Scope Statements
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on May 29, 2012.
Rule No.
WM-15-12 and WM-16-12 (E), Chapter
NR 10.
Relating to
Amending Chapter
NR 10 to establish that coyote hunting is allowed during firearm deer seasons in Wolf Management Zone 1.
Rule Type
Both permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
Non-statutory provisions in SECTION 21 of 2011 ACT 169 require the department to submit rules necessary for implementation or interpretation and establish that the department is not required to make a finding of emergency.
Detailed Description of the Objective of the Proposed Rule
The coyote hunting season is currently closed at times when firearm deer seasons are open in Wolf Management Zone 1. This rule would open the coyote season.
Under this proposal, wolves would continue to be protected during the firearm deer season and harvest would only be allowed by a person who possesses a valid wolf harvesting license.
The current closure was established when wolves were listed in Wisconsin and federally as an endangered species, to prevent incidents of misidentification by people who intended to harvest coyotes. The closure is no longer needed for protection of the wolf population and this coyote hunting opportunity can be restored. The wolf population has expanded and packs are established in many areas outside of Wolf Management Zone 1, where the current coyote season closure has never been in effect.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Policies relevant to the rule are consistent with existing policies for hunting. Coyote harvest is currently and has historically been allowed during firearm deer seasons outside of Zone 1 and this does not seem to have impacted wolf management in those areas. The department has regulations in place establishing open and closed seasons or continuous open seasons for many established species.
Detailed Explanation of Statutory Authority for the Rule
Opening the coyote hunting season at times when a firearm deer season is also open is specifically authorized under 29.185 (5) (d) which was created by 2011 ACT 169.
Non-statutory provisions of 2011 ACT 169 exempt the department from making a finding of emergency in promulgating any rules that are necessary to implement the ACT.
The department is also directed by s.
29.014, Wis. Stats., to establish regulations for the taking of game that conserve populations, including coyotes, and provide opportunities for good hunting.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Fewer than 20 additional hours of effort will be needed to expand the coyote hunting season. The department is already actively promulgating rules to implement 2011 ACT 169 and promulgating this additional rule can be part of the ongoing effort.
List with Description of all Entities that may be Affected by the Proposed Rule
Coyotes are commonly harvested incidentally by deer hunters during the firearm deer season. Expanding that opportunity to hunters in Wolf Management Zone 1 will increase opportunity for those hunters and they are the only people who are likely to be affected by the proposed rule.
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses and no design or operational standards are established in the rule.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The department is not aware of any existing or proposed federal regulations related to coyote hunting.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The department does not anticipate any economic impact from implementing this proposal. During the firearm deer season, hunters are primarily pursuing deer and that is what drives a person's decision to participate. Hunters may appreciate the opportunity to harvest a coyote incidentally to their deer hunting activities, but the opportunity is not anticipated to have any impact on hunter participation or their related activities and expenditures.
Contact Person
Scott Loomans, Wildlife Regulation Policy Specialist, 101 South Webster St., Madison, WI 53707. (608) 267-2452,
scott.loomans@wisconsin.gov.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
This statement of scope was approved by the governor on May 29, 2012.
Rule No.
Relating to
Revisions to Chapter
NR 106 related to the Wisconsin's Pollutant Discharge Elimination System Permit (WPDES) Program for the purpose of making the rules consistent with federal regulations (Rule Package #4).
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The proposed rule will include changes to Chapter
NR 106 to address some of issues raised by U.S. Environmental Protection Agency (EPA) in a July 18
th 2011 letter. In the letter, EPA identified 75 potential inconsistencies between Wisconsin's state statutory or regulatory authority and federal regulations. The proposed changes to Ch.
NR 106 will address some of the issues included in EPA's letter and will also include other related minor clarifying changes and corrections. Any proposed changes to current practices are discussed below. The proposed changes to Ch.
NR 106 include changes related to acute limit calculations, the allowance for extended compliance schedules for tier II value based limitations, ammonia water quality based effluent limitations, time periods for expression of certain water quality based effluent limitations, chloride water quality based effluent limitations, alternative limitations when test methods are not sufficiently sensitive, whole effluent toxicity testing (WET) reasonable potential procedures and other WET issues, and TMDL procedures required under the Great Lakes Initiative federal regulations. It should be noted that the department will be proposing a total of eight packages to address most of the 75 issues identified in EPA's July 18
th letter. The department combined issues together based on subject matter. There will be other packages that include revisions to Ch.
NR 106.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Chapter
NR 106 will be modified to address the following specific issues identified by EPA in its July 18, 2011 letter:
•
Issue #10 – Revisions regarding the Great Lakes Initiative and its impact on Total Maximum Daily Loads (TMDL), waste load allocations (WLA), determining reasonable potential and establishing water quality-based effluent limits (WQBEL). These requirements already apply directly to Wisconsin waters in the Great Lakes basin because EPA overpromulgated the procedures for Wisconsin waters in
40 CFR 132.6(h).
•
Issue #28 – Revise rule for calculating acute toxicity limits (would not affect strictness of limits when viewed in context with chronic toxicity limits).
•
Issue #32 – Revise language addressing compliance schedules for limits based on “secondary" values in Great Lakes Basin permits.
•
Issues #31, #35, #36, #37 and #38 – Ammonia rule language clarifications regarding compliance schedules, water quality based effluent limits and variances.
•
Issues #2, #30, #34, #41 – Language clarifications addressing the expression of contaminant limits, including the duration of time over which limits for toxic substances are expressed, mass limitations, chloride effluent limits, ammonia effluent limits, contaminants in intake water and internal waste streams.
•
Issues # 39, #40, #42 and #43 – Chloride rule language clarifications addressing variances, water quality based effluent limits, Whole Effluent Toxicity (WET) Testing and chlorinated source water.
•
Issue #70 – Rule changes regarding alternative limits.
•
Issue #74 – Language clarification regarding Whole Effluent Toxicity (WET) testing. This rule will result in procedural changes, including an increase in testing requirements following failed WET tests.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The purpose of this proposed rule package is to ensure that Wisconsin's WPDES permit program is consistent with federal regulations. Stat. s.
283.11 (1) states that the department shall promulgate by rule effluent limitations, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards for any category or class of point sources established by the U.S. environmental protection agency and for which that agency has promulgated any effluent limitations, toxic effluent standards or prohibitions or pretreatment standards for any pollutant. Subject to a few exceptions, Wis. Stat. s.
283.11 (2) further states that rules must comply with and not exceed federal law and regulations. Wis. Stat. s.
283.11 clearly provides rulemaking authority for this rule package. Additional authority is discussed below.
