Types of small businesses affected: Insurance agents and agencies.
Description of reporting and bookkeeping procedures required: None beyond those currently required.
Description of professional skills required: None beyond those currently required.
Small business regulatory coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
Summary
This rule change will have no significant effect on the private sector regulated by OCI.
The Office of the Commissioner of Insurance (OCI) currently has a contract with a vendor to provide resident agent licensing exams and tracking of continuing education credits for insurance agents. The cost of the contract to provide these services to resident agents is currently more than the revenues that OCI brings in from the resident agents. This increase in fees will bring the costs and revenues more into alignment.
OCI projects issuing a total of 19,257 resident and nonresident agent licenses each year. The increased revenue from the increase in agent license fees is projected to be $1,109,300 per year with $110, 900 of the revenue going to GPR-Earned and $998,400 being retained by OCI.
OCI projects a total of 56,007 resident and nonresident agent biennial renewals each year. The increased revenue from the increase in the biennial renewal fee is projected to be $908,800 per year with $90,900 going to GPR-Earned and $817,900 being retained by OCI.
Total GPR-Earned $201,800
Total PR $1,816,300
Total Revenue $2,018,100
State fiscal effect
Increase existing revenues.
Local government fiscal effect
None.
Long-range fiscal implications
OCI will no longer be paying its vendor more per resident agent licensing examination than it receives in revenues from these resident agents.
Agency Contact Person
Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster St – 2nd Floor,
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
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),
285.11 (1) and
(16),
285.60 (6), and
285.67, Stats., the Department of Natural Resources, hereinafter the DNR, will hold a public hearing to consider proposed rule revisions to Chapters
NR 406,
407,
419,
439, and
484, relating to federal hazardous air pollutant regulations, biodiesel fuel, incorporation of statutory changes, and air permit applications.
The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6), Stats., will be revised.
Hearing Information
Date and Time: Location:
April 16, 2009 Dept. of Natural Resources Bldg.
11:00 a.m. - 12:30 p.m. (GEF 2).— Room 613
101 South Webster Street
Madison, WI 53703
The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult, please contact Robert Eckdale in writing at the DNR, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707; by E-mail to
robert.eckdale@wisconsin.gov; or by calling (608) 266-2856. A request must include specific information and be received 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 from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi.us/ air/rules/calendar.htm . 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 by contacting Robert Eckdale, Bureau of Air Management Rules Coordinator, by e-mail at
robert.eckdale@ wisconsin.gov or by calling 608-266-2856.
Submission of Written Comments
Comments on the proposed rule must be received on or before April 24, 2009. Written comments may be submitted by mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Joseph Brehm
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone: 608-267-7541
Fax: 608-267-0560
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives state agencies general rulemaking authority. Section
285.11 (1), Stats., gives the Department authority to promulgate rules consistent with ch.
285, Stats. Section
285.11 (6), Stats., gives the Department the authority to develop a state implementation plan for the control of air pollution. Section
285.11 (16), Stats., requires the Department to promulgate rules, consistent with but no more restrictive than the federal clean air act, that specify the amounts of emissions that result in a stationary source being classified as a major source. Section
285.60 (6) Stats., allows the Department to promulgate rules to exempt types of stationary sources from the requirement to get a construction permit, if the potential emissions from the sources do not present a significant hazard to public health, safety, welfare or to the environment. Section
285.67, Stats., requires the Department to promulgate rules establishing criteria and procedures for revising air pollution control permits.
Related statute or rule
These rules relate directly to the permitting of activities that result in air emissions. The consent of the Attorney General will be requested for the incorporation by reference of an ASTM test method, in ch.
NR 484.
Plain language analysis
The main objective of the proposed rule is to update permit language in chs.
NR 406 and
407 regarding federal Generally Available Control Technology (GACT) rules for hazardous air pollutants. The current state rules do not exempt certain source categories from the need to obtain a construction or operation permit as is done on the federal level. Sources in Wisconsin potentially affected by this rule are bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities (gas stations), pipeline facilities and wood preserving facilities.
Rules are also proposed that add biodiesel fuel, by definition, as an alternative clean fuel. Currently a permit modification for existing sources, or a construction permit for new sources, is required in order to burn it.
