Scope Statements
Commerce
Subject
The rules affects chs.
Comm 2,
5,
20,
21,
60,
61 and
82, relating to erosion and sediment control and storm water systems.
Objective of the Rule
In order to comply with the statutory mandate for inspection of erosion control activities and structures at construction sties as written in s.
101.1205 (3), Wis. Stats., the objective of the proposal is to update the department's administrative rules relating to erosion and sediment control and storm water management while primarily focusing on inspection and enforcement. This code update may result in one or more rule packages to be presented for public hearings, and may include minor changes to other department rules relating to erosion and sediment control and storm water management.
Policy Analysis
Chapters
Comm 2,
20,
21,
60 and
61 currently cover erosion and sediment control and storm water management on building sites. Comm 82 includes requirements for plumbing post construction storm systems. Chapter
Comm 5 covers credentials issued by the department. The current rules of Chapters
Comm 21 and
60 include references to many standards shared with the department of natural resources (DNR) and reflect the shared responsibility for erosion and sediment control and storm water management.
The erosion and sediment control and storm water management code has been updated with an effective date of April 1, 2007. The April 1, 2007 revision implements Federal requirements contained in Phase II of the Clean Water Act. This code project will update administrative processes to increase effective enforcement and implementation of existing standards and may also update erosion and sediment control and storm water management requirements to reflect changing technology.
The alternative of not updating these chapters would result in administrative rules that are not consistent with currently recognized national standards and practices related to erosion and sediment control and storm water management and to impede progress concerning the effectiveness of department inspection and enforcement processes.
Statutory Authority
Entities Affected by the Rule
This rule will affect any entity that is involved with the erosion and sediment control and storm water management industry.
Comparison with Federal Regulations
Under the Federal Clean Water Act, the Environmental Protection Agency has established erosion and sediment control regulations,
40 CFR Parts 9,
122,
123 and
124, for land disturbing activities involving one or more acres at construction sites. The regulations establish a permitting process under the National Pollutant Discharge Elimination System, NPDES, that may be implemented by state jurisdictions. The regulations require the design, implementation and maintenance of best management practices to improve water quality by reducing pollutants in storm water runoff.
The Department of Natural Resources under chapter NR 216 implements the EPA permitting process mandate in Wisconsin. Under section
NR 216.42 (4), the Department of Natural Resources recognizes commercial building construction falling under Department of Commerce rules as complying with the Wisconsin Pollutant Discharge Elimination System permitting. That recognition in turns helps to achieve the state's implementation of the EPA permitting process for construction site erosion control.
Estimate of Time Needed to Develop the Rule
The department estimates that it will take approximately 500 hours to develop this rule. This time includes reviewing the current codes and related DNR and federally-accepted standards and facilitating meetings to assess options for inspection and enforcement, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to perform the review and develop the rule changes. There are no other resources necessary to develop the rule.
Commerce
Subject
The rules affect chs.
Comm 5 and
33, relating to passenger ropeways, tramways, lifts, tows, and conveyors.
Objective of the Rule
The objective of the rule is to update Wis. Adm. Code ch.
Comm 33, Passenger Ropeways, to reflect current national standards, and to evaluate administrative and enforcement aspects of the program which may include credentialing of inspectors.
Policy Analysis
Chapter
Comm 33 establishes minimum technical standards for the design, construction, installation, operation, inspection and maintenance of aerial tramways, aerial lifts, surface lifts and rope tows. The code currently incorporates by reference the 1999 edition of the American National Standards Institute (ANSI) B77.1, Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements. The rule project will update the chapter and will evaluate adopting by reference the 2006 edition of the ANSI B77.1 standard.
The alternative of not revising the code would result in rules not being up-to-date with current national standards.
Statutory Authority
Entities Affected by the Rule
The rule will affect any entity, private or public, that owns and operates existing aerial tramways, aerial lifts, surface lifts and tows. The rule will also affect any entity which proposes to design and install a new aerial tramway, aerial lift, surface lift or tow.
