5.1 Under Section 1.1 (1) the Department is proposing changes related to the PSD permit program to ensure consistency with existing U.S. EPA regulations. Entities primarily affected by these proposed changes are as follows:
(1) The proposed changes described in Section 1.1 (1) (A) would have no effect since under current rules and implementation practices, the Department is consistent with U.S. EPA regulations and policy with regard to PM2.5
(2) The proposed change described in Section 1.1 (1) (B) would have no effect since under current rules and implementation practices, the Department already recognizes that nitrogen oxides are a precursor to ozone formation. The change is proposed to satisfy U.S. EPA state implementation plan requirements.
(3) The proposed changes to global warming potentials for certain greenhouse gases as described in Section 1.1 (1) (C) could affect the calculation of total facility greenhouse gas emissions, which would then be used for reporting and other regulatory purposes. Any effect on total facility calculated emissions from the proposed changes would depend on what greenhouse gases the source emitted or would emit, the amount of emissions of each greenhouse gas, how much the global warming potential changed, and whether the change was an increase or decrease.
(4) The proposed change described in Section 1.1 (1) (D) would have no effect since under current implementation practices for the prevention of significant deterioration permit program under ch.
NR 405, Wis. Adm. Code, the Department already recognizes the federal PM2.5 ambient air increments consistent with U.S. EPA requirements.
5.2 Under Section 1.1 (2) the Department is proposing to add certain compounds to the list of compounds excluded from the definition of volatile organic compounds. Entities primarily affected by this proposal are as follows:
(1) For the compound listed in Section 1.1 (2) (A), those entities involved in the manufacture or use of refrigerants, aerosol propellants, and blowing agents for insulating foams.
(2) For the compounds listed in Section 1.1 (2) (B) to (E), those entities involved in the manufacture or use of fire suppressants and specialized refrigerants.
(3) For the compound listed in Section 1.1 (2) (F), those entities involved in the manufacture or use of refrigerants, aerosol and non-aerosol solvents and blowing agents for insulating foams, and manufacturers of refrigeration equipment, hot water heaters and waste heat recovery equipment.
(4) For the compound listed in Section 1.1 (2) (G), those entities involved in the manufacture or servicing of automobiles or automotive air conditioning systems.
(5) For the compound listed in Section 1.1 (2) (H), those entities involved in the manufacture or use of pigments in water-based coatings, additives in metalworking fluids and in food contact paper, neutralizers in personal care products, and intermediates in chemical synthesis.
By taking this action those entities described above would no longer have to consider emissions of these compounds when determining applicability of emission control requirements relating to attaining the ozone national ambient air quality standards and the emissions would no longer be counted in determining whether a proposed new or modified source would exceed the volatile organic compound thresholds that trigger permit requirements. In addition, entities would no longer be required to report or pay fees based on the emissions of these compounds as volatile organic compounds.
5.3 Under Section 1.2, the Department is proposing to repeal s.
NR 420.045, Wis. Adm. Code. No entities would be affected by this action since the state legislature has terminated further implementation of stage 2 vapor recover equipment requirements under s.
NR 420.045, Wis. Adm. Code, under s.
285.31 (5), Wis. Stats., effective April 17, 2012.
6. 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
One of the main objectives of this proposed rulemaking is to address changes needed to maintain consistency with U.S. EPA regulations. Section 1 contains descriptions of the specific changes the Department is proposing.
The second objective is to repeal Department rules that apply to gasoline dispensing facilities to control fumes that evaporate into the air when vehicle gasoline tanks are filled. The U.S. EPA has authorized states to remove these requirements from state ozone implementation plans. The proposed Department action is therefore consistent with federal regulatory policy.
7. Anticipated Economic Impact of Implementing the Rule
The Department anticipates that the statewide economic impact of the proposed rules will be minimal.
8. Anticipated Number, Month, and Locations of Public Hearings
If approved to develop the proposed rules, the Department anticipates holding one public hearing in Madison during the fall of 2015.
9. Contact Person:
Robert Eckdale
Bureau of Air Management
Wisconsin Department of Natural Resources
PO Box 7921 AM/7
Madison, WI 53703
(608) 266-2856
Safety and Professional Services —
Optometry Examining Board
This statement of scope was approved by the governor on November 18, 2014.
Rule No.
Relating to
Continuing education
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to update the continuing education chapter to reflect the current practice of optometry, current continuing education programs, including technological methods of delivery.
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
Updating the continuing education requirements will create clarity, utilize current technological methods of delivery of the continuing education and ensure required topics reflect the current practice of optometry.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the profession.
449.06 (2m) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s.
440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s.
449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s.
449.18.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Optometrists
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
None
8. Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Safety and Professional Services —
Optometry Examining Board
This statement of scope was approved by the governor on November 18, 2014, 2014.
Rule No.
Relating to
Examination, unprofessional conduct, and renewal
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to update and reorganize the examination and unprofessional conduct chapters; remove obsolete provisions; reflect current practices and technologies; clarify the procedures for renewal and reinstatement of licenses; and to implement
2013 Act 114 and
2013 Act 345.
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
Both examination and unprofessional conduct chapters have not had a comprehensive review in at least 15 years. There are provisions which will be removed because they are obsolete or consolidated for clarity. The renewal chapter will be updated to clarify the board procedures for renewal and reinstatement.
The rule will implement changes as a result of Act 114 to allow an applicant to take an exam prior to finishing their education. Act 345 will also be implemented to create a standard for informed consent.
In addition, there will be a review to ensure the rules are consistent with today's practices and technologies.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the profession.
440.071 The department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues.
449.25 (2) The examining board shall promulgate rules implementing the reasonable optometrist standard of for the standard for informing a patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of those treatments.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Optometrists and applicants for optometrist licensure.
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
None
8. Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
