This statement of scope was approved by the governor on July 30, 2012.

Chapter DCF 201.

Circumstances for a waiver to allow child care subsidy payments for a parent who is a provider.

Emergency.

Section 49.155 (3m) (d), Stats., as affected by 2011 Wisconsin Act 32, prohibits a parent who is a child care provider from receiving a child care subsidy for care of the provider's children by another child care provider. The prohibition on assistance does not apply if the child's parent has applied for, and been granted, a waiver. Implementation of an emergency rule specifying the circumstances under which the department or an agency will grant a waiver is necessary to protect certain vulnerable children.

The rule will specify the circumstances, or standards for determining the circumstances, under which a child care administrative agency will grant a waiver under s. 49.155 (3m) (d), Stats.

A parent who is a child care provider may apply to the child care administrative agency for a waiver requesting assistance for child care services provided for the provider's child by another child care provider. The department or agency may grant a waiver if any of the following apply:

Section 49.155 (3m) (d), Stats., as affected by 2011 Wisconsin Act 32, provides that no child care subsidy funds may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child. In addition, no child care subsidy funds may be used for child care services that are provided by another child care provider if the child's parent is a child care provider.

This prohibition does not apply if the child's parent has applied for, and been granted, a waiver of by the county department, agency, or by the department. Section 49.155 (3m) (d) 4., Stats., directs the department to promulgate rules that specify the circumstances, or standards for determining the circumstances, under which a local agency or the department will grant a waiver.

80 hours.

Child care providers, low-income parents who are child care providers.

None.

Minimal or no economic impact.

This statement of scope was approved by the governor on July 30, 2012.

Sections ETF 10.01 (3i), 10.63, 20.015 (1), (2), (20) and 40.10.

Technical changes to ETF rules.

Permanent.

The objective of this technical rule is to make to technical updates to existing ETF rules, create consistency with statutes recently amended by the legislature, and make other minor substantive changes. This rule:

Wis. Stat. s. 40.03 (2) (i) The secretary…Shall promulgate, with the approval of the board, all rules, except rules promulgated under par. (ig) or (ir), that are required for the efficient administration of the fund or of any of the benefit plans established by this chapter. In addition to being approved by the board, rules promulgated under this paragraph relating to teachers must be approved by the teachers retirement board and rules promulgated under this paragraph relating to participants other than teachers must be approved by the Wisconsin retirement board, except rules promulgated under s. 40.30.

Wis. Stat. s. 40.03 (2) (ig) The secretary…Shall promulgate, with the approval of the group insurance board, all rules required for the administration of the group health, long-term care, income continuation or life insurance plans established under subchs. IV to VI.

Wis. Stat. s. 227.11 (2) Rule-making authority is expressly conferred as follows:

(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:

1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.

2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.

3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.

(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.

(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.

(d) An agency may promulgate rules implementing or interpreting a statute that it will enforce or administer after publication of the statute but prior to the statute's effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the statute that it implements or interprets.

(e) An agency may not inform a member of the public in writing that a rule is or will be in effect unless the rule has been filed under s. 227.20 or unless the member of the public requests that information.

State employees will spend an estimated 40 hours to develop these rules.

The new rules will affect state and local public employers, members, subscribers, their beneficiaries and dependents who interact with ETF regarding the benefit programs administered by ETF.

No existing or proposed federal regulation addresses the contemplated rule changes.

ETF anticipates that the proposed rule will have minimal or no economic impact locally or statewide and will not impact small businesses.

ETF General Counsel, David Nispel. Phone: (608) 264-6936.

This statement of scope was approved by the governor on July 6, 2012.

Chapter DFI-CU 67.

Credit union exams.

Remove obsolete rule.

Repeal DFI-CU-67: Certified Public Accountant Audits of Credit Unions in Lieu of Examinations by the State of Wisconsin.

The statutory citation that allowed for a certified public account audit to be used in lieu of an examination by the State of Wisconsin was removed. As a result this is an obsolete rule that needs to be removed.

