WDNR will also propose language changes to ch.
NR 406 regarding administrative permit revisions for construction permits. There is language in s.
NR 407.11 related to administrative permit revisions for operation permits. Only if requested by the permittee, this language allows WDNR to revise an operation permit administratively for correction of a typographical error; a change in name, address, or telephone number that is unrelated to emissions; more frequent monitoring, recordkeeping, or reporting; a change in ownership or operation control; and revision of an operation permit to include construction permit requirements. There is a need to allow a permit applicant to request similar changes to construction permits, and the WDNR believes making these changes through an administrative process similar to that outlined in s.
NR 407.11 is appropriate.
WDNR will propose to remove Table 2, regarding the “Levels of Air Contaminants For Determining Need For Inclusion In Permit Applications for Calendar Years 2003 and Earlier" from s.
NR 407.05, as it is out of date and was replaced by Table 3, “Levels of Air Contaminants For Determining Need For Inclusion in Permit Applications for Calendar Years 2004 and Later".
The evaluation of s.
NR 445.09 is necessary to ensure that a facility's ability to comply with state rules does not result in an inability to comply with federal requirements. An example of federal requirements where this type of conflict exists is
40 CFR 1065 Subpart H. Section
NR 445.09 describes fuel requirements for compression ignition internal combustion engines combusting fuel oil. There are types of engines that may be out of compliance with federal requirements if they comply with state requirements. WDNR will propose rule changes to s.
NR 445.09 only to the extent necessary to ensure that compliance with s.
NR 445.09 does not result in an inability to comply with federal requirements.
In addition to the specific changes WDNR is proposing to make, there are potential changes to chs.
NR 406 and
407 that WDNR will explore and evaluate. Through workgroups comprised of internal and external stakeholders, WDNR will evaluate rules to address opportunities that may make more facilities eligible for simplified permitting. WDNR will investigate the possibility and appropriateness of expanding existing exemptions and creating new exemptions that may allow additional minor sources to be exempt from construction permitting. Exemptions that may be examined for expansion include the exemptions in ss.
NR 406.04 (1q) and
407.03 (1m) for minor source permitting and the 10 Million British Thermal Unit (MMBTU) thresholds for distillate oil in the exemptions for external combustion furnaces, in ss.
NR 406.04 (1) (a) and
407.03 (1) (a). The WDNR may also examine the development of an exemption for incineration of small quantities of pharmaceutical drugs.
In order to simplify permitting in certain situations, WDNR may explore the possibility of re-defining emergency generators in s.
NR 400.02 (56) so that the emergency generator exemption in s.
NR 406.04 (1) (w) is applied consistently and appropriately in permits. WDNR will examine the criteria in s NR 406.03 (2) (b), related to undue hardship for a construction permit waiver to ensure consistency with the flexibility believed to be provided by s.
285.61 (5m), Wis. Stats. WDNR is also proposing to examine existing eligibility criteria for registration permits.
Through a retrospective rule review process where each state agency reviewed and took public comment on existing rules, one stakeholder identified a possible permit processing change. In situations where facilities have an operation permit and want to add an emissions unit that is exempt from construction permitting, the facility is currently obligated to submit operation permit revision forms prior to construction. WDNR may evaluate the possibility of changing the revision submittal date to prior to beginning operation.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Regarding construction permits, the purpose of ch.
NR 406, in part, is described under s.
NR 406.01 (2) as necessary “[t]o exempt types of stationary sources from the requirement to obtain a construction permit and to establish permit and permit review requirements and permit duration for construction permits." The proposals for rulemaking or evaluation related to ch.
NR 406 are in accordance with the purpose of the construction permit program.
Regarding operation permits, the purpose of ch.
NR 407, in part, is described under s.
NR 407.01 (2) as necessary “[t]o establish a schedule of dates for the submission of operation permit applications and a schedule of dates for requiring operation permits for various categories of direct stationary sources and to specify the content of operation permit applications and operation permits. This chapter also sets forth procedures for revising, suspending and revoking operation permits." The rulemaking and evaluation proposals related to ch.
NR 407 are in accordance with the purpose of the operation permit program.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
285.11 (1), Wis. Stats., requires WDNR to, “Promulgate rules implementing and consistent with this chapter and s.
299.15."
Section
285.11 (14), Wis. Stats., requires WDNR to “Promulgate by rule the actions or events which constitute the reconstruction of a major source."
Section
285.11 (15), Wis. Stats., requires WDNR to “Promulgate by rule the actions or events which constitute the shutdown of a facility."
Section
285.21 (3), Wis. Stats., directs that, “The department shall promulgate rules to define what constitutes the cause or exacerbation of a violation of an ambient air quality standard or ambient air increment."