Section
283.55 (1) (d) provides the department with rulemaking authority for effluent sampling methods. Section
283.55 (1) (e) requires that permittees provide any other information to the department that is needed to determine the type and quantity of pollutants discharged.
Wisconsin Stat. s.
283.15 provides the department with authority for rules on variance procedures.
In addition, s.
283.31 (3) and
(4), Stats., states that the department may issue a permit upon condition that the permit contains limitations necessary to comply with any applicable federal law or regulation, state water quality standards and total maximum daily loads. Wis. Stat. s.
283.13 (5) states that the department shall establish more stringent limitations than required under subs. (2) and (4) (technology based requirements) and shall require compliance with such limitations in any permit issued, reissued or modified if these limitations are necessary to meet applicable water quality standards, treatment standards, schedules of compliance or any other state or federal law, rule or regulations. All of these explicit statutory requirements in combination with s.
227.11 (2) provide the department with authority to promulgate rules that are consistent with federal regulations.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
To comply with the requirements noted by U.S. EPA in its July 2011 letter, it is estimated that rule development will require staff time of about 600 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Publicly-owned Treatment Works (POTW) facilities and other facilities requiring Wisconsin Pollutant Discharge Elimination System (WPDES) permits may be affected by the proposed rule.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The proposed changes in this rule will bring Wisconsin Administrative Code Ch.
NR 106 into compliance with federal regulations
40 C.F.R. s. 122 and with the Federal Clean Water Act.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Many of the rule changes are not substantive, as the changes would merely clarify language without changing current interpretation or departmental procedures. Potential increases in the frequency of sample collection and the amount of water quality tests conducted, including increases in WET testing are expected to have a moderate economic impact on small businesses.
Contact Person
Peggy Wischhoff (608) 267-7627.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs.
NR 200—
This statement of scope was approved by the governor on May 29, 2012.
Rule No.
Relating to
Rule revisions related to the Wisconsin Pollutant Discharge Elimination System (WPDES) Permit Program to ensure that permit limitations and requirements are consistent with federal regulations (Rule Package #5).
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
On July 18, 2011, the department received a letter from EPA identifying seventy five questions or potential inconsistencies with Wisconsin's authority to administer its National Pollutant Discharge Elimination System (NPDES) approved program. In the letter, EPA stated that the department must either demonstrate that it has adequate authority to administer the program for the seventy five issues, or promulgate rules or enact statutory language clarifying the department's authority. In response to the questions and comments, the department proposed a broad based approach that included rulemaking, statutory changes, a demonstration of authority through an Attorney General's statement, and an addendum to Memorandum of Agreement.
For the rule making component of this broad based approach, the department is proposing eight different rule packages to address some of the listed concerns. Four of the rule packages have already initiated the rule making process. The department had begun addressing the issues in the four rule packages prior to EPA's letter because the department was aware that rule revisions were needed for consistency with federal regulations.
In addition to the rule packages already started, the department is proposing four additional rule packages to address EPA's concerns and this proposed rule is one of the four. The department has compiled the issues into packages based on either subject matter or rule chapter. Each proposed rule packages will also include minor clarification changes to affected chapters.
This proposed package will address some of the issues raised in EPA's July 18
th letter, and includes revisions to Chapters
NR 106,
200,
205,
210, and
220 through
296. The purpose of the proposed changes is to ensure that the state's regulations are consistent with federal regulations. Specifically, the proposed rules will address EPA's issues regarding Technology Based Limits, New Source Performance Standards (NSPS), Expression of Limits in Permits and other limitation provisions in
40 CFR 122.45, Mass limits in Permits, General Reasonable Potential Procedures, Pollutants in the Intake for Technology Based Limits, Best Management Practices in Permits, General Compliance Schedule provisions, Permit Application requirements for Industrial dischargers, and Intake requirements for new facilities under CWA (316(b)). Minor corrections, reorganization and clarifying changes may also be made to Chapters
NR 106,
200,
205,
210, and
220 through
296 to incorporate the federal changes.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
In the July 18, 2011 letter, EPA notified Wisconsin that changes must be made to state rules or statutes to ensure consistency with federal laws and regulations for the NPDES permit program, or alternatively, the state must demonstrate that it has adequate authority (through an Attorney General's Statement or other information). For all of the issues addressed in this rule package, the department determined that rule changes should be made so state rules for the WPDES permit program are more specific and clearly consistent with the federal regulations specified below.
For most of the issues addressed in the proposed rules, the department has been issuing permits under state statutory provisions that are consistent with federal regulations. Therefore in most cases, there will be little change for permittees affected by these proposed rule changes. One exception may be EPA Issue involving expression of limits in permits. For some permits there may be added limits. Although there may be changes in how limits are expressed in some permits, the changes should not significantly impact a permittee's ability to meet the limits or the monitoring necessary to demonstrate compliance. The department continues to work on this issue with EPA.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wisconsin Stat. s.
283.11 (1) states that the department shall promulgate by rule effluent limitations, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards for any category or class of point sources established by the U.S. environmental protection agency and for which that agency has promulgated any effluent limitations, toxic effluent standards or prohibitions or pretreatment standards for any pollutant. Subject to a few exceptions, Wis. Stat. s.
283.11 (2) further states that rules must comply with and not exceed federal law and regulations. Wis. Stat. s.
283.11 clearly provides rulemaking authority for the majority of this rule package. Additional authority is discussed below.
Wisconsin Stat. s.
283.37 (1) specifies that the department shall promulgate rules relating to applications for permits under this chapter which shall require at a minimum that every owner or operator of a point source discharging pollutants into the waters of the state shall have on file either a completed permit application on forms provided by the department or a completed permit application under section 13 of the rivers and harbors act of 1899,
33 USC 407 or under the federal water pollution control act, as amended,
33 USC 1251 to
1376. This statutory provision provides rulemaking authority related to permit applications.
Wisconsin Stat. s.
283.55 (1) (d) provides the department with rulemaking authority for effluent sampling methods. Section
283.55 (1) (e) requires that permittees provide any other information to the department that is needed to determine the type and quantity of pollutants discharged.
Wisconsin Stat. s.
283.13 (1) states that the department shall promulgate a list of categories and classes of point sources which is at least as comprehensive as the list appearing in applicable federal laws. One of the proposed rule changes will update the list of categories and classes of point sources consistent with federal regulations. Wis. Stat. ss.
283.13 (2) – (4) requires compliance with treatment technology limitations. Wis. Stat. s.
283.19 states that the department shall promulgate by rule new source performance standards and Wis. Stat. s.
283.21 (1) provides authority for the department to promulgate by rule effluent standards.
In addition, Wis. Stat. ss.
