Among the changes the Department is proposing through this order, the most significant are the following:
1. Currently, s.
HFS 163.14 (1) (g) only describes the protocol that applies when soil abatement is conducted by removal of soil. To comply with federal regulations, the Department proposes to specify the protocol that must be followed when soil abatement is conducted by covering the soil. Temporary lead hazard reduction of soil-lead, such as covering bare soil with vegetation or landscaping materials, remains an option but is not addressed in regulation.
2. Currently, s.
HFS 163.14 (5) (c) 8. requires that, following lead abatement, a window well or trough may contain no more than 800 micrograms of lead dust per square foot. The revised EPA regulations specify a maximum level of 400 micrograms per square foot. To comply with federal regulations, the Department proposes to reduce the permissible threshold to 400 micrograms per square foot.
3. Currently, s.
HFS 163.15 (2) specifies that a lead hazard is present in soil when the arithmetic mean for laboratory results for samples of bare soil is equal to or greater than 2,000 parts per million. The EPA revised regulations state that a lead hazard is present in soil when bare soil in a play area contains total lead content equal to or exceeding 400 parts per million or when bare soil in the rest of the yard contains an average of 1,200 parts per million of lead. To comply with the federal regulations, the Department proposes to reduce the permissible threshold to that specified by the EPA.
4. The Department proposes adding standards, as s.
HFS 163.15 (3), for determining when a lead-based paint hazard exists.
5. The Department proposes modifying s.
HFS 163.42 (1) (b) and
(c) to require that all exterior painted components, regardless of their height above the ground, be free of deteriorated paint unless the paint is proved to be lead-free.
6. The Department proposes to revise its standards for lead-safe property under s.
HFS 163.42 (1) (f) and
(j) to reflect these lower levels for lead in dust and soil.
7. Finally, the Department proposes to revise s.
HFS 163.42 (1) (j) to require that there be no soil-lead hazard on registered lead-safe property.
Fiscal Estimate
The proposed rule revisions do not require any governmental entity to perform an activity; they simply revise the standards that define lead-based paint hazards in bare soil and in dust found in window troughs.
Initial Regulatory Flexibility Analysis
These rules apply when certified lead investigation professionals determine whether a pre-1978 property contains lead-based paint hazards. This determination may affect the owners of pre-1978 housing when remediation of lead-based paint hazards is ordered or when provisions under s.
254.171, Stats. apply. Under s.
254.171, Stats., a property owner must obtain a lead-free certificate or lead-safe certificate for the affected dwelling unit when the property owner receives written notice that a child under 6 years of age residing at the property has an elevated blood lead level.
Remediation of lead-contaminated bare soil or additional cleaning of the interiors of dwellings may be required to comply with the standards in these rules. Because remediation of bare soil can be accomplished by covering the soil with vegetation or landscaping material, the fiscal impact to property owners is expected to be minimal.
The rules were reviewed by the Lead Technical Advisory Committee, which approved them as submitted. Because the amendments are required to comply with regulations of the U.S. Environmental Protection Agency, alternatives were not considered.
Copies of the Rule and Contact Person
To find out more about the hearing, to request a copy of the emergency rule, proposed rule or fiscal estimate, or to submit written comments, write, phone or email:
Gail Boushon, Administrative Unit Supervisor
Asbestos and Lead Section
Room 137, 1 West Wilson Street
P.O. Box 2659
Madison WI 53701-2659
Telephone: (608)267-2289, or 266-1511 (TTY) if you are hearing impaired
Fax: (608) 266-9711
If you are hearing or visually impaired, are not English-speaking, or have circumstances which might make communication at a 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 rules received at the above address no later than April 11, 2003, will be given the same consideration as testimony presented at a hearing.
Notice of Hearing
Hearing and Speech Examining Board
[
CR 03-025]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Hearing and Speech Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting ss.
459.22 (1) (e),
459.24 (3m) and
459.34 (2), Stats., the Hearing and Speech Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
HAS 6.14 (1) (a) 2. a. to
d.,
3. (intro); to renumber and amend s.
HAS 6.14 (1) (a) 4.; to amend chs.
HAS 2 (title),
HAS (3) (title),
HAS 4 (title) and
HAS 5 (title), s.
HAS 6.14 (1) (a) 1. and
2.,
(1) (b) 5. and
11.,
(2) (a) 2.,
(3) (a) (intro.) and
4.; to create ss.
HAS 6.02 (4g) and
(5g),
6.14 (1) (b) 13.,
14. and
15.,
6.18 (2) (d),
(e) and
(f),
(3) (y), relating to definitions, grounds for discipline and minor and technical changes.
Hearing Date, Time and Location
Date: March 28, 2003
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
179A
Madison, WI
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 April 11, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order, the Hearing and Speech Examining Board amends numerous provisions contained in ch.
HAS 6, including the definition of “assist in the practice of speech-language" under s.
HAS 6.14 (1) (a), and the definition of “direct supervision of unlicensed individuals" (by speech-language pathologists) under s.
HAS 6.14 (3) (a).
In addition, a definition is being created in s.
HAS 6.02, to define “full terms of sale" and “personal guarantee." The board is also creating several additional grounds for discipline of audiologists and speech-language pathologists in s.
HAS 6.18.
Additional minor and technical changes are being made to the rules for purposes of clarity, grammar, form, style and placement in the administrative code.
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 the 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.
