Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 662, 2/28/2011

Rule-Making Notices

Notice of Hearings

Natural Resources

Fish, Game, Forestry, Recreation, Chs. NR 1—

CR 11-006, CR 11-007

DNR # WM-01-11, DNR # FH-03-11

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.039, 29.041, 29.053, 29.531, and 29.533, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters NR 20, 23 and 26, Wis. Adm. Code, relating to fishing on the inland, outlying, and boundary waters of Wisconsin. The proposed rules will:

CR 11-006

1.   Establish a continuous hook and line fishing season for cisco (lake herring), whitefish, and hybrids in the Wisconsin-Michigan boundary waters with a possession and daily bag limit of 10 in total and no size limit.

2.   Require using a quick-strike rig when fishing with a 10-inch or longer minnow as bait.

3.   Increase the statewide minimum size restriction to 40 inches for muskellunge on all waters currently at a 34-inch minimum size restriction and decrease the minimum size restriction to 28 inches for muskellunge on ten waters: English and Mineral lakes (Ashland county), Bearskin, Booth, Julia, and Squaw lakes (Oneida county), Butternut and Solberg lakes (Price county), Spider lake (Sawyer county), and Upper Gresham lake (Vilas county).

4.   Increase the minimum size restriction from 15 to 18 inches and decrease the daily bag limit from 5 fish to 3 fish in aggregate for walleye, sauger, and hybrids for all waters in 19 southern Wisconsin counties (Columbia, Dane, Dodge, Grant, Green, Iowa, Jefferson, Kenosha, Lafayette, Milwaukee, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Walworth, Washington, and Waukesha counties), and Lake Michigan tributaries and waters south of a line due east from the eastern terminus of Waldo boulevard in the City of Manitowoc. The minimum size restriction for walleye in the Kickapoo river downstream of the Gays Mills dam (Crawford county) will also change to 18 inches with a 15-inch minimum size restriction on sauger and hybrids in order to be consistent with Lower Wisconsin river regulations. The Mississippi and Wisconsin rivers (including Lake Wisconsin), Madison lakes including the Yahara River downstream to Dunkirk Dam, and Yellowstone Lake would not be affected by this proposal.

5.   Increase the minimum size restriction from 40 to 50 inches for muskellunge in Rice and Stump lakes (Barron county).

6.   Establish a protected slot for largemouth and smallmouth bass in Lilly lake (Brown county) that allows hook and line fishing from the first Saturday in May to the first Sunday in March, a daily bag limit of 3 in total, and no minimum length, except the possession of fish from 14 through 18 inches is prohibited and only 1 may be longer than 18 inches.

7.   Reduce the daily bag limit from 25 to 10 fish in aggregate for panfish in Lilly lake (Brown county).

8.   Eliminate the 15-inch minimum size restriction on walleye, sauger and hybrids in the Lower Fox river (Brown county) to make regulations consistent with the adjacent waters of the Lower Fox river (Outagamie and Winnebago counties).

9.   Eliminate the minimum size restriction for largemouth and smallmouth bass in all waters of Burnett County except Namekagon, St. Croix, and Totagatic rivers which would retain a minimum size restriction of 14 inches, and all waters of Washburn County except Balsam, Birch, Red Cedar and Shell lakes, Trego Flowage, and Namekagon and Totagatic rivers which would retain a minimum size restriction of 14 inches. The minimum size restriction is eliminated for all Burnett and Washburn county border boundary lakes and flowages and the dates of the open seasons do not change.

10.   Modify hook and line fishing for catfish in all waters of Green Lake and Marquette counties, which includes a continuous open season for channel catfish and an open season from the first Saturday in May to September 30 for flathead catfish; a daily bag limit of 25 in total but only 1 may be flathead catfish regardless of whether caught on hook and line, set or bank pole, or setline; and no minimum size restriction except 30 inches for flathead catfish and possession of flathead catfish from 36 to 42 inches is prohibited.

11.   Re-establish a closed area for set or bank pole and setline fishing for catfish within Lake Winnebago system waters from Lake Butte des Morts upstream to Eureka dam.

