Nature of the emergency
An emergency rule is necessary because the registration fee and training requirements are unnecessary expenses and regulations that affect the welfare of business and industry. Permanent rules cannot be adopted in time to eliminate the fee and training requirements for the 2014 registration year. The emergency and permanent rules will have similar provisions.
Proposed policies
DATCP proposes to streamline the annual registration requirements and eliminate the annual registration fee for operators of mobile air conditioner repair or service businesses. In addition, DATCP proposes to designate the technician training course approved by the EPA under
40 CFR 82.40 as a department-approved course. DATCP also proposes to modify the rule to removed outdated references and make any other minor revisions that may be necessary to harmonize the statute and rule. The proposed emergency rule would allow these changes to take effect for the 2014 licensing year.
Policy alternatives
The department could maintain the existing registration requirements and fees for operators of mobile air conditioner repair and service businesses. Alternatively, the department could reduce the annual registration fee, but not eliminate it. In addition, the department could continue to require additional Wisconsin-specific training for technicians. The department also could skip the emergency rule, which would keep existing fees and training requirements in effect until the permanent rule is promulgated.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
100.45 Mobile air conditioners
(5) Department duties. The department shall do all of the following:
(a) Promulgate rules for the administration of this section including establishing all of the following:
1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards.
2. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment or approved refrigerant recovery equipment to ensure that those individuals use procedures for containment of ozone-depleting refrigerant.
3. Fees to cover the costs of administering this section.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.25 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
Approximately 3,600 mobile air conditioning repair and servicing businesses and 11,000 technicians will be impacted by the rule. The proposed streamlined registration requirements, reduced fees, and expanded training options will save both technicians and their employers time and money and have a positive financial impact on those businesses.
Wisconsin technical colleges may also be impacted by the rule. Currently, the technical colleges are the major provider of the DATCP-required technician training. If the EPA-approved course is automatically considered to be “department-approved," attendance at the technical colleges' training courses may decline. Technicians could still choose to attend training provided by the technical colleges if they and their employers find it value-added. Technical colleges may also become authorized to provide EPA-approved training.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
At the national level, the EPA requires technicians to be trained and certified by an EPA-approved organization. The training must cover specific content areas, and technicians must pass a test demonstrating competency to be certified. Under the current DATCP rule, the EPA-approved course does not automatically meet the DATCP training standards. Therefore, a technician seeking certification in Wisconsin—who has already successfully completed the EPA approved course—must also (in most circumstances) complete a DATCP-approved course. Under the proposed rule revision, a technician who completes the EPA-approved course would meet the DATCP training requirements.
7. Anticipated Economic Impact
DATCP expects the proposed rule and emergency rule to have a positive economic effect on mobile air conditioning businesses. By eliminating the registration fee, approximately 3,600 licensed locations will save $120 per registered location, or about $420,000 statewide. In addition, by removing the duplicative training requirement, technicians (or their employers) will only be required to pay for and attend one training course, saving an unknown amount of time and money.
8. Contact Person
Jennifer Heaton-Amrhein, Program and Planning Analyst, DATCP; Phone (608) 224-5164.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # ER-30-13 and ER-31-13E)
This statement of scope was approved by the Governor on September 20, 2013.
Rule No.
Relating to
Addition of the Blanding's turtle to the State's Protected Wild Animal List, possession exemptions for native amphibians and reptiles, and turtle seasons and limits.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
An emergency rule, pursuant to s.
227.24, Stats., is necessary to preserve the public welfare and interest in ensuring a sustainable population of Blanding's turtles. The Blanding's turtle is proposed for delisting from the State's Threatened Species list per administrative rule ER-27-11, which is expected to take effect as early as December 2013. Although the Blanding's turtle no longer meets the scientific criteria for listing, the Department feels that the population is nonetheless too vulnerable to survive the threat of harvest and collection, and believes emergency rules are needed to ensure a proper recovery before these activities are permitted.
All turtles not listed as threatened or endangered in ch.
