Notice is hereby given that pursuant to ss. 101.143 and 101.144, Stats., the Department of Commerce will hold a public hearing on proposed rules creating ch. Comm 46, relating to Petroleum Environmental Cleanup Fund Interagency Responsibilities. This proposed action is to adopt a permanent rule to replace the current emergency rule in effect.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
September 26, 2000 Room 3B, Third Floor
Tuesday Thompson Commerce Ctr.
Commencing at 201 West Washington Ave.
9:30 a.m. MADISON, WI
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Analysis Prepared by the Dept. of Commerce
Statutory authority: ss. 227.11 (2) (a) and 227.24, Stats., and Section 9110 (3yu)(b) of 1999 Wis. Act 9.
Statutes interpreted: ss. 101.143, 101.144, 292.11 and 292.31 and ch. 160, Stats.
The Wisconsin Department of Commerce proposes an order to create ch. Comm 46 as a joint rule with the Department of Natural Resources, relating to sites contaminated with petroleum products from petroleum storage tanks.
The proposed ch. Comm 46 is identical to ch. NR 746 that is being promulgated by the Department of Natural Resources.
Chapter Comm 46 provides that the Department of Natural Resources has authority for “high-risk sites" and that the Department of Commerce has authority for “low and medium risk sites." The rule requires the Department of Natural Resources to transfer authority for sites with petroleum contamination from petroleum storage tanks to the Department of Commerce once the site is classified, unless the site is classified as a “high-risk site" or the site is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank. The rule also establishes procedures for transferring sites from one agency to the other whenever new information relevant to the site classification becomes available.
Chapter Comm 46 also provides jointly-developed requirements for:
1. Selecting remedial bids and the setting of remediation targets for sites that are competitively-bid or bundled with another site or sites.
2. Determining when sites may close.
3. Determining when remediation by natural attenuation may be approved as the final remedial action for a petroleum-contaminated site.
4. Tracking the achievement of remediation progress and success.
5. Reporting of program activities.
Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, September 29, 2000, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing.
Copies of Rule and Contact Information
A copy of the proposed rules may be obtained without cost from Diane Ploessl, Department of Commerce, P.O. Box 7838, Madison, Wisconsin 53707, telephone (608) 261-7726, or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
The rule will impact small businesses that are or will be conducting remediations of petroleum product contaminations.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
The provisions of the rule will not create any new recordkeeping or procedures for individuals conducting petroleum remediations. The rules simply codify the processes used by the Departments of Natural Resources and Commerce in their administration of the remediation efforts.
3. Types of professional skills necessary for compliance with the rules:
The rules will not require any professional skills for compliance.
Fiscal Estimate
There is no state fiscal effect. There are no local government costs.
Assumptions used in arriving at fiscal estimate:
The Department is promulgating the rule to codify provisions in the working relationship between the Departments of Natural Resources and Commerce in the administration of the PECFA program. At this point in time, the longer-term fiscal impact of these changes cannot be determined. A workload study will follow that will be completed by the two agencies after implementation and assessment of impact.
Notice of Hearing
Regulation and Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98, and interpreting ss. 440.03 (1) and 440.982 (1) (a) and (b), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order adopting emergency rules affecting chs. RL 90 to 92, relating to educational and examination requirements for massage therapists and bodyworkers.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
October 3, 2000 Room 124
Tuesday 1400 East Washington Ave.
10:00 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P. O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by Monday, October 9, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutory authority: s. 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98.
Statutes interpreted: ss. 440.03 (1) and 440.982 (1) (a) and (b), Stats.
The proposed revisions to chs. RL 90, 91 and 92 are necessary to implement 1999 Wis. Act 98, relating to educational and examination requirements for massage therapists and bodyworkers. The proposed rules redefine an approved course of instruction to state that a course of instruction may now be approved by the Department in addition to being offered by a school approved by the Educational Approval Board under s. 45.54, Stats. Prior to 1999 Wis. Act 98, an approved course of instruction could only be offered by a school approved by the Educational Approval Board.
The proposed rules provide that a course of instruction approved by the Department is either:
1) An associate degree program, or a vocational diploma program in massage therapy or bodywork offered by a technical college, or
2) A course of instruction in massage therapy or bodywork offered by a school accredited by an accrediting agency recognized by the U.S. Department of Education, or the Commission on Massage Training Accreditation.
An approved course of instruction must also meet the minimum requirements set forth in s. RL 92.02 (5), consisting of 600 classroom hours satisfying the subject area requirements listed in that section. Additional amendments renumber those remaining sections where affected.
Sections 2, 4 and 6 create definitions of accrediting agency, associate degree program and vocational diploma program.
Section 3 renumbers and amends a provision to allow the department to approve a course of instruction authorized by s. 440.982 (1) (b), Stats.
Section 7 amends the introduction to s. RL 91.01, removing a reference to a section that is deleted.
Section 8 repeals a provision relating to a registration that is no longer offered.
Section 9 renumbers and amends a provision relating to an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
Section 11 renumbers and amends provisions relating to successful completion of examinations required for registration.
Section 13 amends a provision relating to the submitted proof pertaining to completion of an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
Section 14 repeals a reference to a formerly-approved course of instruction and creates a provision that a course of instruction from a school that is not approved by the Educational Approval Board be from a school that is either a technical college or accredited by an accrediting agency.
Section 15 amends provisions to require evidence that the applicant completed a course in adult cardiopulmonary resuscitation.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone: (608) 266-0495
