Proposed changes are in response to
2011 Wisconsin Act 24, which allowed culling during permitted bass fishing tournaments, and efforts to improve customer service and staff efficiencies.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current fishing tournament rule has been in effect for over three years and the Fisheries Management Bureau has taken a critical look at the rule to identify areas for improvement. The Tournament Rule Review Task Force, which includes DNR Fisheries Management and Law Enforcement staff and public tournament organizers from Wisconsin BASS and the Midwest Walleye Series, has and will discuss suggestions for fishing tournament rule changes.
Current fishing tournament rules establish maximum amount of tournament fishing pressure that can occur on individual waterbodies, a process for applying for tournament permits, established fees to recover the costs associated with processing and issuing tournament permits, and outline conditions that may be added to the fishing tournament permit by the department to reduce unwanted mortality and prevent the spread of aquatic invasive species. These conditions are explicitly stated at the time of permit issuance.
After several years of issuing tournament permits and evaluating both angler and program management needs, the department is proposing more efficient and effective tournament rules. New policies may include:
•
defining “culling"
•
determining certain permit exceptions and participant limits
•
streamlining tournament permit application procedures
•
specifying boat and live well requirements
•
clarifying rules on border waters
•
clarifying use of tournament specific conditions for catch-hold-release bass and walleye tournaments
The rule may include additional policies and proposals discussed and proposed by the Tournament Rule Review Task Force.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.403 (1g) and
(3), Stats., authorizes the department to promulgate rules to establish a program to authorize and regulate fishing tournaments and establish the scope and applicability of the program.
Section
29.403 (2), Stats., provides that the department may require a permit to conduct a fishing tournament and may impose terms and conditions that apply to a specific permit.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule change would positively impact fishing tournament organizers and sport anglers who participate in fishing tournaments. No negative impact is expected for businesses, business associations, public utility rate payers, or local governmental units.
7. 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
The department is not aware of any existing or proposed federal regulation that would govern fishing tournaments in Wisconsin.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal or no economic impact locally or statewide (Level 3). The proposed rule change would impact fishing tournament organizers and sport anglers who participate in fishing tournaments. No negative impact is expected for businesses or business associations. No additional compliance or reporting requirements will be imposed on small businesses as a result of these rule changes.
Contact Person
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
400—
(DNR # AM-18-13)
This statement of scope was approved by the governor on May 8, 2013.
Rule No.
Relating to
Volatile organic compound control regulations for lithographic printing in.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The United States Environmental Protection Agency (EPA) revised control techniques guidelines (CTG) for volatile organic compound (VOC) emissions from lithographic printing in September 20061. This CTG serves as the basis for states with ozone nonattainment areas to promulgate and implement rules to control VOC emissions from the lithographic printing industry sector. The Department is required under s. 182 (b) (2) of the Clean Air Act (42 U.S.C. § 7511a(b)(2)) to submit a revision to the state implementation plan (SIP) that requires reasonably available control technology (RACT) for VOC emissions. In addition, the Department is required to keep RACT rules, such as those for lithographic printing, in place even after nonattainment areas are reclassified to attainment to ensure compliance with national air quality standards is maintained. This is commonly referred to the “anti-backsliding" provision of the Clean Air Act.
With the intent to satisfy this requirement, the Department proposed revised state rules for VOC emissions from lithographic printing operations that became effective on August 1, 2009. However, when the Department submitted the rules to EPA for approval as a revision to Wisconsin's SIP, EPA identified deficiencies in the rules and declined to approve them. The Department subsequently proposed amendments to the state rules to correct all of the EPA-identified deficiencies. These amended state rules, found under chs.
NR 422 and
NR 423, Wis. Adm. Code, became effective on February 1, 2012, and were subsequently approved by EPA as a revision to the SIP on August 7, 2012 [
77 FR 46961].
The final version of the lithographic printing rules approved by EPA is in two separate parts within the state rules, with part I containing the older regulation (i.e., pre-2006 CTG) and part II, the requirements based on the 2006 CTG. While technically sufficient, the Department received feedback that the two part organizational structure causes confusion that could lead to inconsistent interpretation and application of the rules. The Department is therefore proposing changes to simplify and streamline these rules to facilitate implementation and to enhance consistency and clarity. Additionally, in order to provide flexibility for small businesses, the Department may propose changes to compliance demonstration methods for a limited number of low emitting lithographic printing sources, which may include small businesses.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The Department's policy to require control of VOC emissions as a precursor to ozone formation, consistent with U.S. EPA requirements, is not being changed. The Department is clarifying and streamlining existing requirements as part of the proposed rules, not proposing any new policies. An alternative to this proposed rule action is to keep the rules as they are and to issue guidance memorandums, as necessary, to clarify specific issues. However, the Department believes this alternative would not bring the same degree of clarity nor long-term certainty to regulated sources and therefore would not be as effective as the proposed clarification and streamlining of the rules.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The legislature granted authority to the Department for the proposed rule-making in s.
