Rule-Making Notices
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.11 (2) (a) and
285.11 (1) and
(6), Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapters
NR 419 and
484, Wis. Adm. Code, relating to VOC emission controls for industrial wastewater collection and treatment operations.
Hearing Information
December 5, 2008 Rooms 140-141
Friday DNR Southeast Region Hdqrs.
at 1:00 p.m. 2300 N. Dr. Martin Luther King Jr.
Drive
Milwaukee
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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
The hearing will be held in conjunction with the hearing for Natural Resources Board Order No. AM-19-08,
CR 08-102, relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone non-attainment counties and Natural Resources Board Order No. AM-20-08,
CR 08-103, relating to the modification of existing rules for control of nitrogen oxide (NOx) emitted by stationary sources in the ozone nonattainment area in southeastern Wisconsin. The order in which the proposals will be considered will be decided at the time of hearing.
Copies of Proposed Rules 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-19-08. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Adamski, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
William.Adamski@wisconsin.gov. Comments may be submitted until December 10, 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.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
The State Implementation Plan developed under s.
285.11 (6), Stats., is revised. The Department proposes these rules to meet the requirements of Section 182(b)(2) of the federal Clean Air Act.
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compounds (VOC) emissions in moderate and worse ozone nonattainment areas, for which EPA has published a Control Technology Guideline (CTG). The DNR has promulgated rules for VOC RACT emission limits in Wisconsin's moderate ozone nonattainment areas.
However, on March 17, 2008, EPA notified DNR that Wisconsin's state implementation plan was deficient because DNR rules did not establish VOC RACT emission limits consistent with recently published CTGs in Wisconsin's ozone nonattainment areas. One of the identified VOC CTG emission source categories for which the DNR has yet to establish RACT limits is industrial wastewater collection and treatment (IWCT) operations. The rule is necessary to avoid potential federal sanctions.
Comparison with federal regulations
The rule will modify the DNR's ozone state implementation plan to meet the requirements of the federal Clean Air Act and to clarify other state requirements.
Comparison with rules in adjacent states
The proposed rule is based on requirements established in the federal Clean Air Act. Any of the adjacent states which have ozone nonattainment areas are also charged with meeting these same requirements.
Summary of factual data and analytical methodologies
In a March 17, 2008 letter to the DNR, the US EPA outlined why Wisconsin's state implementation plan (SIP) for ozone was being declared deficient with respect to meeting requirements of the Federal Clean Air Act. These reasons included a failure to promulgate an administrative rule to require that VOC emissions from industrial wastewater collection and treatment operations be subject to reasonably available control technology (RACT) in Wisconsin's ozone nonattainment areas. In the same March 17 letter the US EPA notified the DNR that Wisconsin might be subject to federal sanctions if these deficiencies are not fully remedied by September 2009.
Analysis and supporting documents used to determine effect on small business
Due to the 100 ton/year applicability threshold in the rule, it is highly unlikely that a small business, as defined under 227.114 (1), Stats., would have an IWCT operation that triggers the emission reduction requirements in the rule.
Small Business Impact
This rule will have no effect on small businesses.
Small business regulatory coordinator
Environmental Impact
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
Assumptions
The Department proposes administrative rules to establish reasonably available control technology (RACT) requirements for volatile organic compound (VOC) emissions and compliance testing criteria for industrial wastewater collection and treatment (IWCT) operations from major VOC sources in Wisconsin ozone nonattainment areas.
Summary
Fiscal impact on local government
The proposed IWCT VOC control rule would apply only to companies that process their own industrial wastewater – rather than direct the waste stream to the local municipal wastewater treatment plants, which are already subject to DNR VOC emissions controls. Since municipal wastewater treatment plants are explicitly not involved with any independent IWCT operations which could potentially be regulated for VOCs, there would be no local government costs associated with any IWCT VOC RACT rules.
Fiscal impact on state government and private
In 2007 the Department's investigation of potential VOC RACT sources yielded no facilities that would be subject to a proposed IWCT VOC RACT rule (page 39 of the Department's June, 2007 report “Revisions to the State Implementation Plan for 8-Hour Ozone"). Consequently, the Department stated that "no major industrial wastewater facilities exist in the seven moderate nonattainment counties."
However, EPA, citing that the DNR does not independently determine VOC emissions from wastewater - rejected DNR's negative declaration on facilities subject to IWCT VOC RACT. The State must correct all ozone SIP deficiencies (including adopt an IWCT VOC RACT rule) in order to avoid sanctions.
Since the Department is not able to identify any IWCT facilities in Wisconsin being subject to a VOC RACT rule, it appears that there are negligible costs to the governmental and private industries. However, if controls are necessary for any IWCT, they would largely be designed to reduce VOC emissions by restricting the waste stream's exposure to ambient air. This is accomplished by installing water seals at those process points (drains, junction boxes, manholes, etc..) where the waste stream is exposed to the ambient air. According to a report on industrial wastewater, there would be a cost (amortized over 10 years) between $1900 and $4300 per ton VOC reduction to install these control devices.
State fiscal effect
None
Local government fiscal effect
None
Long-range fiscal implications
None
Agency Contact Person
Bill Adamski
Wisconsin DNR
P.O. Box 7921
Madison, WI 53707
(608) 266-2660
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN That pursuant to s.
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapters
NR 422,
423,
439 and
484, Wis. Adm. Code, relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone non-attainment counties, and affecting small business.
Hearing Information
December 5, 2008 Rooms 140-141
Friday DNR Southeast Region Hdqrs.
at 1:00 p.m. 2300 N. Dr. Martin Luther King Jr.
Drive
Milwaukee
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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
The hearing will be held in conjunction with the hearing for Natural Resources Board Order No. AM-20-08,
CR 08-103, relating to the modification of existing rules for control of nitrogen oxide (NOx) emitted by stationary sources in the ozone nonattainment area in southeastern Wisconsin and Natural Resources Board Order No. AM-24-08,
CR 08-104, relating to VOC emission controls for industrial wastewater collection and treatment operations. The order in which the proposals will be considered will be decided at the time of hearing.
