The U.S. Department of Housing and Urban Development (HUD) revised 24 CFR Part 35 effective September 15, 2000. The regulations require most properties owned by the federal government or receiving federal assistance to conduct specified activities to make the property lead-safe. The HUD regulations most directly affect property owners receiving federal rehabilitation funds and landlords whose tenants receive federal rental assistance. To meet HUD's lead-safe standards, most affected properties must have a risk assessment completed and must use certified persons to reduce or eliminate the lead-based paint hazards identified in the risk assessment report. Property owners must also use trained people to perform maintenance or renovation activities and must have a clearance visual examination and dust-lead sampling conducted after completing activities that disturb lead-based paint. The regulations also require annual re-evaluation of the property by a certified lead risk assessor.
On June 3, 1998, EPA proposed standards for identifying lead-based paint hazards under the authority of section 403 of the federal Toxic Substance Control Act. Unlike previous federal lead-based paint legislation which focused only on the presence of lead-based paint, this legislation switches the focus of Federal lead-poisoning prevention efforts away from the removal of lead-based paint toward management of lead-based paint hazards. The proposed standards, when finalized, will play an important role in the national lead-based paint program. For example, the standards will be used by risk assessors to determine if lead-based paint hazards exist in pre-1978 housing and child-occupied facilities (e.g., daycare centers). Property owners will use the standards to identify conditions that must be disclosed before leasing or selling target housing under regulations of the U.S. Department of Housing and Urban Development (HUD) and EPA. The Department of Housing and Urban Development will also incorporate these standards into its regulations on lead-based paint hazard evaluation and control in federally-assisted and owned housing. In addition, these regulations will provide advice to the public about conditions considered to present health risks to young children that should be addressed. The standards may also be incorporated into local laws and regulations, housing codes, and lending and insurance underwriting standards.
EPA is also preparing to promulgate lead training and certification requirements under 40 CFR Part 745 for persons performing renovation and remodeling regulations. Under these regulations, any person who disturbs paint in a pre-1978 dwelling, other than a homeowner performing activities in an owner-occupied dwelling, will have to complete lead-safe training. EPA is also considering requiring a visual examination and dust sampling for clearance after any activity that disturbs paint in a pre-1978 dwelling, except when work on owner-occupied property was done by the property owner.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or phone:
Gail Boushon, Regulatory Specialist
Asbestos and Lead Section
Room 137, 1 West Wilson Street
P.O. Box 2659
Madison, WI 53701-2659
Telephone: (608) 261-6876, or 266-1511 if you are hearing impaired.
Fax: (608) 266-9711
Fiscal Estimate
The Department expects that owners of the approximately 500,000 rental units in Wisconsin built before 1978 to be the primary purchasers of certificates of lead-free status or lead-safe status to be issued under the proposed rule. It further expects that about 50% of these properties will be eligible for a certificate of lead-free and 50% for a certificate of lead-safe. A certificate of lead-free status costs $50 and is issued for an indefinite term. The Department anticipates that 10,000 certificates of lead-free status will be issued annually. A certificate of lead-safe status costs $25 and is issued for terms that vary from 9 months to 7 years. The Department anticipates that 8,000 certificates of lead-safe status will be issued or renewed each year. Therefore, the Department estimates an annual total of $700,000 in program revenues from the issuance of lead-free and lead-safe certificates. In addition, the proposed rule contains various fees for certification of individuals and companies, accreditation of training courses, and approval of principal instructors. The Department estimates that the proposed rule will increase revenues for these various by $206,400 annually. Contact Gail Boushon, Regulatory Specialist with the Asbestos and Lead Section to obtain a copy of the spreadsheet showing the breakdown of the estimated revenues.
The Department anticipates the total annual cost of administering the program to be $736,600. It estimates that 9.5 FTE will be necessary to administer the program at an estimated annual cost of $551,595. Of the 9.5 FTE, 4.5 FTE are transferred from existing DHFS programs and 5.0 FTE are authorized under 1999 Wisconsin Act 113. In addition, the Department anticipates other annual costs in the amount of $185,000. These costs include $50,000 to maintain the database of certificates, $120,000 laboratory costs for processing paint chip and dust wipe samples taken to verify eligibility for a certificate, and $15,000 for printing, postage and other services and supplies.
Initial Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s. 227.114 (1) (a), Stats. There are 286 certified lead companies in Wisconsin, of which at least 80% have fewer than 25 employees. There are 5 providers of training courses. Four of the training providers are companies and one is operated by a labor union. In addition, the proposal includes an option for property owners to obtain a certificate of lead-free status or lead-safe status in exchange for immunity from liability when a child is lead poisoned. The standards and certificates of lead-free status and lead-status will affect rental real estate owners who elect to participate. Many of these owners could be classified as small businesses. Therefore, the Department developed the rule only after careful consideration of the cost and administrative burden to affected parties.