283.31 (3) and
(4), state that the department may issue a permit upon condition that the permit contains limitations necessary to comply with any applicable federal law or regulation and state water quality standards. Wis. Stat. s.
283.13 (5) states that the department shall establish more stringent limitations than required under subs. (2) and (4) (technology based requirements) and shall require compliance with such limitations in any permit issued, reissued or modified if these limitations are necessary to meet applicable water quality standards, treatment standards, schedules of compliance or any other state or federal law, rule or regulations. Wis. Stat. s.
283.31 (6) states that any permit issued by the department my require that the location, design, construction and capacity of water intake structures reflect the best technology available for minimizing adverse environmental impacts. All of these explicit statutory requirements in combination with Wis. Stat. s.
227.11 (2) provide the department with authority to promulgate rules that are consistent with federal regulations. The purpose of these proposed rule changes is to include specific federal permit procedures and requirements that apply to state NPDES permit programs.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
500 hours of state employee time to develop the rule. The department will consult with permitted facilities and other interested groups as well as EPA in developing these rule revisions.
List with Description of all Entities that may be Affected by the Proposed Rule
Municipal and industrial wastewater dischargers with specific or general WPDES permits.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
This rule would make State rules consistent with federal regulations. Specifically, this rule will include revisions regarding the following federal statutes and regulations that were included in the July 18
th letter: Dissolved metal limits, limit duration, intake credits in limit calculations, internal waste streams and mass limits in
40 CFR 122.45 (EPA Issue #2); Federal New Source Performance Standards in
40 CFR 400 series (EPA Issue #7); General reasonable potential procedures for water quality based effluent limitations and narrative standards in
40 CFR 122.44(d) (EPA Issue #11); Best management practices in permits in
40 CFR 122.44(k) (EPA Issue # 13); Antibacksliding requirements in
33 USC 1342(o) and
40 CFR 122.44(l) (EPA Issue # 14); Compliance schedules in
40 CFR 122.47 (EPA Issue #15 and #31 and #32); Adjustment of technology effluent limits when part of wastewater is discharged in POTWs or land applied in
40 CFR 122.50 (EPA Issue # 20 and #2); Compliance schedules where landfill leachate is an issue in
40 CFR 122.47 (EPA Issue #29); Expedited variance procedures in
40 CFR 122.21(o) (EPA Issue #46); and Application requirements for existing manufacturing, commercial, mining, silvicultural discharger, aquatic animal production facilities, new sources, new discharges and cooling water intake structures in
40 CFR 122.21(g), (i), (k) and (r) (EPA Issue #61).
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The department believes there will be limited to moderate economic impacts of implementing the proposed rule because either: the state has already been implementing these requirements in permits through general statutory or regulatory authority, the regulatory changes are very minor or the regulations are not applicable to any permittees in Wisconsin. There are three issues that potentially have more impact. In a small number of cases, effluent limits may be added to permits for pollutants already limited in the permit with a different averaging period. Although there may be changes in how limits are expressed in some permits, the changes should not significantly impact a permittee's ability to meet the limits or the monitoring necessary to demonstrate compliance. The department continues to work on this issue with EPA. A second issue is Best Management Practices (BMP). The department believes it already has authority to require BMPs in permits and requires BMPs for storm water and CAFO permits but will make changes to rule to broaden BMP authority consistent with federal regulations. A third issue is reasonable potential to achieve narrative water quality standards. This issue could result in some cases of stricter requirements to control such things as objectionable deposits, scum or odor, but this is unlikely since the department already has the authority to consider exceedances of narrative standards in permit issuances. The department simply intends to clarify its authority.
For the purpose of this scope statement, the department has considered four aspects of the economic analysis: essence of rule, affected groups, response of affected groups and total costs.
Essence of Rule: The rule changes mainly to form of certain permit limits. For example, it might add a monthly average where previously the department had only required only a daily limit.
Affected Groups: Municipal and industrial wastewater dischargers with specific or general WPDES permits.
Response of Affected Groups: Affected groups will need to spend some resources (time, money) to implement any changes that are made to their permits based on any rule changes. These changes will occur over the next 10 years as permits are renewed.
Total Costs: We believe for all impacted permittees in the state the proposed rule will have less than $ 20,000,000 total implementation and compliance costs including any one time costs to adjust business practices and operations and ongoing costs for the future. Therefore we will analyze this proposed rule using a moderate solicitation period for economic analysis.
Contact Person
Keith Pierce 608 266-1198.
Natural Resources
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs.
NR 200—
This statement of scope was approved by the governor on May 29, 2012.
Rule No.
Relating to
The proposed rules involve the administration of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit program to ensure consistency with federal regulations related to processing of permits and other related permit issues (Rule Package # 6).
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
On July 18, 2011, the department received a letter from EPA identifying seventy five questions and potential inconsistencies between Wisconsin's statutory or regulatory authority to administer its National Pollutant Discharge Elimination System (NPDES) approved program and federal statutes or regulations. In the letter, EPA stated that the department must either demonstrate that it has adequate authority to administer the program for the seventy five issues, or promulgate rules or enact statutory language providing that authority. In response to the questions and comments, the department proposed a broad based approach that included rulemaking, statutory changes, a demonstration of authority through an Attorney General's statement, and an addendum to Memorandum of Agreement.
For the rule making component of this broad based approach, the department is proposing eight different rule packages to address some of the listed concerns. For four of the rule packages, the department has already initiated the rule making process. The department had begun addressing the issues in these rule packages prior to EPA's letter because the department was aware that rule revisions were needed for consistency with federal regulations.
In addition to the packages already started, the department is proposing four additional rule packages to address EPA's concerns of which this proposed rule is one. The department has compiled the issues into packages based on either subject matter or rule chapter. The proposed rule package may also include minor corrections and clarifying changes to the affected chapters.
This proposed rule package addresses 13 of the issues raised in EPA's July 18
th letter, and includes revisions to Chapters
NR 200,
201,
203, and
205. The purpose of the proposed changes is to ensure that the state's regulations are consistent with federal regulations as well as recent statutory revisions in
2011 Act 167. Specifically, the proposed rule package will address EPA's issues with state authority regarding permit processing issues and other permit issuance procedural matters. The federal issue in EPA's July 18
th letter and corresponding DNR rule chapters proposed for change are shown below.
Issue Description
40 CFR Part Wis. Adm. Code
3 Process and reasons for permit modifications, 124.5(a),(c)(d) NR 203
terminations and revocation, and reissuances. 122.62 and 122.64
I8 Signatures and certification statement for 122.22(a),(b),(d) NR 205.07(1)(g)
permit applications.
