500 hours.

12 USC 2607 may affect the definition of loan solicitor.

Development of the General Air Permit and Registration Air Permit Programs. This will affect chapters NR 406, 407 and 410, Wis. Adm. Code. The Rule package may also include waivers from construction permit requirements and identification of additional exemptions from construction permit requirements, should criteria for such changes be identified prior to a request for hearings on the proposed Rule package. The Rule package may also include the ability to identify construction permit conditions as "state-only" requirements when appropriate.

The Department has been given statutory authority for the development of a general permit program and a registration permit program. These programs will allow the air program to issue general air pollution control construction and operation permits to those specific industries/processes that are similar, or registration permits to sources which have low actual or potential emissions, in a more timely and efficient manner. Fees associated with this program will also be included under ch. NR 410, Wis. Adm. Code. The existing policy of construction and operation permitting is not changed by this rule proposal. This rule action will only modify the construction and operation permit requirements imposed on presently regulated sources.

Additionally, the Department will be holding public meetings in July 2004 concerning its overall strategy for regulating stationary air pollution sources. As a result of these meetings, the Department may include additional material in the proposed rule package then is presently anticipated to be included in that rule package.

Sections 227.11 (2) (a), 285.11 (1) and 285.60 (2g) and (3), Stats.

510 hours.

The federal operation permit program contained in 40 CFR part 70 allows states to issue general operation permits, and Air Management has already issued some general operation permits. There are no federal regulations concerning general construction permits or registration permits. Some Federal regulations, such as those that require case-by-case analyses, would likely preclude their use for certain air polluting activities.

These rules could potentially impact a large number of presently regulated facilities in the State. Entities which they are most likely to impact include asphalt plants, rock crushers, small printers, small electrical generators and other relatively small air pollution sources.

The purpose of this rule package is to update chs. NR 406 and NR 407, Wis. Adm. Code, to provide for greater flexibility to major emission sources which use some of the new elements of the proposed changes to chs. NR 405 and NR 408, Wis. Adm. Code. The changes to chs. NR 405 and 408 have been proposed to implement portions promulgated federal air permitting requirements, known as new source review (NSR). Additionally, changes to ch. NR 410 are being proposed to update permit fees for the proposed changes to chs. NR 405-408, Wis. Adm. Code. These changes will potentially impact numerous major emission sources including paper mills, printers, foundries and utilities.

The Department has 3 years (until January 2, 2006) to take final action to determine which features of the new federal NSR regulations should be implemented into Wisconsin rules. Since Wisconsin is proposing to incorporate an amended version of the federal NSR permitting requirements into the administrative rules, it is appropriate now to propose changes to the construction permit fee structure and minor source permitting program to coordinate it with the changes to the major source rules.

This proposal will make changes to the existing minor new source review program, operation permit program and permit fees to provide additional flexibility to affected facilities and to institute fees for Department review work which will become necessary under the proposed changes to chs. NR 405-408, Wis. Adm. Code.

The new NSR regulations are very controversial. Thirteen states, including Wisconsin, have filed lawsuits challenging EPA's decision to revise the NSR program. The petitions are based on the states' claims that the revised regulations will result in emission increases that will have a variety of negative impacts, such as making the achievement of air quality standards for ozone more difficult. Nine states have filed motions to intervene in the lawsuit in support of EPA's regulatory changes. These lawsuits are still pending in Federal court.

Sections 227.11 (2) (a), 285.11 (1), (6) and (17), 285.60 (6) and 285.69 (1), Stats.

1100 hours

Minor source construction permit programs are required under Title I of the Clean Air Act. However, there are no specific Federal regulations which state how these rules are to be written or the specific content of these rules. Thus, the Department has significant flexibility to develop and implement a minor source construction permit program.

The operation permit program for major sources is governed by specific Federal regulations as to the content of permits, how programs are to be funded, what sources must be permitted and numerous other specific requirements. The changes which will be proposed under this Rule package will be consistent with these Federal regulations while still seeking to allow for additional flexibility for affected facilities.

This Rule will impact major sources of air pollution throughout the State. Examples of such sources are pulp and paper mills, foundries and utilities.

