Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objective of this rule package is to revise language in chs.
NR 405 and
408 to maintain consistency with federal requirements and definitions. Additionally, sections of chs. NR 400 and 410 need to be repealed due to the repeal of ch. NR 411.
In May 2006, the Wisconsin Department of Natural Resources (WDNR) requested approval by the U.S. Environmental Protection Agency (USEPA) of rules promulgated by Wisconsin to incorporate federal New Source Review Reform requirements as a revision to the State Implementation Plan (SIP). The USEPA approved the SIP revisions, but subsequently requested changes to language in chs.
NR 405 and
408. The changes pertain to the fuel use prohibition that is part of the definition of “major modification".
Chapter
NR 405.02 (25i) defines “Regulated NSR air contaminant" and includes an example of volatile organic compounds as a precursor for ozone. USEPA has requested inclusion of nitrogen oxides (NO
x) in the example contained in the definition for clarification purposes.
On April 27, 2011, the Joint Committee for Review of Administrative Rules (JCRAR) adopted a motion under s.
227.26 (2) (d), Wis. Stats., suspending ch.
NR 411. Subsequent passage of legislation introduced by JCRAR in support of the suspension (see
2011 Wisconsin Act 121), resulted in the repeal of ch.
NR 411. The primary purpose of ch.
NR 411 had been to control carbon monoxide emissions from indirect sources through conditions established in construction and operation permits. Therefore the WDNR proposes to repeal rules whose only purpose is in support of ch.
NR 411. Rules proposed for repeal include ss.
NR 400.02 (101) and
(106), and
410.03 (3). Sections
NR 400.02 (101) and
(106) define `modified indirect source' and `new indirect source' respectively. Section
NR 410.03 (3) establishes fees for the application and issuance of permits to construct or modify an indirect source under ch.
NR 411.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
In a letter dated June 17, 2009, the USEPA notified the WDNR that the definition of the term “major modification" in s.
NR 405.02 was inadequate because it failed to identify permits issued under federal authority. Wisconsin's Prevention of Significant Deterioration (PSD) program was approved into its SIP on June 28, 1999. Before that, PSD construction permits were issued under federal authority. When ch.
NR 405.02 (21) (b) (5) was written, the references to federal authority were inadvertently left out. Because the federal citations were left out of the rule, USEPA identified that in a very limited situation, the current state definition would allow a source to make a change to use a different fuel or raw material without undergoing major new source permit review for the change, even though the change could be prohibited under a federal permit. The WDNR will amend this definition to ensure that it is consistent with USEPA rule and policy and recognizes all federally issued permits.
The alternative to this rule action is to keep the rules as they are which USEPA has already identified as an inconsistency with federal PSD program. However, in a Federal Register filed June 14, 2012, USEPA disapproved the portions of the infrastructure SIP pertaining to chs.
NR 405 and
408 that would be addressed with this rulemaking. In the Federal Register, USEPA stated that they are under obligation to promulgate a Federal Implementation Plan (FIP) addressing the disapproved portions of the SIP within 2 years. The Federal Register states that the FIP will not be promulgated if WDNR rectifies the deficiencies within the 2 year timeframe.
The proposed clarification of NOx as a precursor to ozone is not a policy change, but a statement of fact.
Not repealing sections of chs.
NR 400 and
410 in response to the repeal of ch.
NR 411 by the legislature would potentially create confusion and perpetuate an inconsistency with WDNR rules.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
285.11(17), Wis. Stat., requires WDNR to “Promulgate rules, consistent with the federal clean air act, that modify the meaning of the term `modification' as it relates to specified categories of stationary sources
…". The proposed rule to make the WDNR definition of “major modification" consistent with the federal definition is necessary to be consistent with the statutes and the federal clean air act.
Section
285.11 (1), Wis. Stats., establishes that the WDNR shall “Promulgate rules implementing and consistent with this chapter and s.
