1.
Minnesota law authorizes the establishment of up to five Regional Hazardous Materials Response Teams and creates fee structure to support these teams.
a. Facilities that report the storage of an extremely hazardous substance (EHS) under Section 302 of the federal EPCRA law are required to pay a fixed annual fee of $75.00 per facility
b. Facilities that report releases and/or transfers under Section 313 of the federal EPCRA law are required to pay an annual fee based on the amount released and transferred. These fees range from $200.00 to $800.00 in 3 categorical fee ranges.
Summary of factual data and analytical methodologies
WEM performed numerous fiscal analogies to determine the best course of action to keep the county grant program and state services to counties operating at a level consistent with changing and diverse needs. Several options were developed to cope with the fact that the fund would be depleted if changes were not implemented:
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Increase EPCRA fees at a specified percentage. This would fund the program to meet local and state needs.
•
Increase the Petroleum Environmental Cleanup Fund Act (PECFA) transfer to the EPCRA fund. Additional funding, such as the state disaster fund has been taken out of PECFA, and currently the fund may not have sufficient money.
•
Increase the EPCRA fees and the PECFA transfer. This would have the benefit of reducing the overall increase in EPCRA fees and the PECFA transfer. However, if the PECFA fund does not have a surplus, then it would not be a viable option.
•
Obtain additional funding from another source. At this time no other viable funding source has been identified.
After reviewing the options, it was determined that a 35% increase in facility reporting fees and the emergency planning fee was the appropriate option to increase funding in the grant allocation to counties and WEM expenditure levels to take into account increases to the cost of living. Operating costs for both the counties and state have been increasing with no increase to the allocation since 1990. This option will increase support at a level that should keep the fund solvent through 2014.
Small Business Impact
Facilities with 10 or more employees would experience a fee change. Under s.
166.20 (7) (d), Stats., facilities with fewer than the equivalent of 10 full-time employees are exempt from inventory fees and the one-time emergency planning fee.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rule:
Reporting, bookkeeping and other procedures required for compliance with the rule:
No new reporting, bookkeeping and other procedures are required for compliance with the rule.
Types of professional skills
No new professional skills are necessary for compliance with the rule.
Rules have a significant impact on small business?
No. Most small businesses with 10 or more employees are now paying the minimum annual inventory fee of $150.00 and will see that increase by 35% annually. Small businesses with 10 or more employees who must submit the one-time planning notification will expect an increase in the fee of 35%.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The emergency rule will increase fees by eighteen percent for one year until the permanent rule goes into effect.
The increase will support local and state programs at the present rate.
State fiscal effect
Increase to existing revenues.
Increase to existing appropriation.
Local government fiscal effect
No local government costs.
Fund sources affected
PRO
Affected Chapter
20 appropriations
Long-range fiscal implications
None.
Agency Contact Person
William Clare, Planning Section Supervisor
Wisconsin Emergency Management
2400 Wright Street, Room 213
P.O. Box 7865
Madison, WI 53708-7865
Telephone: (608) 242-3220
Text of Proposed Rule
SECTION 1. WEM 1.03 is amended to read:
WEM 1.03 An owner or operator who has made an emergency planning notification required under 166.20 (5) (a) 1, Stats., shall submit a fee of $
8001080 per facility no later than 2 months after February 1, 1990. Except as provided under as provided under s.
WEM 1.06, an owner or operator shall submit a fee of $
8001080 per facility with the emergency planning notification required under s.
166.20 (5) (a) 1., Stats. The planning notification fee statement shall be submitted one time to the division.
SECTION 2. WEM 1.04 (7) (a) through (j) is amended to read:
(7) Except as provided under s.
WEM 1.07, the appropriate inventory form fee required under this section is:
(a) For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $150205. Facilities with an actual maximum daily amount of 100,000 or more, $180245.
(b) For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $300405. Facilities with an actual maximum daily amount of 100,000 or more, $360
485.
(c) For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $450610. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $540730.
(d) For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $550745. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $660890.
(e) For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $650880. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $7801055.
(f) For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $7501015. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $9001215.
(g) For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $8501150. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $10201375.
(h) For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $9501285. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $11401540.
(i) For temporary construction facilities, $2027.
(j) For batch plants, $2027.
Note: Facilities that have submitted Tier II and Inventory Fee Statements in 2009 for chemicals in 2008 will receive preprinted forms in the mail on or about January 1, 2010. These forms can also be obtained through the Wisconsin Emergency Management website at
emergency management@wisconsin.gov or call 608-242-3221.
