The statement of scope for this rule, SS 163-20,was approved by the Governor on December 18, 2020, published in Register No. 780B on December 28, 2020, and approved by the Natural Resources Board on February 24, 2021. This rule was approved by the Governor on August 13, 2021. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board adopts an order to repeal NR 114.05 (3) and (4), 114.19 (4) and (7), 114.54 (4), 146.09 (3) (c) (Note) and 524.08 (3) (c); to amend NR 114.05 (1), (2), (5) and (6), 114.06 (1) (a) and (4), 114.11 (1) (a) and (i), 114.19 (1), (3), (5), (6) and (8), 114.20 (1) (a), 114.24 (2) (a), 114.33 (1), (2), (3), (5), and (6), 114.34 (1) (a) and (4), 114.37 (1) (g), 114.54 (1), (2), (5) and (6), 114.59 (1) (h), 146.04 (2) (i), (2m), (3) (c), (3m), and (9) (c), 146.06 (3), 146.065 (3), 146.09 (3) (a) and (c) and 524.08 (3) (a), (b), (d) and (f); to repeal and recreate NR 114.19 (2); and to create NR 114.06 (1) (e) and (5), 114.20 (1) (f) and (4), 114.34 (1) (f) and (6), 114.54 (2) (Note), 114.55 (1) (g) and (4), 146.04 (1) (e), 146.045 and 524.08 (3) (em) relating to allowing for third party administration of operator certification examinations and affecting small business.
WY-26-20(E)
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted:
2. Statutory Authority:
3. Explanation of Agency Authority:
Revisions to options for providing department certification exams under ch. NR 114, Wis. Adm. Code, Certification Requirements for Waterworks, Wastewater Treatment Plant, Septage Servicing and Water System Operators will be promulgated pursuant to s. 281.17 (3), Wis. Stats.: - Section 281.17 (3), Wis. Stats., grants the department authority to establish an examining program for the certification of operators of water system, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), Wis. Stats. Revisions to options for providing department license exams under ch. NR 146, Wis. Adm. Code, Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator Registration will be promulgated pursuant to chs. 280 and 281, Wis. Stats.: - Section 280.15 (2m) (e), Wis. Stats.: The department may not issue a pump installer license unless the applicant demonstrates competency in pump installing by passing an examination administered by the department. - Section 280.15 (2m) (f) 1m.a., Wis. Stats.: The department may not issue a driller license that authorizes well drilling unless the applicant demonstrates competency in well drilling by passing an examination administered by the department. - Section 280.15 (2m) (f) 2m.a., Wis. Stats.: The department may not issue a driller license that authorizes heat exchange drilling unless the applicant demonstrates competency in heat exchange drilling by passing an examination administered by the department. Revisions to options for providing department certification exams under ch. NR 524, Wis. Adm. Code, Training and Certification Requirements for Solid Waste Disposal Facility Operators will be promulgated pursuant to ss. 289.06 and 289.42, Wis. Stats.: - Section 289.06 (4), Wis. Stats.: Collect and disseminate information and conduct educational and training programs relating to the purposes of this chapter and ss. 292.31 and 292.35, Wis. Stats. - Section 289.06 (5), Wis. Stats.: Organize a comprehensive and integrated program to enhance the quality, management and protection of the state's land and water resources. - Section 289.42 (1) (a), Wis. Stats.: The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste disposal facilities. The department shall establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification. 4. Related Statutes or Rules:
NR 146 – ch. 281, Wis. Stats. NR 524 – s. 289.06, Wis. Stats. 5. Plain Language Analysis:
Under the Clean Water Act, the U.S. Environmental Protection Agency (EPA) created partnerships with states, water systems, and the public to provide guidelines on minimum standards for certification and recertification of operators. Wisconsin operators initially become certified upon passing an examination evaluating their technical knowledge.
The goal of this rule is to provide online options for taking exams. The rule change will allow an organization under contract with the department to provide exams developed by the department. The department lacks the IT resources necessary to build its own online platform. Online exams will allow greater flexibility for taking exams throughout the year and expand the number of testing locations. In- person exams will continue to be an option provided by the department, and the fees charged for department-administered exams are not proposed to change.
The proposed rule changes are prompted by the Covid-19 public health emergency.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
EPA guidelines do not address the method of examination. In-person and online exams are allowed.
7. If Held, Summary of Comments Received During Preliminary Comment Period and at Public Hearing on the Statement of Scope:
The department held an online preliminary public hearing on the statement of scope on February 5, 2021. Two attendees testified in support of the statement of scope; no attendees testified in opposition.
The department received written comments from eight individuals or groups on the statement of scope. Six commenters were in support of the scope statement, one commenter was in opposition with concerns about changing the exam questions, and one commenter was neither in support nor opposition, but offered his help with the process. Wisconsin Liquid Waste Carriers Association included a comment that they want the department to maintain the requirement for a Master Operator class. Municipal Environmental Group wants limited fee increases. One wastewater operator suggested allowing more options for proctoring exams.
8. Comparison with Similar Rules in Adjacent States:
Drinking water operator exams (ch. NR 114): - Ohio and Indiana are the only two EPA Region V states allowing online exams.
- Iowa is providing online exams to landfill operators in place of written exams, during the pandemic.
- Fee comparisons:
- Wisconsin: $25 + $70 estimated online fee (proposed $95 total cost)