12.   Re-establish an open area for set or bank pole and setline fishing for catfish on the Fox river 500 feet above the first dam upstream from Princeton to Wicks Landing at Fox River Drive (Green Lake and Marquette counties) from the Saturday nearest May 20 to September 30. There will be no bag limit, but only 1 may be a flathead catfish regardless of whether caught on hook and line, set or bank pole, or setline, and no minimum size restriction except 30 inches for flathead catfish and possession of flathead catfish from 36 to 42 inches is prohibited.

13.   Alter the boundaries of an existing fish refuge on the Peshtigo river (Marinette county) because the existing privately-owned foot bridge boundary marker will be removed, and extend the end date of the fish refuge from May 15 to May 31.

14.   Increase the minimum size restriction from 40 to 50 inches for three spotted muskellunge brood stock lakes: Archibald and Anderson lakes (Oconto county), and Big Elkhart lake (Sheboygan county).

15.   Eliminate the current 14-inch minimum size restriction for largemouth and smallmouth bass, and increase the minimum size restriction from 15 to 18 inches and decreases the daily bag limit from 5 fish to 3 fish for walleye, sauger, and hybrids in the Minocqua Chain (Oneida county).

16.   Add the Appleton Memorial pond (Outagamie county), the Kohler-Andrae State Park pond (Sheboygan county), and the Delafield Rearing pond (Waukesha county) to the State's urban fishing program.

17.   Establish a year-round fish refuge in the Milwaukee river within the fishway at the Thiensville-Mequon dam, located at river mile 20 (Ozaukee county).

18.   Increase the minimum size restriction from 40 to 50 inches for muskellunge in Redstone lake (Sauk county).

19.   Decrease the minimum size restriction from 28 to 18 inches and increase the daily bag limit from 1 fish to 3 fish for walleye, sauger, and hybrids in Black Dan and Island lakes (Sawyer county).

20.   Establish a protected slot size for largemouth and smallmouth bass in Glen and Squaw lakes (St. Croix county) that allows hook and line fishing from the first Saturday in May to the first Sunday in March with a bag limit of 3 fish in total and no minimum length, but the possession of fish from 14 through 18 inches is prohibited, and only one may be longer than 18 inches.

CR 11-007

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.09 (2) (p), 23.11, 29.011, 29.014, 29.059 and 29.089 Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters NR 10 and 45, Wis. Adm. Code, relating to hunting, trapping, and the management of Department lands. The proposed rules will:

21.   Repeal the sunset of a two year trial period for the extended fall turkey hunting season so that this December hunt will become permanent.

22.   Extend each of the six consecutive five day spring turkey hunting seasons by two days. New seasons would run from Wednesday through the following Tuesday.

23.   Eliminate the archery deer hunting season closure during the traditional November nine day gun deer season.

24.   Repeal the requirement that elk hunters must wear blaze orange except when a firearm deer season is open.

25.   Establish a September firearm and archery hunting season for elk. The season would run concurrently with the first 30 days of the archery deer hunting season.

26.   Allow a landowner, lessees or occupant of private land, or any other person with permission of the landowner, lessee or occupant, to shoot a cougar that is in the act of killing, wounding or biting a domestic animal and require that the carcass of the cougar be turned over to the Department. Department rules already allow landowners, lessees or occupants to shoot a wolf in the same situation, although the authority is currently pre-empted by federal rule. These sections clarify that, in addition to the landowner, lessee or occupant, the authority to shoot a wolf also applies to employees and family members should wolves be delisted at the federal level.

27.   Allow normal hunting hours for pheasants on weekends at stocked properties that otherwise close at 2:00 p.m.

28.   Require that, if asked, bear hunters must provide carcass samples to the Department at the time of harvest registration for purposes of research.

29.   Allow the use of rifles, in addition to shotguns, for firearm deer hunting in all of Waupaca County.

30.   Allow firearm deer hunting at Copper Falls State Park during the traditional nine day and muzzleloader only seasons.

