608-266-9781 or, if you are hearing impaired,
(608) 266-1511 (TDD)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Wednesday, February 24, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
Recent statutory changes through 2001 Wisconsin Act 109 require first responders and EMTs to receive training for response to acts of terrorism. These rule amendments revise the Department's training requirements for licensing first responders and emergency medical technicians (EMTs) at all levels to include language for awareness training for possible terrorism events.
The Department is integrating the additional training into existing EMT courses starting January 2003. Those persons trained between July, 2002 and January, 2003, however, will need to complete a supplementary 4-hour training module. Department staff will have some additional workload developing the training, including a possible internet-based training option. However, the Department does not anticipate that this training will result in either significant new expenditures or revenues of state or local governments. The acquisition of a supplementary 4-hour training module may require additional, albeit, minor expenditures.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.033, 29.335, 29.885, 227.11 and 227.24, Stats., interpreting ss. 29.033, 29.177 and 29.335, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-15-03(E) pertaining to the use of baiting to control and management of chronic wasting disease. This emergency order took effect on January 11, 2003. The emergency order authorizes the Department to allow landowners within the CWD eradication zone to hunt deer over bait by permit. The rule will help the Department meet deer herd reduction goals in the CWD eradication zone. Without the use of additional management tools, herd reduction may not be sufficient to reduce the spread of CWD from the infected area in western Dane and eastern Iowa counties. Shooting deer over bait in winter is a very effective deer culling method.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, February 11, 2003 at 1:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison, WI
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 Bill VanderZouwen at (608) 266-8840 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Department costs will be incurred as a result of assisting in the establishment of bait sites for landowners and issuing permits to landowners who choose to utilize bait and allow the DNR to access their property to eradicate deer in the CWD Eradication Zone the costs are detailed below:
16,000 lbs of bait (40 lbs of corn per landowner x 400 participating landowners) x $3 / 40 lbs of corn.............$1,.200
Vehicle mileage - 10,000 miles @ $0.30/mile..........$3,000
Salary & Fringe - 4 FTEs x $21.63/hr. in salary and fringe x 8 weeks x 20 hours / week........................................$13,843
TOTAL.................................................................$18,043
Contact Person
Written comments on the emergency rule may be submitted to Mr. Bill VanderZouwen, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than February 14, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [Wm-15-02(E)] may be obtained from Mr. VanderZouwen.
Notice of Hearing
Natural Resources
[CR 02-146]
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 400, 409, 410, 415, 419, 420, 422, 423, 431, 439, 447, 448, 449 and 484, Wis. Adm. Code, relating to clarification of compliance language for air management regulations. Air Management staff have been compiling information on the current ch. NR 400 series, with regard to changes to compliance language, where the applicability of the rules or their provisions weren't clear in certain situations. This proposed rule is intended to add clarity with regard to these rule applicability situations. There are also miscellaneous changes that are being proposed.
Additionally, test methods were updated to be consistent with U.S. EPA test methods and sections in the regulations incorporated by reference will be made current.
Some of the changes being proposed include:
1. Section NR 431.05 (1) allows for an opacity limit exceedance when a boiler is being cleaned or upon start up. The exceedance time was changed from 5 to 6 minutes, as 6 minutes is the averaging time used when reading opacity, both visually and by a continuous monitor.
2. Section NR 439.07 (8) is being recreated to delineate specific paragraphs for testing requirements for each pollutant listed (particulate emissions, sulfur dioxide, nitrogen oxides, organic compound emissions and visible emissions) in addition to a paragraph that contains general provisions for testing. Previously there were no titles to the paragraphs, and cross references of the general provisions between the paragraphs caused confusion.
3. Section NR 439.075 (4) (a) 4. is being created to allow for an extension to perform a compliance stack test. This change is being proposed, as testing is normally required at or near capacity and it was sometimes difficult for a facility to perform the stack test based on the time limitation in the permit.
4. Section 439.085 (3) (a) 1. is being amended to include q sampling time frame for fuels in storage tanks. Previously, no testing frequency was listed. By listing a testing frequency, there will be consistency in the application of this section by Department staff.
5. Section NR 439.10 defines the term “circumvention", and is being amended so it reads the same as the federal definition.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, February 24, 2003 at 1:00 p.m.
CS 3rd Floor Conference Room
125 S. Webster Street
GEF #3
Madison, WI
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 Joe Brehm at (608) 267-7541 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Joe Brehm, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than March 7, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the proposed rule AM-11-03 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
Notice of Hearing
Pharmacy Examining Board
[CR 02-150]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3), Stats., and interpreting ss. 450.03 (2) and 450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Phar 2.01 (1) (c), relating to notarized photographs.
Hearing Date, Time and Location
Date:   February 12, 2003
Time:   9:30 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 February 14, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 and 450.02 (3), Stats.
Statutes interpreted: ss. 450.03 (2) and 450.04 (3), Stats.
Current federal and state law and policy restrict the circumstances, if any, whereby an applicant for a license issued by a governmental entity may be required to submit a personal photograph as part of the application process. Lacking a demonstrated and sufficient reason to continue to require applicants to submit a photograph, it is the board?s intent to repeal s. Phar 2.02 (1) (c).
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 Regulatory 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.
Notice of Hearing
Pharmacy Examining Board
[CR 03-005]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (d), Stats., and interpreting ss. 450.03 (2) and 450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 2.03 (4), relating to admission requirements for all required professional examinations.
Hearing Date, Time and Location
Date   February 12, 2003
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.