Copies of Proposed Rules 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-19-08. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Larry Bruss, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Larry.Bruss@wisconsin.gov. Comments may be submitted until December 10, 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.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
The State Implementation Plan developed under s.
285.11(6), Stats., is revised. The Department proposes these rules to meet the requirements of Section 182(b)(2) of the federal Clean Air Act. Section 182(b)(2) requires states with moderate ozone nonattainment areas to update existing volatile organic compound (VOC) Reasonably Available Control Technology (RACT) regulations within one year of U.S. EPA issuing updated Control Technology Guidelines. U.S. EPA has issued revised guidelines for the paper coating, metal furniture coating, large appliance coating, flat wood paneling coating, flexible package printing, offset lithographic printing and industrial cleaning solvents industrial source categories.
Under Sec. 182(b)(2) of the Clean Air Act (CAA), the Department is required to update its VOC Reasonably Available Control Technology (RACT) regulations when EPA issues updated Control Techniques Guidelines (CTG) for RACT categories. These rules apply in Wisconsin's seven moderate ozone nonattainment counties (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha). More specific information is provided below.
NR 422.075: This rule applies VOC control to paper, film and foil coating lines, and solvent cleaning work practices. The rule applies new limits based on mass of VOC per mass of coating solids applied to individual coating lines emitting 25 tons per year VOC (maximum theoretical emissions) from the coating applicators and drying ovens. Paper coating lines include lines coating film and foil substrates in a uniform manner. The solvent cleaning work practices portion of the rule applies to facilities emitting 15 lb/day of uncontrolled VOC emissions from all coating lines and related coating cleaning activities at the facility. The rule requires coating line operations to achieve a 90% VOC control efficiency through the combination of installation of VOC control devices and/or use of compliant coatings based on VOC content. The rule also addresses storage and disposal requirements, control requirements, recordkeeping, compliance testing, and certification testing. Requirements in NR 422.07 continue to apply to facilities currently covered by that section.
NR 422.105, NR 422.115, NR 422.131: These rules apply VOC control to metal furniture coating, large appliance coating, flat wood panel coating and associated solvent cleaning work practices. The rules require application of new coating limits by coating type based on mass of VOC per volume of non-water coating as applied, exempt specific coating operations and apply to facilities with emissions exceeding 15 lbs/day (maximum theoretical emissions). The rules also establish a companion control requirement to utilize specific application techniques. The solvent cleaning work practices portion of the rules apply to facilities emitting 15 lb/day of uncontrolled VOC emissions from all coating lines and related activities at the facility. The rules require coating line operations to achieve a 90% VOC control efficiency through the combination of installation of VOC control devices and/or use of compliant coatings based on VOC content. The rules also address storage and disposal requirements, control requirements, recordkeeping, compliance testing, and certification testing. Requirements in NR 422.10, NR 422.11, NR 422.13 continue to apply to facilities currently covered by those sections.
NR 422.141: This rule applies VOC control to large flexible package printing presses, and associated solvent cleaning work practices. The rule applies to individual large presses emitting 25 tons per year of VOC (maximum theoretical emissions) from inks, coatings and adhesives, combined, from the press dryer. Sources may choose to reduce VOC emissions from large individual presses by either installing control systems or accepting VOC content limits for inks, coatings and adhesives. The solvent cleaning work practices portion of the rule applies to facilities emitting 15 lb/day of uncontrolled VOC emissions from all flexible package printing presses and related flexible package cleaning activities at the facility. The regulation addresses flexible package printing operations through the installation of VOC control devices, and storage and disposal requirements. Requirements in NR 422.14 continue to apply to facilities currently covered by that section.
NR 422.143: This rule applies VOC control to lithographic printing presses emitting 25 tons per year of VOC (maximum theoretical emissions) from heatset inks from the press dryer. In accordance with the CTG, the rule contains emission limitation exemptions for: up to 110 gallons of blanket or roller wash on a 12-consecutive month rolling basis, sheet-fed presses with a maximum sheet size of up to 11 inches by 17 inches, any lithographic press with a total fountain solution reservoir of less than one gallon, the printing of books on a heatset lithographic press, and heatset lithographic presses with a maximum web width of up to 22 inches. The rule also contains fountain solution VOC content limits for heatset, non-heatset, sheet-fed presses, and blanket or roller wash. The solvent cleaning work practices portion of the rule applies to facilities emitting 15 lb/day of uncontrolled VOC emissions from all lithographic printing presses and related lithographic cleaning activities at the facility. The rule also addresses storage and disposal requirements, temperature monitoring requirements, control requirements, recordkeeping requirements, compliance testing, and certification testing requirements. Requirements in NR 422.142 continue to apply to facilities currently covered by that section.
NR 423.037: This rule applies VOC controls to industrial cleaning operations at facilities emitting 6.8 kg/day (15 lb/day) of uncontrolled VOC emissions from industrial cleaning operations. The rule limits emissions by establishing solvent and solvent solution requirements, cleaning device and methods requirements, storage and disposal requirements, and recordkeeping requirements. Some industrial cleaning operations are regulated under industry specific RACT rules such as lithographic printers and large appliance manufacturers. Requirements in NR 423.035 continue to apply to facilities currently covered by that section.
Comparison with federal regulations
The Clean Air Act requires the Department to update existing VOC RACT rules when EPA issues an updated CTG. The rules for paper, film and foil coating, flat wood panel coating, furniture metal coating, large appliance coating, flexible package printing, lithographic printing, and industrial cleaning operations are based directly on the EPA CTGs. The rules regulate VOC emissions from individual printing and coating lines with emissions above specified thresholds as well as regulating VOC cleaning solvent work practices.