31.   Include Manitowoc, Pierce and St. Croix in the list of counties where the discharge of firearms on Department lands is prohibited except while hunting, dog training, or at established ranges.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on Monday, April 11, 2011, the Wisconsin Conservation Congress will hold its election of county delegates in each county. Upon completion of the delegate elections, the joint Spring Hearing/Conservation Congress meeting will convene to take comments on the foregoing rule modifications and Department and Conservation Congress advisory questions.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 11, 2011, at 7:00 p.m. at the following locations:

Adams   Adams County Courthouse
  County Board Room A230, 402 Main Street
  Friendship, WI 53934

Ashland   Ashland Senior High School
  1900 Beaser, Ashland, WI 54806

Barron   Old Barron County Courthouse
  Lower Level Auditorium, 330 E. LaSalle Ave.
  Barron, WI 54812

Bayfield   Drummond High School Auditorium
  52440 Eastern Ave., Drummond, WI 54832

Brown   Northeast Wis. Technical College (SC132)
  2740 W. Mason St., Green Bay, WI 54313

Buffalo   Alma High School Gymnasium
  S1618 STH 35, Alma, WI 54610

Burnett   Burnett County Government Center
  Room 165, 7410 County Road K
  Siren, WI 54872

Calumet   Calumet County Courthouse
  Rm. B025, 206 Court Street
  Chilton, WI 53014

Chippewa   Chippewa Falls Middle School Auditorium
  750 Tropicana Blvd.
  Chippewa Falls, WI 54729

Clark   Greenwood High School Cafeteria
  306 W. Central Ave., Greenwood, WI 54437

Columbia   Wayne E. Bartels Middle School
  2505 New Pinery Rd., Portage, WI 53901

Crawford   Crawford Co. Courthouse, Room 200
  220 N. Beaumont Rd.
  Prairie du Chien, WI 53821

Dane   Schwan Performing Arts Center
  Monona Grove High School
  4400 Monona Dr., Monona, WI 53716

Dodge   Horicon City Hall, 404 E. Lake St.
  Horicon, WI 53032

Door   Sturgeon Bay High School Auditorium
  1230 Michigan St., Sturgeon Bay, WI 54235

Douglas   Solon Springs High School
  8993 E. Baldwin Ave.
  Solon Springs, WI 54873

Dunn   Dunn County Fish and Game Club
  1900 Pioneer Ave., Menomonie, WI 54751

Eau Claire   South Middle School Auditorium
  2115 Mitscher Ave., Eau Claire, WI 54701

Florence   Florence Natural Resource Center
  5631 Forestry Dr., Florence, WI 54121

Fond du Lac   Theisen Middle School, 525 E Pioneer Rd.
  Fond du Lac, Wisconsin 54935

Forest   Crandon High School Auditorium
  9750 US HWY 8 West, Crandon, WI 54520

Grant   Lancaster High School, Hillary Auditorium
  806 East Elm St., Lancaster, WI 53813

Green   Monroe Middle School, 1510 13th Avenue
  Monroe, WI 53566

Green Lake   Green Lake High School, Small Gym
  612 Mill St., Green Lake, WI 54941

Iowa   Dodgeville High School Gymnasium
  912 Chapel Street, Dodgeville, WI 53533

Iron   Iron County Courthouse, 300 Taconite Street
  Hurley, WI 54534

Jackson   Black River Falls Middle School, LGI Room
  1202 Pierce Street
  Black River Falls, WI 54615

Jefferson   Jefferson County Fair Park Activity Center
  503 N. Jackson, Jefferson, WI 52549

Juneau   Olson Middle School Auditorium
  508 Grayside Avenue, Mauston, WI 53948

Kenosha   Bristol Elementary School
  20121 83rd Street, Bristol, WI 53104

Kewaunee   Kewaunee High School Auditorium
  911 Third Street, Kewaunee, WI 54216

La Crosse   Onalaska High School
  700 Hilltopper Place, Onalaska, WI 54650

Lafayette   Darlington High School Auditorium
  11838 Center Hill Road
  Darlington, WI 53530

Langlade   Antigo High School, Volm Theater
  1900 10th Ave., Antigo, WI 54409

Lincoln   Tomahawk Elementary School
  1048 East King Road, Tomahawk, WI 54487

Manitowoc   UW-Manitowoc Theatre/Auditorium
  705 Viebahn Street, Manitowoc, WI 54220