This proposal would also amend the time frame for submittal of operation permit renewal applications. Current rules require the application be submitted 12-18 months prior to the expiration of the operation permit. The Department proposes to change this deadline to no later than six months prior to the expiration of the operation permit to reflect updated statutory requirements in s.
285.66(3)(a), Stats.
Currently only selected portions of our rules require submittal of two copies of permit applications and related materials. The proposed rule would correct this inconsistency so that two copies are required in all cases. Additionally, language will be added to allow for electronic copies. Two copies are required as one is retained by the central office and one copy is sent to the appropriate regional office.
Other non-substantive changes are being proposed for consistency, to update outdated rule language and to provide clarification where needed.
Comparison with federal regulations
The changes to chs.
NR 406 and
407, Wis. Adm. Code, are incorporating updates from federal rules, as referenced in Section 5. Chapter
NR 407 is being changed as a result of a statutory change on the timeframe for the submittal of an operation permit renewal application. Other changes, to chs.
406,
407,
419 and
439 provide consistency within the rules by updating outdated language and providing clarification where appropriate. Chapter
484 is being amended to add an ASTM method for the testing of bio-diesel fuels
Comparison with similar rules in adjacent states
All the states (Illinois, Iowa, Michigan and Minnesota) manage an air construction and operation permit program. Comparisons between programs are difficult due to the varying ways sources may be exempt and how programs are funded.
The federal rules are effective nation-wide and the rules being proposed by the Department are essentially identical to the federal rules so the portions of the proposed rules dealing with the GACT standard should be similar or identical to rules in effect in adjacent states that have similar programs.
Summary of factual data and analytical methodologies
Since the Department is proposing rules consistent with federal regulations, and making consistency and clarification changes, the Department did not, with one exception, make use of any factual data or analytical methodologies in the rule development. That exception is the proposed amendment to ch.
NR 484.
The only exception is the adding of biodiesel as a clean fuel. Based on emission information developed by EPA in “A Comprehensive Analysis of Biodiesel Impacts on Exhaust Emissions" (October 2002,
http://www.epa.gov/OMS/ models/biodsl.htm), emissions from the burning of biodiesel are less than those of distillate fuels, except for Nitrogen Oxides (NO
x). NO
x emissions are approximately, 10% higher for a 20% blend of biodiesel and distillate fuels. Normally, biodiesel is not burned independently from other fuel types. By blending the fuels, existing burner design and fuel feed systems do not need to be altered. Emissions of hydrocarbons (21.1), particulate matter (10.1) and carbon monoxide (11.0) were all reduced with a 20% by the amounts shown in the parentheses. Carbon dioxide remained approximately the same.
Analysis and supporting documents used to determine the effect on small business
An analysis of the effect of the proposed rules on small business was not performed since most of the changes are identical requirements that are already in effect at a federal level, and the Department is required by statute to adopt federal regulations or to develop similar standards. Preparation of an economic impact report has not been requested. The proposed changes not based on federal regulations, were clarification in nature or updating of old or outdated language in the rules.
Small Business Impact
Because the proposed GACT rule changes for permitting sources of hazardous air pollutants may result in a limited number of sources becoming subject to federal operation permit requirements, some small businesses may be required to report their compliance status semi-annually instead of annually.
The proposed rule is not expected to have a significant economic impact on small businesses nor have a significant economic effect on any entity.
Fiscal Estimate
Summary
It is assumed there will be no direct fiscal effect with these rule changes. The proposed changes are intended to clarify the current rules and update permit requirements for hazardous air pollutants. These changes will result in clarifications and some permit exemptions, but not in substantial dollar savings or expenditures.
The DNR does not believe the proposed rule changes will have a significant effect on the private sector or on state and local governments. Minor savings may result from a proposed reduction in reporting requirements from semi-annual to annual, affecting both private and government owned facilities. In addition, minor savings could result from a proposed change to consider a switch to burning bio-fuels as a permit revision, and not a permit modification. Where the DNR charges a fee for a permit modification, there are no fees associated with a permit revision.
State fiscal effect
None
Local government fiscal effect
None
Long-range fiscal implications
NA
Environmental Impact