Comparison with rules in adjacent states
Illinois and Michigan are in the same position as Wisconsin regarding potentially deficient VOC RACT rules and they need to update their rules to reflect recently updated CTGs. Both states had previously adopted VOC RACT for the categories of sources subject to this rulemaking where such sources existed in their ozone nonattainment areas. Neither state has issued proposed new or updated regulations, but both are on a schedule to incorporate the required VOC RACT updates within their ozone SIPs. Minnesota and Iowa do not have designated ozone nonattainment areas and are not deficient in regard to VOC RACT.
Summary of factual data and analytical methodologies
The new paper, film and foil coating rule, the new furniture metal coating rule, and the new large appliance coating rule are based on the 2007 EPA CTGs for these categories. The new flexible package printing rule, the new lithographic printing rule, the new flatwood panel coating rule and the new industrial cleaning operations rule are based on the 2006 EPA CTGs for these source categories. All the recommended control measures in the CTGs are incorporated into the new rules. Retention of existing RACT limitations for these categories prevents backsliding. Some industrial cleaning operations will be regulated under industry specific RACT rules for lithographic printing; flexible package printing; flat wood paneling coatings; paper film and foil coatings; large appliance coatings; and metal furniture coatings.
Analysis and supporting documents used to determine the effect on small business
NR 422.075: The control requirements for individual large paper, film and foil coating lines will not impact small businesses. EPA established the number of affected facilities by surveys with consideration of state emission reporting and inventory estimates. Estimated cost per unit VOC reduced is provided by EPA in the CTG document.
An economic impact report was not requested.
NR 422.105: NR 422.115: NR 422.131: The control requirements for large metal furniture coating lines, large appliance coating lines and flatwood panel coating lines will not impact small businesses as these activities are already regulated for the facility threshold scale proposed. The coating activities and limits and control requirements reflect current industry coating types and application practices. EPA established the number of affected facilities by surveys with consideration of state emission reporting and inventory estimates. Estimated cost per unit VOC reduced is provided by EPA in the CTG document.
An economic impact report was not requested.
NR 422.141: NR 422.143: The control requirements for individual large printing flexible package printing presses and large lithographic packaging printing presses will not impact small businesses, since these large presses are not used by small businesses.
The solvent cleaning work practices are considered standard industrial practice. Most, if not all, facilities already perform good solvent cleaning work practices. The proposed rule establishes those standard work practices as requirements.
An economic impact report was not requested.
NR 423.037: The control requirements for industrial cleaning operations will not impact small businesses. The many solvent cleaning work practices are considered standard industrial practice. Most, if not all, facilities already perform good solvent cleaning work practices.
An economic impact report has not been requested.
Small Business Impact
These regulations will have a minimal economic cost to individual small businesses, because the major control requirements apply only to large facilities. Additionally, solvent cleaning work practices are considered standard industrial practice, therefore it is anticipated that most businesses affected by these rules are already implementing the requirements. More specific cost estimates are provided below.
NR 422.075: Through industry surveys EPA has estimated that no more than 7 facilities may be regulated in the large paper, foil and film coating category (inclusive of fabric and vinyl coaters regulated under NR 422.08 in Wisconsin nonattainment counties. A smaller number meet the 25 ton/coating line regulatory threshold. EPA estimated the national average cost of this RACT control as $1180/ton VOC ($2005).
NR 422.105: EPA estimated through prior survey work accomplished as background for the federal NESHAP that only143 facilities operate within ozone nonattainment areas nationwide. Comparative statistics suggest less than a dozen furniture metal coating facilities operate in Wisconsin's nonattainment area. EPA estimated the national average cost of this coating RACT control as $1670/ton VOC ($2005) with the incremental cost of the new coating limits and application practice requirements as $200/ton ($2005).
NR 422.115: For large appliance coating, EPA estimated the national average cost of this coating RACT control at $500/ton VOC ($2006).
NR 422.131: Through industry surveys, EPA has estimated that only 1 facility is likely to be regulated for flatwood panel coating in Wisconsin nonattainment counties. EPA estimated the national average cost of this coating RACT control as $1900/ton VOC ($2005) for interior and tileboard panels and $2600/ton VOC ($2005) for exterior siding.
NR 422.141: NR 422.143:
EPA estimates that the total annual cost related to the cleaning requirements per small lithographic and flexible package printing facilities is approximately $1,485 (2005 dollars).
Small business regulatory coordinator
Environmental Impact
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
Assumptions
These volatile organic compounds (VOC) Reasonably Available Control Technology (RACT) rules are proposed so the Department will meet the Sec. 182(b)(2) requirement of the federal Clean Air Act. Section 182(b)(2) requires the Department to update existing VOC RACT regulations as US EPA issues updated Control Techniques Guidelines (CTG) for the RACT categories. US EPA released updated CTGs for the following seven source categories: flat wood paneling coating; paper, film and foil coating; large appliance coating; metal furniture coating; flexible package printing; offset lithographic printing; and industrial cleaning solvents. These rules will enable the Department to comply with the federal requirements.
Fiscal effect on state government
The rule requirements will not create a significant fiscal effect on state government because the majority of the sources affected are already inspected, permitted and otherwise regulated by the Department. There will not be a significant fiscal impact on the majority of source categories. However, the Department estimates that the industrial cleaning solvents rule will result in an estimated 400 ton/year future reduction in reported VOC emissions. Therefore, the Department may lose up to $15,000 (400 * $35.71/ton VOC) in emission fee revenue annually.
Fiscal effect on private sector
The Department believes that the proposed rules will not create a significant economic impact to private sector businesses. With a couple of minor exceptions, US EPA states in the CTGs that many facilities located in ozone nonattainment areas are already meeting the emission control levels recommended in the CTGs. In addition, the Department believes that the proposed industrial cleaning solvents work practices are already being implemented at many printing and coating facilities in the state.
State government fiscal effect
Decrease existing revenues.
Local government fiscal effect
None.