In proposing standards that must be met in order for a real estate owner to receive a certificate of his or her building being lead-free or lead-safe, the Department continually weighed the cost to achieve or maintain a standard against the risk of a child being lead poisoned.
Training for certification was established in modules that allow easy movement to higher discipline levels after completing additional training without having to repeat information. This reduces the required initial amount of time and money, before a person may be sure of his or her commitment, and reduces barriers to upward movement within the lead industry.
Minimum reporting requirements will be placed on trainers and lead professionals. The Department considers the information proposed to be required of property owners minimally essential for awarding certificates of lead-free or lead-safe to a structure's owner. Such certifications form the basis for the owner's immunity from liability. Therefore, reporting requirements cannot be reduced for “small businesses."
Compliance and reporting requirements have been simplified and consolidated wherever possible while:
1.
Assuring building owners a basis for immunity from liability;
2.
Providing the Department adequate monitoring and enforcement information; and
3.
Providing the public sufficient information about individual buildings.
4.
Providing the legislature with progress reports mandated in 1999 Wisconsin Act 113.
Schedules and deadlines are limited to what the Department considers to be essential for program operation. Since the proposed rule offers immunity from legal liability if specified standards necessary for ensuring the physical health of occupants are met, the compliance standards must be uniform for all parties and cannot be lessened simply because a structure's owner meets the statutory definition of a small business.
Fees were established at levels expected to be sufficient to support the program and slowly repay GPR startup funds authorized by the legislation, without providing an excess of funds. Since many certification disciplines and all instructor approvals and course accreditations are issued for 2 years, the Department also had to consider fees that would be sufficient if revenues received in one year of the 2-year cycle were substantially greater than in the other year of the 2-year cycle.
Notice of Hearings
Natural Resources
(Fish, Game, etc. Chs. NR1- )
[CR 00-178]
NOTICE IS HEREBY GIVEN THAT ss. 29.041, 29.014 (1), 29.519 (1) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1), Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 25.03 (2) (b) 3., Wis. Adm. Code, relating to relicensing commercial fishers on Lake Michigan. In order to identify inactive licensees, persons who apply for annual renewal of commercial fishing licenses for Lake Michigan must meet several criteria. Since 1989, one key criterion has been the minimum annual catch requirement. To qualify for relicensing, each licensee must, for at least one of the three commercial fishing zones, have reported a combined harvest that exceeds one of two numbers: 1) a zone-specific level set out in s. NR 25.03 or 2) an alternate computed level based on the harvests of all fishers during the year preceding the year during which the application for relicensing is submitted.
The proposed rule changes the requirements for relicensing commercial fishers on Lake Michigan. Under the proposed rule, the alternate minimum catch requirement would be computed based on harvest by all fishers during the most recent 12-month period, June of the preceding year through May of the year of application. This rule revision would make it easier for a commercial fisher to qualify for relicensing following a year when fish stocks declined.
NOTICE IS HEREBY FURTHER GIVEN THAT pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial fishers on Lake Michigan
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
NOTICE IS HEREBY FURTHER GIVEN THAT the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN THAT the hearings will be held on:
January 12, 2001 Room 310, Green Bay City Hall, 100 N.
Friday Jefferson St., Green Bay at 2:00 p.m.
January 22, 2001 Room 118, County Administration Center (Middle Building), 121 W. Main St.,
Monday Port Washington at 5:00 p.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Effect:
There is no fiscal effect anticipated from the promulgation of this rule change.
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than Monday, January 29, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-48-00] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearing
Natural Resources
(Fish, Game, etc. Chs. NR1- )
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.11 (2) (a) and 227.24, Stats., interpreting ss. 350.04 and 350.10 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. LE-49-00 (E) relating to the definition of unreasonable and improper speed for snowmobile operation during the hours of darkness. This emergency order took effect on December 14, 2000. The emergency rule defines unreasonable and improper speed to include snowmobile operation above 50 miles per hour during the hours of darkness. Snowmobiles competing in a sanctioned race or derby are exempt from the regulation.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
January 17, 2001 Terrace Room (Room 100), UW Marathon
Wednesday Center, 518 S. 7th Ave., Wausau
at 11:00 a.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Karl Brooks at (608) 267-7455 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be no net change in FTE hours or expenditure of new funds for the Emergency Rule. The change will only be in terms of method of enforcement tactic used. Wardens will use existing equipment and existing hours to enforce this rule.
Written comments on the emergency rule may be submitted to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [LE-40-00 (E)] may be obtained from Mr. Brooks.
