Illinois
Wisconsin offers personal care as an optional Medicaid state plan service, but Illinois does not. Illinois does offer some types of personal care services under waivers.
Iowa
Wisconsin offers personal care as an optional Medicaid state plan service, but Iowa does not. Iowa does offer some types of personal care services under waivers.
Michigan
Both Michigan and Wisconsin offer personal care as an optional Medicaid state plan service.
Minnesota
Both Minnesota and Wisconsin offer personal care as an optional Medicaid state plan service.
Summary of factual data and analytical methodologies
The Home Care Consumer Advisory Committee and the Home Care Advisory Committee advise the Department on issues relating to home health care.
Small Business Impact
The proposed change does not affect small business.
Fiscal Estimate
The rule will provide the authority for the Department to certify federally recognized American Indian tribes in Wisconsin as providers of personal care services under Wisconsin Medicaid. The proposed amendment will allow a new category of agency to be certified as a provider of personal care services under the Wisconsin Medicaid program, thus increasing the number of providers available in Wisconsin to provide personal care services. To the extent there is a fiscal impact, it will result from increased utilization of these services due to the increased availability of providers.
Agency Contact Person
Al Matano
Division of Health Care Access and Accountability
P.O. Box 309
Madison, WI 53702
608-267-6848
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed above. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on Wednesday, February 18, 2009.
Text of Proposed Rule
SECTION 1. DHS 105.17 (1) (intro.) is amended to read:
DHS 105.17 (1) (intro.).
Requirements. For MA certification, a personal care provider shall be a home health agency licensed under s.
50.49, Stats., and ch.
DHS 133, a county department established under s.
46.215,
46.22 or
46.23, Stats., a county department established under s.
51.42 or
51.437, Stats., which has the lead responsibility in the county for administering the community options program under s.
46.27, Stats.,
or an independent living center as defined in s.
46.96 (1) (ah), Stats.
, or a federally recognized American Indian tribe or band in Wisconsin. A certified provider shall:
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) and
285.11 (1) and
(6), Stats., the Department of Natural Resources will hold a public hearing on creating and amending rules in ss.
NR 421.07 and
439.075, Wis. Adm. Code, relating to the application of reasonably available control technology for volatile organic compound emissions from certain operations within the synthetic organic chemical manufacturing industry. The State Implementation Plan developed under s.
285.11(6), Stats., is revised.
Hearing Information
The hearing will be held on:
January 28, 2009 Rooms 140-141
Wednesday DNR Southeast Region Headquarters
at 1:30 P.M. 2300 North Dr. Martin Luther King
Jr. Drive
Milwaukee
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 call Robert Eckdale at 608-266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded at
http://adminrules.wisconsin.gov (Use the Search tab at the top of the page and search for AM-23-08). If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge from Robert Eckdale, Rules Coordinator, DNR, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Submission of Written Comments
Comments on the proposed rule must be received on or before Monday, February 9, 2009. Written comments will have the same weight and effect as oral statements presented at the public hearing. Written comments and questions on the proposed rules may be submitted to:
William Adamski
DNR, Bureau of Air Management (AM/7)
101 S Webster Street
Madison, WI 53703
Phone: 608-266-2660
Fax: 608-267-0560
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Related statute or rules
Several sections of the proposed rule reference similar federal requirements for the same emission source categories as New Source Performance Standards (NSPS) adopted by the Department in ss.
NR 440.675,
440.868 and
440.705, Wis. Adm. Code. These references are used because many of the federal control requirements necessary in the proposed rule are identical to the NSPS requirements.
Plain language analysis
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compounds (VOC) emissions in moderate and worse ozone nonattainment areas, for which EPA has published Control Technology Guidelines (CTGs — “guidance").
These requirements include that Wisconsin promulgate VOC RACT rules which are based on EPA guidance for facilities classified as synthetic organic chemical manufacturing industry (SOCMI) that have air oxidation or distillation and reactor processes. The DNR is proposing a VOC RACT rule that would regulate these SOCMI VOC emission categories in Wisconsin's ozone nonattainment areas. Several sections of the proposed rule reference identical federal requirements contained in the NSPS for these source categories, which the Department has already adopted into ch.
