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.
Fiscal Estimate
There will be no net change in FTE hours or expenditure of new funds for these rule revisions.
Notice of Hearings
Natural Resources
(Environmental Protection-General,
Chs. NR 100—)
[CR 02-095]
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.
Fiscal Estimate
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 of Hearings
Natural Resources
(Environmental Protection-Water Regulation
Chs. NR 300—)
[CR 02-099]
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.
Fiscal Estimate
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 of Hearings
Natural Resources
(Environmental Protection-Air Pollution Control, Chs. NR 400—)
[CR 02-097]
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
August 20, 2002   Auditorium
Tuesday at 4:00 p.m.   Wood County Courthouse
  400 Market Street
  Wisconsin Rapids
August 22, 2002   Jury Assembly Room
Thursday at 2:00 p.m.   La Crosse County Courthouse
  333 Vine Street
  La Crosse
August 26, 2002   Room 027, GEF #2
Monday at 1:30 p.m.   101 South Webster Street
  Madison
August 27, 2002   Room 141
Tuesday at 4:00 p.m.   DNR Southeast Region Hdqrs.
  2300 N. Dr. Martin Luther King Jr.
  Drive
  Milwaukee
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 Robert Park at (608) 266-1054 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 Ms. Caroline Garber, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than September 13, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings.
A copy of proposed rule AM-34-02 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Fiscal Estimate
The revisions will affect permit writing and compliance activities. Provisions in the rule will increase some activities and reduce other activities. No additional FTEs are expected to be needed in the Bureau of Air Management or in the regional offices.
The rule revisions may affect a number of state and locally owned facilities. State and locally owned emission units that are out of compliance with new emission limits may incure some compliance costs. Compliance costs are expected to be insignificant for most state and locally owned facilities. These costs are unquantifiable.
Notice of Hearing
Social Workers, Marriage and Family Therapists, and Professional Counselors Examining Board
[CR 02-105]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and ch. 457, Stats., as repealed and recreated by 2001 Wisconsin Act 80, and interpreting ch. 457, Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to revise the SFC Code relating to the Marriage and Family Therapists, Professional Counselors and Social Work Examining Board.
Hearing Information
Hearing Date, Time and Location
Date:     August 12, 2002
Time:     10:00 A.M.
Location:     1400 East Washington Avenue
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