Fund sources affected
PRO
Affected Chapter
20 appropriations
Agency Contact Person
Larry Bruss
608-264-7543
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.11 (2) (a) and
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapter
NR 428, Wis. Adm. Code, relating to modification of existing rules for control of nitrogen oxide (NOx) emitted by stationary sources in the ozone nonattainment area in southeastern Wisconsin
Hearing Information
December 5, 2008 Rooms 140-141
Friday DNR Southeast Region Hdqrs.
at 1:00 p.m. 2300 N. Dr. Martin Luther King Jr.
Drive
Milwaukee
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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
The hearing will be held in conjunction with the hearing for Natural Resources Board Order No. AM-19-08,
CR 08-102, relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone non-attainment counties and Natural Resources Board Order No. AM-24-08,
CR 08-104, relating to VOC emission controls for industrial wastewater collection and treatment operations. The order in which the proposals will be considered will be decided at the time of hearing.
Copies of Proposed Rules 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-19-08. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Tom Karman, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Thomas.Karman@wisconsin.gov. Comments may be submitted until December 10, 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.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Related statute or rule
The current provisions of ch.
NR 428 established nitrogen oxide emission limits for new and existing facilities which are located in ozone nonattainment counties. The primary intent of these provisions is to fulfill Clean Air Act (CAA) requirements for demonstrating rate-of-progress towards attaining the 1-hour ozone standard and establishment of a Reasonably Available Control Technology (RACT) program for major sources of nitrogen oxide emissions (NO
x) in counties designated as nonattainment under the 8-hour ozone standard. Modifications are proposed to existing portions of ch.
NR 428.
Plain language analysis
The proposed revisions relate to issues for State Implementation Plan approvability and miscellaneous implementation issues. The State Implementation Plan developed under s.
285.11 (6), Stats., is revised.
The proposed revisions address two areas: 1) required modifications to the NOx RACT program to meet minimum criteria for conditional Federal approval of the program into the State Implementation Plan (SIP); and 2) revisions identified by the department and stakeholders during implementation which clarify and facilitate implementation of requirements within ch.
NR 428.
Revisions for SIP approval
As stated in s.
NR 428.20, NO
x RACT requirements are applicable to facilities which have potential NO
x emissions equal to or greater than 100 tons per year. These facilities under the Clean Air Act are known as major sources. In proposing federal approval, the US EPA requires that the term "potential emissions", used in identifying major sources, be defined as the amount of NO
x which can be theoretically emitted from emissions units at the facility on an uncontrolled basis over the year. These total potential emissions may consider a restriction on operational capacity or hours, if those restrictions are federally enforceable.
To address EPA's concerns, the proposed rules incorporate a definition of "maximum theoretical emissions" in identifying which sources are subject to NO
x RACT requirements. This approach is consistent with the use of this term in s.
NR 419.02 (11) for identifying the applicability of the state's VOC RACT requirements.
Revisions for Clarifications and Implementation
There are a number of miscellaneous revisions proposed in the rule package consistent with the intent of the existing rules. These revisions do not change the emission limitations or the sources subject to the emission limitations. The revisions are focused to implementation issues and clarification of requirements. These revisions include:
•
The existing NOx RACT rule identifies electric utility owned units as those subject to the federal CAIR rule. The proposed rule revision amends these provisions to account for the vacatur of the CAIR rule.
•
The existing NOx RACT rule allows sources to apply for an alternative emission limit or compliance schedule. However, the applications were due by May 1, 2008 even though in some cases requirements are not effective until 2013. The rule revision allows additional time for sources to submit an application for an alternative requirement.
•
The existing NOx RACT rule prohibits a source with an approved alternative emission limit or compliance schedule from participating in emissions averaging at any time. The rule revision only prohibits participation in the emissions averaging program for purposes of demonstrating compliance with an alternative emission limit of compliance schedule.
•
The new source NO
x limits in s.
NR 428.04 are applicable to units that undergo modification. The proposed revision modifies the existing rule to avoid triggering
new source NO
x limits when the modification is made solely to comply with existing NO
x control requirements.
•
Several revisions allow sources subject to monitoring and reporting requirements under different provisions in ch.
NR 428 to satisfy all requirements by meeting one set of monitoring and reporting requirements. These revisions also allow certain sources to demonstrate compliance through periodic stack testing instead of more costly continuous emissions monitoring.
•
A number of miscellaneous revisions are proposed to clarify monitoring requirements and deadlines.
•
The NO
x limits in s.
NR 428.05, established prior to the RACT program, are intended to apply to sources existing prior to February 1, 2001 with no lapse in applicability unless the source becomes subject to the new source limits in s.
NR 428.04 due to a major modification. The applicability statement in s.
NR 428.05 (1) is being revised to remove the reference to "modified" sources to clarify this intent.
Comparison with federal regulations
The NOx emission requirements of NR 428 are in place to fulfill federal ozone requirements in non-attainment areas for demonstrating rate-of-progress towards meeting 1 hour ozone attainment and for implementing a Reasonably Available Control Technology program for major sources of NOx emissions (NOx RACT). Since there are no direct federal emission limitations, states must meet these requirements through development of control requirements and adoption of them into the State Implementation Plan. Many states have NOx emission control programs in place or are in the process of evaluating and developing necessary rules to meet federal ozone non-attainment requirements.
EPA does regulate NO
x emissions for similar sources and to similar control levels as those contained in ch.
NR 428. These EPA regulations include new source performance standards, new source review and prevention of significant deterioration requirements, federal engine standards, the Acid Rain program, the NO
x State SIP Call and various source specific consent decrees.
Comparison with similar rules in adjacent states
The need to implement NO
x emission control requirements in adjacent states differ based on ozone non-attainment designations and the resulting applicable federal requirements. Illinois is in the process of developing NO
x RACT rules. Ohio, Indiana, and Michigan are evaluating their applicable federal requirements based on attainment status. And Iowa and Minnesota currently do not have to respond to federal requirements for reduction in NO
x emissions. As in the case of ch.
NR 428, all rules developed by these states for ozone related purposes must undergo federal approval for inclusion into their State Implementation Plan.
