Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the July 31, 2009, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
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Administration
Creates Chapter
Adm 70, relating to electronic recording of documents in Wisconsin County Register of Deeds offices. Effective 8-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule will provide a clear path for recording documents electronically in Wisconsin allowing for speedier processing of conveyances. The rule will have no significant economic impact on a substantial number of small businesses as defined in s.
227.114 (1), Wis. Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Agriculture, Trade and Consumer Protection
Revises Chapter
ATCP 123, relating to customer access to subscription video services. Effective 8-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule implements and clarifies certain
2007 Act 42 provisions related to video service access and anti-discrimination. This rule incorporates the new provisions into current DATCP rules under ch.
ATCP 123, Wis. Adm. Code. This rule does all of the following:
• Clarifies that a “group" means 2 or more households. A video service provider denies access to a “group" if it denies access to all of the households comprising that “group."
• Defines “household" consistent with current statutes.
• Defines “low-income household" as a household with a combined annual income equal to less than 200% of the federal poverty level for a family of 3.
• Clarifies that a video service provider provides video service “access" to a household if the provider is able to provide video service to that household using the provider's normal service network or an equivalent alternative technology, regardless of whether any customer has ordered the service.
• Spells out the procedure by which a video service provider may ask DATCP to waive or extend the deadline for complying with a minimum access requirement:
□ A provider must submit a request in writing, in hard-copy and electronic form. The request must justify the proposed waiver or extension, based on statutory criteria, and must include facts and evidence supporting the justification. DATCP may request relevant supplementary information.
□ Within 30 business days after DATCP receives a written request, it must issue a proposed order granting the request, denying the request, or granting the request in modified form. DATCP must issue a press release announcing the proposed order and inviting public comment. DATCP may hold one or more public hearings on the proposed order.
□ Within 60 business days after DATCP issues a proposed order, DATCP must issue a final order. If the final order differs from the proposed order, DATCP must explain the reasons for difference.
• Clarifies that a “large telecommunications service provider" must file its required annual progress report with DATCP by January 31 of each calendar year, beginning with the first calendar year after the provider first provides video service under a state franchise. The provider must provide annual progress reports until DATCP makes a written determination that the provider has met applicable minimum access requirements.
In a separate rule-making proceeding (Clearinghouse Rule No. 08-027), DATCP has proposed a definition of “video service" that would also apply to this rule. That definition is identical to the definition in s.
66.0420(1)(y), Stats. This rule also incorporates new statutory definitions created by
2007 Wis. Act 42.
DATCP has not incorporated a small business enforcement policy in this rule, as
2007 Act 42 had a major impact on video service providers in Wisconsin. This rule interprets and clarifies portions of Act 42 related to customer access to video services, and discrimination in service access. This rule does not add any substantive requirements or prohibitions, beyond what is already contained in Act 42. In addition, none of the video service providers affected by Act 42 or this rule are small businesses, so this rule will have no impact on small businesses.
Summary of Comments by Legislative Review Committees
On November 17, 2009, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Commerce, Utilities, Energy and Rail and to the Assembly Committee on Energy and Utilities. The Senate Committee on Commerce, Utilities, Energy and Rail did not hold a hearing and took no action. The Assembly Committee on Energy and Utilities did not hold a hearing and took no action.
Commerce
Flammable, Combustible and Hazardous Liquids,
Ch.
Comm 10
Revises Chapters
Comm 2 and
10, relating to flammable, combustible and hazardous liquids, and affecting small businesses. Effective 8-1-09.
Summary of Final Regulatory Flexibility Analysis
These rules are primarily intended to implement the operator-training criteria issued by the United States Environmental Protection Agency in response to the federal Energy Policy Act of 2005. These criteria apply to all federally regulated underground storage tank systems, and include having three levels of operators designated for each tank system.
For the deadline for having a Class A, Class B and Class C operator, in section
Comm 10.820, a phase-in schedule is established that (1) applies EPA's August 8, 2012, deadline only to small businesses; and (2) applies an earlier, January 1, 2012, deadline to all other facilities. This phase-in is consistent with the requirements in section
227.22 (2) (e) of the Statutes for allowing small businesses extra time to comply with new rules that have a significant economic impact.
Additional less stringent requirements are not proposed for small businesses because the overriding federal criteria do not provide such flexibility.
Although no reports are newly required for complying with the rules, new documentation requirements include providing written, emergency-response instructions to Class C operators; posting emergency-contact information at unattended fueling facilities; and maintaining a current record of who the Class A, Class B and Class C operators are at each facility.
Class A and Class B operators would have to pass an examination, which may cost about $75. Individuals who need training in order to pass the exam may incur training costs ranging from $75 to $350. Costs for training Class C operators are not expected to be significant because all Class C training will be provided by, or authorized by, the Class B operator for the facility.
No issues were raised by small businesses during the public-Hearing stage.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Revises Chapters
NR 422,
423,
439, and
484, relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone non-attainment counties, and affecting small business. Effective 8-1-09.
Summary of Final Regulatory Flexibility Analysis
The proposed regulations will have a minimal economic cost to individual small businesses because the major control requirements apply only to large facilities. Additionally, solvent cleaning work practices are considered standard industrial practice, therefore it is anticipated that most businesses affected by these rules are already implementing the requirements. The Department has therefore concluded that the rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a public hearing and the Department did not receive any comments or requests for modification from either of the committees.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Revises Chapters
NR 419 and
484, relating to VOC emission controls for industrial wastewater collection and treatment operations. Effective 8-1-09.
Summary of Final Regulatory Flexibility Analysis
The DNR does not believe that the rule will have a significant economic impact on small businesses. Due to the 100 ton/year applicability threshold in the rule, it is highly unlikely that a small business, as defined under s.
227.114 (1), Stats., would have an IWCT operation that triggers the emission reduction requirements in the rule.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a public hearing and the Department did not receive any comments or requests for modification from either of the committees.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Amends section
NR 439.075 (2) (c) 3. j. and creates section
NR 421.07, relating to the application of reasonably available control technology for volatile organic compound emissions from certain operations within the synthetic organic chemical manufacturing industry. Effective 8-1-09.
Summary of Final Regulatory Flexibility Analysis
The DNR does not believe that the rule will have a significant economic impact on a substantial number of small businesses. Due to the 100 ton/year applicability threshold in the rule, it is highly unlikely that a small business, as defined under s.
227.114 (1), Stats., would have a synthetic organic chemical manufacturing industry operation that triggers the emission reduction requirements in the rule.
Summary of Comments by Legislative Review Committees