NR 440, Wis. Adm. Code.
Comparison with federal regulations
The proposed rule will modify the Department's ozone state implementation plan (SIP) to meet the requirements of the federal Clean Air Act and to clarify other state requirements. Portions of the proposed rule reference similar federal requirements contained in the NSPS for these source categories, which the Department has adopted in ch.
NR 440, Wis. Adm. Code.
Comparison with similar rules in adjacent states
The proposed rule is based on requirements established in the federal Clean Air Act for states that have ozone nonattainment areas. Iowa and Minnesota have no ozone nonattainment areas. Illinois' requirements are similar to the proposed rule. Michigan has adopted the NSPS for SOCMI source categories into its own regulations.
Summary of factual data and analytical methodologies
The DNR has already adopted federal regulations that establish VOC emission control requirements for NSPS facilities classified as SOCMI air oxidation, distillation and reactor operations. Much of the EPA guidance that the DNR must follow in its proposed VOC RACT rulemaking for SOCMI facilities is identical to these federal regulations. Consequently, appropriate portions of the proposed SOCMI VOC RACT rule reference those portions of ch.
NR 440, Wis. Adm. Code, that are identical to EPA RACT guidance.
Analysis and supporting documents used to determine the effect on small business
EPA's guidance for the SOCMI VOC controls does not include any discussion on the regulations potential impact on small business. It is not anticipated that the proposed rule will have an effect on small businesses. An economic impact report was not requested for the proposed rule.
Small Business Impact
Any SOCMI facility would require a minimum of 100 tons VOC emissions per year (maximum theoretical) in order to be subject to the proposed rule. Any small business that is classified a SOCMI facility would likely not meet this relatively high emissions total criteria. Consequently, the proposed rule will likely have no effect on small businesses.
The position of Small Business Regulatory Coordinator is currently vacant. If you have questions on the impact of these rules on small businesses, please contact Robert Eckdale by E-mail at
Robert.Eckdale@wisconsin.gov or by phone at 608-266-2856.
Environmental Impact
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.
Fiscal Estimate
Summary
The Department proposes an administrative rule in ch.
NR 421, Wis. Adm. Code, to establish reasonably available control technology (RACT) requirements for VOC emissions for air oxidation, distillation and reactor operations at SOCMI facilities classified as major VOC sources in Wisconsin's ozone nonattainment areas. A major SOCMI facility for VOC RACT purposes is defined as having maximum theoretical emissions of 100 tons or more of VOCs per year.
According to the US EPA's VOC RACT guidelines for these SOCMI categories (reactor and distillation: published in 1993, air oxidation: published in 1984) – the cost of installing, operating and maintaining control devices for VOC emissions (amortized over 10 years) would range between $800 and $4,000 per ton of VOC emissions reduced [Note: these cost estimates have not been adjusted for inflation since their original guideline publication dates].
In 2007 a Department investigation identified no facilities that would be subject to a proposed SOCMI VOC RACT rule for air oxidation, distillation, or reactor operations. Nevertheless, this rule is being proposed to avoid potential EPA action in the event that any SOCMI facilities are identified in Wisconsin's ozone nonattainment areas in the future.
No local governments currently process the VOC waste streams from SOCMI air oxidation, distillation and reactor operations. Consequently, there would be no local government costs associated with implementing the proposed SOCMI VOC RACT rule.
The Department is also proposing a minor change to s.
NR 439.075 (2) (c )3. j., Wis. Adm. Code, to reference s.
NR 440.705, Wis. Adm. Code, to require compliance emission testing for VOCs at reactor operations.
State fiscal effect
Indeterminate
Local government fiscal effect
None
Fund sources affected
PRO
Affected Ch.
20 appropriations
Long-range fiscal implications
