Natural Resources
(Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
285.11 (1) and
(16), Stats., interpreting ss.
227.11 (2) (a),
227.14 (1m) (b),
285.11 (1) and
(16), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 405,
407,
408 and
484, Wis. Adm. Code, relating to major source definition and affecting small business. The State Implementation Plan developed under s.
285.11 (6), Stats., is revised.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
December 18, 2007 Conference Room 124A and B
Tuesday State Office Building
at 1:00 p.m. 1681 Second Avenue South
Wisconsin Rapids
December 19, 2007 Room 413
Wednesday GEF #2 State Office Building
at 1:00 p.m. 101 S. 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 (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.
Copy of Rule and Submission of Written Comments
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-34-07. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Paul Yeung, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Paul.Yeung@wisconsin.gov. Comments may be submitted until December 21, 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 (608) 266-2856.
Analysis Prepared by Department of Natural Resources
The proposed rules will amend the definition of “major stationary source" in s.
NR 405.02 (22) (a), such that ethanol production facilities that produce ethanol by natural fermentation are not included in the Chemical Processing Plant category of the North American Industry Classification System. The other changes are to ss.
NR 405.07 (4) (a) 20.,
407.02 (4) (b) and
408.02 (21) (e), which will state that fugitive emissions from these ethanol production facilities will no longer be included in determining whether a facility is considered a major source. This rule package is initiated because of similar federal rule changes published May 1, 2007.
In addition, a federal rule clarifying two elements of the major source permitting program was promulgated on January 6, 2004. The first is the additional of a definition of replacement unit and the second clarifies a component of the emission calculation used when determining emissions under a plantwide applicability limitation (PAL). U.S. EPA has required permitting agencies to add these elements during the next reopening of the permit program regulations.
Initial Regulatory Flexibility Analysis
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
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Fiscal Estimate
The proposed changes are being done so that the Department's regulations are updated to reflect the current federal regulations. These are definition changes with no fiscal impact.
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.
Notice of Hearing
Natural Resources
(Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
227.14 (1m) (a),
285.11 (1) and
285.27 (2) (a), Stats., interpreting ss.
285.11 (6) and
285.27 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 460 and
469, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaners and the NESHAP general provisions. The U.S. Environmental Protection Agency published amendments to the NESHAP general provisions and to the NESHAP for halogenated solvent cleaning operations. Section
285.27 (2) (a), Stats., requires the Department to promulgate NESHAP into the administrative code. The amendments to the general provisions revise the language relating to startup, shutdown and malfunction plans and add force majeure as a reason for being unable to meet a performance test deadline. The amendments to the halogenated solvent cleaning rule add control requirements for continuous web cleaning machines, add a facility-wide standard and exempt small sources from the requirement to obtain an operating permit.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
January 8, 2008 Room 511
Tuesday GEF #2 State Office Building
at 11:30 a.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 (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.
Copy of Rule and Submission of Written Comments
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-31-07). Written comments on 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
Roger.Fritz@wisconsin.gov. Comments may be submitted until January 11, 2008 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 (608) 266-2856.
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 pollutant emissions, especially the ones which operate one or more continuous web cleaning machines.
Description of reporting and bookkeeping procedures required
The proposed amendments to the halogenated solvent cleaning rule add new recordkeeping requirements for continuous web cleaning machines and the proposed general provision amendments reduce the reporting requirements for startup and shutdown episodes. Neither set of amendments adds new reporting, bookkeeping or other procedural requirements in the existing rules.
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 the proposed rule.
Small business regulatory coordinator
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
There will be no fiscal impact on state or local government.
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that, pursuant to s.
227.11 (2), Stats., and interpreting ss.
71.04 (4) and
71.25 (6), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of rules relating to
the computation of the apportionment fraction by multistate professional sports clubs.
Hearing Information
The hearing will be held at 9:00 A.M. on Monday, December 10, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Submission of Written Comments
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than December 17, 2007, and will be given the same consideration as testimony presented at the hearing.
Contact Person
Small Businesses:
Julie Raes
Department of Revenue
Mail Stop 6-73
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Others:
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Analysis Prepared by the Department of Revenue
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., provides that each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute(s) or rule(s)