Section
285.60 (2g) (a), Wis. Stats., requires that the department establish by rule a simplified process under which the department may issue a registration permit authorizing construction or operation or both for a stationary source with low actual or potential emissions. The department shall also “[i]nclude criteria for identifying categories of sources the owners or operators of which may elect to obtain registration permits
…"
Section
285.60 (5m), Wis. Stats., both requires and allows the department to promulgate rules allowing for a waiver of construction permit requirements. In the first case, “[t]he department shall promulgate rules under which a person is allowed to commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction permit upon a showing that commencing construction, reconstruction, replacement, or modification prior to the issuance of the permit is necessary to avoid undue hardship." In the second case, the statute provides that “[t]he department may allow a person to commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction permit on a case-by-case basis or on bases specified in a rule." In both cases, the department may not promulgate rules that conflict with the federal clean air act.
Section
285.60 (6), Wis. Stats., addresses exemption by rule and states in s.
285.60 (6) (a), Wis. Stats., “Notwithstanding the other provisions of this section the department may, by rule, exempt types of stationary sources from any requirement of this section if the potential emissions from the sources do not present a significant hazard to public health safety or welfare or to the environment." Further, s.
285.60 (6) (b), Wis. Stats., states, “Subject to sub. (8), the department shall, by rule, exempt minor sources from the requirement to obtain a construction permit and an operation permit if the emissions from the sources do no present a significant hazard to public health, safety or welfare to the environment. And s.
285.60 (10), Wis. Stats., requires that “The department shall continually assess permit obligations imposed under this section and ss.
285.61 to
285.65, Wis. Stats., and implement measures that are consistent with this chapter and the federal clean air act to allow for timely installation and operation of equipment and processes and the pursuit of related economic activity by lessening those obligations, including consolidating the permits for sources at a facility into one permit, expanding exemptions under sub. (6), and expanding the availability of registration permits under sub. (2g), general permits under sub. (3), and construction permit waivers under sub. (5m)."
Section
285.67, Wis. Stats., “The department shall promulgate rules establishing criteria and procedures for revising
…air pollution control permits."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 1200 to 1500 hours will be spent by WDNR staff.
List with Description of All Entities that May Be Affected by the Proposed Rule
The proposed rule package may affect many different entities. It is difficult to identify specific source categories because this applies to anyone that may need to get a permit or make a determination regarding permit applicability. Many of the rulemaking proposals as part of this package will target minor sources statewide. The proposed changes to chs.
NR 406 and
407, could affect any source subject to construction or operation permit requirements and this rule is not specifically targeting types of industry or pollutants. Regarding the proposed changes to s.
NR 445.09, the only known sources that will be affected include a small number of engine manufacturers.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
WDNR has federally granted authority to implement both the construction and operation permit programs through the State Implementation Plan (SIP). Many of the proposed rules will be more likely to affect minor sources and small businesses. All proposed rules will be consistent with current federal CAA requirements.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The economic impact of the proposed and anticipated rules is expected to be moderate. In most cases, the changes proposed will result in cost savings for business, especially small business.
Contact Person
Gail Good, Wisconsin Department of Natural Resources, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, 608 267-0803,
gail.good@wisconsin.gov.
Nursing
The statement of scope was approved by the governor on January 4, 2013.
Rule No.
Relating to
Nurse licensure compact.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to create rules to facilitate and coordinate implementation of the nurse licensure compact.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed To Be Included in the Rule, and an Analysis of Policy Alternatives
Wisconsin is a party of the Nurse Licensure Compact. The Nurse Licensure Compact requires the adoption of the uniform rules for facilitation and coordination of the implementation of the Nurse Licensure Compact.
Failure to implement the uniform rules may jeopardize our participation in the Nurse Licensure Compact. The Nurse Licensure Compact allows nurses to practice across state lines. If Wisconsin were removed from the Nurse Licensure Compact, there would be a serious economic impact on the state. In addition, nurses licensed in Wisconsin would be ineligible to practice out of state under their Wisconsin license.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
441.01 (3), Stats.
…It [board] shall approve all rules for the administration of this chapter in accordance with ch.
227.
Section
441.50 (6) (d) , Stats. Notwithstanding any other powers, party state nurse licensing boards shall have the authority to do any of the following: Promulgate uniform rules and regulations as provided for in sub. (8) (c).
Section
441.50 (8) (c) , Stats. Compact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this compact. These uniform rules shall be adopted by party states, under the authority invested under sub. (6) (d).
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
List with Description of all Entities that May Be Affected by the Proposed Rule
Applicants, licensees and health care entities.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to Be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule
None or minimal economic impact.
Contact Person
Sharon Henes, (608) 261-2377.
Revenue
The statement of scope was approved by the governor on December 27, 2012.
Rule No.
Relating to
Lottery retailers.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
• Amend s.
Tax 61.08 (11) (h) and
(k) to eliminate discretionary authority of the Lottery Administrator that is not provided by law.
• Create a provision in s.
Tax 61.08 (13) to allow a retailer's account to be credited for the value paid for instant scratch tickets that have been stolen.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
565.02 (4) (a), Stats., provides the department may promulgate rules “[i]mplementing the provisions of this chapter."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
List with Description of All Entities that May Be Affected by the Proposed Rule
Lottery retailers and other businesses and individuals who rely on clear, current, and concise rules.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven, (608) 266-8253.