Marathon   D.C. Everest Middle School Auditorium
  9302 Schofield Avenue, Schofield, WI 54476

Marinette   Crivitz High School Auditorium
  400 South Avenue, Crivitz, WI 54114

Marquette   Montello High School Community Room
  222 Forest Lane, Montello, WI 53949

Menominee   Menominee County Courthouse Basement
  Courthouse Lane, Keshena, WI 54135

Milwaukee   Nathan Hale High School
  11601 W. Lincoln Ave., West Allis, WI 53227

Monroe   Tomah Senior High School, Cafeteria
  901 Lincoln Ave., Tomah, WI 54660

Oconto   Suring High School, Cafeteria
  411 E Algoma St., Suring, WI 54174

Oneida   James Williams Middle School, Auditorium
  915 Acacia Lane, Rhinelander, WI 54501

Outagamie   Riverview Middle School Auditorium
  101 Oak St., Kaukauna, WI 54130

Ozaukee   Webster Middle School Commons
  W75 N624 Wauwatosa Road
  Cedarburg, WI 53012

Pepin   Pepin County Government Center
  County Board Room, 740 7th Ave. West
  Durand, WI 54736

Pierce   Ellsworth Senior High School Auditorium
  323 Hillcrest, Ellsworth, WI 54011

Polk   Unity High School, 1908 150th St. Hwy 46
  Balsam Lake, WI 54810

Portage   Ben Franklin Junior High School Auditorium
  2000 Polk St., Stevens Point, WI 54481

Price   Price County Courthouse Board Room
  126 Cherry St., Phillips, WI 54555

Racine   Union Grove High School Performance Ctr.
  3433 S. Colony Ave., Union Grove, WI 53182

Richland   Richland County Courthouse, Courtroom
  181 West Seminary
  Richland Center, WI 53581

Rock   Pontiac Convention Center
  2809 N Pontiac Dr., Janesville, WI 53545

Rusk   Ladysmith High School Auditorium
  1700 E. Edgewood Ave.
  Ladysmith, WI 54848

Saint Croix   St Croix Central High School Commons
  1751 Broadway St., Hammond, WI 54015

Sauk   UW Baraboo Sauk County, Lecture Hall A4
  1006 Connie Road, Baraboo, WI 53913

Sawyer   Hayward High School Auditorium
  10320 Greenwood Lane, Hayward, WI 54843

Shawano   Shawano Middle School, LGI Room
  1050 S. Union St., Shawano, WI 54166

Sheboygan   Sheboygan Falls High School Auditorium
  220 Amherst Ave.
  Sheboygan Falls, WI 53085

Taylor   Fair Grounds, Multi Purpose Building
  Hwy 64/ Hwy 13, Medford, WI 54451

Trempealeau   Whitehall City Center
  36245 Park St., Whitehall, WI 54773

Vernon   Viroqua High School Commons
  100 Blackhawk Drive, Viroqua, WI 54665

Vilas   St. Germain Elementary School
  8234 Hwy 70 West, Saint Germain, WI 54558

Walworth   Delavan-Darien High School
  150 Cummings St., Delavan, WI 53115

Washburn   Spooner Agricultural Research Station,
  W6646 Highway 70, Spooner, WI 54801

Washington   Washington County Fair Park
  3000 Cty Hwy PV, West Bend, WI 53095

Waukesha   Waukesha County Technical College
  Richard Anderson Ed. Center
  800 Main Street, Pewaukee, WI 53072

Waupaca   Waupaca High School Auditorium
  E 2325 King Rd., Waupaca, WI 54981

Waushara   Waushara County Court House
  2nd Floor Old Court Rm., 209 S. St. Marie St.
  Wautoma, WI 54982

Winnebago   Webster Stanley Middle School Auditorium
  915 Hazel Street, Oshkosh, WI 54901

Wood   Pittsville High School Auditorium
  5459 Elementary Avenue, Pittsville, WI 54466

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kari Lee-Zimmermann at [phone] with specific information on your request by April 4, 2011.

Copies of Proposed Rules and Submittal of Written Comments

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Ms. Kate Strom-Hiorns, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 11, 2011. Written comments whether submitted electronically or by U.S. mail will be summarized for the Natural Resources Board, however, they will not be tallied along with the responses received at the county hearings.