21 Description of elements in fact sheets. 122.56 NR 201
22 Sending draft permits to agencies and others. 124.10 NR 203
45 Permits not a property interest, permit shield, 122.5 NR 205
etc. provisions.
47 Signatory to permit. 122.22 NR 205.07(1)(g)
48 Termination of permit for certain violations. 122.41(a) NR 205.07(1)(a)
49 Notification of facility changes. 122.41(1)(1)(i) NR 205.07(1)(q)(1)
50 Notice of intent to terminate permit. 124.5(a)-(d) NR 203
51 Public information hearing requests. 124.11 NR 203.05(2)(c)
62 Suspension of permits eliminated. 122.41(f) NR 205.07(1)(b)
65 Preparation of draft permit required. 124.6 NR 200.10
66 Fact sheet for every WPDES facility. 124.8 and 124.56 NR 201.01
Minor clarifications and corrections will also be made to these chapters. In addition, the department will revise the terms used throughout the chapter so that they are consistent with federal regulations, and include changes to incorporate recent statutory revisions in
2011 Act 167 for permit processing and notices (e.g. electronic notices, reissuance, revoked and reissuance, termination, and 14 day comment period for substantial changes to CAFO nutrient management plans).
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
In the July 18th letter, EPA notified Wisconsin that changes must be made to state rules or statutes to ensure consistency with federal laws and regulations for the NPDES permit program, or alternatively, the state must demonstrate that it has adequate authority (through an Attorney General's Statement or other information). For all of the issues addressed in this rule package, the department determined that proposing rule changes should be made so state rules for the WPDES permit program are more detailed and clearly consistent with federal regulations.
For most of the issues addressed in the proposed rules, the department has been issuing permits under state statutory provisions that are consistent with federal regulations. Therefore in most cases, there will be little change for the permittee affected by these proposed rule changes or other citizens. The issues in the proposed rule package are minor technical discrepancies that have little bearing on the administration of the WPDES program.
The proposed rule changes will include new requirements for electronic and web notices established pursuant to
2011 Act 167. Mandatory electronic notification is an added step for the department in the permit public notification process. Also, pursuant to
2011 Act 167, there are different notice procedures and comment periods for substantial changes to nutrient management plans of permitted concentrated animal feeding operations (CAFOS). These new state statutory requirements state that notices may be done electronically and state the department shall provide a 14-day period for comments and hearing requests on substantial changes to nutrient management plans. Allowing less than 30 days notice for these types of changes are consistent with federal regulations in
40 CFR 122.42(e)(6).
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The primary purpose of this proposed rule package is to incorporate specific federal NPDES permit procedures and requirements that apply to Wisconsin's WPDES permit program, and to include new permit processing requirements for the WPDES permit program in
2011 Act 167. Wis. Stat. s.
283.11 (1) states that the department shall promulgate by rule effluent limitations, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards for any category or class of point sources established by the U.S. Environmental Protection Agency and for which that agency has promulgated any effluent limitations, toxic effluent standards or prohibitions or pretreatment standards for any pollutant. Subject to a few exceptions, Wis. Stat. s.
283.11 (2) further states that rules must comply with and not exceed federal law and regulations. Wis. Stat. s.
283.11 clearly provides rulemaking authority for the majority of this rule package. Additional authority is discussed below.
Wisconsin Stat. s.
283.37 (1) specifies that the department shall promulgate rules relating to applications for permits under this chapter which shall require at a minimum that every owner or operator of a point source discharging pollutants into the waters of the state shall have on file either a completed permit application on forms provided by the department or a completed permit application under section 13 of the rivers and harbors act of 1899,
33 USC 407 or under the federal water pollution control act, as amended,
33 USC 1251 to
1376. This statutory provision provides rulemaking authority related to permit applications.
Wisconsin Stat. ss.
283.39 (1) and s.
283.41 state that the department shall promulgate by rule procedures for providing notice of permit applications and permit actions.
In addition, Wis. Stat. ss.
283.31 (3) and
(4) states that the department may issue a permit upon condition that the permit contains limitations necessary to comply with any applicable federal law or regulation and state water quality standards. Wis. Stat. s.
283.13 (5) states that the department shall establish more stringent limitations than required under subs. (2) and (4) (technology based requirements) and shall require compliance with such limitations in any permit issued, reissued or modified if these limitations are necessary to meet applicable water quality standards, treatment standards, schedules of compliance or any other state or federal law, rule or regulations. All of these explicit statutory requirements in combination with s.
227.11 (2) provide the department with authority to promulgate rules that are consistent with federal regulations.
Finally, the following list of sections in Chapter
283, Wis. Stats., in combination with s.
227.11 (2), Wis. Stats., provides the department with authority to promulgate rules that are consistent with federal regulations.
Wis. Stats. Description
283.49 Public hearing.
283.45 Fact sheets.
283.53 Permit duration, modification, revocation and reissuance.
283.63 Review of permits, decisions, terms and conditions.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
400 hours of state employee time to develop the rule package. The department will consult with permitted facilities and other interested groups as well as EPA in developing these rule revisions.
List with Description of all Entities that may be Affected by the Proposed Rule
•
Municipal wastewater treatment systems with individual or general WPDES permits.
•
Industries with individual or general WPDES permits.
•
Public participation procedures in the permit issuance process, including new procedures for substantial changes to the nutrient management plans for permitted CAFOs.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
This rule package will ensure state rules are consistent with federal regulations identified by EPA in its July 18th letter that are specified in section 2 above.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The department believes the economic impact would be minimal because the regulatory changes are very minor (insignificant impact on small businesses). Initially, there will be some additional work for department staff to establish procedures for electronic notices.
Contact Person
Paul W. Luebke
Bureau of Water Quality
608-266-0234
Natural Resources
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs.
NR 200—
This statement of scope was approved by the governor on May 29, 2012.
Rule No.
Relating to
Analytical test methods and procedures for analysis of wastewater samples.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
This rule change is necessary to comply with findings by the Environmental Protection Agency (EPA).
On July 28, 2011, the department received a letter (dated July 18, 2011) from EPA identifying seventy-five questions and potential inconsistencies between Wisconsin's statutory or regulatory authority to administer its National Pollutant Discharge Elimination System (NPDES) approved program and federal statutes or regulations.
DNR is taking a broad-based approach in response to EPA's letter. For the rule making component of this broad based approach, the department is proposing eight different rule packages to address some of the listed concerns. This is the eighth proposed rule package which is designed to address the ninth citation in EPA's July 18
th letter. After conferring with EPA, the department is proposing to respond to the ninth citation through revisions to Chapter
NR 219. The purpose of the proposed changes is to ensure that the state's regulations are consistent with federal regulations.