299.15.". Section
285.60 (11) (b), Stats., effective March 21, 2012, establishes that the WDNR may not require a permit under this chapter for an indirect source. The proposed repeal of rules whose sole purpose is to support the issuance of permits for indirect sources is therefore necessary to be consistent with the statutes and to establish consistency within the administrative code.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 300 hours will be spent by WDNR staff.
List with Description of All Entities that may be Affected by the Proposed Rule
The WDNR believes that the number of major sources affected by the proposed rule changes to chs.
NR 405 and
408 will be small, if any. Under Wisconsin's Title V operation permit program all requirements that apply to a source are included in its operation permit. WDNR clearly recognizes that requirements contained in a federally issued major source construction permit apply to the source and are therefore included in the source's Title V operation permit issued by the WDNR, making the requirement fully enforceable under state and federal law. The WDNR is not aware of a single situation where this type of requirement existed in a federal construction permit and was not included the state Title V operation permit.
The addition of language to clarify that NOx is a precursor to ozone will have no impact on any entities.
No entities will be affected by the proposed repeal of rules related to indirect sources. Since ch. NR 411 has already been repealed through legislative action, rules whose only purpose was to support the implementation of ch. NR 411 are already moot. Therefore the proposed repeal of these rules will not have any effect.
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 rule changes proposed to chs.
NR 405 and
408 are requested by USEPA to maintain consistency with federal major modification definitions.
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 due to the changes proposed to chs.
NR 405 and
408 is expected to be minimal, in part because there are few permits that would be affected by this change. PSD sources are large emitters by definition and do not typically include small business, so the impact to small businesses should be minimal at most.
Chapter NR 411 has been repealed, and the department is now proposing to repeal rules whose only purpose was to support the implementation of ch.
NR 411. Therefore, the proposed repeal of these rules will have no economic impact.
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.
Public Service Commission
This statement of scope was approved by the governor on July 25, 2012.
Rule No.
Wis. Admin. Code Chapter
PSC 118,
PSC Docket 1-AC-240.
Relating to
Description of the Objective of the Rule and Expected Financial Impact
The objective of the rulemaking is to amend relevant sections of Wis. Admin. Code ch.
PSC 118 relating to renewable resource credits as a result of statutory changes adopted in
2011 Wisconsin Act 155, effective April 10, 2012. This rulemaking is expected to have no or minimal financial impact.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
The purpose of the rulemaking is to amend Wis. Admin. Code ch.
PSC 118 relating to renewable resource credits to conform to the statutory changes made by
2011 Wisconsin Act 155. This will be accomplished in the following ways: (1) revise the definition of a renewable resource credit to be consistent with the statute; (2) allow a “customer or member of an electric provider" to create a renewable resource credit under Wis. Stat. s.
196.378 (3) (a) 1m;
(3) include wind energy and hydroelectric energy as additional types of energy from which a renewable resource credit may be created under Wis. Stat. s.
196.378 (3) (a) 1m.; and
(4) revise Wis. Admin. Code ch.
PSC 118 to reflect the statutory provisions regarding banking of credits. The degree of impact is expected to be wholly positive, offering greater opportunities to create renewable resource credits consistent with the Legislature's changes to Wis. Stat. s.
196.378 under
2011 Wisconsin Act 155.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
This rulemaking is conducted by the Commission under Wis. Stat. 196.02 (1) (“do all things necessary and convenient to its jurisdiction"); 196.03 (“The commission may adopt reasonable rules to . . . regulate the mode and manner of all . . . investigations and hearings"); 196.378 (3) (a) 1m. (“The commission shall promulgate rules that allow an electric provider or customer or member of an electric provider to create a renewable resource credit based on . . . [various things, including] wind energy; hydroelectric energy"); 196.378 (3) (a) 2. (“The commission shall promulgate rules for calculating the amount of a renewable resource credit that is bankable from a renewable facility . . ."); 196.378 (4) (“The commission may promulgate rules that designate a resource . . . as a renewable resource"); and, Wis. Stat. s.
