Wisconsin Legislature: Text

a. Types of small businesses affected: Lake Superior commercial fishers

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 pursuant to ss. 29.014 (1), 29.041, 29.519 (1) (b), 227.11 (2) (a) and 227.24, Stats., interpreting ss. 29.014 (1), 29.041 and 29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-15-02(E) relating to commercial and home use fishing for lake trout in Lake Superior. This emergency order took effect on July 8, 2002. This emergency order revised the allocation of lake trout among home use and non-Indian commercial fishers and the Red Cliff and Bad River bands.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

August 19, 2002 County Board Room
Monday at 7:00 p.m. Bayfield County Courthouse
117 E. Fifth Street
Bayfield

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 Steve Schram at (715) 779-4034, ext. 12 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed and emergency rules [FH-10-02 and FH-15-02(E)] may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than August 23, 2002. 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 Mr. Horns.

The department does not expect these revisions to have a fiscal impact at the state or local level.

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.79 (2m) and 227.11 (2) (a), Stats., interpreting ss. 23.33 (9) (a), 30.79 and 350.12 (4), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 50.12, 50.13 and 64.15, Wis. Adm. Code, relating to, ATV, snowmobile and water safety patrols. The Winnebago County Sheriff has requested that the Department include the water safety patrols that operate on Lake Winnebago under s. NR 50.13 (1m) (b) 2., so that they can also be funded to staff their boats with 3 officers for safety reasons. The proposed revision adds lakes over 100,000 acres as outlying waters for the purpose of establishing average patrol hours per arrest.

The proposed rule will also eliminate the requirement for the Department to mail three sets of forms to each county for water safety, snowmobile and ATV patrols. Currently the Department makes grant funds available to sheriff patrols that enforce snowmobile and ATV statutes at two separate times each year. The proposed rule will change the grant submission deadlines and payment disbursement dates for both programs to be the same. Currently the ATV equipment reimbursement rate for equipment items that are not ATVs or trailers is capped at $100. The proposed change will raise the equipment cap to a maximum of $1000, which is identical to the snowmobile 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 the hearings will be held on:

August 20, 2002 (Tuesday) - 10:00 a.m.

Conference call participation at:

Conference Room, DNR Service Center
223 E. Steinfest Road, Antigo

Video conference participation at:

Room 115, Polk Library, UW-Oshkosh
801 Elmwood Blvd., Oshkosh

Room 127, Waukesha State Office Bldg.
141 NW Barstow Street, 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 Karl Brooks at (608) 267-7455 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than August 30, 2002. 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 Mr. Brooks.

There will be no net change in FTE hours or expenditure of new funds for these rule revisions.

NOTICE IS HEREBY GIVEN that pursuant to ss. 281.12(1), 281.15, 281.19 (1), 299.11 and ch. 160, Stats., interpreting ss. 281.12 (1), 281.15, 281.19 (1), 299.11 and ch. 160, Stats., the Department of Natural Resources will hold public hearings on amendments to NR 140.10 Table 1 and Appendix 1 relating to groundwater quality standards. The proposed amendments would add groundwater quality standards for 2 additional substances and revise exiting groundwater quality standards for 3 substances. In accordance with ch. 160, Stats., amendments to ch. NR 140 groundwater quality standards are based on recommendations from the Department of Health and Family Services. New public health related groundwater quality standards are proposed for Alachlor ethane sulfonic acid (Alachlor ESA) and molybdenum. Revised public health related groundwater quality standards are proposed for butylate, dacthal and naphthalene.

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 hearings will be held on:

August 28, 2002 (Wednesday) - 1:00 p.m.

Room 511, GEF #2, 101 South Webster Street
Madison

August 29, 2002 (Thursday) - 3:00 p.m. and 7:00 p.m.

County Board Room, Iowa County Courthouse
222 N. Iowa Street, Dodgeville

August 30, 2002 (Friday) - 1:00 p.m.

