDWA) or have requirements that are equal to or more stringent then the SDWA. The EPA has provided the states with a choice of which fecal indicator can be used for compliance monitoring under the GWR (chosen from the following: E. coli, enterococci, or coliphage). The GWR provides the states with the option of requiring additional source water monitoring or targeting high risk systems for additional source water monitoring. Additionally, the treatment criteria for providing 4 log inactivation/removal of viruses are to be established by the states, with help provided by EPA in the form of guidance manuals.
In order to encompass operation and monitoring of treatment processes required under the GWR, for all public water systems, the Department proposes to restructure chs.
NR 809 and
NR 811 and create ch.
NR 810.
• Ch.
NR 809 - would be restructured to include only compliance monitoring requirements of the SDWA.
• Ch.
NR 811- would be restructured to include only design and construction requirements for community water systems.
• Ch.
NR 810 would be created to include the requirements for the operation and maintenance of all public water systems including the daily operation of water production, treatment and distribution.
Restructuring of the administrative codes will also allow corrections and updates that need to be added to ch.
NR 811. By creating separate administrative codes for design/construction of community water systems and operation/maintenance of all public water systems the requirements will be less cumbersome and more straightforward to use.
The Department proposes to conduct a meeting for stakeholders to discuss the various options available for both the GWR and administrative code restructuring. Small work groups will be formed on issues identified at the stakeholder meeting as needing input.
Statutory Authority
Sections
280.11 and
281.17(8) Stats and the Department's primacy agreement with EPA require the Department to adopt rules at least as stringent as the federal regulations.