Specifically, the proposed rule package will address EPA's issues with the department rule incorporating SW 846 methods for wastewater sample analysis.
The EPA publication SW-846, entitled Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, is the waste division of EPA's official compendium of analytical and sampling methods that have been evaluated and approved for use in complying with the federal Resource Conservation and Recovery Act (RCRA) regulations. The DNR has allowed SW 846 methods for analysis of wastewater samples since 1995 because the methods are revised frequently and contain stringent quality control measures. However, EPA has requested that DNR remove from Chapter
NR 219 all references to allowing SW 846 methods as “approved" methods for analysis of wastewater samples. EPA has also requested that DNR update Chapter
NR 219 to incorporate analytical methods that have been federally approved in the Federal Register (
40 CFR 136).
Therefore, one objective of this rule change is to remove analytical methods that EPA has not approved for wastewater from the list of approved analyses in Chapter
NR 219. The other objective is to add methods that are currently allowed by EPA per
40 CFR Part 136 but are not included in Chapter
NR 219 at this time.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Chapter
NR 219 establishes analytical test methods, preservation procedures, requirements for laboratories, and procedures applicable to effluent limitations for discharges from point sources as authorized by ss.
299.11 and
283.55 (1), Stats. The proposed changes to this rule will remove SW 846 analytical methods that EPA has determined are not allowed for WPDES wastewater analyses. Chapter
NR 219 will also be changed to include methods now allowed by EPA under
40 CFR 136. In the July 18
th letter, EPA notified Wisconsin that changes must be made to state rules or statutes to ensure consistency with federal laws and regulations for the NPDES permit program, or alternatively, the state must demonstrate that it has adequate authority (through an Attorney General's Statement or other information). For all of the issues addressed in this rule package, the department determined that proposing rule changes should be made so state rules for the WPDES permit program are clearly consistent with federal regulations.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The purpose of this proposed rule package is to amend Chapter
NR 219, Wis. Admin. Code, to comply with specific federal NPDES testing requirements that apply to Wisconsin's WPDES permit program.
Wisconsin Stat. s.
299.11 (7) (b) authorizes the department to prescribe by rule the accepted methodology to be followed by certified laboratories in conducting tests. This section requires the department to attempt to prescribe this methodology so that it is consistent with any methodology requirements under federal law, including under the federal water pollution control act, as amended,
33 USC 1251 to
1376.
Wisconsin Stat. s.
283.31 (3) authorizes the department to issue permits for the discharge of any pollutant or combination of pollutants upon certain conditions, including that such discharges will meet effluent limitations, standards of performance for new sources, effluent standards, prohibitions, and pretreatment standards, and any more stringent limitations including those necessary to comply with any applicable federal law.
Wisconsin Stat. s.
283.55 (1) authorizes the department to prescribe by rule the methods, locations, and manner of sampling of effluents from each owner or operator of a point source who is required to obtain a permit under 283.31. Samples and test results are required to meet the requirements in Wisconsin Stat. s.
283.55 (1) to provide records to the department regarding, among other things, the volume of effluent discharged and the amount of each pollutant discharged from each point source under the owner's or operator's control.
Wisconsin Stat. s.
281.19 (1) authorizes the department to adopt rules applicable throughout the state for the construction, installation, use and operation of practicable and available systems, methods, and means for preventing and abating pollution of waters of the state. Chapter
NR 219 prescribes procedures and test methods for determining the concentration and quantities of pollutants discharged under WPDES permits.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
It will take state employees approximately 160 hours to develop the rule and other resources to make the changes required by the EPA.
List with Description of all Entities that may be Affected by the Proposed Rule
75 Commercial Analytical Laboratories – these are laboratories that analyze environmental (aqueous, solid and drinking water) samples for hire.
57 Industrial Analytical Laboratories – these are laboratories that are a part of an industry and analyze environmental samples on their own behalf.
245 Municipal Analytical Laboratories – these are laboratories owned by a municipality that generally do analysis of samples for the community's wastewater treatment facility.
10 Public Health/Public Water Utility Analytical Laboratories – these are generally county labs that support the public health department in that area and analyze primarily drinking water samples but may do some wastewater analyses.
WPDES Permittees – these are the permittees that have a WPDES permit which requires samples to be analyzed by approved methods.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
This rule package will ensure state rules are consistent with federal regulations identified by EPA in its July 18th letter that are specified in section 2 above.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
This rule change will not have a significant impact on any entities or small businesses. It will only change the options for the analytical methods that a laboratory can use to assess WPDES samples. There could be a small cost to laboratories that have been using the SW 846 methods that will no longer be allowed. The cost would be for obtaining copies of allowed methods, and staff time needed to update their methodology and change forms or other documents that reference the SW 846 methods. The department believes that any change in test procedures should not significantly change the fees charged to permittees by laboratories. The department believes the economic impact would be minimal because the regulatory changes are very minor (insignificant impact on small businesses).
Contact Person
Camille Turcotte 608.266.0245.
Transportation
This statement of scope was approved by the governor on May 25, 2012.
Rule No.
Wisconsin Administrative Code Chapter
Trans 102.
Relating to
Operator's licenses and identification cards.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
Chapter
Trans 102,
Operator's Licenses and Identification Cards, is an existing rule that provides administrative interpretation of Wisconsin State Statute 343 relative to the issuance of operator's licenses, identification cards and vehicle titles & registration.
Chapter
Trans 102 was last amended in 2007. Since that time, changes have occurred in federal and state laws affecting the issuance of driver's licenses (DL's), identification cards (ID's), and titles and registration documents. In addition, the Wisconsin Department of Transportation's Division of Motor Vehicles (DMV) modified internal policies regarding documentation requirements and transaction methods to reflect current technologies used to further improve the customer's experience. As a result, modifications to the rule are necessary. The anticipated modifications will not change the objective of the rule.
Changes to federal laws over the past several years have tightened security and identification standards for DL's and ID's. Modifications to the Chapter
Trans 102 language to reflect these changes will ensure that the DMV is in compliance with the federal requirements related to “REAL ID" (
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (
6 CFR Part 37)).
Modifications to the rule are necessary to ensure that the DMV is fully compliant with all statutory changes that have occurred since the last Administrative Code rule update, and reflect administrative changes that have occurred since 2007.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Existing state statutes and department policies that need to be updated in the Rule:
State statute changes regarding state identification cards
Wis. Stat. s.
343.50 (5) defines the valid period and fees associated with issuing state identification cards. Wis. Stat. s.
343.50 (5) (a) 3. requires the department to issue an applicant a free identification card if the applicant is a U.S. citizen, is at least 18 years of age on the date of the next election, and requests the card be provided without charge for the purpose of voting. Wis. Stat. s.