Summary of factual data and analytical methodologies
Several proposed revisions are needed to address EPA's concern for approving the RACT rules into the State Implementation Plan Other proposed revisions address implementation issues and the need for clarifications by the Department staff and stakeholders.
Small Business Impact
Analysis and supporting documents used to determine the effect on small business
The existing rule requirements are applicable to large industrial or electric generation sources. Based on the limited nature of the proposed changes to the existing rule there is no impact anticipated to small businesses.
Small business regulatory coordinator
Environmental Impact
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
Assumptions
The proposed revisions to ch.
NR 428 address criteria for federal approval of the Reasonably Available Control (RACT) Program. Specifically, EPA requires incorporating into rule the basis for identifying major sources subject to the RACT program as those sources with maximum theoretical emissions equal to or greater than 100 tons per year of NOx. Incorporating this concept is not anticipated to change the emissions units subject to NOx emission limitations as the currently adopted RACT program and applicability of emission limitations therein were originally developed on the basis of maximum theoretical emissions.
In general other revisions proposed to ch.
NR 428 affect corrections and address implementation issues which also do not change the affected units and intended emission reductions. One proposed revision, however, does address whether an emissions unit is subject to an existing or new source emission limitation under ch.
NR 428. Currently, an emissions unit through installation of control equipment to meet a NOx emission limitation may trigger major modification levels and applicability of a more stringent new source NOx emission limitation. The ch.
NR 428 rules established emission limitations by source category with no intent of triggering a more stringent emission limit in meeting the original applicable limit. Therefore, this specific modification is consistent with the original intent and emission reductions and cost evaluated in developing the currently adopted rules.
Estimate
There is no anticipated fiscal impact from these rule revisions. Since the rule revisions proposed in Board Order AM-20-08 do not change the overall NOx emission requirements or the emissions units anticipated to be subject to emission limitations there is no change anticipated due to these rule revisions versus the original fiscal estimates supporting adoption of current ch.
NR 428 requirements.
State government fiscal effect
None
Local government fiscal effect
None
Agency Contact Person
Thomas Karman
Phone: (608) 264-8856
Fax: (608) 267-0560
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2) and
460.04 (2), Stats.,
2007 Wisconsin Act 104, the Department of Regulation and Licensing will hold a public hearing on an order adopting emergency rules to create s.
RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Hearing Information
Date: November 26, 2008
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Submission of Written Comments
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 Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@drl.state.wi.us. Written comments must be received by December 1, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104 amends ch.
460, Stats., which regulates the profession of massage therapy and bodywork. The effect of the Act requires the Department of Regulation and Licensing to amend administrative rules for application for certification as a massage therapist or bodyworker. As required by
2007 Wisconsin Act 104, the rule creates the requirement for applicants to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Related statutes or rules
Plain language analysis
The massage therapy and bodywork statutes and administrative rules regarding application for certification, reciprocal certification and renewal do not have a requirement for training and proficiency in the use of an AED. This rule implements a provision of
2007 Wisconsin Act 104, requiring applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
SECTION 1 creates a requirement for applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Minnesota:
Minnesota does not have regulations or state requirements for massage therapy.
Michigan:
Michigan does not have regulations or state requirements for massage therapy.
Iowa:
Laws and rules for Iowa do not require automated external defibrillator (AED) training. One of the requirements for Iowa licensure is proof of current CPR and First Aid cards, Chapter
131, 131.2(6) states: The applicant shall submit proof of completion of a cardiopulmonary resuscitation (CPR) course and a first-aid course that were certified by the American Red Cross, by the American Heart Association, or by the National Safety Council. One of the following shall be required:
a. Official transcript documenting completion of a CPR class and a first-aid class within one year prior to submitting the application for licensure; or
b. Copy of the current certification card(s) or renewal card(s).
Illinois:
Illinois does not appear to require proficiency and training in the use of AEDs as a requirement for licensure and renewal of massage therapists. Massage Therapists are licensed under Title 68: Professions & Occupations: Chap. VII, Dept. of Financial and Professional Regulation, Subchapter B, Professions and Occupations Part 1284 Massage Licensing Act, ss. 1284.30 Application for Licensure and 1284.60 Renewals
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104 created a requirement for applicants for a credential as a massage therapy or bodyworker to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provision, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification costs for a certified massage therapist could cost approximately $132.00 for the certification biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review).
As of July 2008, there were 3,162 massage therapists and bodyworkers with active certifications.
Small Business Impact
This emergency rule will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $3,032.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@drl.state.wi.us.
Text of Proposed Rule
SECTION 1. RL 91.01 (3) (k) is created to read:
RL 91.01 (3) (k) Has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104 provides that notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104. Notwithstanding s.
227.24 (1) (c) and
(2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
This emergency rule was effective on September 10, 2008.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2) and
460.04 (2), Stats.,
2007 Wisconsin Act 104, the Department of Regulation and Licensing will hold a public hearing to create s.
RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Hearing Information
Date: November 26, 2008
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Submission of Written Comments
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 Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Written comments must be received by December 1, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104 amends ch.
460, Stats., which regulates the profession of massage therapy and bodywork. The effect of the Act requires the Department of Regulation and Licensing to amend administrative rules for application for certification as a massage therapist or bodyworker. As required by
2007 Wisconsin Act 104, the proposed rule creates the requirement for applicants to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Related statutes or rules
Plain language analysis
The massage therapy and bodywork statutes and administrative rules regarding application for certification, reciprocal certification and renewal do not have a requirement for training and proficiency in the use of an AED. This proposed rule-making implements a provision of
2007 Wisconsin Act 104, requiring applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
SECTION 1 creates a requirement for applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Minnesota:
Minnesota does not have regulations or state requirements for massage therapy.
Michigan:
Michigan does not have regulations or state requirements for massage therapy.
