The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code.
Fiscal Estimate
State fiscal effect
Increase costs — may be possible to absorb within agency's budget.
This rule package has no impact on state revenues; however, the Department would incur costs associated with WPDES permits to implement the provisions of the rule package. An ongoing workload equivalent to about 2.0 FTE statewide is projected for at least five to ten years. Wastewater engineer positions will develop effluent limitations, including consideration of TMDL wasteload allocations, review of variance requests, development of compliance schedules, etc. The workload estimate is based on 100 permits per year at about 40 hours per permit with five years to complete an initial cycle of permit reissuances. Salary and fringe costs are estimated at $220,000 per year (4,000 hours x $35hour salary + 48.59% fringe+ travel and supplies).
Fund sources affected
GPR.
Affected Ch.
20
appropriations
Local government fiscal impact
Increase costs.
The proposed rule package will result in compliance costs for a number of municipal and other publicly owned wastewater treatment facilities. These costs may be in the form of capital expenditures, increased operation and maintenance costs, or both, and will vary considerably by municipality or sanitary district. For some facilities, no additional costs will be needed since they discharge to streams and rivers and already meet the phosphorus criteria. For up to an estimated 163 facilities, the addition of filtrations processes may be needed and a substantial cost could be incurred. The Department estimates that municipalities and sanitary districts will incur costs of between $300 million and $1.13 billion to comply with the provisions in the rule package. Costs per unit of phosphorus removed are much lower for larger facilities than for smaller facilities. Furthermore, it should be noted that the estimated cost range does not take into account the possibility that some municipalities and sanitary districts may need to acquire land for locating additional wastewater treatment facilities, and thus incur the corresponding land acquisition costs.
There are a number of factors that could push the costs toward the low end of the range, or even lower. These mitigating factors include nonpoint source control that lessen the need for point source control of phosphorus either in general or through implementation of TMDLs. Other factors include economic variances that limit the degree of control to affordable levels, emerging technology that may lower costs, and pollutant trading. The low end of the range may also be overstated to the extent that facilities have already upgraded their treatment plants and/or treatment processes and have thus already incurred some of the costs.
Types of local governmental units affected
Towns, Villages, Cities, Sanitary districts.
Private sector fiscal impact
The proposed rule package will result in compliance costs for a number of industrial wastewater facilities. These costs may be in the form of capital expenditures, increased operation and maintenance costs, or both. The paper industry and the food processing industry would be most affected. The Department estimates that up to 35 facilities could have stringent effluent limitations. Those discharging wastes to municipal wastewater treatment plants may also face increased service fees. Similar to local governmental entities, there is a great degree of variability in the costs that would be incurred. The Department estimates the cost range to be between $80 million and $440 million. The same mitigating factors described above for local governmental entities will push costs toward the lower end of the range for private sector facilities.
Long-range fiscal implications
The fiscal impact on local governments and industries will likely be spread over a 10 to 20 year period with less costly interim limitations being imposed in the initial five to ten years and the more stringent limits being phased in primarily in the 10 to 20 year period.
Agency Contact Person
Jim Baumann
Department of Natural Resources
P. O. Box 7921
Madison, WI 53707-7921
Phone: (608) 266-9277
Notice of Hearing
Natural Resources
Environmental Protection — Water Regulation, Chs. NR 300—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16
and
227.17
, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on emergency rules and proposed permanent rules revising Chapters
NR 335
and
336
, relating to implementation of the Municipal Dam Grant Program and the Dam Removal Grant Program.
The proposed revisions relate to providing grants for dam safety projects for municipally owned dams, grants for any dam owner to removal a dam they no longer want to maintain and any person to removal an abandoned dam as provided under s.
31.385
, Stats.
Hearing Information
Date and Time
Location
April 15, 2010
WI DNR Building (GEF 2)
Thursday
Room 413
at 1:30 PM
101 S. Webster Street
Madison, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Eileen Trainor in writing at the Department of Natural Resources, Bureau of Community Financial Assistance (CF/2), 101 S Webster, Madison, WI 53707; by E-mail to
eileen.trainor@wisconsin.gov
; or by calling (608) 267-0848. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the Emergency Rule, Proposed Permanent Rule and Fiscal Estimate
The emergency rule, proposed permanent rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the
Municipal Dam Grant Website at
http://dnr.wi.gov/org/caer/cfa/Grants/dammaint
. html
. If you do not have Internet access, a printed copy of the emergency rule, proposed permanent rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Eileen Trainor, Department of Natural Resources, Bureau of Community Financial Assistance (CF/2), 101 S. Webster St, Madison, WI, 53703, or by calling 608.267.0848.
