Scope Statements
Dentistry Examining Board
Subject
Revises Chapter
DE 2, relating to continuing education requirements for dentists and dental hygienists in Wisconsin.
Objective of the Rule
Policy Analysis
The statute provides an outline of the continuing education requirement. Rules are needed to provide more specific guidance as to compliance with the law.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
The Dentistry Examining Board, the Wisconsin Department of Regulation and Licensing, dentists, dental hygienists and continuing education providers.
Estimate of Time Needed to Develop the Rule
It is estimated that 100 hours will be needed to promulgate the rule.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapters
NR 404 and
438, relating to the new National Ambient Air Quality Standards for ozone and lead.
Objective of the Rule
Under the federal Clean Air Act, the US Environmental Protection Agency (EPA) has responsibility for promulgating National Ambient Air Quality Standards (NAAQS) which are designated to protect public health (primary standards) and public welfare (secondary standards). Under state law, if EPA promulgates a NAAQS, the Department is required to promulgate a similar, but no more restrictive standard. The EPA has recently promulgated new NAAQS for ozone and lead. In order to reflect current air quality health science and to maintain consistency with EPA-promulgated NAAQS, the Department is proposing to adopt EPA's newly promulgated NAAQS for ozone and lead into ch.
NR 404, Wis. Adm. Code, and to incorporate the revised lead reporting requirements into ch.
438, Wis. Adm. Code.
Policy Analysis
The Clean Air Act requires EPA to review the latest scientific information and standards every five years. Based on its conclusion that the more restrictive 8-hour ozone standard provides greater protection of public health, the EPA promulgated an 8-hour ozone NAAQS in 1997. In 2008, EPA significantly strengthened the 8-hour ozone NAAQS for ground-level ozone. The Department is now proposing to adopt the 2008 8-hour ozone NAAQS. The 2008 ozone standard provides even greater public health protection than did the 1997 ozone standard.
Based on its review of the air quality criteria and NAAQS for lead, EPA has revised the primary and secondary NAAQS for lead to provide requisite protection of public health and welfare respectively. By adopting the revised lead NAAQS, Wisconsin's air quality standards will be consistent with EPA's NAAQS.
As required by s.
285.21 (1) (a), Stats., Wisconsin must promulgate ambient air quality standards similar to the NAAQS for the protection of public health and welfare. Consequently, there are no apparent policy alternatives to this proposed action.
Statutory Authority
Comparison with Federal Regulations
A major purpose of this proposed rules package is to amend Wisconsin's ambient air quality standards in order to be consistent with the NAAQS, which are contained in Title 40, Part 50 of the Code of Federal Regulations (
40 CFR part 50). This consistency is required under s.
285.21 (1) (a), Stats.
Entities Affected by the Rule
Sources are not directly affected by adopting the NAAQS. They however may be affected if control programs are necessary to attain the NAAQS in the future. Due to a change in the reporting requirements, lead sources may have to report lead emissions that some have not previously reported.
Estimate of Time Needed to Develop the Rule
Approximately 382 hours of agency staff time is being budgeted to this proposed rule action.
Contact Information
Muhammed R. Islam
WI DNR Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: 608-264-9219
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapter
NR 422, relating to updating reasonably available control technology for volatile organic compound emissions from miscellaneous metal and plastic parts coating, industrial adhesives, and automobile and light-duty truck assembly coating.
Objective of the Rule
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compound (VOC) emissions in moderate and worse ozone nonattainment areas, for which the US EPA has published a Control Techniques Guideline (CTG) document. In October of 2008, the US EPA published several new CTG documents (
http://www.epa.gov/ ttn/naaqs/ozone/ctg_act/index.htm). DNR must revise ch.
NR 422 to set VOC RACT requirements consistent with the new CTG documents in Wisconsin's ozone nonattainment areas. The rule revisions are necessary to avoid potential federal sanctions, including withholding of federal highway funds, and implementation of a federal plan instead of State rules. Amendments to other chapters may also be necessary to accomplish the purpose of the RACT rule.
Policy Analysis
The source categories for which the US EPA has published a CTG document and for which Wisconsin needs to update VOC RACT rules are:
1. Miscellaneous Metal and Plastic Parts Coatings.
2. Miscellaneous Industrial Adhesives.
3. Automobile and Light-Duty Truck Assembly Coatings.
Since the Bureau of Air Management anticipates proposing rules substantially consistent with US EPA guidelines, it does not expect to encounter major policy decisions. Some minor deviations from the recommendations in the US EPA's guidelines may be necessary to improve implementation in Wisconsin.
Statutory Authority
Section
285.11 (6), Wis. Stats., requires DNR to develop a plan for the prevention, abatement and control of air pollution. With limited exceptions, the rules or control strategies for ozone control must conform to the federal Clean Air Act.