NR 27 or as otherwise specified have a 135-day open season (July 15-November 30) during which members of the public may capture and possess up to 5 individuals [ss.
NR 19.275 (4),
21.13 (4), and
22.13 (4)] per day. Permanent rule-making to protect Blanding's turtles from this harvest will not go into effect until after the 2014 open season for turtles is already underway. An emergency rule is therefore necessary to prevent the harvest and possession of Blanding's turtles during the 2014 open season until the permanent rule goes into effect.
The anticipated impact of collection and harvest to Blanding's turtle conservation and recovery in the state necessitates putting the emergency rule into effect during the 2014 open season for turtles while the agency complies with the permanent rule-making procedures.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this emergency and permanent rule is to protect Blanding's turtles from the threat of harvest and collection once they are removed from the Wisconsin Threatened species list. The Blanding's turtle is proposed for delisting from the Threatened list per administrative rule ER-27-11, which is expected to take effect as early as December 2013. As a result of that delisting, the Blanding's turtle is subject to turtle harvest regulations as all turtles not listed as threatened or endangered in ch.
NR 27 or otherwise specified have a 135-day open season (July 15–November 30) where the public may capture and possess up to 5 individuals [ss.
NR 19.275 (4),
21.13 (4), and
22.13 (4)].
Through the Endangered and Threatened species list revision process for administrative rule ER-27-11, the Blanding's turtle was recommended by the public for addition to the Protected Wild Animal list and associated rules to address the threat of collection to species recovery once delisting from the Threatened list takes effect. The Department received considerable public comment on the issue of collection and harvest and the intrinsic vulnerability of the Blanding's turtle given its population age structure.
The Blanding's turtle is a long-lived species that is slow to mature. Life spans may exceed 75 years and individuals may not reach sexual maturity for 14-25 years. Adult females are most at risk for collection because they are easier to locate, as they nest in open areas like fields and roadways, and may receive a higher price in the pet trade. Inherently, losses of adult females have a greater long-term impact on the population. It may be difficult for populations to recover from these losses.
Internationally, there is concern for this species. In 2013, the United States Fish and Wildlife Service proposed addition of the Blanding's turtle to The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) list because of the increasing trend in the pet trade internationally:
http://www.fws.gov/international/cites/cop16/blandings-turtle.html. The IUCN/SSC Tortoise and Freshwater Turtle Specialist Group identified the elimination of commercial collecting as an immediate conservation need for this species worldwide:
http://www.iucn-tftsg.org/emydoidea-blandingii-015/.
Since 1979, when the Blanding's turtle was added to the threatened list, there has not been a pet trade industry for this species in the state. Regionally, the Blanding's turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding's turtles cannot be taken or possessed except as authorized by the Director of the Department of Natural Resources.
Given the population-age structure of the species, the impact of collection may be severe enough to place the Blanding's turtle's long term survival in the state in jeopardy, causing the species to be considered for addition back to the state's endangered and threatened species list. The proposed rule changes will continue similar possession and collection limits that the Blanding's turtle receives on the State's Threatened list. As such, minimal controversy is anticipated.
The emergency and permanent rules both contemplate the following changes: add Blanding's turtle to the list of Wild Protected Animals (s.
NR 10.02); add Blanding's turtles to the Captive Wildlife — Reptile/Amphibian Possession Exemptions [s.
NR 16.12 (3) (b)]; and add Blanding's turtles to the turtle season/limits with a season/limit of none/zero on ss.
NR 19.275 (4),
21.13 (4), and
22.13 (4). Permanent rule-making procedures will not allow the establishment of these proposed rule changes before the start of the 2014 open season for turtles. The impact of collection and harvest to Blanding's turtle conservation necessitates putting the emergency rule into effect during the 2014 open season for turtles while the agency complies with the permanent rule making procedures.
The permanent rule only will also contemplate performing housekeeping on scientific and common names of several plant and animal species, Federal Protection Status on administrative rules ss.