343.50 (5m) defines the card issuance fee structure the department must use when issuing identification cards to eligible applicants. Under this statute, the department may not charge a fee for the issuance of an original, duplicate or reissued identification card, if Wis. Stats. ss.
343.50 (5) (a) 2. or
3. or
(7) apply.
Wis. Stat. s.
343.50 (5) (b) requires an identification card to be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance.
State statute changes regarding religious belief exemption for Real ID non-compliant credentials
Wis. Stat. s.
343.50 (4g) creates a religious belief photograph exemption for Real ID non-compliant credentials.
DMV policy changes regarding acceptable documentation requirements
Current s.
Trans 102.15 (4m) allows DMV to require proof that a person is a Wisconsin resident. The Wisconsin Department of Transportation (WisDOT) currently accepts utility bills, pay stubs, bank account statements and mortgage documents as evidence of residency.
The general public's increased use and reliance on computer technology to manage finances and pay personal bills often makes these documents unavailable on official letterhead. The most many persons can provide is a printout from an online system. DMV will accept print outs from online bill pay systems in lieu of documents produced by a utility or bank, and proposes to modify its rule to make this clear. Changes are expected to include additions to the current acceptable documentation for residency list.
This rulemaking also proposes to update requirements related to electronic documentation, provide standards for acceptance of Wisconsin college/university identification products, and will establish a standard process for homeless persons to prove residency for the purpose of obtaining identification.
New Federal Policies:
The federal REAL ID Act, Pub. L. 109-13, Section 202, establishes minimum standards for driver's licenses and state issued identification documents used for “official purposes." Two key components of the REAL ID law that are expected to be integrated into Chapter
Trans 102 include:
•
Designation of both compliant and non-compliant credentials
•
Recognition of central issuance processes
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (6 CFR Part 37).
Designation of both compliant and non-compliant credentials
Wis. Stats. ss.
343.03 (3r),
343.165 (7) (a) and
343.165 (7) (b) allow DMV, upon the state's implementation of the federal Real ID Act on January 15, 2013, to process applications for operator's licenses and identification cards that are not compliant with the federal Real ID Act if the licenses and cards are marked accordingly.
Recognition of central issuance processes
DMV is in the process of transitioning to full central issuance of its driver's license and identification products beginning in mid-May, 2012. This means all drivers licenses and identification products will be issued from a secure site through a contracted vendor to ensure Wisconsin's drivers licenses meet the federal REAL ID security standards and secured facility requirements required under the federal law.
Policy alternatives
The proposed modifications to existing Ch.
Trans 102 must be made to ensure that DMV's regulation governing driver licensing is consistent with current state and federal laws.
Given that the anticipated rule changes will be done to reflect existing state and federal laws, policy alternatives are limited. The following policy alternatives might be considered (please note, published statutory requirements were not considered in this analysis of policy alternatives):
•
Acceptable documentation
As described above, DMV proposes to clarify that proof of residency could be accomplished with a printed online bill as well as with a bill delivered by U.S. Postal authorities to reflect current technologies and improve the DMV's customer's experience. DMV could refuse online documents and accept only documents delivered to the driver license applicant via U.S. mail as proof of residency. Permitting only use of delivered mail as proof of residency would not account for the individual's reliance on technology to conduct business, and would be inconsistent with DMV's customer service improvement efforts.
•
REAL ID compliance
The state of Wisconsin could decide not to pursue being designated as a REAL ID compliant state relative to the issuance of driver's licenses and identification cards. This means Wisconsin residents would not be issued a compliant product, thereby limiting their ability to conduct federal official business, such as boarding a commercial aircraft. A decision not to pursue designation as a REAL ID compliant state would be significant, and would require changes to state statutes that currently require DMV to comply with REAL ID. Wisconsin has already invested resources into REAL ID compliance and is working to become fully compliant by January 15, 2013, the federal deadline.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
DMV statutory authority to administer and modify Chapter
Trans 102 is established in Chapter
343 of the Wisconsin State Statutes. Further authority is found in Wis. Stat. s.
85.16 (1). More specific authority is found in the following statutes:
Wis. Stat. s.
343.02 defines the department's authority to administer and enforce the issuance of operator licenses and state identification cards. It also specifies that the department has the authority to promulgate rules as the secretary considers necessary.
343.02 Administration of driver license law.
(1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act,
49 USC 31301 to
31317 and the regulations adopted under that act.
(2) The state of Wisconsin assents to the provisions of the federal law and regulations specified in sub. (1). The state of Wisconsin declares its purpose and intent to make provisions to implement and enforce that law and those regulations so as to ensure receipt by this state of any federal highway aids that have been or may be allotted to the state under
23 USC 104 (b) (1), (2), (5) and (6), including all increased and advanced appropriations.
Cross-reference: See also chs.
Trans 102 and
115, Wis. adm. code.
Wis. Stat. ss.
343.03 (1) (a) and
(b) establishes the department's requirement to institute a classified driver license system that meets all federal standards.
343.03 Classified driver license system.
(1) Compliance with federal standards.
(b) The department shall issue operator's licenses in conformity with the Classified driver license system to each licensee upon renewal, initial application, or cancellation under s.
343.26 (1).
Wis. Stat. s.
343.50 (1) (a) defines the department's authority to issue identification cards to every qualified applicant.
343.50 Identification cards.
(1) Issuance.
(a) The department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
(c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days.
Wis. Stat. s.
343.50 (4g) details the legal standing for a person to request a photograph exemption for the identification cards; applicants must provide an affidavit stating they have a sincerely held religious against being photographed.
343.50 (4g) Photograph requirement; exception. An application for an identification card may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.
Wis. Stat. s.
343.50 (5) defines the fee structure the department must use when issuing identification cards to qualified applicants. Wis. Stat. s.
343.50 (5) (a) 3. prohibits the department from charging an applicant the initial issuance or reinstatement fee for an identification card if the applicant is a U.S. citizen, is at least 18 years of age on the date of the next election, and requests the card be provided without charge for the purpose of voting.
343.50 (5) Valid period; fees.
(a) 1. Except as provided in subds. 2. and 3., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
a. The department has canceled the applicant's valid operator's license after a special examination under s.
343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s.
343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
3. The department may not charge a fee to an applicant for the initial issuance or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.
Wis. Stat. s.
343.50 (5m) defines the fees associated with issuing state identification cards. The card issuance fee does not apply if the applicant meets the requirements defined under Wis. Stat. s.
343.50 (5) (a) 3.
343.50 (5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2. or 3. or (7).
Wis. Stat. s.
343.50 (6) defines the renewal fees associated with the issuance of state identification cards. The renewal fee does not apply if the applicant meets the requirements defined under Wis. Stat. s.