Existing Rule: DFI-CU-67 - The director may accept an audit report of a certified public accountant who is not an employee of the credit union in lieu of all or a portion of the routine examination which is made by or caused to be made by the director as required.

Proposed Rule: Remove DFI-CU-67, it is in conflict with the statutes. The previous s. 186.235 (16) (b) was removed and this rule is now obsolete.

The statutory authority for the rule is as follows:

Section 186.235 (8), Stats., which states that “[t]he office of credit unions shall, with the approval of the credit union review board, promulgate rules relating to the business of credit unions."

10 hrs.

Wisconsin credit unions.

Section 186.15, Wis. Statutes, requires credit unions to have annual audits to attest to the accuracy of their financial statements. The office of credit unions' exams are required by 186.235 to evaluate the safety and soundness of the credit unions. Financial statement audits and regulatory exams are for two different purposes. Wisconsin state chartered credit unions are required to have federal insurance which is provided by the National Credit Union Administration (NCUA). NCUA performs insurance reviews of state chartered credit unions and they would not accept a CPA audit in lieu of a NCUA insurance review or a office of credit unions exam.

None.

Eric Knight, EA, Department of Financial Institutions, Eric.Knight@dfi.wisconsin.gov.

This statement of scope was approved by the governor on July 25, 2012.

Section NR 45.045, FR-20-12.

Regulation of firewood entering state lands.

This is not an emergency rule.

In order to provide better protection from introduction of wood borne invasive pests and diseases, the proposed change to NR 45.045 (2) (a) would reduce the distance from the state campground or property from which allowable firewood may originate from 25 to 10 miles. The proposed elimination of NR 45.045 (2) (b) would remove a regulation that would no longer provide significant additional protection if the change to (a) is approved.

DNR currently limits firewood entering state lands to that wood originating from within 25 miles and within the state or from dealers that are certified by the state as treating their wood to prevent transmission of pests or diseases. In response to concerns from the public, we propose to reduce the allowable distance to 10 miles. A model of the changing risk of introduction of an invasive pest with decreasing allowable distance shows a significant reduction in level of risk between 25 and 10 miles. With the establishment of emerald ash borer and beech bark disease at several sites in Wisconsin and the new threat of thousand cankers disease of walnut; this seems to be a prudent step to take. If the allowable distance is reduced to 10 miles, the prohibition of out-of-state wood will no longer provide the additional protection it once contributed. If a pest is established within 10 miles, it will be a short time before it can spread on its own onto the property. In this situation, the out-of-state prohibition doesn't provide additional protection. Regulation that doesn't provide a benefit should be dropped. We also expect a long term benefit of simplifying the message that safe wood is local or treated and avoiding the appearance of blaming other states for invasive pests.

Chap. 23.09 (2intro): Departmental rules; studies; surveys; services; powers; long-range planning. The department may promulgate such rules, inaugurate such studies, investigations and surveys, and establish such services as it deems necessary to carry out the provisions and purposes of this section. The department shall establish long-range plans, projects and priorities for conservation. The department may:

Chap. 23.09 (2m) (b): Forest land plans and management. The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest, southern state forest, state park, state trail, state natural area, state recreation area, or similar designation.

Chap. 23.09 (10): Conservation easements and rights in property. Confirming all the powers hereinabove granted to the department and in furtherance thereof, the department may acquire any and all easements in the furtherance of public rights, including the right of access and use of lands and waters for hunting and fishing and the enjoyment of scenic beauty, together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public. The department also may grant leases and easements to properties and other lands under its management and control under such covenants as will preserve and protect such properties and lands for the purposes for which they were acquired.

Chap. 23.091 (1): Designation. The department may acquire, develop, operate and maintain state recreation areas. State lands and waters may be designated as state recreation areas that are environmentally adaptable to multiple recreational uses, or are so located to provide regional or urban recreational opportunities or for preservation.

Chap. 23.11 (1): General powers. In addition to the powers and duties heretofore conferred and imposed upon said department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.