Submission of Written Comments
Comments on the proposed rule must be received on or before Friday, April 16, 2010. Written comments may be submitted by U.S. mail, fax, or E-mail and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Meg Galloway
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone:
(608) 266-7014
Fax:
608.267.2800
Analysis Prepared by Department of Natural Resources
Statute interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a)
, Stats., gives state agencies general rule-making authority. Section
31.385 (1m)
, Stats., directs the department to promulgate rules to administer a financial assistance program for dam safety projects and s.
31.385 (4)
, Stats., directs the department to promulgate rules to establish a dam grant inventory and notice and hearing procedure to place dams on the inventory. The rules must provide grants to municipalities and Lake Districts for maintenance, repair, reconstruction, and removal of dams, to private dam owners for the removal of their dams and any person for the removal of abandoned dams.
Related statute or rule
These rules assist the department in achieving the statutory goals of Chapter
31
, Stats., which vests the Department with the responsibility to regulate dams and promote safety and protect life and property from unsafe dams. The grant programs provide funding to dam owners to address safety deficiencies at dams. There are no other similar rules that address these issues.
Plain language analysis
The objectives of the revisions to ch.
NR 335
and ch.
NR 336
are to implement changes to enabling legislation. The rule changes can be divided into two broad categories:
•
Incorporate statutory changes into the existing grant codes:
⍽
increases the maximum level of state contribution allowed under the grant programs from $200,000 to $400,000
⍽
varies the state contribution percentage for dam repair and reconstruction projects, depending on the size of the projects
⍽
increases the percentage of state contribution to 100% up to the maximum grant award for dam removal projects
⍽
eliminates statutory definition of "small dam" for dam removal grants
⍽
provides for an inventory of dam safety projects with a notification for dam owners
⍽
changes the definition of large dam to match change in s.
31.19
, Stats.
⍽
allows for cost effective, non construction activities that increase the safety of a dam
•
Facilitate investing the $4 million allocation of bonding for the program
⍽
grants greater flexibility for implementation of a grant application cycle
⍽
adjusts code timelines and better defines application requirements to address past implementation difficulties and assure more applications can be deemed complete
⍽
sets additional criteria for ranking applications and allows for adjustment to the ranking procedures outside of Administrative Code process
⍽
allows for the addition of a variance clause which would facilitate the implementation and administration of NR 335
⍽
makes it easier applicants to the Municipal Dam Grant program to pair the grant with other, outside funding sources
⍽
corrects incorrect definitions and statute citations
⍽
clarifies that state agencies may use the grants to remove abandoned dams
⍽
clarifies that an owner can only submit one application at a time per dam for funding under NR 335 and cannot get a grant for the same dam under NR 335 and NR 336 in the same year
Comparison with federal regulations
The U.S. Department of Agriculture, Natural Resource Conservation Service (NRCS) has a cost sharing program for the rehabilitation of dams built under Public Law 566. Funding for this federal program is limited but if a dam owner is successful in obtaining funding from both programs the state grant would help the county pay their 35% local cost share requirement under the federal program. There are also a number of federal programs which fund dam removal and stream restoration, including programs from U.S. Fish and Wildlife Service, NRCS and the National Oceanic and Atmospheric Administration. These programs have been used in conjunction with grants awarded under NR 336 in the past. The programs are complimentary and pairing of the finding sources allows grant funds to go toward more projects.
Comparison with rules in adjacent states
No similar programs in Illinois, Iowa, Michigan and Minnesota.
Summary of factual data and analytical methodologies
None.
Analysis and supporting documents used to determine the effect on small business
No formal analysis was completed as the existing rule does not significantly impact small business, therefore the propose revisions to the rules will have not impact to small business.
Preparation of an economic impact report was not requested.
Small Business Impact
The proposed rule revisions are not expected to have a significant economic impact on small business because no new regulations are imposed on them. If a small business did own a dam the rules provide an opportunity for financial assistance for removing the dam if the business chose to do so.
Environmental Analysis
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate
Summary
The proposed changes incorporate recent changes with no fiscal impact to state and local governments, and no anticipated significant fiscal impact to the private sector.
State fiscal effect
No state fiscal effect.
The 2009-2011 Budget Bill,
2009 Wisconsin Act 28
, did not provide additional staff or funding for administering the dam grant programs, therefore, the costs associated with handling the additional demand for dam grants will be absorbed with existing staff and within the existing budget. It is assumed that the $4 million in bonding will be allocated as soon as possible. Assuming an 8% annual amortization rate, the allocation of the bonding will result in an annualized costs of $320,000 in bonding repayments. However, these costs will occur regardless of the action on this rule package, so these costs are included in this fiscal note for information purposes only.