343.50 (5) (a) 3.
343.50 (6) Renewal. At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. The department shall include with the notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s.
343.175. The fee for a renewal identification card shall be $18 except that, if the identification card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3., there shall be no fee for renewal of the identification card. The renewal identification card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s.
343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s.
343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.
Wis. Stat. s.
343.50 (7) defines the fee structure for duplicate identification cards. The fees do not apply if an applicant meets the requirements defined under 343.50 (5) (a) (3).
343.50 (7) Duplicate. The fee for a duplicate card is $6 except that, if the card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3., there is no fee for a duplicate card.
Wis. Stat. s.
85.16 (1) defines the department secretary's authority to make “reasonable and uniform orders and rules deemed necessary."
85.16 Department rules and forms. (1) The secretary may make reasonable and uniform orders and rules deemed necessary to the discharge of the powers, duties and functions vested in the department. The secretary may also prescribe forms for applications, notices and reports required by law to be made to the department or which are deemed necessary to the efficient discharge of all powers, duties and functions and prescribe the form and manner in which those applications, notices and reports may be filed or submitted.
REAL ID provisions are scattered throughout Ch.
343, Stats. Most of the provisions were adopted as part of the 2007-2009 State Budget,
2009 Wis. Act 20. A concise explanation of the provisions was produced by the Legislative Fiscal Bureau as 2007 Budget Paper #795, dated May 17, 2009, and is available online at:
2011 Wis. Act 23, the “Voter ID" legislation, modified the changes to state law made by
2007 Wis. Act 20 to allow the issuance of ID's and driver licenses that are not REAL ID compliant. All such licenses must clearly show that they do not comply with REAL ID requirements in accordance with federal law.
The requirements for REAL ID compliant cards (driver license and identification) are defined under
6 CFR Part 37, Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (also known as REAL ID). The law details the requirements for states to be found fully compliant. Efforts are underway to document DMV's REAL ID compliance and assemble a compliance package for Department of Homeland Security review by the fall of 2012. In short, federal regulations require states to:
•
To collect and keep fully approved identity documentation in a prescribed manner.
6 CFR s. 37.11
•
Verify documents such as Social Security Numbers, to birth certificates, and out-of-state driver licenses and determine whether the person has false identities.
6 CFR s. 37.13
•
Include required security features to deter forgery and counterfeiting and detection of fraudulent cards in any compliant driver license or ID.
6 CFR ss. 37.15-
37.19
•
Issue only temporary or limited-term cards to immigrants who lack permanent status in the U.S.
6 CFR s. 37.21
•
Establish procedures that verify an applicant's identity each time a driver license or ID is issued or renewed.
6 CFR ss. 37.22-
37.25
•
Ensure that an individual is not issued more than one REAL ID compliant card. This requires close communication with all other states to determine if the applicant currently holds a driver's license or REAL ID identification card from another state.
6 CFR s. 37.29
•
Retain documents for future use or reference in the manner required by federal law.
6 CFR s. 37.31
•
Maintain its computer database of driver records in a manner that complies with federal requirements.
6 CFR s. 37.33
•
Develop a Security Plan that addresses the physical security of the facilities that produce the cards, and the safeguards required to protect the security and confidentiality of the information collected, stored, and maintained in DMV records.
6 CFR ss. 37.41-
37.43
•
Conduct a background check of each person who is involved in the manufacture or production of READ ID driver's licenses and identification cards, or who has the ability to affect the identity information that appears on the driver's license or identification card.
6 CFR s. 37.45
•
Insure that non-real ID licenses and ID's issued by the state be clearly different from REAL ID compliant licenses and ID's.
6 CFR s. 37.71
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Current estimates indicate that modifications to the rule will require about 1040 hours of department staff time. Other resources necessary to develop the rule include: the general public, other impacted state agencies, impacted federal agencies, the Wisconsin Legislature, and the Governor's Office.
List with Description of all Entities that may be Affected by the Proposed Rule
General public – all individuals in the State of Wisconsin, their employers, and other groups with which those individuals interact
Airlines – required to confirm identity with a real ID as a condition of travel
Driving public – members of Wisconsin's general public who operate a motorized vehicle
Persons who need ID Cards – Any person who obtains a Wisconsin ID
Voters – all persons who vote
Other state agencies – Any state agency that requires a driver's license or state identification card from an individual, or a state agency that provides the documentation necessary for an individual to meet the requirements to be issued a compliant REAL ID product.
Department of Homeland Security – to the extent that it is the federal agency authorized to review and make a determination regarding DMV's compliance with REAL ID.
Other federal agencies – adhere to and enforce federal laws, who may require a REAL ID compliant card in order for an individual to conduct official federal business.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
6 CFR Part 37 to establishes minimum standards for state-issued driver's licenses and identification cards in accordance with the federal REAL ID Act of 2005. These regulations are described in detail in Section 6 above. Pursuant to the Department of Homeland Security's REAL ID regulation, states must be in full compliance with the REAL ID Act of 2005 by January 15, 2013 (A final rule issued March 7, 2011 extended the date).
Chapter
Trans 102 was last amended in 2007. Since that time, changes have been made to federal and state laws affecting the issuance of driver's licenses, identification cards, titles and registration documents. In addition, the DMV believes internal policies regarding acceptable documentation need updating to reflect current technologies. As a result, modifications to the rule are necessary. The anticipated modifications will not change the objective of the rule.
The following is a brief comparison of Chapter
Trans 102 to the federal REAL ID Act. For the purpose of simplicity, the section headers of Chapter
Trans 102 are used as an organizational tool for review and comparison.
Document condition and authenticity
Similar to REAL ID, Chapter
Trans 102 describes the review and verification of documentation required by this state when issuing a driver's license or identification card. The details of the verification process, definition of any relevant exceptions (allowed under federal law) and the storage of relevant documents required by REAL ID need to be reviewed and the language updated as necessary for compliance with federal standards.
Photographs (exemptions, specifications, and special photo requirements)
Both REAL ID and Chapter
Trans 102 include provisions related to the inclusion of photographs on driver's licenses and identification cards. REAL ID includes specific requirements regarding allowable head coverage, and the wearing of eyewear. Chapter
Trans 102 includes text regarding retaking of photos, the allowance for head coverings due to religious belief, and the allowance of eye glasses (excluding sunglasses), depending on the individual's preference. The language needs to be compared to ensure appropriate consistency, or the documentation of possible differences between a compliant and non-compliant product.