Chap. 23.11 (4): The department shall have police supervision over all state-owned lands and property under its supervision, management and control, and its duly appointed agents or representatives may arrest, with or without warrant, any person within such area, committing an offense against the laws of this state or in violation of any rule of the department in force in such area, and deliver such person to the proper court of the county wherein such offense has been committed and make and execute a complaint charging such person with the offense committed. The district attorney of the county wherein such offense has been committed shall appear and prosecute all actions arising under this subsection.

Chap. 26.30 (2): Powers. The department is vested with authority and jurisdiction in all matters relating to the prevention, detection and control of forest pests on the forest lands of the state, and to do all things necessary in the exercise of such authority and jurisdiction, except that this shall not be construed to grant any powers or authority to the department for the silvicultural control of forest pests on any land. This section shall apply only to the detection and control of forest pests on forest lands and does not affect the authority of the department of agriculture, trade and consumer protection under chs. 93 and 94. The action of the department under sub. (4) shall be coordinated with the department of agriculture, trade and consumer protection in accordance with s. 20.901. The secretaries of natural resources and agriculture, trade and consumer protection shall execute annually a memorandum of agreement to enable the coordination of pest control work of their departments.

Chap. 27.01 (2) (i): Establish and operate in state parks such services and conveniences and install such facilities as will render such parks more attractive for public use and make reasonable charges for the use thereof.

Chap. 27.01 (2) (j): Promulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, including the use of boats and other watercraft on lakes or rivers within the limits of a state park, and the use of roads, trails or bridle paths.

Chap. 28.04 (2) (a) The department shall manage the state forests to benefit the present and future generations of residents of this state, recognizing that the state forests contribute to local and statewide economies and to a healthy natural environment. The department shall assure the practice of sustainable forestry and use it to assure that state forests can provide a full range of benefits for present and future generations. The department shall also assure that the management of state forests is consistent with the ecological capability of the state forest land and with the long-term maintenance of sustainable forest communities and ecosystems. These benefits include soil protection, public hunting, protection of water quality, production of recurring forest products, outdoor recreation, native biological diversity, aquatic and terrestrial wildlife, and aesthetics. The range of benefits provided by the department in each state forest shall reflect its unique character and position in the regional landscape.

Chap. 28.04 (2) (c): In managing the state forests, the department shall recognize that management may consist of both active and passive techniques.

Chap. 227.11 (2) (a): Rule-making authority is expressly conferred as follows: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:

206 hours total, before and after public hearings.

We expect campers and firewood dealers would be impacted or interested in this rule.

The Apostle Islands National Park has prohibited all firewood into the park since 2006. The Chequamegon-Nicolet National Forest prohibits firewood from south of Route 29 or from outside Wisconsin. The Huron-Manistee National Forest in Michigan prohibits bringing ash firewood onto the forest. The Army Corps of Engineers regulates firewood they allow onto their lands in Wisconsin.

Small vendors just outside state campgrounds are already getting their wood from close by given the current 25 mile limit on allowable wood. For this reason, we do not anticipate an additional significant impact on these vendors with the decrease to 10 miles. It may have a beneficial effect on vendors who are certified as treating their wood by the Department of Agriculture, Trade and Consumer Protection as it could increase the convenience of their product since it can be brought into any state property, regardless of where it originated.

Andrea Diss-Torrance, Gypsy Moth and Invasive Forests Insects Program Coordinator, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 264-9247, Andrea.DissTorrance@wisconsin.gov.

This statement of scope was approved by the governor on July 25, 2012.

FH-18-12, Chapters NR 20, 21, 22, and 23.

Fishing regulations on inland, outlying, and boundary waters that will be proposed at the 2013 Spring Fish and Wildlife Hearings.

Permanent.

Not applicable.

