Rule-Making Notices (Hearing Notices)

  Conveyance Safety Code Council

Kevin Kraemer   Building Contractors

Jesse Kaysen     Public Member

Kelvin Nord     Labor

Paul Rosenberg   Architectural Design or Elevator
    Consulting Profession

Andrew Zielke     Elevator Manufacturers

Larry Swaziek     Secretary of Commerce Designee

Dan Meneguin     Employee of Commerce/Inspection

Copy of Rules

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis

Types of small businesses that will be affected by the rules.

The proposed rules implement mandates imposed by 2005 Wisconsin Act 456. The department estimates that there are approximately 40 elevator contractors, 500 elevator mechanics and 500 apprentices/helpers that would be impacted by the legislation. The department believes the rules will not increase the effect on small business over that imposed by the Act.

Reporting, bookkeeping and other procedures required for compliance with the rules.

The rules do not create any new reporting or bookkeeping procedures.

Types of professional skills necessary for compliance with the rules.

The law mandates that no person may engage in the business of installing or servicing conveyances, such as elevators, escalators and platform lifts unless they are licensed by the department. To obtain a license an applicant must demonstrate knowledge and skill related the installation or servicing of conveyances through experience, training or examination.

Will the rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Fiscal Estimate

The department estimates that there are approximately 40 elevator contractors, 500 elevator mechanics and 500 apprentices/helpers that would be impacted by the legislation. The Department estimates the revenues generated by charging the licensing fees for elevator contractors and installers will be approximately $28,500 annually.

The increase in workload due to the new licensing requirements will be performed with existing staff.

Notice of Hearing

Natural Resources

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

[CR 07-088]

NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11 (1) and (2) (a) and 285.27 (4), Stats., interpreting s. 285.27 (2) and (4), Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 462.015, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters and potentially affecting small business. The proposed rule stays implementation of ch. NR 462.

The federal National Emission Standard for Hazardous Air Pollutants for industrial, commercial and institutional boilers and process heaters (Boiler MACT) was promulgated by the U.S. Environmental Protection Agency on September 13, 2004 with a compliance date set for September 13, 2007. On July 30, 2007, the D.C. Circuit Court of Appeals issued a mandate vacating the Boiler MACT. The compliance date for existing sources under the now vacated federal rule is no longer valid at the federal level. However, since the Department promulgated a similar standard in ch. NR 462 as required by s. 285.27 (2) (a), Stats., the Boiler MACT requirements remain in Wisconsin's rules.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 227.24, 285.11 (1) and (2) (a) and 285.27 (4), Stats., interpreting s. 285.27(2) and (4), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. AM-38-07(E) relating to national emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters and potentially affecting small business. This emergency order took effect on September 13, 2007. This order stayed the implementation of ch. NR 462.

Hearing Information

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

October 26, 2007   Room G09

Friday     GEF #2 Office Building

at 1:30 p.m.     101 South Webster Street

    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 Written Comments

Written comments on the emergency rule and the proposed rule may be submitted via U.S. mail to Mr. Roger Fritz, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until November 2, 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 hearing.

Copy of Rule

The emergency rule, 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-37-07.) If you do not have Internet access, a personal copy of the emergency rule, 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].

Initial Regulatory Flexibility Analysis

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:

Types of small businesses affected

Any small business which is a major source of hazardous air pollutants and has a solid fuel fired boiler or process heater.

Description of reporting and bookkeeping procedures required

Not applicable to the proposed stay in the implementation of the rule.

Description of professional skills required

An environmental scientist or environmental engineer with knowledge of organic hazardous air pollutant emissions, halogenated solvent cleaning operations, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with ch. NR 462.

Environmental Analysis

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.

Fiscal Estimate

This proposal requires no action by local units of government, and the Department assumes there will be no fiscal impact on local government.

The Department also assumes that staying the implementation of Ch. NR 462 will have no state fiscal effect. However, section 112(j) of the federal Clean Air Act (42 U.S.C. 7412(j)(2)) may apply to the Boiler Maximum Achievable Control Technology (MACT) vacatur. Section 112(j)(2) requires requires permitting authorities to issue case-by-case MACT determinations when the US EPA has failed to promulgate a MACT for an identified source category such as boilers. However, there is no available guidance from US EPA on the implementation of s. 112(j) for sources previously affected by the federal boiler MACT, and as a result it is currently unclear whether the Department will perform these reviews. If the Department were required to perform the case-by-case reviews, it might do so for up to 59 facilities. The Department assumes that each s. 112(j) determination would take approximately 40 hours for the permit review. If the Department were in fact required to perform the case-by-case review, the additional workload would be absorbed in the agency's budget by redirecting existing staff.

Staying implementation of ch. NR 462 would have no direct adverse fiscal impact on the private sector. Without ch. NR 462 as the DNR determination under s. 112(j), affected facilities would need to prepare and submit a permit application. Because s. 112(j) is an existing federal requirement, the Department's proposed action does not impose additional costs on the private sector.