The fiscal effect of the proposed rule on the department
is expected to be minimal. The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should also be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s.
256.15 (9m), Stats. However, the fiscal effect is varied and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50.
Copies of Proposed Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or from the department by contacting the person listed below.
Contact Person
Brian D. Litza, EMS Section Chief
1 W. Wilson St., Room 133
Madison, WI 53701
(608) 261-6870
Notice of Hearing
Military Affairs —
Wisconsin Emergency Management
NOTICE IS HEREBY GIVEN that pursuant to authority vested in Wisconsin Emergency Management and State Emergency Response Commission in ss.
227.17 and
227.18, Stats., Wisconsin Emergency Management will hold public hearings to consider an order adopting emergency rules and a permanent rule to amend ss.
WEM 1.03 and
1.04 (7) (a) to
(j) in order to establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in s.
WEM 1.02 (5).
Hearing Information
The first hearing will be held:
Date: Thursday, December 18, 2008
Time: 9:30 a.m.
Location: Wisconsin Emergency Management
2400 Wright St.
Witmer Hall
Madison, WI 53704
The second hearing will be held:
Date: Friday, December 19, 2008
Time: 1:00 p.m.
Location: University of Wisconsin - Marathon County
Conference Room # 5
212 River Drive
Wausau, WI. 54403-5476
(For directions go to
www.marathon.uwex.edu)
The hearings will be held in handicapped accessible facilities. If you are in need of accommodations that may simplify your efforts to hear, see and access the facility, please contact Sharon Edwards-Billings at (608) 242-3224 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent available upon a request from persons with physical challenges.
Submission of Written Comments
Comments may be submitted to Sharon Edwards-Billings, EPCRA Planning Specialist, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: (608) 242-3224. Email:
sharon.edwardsbillings@wisconsin.gov.
Comments must be received on or before December 18, 2008 to be included in the record of rule-making proceedings.
Relating to a fee change for facilities storing hazardous materials and extremely hazardous substances under the emergency planning & community right-to-know act (EPCRA)
Finding Of Emergency
The Wisconsin Division of Emergency Management (WEM)/State Emergency Response Commission finds that an emergency exists and that a rule revision is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting an emergency is as follows:
Emergency response to and planning for accidental or purposeful releases of dangerous chemicals will be compromised by a significant reduction of money available to fund emergency management activities at the county level. County emergency management agencies will be unable to fully comply with state and federal laws. Wisconsin Emergency Management would also experience substantial reductions in capabilities to assist local units of government with their state and federally required responsibilities. Sufficient funding of the county grant program and WEM activities is necessary to protect and defend the citizens of Wisconsin from accidental releases and releases caused by terrorist actions.
Analysis Prepared by Wisconsin Emergency Management
Statutes interpreted
Sections
166.20 generally, 166.20 (5), 166.20 (7), and 166.21, Stats.
Statutory authority
Sections
166.20 generally, 166.20 (5), and 166.20 (7), Stats.
Plain language summary
The proposal to amend WEM 1.03 and WEM 1.04 (7) (a) through (j) would establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in WEM 1.02 (5).
Facilities and certain small businesses which have 10 or more full-time employees and store hazardous materials, hazardous substances and extremely hazardous substances are assessed a fee based on the types and numbers of chemicals present. Fees have not increased since the initial implementation of the fee structure in 1990.
Wisconsin Emergency Management has been successful in stretching dwindle dollars over the years but projections indicate that a change in fees is necessary to avoid substantial reductions of services at the county and state levels of emergency management.
The fees collected fund the grant program which assists county emergency management with planning, response, exercising and training activities as they relate to accidental or purposeful release of hazardous materials, hazardous substances or extremely hazardous substances.
The fees collected fund planning, response, exercise and training activities by the state which supports county emergency management activities.
The changes in this emergency rule will fund the program at the present level for one year to ensure that citizens are protected from the affects of accidental or purposeful release of chemicals at the present level. The permanent rule is being drafted.
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 $800 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 $
800945 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, $150180. Facilities with an actual maximum daily amount of 100,000 or more, $180210
(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, $300355. Facilities with an actual maximum daily amount of 100,000 or more, $360
425.
(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, $450530. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $540635.
(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, $550650. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $660780.
(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, $650765. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $780920.
(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, $750885. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $9001060.
