General Counsel
608-242-3072
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings or by mail or email to:
Department of Military Affairs
ATTN: Katie Sommers
2400 Wright Street
Madison, WI 53704
Comments may be submitted ahead of the public hearing on the proposed rule by mail or email until the deadline given in the upcoming notice of the hearing. The notice of public hearing and the deadline for submitting comments will also be published on WEM’s website: https://wem.wi.gov/epcra/. RULE TEXT
WEM 1.03 Emergency planning notification fee. Except as provided in s. WEM 1.06, an owner or operator shall timely submit a one-time fee of $1080 per facility with the one-time emergency planning notification required under s. 323.60 (5) (a), Stats. To be considered timely, the required documentation and fees must be received physically or electronically by the division by the deadline specified in 42 U.S.C. § 11002(5)(c). WEM 1.04 Hazardous chemical inventory reporting and inventory form fee.
(1)
An owner or operator of a facility required to timely submit an inventory form under s. 323.60 (5) (c), Stats., shall submit a Tier II inventory form, a site plan, inventory form fee statement and the appropriate inventory form fee annually. To be considered timely, the required documentation and fees must be received physically or electronically by the division on or before March 1.(2)
An owner or operator of a facility that has submitted an inventory form pursuant to s. 323.60 (5) (c), Stats., for the previous reporting period and which is no longer subject to the inventory form reporting requirements for the current reporting period shall return timely submit any inventory form fee statement received from the division stating why the facility is no longer subject to the inventory form reporting requirements. To be considered timely, the required document must be received physically or electronically by the division on or before March 1.…
(7)
Except as provided under s. WEM 1.07, the inventory form fee required under this section is:a.
For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $205275. Facilities with an actual maximum daily amount of 100,000 pounds or more, $245330.b.
For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $405550. Facilities with an actual maximum daily amount of 100,000 pounds or more, $485655.c.
For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $610825. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $730990.d.
For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $7451,010. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $8901,210.e.
For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $8801,195. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $10551,430.f.
For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $10151,380. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $12151,650.g.
For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $11501,560. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $13751,870.h.
For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $12851,745. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $15402,090.i.
For temporary construction facilities, $2735.j.
For batch plants, $2735.SECTION 2. WEM 1.04 (Note) is amended to read:
Note: Instructions for reporting and submitting fees can be found on the division’s website. Facilities that have submitted Tier II and Inventory Fee Statements in the previous year will receive preprinted forms in the mail annually on or around each January 1. These forms can also be obtained through the Wisconsin Emergency Management website at emergencymanagement@wisconsin.gov or call 608−242−3221. SECTION 3. WEM 1.07 is amended to read:
WEM 1.07 Exemptions, inventory form fee. A facility is not required to pay a fee under s. WEM 1.04 if any of the following apply: (1)
The facility meets the exemption criteria in s. 323.60 (7) (d), Stats.(2)
A facility is not required to pay a fee under s. WEM 1.04 (7) (a) to (h) if it is a temporary construction facility or a batch plant reporting under s. WEM 1.04 (3) or (4) unless the batch plant chooses to file under s. WEM 1.04 (1).(3)
The facility is a petroleum marketing facility pursuant to s. 166.20 (1) (gm), Stats.at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale, and the fee is for gasoline or diesel fuel.SECTION 4. WEM 1.07(3) (Note) is repealed:
Note: Section 166.20 (1) (gm), Stats., was repealed by 2009 Wis. Act 42. By the same act, the language of the now repealed s. 166.20 (1) (gm), Stats., was incorporated into the renumbered and amended s. 323.60 (7) (dm), Stats. SECTION 5. WEM 1.07 (Note) is repealed:
Note: A copy of the inventory form fee statement, Tier Two form, planning notification fee statement, Temporary Construction Facility Emergency Response and Hazardous Chemical Report, Batch Plant Emergency Response and Hazardous Chemical Report, Fee Remittance form, and list of local emergency planning committees may be obtained by contacting the Wisconsin Division of Emergency Management, 2400 Wright Street, Room 212, P.O. Box 7865, Madison, Wisconsin 53707-7865, telephone 608-242-3221.
SECTION 6. WEM 1.08 is created to read:
On July 1, 2025, and thereafter biennially on July 1 of odd years, all fees specified in s. WEM 1 shall be adjusted for inflation. Inflation shall be calculated using the US Bureau of Labor Statistics Inflation Calculator. Adjusted fees will be rounded to the nearest five dollars. The division's website will post both the previous and current fee amounts.
SECTION 7. EFFECTIVE DATE. This rule shall take effect on the first day of the first month commencing after the date of publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
Dated at Madison, Wisconsin _____________, 2023.
STATE OF WISCONSIN
DEPARTMENT OF MILITARY AFFAIRS
BY ______________________________________
PAUL E. KNAPP
Maj Gen, WI Department of Military Affairs
The Adjutant General
