Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 609, 9/14/2006

Rule-making notices

Notice of Hearing

Natural Resources

Environmental Protection-Air Pollution Control, Chs. NR 400—

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold public hearings on the creation of ch. NR 432, Wis. Adm. Code, relating to the establishment of provisions for major electric generating units in Wisconsin to comply with the Clean Air Interstate Rule (CAIR) promulgated by the U.S. Environmental Protection Agency (EPA).

Analysis prepared by Department of Natural Resources

EPA has promulgated federal rules to reduce the interstate transport of fine particles and ozone (Clean Air Interstate Rule – CAIR) for 28 states including Wisconsin. CAIR focuses on reductions of emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) from fossil-fuel-fired electric generating units (EGUs). The federal rule caps emissions from EGUs in two phases (2009 and 2015) and allows EGUs to meet their respective emissions caps through installation of controls or by trading emission allowances through a federally administered trading program. The federal rule allows states to implement the federal rule through various state-specific options including varying the structure of the allocation of NOx allowances to state utilities from the federal model rule. This proposed rule involves the NOx allocation structure for the CAIR NOx annual allowances and the CAIR NO x ozone season allowances. The structure is the same for the two programs. The SO2 program is administered in its entirety by the U.S. EPA and is not addressed by this rule.

The main allocation pool consists of the allowances allocated by EPA to Wisconsin in its state budget, minus allowances for the new unit set-aside. The NOx allowances are allocated from the main allocation pool to existing units (those units commencing operation before January 1, 2001) based on the average of the highest three years of electric generation over a five year period. The allowances are distributed to the units in the main allocation pool based upon a unit's percentage share of the total generation for all units.

For new units (those units commencing operation on or after January 1, 2001), a new unit set-aside of 7% of the state budget is proposed. New units are allocated allowances from this set-aside based on the unit's NOx emissions in the previous year until the unit has operated for five years and has established a baseline. (Once a new unit has operated 5 years and established a baseline, the unit's allowances will be allocated from the main allocation pool, not the new unit set-aside.) Allowances from the new unit set-aside are applied for and allocated in the compliance year starting in 2009. If applications for the new unit set-aside are oversubscribed, the set-aside allowances are distributed to the applicants on a percentage basis. If applications for the new unit set-aside are undersubscribed, the remaining set-aside allowances are distributed to the units in the main allocation pool.

Vintage year 2009-2014 allowances are allocated from the main allocation pool in 2007 based on generation data from 2000-2004. Starting in 2011, allowances from the main allocation pool are allocated yearly, four years in advance of the compliance year. In 2011, the unit baseline is updated every five years to reflect current operating data and the state baseline is updated every year to incorporate new units into the main allocation pool that have established a baseline.

Combined heat and power units receive allowances based on electricity generation and useful thermal energy produced.

The compliance supplement pool (CSP) consists of additional CAIR NOx annual allowances which are distributed only in calendar year 2009 to CAIR NOx units which either demonstrate that they achieved early emission reductions in 2007 and 2008 at the 2009 CAIR level of compliance or demonstrate that compliance would create extreme hardship for the unit. There are 4,989 CAIR NOx annual allowances available for distribution from the CSP. If there are excess allowances after the 2009 distribution, these allowances are retired.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a direct economic impact on small businesses. CAIR imposes no reporting, compliance or performance standards on small businesses. CAIR may increase the cost of electricity and therefore will have an indirect impact on small businesses through higher electricity costs. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the public hearings will be held on:

October 10, 2006   Pinery Room
Tuesday at 1:00 p.m.   Portage County Library
    1001 Main Street
    Stevens Point

October 12, 2006   Room 141
Thursday at 1:00 p.m.   DNR Southeast Region Hdqrtrs.
    2300 North Dr. Martin Luther
    King Jr. Drive
    Milwaukee

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please contact Robert Eckdale at [phone] or by e-mail at [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect

The Department of Natural Resources is expected in incur minimal additional cost to implement and administer the rules. There will be costs associated with the collection of operating data from the affected units as well as yearly updates to the allocations starting in 2011. The total estimated impact on Department resources is approximately one-twentieth of a FTE per year, which, assuming $80,000 per FTE salary and fringe, will be $4,000 annually. The reductions in NOx emissions from the rule is not expected to significantly impact the Air Program's emission fee revenues under the current fee structure.

Copy of rule and submission of written comments

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order Number AM-03-06.) Written comments on the proposed rule may also be submitted to Ms. Marney Hoefer, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail] no later than October 23, 2006. Written comments will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale by calling [phone] or by writing him at Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.