Iowa:
Laws and rules for Iowa do not require automated external defibrillator (AED) training. One of the requirements for Iowa licensure is proof of current CPR and First Aid cards, Chapter
131, 131.2(6) states: The applicant shall submit proof of completion of a cardiopulmonary resuscitation (CPR) course and a first-aid course that were certified by the American Red Cross, by the American Heart Association, or by the National Safety Council. One of the following shall be required:
a. Official transcript documenting completion of a CPR class and a first-aid class within one year prior to submitting the application for licensure; or
b. Copy of the current certification card(s) or renewal card(s).
Illinois:
Illinois does not appear to require proficiency and training in the use of AEDs as a requirement for licensure and renewal of massage therapists. Massage Therapists are licensed under Title 68: Professions & Occupations: Chap. VII, Dept. of Financial and Professional Regulation, Subchapter B, Professions and Occupations Part 1284 Massage Licensing Act, ss. 1284.30 Application for Licensure and 1284.60 Renewals
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104 created a requirement for applicants for a credential as a massage therapist or bodyworker to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provision, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification costs for a certified massage therapist could cost approximately $132.00 for the certification biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review).
As of July 2008, there were 3,162 massage therapists and bodyworkers with active certifications.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $3,032.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@drl.state.wi.us.
Text of Proposed Rule
SECTION 1. RL 91.01 (3) (k) is created to read:
RL 91.01 (3) (k) Has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2) and
440.984, Stats., the Department of Regulation and Licensing will hold a public hearing on an emergency rule to renumber and amend RL 181.01 (2) (c); and to create RL 180.02 (1m), (3m) and (11), 181.01 (1) (d) and (2) (c) 1. and 2., relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
Hearing Information
Date: November 26, 2008
Time: 9:20 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Submission of Written Comments
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 Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@drl.state.wi.us. Written comments must be received by December 1, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104 amends ch.
440, Stats., which regulates the practice of midwifery. The effect of the Act requires the Department of Regulation and Licensing to amend administrative rules for application for licensure as a licensed midwife. As required by
2007 Wisconsin Act 104, this emergency rule creates the requirement for applicants and licensees to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial licensure, issuance of a temporary permit, and renewal of licensure.
Related statutes or rules
Plain language analysis
This emergency rule amends rules relating to licensed midwives to include the requirement for applicants and licensees to be proficient in the use of automatic external defibrillators (AEDs) through the completion of an approved instruction program prior to initial licensure, issuance of a temporary permit, and renewal of licensure, resulting from
2007 Wisconsin Act 104.
SECTION 1 creates definitions for “automated external defibrillator," “defibrillation" and “ventricular fibrillation."
SECTION 2 creates a provision in s.
RL 181.01 (1) to require applicants to submit evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
SECTION 3 renumbers and amends, and SECTION 4 creates, provisions to require licensees to submit, at the time of renewal, evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Minnesota:
Under 147D.17; subd. 1 (14) requires midwives to be certified in adult and infant CPR (the American Heart Association teaches AED with CPR) but there is nothing in the statutes or rules requiring specific training in the use of the defibrillator.
Iowa:
Iowa does not regulate midwives.
Illinois:
Illinois does not regulate midwives.
Michigan:
Michigan does not regulate midwives.
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104 created a requirement for applicants for an initial credential as a midwife, issuance of a temporary permit, and as a qualification for renewal, to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provisions, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for AED certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers to professionals AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification for a licensed chiropractor could cost approximately $132.00 for the licensure biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review).
As of July 2008, there were 35 Wisconsin licensed midwives with active licenses to practice.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Small Business Impact
This emergency rule will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $2,223.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@drl.state.wi.us.
Text Proposed Rule
SECTION 1. RL 180.02 (1m), (3m) and (11) are created to read:
RL 180.02 (1m) “Automated external defibrillator" means a defibrillator device to which all of the following apply:
a. It is approved for commercial distribution by the federal food and drug administration.
b. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.
c. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.
(3m) “Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.
(11) “Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.
SECTION 2. RL 181.01 (1) (d) is created to read:
RL 181.01 (1) (d) Evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
SECTION 3. RL 181.01 (2) (c) is renumbered RL 181.01 (2) (c) (intro.) and is amended to read:
RL 181.01 (2) (c) (intro.) A licensed midwife shall, at the time that he or she applies for renewal of a license under par. (b), submit proof satisfactory to the department that he or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization. of all of the following:
SECTION 4. RL 181.01 (2) (c) 1. and 2. are created to read:
RL 181.01 (2) (c) 1. He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
2. He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104 provides that notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104. Notwithstanding s.
227.24 (1) (c) and
(2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
This emergency rule was effective on September 10, 2008.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2) and
440.984, Stats., the Department of Regulation and Licensing will hold a public hearing to consider an order to renumber and amend RL 181.01 (2) (c); and to create RL 180.02 (1m), (3m) and (11), 181.01 (1) (d) and (2) (c) 1. and 2., relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
Hearing Information
Date: November 26, 2008
Time: 9:20 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Submission of Written Comments
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 Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before December 1, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104 amends ch.
440, Stats., which regulates the practice of midwifery. The effect of the Act requires the Department of Regulation and Licensing to amend administrative rules for application for licensure as a licensed midwife. As required by
2007 Wisconsin Act 104, the proposed rule creates the requirement for applicants and licensees to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial licensure, issuance of a temporary permit, and renewal of licensure.
Related statutes or rules
Plain language analysis
This proposed rule-making order amends rules relating to licensed midwives to include the requirement for applicants and licensees to be proficient in the use of automatic external defibrillators (AEDs) through the completion of an approved instruction program prior to initial licensure, issuance of a temporary permit, and renewal of licensure, resulting from
2007 Wisconsin Act 104.
SECTION 1 creates definitions for “automated external defibrillator," “defibrillation" and “ventricular fibrillation."
SECTION 2 creates a provision in s.
RL 181.01 (1) to require applicants to submit evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
SECTION 3 renumbers and amends, and SECTION 4 creates, provisions to require licensees to submit, at the time of renewal, evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Minnesota:
Under 147D.17; subd. 1 (14) requires midwives to be certified in adult and infant CPR (the American Heart Association teaches AED with CPR) but there is nothing in the statutes or rules requiring specific training in the use of the defibrillator.
