Rule-Making Notices
Notice of Hearing
Commerce
Fee Schedule, Ch.
Comm 2Boilers and Pressure Vessels, Ch.
Comm 41Mechanical Refrigeration, Ch.
Comm 45
NOTICE IS HEREBY GIVEN that pursuant to sections
101.02 (15) (j),
101.177, and
101.19 of the Statutes, the Department of Commerce will hold a public hearing on proposed rules to revise Chapters
Comm 2,
41 and
45, relating to mechanical refrigeration, and affecting small businesses.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
March 4, 2010
Thursday
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 8, 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.gov. 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 them are available on the Internet by entering “Comm 45" 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.gov, 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 sections
101.02 (15) (h) to
(j) and
101.17 of the Statutes, the Department is required to establish rules and prescribe safeguards for protecting the life, health, safety and welfare of employees and frequenters of public buildings and places of employment. Under section
101.177 of the Statutes, the Department is required to establish rules relating to proper handling and use of ozone-depleting refrigerants and associated equipment. Section
101.19 of the Statutes authorizes the Department to assess fees for providing services.
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
Some of the mechanical refrigeration systems addressed by the proposed rules include pressure vessel components that are regulated by chapter Comm 41.
Plain language analysis
The proposed rule changes primarily consist of updating chapter Comm 45 to have it directly reference the latest editions of two applicable national standards, and to make it consistent with current industry and regulatory practices for mechanical refrigeration systems. The primary referenced national standard is ANSI/ASHRAE 15-2007, including its addenda a to i — and ANSI/IIAR 2-2008 is referenced for closed-circuit ammonia mechanical refrigeration systems. Comm 45 currently instead references ANSI/ASHRAE 15 indirectly by incorporating chapter 11 of the 2000 edition of the International Mechanical Code® (IMC), which in turn references a previous version of ANSI/ASHRAE 15. No substantive changes to administrative requirements are included.
Comparison with federal regulations
The US Environmental Protection Agency has regulations relating to production or release of various ozone-depleting refrigerants, but the proposed rule changes do not directly address the topics covered by those regulations.
Comparison with rules in adjacent states
Michigan:
Michigan regulates the design and installation of mechanical refrigeration systems by adopting the 2006 edition of the IMC. The IMC in turn references the 2001 and 1999 editions of the ASHRAE 15 and IIAR 2 standards, respectively.
Minnesota:
Minnesota's regulation is the same as Michigan — except closed-circuit ammonia refrigeration systems must comply with the 2008 edition of IIAR 2, and with the 2006 edition of B31.5 and the welding and welder criteria in section IX of the 2007 edition of the ASME Boiler and Pressure Vessel Code.
Illinois:
Illinois does not regulate mechanical refrigeration systems, and no corresponding Iowa regulations were found.
Summary of factual data and analytical methodologies
In considering the latest editions of ANSI/ASHRAE 15 and ANSI/IIAR 2, Department staff compared these standards to the requirements currently in Comm 45, and concluded that these standards are clearer and provide more detail than the current requirements and standards included in Comm 45, and would not impose significant costs or other impacts on a substantial number of businesses.
The rules were also developed with assistance from the Department's advisory council for mechanical refrigeration. The organizations represented on that advisory council are as follows:
Central Storage and Warehouse Company
City of Milwaukee
Mechanical Contractors Association of Wisconsin
Sheet Metal and Air Conditioning Contractors Association of Milwaukee, Inc.
University of Wisconsin — Madison
Vilter Manufacturing Corporation
Wisconsin Pipe Trades 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 guidelines produced by the federal Small Business Administration's Office of Advocacy. The advisory council referenced above did not identify any significant impacts relative to compliance with the proposed revisions updating chapter Comm 45.
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 45 consistent with current regional and national standards for mechanical refrigeration, and with current industry and regulatory practices.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
Owners and operators of public buildings and places of employment that use mechanical refrigeration systems, or other premises if ozone-depleting refrigerants exist.
Reporting, bookkeeping and other procedures required for compliance with the rules.
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