Effect on Small Business

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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

None of the proposed changes are expected to have fiscal impacts.

Agency Contact Person

Questions relating to proposed fishing regulations should be directed to:

Kate Strom-Hiorns

Bureau of Fisheries Management

[phone]

Questions relating to proposed hunting and trapping regulations should be directed to:

Scott Loomans

Bureau of Wildlife Management

[phone]

Notice of Hearings

Natural Resources

Fish, Game, Forestry, Recreation, Chs. NR 1—

CR 11-008

DNR # FH-50-10

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 29.014 (1), 29.041, 29.519 (1m) (b), and 227.11, Wis. Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter NR 25, Wis. Adm. Code, relating to the use and marking of commercial fishing trap nets in Lake Michigan and Lake Superior. Please note that this public hearing is intended to obtain input on alternatives or variations to the proposed rule for consideration by the Department and the Natural Resources Board.

Hearing Information

The hearings will be held on:

March 14, 2011 Monday at 5:00 p.m.	University of Wisconsin-Sheboygan 1 University Drive Sheboygan, WI 53081
March 16, 2011 Wednesday at 5:00 p.m.	Bayfield Lakeside Pavilion 2 East Front Street Bayfield, WI 54814

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copies of Proposed Rules and Submittal of Written Comments

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate, may also be obtained from William Horns, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Written comments on the proposed rule may be submitted via U.S. mail to William Horns. Comments may be submitted until March 18, 2011. 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.

Analysis Prepared by the Department of Natural Resources

Statutes interpreted

Sections 23.11 (1), 29.014 (1), 29.041, 29.519 (1m) (b), 227.11 (2) (a), and 30.74 (2) (a), Wis. Stats.

Statutory authority

Sections 29.014 (1), 29.041, 29.519 (1m) (b), and 227.11 Wis. Stats.

Summary of proposed rule

The proposed rule will:

1. Establish net-marking requirements for Lake Superior that are identical to the net-marking requirements for Lake Michigan.

2. Add the month of June to the summer period when no more than 3 entrapment nets may be used south of 44º52'30" by each licensed commercial fisher in Lake Michigan.

3. Change the times and locations when and where commercial trap nets may be used during the summer. Commercial trap nets would be allowed in areas within 5 nautical miles north and south of harbors at Two Rivers, Manitowoc, or Sheboygan only from Labor Day to May 31.

4. Revise net-marking requirements for Lake Michigan by requiring that staffs be marked with reflective tape and that the staff marking the inside or shallow lead end of the net be marked with a flashing amber light and a 48" diameter float.

The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Michigan and Green Bay or Lake Superior. Trap nets are not used in Illinois or Minnesota waters of the Great Lakes, and Iowa has no Great Lakes waters. The State of Michigan has uniform trap net marking requirements for all of its Great Lakes Waters (parts of Lakes Superior, Michigan, Huron, and Erie). Those net-marking requirements are similar but not identical to those proposed here for Wisconsin waters of Lakes Michigan and Superior. The Michigan Department of Natural Resources and Environment has the authority to limit trap netting by individual license holders if and when conflicts arise. Pursuant to that authority the MDNRE prohibits trap nets during June, July, and August in one area near Tawas on Lake Huron.

This rule is of interest to commercial fishers and was initiated in response to the expressed concerns of recreational fishers. The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, record audits of wholesale fish dealers and commercial fishers and follow up investigations of citizen complaints.

Effect on Small Business

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses. Small businesses engaged in commercial fishing and wholesale fish dealing may be affected by the rule. However, the Department currently has no basis for quantifying the economic impacts of the rule.

Small business regulatory coordinator

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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

The proposed rule changes the times and places where commercial trap nets may be used in Lake Michigan and changes net marking requirements for trap nets in both Lake Superior and Lake Michigan. The rule will have no fiscal impact at either the state or local level.

