Rule-Making Notices (Hearing Notices)

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet:   Use the Administrative Rules System Web site accessible through the link provided

Analysis Prepared by the Department of Natural Resources

Finding/nature of emergency

An emergency rule is needed to clarify the procedures for the review and analysis of new administrative rules in order to assure that the intent of the ch. NR 150 revision is being met and potential procedural questions do not invalidate the years of work and public engagement on new rules packages, and for additional housekeeping changes to ensure that the intent of the recent ch. NR 150 rewrite is being met, all in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts. Once the emergency rule is approved, a permanent rule will subsequently be required.

Detailed description of the objective of the proposed rule

The previous version of ch. NR 150 classified most administrative rules as “Type 3 actions", a classification requiring some form of public notice and no additional environmental analysis as part of the formal rules process.

The Rule changes would be simple editorial changes to clarify that emergency rules are “minor actions requiring no additional environmental analysis, and that the process for developing permanent rules are “equivalent analysis actions" under the new ch. NR 150, similar to how they were treated under the old ch. NR 150.

These changes would more clearly outline the required review process for administrative rules. Additional changes to clarify publication requirements, WEPA compliance determinations for various permits and plan approvals and other housekeeping changes, consistent with the intent of the rule, as presented to the public and approved by the NRB, may also come to light as implementation of the new rule progresses.

Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives

The rule change would clarify what was intended and what was presented to the public through the Natural Resources Board process for development of the current ch. NR 150.

Detailed explanation of statutory authority for the rule (including the statutory citation and language)

The department is responsible for compliance with department rules and procedures pursuant to s. 1.11, and 227.11, Stats., provides rule authority

Pursuant to s. 227.24 (1) (a) Stats., the department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to ensure that the department and public time involved in lengthy rule processes for current rules is not compromised by a confusing definition in ch. NR 150.

Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule

48 hours.

List with description of all entities that may be affected by the proposed rule

It is anticipated that no entities shall be affected by the proposed rule. This clarifies internal procedures for rules development.

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

None.

Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)

None.

Anticipated number, month, and locations of public hearings

The Department anticipates holding one public hearing in the month of September 2014.

The Department will hold this hearing in Madison to seek public comment on the changes to the rule.

Effect on Small Business

This rule will have no effect on small business. The Small Business Regulatory Coordinator may be contacted at [e-mail], or by calling [phone].

Environmental Analysis

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

Fiscal Estimate Summary

Because this is a housekeeping change affecting only internal DNR operations, no Fiscal Estimate will be prepared.

Contact Person

Jeff Schimpff (BEAS/7)

Department of Natural Resources

Phone:   [phone]

E-mail:   [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter NR 150- Environmental Analysis and Review Procedures for Department Actions
3. Subject
Implementation of Wisconsin Environmental Policy Act, s. 1.11, Wis. Stats.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
X GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽SEG-S			None.
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget X Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Chapter NR 150 was revised and went into effect April 1, 2014. An emergency rule is needed to clarify the procedures for the review and analysis of new administrative rules in order to assure that the intent of the ch. NR 150 revision is being met and potential procedural questions do not invalidate the years of work and public engagement on new rules packages, and for additional housekeeping changes to ensure that the intent of the recent ch. NR 150 rewrite is being met, all in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts. The pre-2014 version of ch. NR 150 classified the promulgation of most administrative rules as “Type 3 actions", a classification requiring some form of public notice and no additional environmental analysis as part of the formal rules process. The rule changes now being proposed would be simple changes to clarify that emergency rules are “minor actions", requiring no additional environmental analysis, and that the process for developing permanent rules is an “equivalent analysis action" under the new ch. NR 150, similar to how they were treated under the old ch. NR 150. In addition, the revision includes clarification changes regarding strategic analysis requirements, minor actions, and procedures for publishing determinations. Consistent with the intent of the previous version of ch. NR 150, the emergency rule clarifies that a strategic analysis is required for review of significant policies, but for other policies or issues the strategic analysis can be used as a discretionary tool. The list of minor actions, not requiring additional environmental analysis, has been expanded to include actions that originally were intended to be outlined in program guidance. The proposed revisions in the emergency rule would clarify in rule the list of activities.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Businesses that may be affected by this rule revision include mainly those that are required to apply for WDNR permits for projects that exhibit the potential to have "significant effects upon the quality of the human environment" (due to major air emissions, wastewater discharges, water withdrawals, etc.). However, ch. NR 150 Is primarily an administrative process that applies internally to WDNR, so impacts to businesses are minimal. In addition, most environmental review data is also required under permit review procedures, so in general little to no additional cost is imposed by the environmental impact statement process.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Not required for emergency rules. Wis. Stat. s. 227.137(5)
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
DNR staff will have more clarity regarding the implementation of ch. NR 150 and regarding the required review process for promulgating administrative rules. DNR staff and the public will have more clarity regarding publication requirements and WEPA compliance determinations for various permits and plan approvals.
14. Long Range Implications of Implementing the Rule
No long range implications, since it is an emergency rule, and can only be in place for up to 270 days.
15. Compare With Approaches Being Used by Federal Government
This revised rule is similar to the existing rule, in that it substantially follows the guidelines of the federal Council on Environmental Quality as directed by s. 1.11, Wis. Stats.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Neighboring states have significant differences in their related laws, so the opportunity to gain from their experience is limited. For example, Minnesota requires that counties also follow WEPA-like analysis procedures, whereas Wisconsin counties have no such requirements. Illinois' law covers only actions conducted by the state itself, whereas in Wisconsin, WEPA applies to all actions, including actions permitted or regulated by the state.
17. Contact Name				18. Contact Phone Number
David Siebert				608-264-6048

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

None.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

None.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting ⍽ Consolidation or Simplification of Reporting Requirements ⍽ Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements ⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

Not applicable.