Local fiscal effect
Decrease costs; permissive.
The rule package makes it easier for municipalities, lake districts, and persons who own the dam to leverage grant funds and thus provides a greater financial incentive to apply for grants.
Types of local governmental units affected
Towns, Villages, Cities, Counties, Lake Districts, Tribes.
Agency Contact Person
Meg Galloway
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone:
(608) 266-7014
Fax:
608.267.2800
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control, Chs. NR 400—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16
and
227.17
, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed amendments to sections
NR 433.05
and
433.06
, relating to implementation of best available retrofit technology for the protection of visibility in mandatory class
I
federal areas. The proposed amendments relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6)
, Stats., will be revised.
Hearing Information
Date and Time
Location
April 26, 2010
WI DNR Building (GEF 2)
Monday
Room G09
at 1:30 PM
101 S. Webster Street
Madison, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53703; by E-mail to
Robert.Eckdale@wisconsin.gov
; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the Proposed Rule and Fiscal Estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the
Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi
. us/air/rules/calendar.htm
. A printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-2856.
Submission of Written Comments
Comments on the proposed rule must be received on or before Friday,
May 7, 2010
. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Tom Karman
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone:
608 264-8856
Fax:
608.267.0560
E-mail:
t
homas.karman@wisconsin.gov
Analysis Prepared by the Department of Natural Resources
Statute interpreted
Section
285.11 (6)
, Stats. The State Implementation Plan developed under s.
285.11 (6)
, Stats., is revised.
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a)
, Stats., gives state agencies general rulemaking authority. Section
285.11 (1)
, Stats., authorizes the Department to develop rules consistent with ch.
285
, Stats. Section
285.11 (6)
, Stats., authorizes the Department to develop and revise the State Implementation Plan for prevention, abatement and control of air pollution.
Related statute or rule
None.
Plain language analysis
The proposed rule modifications pertain to ch.
NR 433
which regulates Best Available Retrofit Technology (BART) for the protection of visibility in mandatory class I federal areas. These BART requirements pertain to controlling emissions of particulate (PM), nitrogen oxides (NOx) and sulfur dioxide (SO
2
) from certain stationary sources which cause or contribute to impairment of visibility.
The rules for Best Available Retrofit Technology currently require the owner or operator of a source, which has been determined to be subject to BART controls, to have those controls in place and operating "as expeditiously as practicable" but no later than December 31, 2013. The Department is proposing to extend the final allowed compliance date to December 31, 2015. The extended compliance date provides additional time for sources which are undergoing significant installations of control equipment, particularly in the case of a source implementing controls for multiple pollutants or emissions units. Extending the final compliance date to December 31, 2015 does not relax the requirement for controls to be in place as expeditiously as practicable.
The Department also proposes to clarify and to provide additional flexibility to the averaging provisions in the rule. The additional flexibility allows an owner or operator of a BART affected source to submit a proposed emissions averaging plan at any time, not just during the initial BART determination process.
Comparison with federal regulations
The Board initially established ch.
NR 433
in January 2008 to satisfy BART requirements set forth by the US Environmental Protection Agency (EPA) under the regional haze regulation published July 6, 2005 Federal Register (70 FR 39104). In that regulation the US EPA required all states to develop programs to assure reasonable progress toward meeting the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I Federal Areas resulting from manmade air pollution. The application of Best Available Retrofit Technology (BART) on certain stationary sources is one of the core requirements for the implementation plan for regional haze.
Comparison with similar rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota have adopted the same approach in meeting BART requirements for industrial sources as Wisconsin. These states have identified BART eligible sources and are moving forward with the determination of applicable control requirements according to US EPA criteria.
Summary of factual data and analytical methodologies
The proposed rule modifications are the result of issues identified during the initial implementation of the BART rule requirements in Wisconsin. The Department found that facilities needed extra time to comply with BART requirements, particularly facilities that need multiple control equipment installations and those facilities facing multiple state and federal requirements for the same sources. Additionally, the Department found, during application of the trading requirements, certain provisions to be confusing or needing clarification.
Analysis and supporting documents used to determine the effect on small business
No small business is subject to BART controls under the existing BART rules. Therefore the proposed rule modifications have no direct effect on small business.
Small Business Impact
There is no direct effect on small business.
Environmental Analysis
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate
The proposed rules have no fiscal effect on state and local government, and no significant fiscal effect on the private sector. The proposed revisions to ch.
NR 433
do not alter which sources are subject to BART, the required level of emission control, or final compliance requirements under the Wisconsin BART rules. Based on this premise, there is no change anticipated for the fiscal cost of implementing the BART rule.