196.44 (The commission . . . shall enforce all laws relating to public utilities . . . ."). In addition, the Commission has general power granted to all state agencies under Wis. Stat. s.
227.11 (2) (a) (“Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statue, . . . .").
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Commission estimates 150 hours of state employee time to develop the rule. No extraordinary resources are anticipated.
Description of All Entities that may be Impacted by the Rule
All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change. There is no anticipated impact on utility ratepayers.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
No comparison with federal regulations can be made because there is no federal renewable portfolio standard. Two bills proposing a national renewable portfolio standard were introduced in the 112th Congress, but neither has been enacted:
1. Senate Bill 741, a bill to amend the Public Utility Regulatory Policies Act of 1978 to establish a renewable electricity standard, and for other purposes. Senator Tom Udall (NM) introduced the bill on April 6, 2011. The bill was then referred to Senate committee where it was read twice and referred to the Committee on Energy and Natural Resources.
2. Senate Bill 559, Securing America's Future with Energy and Sustainable Technologies Act. Senator Amy Klobuchar (MN) introduced this bill on March 10, 2011. The bill was then referred to Senate committee where it was read twice and referred to the Committee on Finance.
There are no known federal regulations governing the creation of renewable resource credits or their equivalent.
The intent of this rulemaking is to amend Wis. Admin. Code ch.
PSC 118 relating to renewable resource credits to conform to the statutory changes made by
2011 Wisconsin Act 155.
Contact Person
Arielle Silver Karsh
(608) 266-7165
Safety and Professional Services
Safety, Buildings, and Environment, General Part I,
Chs.
SPS 301-
319
This statement of scope was approved by the governor on June 29, 2012.
Rule No.
Relating to
Electrical.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The proposed rules would remove the mandatory requirements in the electrical code for the installation and use of arc-fault circuit-interrupter protection, ground-fault circuit-interrupter protection and tamper-resistant receptacles in dwelling units; thereby allowing a choice in the use of these devices.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Current rules mandate the use of these devices for new construction and some remodeling in both specific and general areas of dwelling units. The proposed rules would remove the requirement for the installation of the devices in dwelling units. Alternatives are to keep the current rules and any problems associated with their installation and use. Currently, devices may be removed in violation of the rules.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for chapter SPS 316 is contained in statutory sections 101.63 (1) for one- and two-family dwellings, 101.73 (1) for modular or manufactured dwellings, 101.82 (1) for general application of the electrical rules, and 101.973 for multifamily dwellings. Section
101.82 (1) specifically charges the department with promulgating by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. Where feasible, the rules are to reflect nationally recognized standards.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 600 hours, depending on the complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
List with Description of All Entities that may be Affected by the Proposed Rule
These rules may affect any dwelling unit, new or existing, where the installation or repair of electrical wiring will be undertaken. The rules may also affect any designer, installer or inspector of electrical wiring for dwellings, along with owners, occupants and guests in these dwelling units.
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 are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Fire Protection Association's National Electrical Code ® (NEC) and are primarily directed at workplace safety. The following regulation directly affects the electrical installations in manufactured dwellings (mobile homes):
• Title 24 CFR, Part 3280 – Manufactured Home Construction and Safety Standards. Subpart I – Electrical Systems. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC. In the scope of the regulations it is indicated in (b) that “The use of arc-fault breakers under Articles 210.12(A) and (B), 440.65, and 550.25(A) and (B) of the National Electrical Code, NFPA No. 70-2005 is not required. However, if arc-fault breakers are provided, such use must be in accordance with the National Electrical code, NFPA No. 70-2005."
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The cost of construction for new and the cost of maintenance on existing dwellings will decrease depending on the preference of installing the listed devices. The economic impact is minimal.
Contact Person
Jim Quast, Program Manager 608 266 9292.
