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Food processing facilities and cheese factories were identified as potential categories of small businesses that would most directly be affected by these rule revisions. Data on these types of facilities was analyzed and there are few, if any, small businesses that directly discharge wastewater containing phosphorus to lakes or streams. Many small cheese factories land apply their wastes and do not discharge wastewater containing phosphorus. Therefore, this rule revision does not anticipate any additional compliance or reporting requirements for small businesses.
If there is an impact on small businesses as a result of these rule revisions, it would likely be an indirect fiscal impact. Many small businesses discharge their wastes to a municipal wastewater treatment facility. If a municipal wastewater treatment plant's wastewater discharge permit is modified to require further removal of phosphorus, it is likely that the cost to provide additional treatment levels will be absorbed by increasing sewer use charges. Some small businesses may experience an increase in sewer service fees as these rule revisions are implemented statewide.
Some municipalities may also require specific small businesses to provide pretreatment for phosphorus removal if a wastewater discharge from a small business contributes significant loadings of phosphorus to the sanitary sewer system. Implementation of these rule revisions may result in additional costs for phosphorus pretreatment to a select subset of small businesses.
The department is unable to specifically estimate the indirect fiscal impact to small businesses as a result of implementation of this rule package because of the variability of each situation.
Summary of Comments by Legislative Review Committees
No comments reported.
Natural Resources
Environmental Protection —Air Pollution Control,
Chs. NR 400—
DNR # AM-06-09
Revises Chapter NR 433, relating to implementation of best available retrofit technology for the protection of visibility in mandatory Class I federal areas. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The existing rule requirements apply to large industrial sources or electric generation units which are not small businesses. Therefore based on the limited nature of the proposed rule changes there is no impact anticipated to small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive any comments or request for modifications from the committees.
Natural Resources
Environmental Protection —Air Pollution Control
Chs. NR 400—
DNR # AM-12-10
Revises Chapters NR 400, 405 and 406, relating to permit requirements for Class I areas, and affecting small business. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
These proposed rules apply only to larger sources of air pollution which are not, in general, small businesses. The Department believes it is unlikely any small business would be impacted by these proposed rules.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive any comments or request for modifications from the committees.
Natural Resources
Environmental Protection —Air Pollution Control
Chs. NR 400—
DNR # AM-13-10
Revises Chapters NR 484 and 485, relating to the vehicle inspection and maintenance program and affecting small business. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Small businesses that own vehicles subject to the inspection maintenance (I/M) program have been and will continue to be affected by the I/M program in the same way that individual vehicle owners are affected. The proposed rule may have a small, but not significant, economic impact on those small businesses that own non-exempt vehicles registered in Sheboygan County. The DNR estimates that the proposed rule will increase the average repair cost per failed vehicle in Sheboygan County by $216.
Improved fuel efficiency resulting from the more thorough repairs may offset some of these increased costs.
The proposed rule will not impose any new requirements on small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive comments or requests for modifications from the committees.
Natural Resources
Environmental Protection —Air Pollution Control
Chs. NR 400—
DNR # AM-16-10
Revises Chapters NR 400, 404, 405, 406, 407, 408 and 484, relating to permit requirements for particulate matter emission. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Major sources that are currently subject to the Title V and PSD program generally do not qualify as small business under s. 227.114 (1), Wis. Stats. The proposed rule is not expected to have a significant impact on small business.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive comments or requests for modifications from the committees.
Natural Resources
Environmental Protection — Water Supply,
Chs. NR 800—
DNR # DG-19-09
Repeals and recreates Chapters NR 809 and 811, and creates Chapter NR 810, relating to safe drinking water design requirements for community water systems, and requirements for the operation and maintenance of public water supply systems. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Typically, the Department has little flexibility with drinking water regulations since State rules can be no less stringent than the federal regulation. Flexibility in the rule will be used to reduce monitoring costs and complexity wherever possible. These rules should not have a significant impact on small business since the water systems operated by small businesses such as taverns and restaurants are already subject to the inspection and deficiency correction requirements included in the rule modifications. Therefore, under s. 227.19(3m), Stats., a final regulatory analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and the Assembly Committee on Natural Resources. A hearing was held by the Senate Committee on June 30, 2010. A Department presentation was made by Lee Boushon recommending adoption of Rule No. CHR-09-073. The legislative review period has expired.
Public Instruction
Repeals and recreates section PI 11.36 (6), relating to the identification of children with specific learning disabilities. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments reported.
Public Instruction
Revises Chapter PI 45, relating to the use of race-based nicknames, logos, mascots and team names by school boards. Effective 12-1-10 .
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments reported.
Public Instruction
Revises Chapter PI 43, relating to education reform. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments reported.
Public Instruction
Revises Chapters PI 8 and 34, relating to educator preparation and licensing flexibility. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments reported.
Revenue
Revises Chapter Tax 4, 7, 8, 9 and 11, relating to motor vehicle, alternate fuels, and general aviation fuel tax return and refund claim forms; fermented malt beverage tax return and refund claim forms; intoxicating liquor report, tax return, and refund claim forms; cigarette and tobacco products report, tax return and refund claim forms; and sales and use tax, local exposition tax, and premier resort area tax return forms. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
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