Objective of the rule. 2003 Wisconsin Act 239 authorized the use of captive coyote, bobcat and fox for dog training and trialing. These rules establish regulations under which the training and trialing of dogs on these species under the authority of a a hound dog training, trialing or dog club training license will be regulated. These rules include provisions that will allow these species to be used inside enclosures and in the wild. These rules are put in place to ensure humane care and treatment of these species while being used for dog training and competitive field trials.

The use of coyote, bobcat and fox for dog training were prohibited under ch. 169, Stats. (Captive Wildlife). It was the department's intent that these species not be included in the list of species that are allowed for use under the authority of a hound dog training, trialing or dog club training license. However, with the passage of Act 239, the department has initiated this rule making process to develop regulations involving the use of the captive wild animals.

Section 169.20 (4) and 169.21 (3), Stats.

Approximately 244 hours will be required to promulgate the proposed rule.

Hound dog trainers.

There are no Federal guidelines that regulate the use of captive coyote, fox or bobcat for dog training purposes.

Objective of the rule. These rule changes are being proposed to reflect changes made to Subchapter VI (Managed Forest law) Chapter 77 Wis. Stats., in 2003 Wisconsin Act 228, and to implement one additional change recommended in the Governor's Council on Forestry, in their report December 2002 Review of Wisconsin's Managed Forest Law.

MFL Application Changes: Includes new application deadlines, requires that title documents be recorded and that existing certified survey maps be included with the application, establishes a second filing deadline, and allows use of the application fee for recording fees and contracting for consultant prepared MFL plans.

Plan Writer Specifications: Includes requirement that all plans be prepared by the Department or a plan writer certified by the department, and directs the Department to establish criteria for plan writer certification.

Open/Closed Acreage: Increase allowable closed acreage to 160 acres per ownership per municipality for new entries and allows for owners to change the open/closed designation of lands entered up to two times during the order period.

Fee Changes: Includes a revised transfer fee and a new withdrawal fee.

Yield Tax: Exempts new entries form yield tax during first 5 years.

Section 77.82 (3) (c) (intro), 77.82 (7) (c) 3., 227.11 (2) (a), Stats.

160 hours from department central office and field Forest Tax Section (FTS) staff, and additional 30 hours from non-Department individuals assisting with the drafting the certified plan writer provisions.

There are no existing or proposed federal regulations relating to these rule changes.

Objective of the rule. Set forth by administrative rule how private schools participating in the MPCP will meet the requirements of 2003 Act 155 and how the department will implement and administer those requirements.

A revision to the current method for participating private schools to claim facility costs.

Under Act 155, the schools participating in the MPCP are required to do the following: (a) provide the department with evidence of sound fiscal practices; (b) submit evidence of financial viability; (c) submit proof that the administrator has participated in a fiscal management training program approved by the department.

Under Act 155, the State Superintendent is given statutory authority to do the following: (a) withhold aid if a participating school is not in compliance with program requirements; (b) under certain circumstances, issue an order prohibiting a private school from participating in the program in the current year; and (c) immediately terminate a school's participation in the program if conditions at the school present an imminent threat to the health and safety of pupils. Whenever the State Superintendent issues an order terminating a school's participation he or she must notify the parent or guardian of each pupil.

None. 2003 Act 155 provides that “[t]he department shall promulgate rules to implement and administer this section."

The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.

None.

Objective of the rules. This rule making will create ch. Trans 135 to establish guidelines for administering a school bus oxidation catalyst retrofit grant program. The program, created by 2003 Wis. Act 220, will be effective in Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties. This rule making will implement the statutory provision.

2003 Wis. Act 220 created s. 110.215, Stats., requiring the Department, in consultation with DNR, to develop and administer a program to provide grants for the purchase and installation of oxidation catalysts on school buses customarily kept in one of the above counties. The Act also amends §20.395(5)(hq), Stats., to provide funds for the grant program under WisDOT's vehicle inspection/maintenance (I/M) program appropriation. The school bus retrofit grant program has no analog among existing WisDOT activities.

In 2001, the EPA promulgated its “Heavy-Duty Engines and Vehicle Standards and Highway Diesel Sulfur Control Requirements" rule (40 CFR Parts 69, 80, and 86). This rule establishes requirements that mandate and enable emissions reductions for highway diesel motor vehicles, including school buses. The requirements become effective in 2006.

No federal regulations specifically address school bus emissions-related retrofits.

Sections 20.395 (5) (hq) and 110.215, Stats.

120 hours.