Iowa:
Iowa does not regulate midwives.
Illinois:
Illinois does not regulate midwives.
Michigan:
Michigan does not regulate midwives.
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104 created a requirement for applicants for an initial credential as a midwife, issuance of a temporary permit, and as a qualification for renewal, to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provisions, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for AED certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers to professionals AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification for a licensed chiropractor could cost approximately $132.00 for the licensure biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review).
As of July 2008, there were 35 Wisconsin licensed midwives with active licenses to practice.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $2,223.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@drl.state.wi.us.
Text of Proposed Rule
SECTION 1. RL 180.02 (1m), (3m) and (11) are created to read:
RL 180.02 (1m) “Automated external defibrillator" means a defibrillator device to which all of the following apply:
a. It is approved for commercial distribution by the federal food and drug administration.
b. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.
c. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.
(3m) “Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.
(11) “Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.
SECTION 2. RL 181.01 (1) (d) is created to read:
RL 181.01 (1) (d) Evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
SECTION 3. RL 181.01 (2) (c) is renumbered RL 181.01 (2) (c) (intro.) and is amended to read:
RL 181.01 (2) (c) (intro.) A licensed midwife shall, at the time that he or she applies for renewal of a license under par. (b), submit proof satisfactory to the department that he or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization. of all of the following:
SECTION 4. RL 181.01 (2) (c) 1. and 2. are created to read:
RL 181.01 (2) (c) 1. He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
2. He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38), Stats., to provide the instruction.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
110.07, Stats., interpreting ch.
194, Stats., the Department of Transportation will hold a public hearing on the emergency rule amendment of Chapters
Trans 325,
326 and
327, Wisconsin Administrative Code, relating to motor carrier safety, and hazardous material transportation safety.
Hearing Information
Date: December 2, 2008
Time: 10:00 A.M.
Location: Hill Farms State Transportation Bldg.
4802 Sheboygan Avenue
Room 701
Madison, Wisconsin
The public hearing site is accessible to people with disabilities.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Transportation sets standards and adopts rules to establish a plan of inspection to implement the inspection program. It is the duty of the Department to prescribe rules and regulations as to safety and operations and the hours of labor of drivers of motor vehicles operated under the authority of these chapters.
Related statute or rule
Plain language analysis
As prescribed by state statute, the Department is mandated to regulate both intrastate and interstate transportation of property and passengers by commercial motor vehicles. It is in the best interest of the public when current regulations are used for enforcement of these regulations.
Comparison with federal regulations
Trans 325 (Interstate Motor Carrier Safety regulations) adopts Federal regulations
49 CFR part 385, subpart C (Certification of Safety Auditors, Safety Investigators and Safety Inspectors) and parts 390 to 393 and 395 to 397. Trans 326 (Motor Carrier Safety Requirements for Transportation of Hazardous Materials) adopts Federal Regulations
49 CFR parts 107,
171-
173,
177,
178,
180 and
385, subpart E (Hazardous Materials Safety Permits). Trans 327 (Motor Carrier Safety) adopts Federal regulations part 385, subpart C, (Certification of Safety Auditors, Safety Investigators and Safety Inspectors), parts 40, 390-general, except 390.23(a)(3); 391-general except 391.11(b)(1) and 391.41(b)(3), 391.41(b)(10); 392 except 392.16; 393-general except 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987; 395, general-except 395.1(e)(1), 395.1(h), 395.1(i) 395.5, 395.8, and the maximum number of hours identified in 395.3 as follows: (a) more than 12 hours following 10 consecutive hours off duty; (b) for any period after having been on duty 16 hours following 10 consecutive hours off duty; (c) after having been on duty for 70 hours in any period of 7 consecutive days; and (d) after having been on duty for 80 hours in any period of 8 consecutive days, and parts 396 and 397.
Comparison with rules in adjacent states
All adjacent states (Michigan, Minnesota, Illinois and Iowa) adopt the same Federal regulations.
Summary of factual data and analytical methodologies
The Federal Motor Carrier Safety Administration continues to do ongoing research into vehicle equipment, driver safety, carrier authority and hazardous materials. Its research, coupled with the input from the motor carrier industry, resulted in ongoing updates to federal regulations for interstate commerce. It is imperative the same regulations are enforced from state to state.
Analysis and supporting documentation used to determine effect on small businesses
The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.
Small Business Impact
This rule making will have no significant adverse effect on small businesses.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Copies of Emergency Rule and Agency Contact
Requests for copies of the emergency rule should be submitted to Lt. Patricia Hansen, Department of Transportation, Division of State Patrol, Bureau of Field Services, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Lt. Hansen by phone at (608) 266-0094 or via e-mail at
patricia.hansen@dot.state. wi.us.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
110.07, Stats., interpreting ch.
194, Stats., the Department of Transportation will hold a public hearing on the adoption of permanent rules amending Chapters
Trans 325,
326 and
327, Wisconsin Administrative Code, relating to motor carrier safety, and hazardous material transportation safety.
Hearing Information
Date: December 2, 2008
Time: 10:00 A.M.
Location: Hill Farms State Transportation Bldg.
4802 Sheboygan Avenue
Room 701
Madison, Wisconsin
The public hearing site is accessible to people with disabilities.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Transportation sets standards and adopts rules to establish a plan of inspection to implement the inspection program. This proposed rule making eliminates the date specification for applicable federal regulations enabling the Department to apply current federal regulations. It is the duty of the Department to prescribe rules and regulations as to safety and operations and the hours of labor of drivers of motor vehicles operated under the authority of these chapters.
Related statute or rule
Plain language analysis
As prescribed by state statute, the Department is mandated to regulate both intrastate and interstate transportation of property and passengers by commercial motor vehicles. It is in the best interest of the public when current regulations are used for enforcement of these regulations. Applying outdated regulations can adversely affect interstate transportation where those other states apply current regulations.