285.11 (6), Stats., which states in part that the Department shall “Prepare and develop one or more comprehensive plans for the prevention, abatement and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform to the federal clean air act ..."
Two provisions of the Clean Air Act relate to the statutory authority granted to the Department to revise the state implementation plan for ozone and to ensure that rules submitted to the EPA conform to the Clean Air Act. First, section 183 (a) and (b) (1) of the Clean Air Act (42 U.S.C. § 7511b(a) and (b)(1)), require that the administrator of the EPA issue CTG for new stationary source categories, and periodically review and, if necessary, update CTG that were issued before the date of the enactment of the Clean Air Act amendments of 1990. Secondly, under section 182(b)(2) of the federal act (42 U.S.C. § 7511a(b)(2)), the state must submit to EPA a proposed revision of its ozone SIP that would require the implementation of reasonably available control technology (RACT) with respect to each category of VOC sources in the area covered by a CTG issued by the administrator between the date of the enactment of the clean air act amendments of 1990 and the date of attainment.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 432 hours will be spent by Department staff.
List with Description of all Entities that may be Affected by the Proposed Rule
Affected parties that will benefit from the proposed rule streamlining include small to medium-sized industrial sources based on air emissions in the category of lithographic printing. There are several organizations that may not be directly affected by the rule, but are likely to have an interest in rule development including Wisconsin Manufacturers and Commerce (WMC), Great Lakes Graphics Association, environmental organizations such as Clean Wisconsin and Sierra Club, and public health organizations.
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
The proposed rule will include streamlining modifications to rules affecting lithographic printing and may contain changes to compliance demonstration requirements now in effect, while continuing to meet the Clean Air Act requirements for our ozone SIP. There are no federal rules in effect that address the activities which would be regulated by the proposed rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is likely to Have an Economic Impact on Small Businesses)
Considering the rules are already in effect and the proposed changes are only intended to streamline, clarify, and potentially add flexibility, the overall economic impact, including impact on small business is expected to create a minimal to moderate reduction in the implementation and compliance costs compared to the existing rules.
Contact Person
Joseph Hoch,
joseph.hoch@wisconsin.gov, (608) 267-7543, Wisconsin Department of Natural Resources, 101 S Webster St (AM/7), Madison, WI 53703.
Natural Resources
Environmental Protection — Water Supply, Chs.
800—
(DNR # DG-15-13)
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Safe drinking water.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
NA
2. Detailed Description of the Objective of the Proposed Rule
The proposed revisions to Chapter
NR 809 seek to incorporate recently promulgated amendments made by the Environmental Protection Agency (EPA) to the Total Coliform Rule (TCR), adopt changes to other rules made by EPA that were not addressed during the last revision of the Chapter, and make corrections that will improve its utility and concordance with counterpart federal regulations.
The Department needs to update Chapter
NR 809 to promote greater public health protection and by doing that, maintain the primacy that EPA grants Wisconsin to administer the provisions of the Safe Drinking Water Act (SDWA).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The revised TCR requires public water systems that are vulnerable to microbial contamination to identify and fix conditions causing that vulnerability, and establishes criteria for systems to qualify and remain on a reduced monitoring frequency that will lessen their regulatory burden. The rule establishes compliance based on the presence of E. coli and eliminates the existing maximum contaminant level (MCL) for total coliforms. This change is more protective of public health because E. coli is a more specific indicator of fecal contamination and potential harmful pathogens than total coliforms. Under the revised TCR, systems that exceed a specified frequency of total coliform detection must conduct sanitary assessments and correct any deficiencies found. By establishing a more precise indicator of pathogenic contamination, requiring more frequent monitoring, and requiring rigorous assessment of the sanitary integrity of a supply system when any coliforms are detected, the revised TCR enhances public health directly and addresses conditions that may lead to potential public health risks.
Other revisions to Chapter
NR 809 covered under this scope do not encompass changes to existing policies and only change the chapter to update it with revisions made by EPA since the last chapter's revision or to make minor corrections needed to make Chapter
NR 809 more accurate.
The Department needs to amend Chapter
NR 809 to maintain its primacy to administer the SDWA. Alternative policies are not applicable since those would jeopardize the Department's delegated authority to implement the SDWA.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
“The department may establish, administer and maintain a safe drinking water program no less stringent than the requirements of the safe drinking water act,
42 USC 300f to
300j-26."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
This rule effort will require approximately 700 hours of state employees' time. Of that estimate, approximately 500 hours will be spent by the principal drafter of the TCR and the section's rule coordinator. The remaining hours are those projected to be spent by other participants of this rule revision team and our legal counsel.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All public water supply systems in Wisconsin:
•
Municipal
•
Other than Municipal (OTM)
•
Transient, non-community (TN)
•
Non transient, non-community (NN)
