Scope Statements
Dentistry Examining Board
Subject
Revises Chapter
DE 2, relating to continuing education requirements for dentists and dental hygienists in Wisconsin.
Objective of the Rule
Policy Analysis
The statute provides an outline of the continuing education requirement. Rules are needed to provide more specific guidance as to compliance with the law.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
The Dentistry Examining Board, the Wisconsin Department of Regulation and Licensing, dentists, dental hygienists and continuing education providers.
Estimate of Time Needed to Develop the Rule
It is estimated that 100 hours will be needed to promulgate the rule.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapters
NR 404 and
438, relating to the new National Ambient Air Quality Standards for ozone and lead.
Objective of the Rule
Under the federal Clean Air Act, the US Environmental Protection Agency (EPA) has responsibility for promulgating National Ambient Air Quality Standards (NAAQS) which are designated to protect public health (primary standards) and public welfare (secondary standards). Under state law, if EPA promulgates a NAAQS, the Department is required to promulgate a similar, but no more restrictive standard. The EPA has recently promulgated new NAAQS for ozone and lead. In order to reflect current air quality health science and to maintain consistency with EPA-promulgated NAAQS, the Department is proposing to adopt EPA's newly promulgated NAAQS for ozone and lead into ch.
NR 404, Wis. Adm. Code, and to incorporate the revised lead reporting requirements into ch.
438, Wis. Adm. Code.
Policy Analysis
The Clean Air Act requires EPA to review the latest scientific information and standards every five years. Based on its conclusion that the more restrictive 8-hour ozone standard provides greater protection of public health, the EPA promulgated an 8-hour ozone NAAQS in 1997. In 2008, EPA significantly strengthened the 8-hour ozone NAAQS for ground-level ozone. The Department is now proposing to adopt the 2008 8-hour ozone NAAQS. The 2008 ozone standard provides even greater public health protection than did the 1997 ozone standard.
Based on its review of the air quality criteria and NAAQS for lead, EPA has revised the primary and secondary NAAQS for lead to provide requisite protection of public health and welfare respectively. By adopting the revised lead NAAQS, Wisconsin's air quality standards will be consistent with EPA's NAAQS.
As required by s.
285.21 (1) (a), Stats., Wisconsin must promulgate ambient air quality standards similar to the NAAQS for the protection of public health and welfare. Consequently, there are no apparent policy alternatives to this proposed action.
Statutory Authority
Comparison with Federal Regulations
A major purpose of this proposed rules package is to amend Wisconsin's ambient air quality standards in order to be consistent with the NAAQS, which are contained in Title 40, Part 50 of the Code of Federal Regulations (
40 CFR part 50). This consistency is required under s.
285.21 (1) (a), Stats.
Entities Affected by the Rule
Sources are not directly affected by adopting the NAAQS. They however may be affected if control programs are necessary to attain the NAAQS in the future. Due to a change in the reporting requirements, lead sources may have to report lead emissions that some have not previously reported.
Estimate of Time Needed to Develop the Rule
Approximately 382 hours of agency staff time is being budgeted to this proposed rule action.
Contact Information
Muhammed R. Islam
WI DNR Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: 608-264-9219
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapter
NR 422, relating to updating reasonably available control technology for volatile organic compound emissions from miscellaneous metal and plastic parts coating, industrial adhesives, and automobile and light-duty truck assembly coating.
Objective of the Rule
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compound (VOC) emissions in moderate and worse ozone nonattainment areas, for which the US EPA has published a Control Techniques Guideline (CTG) document. In October of 2008, the US EPA published several new CTG documents (
http://www.epa.gov/ ttn/naaqs/ozone/ctg_act/index.htm). DNR must revise ch.
NR 422 to set VOC RACT requirements consistent with the new CTG documents in Wisconsin's ozone nonattainment areas. The rule revisions are necessary to avoid potential federal sanctions, including withholding of federal highway funds, and implementation of a federal plan instead of State rules. Amendments to other chapters may also be necessary to accomplish the purpose of the RACT rule.
Policy Analysis
The source categories for which the US EPA has published a CTG document and for which Wisconsin needs to update VOC RACT rules are:
1. Miscellaneous Metal and Plastic Parts Coatings.
2. Miscellaneous Industrial Adhesives.
3. Automobile and Light-Duty Truck Assembly Coatings.
Since the Bureau of Air Management anticipates proposing rules substantially consistent with US EPA guidelines, it does not expect to encounter major policy decisions. Some minor deviations from the recommendations in the US EPA's guidelines may be necessary to improve implementation in Wisconsin.
Statutory Authority
Section
285.11 (6), Wis. Stats., requires DNR to develop a plan for the prevention, abatement and control of air pollution. With limited exceptions, the rules or control strategies for ozone control must conform to the federal Clean Air Act.
Comparison with Federal Regulations
To guide the states' VOC RACT rule development, the US EPA has developed CTG documents for use in establishing applicability criteria and emission limits for RACT rules. DNR's rule development will be based on and consistent with the US EPA guidance documents, but some minor changes from the US EPA's guidelines may be necessary to improve implementation in Wisconsin.
