Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
Reprinted from Mid-July 2001 Register
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed rule to amend ch.
ATCP 21, and to clarify statutory references in ch.
ATCP 29, Wis. Adm. Code, related to plant inspection and pest control. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until August 24, 2001 for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4574. Copies will also be available at the hearing.
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 7, 2001 by writing to Paula Noel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608) 224-4574. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.
Hearing Date, Time and Location
Tuesday, August 21, 2001 - 1:00 until 4:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
This rule repeals current import controls designed to prevent the spread of Japanese beetles into this state. Despite the current import controls, Wisconsin is now infested with Japanese beetle. The current import controls therefore serve no purpose, and may unnecessarily impede interstate commerce. This rule also updates scientific terminology and statutory references in current rules.
Background
Japanese Beetle; Repeal of Import Controls
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers plant pest control rules under ch.
ATCP 21, Wis. Adm. Code. Current rules include import controls designed to prevent the spread of Japanese beetles into Wisconsin. Persons who import certain plants, soil and other materials from areas infested with Japanese beetles must have those materials inspected and certified by a pest control official in the state or province of origin. The inspector must certify that the import shipment is free of Japanese beetle. The importer must pay for the inspection and certification.
Despite these import controls, the Japanese beetle has now infested Wisconsin and over half of all U.S. states. Because Wisconsin is now infested, its current import controls may serve no useful purpose and may unnecessarily impede interstate commerce. Wisconsin's current import restrictions are not consistent with the U.S. Domestic Japanese Beetle Harmonization Plan adopted by the National Plant Board. That plan recommends regulation of imports to states that are not yet infested, but does not recommend regulation of imports to states (like Wisconsin) that are already infested.
Taxonomic Name Change
DATCP currently regulates honeybee shipments, under ch.
ATCP 21, Wis. Adm. Code, to prevent the spread of honeybee pests in this state. Two of these pests have undergone taxonomic name changes.
State Pest Control Programs
Current DATCP rules under ch.
ATCP 29, Wis. Adm. Code, regulate the use of pesticides in this state. DATCP and its agents are currently exempt from these rules when engaged in state pest control programs under s.
94.02, Stats. or ch.
ATCP 21, Wis. Adm. Code.
Rule Contents
Japanese Beetle; Repeal of Import Controls
Consistent with the national harmonization plan, this rule repeals current Japanese beetle inspection and certification requirements for materials imported into Wisconsin. This repeal will not affect the natural spread of the Japanese beetle in Wisconsin. DATCP will continue to inspect and certify export shipments from Wisconsin to non-infested states that require such inspection and certification.
Taxonomic Name Change
The International Committee on Systematic Bacteriology (1993) has changed the scientific name of the pathogen, American foulbrood. The scientific journal, Experimental and Applied Acarology (2000), has changed the scientific name of the Varroa mite. This rule updates those pests names. The name changes will not change the regulation of honeybee shipments.
State Pest Control Programs
This rule clarifies in ATCP 29, Wis. Adm. Code, that DATCP and its agents are exempt when engaged in state pest control programs under s.
94.01, Stats.
Fiscal Estimate
This rule will have no fiscal impact on the department or other units of government. These rule changes eliminate the current Japanese beetle import restrictions. Wisconsin has become infested despite the import restrictions. Therefore, the rule no longer serves a useful purpose. The department currently inspects and certifies Wisconsin nurseries in infested areas, to facilitate export of items that may transport Japanese beetle. This practice of certification to permit Wisconsin nurseries to export to uninfected states will continue. There are no additional costs to local government.
Initial Regulatory Flexibility Analysis
Plant Inspection and Pest Control
The Department of Agriculture, Trade and Consumer Protection currently regulates the import of plants, soil and other materials for the presence of Japanese beetle under ch.
94, Stats. and s.
ATCP 21.11, Wis. Adm. Code. Despite these import controls, Wisconsin is now infested with Japanese beetle, making continued import control meaningless. Under the present rule, the costs for inspection and certification are born by the out-of-state business. In an unknown number of cases, the costs of these controls may have been passed through to nurseries in Wisconsin, most of which are small businesses.
The proposed rule changes repeal the import controls on Japanese beetle and will have no impact on nurseries in Wisconsin except as far as they will no longer be subject to any pass-through on inspection and certification costs. The repeal of the import controls on Japanese beetle have no reporting, recordkeeping or procedural impacts on the conduct of the Wisconsin nursery businesses.
Taxonomic Name Change and State Pest Control Programs
The proposed changes to scientific names of two honeybee pests and the clarification of the department's exemptions from its own rules on pesticide applications in particular situations will have no impact on small businesses in Wisconsin.
Small Businesses Affected by this Rule
This rule will have little or no effect on nurseries in Wisconsin, most of which are small businesses. Under current rules, out-of-state businesses shipping into Wisconsin have incurred costs for Japanese beetle inspection and certification. This rule eliminates those costs. To the extent that out-of state importers passed on the costs to nurseries receiving import shipments in Wisconsin, this rule will decrease costs to Wisconsin nurseries.
Notice of Hearing
Commerce
(Flammable and Combustible Liquids, Ch. Comm 10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.09 (3),
101.14 (4) (a), and
101.142, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to chapter Comm 10, Flammable and Combustible Liquids Code.
The public hearing will be held as follows:
Date and Time: Wednesday, August 15, 2001 @ 10:00 a.m.
Location: Tommy G. Thompson Commerce Center
Conference Room 3B
201 West Washington Avenue
Madison, WI
Analysis prepared by the Department of Commerce
Statutes Interpreted: ss 101.09 (3), 101.11 (2), 101.14 (4) (1) and (g) and 101.142, Stats.
Under the statute sections listed above, the department has the responsibility to adopt rules for the safe storage, handling and use of flammable and combustible liquids. The requirements established in this code encompass both fire and environmental safety aspects for flammable and combustible liquids.
The changes contained in this proposal are intended primarily to update adopted national standards, remove obsolete deadline requirements and streamline administrative processes. Some of the changes are designed to correct typographic errors and clarify ambiguous requirements. Wherever possible, conflicting rules in this chapter have been repealed so the requirement will be as specified in the current national standard. Additional requirements have been added for more frequent monitoring of corrosion protection measures.
Interested persons are invited to appear at the hearings 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, August 31, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Duane Hubeler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-0762 or (608) 264-8777 (TTY) 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.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Environmental and Regulatory Services Division web site at
www.commerce.state.wi.us/ER/ER-BST-Comm10CodeRevision. Paper copies may be obtained without cost from Linda Hahn, Department of Commerce, Storage Tank Bureau, P.O. Box 7837, Madison, WI 53701-7837, Email
lhahn@commerce.state.wi.us, telephone (608) 266-0762 or (TTY) (608) 264-8777. Copies will also be available at the public hearings.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Owners and installers of storage tank systems will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting or bookkeeping procedures required for compliance with these proposed rules. The existing requirements for tank registration and tank permitting have been streamlined.
3. Types of professional skills necessary for compliance with the rules.