With this rule, the department will make changes to fish size limits, bag limits, seasons, and other regulations related to fishing in inland, outlying, and boundary waters, as described in the table below. Fishing regulations are in place to help meet management goals and objectives for waters and their fish species, such as providing a trophy walleye fishery or a bass fishery that maximizes predation on smaller fishes. New regulations are proposed when management goals have changed or the department must address a critical need, such as a major fish population decline. They are based on input solicited from stakeholders when the proposals were developed as well as a plan for evaluating the regulation after it is in place. - See PDF for table

In addition to the regulation changes listed above, the rule would also amend s. NR 20.35 in order to allow fish biologists to adjust fish harvest bag and size limits under certain conditions. Procedures already exist in s. NR 20.35 to allow the department to apply alternative size limits, bag limits, or both for identified fish species to provide for better use and management of the fishery resources of the water. These alternative limits apply temporary regulations to fish species in a waterbody. After distributing a notice and conducting a public information meeting if requested, the department posts signs at the water's public access sites noting that an alternate limit applies. Currently, s. NR 20.35 allows the department to apply no size limit to walleye, largemouth bass, or smallmouth bass if it has been found that the fish population has very slow growth in the water or if there are high contamination levels of mercury or other toxins. Under this rule proposal, alternate size or bag limits may be applied to walleye, largemouth bass, smallmouth bass, northern pike, or panfish if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

a) A lake restoration project is in place to reduce detrimental fish species that includes bio-manipulation of a waterbody through increasing the abundance and biomass of predator game fish.

b) Fish have been removed or destroyed as a result of a rehabilitation program to reestablish a good supply of game fish.

c) An inland water has been documented to contain detrimental species, species nonindigenous to the waters of the state, or rough fish. In order to control the population of detrimental, nonindigenous, or rough fish species and protect the native fish populations, the department shall apply alternate limits.

d) The department is collaborating with an established university research project in a particular waterbody. The department shall apply alternate size or bag limits for particular species as determined in collaboration with university researchers that shall remain in full force and effect until the research project has ended and the size or bag limits return to those previously in place.

e) The department finds that an evaluation of a size or bag limit could not be completed before a sunset date listed in s. NR 20.20. The department may extend the limits and they shall remain the same for 7 years from the date specified in s. NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a size limit sunset date shall be made within two years prior to the sunset date listed in s. NR 20.20.

Each year the Wisconsin Conservation Congress proposes advisory questions to the general public at the Fish and Wildlife Spring Hearings. Those questions are not reviewed by the department until after they are supported by a majority vote at the hearings and approved by the Congress at its annual meeting. The Fisheries Management Bureau will expedite review of the approved fisheries-related advisory questions from the April 2012 hearings and include in this rule those proposed non-controversial regulations for which available data warrant immediate attention. The Bureau will consult further with Congress committees and its species teams on the other proposed regulations that require additional data and review.

The proposed rule would make modifications to portions of chs. NR 20, 21, 22, and 23 pertaining to sport fishing regulations on inland, outlying, and boundary waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.

All rule change proposals were submitted by fish biologists and peer-reviewed for justification and enforceability by Fisheries Management supervisors and the Bureau Director, species management teams, and the Bureaus of Law Enforcement and Legal Services. Proposals were discussed with Wisconsin Conservation Congress members and will be presented at the 2013 Fish and Wildlife Spring Hearings. Proposals that reduce regulation complexity or eliminate a special regulation in favor of a statewide one were given preference.

The existing policy behind fishing regulations is to provide diverse fishing opportunities throughout the state and that policy will be continued and enhanced by these rule changes. Based on the management goals for individual waters and species, the Fisheries Management Program strives to provide:

It is not expected that rule changes as a result of comments from the 2013 Fish and Wildlife Spring Hearings would affect the scope or economic impact of the rule proposal. For example, the department may make changes in response to hearing comments that would remove a proposal to implement an 18-inch minimum size limit and daily bag limit of 3 fish for walleye, sauger, and hybrids in one or more counties. Without implementing the proposed size and bag limits, existing regulations remain in place to ensure continued protection of fish resources. Similarly, if comments from public hearings result in additional elements to a proposal, it is not expected that it would affect the scope or economic impact of the rule proposal. For example, a proposal to require the use of quick-strike rigs when fishing with a 10-inch or longer minnow as bait was changed after a hearing in order to allow the use of circle hooks or quick-strike rigs when fishing with an 8-inch or longer minnow as bait. These changes still met the intent and objectives of the original rule proposal.

Section 29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.

Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.

Section 227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Approximately 300 hours.

