Natural Resources
(Environmental Protection—Remediation, etc.),
Chs. NR 700—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11(2)(a), Stats., interpreting ss. 292.11 and 292.31 and ch. 160, Stats., the Department of Natural Resources will hold a public hearing to revise ss. NR 714.05 and 714.07, Wis. Adm. Code, relating to notification of affected landowners when off-site contamination is detected, and notification to the public when an environmental investigation is required at a leaking underground storage tank site. The proposed rule requires persons who are responsible for hazardous substance discharges to notify affected property owners if the hazardous substance contamination migrates off of the source property onto neighboring properties. The proposed rule also includes the requirement that, for leaking underground storage tank sites, responsible persons are to notify the general public, not just neighboring property owners, whenever a site investigation is required at a site, in addition to providing notice to property owners whose property has been affected by migrating contamination.
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 the hearing will be held on:
March 21, 2001
Wednesday
1:00 p.m.
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Video conference participation will be available at:
Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room 542, State Office Building
819 North 5th Street
Milwaukee
Lower Level Conference Room
DNR Headquarters
810 W. Maple Street
Spooner
Room 3
DNR Regional Headquarters
107 Sutliff Avenue
Rhinelander
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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 Terry Evanson at (608) 266-0941 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Ms. Laurie Egre, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than March 30, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR 39-00] and fiscal estimate may be obtained from Ms. Egre.
Fiscal Estimate
There is no fiscal impact.
Submission of proposed rules to the legislature
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 00-145)
Ch. ATCP 11 - Relating to importing bovine animals, goats or cervids from tuberculosis “non-modified accredited" states.
Agriculture, Trade and Consumer Protection
(CR 00-146)
Chs. ATCP 10 and 11 - Relating to the reimbursement of Johne's disease testing costs. It also makes minor technical changes to current equine rules.
Ch. DE 2 - Relating to a system of remediation for applicants who have failed the clinical and laboratory examinations more than 3 times.
Ch. HFS 133 - Relating to home health licensure.
Ch. NR 233 - Relating to the regulation of effluent limitations and pretreatment standards for the pesticide chemicals industry.
Ch. NR 252 - Relating to the regulation of effluent limitations and pretreatment standards for the leather tanning and finishing industry.
Ch. NR 19 - Implementing the department's authority to void local hunting, fishing and trapping ordinances.
Chs. NR 19 and 64 - Relating to ATV, snowmobile, bowhunter and hunter education fees.
Chs. NR 1, 10, 12 and 19 - Relating to deer hunting and the wildlife damage abatement and claims program.
Ch. PSC 167 - Relating to the modification of rules on extended area telephone service.
rules_published
Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the February 28, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 00-104)
An order affecting ch. ATCP 136 relating to reclaiming and recycling refrigerant for mobile air conditioners.
Effective 3-1-01
Summary of final regulatory flexibility analysis
Businesses Affected. The department currently licenses more than 3,100 businesses that service and repair motor vehicle air conditioners and trailer refrigeration equipment. Most of these businesses are small businesses, as defined in s. 227.114(1)(a), Stats.
Business Registration Fee Increase. The proposed amendments increase the annual registration fee from $80 to $120 for each business that repairs or services mobile air conditioners or trailer refrigeration equipment. The division does not expect this $40 per year registration fee increase to have a significant impact on small business.
Sales of Refrigerants—Record-keeping. The proposed rule requires buyers and sellers of refrigerants to keep sales records that clearly identify the legal name and complete address of the buyer and seller. This is a minor change to the current record-keeping requirements. This change should have no impact on small business.
Substitute Refrigerants. The proposed rule expands the definition of "refrigerants" covered by the rule to include all substitute refrigerants. This change clarifies that the rule applies to ozone-depleting substitute refrigerants, as well as substitutes that are not ozone-depleting. This change should have no impact on small business.
The current rule requires businesses to disclose certain information when they replace the existing refrigerant in a motor vehicle air conditioner or trailer refrigeration equipment with a substitute refrigerant. The proposed rule adds a few more disclosures to those already required and requires the business to comply with EPA installation restrictions. These changes should have minimal impact on small business.
The proposed rule prohibits deceptive advertising and sales claims for substitute refrigerants. A seller may not claim that a refrigerant is an effective substitute for an ozone-depleting refrigerant, if that claim is not true. This change should have no impact on small business.
