No new reporting or recordkeeping would be needed for compliance with these rules.
Types of professional skills necessary for compliance with the rules.
No new professional skills would be needed for compliance with these rules.
Rules have a significant economic impact on small businesses?
No
Environmental Assessment
The Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Department of Commerce
P.O. Box 14427
Madison, Wisconsin 53701
Telephone (608) 266-0797
or TTY (608) 264-8777
Written comments will be accepted until March 8, 2010
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
There are no requirements in this proposal that should significantly affect either state or local government costs or revenues.
The anticipated costs that may be incurred by the private sector in complying with new requirements in the proposed rules are adequately described in the rule analysis.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None known or anticipated.
Agency Contact Information
Sam Rockweiler, Wisconsin Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI, 53708-0427; telephone (608) 266-0797; e-mail
sam.rockweiler@wi.gov.
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to sections
101.02 (1),
168.04 (1),
168.16 (4), and
227.11 (2) (a) of the Statutes, the Department of Commerce will hold a public hearing on proposed rules to revise Chapter
Comm 48, relating to petroleum and other liquid fuel products, and affecting small businesses.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
February 26, 2010
Friday
At 10:00 a.m.
|
Thompson Commerce Center, Third Floor, Room 3B
201 West Washington Avenue
Madison, Wisconsin
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until March 3, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
sam.rockweiler@wi.us. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Proposed Rules
The proposed rules and an analysis of the rules are available on the Internet by entering “Comm 48" in the search engine at the following Web site:
https://health.wisconsin. gov/admrules/public/Home. Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at
sam.rockweiler@wi.us, or at telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Under section
101.02 (1) of the Statutes, the Department is required to adopt reasonable rules relative to the exercise of the Department's powers and authorities, and to the mode and manner of its inspections. Under chapter 168 of the Statutes, the Department is responsible for inspection of petroleum and other liquid fuel products that come into Wisconsin. Chapter
168 requires that these products meet minimum product-grade specifications as prescribed by rule by the Department; and that the Department's inspections be conducted, so far as applicable, in accordance with the latest standards produced by ASTM International. Section
168.16 (4) of the Statutes specifically authorizes the Department to promulgate reasonable rules relating to the administration and enforcement of chapter 168. The Department also has authority under section
227.11 (2) (a) of the Statutes to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Related statute or rule
The proposed rule changes for chapter Comm 48 are related to rules in chapter Comm 10 that address inventory controls for motor vehicle fuels, and to rules in chapters Comm 10 and 14 that address storage of flammable and combustible liquids.
Plain language analysis
The proposed rule changes primarily consist of updating chapter Comm 48 to include the latest revisions of several recently updated ASTM International standards for petroleum and other liquid fuel products. Consent to adopting the ASTM standards will be obtained from the Attorney General prior to incorporating the standards into the rules.
The proposed changes also include several clarifications and refinements relating to administration and enforcement by the Department's inspectors. These changes would (1) further clarify that this chapter addresses not only petroleum-based fuels but also liquid fuels and fuel components which are not petroleum-based, such as ethanol and biodiesel; (2) authorize shutdown of a storage tank system if corresponding inventory, delivery or manifest records either have been falsified or are not available for inspection within 24 hours after being requested; (3) codify use of biodiesel-blended motor fuels of 6 to 20 percent biodiesel; (4) clarify that fuel products which are imported into the state are subject to sampling by the Department, instead of always sampled by the Department; (5) clarify that the Department tests samples at locations and frequencies which are designed to prevent sale of noncompliant fuel products, instead of testing all samples of all products; and (6) codify the maximum amount of water permitted in a fuel-storage tank.
Comparison with federal regulations
The Federal Trade Commission establishes requirements for accurate automotive fuel ratings, under Title 16 of the Code of Federal Regulations, Part 306 – which includes criteria for octane ratings, certification, and posting. Also included in Part 306 are detailed requirements for labeling retail diesel fuel dispensing devices that dispense fuel blends consisting of more than 5 percent by volume biodiesel fuel or biomass-based diesel fuel. Those detailed requirements include prescribed dispenser labels for blended fuels of 6 to 20 percent biodiesel fuel or biomass-based diesel fuel, and dispenser labels for blended fuels of more than 20 percent biodiesel fuel or biomass-based diesel fuel. The proposed rule changes for chapter Comm 48 include an informational Note referencing those labeling requirements.
Federal Environmental Protection Agency fuel standards mandate transitioning fully to ultra-low-sulfur diesel fuel, which has a sulfur content of no greater than 15 parts per million, and which is needed to enable heavy-duty engine components to consistently reduce particulate matter and nitrogen oxide emissions by 90 and 95 percent, respectively, below previous standard levels. The current deadlines for completing this transition are December 1, 2010, for highway vehicles — and 2014 for non-road, locomotive, and marine vehicles. The EPA is likewise implementing corresponding, similar reductions in sulfur levels in automotive gasoline. The proposed rule revisions for chapter Comm 48 do not directly address air-quality-based issues such as these, and therefore retain the current Wisconsin requirements that permit higher maximum sulfur levels in diesel fuel and automotive gasoline. These Wisconsin requirements are expected to be retained until the federally mandated transition is completed.
Comparison with rules in adjacent states
Minnesota, Iowa, Illinois, and Michigan all have requirements addressing the quality of motor vehicle fuels. An Internet-based search showed that Iowa, Illinois, and Michigan similarly apply the most recent, corresponding standards produced by ASTM International. Minnesota and Illinois were found to similarly collect samples of motor fuels, which are then tested appropriately.
Summary of factual data and analytical methodologies
In considering the latest revisions of the ASTM International standards, Department staff reviewed the corresponding topics addressed by ASTM International in updating each standard. In developing the clarifications and refinements relating to administration and enforcement, input from inspection staff was relied upon, particularly in relation to mandated product-inventory records that have been found to be either unavailable or unreliable.
The rules were also developed with assistance from the Department's advisory committee for petroleum and other liquid fuel products. The organizations represented on that advisory committee are as follows:
Wisconsin Biodiesel Association
Wisconsin Small Engine Consortium
Wisconsin Petroleum Council
Petroleum Marketers Association and Convenience Store Association of Wisconsin
Cooperative Network
Wisconsin Bio Industry Alliance
Renewable Fuels Association
National Petrochemical and Refiners Association
Analysis and supporting documents used to determine effect on small business
An economic impact report was not prepared. Consideration of the potential effects on small business was based on federal guidelines produced by the federal Small Business Administration's Office of Advocacy.
Small Business Impact
The proposed rules are not expected to impose significant costs or other impacts on a substantial number of businesses because the primary effect of the changes is to make chapter Comm 48 consistent with current regional and national standards for fuel quality, and with current administrative practices.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules may affect any business which brings petroleum or other liquid fuel products into Wisconsin, or which markets these products within Wisconsin.
Reporting, bookkeeping and other procedures required for compliance with the rules.
No new reporting, bookkeeping or other procedures would be required for compliance with the proposed rules.
Types of professional skills necessary for compliance with the rules.
No new professional skills would be necessary for compliance with the proposed rules.
Rules have a significant economic impact on small businesses?
No.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
There are no requirements in this proposal that should significantly affect either state or local government costs or revenues.
The anticipated costs that may be incurred by the private sector in complying with new requirements in the proposed rules are adequately described in the rule analysis.
State fiscal effect
None.
Local government fiscal effect
None.