The proposed rule will primarily affect sport anglers. As with any change in regulations, there will be a requirement for anglers to learn the new rules. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.

Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.

Minimal to no economic impact. (Level 3)

It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule will primarily affect sport anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the State's fish resources. One intention of the rule is to help maintain or improve the general economic impact of fishing throughout Wisconsin.

The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. The rule does not allow for the potential to establish a reduced fine for small businesses, nor does it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.

Kate Strom Hiorns, (608) 266-0828 kathryn.stromhiorns@wisconsin.gov.

This statement of scope was approved by the governor on July 25, 2012.

FH-19-12, Chapters NR 19, 20, 21, 22, 23, 25, and 26.

Fisheries Administrative Code Housekeeping: corrections, clarifications, and updates to outdated language regarding fishing in inland, outlying, and boundary waters.

Permanent.

Not applicable.

The proposed rule would make non-substantive housekeeping changes to sections of NR 19, 20, 21, 22, 23, 25, and 26, relating to the regulation of fishing. The goal is to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The rule is in response to recent legislative changes and to the interests of the public and both Law Enforcement and Fisheries Management staff. The objectives are to:

The goal of fish management, as stated in s. NR 1.01 (2), is “to provide opportunities for the optimum use and enjoyment of Wisconsin's aquatic resources, both sport and commercial. A healthy and diverse environment is essential to meet this goal and shall be promoted through management programs."

Fishing regulations in this rule, such as length and bag limits or season dates, are used as a tool to ensure good fishing exists into the future. The department has used different types of fishing regulations in order to: control angler impacts on fish populations; maintain numbers and sizes of fish in a lake or stream; provide different types of fishing experiences, such as fishing for dinner or for a trophy fish; and make access to fishing as fair as possible.

No new policy will be proposed in this housekeeping rule. It will include non-substantive changes to administrative code that support existing policies and goals, including:

Changes to ch. NR 19

Changes to ch. NR 20

Changes to chs. NR 21, 22, and 23

Changes to ch. NR 25

Changes to ch. NR 26

Section 29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.

Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.

Section 29.519 (1m) (b), Stats., provides that “after giving due consideration to the recommendations made by the commercial fishing boards under sub. (7), the department may establish species harvest limits and promulgate rules to establish formulas for the allocation of the species harvest limits among commercial fishing licensees or for the allotment of individual licensee catch quotas."

Section 29.733 (2) (f) provides that the department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits for natural waters used in fish farms.

Section 227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Approximately 120 hours.

The proposed rule will have minimal impact on members of the public. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, a majority of this rule change clarifies code to reflect existing policies for which anglers must already comply. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.

Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.

Minimal to no economic impact expected. (Level 3)

It is not expected that there will be any economic impact directly related to these rule changes on anglers. The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.

The rule does not allow for the potential to establish a reduced fine for small businesses, nor does it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.

Kate Strom Hiorns, 608-266-0828 kathryn.stromhiorns@wisconsin.gov.

This statement of scope was approved by the governor on July 25, 2012.

AM-21-12

Revisions to Chapters NR 405 and 408 to maintain consistency with federal permit guidelines, and to Chapters NR 400 and 410 consistent with the repeal of Chapter NR 411 for indirect source permits.

Permanent.

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 (NOx) 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.

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.

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.

Approximately 300 hours will be spent by WDNR staff.

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.

The rule changes proposed to chs. NR 405 and 408 are requested by USEPA to maintain consistency with federal major modification definitions.

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.

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.

This statement of scope was approved by the governor on July 25, 2012.

Wis. Admin. Code Chapter PSC 118, PSC Docket 1-AC-240.

Renewable Resource Credit rule changes to conform with 2011 Wisconsin Act 155.

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.

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.

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, . . . .").

The Commission estimates 150 hours of state employee time to develop the rule. No extraordinary resources are anticipated.

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.

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:

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.

This statement of scope was approved by the governor on June 29, 2012.

Chapter SPS 316.

Electrical.

Permanent.

N/A.

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.

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.

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.

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.

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.

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):

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.

Jim Quast, Program Manager 608 266 9292.