9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: Only 15 municipal solid waste landfills have approvals for research, development and demonstration projects that would be directly affected by this rule. None of the 4 entities that own the 15 landfills are small businesses under the definition in s. 227.114 (1), Stats. No economic impact comments were received during the comment period held June 4-18, 2018.
10. Effect on Small Business (initial regulatory flexibility analysis): The department believes the rule will have no or minimal economic impact on small businesses. This rule does not change or impose new regulatory burdens. It is important to note that applying for a research, development and demonstration plan remains voluntary.
11. Agency Contact Person: Kate Strom Hiorns, Department of Natural Resources, Waste and Materials Management, PO Box 7921, Madison, WI 53707-7921; (608) 261-8449; KathrynM.StromHiorns@wisconsin.gov. 12. Place where comments are to be submitted and deadline for submission:
Comments were submitted to the agency contact person listed above. A hearing occurred on September 14, 2018. The deadline to submit comments was September 21, 2018.
Section 1. NR 514.02 (1) is amended to read:
NR 514.02 (1) Except as otherwise provided, this chapter governs all landfills as defined in s. 289.01 (20), Stats., except small size and intermediate size construction and demolition waste landfills regulated under ch. NR 503, hazardous waste facilities as defined in s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. Section 2. NR 514.04 (3) is amended to read:
NR 514.04 (3) Noncompliance with plans or orders. The plan of operation shall identify all person persons owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant. The plan of operation shall also identify all other Wisconsin solid or hazardous waste facilities for which the applicant or any identified person is named in, or subject to an order or plan approval issued by the department. In addition, the feasibility report plan of operation shall identify all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or any identified person owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets and include a statement indicating whether or not all plan approvals and orders relating to all identified facilities are being complied with.
Section 3. NR 514.10 (1) (f) is amended to read:
NR 514.10 (1) (f) An annual report shall be prepared for each year of the testing period and a final report shall be prepared for the end of the testing period. These reports shall assess the attainment of goals proposed for the process selected for testing, recommend changes, recommend further work, and summarize problems and their resolution. Reports shall include a summary of all monitoring data, testing data and observations of process or effects and shall include recommendations for continuance or termination of the process selected for testing. Annual reports and final reports shall be submitted to the department within 3 months after of the anniversary date of the written approval by the department.
Section 4. NR 514.10 (2) (c) is amended to read:
NR 514.10 (2) (c) Renewals of testing periods shall be limited to a maximum of 3 years each. The maximum number of renewals shall be limited to 36.
Section 5. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 6. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on December 12, 2018.
Dated at Madison, Wisconsin _____________________________.
STATE OF Wisconsin DNR
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
Preston D. Cole, Secretary
(SEAL)
