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 18th 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 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 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.
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
Finding/Nature of Emergency (Emergency Rule Only)
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.
  (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 30304 (e) and 31301 to 31317 and 49 CFR 383 and 384.
  (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.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.