5. Describe the Rule's Enforcement Provisions

This rule carries no enforcement provisions. Disputes regarding the need to conduct an EIS analysis have judicial avenues of appeal.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Rulemaking without Hearing

Public Service Commission

rulemaking_notices CR 14-052 CR 14-052

(PSC DOCKET # 1-AC-246)

The Public Service Commission of Wisconsin proposes an order to amend section PSC 135.019 (1), regarding the adoption of federal pipeline safety regulations.

This rulemaking will be done without a hearing because, under s. 227.16 (2) (b), Stats., no hearing is required when an existing rule is being brought into conformity with a statute that has changed. However, written comments will be accepted.

Written Comments

Any person may submit written comments on these proposed rules. The record will be open for written comments from the public, effective immediately, and until Tuesday, September 30, 2014, at noon. All written comments must include a reference on the filing to docket 1-AC-246. File by one mode only.

Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the commission's web site (http://psc.wi.gov).

Members of the Public:

Please submit your comments in one of the following ways:

•   Electronic Comment. Go to the commission's web site at http://psc.wi.gov, and click on the “ERF - Electronic Regulatory Filing" graphic on the side menu bar. On the next page, click on “Need Help?" in the side menu bar for instructions on how to upload a document.

•   Web Comment. Go to the commission's web site at http://psc.wi.gov, click on the “Public Comments" button on the side menu bar. On the next page select the “File a comment" link that appears for docket number 1-AC-246.

•   Mail Comment. All comments submitted by U.S. mail must include the phrase “Docket 1-AC-246 Comments" in the heading, and shall be addressed to:

Sandra J. Paske, Secretary to the Commission

Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

The commission does not accept comments submitted via e-mail or facsimile (fax). Any material submitted to the commission is a public record and may appear on the commission's web site. The commission may reject a comment that does not comply with the requirements described in this notice.

Contact People

Questions regarding this matter should be directed to docket coordinator Thomas Stemrich, at [phone] or [e-mail]. Small business questions should be directed to Christina Keeley at [phone] or [e-mail]. Media questions should be directed to the Communications Director at [phone]. Hearing or speech impaired individuals may also use the commission's TTY number, if calling from Wisconsin [phone], if calling from outside Wisconsin [phone].

The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact the docket coordinator, as indicated in the previous paragraph, as soon as possible.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority and explanation of authority

This rule is authorized under ss. 196.02 (1) and (3), 196.745 (1) (a), and 227.11, Stats.

Section 227.11, Stats., authorizes agencies to promulgate administrative rules. Section 196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3), Stats., grants the commission specific authority to promulgate rules. Section 196.745 (1) (a), Stats., grants the commission specific authority to adopt rules requiring that the construction and operation of gas facilities be done in a reasonably adequate and safe manner.

Statute interpreted

This rule interprets s. 196.745, Stats., and, under a contract with the U.S. Department of Transportation, Office of Pipeline Safety, the federal pipeline safety regulations (49 CFR 190 to 199).

Related statutes or rules

The federal pipeline safety statutes may be found in 49 USC 60101 to 60133. The federal pipeline safety regulations may be found in 49 CFR 190 to 199. Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the commission enforces the federal pipeline safety regulations for Wisconsin's natural gas pipeline operators, primarily public utilities. Under this agreement, the commission has the authority to make additions to the federal code that are more stringent than the federal standards.

Chapter PSC 134 is the rule that deals with gas service standards. That rule also has some requirements concerning safe interactions between pipeline operators and their customers.

Brief summary of rule

Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations, 49 CFR. Parts 192, 193, and 199. As part of the agreement, the commission adopts the federal pipeline safety code in Wis. Admin. Code s. PSC 135.019. The commission's latest version of that rule adopts the federal code up to January 1, 2013. New gas pipeline safety code requirements are generally enacted in October of each year. As a result, the commission needs to amend its rule to include those federal regulation changes made since January 2013. Adoption of these amendments will keep the commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.

Comparison with existing or proposed federal legislation

As this is the adoption of the federal regulations, it is the same as the federal regulations.

Comparison with similar rules in surrounding states

All states, including Michigan, Iowa, Illinois, and Minnesota, adopt the federal pipeline regulations.

Effect on Small Business

This rule will not affect small businesses. The s. 227.114(12), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since electric, gas, and water utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses. Further, the contract between the federal department of transportation and the commission requires that treatment be uniform across the state and across gas pipeline operators. As a result, the commission cannot make special provisions for small business.

Comments

Comments on this rule may be submitted as outlined in the Notice of Rulemaking without Hearing and Request for Comments.

Accommodation

The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this rulemaking or who needs to obtain this document in a different format should contact the docket coordinator listed below.

Agency Contact People

Questions regarding this rule should be directed to docket coordinator Thomas Stemrich, at [phone] or [e-mail]. Small business questions should be directed to Christina Keeley at [phone] or [e-mail]. Media questions should be directed to the Communications Director, at [phone]. Hearing or speech-impaired individuals may also use the commission's TTY number; if calling from Wisconsin, [phone]; if calling from outside Wisconsin [phone].

Initial Regulatory Flexibility Analysis

This rulemaking has no effect on small businesses. The s. 227.114 (12), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since gas utilities are monopolies in their service territories, they are dominant in their field and, so, are not small businesses. Further, the contract between the federal department of transportation and the commission requires that treatment be uniform across the state and across gas pipeline operators. As a result, the commission cannot make special provisions for small business.

Fiscal Estimate

This rule will result in no fiscal impact since pipeline operators are already required, under federal law, to follow the federal regulations. Any economic impact of those federal regulations has already occurred. This rulemaking just updates the state's enforcement authority.