Applicators must keep specified records related to metam sodium applications.
Rule Contents
This rule regulates chloropicrin applications in the same way that current rules regulate metam sodium applications (see above). This rule also modifies current metam sodium regulations as follows (the same regulations will apply to chloropicrin):
For “tarped" agricultural applications, this rule reduces the required minimum setback from schools, hospitals, nursing homes, jails and prisons from 1/4 mile to 1/8 mile. For “untarped" agricultural applications, the required minimum setback remains at 1/4 mile.
The setback requirements applicable to schools are also made applicable to licensed daycare facilities. An exception is provided for an application to a plant nursery that was in existence prior to the first date the daycare facility was licensed if the nursery operator provides at least 24 hours prior notice of the application to the daycare facility operator.
This rule relaxes current follow-up monitoring requirements. Under current rules, a certified applicator must inspect the application site 4-6 hours after the application is completed and again 9-12 hours after the application is completed. Under this rule, a certified applicator must only conduct one follow-up inspection, within one hour of sunset on the day of application.
This rule updates current emergency government references, and makes other minor editorial changes.
Federal Regulations
The U.S. Environmental Protection Agency (EPA) regulates pesticides under the Federal Insecticide, Fungicide and Rodenticide Act. Pesticides must be registered with EPA. EPA registers pesticides and pesticide labels for specific uses. The pesticide manufacturer must provide safety, environmental and other data to support the registration. Pesticide labeling must conform to the EPA registration. Federal and state law prohibit sale or use inconsistent with label directions. Wisconsin and other states work with EPA to assure proper use and handling of pesticides.
States may regulate pesticide applications within their own territory. States may act on their own authority (independent of EPA), and may establish use restrictions that go beyond federal label restrictions. Wisconsin currently has restrictions on the use of metam sodium pesticides that go beyond federal label restrictions.
Surrounding State Regulations
Other states, like Wisconsin, regulate pesticide applications generally. However, none of the states surrounding Wisconsin has adopted specific requirements for metam sodium or chloropicrin applications, beyond requirements specified on the federally-approved pesticide labels.
Business Impact
Businesses Affected
This rule regulates commercial pesticide applicators and agricultural producers that apply or receive applications of metam sodium and chloropicrin soil fumigants. Many of the regulated businesses are small businesses, but others are large. Most of the regulated farmers are potato growers.
This rule protects neighboring farms and businesses from adverse effects of improper soil fumigant applications. Many of the protected businesses are small businesses.
Effects on Business
This rule imposes new regulations on the use of chloropicrin soil fumigants (see above). Approximately 71,000 acres of potatoes were planted in Wisconsin in 2004. Chloropicrin is currently applied on approximately 2,000 acres of potatoes and 25 acres of state-owned seedling nurseries in Wisconsin. Chloropicrin applications are made by commercial pesticide applicators that have the equipment and expertise to handle and apply chloropicrin. Chloropicrin-treated acreage is expected to increase due to pest problems and the efficacy of chloropicrin products.
DATCP estimates that this rule will cost $8,000 to $12,000 per year for the industry as a whole, mainly for increased costs of applying chloropicrin to approximately 2,000 acres of potatoes. Increased pesticide applicator costs will generally be passed on to farmers. Most of the farms that use chloropicrin are small businesses, but the single largest user (accounting for approximately 25% of the treated acreage) is not a small business.
This rule relaxes some current requirements related to metam sodium applications (post-application inspection requirements and setbacks for “tarped" applications). Farmers and pesticide application businesses that apply metam sodium soil fumigants may experience a small decrease in costs as a result of these changes.
By establishing clear application standards and procedures, this rule protects neighboring farms, businesses and individuals from improper applications. It also helps protect complying pesticide users from liability for offsite movement.
This rule applies to large and small businesses alike. An exemption for small business would undermine the effectiveness of the rule in preventing human exposure to metam sodium and chloropicrin. This rule will not have a significant adverse economic impact on small business. Therefore, it is not subject to the delayed small business effective date provision in s.
227.22 (2) (e), Stats.
Fiscal Impact
This rule will not have a significant fiscal impact on Wisconsin state or local government. DATCP will incur some costs for compliance monitoring. However, DATCP expects to absorb those costs. The fiscal estimate is based on the current use of chloropicrin in Wisconsin.
Environmental Impact
This rule regulates chloropicrin soil fumigant applications to prevent potentially hazardous off-site movement of volatilized chloropicrin. This will help prevent harm to human beings and sensitive animal species.
This rule will relax some current regulations related to applications of metam sodium soil fumigant (post-application inspection requirements and setbacks for “tarped" applications). However, this relaxation will not significantly reduce current safety protection, and will not have a significant adverse environmental impact.