Video conference participation available at:

Room 139, Eau Claire State Office Building
718 W. Clairemont, Eau Claire

Room 105, UW-Fond du Lac,
400 Campus Drive, Fond du Lac

Room D155B, Communication Arts Bldg.
UW-Parkside, 900 Wood Road, Kenosha

Room B29, La Crosse State Office Building
3550 Mormon Coulee Road, La Crosse

Conference Room, DNR Regional Headquarters
107 Sutliff Avenue, Rhinelander

Conference Room, DNR Regional Headquarters
810 W. Maple Street, Spooner

September 9, 2002 (Monday) - 3:00 p.m. and 7:00 p.m.

Room 205, University Center, UW-Stevens Point
1015 Reserve Street, Stevens Point

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 William Phelps at (608) 267-7619 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. William Phelps, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than September 20, 2002. 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 is available from Mr. Phelps.

Although additional monitoring costs may be imposed upon the state or local government entities that are within the regulated community, the extent of such monitoring and any costs associated with it--while too speculative to quantify at this time--are not expected to be significant. Further, any increased monitoring costs associated with the setting of ESs and PALs for Alachlor ESA and Molybdenum and the lowering of the ES and PAL for Dacthal may be offset by cost savings associated with the relaxing of ESs and PALs for Butylate and Naphthalene. Thus, on balance, the Department believes it is unlikely that there will be additional costs to state and local governments resulting from adopting these groundwater standards.

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.2035 and 227.11 (2) (a), Stats., interpreting s. 30.12 (2) and (3) (a) 3., Stats., the Department of Natural Resources will hold public hearings on the creation of subch. I to ch. NR 328, Wis. Adm. Code, relating to shore erosion control standards for inland lakes and impoundments. The proposed rule codifies standards for Department permit decision process for shoreline alternations for erosion control. The rule will prevent or minimize adverse effects of shore erosion construction and achieve consistency in the application of navigable water laws for the construction of shore protection.

Permitting of shore erosion control structures is currently addressed through Departmental guidance. This rule seeks to find a consistent balance between the need of waterfront property owners to limit their erosion and the state's obligation to meet the public interest in protecting lake-edge habitat. The rule encourages erosion control practices (through authorization of short-form permits) that are beneficial to fish and wildlife habitat or can be accomplished by other effective lower impact techniques. This rule will improve consistency in decision-making by developing an assessment of erosion potential by two methods: 1) application of models to storm-wave height conditions; and 2) more specific site-level erosion assessment. The rule also simplifies regulation of shore protection options that have fewer environmentally harmful side-effects and, moreover, are beneficial to fish and wildlife along developed areas.

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 hearings will be held on:

August 13, 2002 James P. Coughlin Center
Tuesday at 7:30 p.m. 625 E. County Road Y
Oshkosh

August 14, 2002 Schmeeckle Reserve,
Wednesday at 7:30 p.m. UW-Stevens Point
2419 North Point Drive
Stevens Point

August 15, 2002 Room 511, GEF #2
Thursday at 3:00 p.m. 101 South Webster Street
Madison

August 15, 2002 Fox River Room, Arena Bldg.
Thursday at 7:30 p.m. Waukesha Co. Expo Center
1000 Northview Road
Waukesha

August 19, 2002 DNR West Central Region
Monday at 7:30 p.m. Headquarters
1300 W. Clairemont
Eau Claire

August 20, 2002 Polk Co. Special Education School/
Tuesday at 7:30 p.m. Adult Development Center
400 Polk County Plaza
Balsam Lake

August 21, 2002 Sawyer County Courthouse
Wednesday at 7:30 p.m. 10610 Main Street
Hayward

August 22, 2002 Woodruff Town Hall
Thursday at 7:30 p.m. 750 Elm Street (Hwy. 51)
Woodruff

August 26, 2002 Auditorium Room
Monday at 7:30 p.m. La Crosse Co. Admin. Bldg.
400 4th St. North
La Crosse

NOTICE IS HEREBY FURTHER GIVEN that Department staff will conduct an informational meeting on the proposed rule for an hour preceding each public hearing.

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 Paul Cunningham at (608) 267-7502 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 Mr. Paul Cunningham, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than Friday, August 30, 2002. 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 Mr. Cunningham.

