d. Remove references to repealed statutes and update terminology to reflect
current applicable statutes
Section 166.20(1)(gm), Stats., was repealed, and the language was incorporated into s. 323.60(7)(dm). The proposed rule would replace the reference to s. 166.20(1)(gm) with reference to s. 323.60(7)(dm).
2. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives.
WEM 1 lists the requirements for facilities to report hazardous chemicals and the associated fees. This rule change would impact only the amounts of the fees in the future and clarify the annual fee receipt deadline.
The policy under the applicable statute is to fund WEM’s administrative expenses incurred in fulfilling its obligations under the statutes and the grants for assistance in complying with s. 323.60 and EPCRA sections 323.60(7) and 323.61, Stats. No new policies are being proposed. The goal of revising WEM 1 would be to ensure sufficient funding for these legislative purposes. The alternative to revising the rule would undercut legislative intent and policy. Concerning the timing of payment, s. 323.60 requires that the fees be paid annually. A revision to the rule will clarify what submission of the fees to WEM constitutes. The alternative would be not to make the change to a rule that has caused at least one facility some confusion. The proposed amendment to the rule clarifying acceptance of electronic submission of required forms and changing reference from s. 166.20(1)(gm), Stats., would not result in a change in policy. 3. Detailed explanation of statutory authority for the rule, including the statutory citation and language.
Section 323.60 (7) (a), Stats., grants WEM the authority to promulgate administrative rules to set fees specified in that section. The text of s. 323.60(7) is as follows: The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 323.61: 1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under sub. (5) (a).
2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under sub. (5) (c).
4. Estimate of amount of time that state employees will spend developing the rule and other resources necessary to develop the rule.
The department estimates that it will take approximately ten hours to revise the text of the rule.
5. List with description of all entities that may be affected by the proposed rule.
The proposed rule change will impact hazardous chemical reporting and planning facilities.
6. 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.
There is no existing or proposed federal regulation intended to address the activities to be regulated by the proposed rule change.
7. Anticipated economic impact of implementing the rule. Also, please note if the rule is likely to have a significant economic impact on small businesses.
It is not anticipated that the revisions to the rule would have a significant economic impact on any facility, including facilities operated by small businesses.
8. Contact person.
Katie Sommers, Bureau of Administration Director
Wisconsin Emergency Management
PO Box 7865
Madison, WI 53707-7865
(608) 242-3222