Comparison with federal regulations
Trans 325 (Interstate Motor Carrier Safety regulations) adopts Federal regulations
49 CFR part 385, subpart C (Certification of Safety Auditors, Safety Investigators and Safety Inspectors) and parts 390 to 393 and 395 to 397. Trans 326 (Motor Carrier Safety Requirements for Transportation of Hazardous Materials) adopts Federal Regulations
49 CFR parts 107,
171-
173,
177,
178,
180 and
385, subpart E (Hazardous Materials Safety Permits). Trans 327 (Motor Carrier Safety) adopts Federal regulations part 385, subpart C, (Certification of Safety Auditors, Safety Investigators and Safety Inspectors), parts 40, 390-general, except 390.23(a)(3); 391-general except 391.11(b)(1) and 391.41(b)(3), 391.41(b)(10); 392 except 392.16; 393-general except 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987; 395, general-except 395.1(e)(1), 395.1(h), 395.1(i) 395.5, 395.8, and the maximum number of hours identified in 395.3 as follows: (a) more than 12 hours following 10 consecutive hours off duty; (b) for any period after having been on duty 16 hours following 10 consecutive hours off duty; (c) after having been on duty for 70 hours in any period of 7 consecutive days; and (d) after having been on duty for 80 hours in any period of 8 consecutive days, and parts 396 and 397.
Comparison with rules in adjacent states
All adjacent states (Michigan, Minnesota, Illinois and Iowa) adopt the same Federal regulations and subsequent revisions to those regulations.
Summary of factual data and analytical methodologies
The Federal Motor Carrier Safety Administration continues to do ongoing research into vehicle equipment, driver safety, carrier authority and hazardous materials. Its research, coupled with the input from the motor carrier industry, resulted in ongoing updates to federal regulations for interstate commerce. It is imperative the same regulations are enforced from state to state.
Analysis and supporting documentation used to determine effect on small businesses
The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.
Small Business Impact
This rule making will have no significant adverse effect on small businesses.
Fiscal Estimate
Summary
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on private sector revenues or liabilities.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business on December 5, 2008, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Lt. Patricia Hansen, Department of Transportation, Division of State Patrol, Bureau of Field Services, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Lt. Hansen by phone at (608) 266-0094, or by e-mail at
patricia.hansen@dot.state.wi.us to obtain copies of the proposed rule.
Copies of Proposed Rule
A copy of the proposed rule may be obtained upon request from Lt. Patricia Hansen, Department of Transportation, Division of State Patrol, Bureau of Field Services, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Lt. Hansen by phone at (608) 266-0094 or via e-mail at
patricia.hansen@dot.state.wi.us.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
348.07, Stats., interpreting s.
348.07, Stats., the Department of Transportation will hold a public hearing on the amendment of Chapter
Trans 276, Wisconsin Administrative Code, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit
Hearing Information
Date: December 3, 2008
Time: 10:00 A.M.
Location: Hill Farms State Transportation Bldg.
4802 Sheboygan Avenue
Room 501 (Eau Claire Room)
Madison, Wisconsin
The public hearing site is accessible to people with disabilities.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
348.07 (4), Stats., requires the secretary to designate by rule the highways to which s.
348.07 (2) (f), Stats., [no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway], (fm) [no length limitation for a truck tractor or road tractor when such truck tractor or road tractor is operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway], (gm) [28 feet 6 inch length limit for a semitrailer or trailer operated as part of a double bottom], and (gr) [53 feet for a semitrailer whose length from kingpin to axle does not exceed 43 feet and which is operated as part of a 2-vehicle combination], and s.
348.08 (1) (e), Stats., [double bottom trucks] apply. The designation of highways under this subsection may not be inconsistent with the designation of highways made by the U.S. secretary of transportation under P.L.
97-424, section 411.
Related statute or rule
Plain language analysis
This rule proposes to amend s.
Trans 276.07 (14) and
(35m), Wisconsin Administrative Code, to add two segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments
1 that this rule proposes to add to the designated highway system are:
Hwy.
|
From
|
To
|
STH 66
|
West of Rosholt
|
CTH A E. of Rosholt
|
CTH A in
Portage Co.
|
STH 66 near Rosholt
|
USH 10 in Amherst
|
1 The rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet
2, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07(2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
The effect of this rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highway. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segment. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 15 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Comparison with federal regulations
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•
No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•
No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•
No state may limit the length of truck tractors.
•
No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•
No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 15 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
Comparison with rules in adjacent states
Michigan:
Allows 53 ft. semi-trailers on designated highways only approved by the state transportation department or a local authority. Maximum length from kingpin to axle is 37.5 ft. to 40.5 ft. There is no restriction on maximum overall tractor-semitrailer length. Allows 5-mile access provision on state highways for food, fuel, repairs or rest.
Minnesota:
Allows 53 ft. semi-trailers on any road with an overall length restriction of 75 ft. No restriction on divided highways. Commissioner may designate other than divided highways, subject to local approval, for the purpose of providing reasonable access between divided highways.
Illinois:
Allows 53 ft. semi-trailers on designated highways on Class I, II and III highways. Maximum length from kingpin to axle is 45.5 ft. There is no restriction on maximum overall tractor-semitrailer length for Class I and II highways, but a 65 ft. restriction on Class III highway, and a 55 ft. restriction on non-state highways. Allows a 5-mile access provision off a state route.
Iowa:
Allows 53-ft. semi-trailers on any highway and no maximum overall semi-trailer length restriction.
Summary of factual data and analytical methodologies
Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making.
Small Business Impact
The provisions of this proposed rule adding two highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by telephone at (608) 266-1273 or via e-mail at
ashwani.sharma@dot.state.wi.us to obtain copies of the proposed rule.
Copies of Proposed Rule
A copy of the proposed rule may be obtained upon request from Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273 or via e-mail at
ashwani.sharma@dot.state.wi.us.
