Rm 542, State Office Bldg., 819 N. 6th St.,
Milwaukee
Rm 3, DNR Regional Headquarters, 107 Sutliff
Avenue, Rhinelander
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 Don Swailes at (608) 266-7093 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Meeting the requirements of the new rule will have some fiscal impact on the state, but more significant impacts on the regulated community. The state will realize increased costs for information collection, recordkeeping and reporting. USEPA estimates that states will incur an average of 115 hours of additional work per year for the first 3 years of implementation at approximately $38.50 per hour. Total labor cost is estimated at $4427.00 per year for three years.
Public water systems are expected to incur an average of an additional 6 hours per year at a cost of $29.50 per hour. Total labor cost is estimated at $177.00 annually. Therefore all community water systems (1150) will incur an estimated additional cost of $177.00 annually. However, the 530 other than municipal (OTM) systems are not included in the cost totals for purposes of this fiscal note. OTM systems are privately owned systems, e.g., those for condominiums, subdivisions, or mobile homes. This fiscal note is intended to total the estimated state and local government costs, as opposed to costs to private industry. The estimated local government fiscal impact is therefore: 1150 systems - 530 OTM systems = 620 systems x $177.00 = $109,740. (OTM costs are estimated at 530 x $177.00 = $93,810.)
In addition, about 50 systems will begin quarterly monitoring for radium for one year at a cost of $800.00 annually ($200.00/quarter/system.) Therefore the total estimated annual monitoring cost is $40,000.00.
The gross alpha analysis is used as a screening test, and will include alpha-emitting uranium isotopes. Approximately 110 systems that have exceeded the gross alpha standard of 14 pCi/L will have to monitor for uranium (approx. $48.00/sample). Of these systems, 31 are OTM systems and not included in this fiscal estimate total; therefore the local government fiscal impact is estimated at 110 - 31 = 79 x $48.00 = $3792.00. (OTM costs are estimated at 31 x $48.00 = $1488.00)
One-Time Capital Costs
Following the initial monitoring period, systems that exceed a radionuclide standard will be required to take corrective action to reduce levels below the MCLs. Capital costs for installing treatment will vary according to system size. Based on plan and specifications approved by the Department, capital costs for treatment are estimated as follows:
System Size Population
Small 25 - 3300
Med 3301 - 50,000
Large >50,000
Estimated Cap. Costs
$10,000 - $100,000
$500,000 - $2,000,000
$10,000,000 - $25,000,000
Currently, there are 43 small systems that exceed the radium standard (however, 14 of these are OTM systems and therefore not included in the fiscal estimate total), 5 small systems that exceed the uranium standard, 17 medium systems that exceed the radium standard, and 2 large systems that exceed the radium standard. Total capital costs for treatment at these systems are estimated to vary from $28.8 million to $86.9 million as shown below:
System Size # Systems Total Estimated Cost
Small 29 $290,000 - $ 2,900,000
Med 17 $8,500,000 - $34,000,000
Large 2 $20,000,000 - $50,000,000
Totals 62 $28,790,000 - $86,90,000
(The range of capital costs for OTMs is estimated at $140,000 to $1,400,000).
For most systems (those with low levels of radionuclides,), monitoring costs will be reduced by extending the sampling period from once every 4 years to once every 9 years. (e.g. Typical cost for a system will drop from $12.50/yr to $5.50/yr.)
Written comments on the proposed rule may be submitted by mail to Mr. Don Swailes, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 or by FAX to Mr. Swailes at (608) 267-7650 no later than July 13, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-26-01] and fiscal estimate may be obtained from Mr. Swailes.
Notice of Hearing
Regulation and Licensing
Hearing Date, Time and Location
Date: July 13, 2001
Time: 10:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
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 August 1, 2001, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statute interpreted: s.
449.17
In this proposed rule-making order, the Department of Regulation and Licensing amends ch.
RL 10, relating to the certification of optometrists to use diagnostic pharmaceutical agents.
The Note following s.
RL 10.01 (1), is being amended to reflect the renumbering of ch.
161, Stats., to ch.
961, Stats.
Section
RL 10.03 states, in part, that an application for a certificate shall be granted or denied within 15 business days after receipt of a completed application. The rule is being amended to omit this provision because the department has adopted a standard rule that specifies the number of business days within which the department must review and make a determination on an application.
s. 440.03 (1m), Stats., s. RL 4.03, Wis. Adm. Code.
Section
RL 10.04 (2), provides that in order to obtain a DPA certificate, an optometrist must submit evidence to the department showing that the optometrist has successfully completed one of the examinations identified in pars. (a) and (b). Depending upon when an application is filed with the department, before or after April 1, 1994, applicants must submit evidence of successful completion of the pharmacology examination administered prior to 1994 by the National Board of Examiners in Optometry; parts I and II of the examination administered after 1986 by the National Board of Examiners in Optometry or an examination approved by the Department of Regulation and Licensing and the Optometry Examining Board. The rule is being amended to delete the references to the April 1, 1994 date because the references are no longer applicable.
Text of Rule
SECTION 1. The Note following RL 10.01 (10) is amended to read:
Note: Section
161.39 961.39, Stats., contains certain limitations relating to the prescribing and administering of controlled substances by optometrists certified under section
449.18, Stats.
SECTION 2. RL 10.03 is amended to read:
RL 10.03 Statement of approval required. A licensed optometrist may not use diagnostic pharmaceutical agents in the practice of optometry unless the optometrist has completed an application form and received a DPA certificate from the department.
An application for a certificate shall be granted or denied within 15 business days after receipt of a completed application. A licensed optometrist may not use therapeutic pharmaceutical agents in the practice of optometry unless the optometrist has completed an application form, met the requirements under s.
449.18, Stats., and received a TPA certificate from the optometry examining board.
SECTION 3. RL 10.04 (2) (a) is amended to read:
RL 10.04 (2) (a) If application was made to the department prior to or on April 1, 1994, obtained Obtained a score of not less than 75 on the pharmacology section of the examination administered prior to 1994 by the national board of examiners in optometry.
SECTION 4. RL 10.04 (2) (b) (intro.) is repealed.
SECTION 5. RL 10.04 (2) (b) 1. is renumbered RL 10.04 (2) (b) and amended to read:
RL 10.04 (2) (b) Obtained passing scores on parts I and II of the examination administered after 1986 by the national board of examiners in optometry; or.
SECTION 6. RL 10.04 (2) (b) 2. is renumbered RL 10.04 (2) (c).
SECTION 7. The Note following RL 10.04 (3) is amended to read:
Note: The department of regulation and licensing does not administer the pharmacology examination. The required score of “not less than 75" relates only to the pharmacology section of the national examination. Therefore, if all sections of the national examination are were taken at once, the 75 score minimum applies only to the pharmacology section and not to the other sections of the examination.
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 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 Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
