Wisconsin atrazine regulations are stronger than those in adjacent states:
•
Iowa restricts atrazine application rates to 1/2 the federal label rate in 23 counties (7 with county-wide restrictions and 16 with restrictions in some townships).
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Minnesota has a program of voluntary use limitations when surface water or groundwater contamination exceeds a level of concern. This program suggests pesticide use restrictions or management practices to reduce surface water or groundwater contamination. To date, this program has not been implemented anywhere in Minnesota.
•
Illinois and Michigan have no atrazine regulations.
Data and analytical methodologies
This rule is based on groundwater sample results for atrazine and atrazine metabolites obtained from the affected areas during the past year. Groundwater samples contained atrazine contamination in excess of 3.0 ug/L (the state enforcement standard established by DNR groundwater rules under ch.
NR 140, Wis. Adm. Code).
Preliminary contamination findings were based on groundwater samples analyzed by the University of Wisconsin – Stevens Point. DATCP confirmed the existence of groundwater contamination, in excess of the state enforcement standard, based on DATCP analysis of groundwater samples collected by DATCP. DATCP collected and analyzed the samples using official collection and analytical methods.
Small Business Impact
This rule will affect four or five farmers, in the expanded prohibition areas, who currently use atrazine to control weeds in corn. Those farmers, who are “small businesses," will no longer be able to use atrazine. However, other effective weed control products are available, so the rule will not have a significant impact on the affected farmers. This rule may also have a slight impact on distributors and applicators of atrazine herbicides, crop consultants and equipment dealers, but the impact will not be significant.
This rule will not have a significant adverse impact on small business, and is not subject to the delayed small business effective date provided in s.
227.22 (2) (e), Stats.
Fiscal Estimate
Administration and enforcement of this rule will involve some new costs for DATCP. Staff time will be needed to monitor compliance (0.1 FTE, cost approximately $7,800). Compliance monitoring will be coordinated with current compliance monitoring activities. Soil sampling and testing may be used to monitor compliance, and may require an estimated $1,000 in analytical services.
Total costs are estimated at $8,800. DATCP expects to absorb these costs within its current budget. There will be no additional costs to any other state agencies or local governments.
Submission of Written Comments
DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until November 7, 2008 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email to
Rick.Graham@wisconsin.gov or online at
https://apps4.dhfs.state.wi.us/admrules/public/Home.
To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to
Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain free copies of the proposed rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-4502 or emailing
Rick.Graham@wisconsin.gov. Copies will also be available at the hearing. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/ admrules/public/Home.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Rick Graham
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4502
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (15),
101.149, and
101.63 (1), Stats., the Department of Commerce will hold a public hearing on proposed permanent rules and emergency rules under Chapters
Comm 21 and
62 relating to carbon monoxide alarms and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
October 14, 2008
10:00 a.m.
|
Conference Room 3B
Thompson Commerce Center
201 W. Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, use and maintenance of public buildings and places of employment and adopts rules that establish uniform, statewide standards for the construction of 1- and 2-family dwellings.
2007 Wisconsin Act 205 specifically directs the Department to address carbon monoxide alarms involving these types of buildings.
Related statute or rule
Administrative Rules: Chapters
Comm 60 to
66, Wisconsin Commercial Building Code, and Chapters
Comm 20 to
25, Uniform Dwelling Code.
Summary of rule
The rules establish minimum requirements for the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes, that reflect the statutory mandates of
2007 Wisconsin Act 205. Specifically, the rules would:
For new tourist rooming houses (cabins under the scope of Uniform Dwelling Code) (October 1, 2008), Comm 21.095
•
Require the installation of carbon monoxide alarms where any type of fuel burning appliances are installed.
•
Require the carbon monoxide alarms to be continuously powered by the building's electrical service with battery backups.
