Scope statements
Health and Family Services
Subject
Objective of the rule. The Department proposes to revise section HFS 107.07, relating to dental services under the Medical Assistance (MA) program.
Policy analysis
Pursuant to the authority provided under s. 49.45 (10), Stats., to promulgate rules to administer the Medical Assistance program, the Department intends to revise s. HFS 107.07 to do the following:
1.   Reduce the number of services requiring prior authorization;
2.   Change the coverage status of several services;
3.   Update the rules for consistency with current dental practices and the MA dental services benefit; and
4.   Improve the organization of s. HFS 107.07.
Statutory authority
Sections 49.45 (10) and 227.11 (2), Stats.
Staff time required
The Department estimates that it will take approximately 30 hours of staff time to develop the proposed rules.
Entities affected by the rules
Business entities affected will include dentists, dental offices, Federally Qualified Health Centers (FQHCs) to the extent they have a dental operation, and the Department's HMO partners in Southeastern Wisconsin (Milwaukee, Kenosha, Racine, and Waukesha Counties).
Comparison to federal regulations
42 CFR § 440 addresses Medical Assistance, including required and optional services provided under State Plans.
Natural Resources
Subject
Objective of the rule. The objective of the proposed rules is to address department and angler fisheries concerns via regulation changes proposed for the 2005 spring hearings.
Policy analysis
The Department is beginning the administrative process of developing fishing regulation changes that we anticipate recommending for the 2005 Spring Fish and Wildlife Rules Hearings.
A variety of fishing regulation changes will be proposed by Fisheries and Law Enforcement staff to address fishery, law enforcement, and angler concerns. Proposed rule changes will be approved through joint review. Approved proposals will be developed for inclusion in the 2005 Spring Hearings. At this time, the Bureau of Fisheries Management and Habitat Protection, Law Enforcement and local fisheries staff are in the process of developing rule change proposals. The FH Bureau will then review the proposals with the Bureaus of Law Enforcement and Legal Services.
Statutory authority
Section 29.014, 29.024, 29.041, and 227.11, stats.
Staff time required
Approximately 260 hours will be needed by the Department to develop these rules.
Entities affected by the rules
These proposed fishing regulation changes would affect and are of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing. New regulations may result in increased law enforcement, fisheries and customer service work load as anglers become familiar with new rules. At the same time, rule simplifications may reduce work load.
Comparison to federal regulations
There are no federal regulations regarding recreational fishing regulations. That authority is given to the State.
Natural Resources
Subject
Objective of the rule. Chapter NR 460 (Emission Standards for Hazardous Air Pollutants For Source Categories - General Provisions) is amended to incorporate amendments made to the federal general provisions. Chapter NR 463 (Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks) is amended to incorporate amendments made to the federal chromium standard and renumbered to create subchapter I. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy analysis
There are no policy issues to be resolved. The US EPA amended the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories: General Provisions (40CFR Part 63, Subpart A) on April 5, 2002 and the NESHAP for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (40CFR Part 63, Subpart N) on July 19, 2004. This action incorporates the federal amendments into the corresponding portions of the Wisconsin Administrative Code.
Statutory authority
Sections 285.11 (1), 285.27 (2), and 227.11 (2) (a), Stats.
Staff time required
About 200 hours of Department staff time will be needed to amend these rules.
Comparison to federal regulations
This action will amend existing state rules to make them identical to the already amended federal rules.
Entities affected by the rules
The amendments to the general provisions could affect up to 1,000 facilities statewide, and the amendments to the chromium standard could affect up to 35 facilities statewide. It is expected that the placement of these requirements in the Administrative Code will make it easier for regulated facilities to interact with the regulating authority (DNR instead of EPA).
Natural Resources
Subject
Objective of the rule. Appendix PPPP in chapter NR 460 and subchapter IV in chapter NR 465 will be created to incorporate national emission standards for hazardous air pollutants (NESHAP) for the surface coating of plastic parts and products. Appendix MMMM in chapter NR 460 and subchapter V in chapter NR 465 will be created to incorporate NESHAP for the surface coating of miscellaneous metal parts and products. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy analysis
There are no policy issues to be resolved. The US EPA promulgated the NESHAP for the surface coating of miscellaneous metal parts and products, effective January 2, 2004 (40 CFR part 63, Subpart MMMM), and the NESHAP for the surface coating of plastic parts and products, effective on April 19, 2004 (40 CFR Part 63, Subpart PPPP). The two NESHAP establish maximum achievable control technology (MACT) requirements for these two source categories. This action incorporates these two NESHAP into the Wisconsin Administrative Code.
Section 285.27 (2), Stats., requires that the Department promulgate NESHAP by rule. In addition, since these two HESHAP each affect more than ten facilities in Wisconsin, promulgation into state rule is consistent with the MACT Streamlining Policy approved by the Natural Resources Board.
Statutory authority
Sections 285.11 (1), 285.27 (2), and 227.11 (2) (a), Stats.
Staff time required
About 500 hours of Department staff time will be needed to develop these rules.
Comparison to federal regulations
This action will amend existing state rules to make them identical to the already amended federal rules.
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