Notice of Hearing

Natural Resources

[CR 06-102]

Environmental Protection-Hazardous Waste Management, Chs. NR 600—

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m), 291.05 (5) (a), (6) (b) and (7) and 291.07 (2), Stats., interpreting ss. 227.14 (1m) (b), 291.21 (6), 291.23 (2) and 291.25 (3), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 660, 661, 662, 663, 664 and 665, Wis. Adm. Code, relating to manifest documents used in conjunction with the transportation of hazardous waste.

Analysis prepared by Department of Natural Resources

The proposed rule (WA-30-06) incorporates relevant portions of US EPA's changes to the hazardous waste manifest system, adopted at 70 FR 10776 (March 4, 2005) and correcting amendments adopted at 70 FR 35034 (June 16, 2005), and found at 40 CFR§ 260, et seq., which take effect nationwide September 5, 2006. The proposed rule eliminates all Wisconsin-specific manifest requirements, including the use of the Wisconsin manifest form for waste shipped into or within the state, or to another state that did not supply manifest forms. Instead, the proposed rule requires the use of national uniform manifest forms with a standardized set of instructions and requirements that apply in all states. Manifest users will obtain manifests from US EPA-certified printers, rather than obtaining them from the department. The department will continue to require copies of final signed manifests to be sent to the department for shipments received by Wisconsin treatment and storage facilities, and from generators for shipments of waste sent out of state for treatment or disposal.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any small business that generates, transports, recycles, treats, stores or disposes of hazardous waste.

b. Description of reporting and bookkeeping procedures required: No additional reporting or bookkeeping procedures will be required to comply with the state rules.

c. Description of professional skills required: No new or special professional skills or experience will be required to comply with the state rules.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 227.11(2)(a), 227.14(1m), 227.24(1)(a), 291.05(5)(a), (6)(b) and (7) and 291.07(2), Stats., interpreting ss. 227.14(1m)(b), 291.21(6), 291.23(2) and 291.25(3), Stats., the Department of Natural Resources will hold a concurrent public hearing on Natural Resources Board Emergency Order No. WA-31-06(E) relating to the manifest documents used in conjunction with the transportation of hazardous waste. This emergency order is identical to the proposed rule. It was adopted by the Wisconsin Natural Resources Board on August 17, 2006 and will be effective on September 5, 2006.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held at:

11:00 AM Tuesday, September 26, 2006 in

Room 511, GEF II Building
Department of Natural Resources
101 S. Webster Street
Madison, Wisconsin

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Patricia Chabot at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect

Hazardous waste generators, transporters, and treatment, storage and disposal facilities have been required by law to use hazardous waste manifests for more than 20 years. The manifests provide a complete paper trail of a waste's progress from a generator through treatment or storage to final disposal. Although this is a federally mandated requirement, states have had the option to provide and require the use of state-specific manifest forms, which Wisconsin has done. The Department annually spent around $7,000 from the Federal Hazardous Waste Grant to print and provide manifest copies to its customers.

EPA has made changes to the federal hazardous waste manifest system which include mandatory use of a new federal manifest form. State-specific forms can no longer be used after the federal requirements take effect in September 2006, and the federal forms must be obtained from a select number of EPA-certified printers.

The proposed rules eliminate all Wisconsin-specific manifest requirements, including the use of the Wisconsin manifest form for waste shipped into or within the state, or to another state that did not supply manifest forms. Instead, the revised rules propose to require the use of national uniform manifest forms with a standardized set of instructions and requirements that apply in all states. The EPA regulations require certification from EPA in order to print and distribute the national uniform manifest forms. Manifest users will obtain manifests from EPA-certified printers, rather than obtaining them from the department.

The department will continue to require copies of final signed manifests to be sent to the department for shipments received by Wisconsin treatment and storage facilities, and from generators for shipments of waste sent out of state for treatment disposal.

Copy of rule and submission of written comments

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Patricia Chabot, Bureau of Waste & Materials Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted no later than October 2, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Patricia Chabot.

Notice of Hearing

Transportation

[CR 06-101]

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1), 227.11 (2), 342.16 (1) (am), Stats., and interpreting ss. 218.0116 (1) (gr), 218.0146 (4), 342.16 (1) (a) and (am), Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 12th day of October, 2006, at 10:00 AM, to consider the amendment of ch. Trans 156 and the creation of ch. Trans 141, Wis. Adm. Code, relating to requiring motor vehicle dealers to issue vehicle titles and registrations electronically, unless exempted by the Department.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available.

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted: ss. 218.0116 (1) (gr), 218.0146 (4), 342.16 (1) (a) and (am), Stats.

Statutory authority: ss. 85.16 (1), 227.11 (2), 342.16 (1) (am), Stats.

Agency authority: The Department licenses motor vehicle dealers pursuant to ch. 218, Stats., and issues motor vehicle certificates of title and registration pursuant to chs. 341 and 342, Stats.