For new commercial buildings: (October 1, 2008)
•
Require the installation of carbon monoxide alarms where any type of fuel burning appliances are installed. Comm 62.1200 (2) (a)
•
Require the carbon monoxide alarms to be continuously powered by the building's electrical service with battery backups. Comm 62.1200 (2) (c)
For existing commercial buildings (Buildings existing on October 1, 2008 or reviewed and receiving department plan approval under the rules effective prior to October 1, 2008)
•
Require the installation of carbon monoxide alarms by April 1, 2010.
•
Do not dictate the type of power sources for the carbon monoxide alarms, thereby allowing batteries, electrical outlet plug-ins or wired to the building's electrical service.
•
Allow the omission of carbon monoxide alarms provided there are no attached garages and all of the fuel burning appliances are of sealed combustion type either under warranty or annually inspected for carbon monoxide emissions. Comm 62.1200 (2) (a) 4.
The rules require carbon monoxide alarms to be listed and labeled identifying conformance to UL 2034, Underwriters Laboratories Inc, Standard for Safety Single and Multiple Station Carbon Monoxide Alarms.
Under the federal Americans with Disabilities Act, ADA, and the federal Fair Housing Law certain carbon monoxide alarms may be required to have both audible and visual alarm features.
Owners of existing tourist rooming houses will need to install and maintain carbon monoxide alarms in accordance with s.
101.149 (2) and
(3), Stats., by April 1, 2010.
Comparison with federal regulations
An internet-based search of code of federal regulations and the federal register did not identify any federal requirements for the installation and maintenance of carbon monoxide alarms in residential buildings.
Comparison with rules in adjacent states
An Internet-based search of carbon monoxide alarm regulations for the states of Illinois, Iowa, Michigan and Minnesota found the following:
•
Illinois under Public Act 094-0741, the Carbon Monoxide Alarm Detector Act, has required the installation of carbon monoxide alarms in all occupancies and structures which have sleeping rooms since January 1, 2007.
•
Iowa requires the installation of carbon monoxide alarms in foster care facilities.
•
Michigan has not enacted any carbon monoxide alarm regulations at this time.
•
Minnesota statute, 299F.50, requires carbon monoxide alarms in all single family homes and multifamily apartments units; new construction as of January 1, 2007; existing single family homes as of August 1, 2008 and existing multi-family and apartment buildings as of August 1, 2009.
Summary of factual data and analytical methodologies
In developing the rules the Department reviewed the language of
2007 Wisconsin Act 205 in conjunction with the Department's broad authority under ss.
101.02 (15) and
101.63 (1), Stats., to protect public health and safety regarding the construction of public buildings, places of employment and one- and two- family dwellings to be used as tourist rooming houses. The current administrative rules for the installation of fire alarms (smoke detectors) were used as a model for these proposed rules pertaining to carbon monoxide alarms. The Department also analyzed the complexities of compliance under several scenarios where fuel burning appliances are added or replaced during the life of the building, such as residential condominiums.
Analysis and supporting documents used to determine effect on small business
The proposed rules implement mandates imposed by
2007 Wisconsin Act 205. The Act affects the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, bed and breakfast establishments, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, and home shelters. The department does not believe that the rules will increase the effect on small businesses over that imposed by the Act. Battery or plug-in type carbon monoxide alarms typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup ranges in from $65 to $85 and $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. Smoke alarms are currently required for residential occupancies. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.
An economic impact report has not been required to be prepared.
Small Business Impact
The rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by applicants who choose to pursue tax credits for dairy manufacturing modernization or expansion activities.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules implement mandates imposed by
2007 Wisconsin Act 205 regarding the installation and maintenance of carbon monoxide alarms. The Act affects the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, home shelters and bed and breakfast establishments.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no new reporting, bookkeeping and other procedures necessary for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
There are no new types of professional skills necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
The rules implement mandates imposed by
2007 Wisconsin Act 205 regarding the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes. The rules will not increase the department's revenue or cost with respect to administration or enforcement over that imposed by the Act.
The Act and the rules affect the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, home shelters and tourist rooming houses (rental cabins). The department does not believe that the rules will increase the effect on owners over that imposed by the Act. Battery or plug-in type carbon monoxide detectors typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup ranges in cost from $65 to $85 and $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.