Comparison with Federal Regulations
An Internet-based search for “passenger ropeways", "aerial lifts", and “ski lifts" in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 300 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with an advisory council, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Natural Resources
Subject
The rules affect chs.
NR 405,
407, and
408, relating to federal changes to air permit programs affecting ethanol production facilities and other changes for clarity.
Objective of the Rule
The Bureau of Air Management proposes
to proceed with the development of rules to amend the definition of "major stationary source" in s.
NR 405.02(22)(a)., such that ethanol production facilities that produce ethanol by natural fermentation, (those included in NAICS codes 325193 or 312140), are not included in the Chemical Processing Plant category. The other changes are to ss.
NR 405.07(4)(a)20.,
407.02(4)(b) and
408.02(21)(e), which will state that fugitive emissions from these ethanol production facilities will no longer be included in determining whether a facility is considered a major source. This rule package is initiated because of similar federal rule changes published May 1, 2007.
In addition, a federal rule clarifying two elements of the major source permitting program was promulgated on January 6, 2004. The first is the addition of a definition of Replacement Unit and the second clarifies a component of the emission calculation used when determining emissions under a plantwide applicability limitation (PAL). US EPA has required permitting agencies to add these elements during the next reopening of the permit program regulations.
Policy Analysis
Currently fuel ethanol production facilities are considered as a chemical processing plant which is one of the major stationary source categories under federal regulations. As such if the potential to emit any of the criteria pollutants exceeds 100 tons per year, the facility is considered to be a major source under the Prevention of Significant Deterioration (PSD) Program. Moreover, the fugitive emissions from such a facility are included when the major source determinations are made for these plants. After this proposed rule change, the major source applicability threshold will be 250 tons per year and the fugitive emissions will not be included when the major source determinations are made for these plants under the PSD program. The change will not have an impact on the Title V operation permit program's or the nonattainment area new source review program's major source emission level; however, it will no longer require fugitive emissions to be included as a part of the calculation of emissions.
The inclusion of a definition of replacement unit and the PAL emission calculation clarification within ch.
NR 405 and
408 will not impact existing policies since the term is currently not defined in those chapters. The addition of a replacement unit definition will clarify the use of the term as it applies to emission unit replacement in determining how emissions are calculated in determining applicability of the chapters to plant modifications. The proposed PAL related change will clarify the calculation of allowable emission rates under a PAL.
Statutory Authority
Entities Affected by the Rule
For the ethanol rule, the groups likely to be impacted or interested in the issue include, but are not limited to, ethanol production facilities and local citizens. For the federal rule clarification, the groups likely to be impacted or interested in the issue include, but are not limited to, major sources of emissions in a variety of industries.
Comparison with Federal Regulations
Currently fuel ethanol production facilities are considered as a chemical processing plant which is one of the major stationary source categories under federal regulations. As such if the potential to emit any of the criteria pollutants exceeds 100 tons per year, the facility is considered to be a major source under the Prevention of Significant Deterioration (PSD) Program. Moreover, the fugitive emissions from such a facility are included when the major source determinations are made for these plants. After this proposed rule change, the major source applicability threshold will be 250 tons per year and the fugitive emissions will not be included when the major source determinations are made for these plants under the PSD program. The change will not have an impact on the Title V operation permit program's or the nonattainment area new source review program's major source emission level; however, it will no longer require fugitive emissions to be included as a part of the calculation of emissions.
All of the changes proposed under this rule package would make Wisconsin's regulations identical to the federal regulations in the areas described.
Estimate of Time Needed to Develop the Rule
Approximately 150 staff hours of time will be needed to develop the rule.
Agency Contact Persons
Paul Yeung, P.O. Box 7921, Madison, WI 53707, Telephone number: (608) 266-0672; e-mail address:
paul.yeung@wisconsin.gov
Regulation and Licensing