Design of operator's license and identification card
The REAL ID law includes descriptions of the required security features for state issued cards to be compliant. The federal law also includes a description of what is required for non-compliant products. Chapter
Trans 102 includes a section related to the design of the operator's license and identification card; however, it does not include any specific reference to compliant or non-compliant cards. The administrative code text does not include any references to the federally required integrated security features described in the REAL ID law. This rulemaking proposes to amend the rule to allow for compliant and non-compliant driver's licenses and ID's.
National driver registry and commercial driver license registration system
Chapter
Trans 102 includes text regarding the National Driver Registry and commercial driver license registration system which requires the DMV to conduct inquiries into the commercial driver license information systems and the National Driver Registry to determine licensing eligibility. It does not, however, reference the REAL ID Act requirement that states must check with all other states to determine if an applicant currently holds a driver's license or REAL ID identification card in another state. These provisions may need to be amended to comply with REAL ID.
Prorated fees
REAL ID includes no references to fees; Chapter
Trans 102 references fees authorized by statute.
Issuance
Both REAL ID and Chapter
Trans 102 include a defined issuance period for driver's licenses and identification cards. The language in Chapter
Trans 102 must be updated to maintain consistency with state statutes and REAL ID.
The REAL ID Law includes requirements for regarding the physical security expectations of the facilities involved in the production and manufacturing of driver licenses and identification cards. Chapter
Trans 102 includes an outdated reference to central issuance that must be reviewed and updated if necessary.
Proof of identification
Both REAL ID and Chapter
Trans 102 include specific provisions regarding acceptable documentation for proof of identity. The rule and federal laws must be reconciled.
Operator's license, license endorsement and ID issuance periods
REAL ID prescribes the validity periods and deadlines for REAL ID driver's licenses and identification cards. Chapter
Trans 102 includes more detail related to the issuance of all driver license products. These laws must be reconciled if inconsistent.
Temporary operator's license or driver receipt
REAL ID specifies when a state may issue a temporary or limited-term REAL ID card. Chapter
Trans 102 describes when DMV may issue a driver license or identification card and when a driver receipt should be issued. These laws must be reconciled if inconsistent.
Instruction permits
REAL ID specifies when a state may issue a temporary or limited-term REAL ID card. Chapter
Trans 102 provides more detail regarding the issuance, duration and use of the instruction permit. Chapter
Trans 102 also includes detail regarding other types of instruction permits issued, including moped or motorcycle permits. These laws must be reconciled if inconsistent.
Farm service CDLs
Chapter
Trans 102 includes the discussion and administration of farm service CDLs; the REAL ID law does not.
Copying of driver licenses
Chapter
Trans 102 specifies who may make a copy of a driver license to use for the identification of the person to whom the license has been issued, and the person does not sell or transfer the copies to any third person. REAL ID makes no reference to copying for this purpose.
Current state statutes prohibit copying of ID's for legitimate business purposes. Wis. Stat. s.
343.50 (12) (e).
Sponsorship of persons under 18 years of age
Chapter
Trans 102 defines who can be a sponsor of a minor who is licensed to drive in this state. REAL ID does not regulate license sponsors.
Military, firefighting, farmer and emergency government CDL exemptions
Chapter
Trans 102 federal military, firefighting, farmer and emergency government CDL exemptions into state law. These provisions are not affected by REAL ID, but are affected by
49 CFR Parts 383 and
384.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
At this time, it is anticipated that updates to the existing Chapter
Trans 102, which are expected to include modifications that reflect existing state and federal law, will have an indeterminate economic impact. Until the rule is actually drafted, determining the economic impact of the rule is difficult.
Contact Person
WisDMV Bureau of Field Services Deputy Director Aileen Switzer, (608) 266-2743.
Transportation
This statement of scope was approved by the governor on May 25, 2012.
Rule No.
Relating to
The erection of signs on public highways.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule making is to amend section
Trans 200.06 (7), relating to the number of business logo panels allowed on specific information signs, and to the number of specific information signs allowed for each type of motorist service at an interchange where greater or fewer than 6 qualified facilities are available in one or more of the categories of gas, food, lodging, camping, and attractions.
Also included are proposed amendments to sections
Trans 200.06 (1) and
200.06 (3), which allow additional methods of approval or denial of permits for business logo panels if more business logo panels are requested than the number that is legally permitted. With certain limitations, business logo panels for 2 categories of motorist services may be displayed on the same specific information sign. A revision to the rule would increase flexibility, allowing more businesses to participate, while making optimal use of existing sign structures.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
With some exceptions, the existing administrative rule requires that a separate specific information sign shall be provided for each type of motorist service for which business signs are displayed. At interchanges with double exits, or where not more than 3 qualified facilities are available for each of 2 or more types of motorist services, the existing administrative rule allows dividing a specific information sign into two sections to display business panels separately for each exit, or for 2 categories of motorist services. A maximum of three business panels may be displayed in each section of the sign. Another provision of the existing administrative rule specifies the process for approval and denial of permit applications when there are more applicants than can legally be granted permits.
The 2009
Federal Manual on Uniform Traffic Control Devices (MUTCD) allows more flexibility than Wisconsin's current Administrative Rule, Ch.
Trans 200. According to the MUTCD, the proposed amendment to this rule would allow other combinations of the number of each type of business panel, and would allow for additional methods to be used to approve or deny permits at locations where there are high numbers of requests for signs. The alternative is to retain the existing administrative rule, which would require the placement of additional sign structures at some interchanges.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Specific information signs are authorized by s.
86.195, Stats. Section
86.195 (2) (a), Stats., refers to rules promulgated by the department in order to erect specific information signs in any city, village, or town.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 Hours.
List with Description of all Entities that may be Affected by the Proposed Rule
WisDOT; motorist service businesses under the categories for GAS, FOOD, LODGING, CAMPING, and ATTRACTIONS; and Derse-Wisconsin Highway Business Signs, who checks completed applications for sign and space availability and forwards the completed applications to the WisDOT “Attractions" Advisory Council for approval. Derse-Wisconsin Highway Business Signs provides all of the approved Specific Information Signs for Wisconsin's roadways.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
By aligning Wisconsin's administrative rule more closely with the 2009 MUTCD, more motorist service businesses could participate in the Specific Information Sign Program. This proposed administrative rule change is consistent with the MUTCD adopted by WisDOT.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Implementation of these proposed rule changes would have very little economic impact on WisDOT. The number of statutory permit fees payable to WisDOT would increase, as well as the number of additional customers for Derse-Wisconsin Highway Business Signs.
This rule making will establish policies and procedures for designating special groups eligible for distinctive license plates and procedures for plate issuance. These policies and procedures will be new, but the department will be guided by current special plate issuance policies and procedures so that it can be as consistent as possible in this new program.
Contact Person
John Noll 608-266-0318