Notice of Hearings
Natural Resources
(Fish, Game, etc. Chs. NR 1-)
NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2), Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold public hearings on amendments to ss. NR 47.005 (1), 47.007 (1) and 47.008 (1) and the creation of subch. IX of ch. NR 47, Wis. Adm. Code, relating to the federal cost sharing program to suppress gypsy moths. The purpose of this rule is to establish the administration and procedures for participation by landowners through counties in a voluntary, cooperative state suppression program for outbreaks in Wisconsin of a foreign pest, the gypsy moth. The suppression program will include an aerial insecticide treatment program (administered in partnership with the department of agriculture, trade and consumer protection) and administration of federal cost sharing for participants in that treatment program.
The suppression program will be offered to landowners through counties and municipalities if the county in which they are located declines to participate. Participating counties or municipalities will provide a coordinator who will serve as the contact for the public and the department. The rule defines the tasks that will be performed by the participating counties and municipalities, how to apply for the program, criteria of eligible areas for treatment and cost sharing under the program and eligible costs that can be shared in the federal cost sharing program.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 227.11 (2) and 227.24, Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FR-41-00 (E) relating to the federal cost sharing program to suppress gypsy moths. This emergency order took effect on November 10, 2000. This emergency order establishes the administration and procedures for participation by landowners through counties in a voluntary, cooperative state suppression program for outbreaks in Wisconsin of the gypsy moth.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 31, 2001 Video conference participation will be
Wednesday available at:
Room IS 1034, Instructional Services
Bldg., UW-Green Bay, Green Bay
2:00 p.m. Pyle Center, UW-Extension, 702
Langdon Street, Madison and Room L21,
and UW-Marinette, 750 West Bay Shore,
Marinette
7:00 p.m. Room C103, Commons, UW-Waukesha,
1500 University Drive, Waukesha
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Andrea Diss at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
Gypsy moths populations continue to grow and spread in Wisconsin. Once established, populations go through cyclical periods of dramatic increase eventually reaching such high numbers that they strip whole forests of leaves in late June. When this happens, the public becomes very concerned and looks for ways to reduce the population of the pest to tolerable levels. Treatments to kill large numbers of the pest can be expensive, at times damaging to our native insects and other animals, or even dangerous to the landowner when pesticides are not used according to directions. A department organized suppression program will provide the public with a safe, effective and affordable means to prevent damage to their trees.
The Wisconsin gypsy moth suppression program is a voluntary program that offers cost savings to Wisconsin landowners beyond independently arranged treatment programs. This program consists of two components; 1) participation in a state run aerial insecticide treatment to suppress outbreaking populations of gypsy moth and 2) a federal cost sharing program to help pay for the aerial treatment project. The suppression program will require expenditures from local government that can be recovered from landowners served by the program. The first cost savings comes from participating in a large, state negotiated contract, the cost for which has been significantly lower than that for private, small spray programs. The second cost savings is from participation in the department facilitated federal cost sharing program for suppression of gypsy moth outbreaks. The USDA Forest Service offers cost sharing up to 50% for treatments and associated administration for eligible suppression efforts.
Written comments on the proposed and emergency rules may be submitted to Ms. Andrea Diss, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than February 9, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Ms. Diss.
Notice of Hearing
Natural Resources
(Environmental Protection - Air Pollution Control
Chs. NR 400-)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats., and revising the State Implementation Plan developed under that section, the Department of Natural Resources will hold a public hearing on revisions to chs. NR 422 and 439, Wis. Adm. Code, relating to an one-hour ozone air quality standard attainment plan. These revisions include volatile organic compound (VOC) emission controls focused on meeting federal requirements for reasonably available control technology (RACT) VOC emission limits for plastic parts coating.
The Clean Air Act requires all major sources of VOCs in ozone non-attainment areas to minimize emissions through the application of RACT. With the Department's assistance, the United States Environmental Protection Agency (USEPA) identified three source categories requiring VOC RACT rules (i.e. plastic parts coating, industrial cleanup solvent fabrication or use, and ink manufacturing). By December 31 2000, the Department is required to submit a plan that includes VOC RACT rules for these three source categories to the USEPA as part of the attainment demonstration of the 1-hour ozone standard in 2007. The components of that plan were approved by the Wisconsin Natural Resources Board in September 2000. This proposed administrative rule for the control of VOC emissions from plastic parts coating operations addresses the last USEPA identified deficiency in this attainment demonstration plan. The primary emission limitations technique is restricting the VOC content of coatings. However, in addition, compliance can be achieved by using in-line averaging and control systems that meet specified requirements.
The proposed rule will regulate plastic parts coating at major sources in three broad industry segments: automotive/transportation, business machines and miscellaneous. The miscellaneous plastic parts category includes items such as signs, weather stripping and shutters.