State Costs:

Subchapter I: The Department anticipates no net increase in costs associated with administering Subchapter I of these proposed rules, only a shift in workload resulting from: 1) less workload associated with long-form permit decisions (site analysis, permit decisions, and contested case hearings); and 2) an offsetting increase in the workload associated with short form review, technical assistance, and application of the rule.

Subchapter II: The Department anticipates no more than one municipal breakwater permit per year as authorized under Subchapter II of these proposed rules. The workload associated with municipal breakwater permit and plan review is estimated to be 100 hours per permit. The annual salary-related costs associated with this permitting and plan review are estimated @ $30 per hour for 100 hours, or $3000 annually. The Department will absorb this workload in its current budget.

Local Costs (Subchapter II only):

Local government costs are permissive only. Currently local units of government do not have the opportunity to place permanent breakwaters on the beds of lakes and flowages through a Department permitting process. Permits for offshore breakwaters may be issued to municipalities for placement in the following water bodies: Lake Koshkonong, Petenwell flowage, Castle Rock lake, Big Eau Pleine reservoir, Lake Nokomis – Rice River reservoir, Lake DuBay, Beaver Dam lake, Lake Buttes des Morts, Lake Poygan, Lake Winneconne, and Lake Winnebago.

These listed waters are generally typified by the following conditions – impounded; 5000 acres and larger; extensive water level fluctuation; high shoreline recession rates; and historic loss of shoreline vegetation. As stated above, the Department anticipates no more than one municipal breakwater permit per year, statewide.

There are no direct fees or costs to local municipalities associated with processing permits. Local municipalities' permissive costs (planning, engineering services) to implement breakwater projects and comply with the administrative rule will vary widely. For purposes of this fiscal note, the Department assumes that local governments applying for municipal breakwater permits have developed management plans. The Department estimates that, on average, a local government would invest up to 300 hours to develop the proposed NR 328 permit application information. Assuming that the local government's costs are $30 per hour, it would incur up to $9000 in costs related to the permit application.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), 285.17 and 285.27 (2), Stats., interpreting ss. 285.11 (10), 285.13 (5), 285.17, 285.27 (2), 285.63 (4), 285.64, 285.67 and 285.69, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 400, 406, 407, 410, 419, 422, 423, 438, 439, 445, 446, 447, 448, 449, 468 and 484, Wis. Adm. Code, relating to the control of hazardous air pollutants and air contaminant inventory report requirements. The revision proposes to add 153 hazardous air pollutants to ch. NR 445, remove 5 hazardous air pollutants from the current list, and to establish regulatory thresholds, emission standards, permit and emission inventory reporting requirements for the newly listed substances. The revisions propose to establish risk-based thresholds for carcinogens. Emission standards are revised for 116 of the 429 currently listed hazardous air pollutants. The rule revisions are also being proposed to improve the regulatory system. The revisions introduce alternative methods for demonstrating compliance and add measures to reduce, streamline and clarify regulatory requirements.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulator flexibility analysis is as follows:

a. Types of small businesses affected: Small businesses that may emit hazardous air pollutants are affected by this regulation. The regulation creates an “incidental emitter" category which substantially narrows the regulatory responsibility for most non-manufacturing businesses and for those manufacturing businesses that emit less than 3 tons/year of volatile organic compounds and less than 5 tons/year of particulate matter. It is estimated that close to 99% of all establishments in Wisconsin will fall in the “incidental emitter" category.

b. Description of reporting and bookkeeping procedures required: Small businesses that need to limit or reduce their emissions of hazardous air pollutants in order to comply with the emission standards will be required to report the hazardous air pollutant(s), the method used to comply with the applicable emission standard and a description of the records that will be kept on site to verify continuous compliance with the standard. Businesses that work with complex formulations or that frequently change the chemicals that they use may need to keep additional records to track their chemical usage.

c. Description of professional skills required: In some cases, engineering skills will be needed to determine how to comply with the emission standards. However, this is not expected to be the case for most 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 hearings will be held on:

August 19, 2002 Appleton Public Library
Monday at 4:00 p.m. 225 N. Oneida Street
Appleton