Comparison with Federal Regulations
To guide the states' VOC RACT rule development, the US EPA has developed CTG documents for use in establishing applicability criteria and emission limits for RACT rules. DNR's rule development will be based on and consistent with the US EPA guidance documents, but some minor changes from the US EPA's guidelines may be necessary to improve implementation in Wisconsin.
Entities Affected by the Rule
Affected parties include industrial sources in the various identified categories. Since the emissions applicability threshold recommended by the US EPA is well below that of the major source level, small businesses in the miscellaneous metal and plastic parts coatings and miscellaneous industrial adhesives categories may be affected. It is not likely that small businesses are in the automobile and light-duty truck assembly coatings category.
Estimate of Time Needed to Develop the Rule
A total of about 485 hours is needed for drafting and internal review.
Contact Information
Jon Loftus
Wisconsin Department of Natural Resources
101 S. Webster Street, AM/7
Madison, WI 53707-7921
Phone: 608-264-8868
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapter
NR 424, relating to establishing reasonably available control technology for volatile organic compound emissions from fiberglass boat manufacturing.
Objective of the Rule
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compound (VOC) emissions in moderate and worse ozone nonattainment areas, for which the US EPA has published a Control Techniques Guideline (CTG) document. In October of 2008, US EPA published a new CTG document for fiberglass boat manufacturing (
http://www.epa.gov/ttn/naaqs/ozone/ctg_ act/index.htm). DNR proposes to revise ch.
NR 424 to set VOC RACT requirements consistent with the new CTG document in Wisconsin's ozone nonattainment areas. The rule revisions are necessary to avoid potential federal sanctions, including withholding of federal highway funds, and implementation of a federal plan instead of State rules. Amendments to other chapters may also be necessary to accomplish the purpose of the RACT rule.
Policy Analysis
Since the Bureau of Air Management anticipates proposing rules substantially consistent with US EPA guidelines, it does not expect to encounter major policy decisions. Some minor changes to US EPA's guidelines may be necessary to improve implementation in Wisconsin.
Statutory Authority
Section
285.11 (6), Wis. Stats., requires DNR to develop a plan for the prevention, abatement and control of air pollution. With limited exceptions, the rules or control strategies for ozone control must conform to the federal Clean Air Act.
Comparison with Federal Regulations
To guide the states' VOC RACT rule development, the US EPA has developed CTG documents for use in establishing applicability criteria and emission limits for RACT rules. DNR's rule development will be based on and consistent with the US EPA guidance document, but some minor changes from the US EPA's guidelines may be necessary to improve implementation in Wisconsin.
Entities Affected by the Rule
Affected parties include industrial sources in the identified category. There appears to be six facilities involved in boat manufacturing. The department has identified two of these six facilities that may be small businesses. However, boat manufacturing is only a small part of overall operations at these two facilities. Therefore, it is uncertain at this time if any small business will be affected.
Estimate of Time Needed to Develop the Rule
A total of about 485 hours is needed for drafting and internal review.
Contact Information
Jon Loftus
Wisconsin Department of Natural Resources
101 S. Webster Street, AM/7
Madison, WI 53707-7921
Phone: 608-264-8868
Regulation and Licensing
Subject
Revises Chapters
RL 160 through
168, relating to certified substance abuse treatment professionals including substance abuse counselors, clinical supervisors, and prevention specialists.
Objective of the Rule
Amendments will be made for purposes of redrafting for consistency, readability and organization, adding or updating definitions common to the profession, restructuring chapter content, and removal of redundant language. In addition, the Department may address policy issues through additional changes to the administrative rules governing certification requirements, reciprocity, scope of practice and applicability, examinations required for certification, education approval and continuing education.
Policy Analysis
The current rules as established are the result of the initial, large-scale rule-writing effort. Since the promulgation, a number of areas within the rules have been identified as redundant, confusing and/or overly complex.
In addition to redrafting for readability and consistency, the Department may wish to consider addressing scope of practice issues, including when a person is required to hold a credential, what services they may provide without a credential, clarification on usage of title, and what services are considered the scope and practice of a certified substance abuse counselor. Such changes are under the purview of s.
440.88, Wis. Stats. For certification by reciprocity, the current rules allow those with IC&RC reciprocal credentials to transfer into Wisconsin; consequently, the rules appear to limit the Department's acceptance of those applying with non-ICRC credentials, which may have equivalent or greater training and experience. For examinations required for certification, the Department adheres to IC&RC standards, and as such, exclusively requires IC&RC practice competency examinations for the prevention specialist, clinical supervisor and substance abuse counselor certifications. If the Department is testing for minimum competency necessary for safe practice, there may be additional testing instruments available and worthy of consideration.
Statutory Authority
Section
227.11 (2), Stats., and subchapter VII of Chapter
440, Stats.
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.
Entities Affected by the Rule
Those certified, or attempting to obtain certification under s.
440.88, Stats., as any level of prevention specialist, substance abuse counselor, or clinical supervisor.
Estimate of Time Needed to Develop the Rule
Total hours: 400.