Flexibility. Small businesses continue to have flexibility under the current rule and the proposed amendments. Auto repair businesses are not required to service or repair mobile air conditioners or trailer refrigeration equipment. In fact, many auto repair businesses do not service air conditioners or refrigeration equipment themselves. Rather, they contract out repairs related to refrigerant recovery, recycling and recharging air conditioners or refer customers to businesses registered to perform these kinds of repairs.
No comments were received.
Athletic Trainers Affiliated Credentialing Board
(
CR 00-131)
An order to create chs. AT 1 to 5 relating to the licensure and regulation of athletic trainers.
Effective 3-1-01
Summary of final regulatory flexibility analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
No comments were received.
An order affecting ch. Comm 46 relating to risk screening and closure criteria for petroleum product contaminated sites, and agency roles and responsibilities.
Effective 3-1-01
Summary of final regulatory flexibility analysis
The rule provides an increased amount of flexibility for all businesses and owners of property contaminated by petroleum products. The rule establishes risk criteria that will allow sites to close after a site investigation, if risk screening and closure criteria are satisfied. Ch. Comm 46 will allow site owners to make maximum use of the current flexible closure provisions contained in the Department of Natural Resource's Chapter NR 726, Wis. Adm. Code.
During the hearing process no unique small business issues were raised. The issues responded to were generally on the technical provisions of the rule. The overall purpose and impact of the rule is to provide more options and risk-based decision making for sites where remediations of petroleum contaminations are required. This will benefit small and large businesses.
The rule does not increase the number of reports required from small businesses. The rule does, however, eliminate the need for many owners to prepare a remedial action report. The rule also will eventually decrease the number and scope of progress reporting required from environmental consultants.
The rule will not require additional costs or investments on the part of small businesses.
No comments were received.
An order to repeal and recreate ch. HFS 175 relating to recreational and educational camps.
Effective 3-1-01
Summary of final regulatory flexibility analysis
No more than 30 of the 246 recreational and educational camps in Wisconsin are small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. However, the repeal and recreation of ch. HFS 175 will have a minimal fiscal effect on these small businesses.
The revised rules clarify current provisions, add new safety requirements and make the rules more flexible in recognition of changes in the industry. The definition of “camp" is modified to delete the limitation that a camp provide 4 or more consecutive nights of lodging, the effect being to permit a camp to operate the year around and to enable some camps to avoid having to obtain restaurant and hotel permits in addition to a camp permit; there is no longer a requirement for Department pre-approval of plans for a new or expanded camp; food safety and service requirements and related equipment and utensil requirements in ch. HFS 196, rules for restaurants, are made to apply also to camp dining halls; there are new rules for food safety and sanitation where food is prepared and served out-of-doors; and more flexibility is permitted in staffing for health care services. Finally, the proposed rules reference other existing administrative rules of the Department and the Departments of Commerce and Natural Resources. The Department could not exempt particular operators from the rules of other Departments.
The major effect of these rules on camp operators will be increased recordkeeping requirements necessary to ensure the safety and welfare of campers. However, these rules will not require camp operators to employ additional professional services to achieve compliance. Pursuant to s. HFS 175.02 (2), licensed operators will still have the ability to apply for comparable compliance for alternative methods, practices, materials, equipment or design allowing additional flexibility and minimizing impact.
In summary, these rules are minimum requirements for protecting the health and safety of campers and staff. Given this, no additional special measures could be included in the revised rules to relieve small businesses from complying with the rule's requirements.
No comments were received.
An order to repeal and recreate ch. HFS 110 relating to licensing of ambulance service providers and licensing of emergency medical technicians-basic.
Effective 3-1-01
Summary of final regulatory flexibility analysis
These rules apply to the following organizations: the Department of Health and Family Services, the Division of Hearings and Appeals in the Department of Administration, ambulance service providers and emergency medical technicians.
About 81 of the 460 licensed ambulance service providers in Wisconsin may be “small businesses" as defined in s. 227.114 (1) (a), Stats. Moreover, these rules implement new training requirements for these small businesses. However, any additional costs associated with the additional basic training course will be covered by the Department through a funding assistance program and, consequently, there should be no additional expenses for businesses to comply with these revised rules.