NR 10.02,
16.12,
19.275,
21.13,
22.13, and ch.
NR 27, and other related rules listing native plant and animal species. Additional rule changes may be pursued which are reasonably related to those discussed here.
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 emergency and permanent rules both contemplate the following changes: add Blanding's turtle to the list of Wild Protected Animals [s.
NR 10.02]; add Blanding's turtles to the Captive Wildlife — Reptile and Amphibian Possession Exemptions [s.
NR 16.12 (3) (b)]; and add Blanding's turtles to the turtle season/limits with a season/limit of none/zero on ss.
NR 19.275 (4),
21.13 (4), and
22.13 (4).
The permanent rule only, will also contemplate performing housekeeping on scientific and common names, and Federal Protection Status on administrative rules 10.02, 16.12, 19.275, 21.13, 22.13, 27, and other related rules listing native plant and animal species.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Statutes that authorize the promulgation of these rules include: ss.
29.011,
29.014, and
29.039, Stats. These statutes establish management authority, provide that the title to wild animals is vested with the state, and provide the department with authority to maintain open and closed seasons and other regulations and programs to conserve game and nongame species. All rules promulgated under this authority are subject to review under ch.
227, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
160 hours.
6.List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule changes will continue similar possession and collection limits that the Blanding's turtle receives under the protections afforded to the species on Wisconsin's Threatened species list. The Blanding's turtle was added to the Threatened species list in 1979. As such, there has not been a market for its collection and possession since then.
No changes to the permitting process for researchers and rehabilitators are expected as part of this proposed rule change. As part of the administrative rule ER-27-11, researchers will need to apply for a Scientific Collectors Permit or Research License Authorization to collect or possess a Blanding's turtle instead of an Endangered and Threatened Species Permit.
The effect of this proposed rule will be minimal with few entities affected as collection and possession limits will not change. Interested parties may include individuals using turtles as bait or food, and the turtle pet/food trade.
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
There are no federal regulations that would be in conflict with this proposed action. In 2013, the United States Fish and Wildlife Service proposed addition of the Blanding's turtle to The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) list:
http://www.fws.gov/international/cites/cop16/blandings-turtle.html.
There are similar laws in other states. The Blanding's turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding's turtles shall not be taken or possessed except as authorized by the Director of the Department of Natural Resources.
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 estimates minimal economic impact as there has not been a market for this species in Wisconsin since 1979, when it was added to the Threatened species list. However, in the absence of this proposed emergency and permanent rule, development of a trade for Blanding's turtles collected in Wisconsin is expected.
9. Anticipated Number, Month, and Locations of Public Hearings
The Department anticipates holding 1 public hearing in the month of March, 2014. The hearing location will be the DNR office in Madison with remote participation at the DNR offices in Green Bay, Eau Claire, and Wausau. The Department will hold these hearings in these locations to allow for greater participation across the state and to effectively use staff time and resources.
10. Contact Person
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
(DNR # AM-32-13)
This statement of scope was approved by the Governor on September 24, 2013.
Rule No.
Relating to
Reporting, monitoring, and record-keeping requirements for stationary source owners or operators and additional changes of a clarifying or clean-up nature.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Department proposes to initiate an evaluation of reporting, monitoring, and record-keeping requirements that apply to owners and operators of stationary sources, as that term is defined in s.
285.01 (41), Stats., with the objective of identifying opportunities, and then promulgating rules, to simplify, reduce, and increase the efficiency of those requirements, while remaining consistent with all applicable requirements under the Clean Air Act. The Department, in part, is required to initiate this rulemaking effort under s.
285.17 (4), Stats.
The Department is also proposing rulemaking of a clarifying or clean-up nature in the identified chapters. The Department may propose changes where existing rule language has been found to be unclear or susceptible to unintended interpretation. Changes of a clean-up nature are periodically necessary, for example, to correct errors in internal administrative code or statutory references, or to update references as a result of changes to federal regulations or reference test methods.
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