Notice of Hearings
Natural Resources
2005 Wisconsin Act 356 requires all persons born after 1-1-1989 and who are at least 16 years of age, to possess a WDNR approved boating education course certificate before they may operate any motorboat. There was an exception created for a person who is renting/leasing a motorboat if the person providing the boat gives the renter/leaser instruction on how to operate a motorboat in the manner established by the department by rule. The proposed s.
NR 5.18 will establish the minimum standards and procedures for the instruction to be given to comply with ss.
30.625 (1) (a) and
30.74 (1) (am), Stats.
The proposed rule clarifies the minimum age to be eligible for a temporary boating education training and certification will be 16 years of age and that the certification only applies to the operation of boats that are rented or leased by the holder of the certificate. In addition, this rule establishes the process for administering an exam and issuance of a temporary certificate. Motorboat rental businesses will be required to collect a $10 fee for the temporary boating education course of instruction and issuance of the certificate. Similar to fees collected for regular boating education certification courses, the person or business providing the training and administering the exam will be allowed to retain up to 50% of the fee to defray expenses incurred locally to provide the training and issue the temporary certificate. All remaining funds shall be turned in to the department to defray expenses incurred to operate the boating safety program.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Businesses that either rent or lease motorboats and choose to participate in this process will be affected.
b. Description of reporting and bookkeeping procedures required: Boat rental agents will be required to keep a log or roster of an individual's name, address and date of birth, the exam score, the date each person's temporary boating education certificate was issued, the total course fees collected and the total fees remitted to the department on a monthly basis, if they participated in the program during the previous month.
c. Description of professional skills required: No additional professional skills are required.
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:
Wednesday, January 24, 2007 at 10:00 a.m.
Room 151, Waukesha State Office Building, 141 NW Barstow St., Waukesha
Wednesday, January 24, 2007 at 2:30 p.m.
Bluff and Prairie Rooms, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg
Thursday, January 25, 2007 at 10:00 a.m.
Main Conference Room, DNR Wausau Service Center, 5301 Rib Mountain Road, Wausau
Thursday, January 25, 2007 at 3:00 p.m.
Room 185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kristin Turner at (608) 264-6276 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be an increase in costs and revenue to initiate this program.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Roy Zellmer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 1, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Kristen Turner, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
The Wisconsin Legislature passed
2005 Wisconsin Act 481 which took effect on June 14, 2006. This Act exempts boats from the need to pay a fee to be registered and issued a certificate of number when the boat is used exclusively as part of an advertisement being made for the manufacturer of the boat. The department is required under s.
30.52 (3g) (a), Stats., to promulgate rules for the issuance of a free certificate of number for such boats. The proposed rule will establish the procedure for applying for and issuance of a free 15-day boat registration/certificate of number.
In addition, this rule creates three new definitions to clarify terms used in ch.
30, Stats. The terms are: “lifeboat", safe carrying capacity" and “recommended number of persons". Clarification of these terms will reflect how they have traditionally been interpreted and enforced by the department and will assist the public in understanding the law.
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. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
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:
Wednesday, January 24, 2007 at 10:00 a.m.
Room 151, Waukesha State Office Building, 141 NW Barstow St., Waukesha
Wednesday, January 24, 2007 at 2:30 p.m.
Bluff and Prairie Rooms, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg
Thursday, January 25, 2007 at 10:00 a.m.
Main Conference Room, DNR Wausau Service Center, 5301 Rib Mountain Road, Wausau
Thursday, January 25, 2007 at 3:00 p.m.
Room 185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kristin Turner at (608) 264-6276 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be an increase in costs for this program.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Roy Zellmer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 1, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Kristen Turner, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.089 (3) and
29.177 (3m), Stats., interpreting ss.
29.014,
29.024 (6),
29.089 (3),
29.173 (3),
29.177 and
29.181, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 10, Wis. Adm. Code, relating to deer hunting season and permit issuance regulation changes. Part of the 2006 deer rule package that was implemented this fall was the result of a Joint Committee for Review of Administrative Rules (JCRAR) motion requesting that the Department agree to a 1-year experiment with the antlerless only December 4-day gun deer hunt north of Hwy. 8. As a result, the 4-day antlerless only December gun deer hunt starting the second Thursday after Thanksgiving in Deer Management Units north of Hwy. 8 was limited to a 1-year trial in 2006. In order for the December gun hunt to continue in those Deer Management Units beyond 2006, the Department must modify the rule.
The Department will hold public hearings on removing the 1-year sunset on this December deer hunt for the fall of 2007. This does not mean the decision has been made. The Department will hold public hearings and collect and analyze data this winter before making a recommendation for final adoption. The rule process requires that the rule be initiated before the 2006 December 4-day antlerless gun deer hunt occurs.
The rule language authorizing the special youth gun deer hunt event is modified to clarify Earn-a-buck and CWD tagging requirements during the event.