Agency Contact Person

William Horns

Department of Natural Resources

P.O. Box 7921

Madison, WI 53707-7921

Telephone: [phone]

E-mail: [e-mail]

Notice of Hearing

Natural Resources

Environmental Protection — Air Pollution Control,
Chs. NR 400—

CR 11-005

DNR # AM-44-10

NOTICE IS HEREBY GIVEN That pursuant to ss. 227.16 and 227.17, Stats., the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed revisions to Chapters NR 400, 419, 421, 422, 423, 439 and 484, relating to the correction of deficiencies identified by the U.S. Environment Protection Agency in reasonably available control technology rules for volatile organic compound emissions on the date and at the time and location listed below.

The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s. 285.11 (6), Stats., will be revised.

Hearing Information

Date and Time   Location

March 14, 2011   WI DNR Southeast Region Hdqrs.
Monday     Room 140-141
at 10:30 AM   2300 N. Dr. Martin Luther King Jr. Dr.
    Milwaukee, WI

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St, Madison, WI 53707; by E-mail to [e-mail]; or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Copies of Proposed Rules

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at http://www.dnr.state.wi.us/air/rules/calendar.htm . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St, Madison, WI 53703, or by calling [phone].

Submittal of Written Comments

Comments on the proposed rule must be received on or before March 24, 2011. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Joseph Hoch, DNR

Bureau of Air Management (AM/7)

101 S. Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet:   Use the Administrative Rules System Web site accessible through the link provided on the Proposed Air Pollution Control Rules Calendar at http://dnr.wi.gov/air/rules/calendar.htm

Analysis Prepared by Department of Natural Resources

Statute interpreted

Section 285.11 (1) and (6), Stats. The State Implementation Plan (SIP) developed under s. 285.11 (6), Stats., is revised.

Statutory authority

Sections 227.11 (2) (a) and 285.11 (1) and (6), Stats.

Explanation of agency authority

Section 227.11 (2) (a), Stats., gives state agencies general rule-making authority. Section 285.11 (1), Stats., gives the Department the authority to promulgate rules implementing and consistent with ch. 285, Stats. Section 285.11 (6), Stats., requires the Department to develop a plan for the prevention, abatement and control of air pollution. The plan must conform to the Clean Air Act and federal regulations for ozone control. These proposed rule revisions are necessary for federal approval of Wisconsin's SIP and consistent with s. 285.11 (6), Stats.

Related statute or rule

There are no related statutes that are not identified above.

Plain language analysis

The Department is required to implement volatile organic compound (VOC) reasonably available control technology (RACT) regulations in moderate or worse ozone nonattainment areas to comply with the federal Clean Air Act. Wisconsin's moderate ozone nonattainment counties include Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. VOC RACT rules were previously adopted by the Board on March 25, 2009 based on U.S. Environmental Protection Agency (EPA) Control Techniques Guideline (CTG) documents. The Bureau of Air Management understood that these rules would satisfy the federal requirements. However, on April 22, 2010, the U.S. EPA notified the Department of outstanding deficiencies. The U.S. EPA identified these deficiencies based on a comparison of the rules with their CTGs for various RACT categories.

Federally approved VOC RACT rules are required for Wisconsin's ozone SIP and are a prerequisite for redesignation of the state's remaining nonattainment areas for the 1997 8-hour ozone national ambient air quality standards (NAAQS) to attainment. The counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha constitute the current ozone nonattainment areas. In addition to a delay in the redesignation of these counties, an incomplete SIP could result in federal sanctions, including withholding of federal highway funds and the potential implementation of a federal air management plan.

In order to avoid federal sanctions and ensure timely redesignation of the state's remaining ozone nonattainment areas, the Department is proposing rule revisions for a portion of the current synthetic organic chemical manufacturing (SOCMI), industrial wastewater collection and treatment (IWCT) and industrial solvent cleaning VOC RACT rules. The Bureau of Air Management has convened stakeholder groups, including representatives from the potentially affected industrial sectors and the U.S. EPA, to discuss the need to revise the rules and the feasibility of complying with the proposed revisions.

Comparison with existing or proposed federal regulations

The Clean Air Act requires the Department to implement RACT for major VOC emission source categories in areas classified as moderate or worse for nonattainment of the ozone NAAQS. The U.S. EPA has published CTGs for several VOC RACT source categories. The Department is required to ensure the state's VOC RACT rules are consistent with these CTGs.

Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota)

VOC RACT rules are only required in states that have areas classified as moderate or worse for the ozone NAAQS. Iowa and Minnesota have no nonattainment areas and Michigan does not have any areas that are classified as moderate or worse. Illinois is in a similar situation as Wisconsin. The U.S. EPA has identified deficiencies with Illinois' current VOC RACT rules and they must be corrected to meet the requirements of the Clean Air Act.

Summary of factual data and analytical methodologies

The proposed rule revisions are based on the following U.S. EPA CTGs: (1) Automobile and Light-Duty Truck Assembly Coatings; (2) Flat Wood Paneling Coatings; (3) Flexible Package Printing; (4) Industrial Cleaning Solvents; (5) Industrial Wastewater Collection and Treatment Operations; (6) Large Appliance Coatings; (7) Metal Furniture Coatings; (8) Miscellaneous Industrial Adhesives; (9) Miscellaneous Metal and Plastic Parts Coatings; (10) Offset Lithographic Printing and Letterpress Printing; (11) Paper, Film, and Foil Coatings; and (12) Reactor Processes and Distillation Operations in SOCMI.

Analysis and supporting documents used to determine the effect on small business

Based on the control requirements, the applicability threshold for the rules and the relatively small number of facilities that will be subject to revised VOC RACT rules, there should be minimal, if any, impact on small businesses.

An economic impact report was not requested.

Effect on Small Business

The Department does not believe that the proposed rule revisions will have a significant economic impact for individual small businesses. For industrial solvent cleaning operations, the applicability threshold is 3 tons of actual VOC emissions from a facility on a 12 consecutive month rolling basis, with all control equipment inoperative. The Department believes that this threshold will not affect the majority of small businesses. Due to the nature and complexity of IWCT and SOCMI facilities it is highly unlikely that a small business, as defined in 227.114 (1), Stats., would have an operation that triggers the emission reduction requirements for those source categories in the proposed rule.

Small business regulatory coordinator

The Small Business Regulatory Coordinator may be contacted at [e-mail], or by calling [phone].

Environmental Impact

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate

State fiscal impact

The proposed rule revisions should not create a significant effect on state government because the majority of sources affected are already inspected, permitted and otherwise regulated by the Department. However, the Department estimates that these modifications to the industrial solvent cleaning rules will result in 75 tons per year (tpy) future reduction in reported VOC emissions. Therefore, the Department may lose up to $2,700 (75 tpy * $35.71/ton VOC) in emission fee revenue annually. The U.S. EPA control technology guidance (CTG) for industrial cleaning solvents estimates that there are 97 affected sources in Wisconsin with baseline VOC emissions from solvent use of 1,791 tpy. The Department concluded in Natural Resources Board Order AM-19-08 that implementation of recommendations in the industrial solvent cleaning CTG would result in an estimated 400 tpy future reduction in reported VOC emissions in Wisconsin. These proposed rule revisions to address the deficiencies identified by the U.S. EPA should only affect approximately 18 of the 97 facilities identified in the CTG. This is based on the number of participants at stakeholder meetings held by the Department in Milwaukee and Waukesha. Therefore, the Department estimates that proposed rule revisions will result in an estimated 75 tpy future reduction in reported VOC emissions rather than the U.S. EPA estimate of 1,791 tpy.

Private sector fiscal impact

The Department does not expect any large fiscal impacts to the private sector from the proposed revisions to the industrial solvent cleaning regulations. In fact, the U.S. EPA has stated in their industrial solvent cleaning CTG that affected sources may either incur minimal additional costs or realize a savings, depending primarily on facts such as how much they currently spend to operate with high-VOC content solvent. Based on Natural Resources Board Order AM-24-08, for the industrial wastewater facilities, if controls were necessary, 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, man holes, 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. However, the Department is not aware of any facilities that would be subject to these control requirements. The Department does not expect any large fiscal impacts to the private sector from the proposed SOCMI rule revisions because the rule changes are relatively minor.

Agency Contact Person

Joseph Hoch, DNR

Bureau of Air Management (AM/7)

P.O. Box 7921, Madison, WI 53707-7921

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]