Agency Contact Person
Tom Karman
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone:
608 264-8856
Fax:
608.267.0560
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.14 (1) (a)
,
85.16
and
227.11
, Stats., the Department of Transportation will hold a public hearing to consider the repeal of sections
Trans 196.04 (1) (d)
and
250.04
, and the creation of Chapter
Trans 198
, Wis. Adm. Code, relating to motor vehicle convenience fees.
Hearing Information
The hearing will be held:
April 21, 2010
at 11:00 a.m.
|
Hill Farms State Transportation Bldg.
Room 144-B
4802 Sheboygan Avenue,
Madison, WI
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Carson Frazier at (608) 266-7857 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot. state.wi.us
. Copies will also be available at the hearing.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Wisconsin Department of Transportation is authorized to accept payment by credit card, debit card, or any other electronic payment mechanism for a fee for certain motor vehicle products or services and to establish a convenience fee charged for any transaction so paid, pursuant to s.
85.14 (1) (a)
, Stats.
Related statute or rule
Plain language analysis
Section
85.14
, Stats., as amended in
2009 Wis. Act 28
, allows the Department to accept payments by credit card, debit card, or any other electronic payment mechanism for fees required to be paid to the Department under chs.
194
,
218
,
341
,
342
,
343
, or
348
, which are motor vehicle statutes.
Section
85.14
, Stats., permits the Department to charge a convenience fee in an amount to be established by rule. The convenience fee shall approximate the cost to the Department for providing this service to persons who request it.
The proposed rule establishes the convenience fee. The proposed rule provides that the Department will determine the fee annually or as the Department determines necessary due to changes in fees that the Department may be required to pay the Enterprise Bank. The Department will determine the convenience fee in consultation with the State Controller's Office (which is responsible for managing the State's contract for Enterprise Banking Services). The Department will publish the fee on its internet web site and in relevant communication material with customers eligible to use these payment methods.
The convenience fee is established either as a percentage of the total transaction amount or as a flat fee specified for ranges of transaction amount. The convenience fee will cover the fee that the Department pays the Enterprise Bank or other vendor for processing, merchant fee, and any associated cost to provide the service. The proposed rule provides that the Department may refuse to accept credit cards, debit cards, or other electronic payment mechanisms issued by or offered by certain companies. The proposed rule allows the Department to establish a minimum transaction amount that may be paid by credit or debit card or other electronic payment mechanism.
The proposed rule consolidates treatment of all Division of Motor Vehicles transactions for which credit card, debit card, and other electronic payment methods apply, and the associated convenience fee. Therefore, the proposed rule repeals the provisions that are currently established as ss.
Trans 196.04 (1) (d)
and
250.04
, and consolidates those convenience fees into the convenience fee structure applicable to all Division of Motor Vehicle products and services.
Comparison with federal regulations
No federal rules apply.
Comparison with rules in adjacent states
Michigan:
Michigan accepts Discover and MasterCard at some DMV offices for in-person transactions, and for some on-line transactions. The customer pays a 2% convenience fee.
Minnesota:
Minnesota does not accept credit or debit cards.
Illinois:
Illinois accepts Discover, MasterCard, and American Express for in-person transactions. For on-line transactions, Illinois accepts VISA also. The customer pays a convenience or "process" fee.
Iowa:
Iowa is currently implementing credit cards at the stations. The customer will pay a convenience fee that may be a flat fee based on average transaction amount, assumed distribution of card types, and assumed number of transactions.
Summary of factual data and analytical methodologies
The Department proposes to establish convenience fees that are as uniform as possible among different types of transactions. The convenience fee amount must approximate the cost to the Department of providing electronic payment option.
The Department's on-line payment process is provided through the Enterprise Banking Services Contract. Agencies are parties to the contract. The Department pays the Enterprise Bank a fee for processing each payment. The fee consists of both payment to the Enterprise Bank and payment to the card-issuing bank. The Department's costs for in-person transactions may vary from on-line transactions, because the Department will require additional equipment, installation and maintenance, to accept in-person card payment. Therefore, the proposed rule allows the Department to establish a different convenience fee amount for in-person transactions and on-line transactions.
Analysis and supporting documentation used to determine effect on small businesses
The Department offers electronic transactions to most businesses using standard Automated Clearinghouse payment procedures. These procedures are currently in place and most businesses already participate. Moreover, businesses as well as individuals may continue to pay Department fees by check or cash; payment by methods that require a convenience fee is voluntary.
Small Business Impact
The Department concludes that there is no effect on small business as a result of this rule.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person
Ms. Carson Frazier
DOT — Bureau of Vehicle Services
Room 253, P. O. Box 7911
Madison, WI 53707-7911
Phone: (608) 266-7857