(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, $8501005 Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $10201205.
(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, $9501120. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $11401345.
(i) For temporary construction facilities, $2024.
(j) For batch plants, $2024.
Note: Facilities that have submitted Tier II and Inventory Fee Statements in 2008 for chemicals in 2007 will receive preprinted forms in the mail on or about January 1, 2009. These forms can also be obtained through the Wisconsin Emergency Management website at
emergency management@wisconsin.gov or call 608-242-3221.
The Wisconsin Division of Emergency Management proposes an order to amend WEM 1.03 and WEM 1.04 relating to fees.
Analysis Prepared by Wisconsin Emergency Management
Statutes interpreted
Sections
166.20 generally, 166.20 (5), 166.20 (7), and 166.21 Stats.
Statutory authority
Sections
166.20 generally, 166.20(5), and 166.20(7) Stats.
Explanation of agency authority
The Department of Military Affairs, through its Division of Emergency Management (WEM)/State Emergency Response Commission, is required under s.
166.20 (7), Stats. to promulgate and adopt rules establishing a one-time fee when a facility makes the planning notification requirement under s.
166.20 (7) (a) 1. The Division of Emergency Management is also required under s.
166.20 (7) to promulgate and adopt rules establishing an annual inventory fee when a facility submits the emergency and hazardous chemical inventory forms required under s.
166.20 (5) (a) (3).
Related rule or statute
There are no other related statutes or rules other than those listed above.
Plain language analysis
The proposal to amend WEM 1.03 and WEM 1.04 (7) (a) through (j) would establish fee revisions to facilities housing hazardous chemicals and extremely hazardous substances as defined in WEM 1.02 (5).
The federal government created and adopted the Emergency Planning and Community Right-to-Know Act (EPCRA) 22 years ago and required states to participate with emergency planning, response, exercising and training. Since Wisconsin is a home rule state, the responsibility to plan for chemical emergencies falls to local units of government/Local Emergency Planning Committees (LEPCs). To alleviate the burden of another unfunded mandate to local government, the legislature implemented a fee collection program to facilities which store hazardous materials and extremely hazardous substances. WEM was instructed by the legislation to implement a fee structure in order to fund the program. The current fee structure was implemented in 1990 and has not been modified since its inception. The fees collected are designated to fund the grant program to counties/LEPCs and a small portion is designated to WEM to fund programs designed to assist local units of government.
Emergency planning needs have evolved and become more complex since the initial implementation of EPCRA. Planning for and emergency response to accidental and purposeful releases of dangerous chemicals will be compromised by a significant reduction of money available to fund activities at the county level of emergency management. County emergency management agencies will be unable to protect citizens and to fully comply with state and federal laws if adequate funds are not available to counties to support the grant program. Wisconsin Emergency Management would also experience substantial reductions in capabilities to assist local units of government.
Facilities and certain small businesses which have 10 or more full-time employees and submit emergency planning notification when the threshold planning quantity of an extremely hazardous substance is present must submit a one-time fee. Facilities and certain small businesses which have 10 or more full-time employees and store hazardous chemicals must submit an annual fee based on the types and numbers of chemicals present.
Wisconsin Emergency Management (WEM) has been successful in stretching dwindle dollars over the years but projections indicate that a change in fees is necessary to avoid substantial reductions of services at county and state levels of emergency management.
The fees assessed to facilities would increase by 35%. Fees have not increased since the initial implementation of the fee structure in 1990. It is anticipated that the fee revision will fund the program for through the year 2014
Comparison with rules in adjacent states
Illinois:
Does not have a fee assessed to facilities.
Iowa:
Does not have a fee assessed to facilities.
Michigan:
Does not have a fee assessed to facilities.
Minnesota:
The EPCRA Program collects fees related to hazardous materials storage and release. The fees are used to prepare communities for emergencies that are the result of hazardous materials incidents/accidents.
A. The hazardous Chemical Inventory Fee
1. Facilities reporting the storage of hazardous materials under Section 312 of the federal EPCRA law are required to pay a fee based on the number of chemicals they store. Fees range from $25.00 to $1,000.00 within 3 categorical fee ranges.
B.
The Hazardous Materials Incident Response Act Fee
1.
Minnesota law authorizes the establishment of up to five Regional Hazardous Materials Response Teams and creates fee structure to support these teams.
