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
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.
