Rule-Making Notices (Hearing Notices)

Federal and Surrounding State Programs

Most animal health regulations are adopted and administered at the state level. However, the United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports into the state. States certify the disease status of certain herds, at the request of herd owners, to facilitate interstate movement of animals from those herds. States also license and regulate entities such as animal markets, animal dealers and animal truckers (regulations vary by state). Wisconsin's livestock premises registration program is a leading program in the nation and has provided a model for proposed federal programs.

State regulation of interstate animal movement is generally consistent with federal standards. However, states may impose additional import requirements if those requirements are reasonably designed to prevent the spread of disease. Wisconsin's current rules related to livestock premises registration are consistent with the federal system for registering livestock premises, although the federal program is voluntary. Premises registration is the foundation of the federal traceability law, which is scheduled to go into effect in 2012. This federal law has minimal requirements for interstate movement of livestock.

Surrounding state animal health programs are generally comparable to those in Wisconsin. However, disease regulations and control programs may reflect differences in animal populations, animal-based industries, and disease threats in the different states.

•   Minnesota has mandatory livestock premises registration for farm-raised cervids and voluntary livestock premises registration for all other livestock. Any keeper of livestock can register. Information is updated if the producer provides the information.

•   Iowa has voluntary livestock premises registration.

•   Michigan has mandatory livestock premises registration for cattle. Cervids and aquaculture are required to be licensed by the Michigan Department of Natural Resources, and this includes a premises registration. All other livestock may be registered voluntarily. There is no specific renewal requirement for premises registration.

•   Illinois has voluntary livestock premises registration. There is no renewal of premises registration.

•   Indiana has mandatory livestock premises registration for cattle, sheep, goats, swine, bison and farmed cervids. Horses, aquaculture and poultry may register voluntarily. Renewal of premises registration is voluntary.

Summary of Factual Data and Analytical Methodologies

DATCP is relying on information obtained from certain religious communities, as well as staff expertise on animal disease control, to create a limited exemption to the livestock premises registration program. DATCP is extrapolating from costs of existing DATCP license and registration programs to determine a method of cost savings in the administration of the livestock premises registration program.

Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

No specific documents were used.

Effect on Small Business

This rule will have a positive effect on the expansion of small businesses. Those individuals who may have religious objections to the premises registration requirement can obtain an exemption to registration under this rule and be eligible for business licensure for which premises registration is a prerequisite, e.g., deer farms or animal market operations.

This change of the due date to register premises from December 31 to July 31 and the elimination of staggering the due dates will have no negative impact on businesses because there is no fee to register, regardless of the date the registration is due. (See attached Business Impact Analysis).

Fiscal and Economic Impact Analysis

See the attached Fiscal Estimate and Economic Impact Analysis.

DATCP Contact

Questions and hearing comments related to this rule may be directed to:

Paul J. McGraw, DVM

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911, Madison, WI 53708-8911

Telephone [phone]

Email: [e-mail]

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
ATCP 17
Subject
Livestock Premises Registration
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
GPR FED PRO PRS SEG SEG-S			20.155(2j) and (2(ha)
Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		X Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? Yes X No
Policy Problem Addressed by the Rule
General Livestock premises registration is mandatory in Wisconsin so that state officials would know where susceptible species of livestock are located in the event of an animal disease outbreak. Animal disease is potentially a risk to all livestock and to public health, regardless of the size of the operation. Therefore, when the rules were implemented for this program, no exemptions were granted for any keepers of livestock. Since implementation of this program, a county circuit court judge ruled that an Amish farmer does not have to register his livestock premises due to firmly held religious beliefs opposing livestock premises registration. This proposed rule creates a limited exemption for keepers of livestock from the premises registration requirement, providing that they belong to a recognized religious group that has firmly held religious beliefs opposing livestock premises registration law under Wis. Stat. s. 95.51 and Wis. Adm. Code ch. ATCP 17. They would still be required to provide the state with similar information that is required to register their premises, but the department would keep the information in a separate location. DATCP is also proposing to change the expiration date of registered premises from the third December 31 from the date the registration is issued to every July 31 after July 31, 2013, in order to streamline the renewal process and for the department and to move the registration date to a time of the year where temporary employees should be available to assist with the renewal process.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Businesses and Business Sectors This proposed rule will allow keepers of livestock whose religious groups have firmly held religious beliefs opposing livestock premises registration under Wis. Stat. s. 95.51 and Wis. Adm. Code ch. ATCP 17 to apply for an exemption to the registration. If the exemption is granted, then the keeper of livestock would be allowed to obtain a livestock-related license issued by DATCP without first being required to register their premises. This rule will likely increase the number of deer farm, animal markets, fish farms, or other livestock operations issued by the department. DATCP expects minimal implementation costs. Local Governmental Units These revisions will have no fiscal effect on state or local government. Public Utility Rate Payers The rule will have no impact on public utility rate payers as a group. State's Economy This rule will not adversely affect the economy, productivity, jobs or the economic competitiveness of the state. It may increase the number of certain livestock-related businesses as a result of the religious exemption. Economic Impact Analysis Comments DATCP posted the proposed rule online and sought comments from businesses and the public about the potential economic impact of the rule. The department did not receive any comments about the potential economic impact of the rule.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
If DATCP does not provide exemptions to the livestock premises registration, the rule will stay the same and some individuals may not enter livestock-related businesses that require licenses issued by the department.
Long Range Implications of Implementing the Rule
Overall, this rule continues to provide for disease control and prevention for the benefit of the entire livestock and aquaculture industry. This rule will improve flexibility for individual businesses, including small businesses. Overall, this rule has no adverse impacts on small business because there is no fee to register in the premises program or to apply for the religious exemption.
Compare With Approaches Being Used by Federal Government
Most animal health regulations are adopted and administered at the state level. However, the United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. USDA developed the nationally unique premises identification and issue the premises code. While USDA does not require all livestock producers to register premises, they do support livestock premises registration. USDA does not have any rules that would conflict with Wisconsin exempting certain premises from registration.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)

General Surrounding state animal health programs are broadly comparable to those in Wisconsin, but there are differences. Disease regulations and control programs may reflect differences in animal populations, animal-based industries, and disease threats in the different states •   Iowa has voluntary livestock premises registration. There is no renewal of premises registration. •   Minnesota has mandatory livestock premises registration for farm raised cervids and voluntary livestock premises registration for all other livestock. Any keeper of livestock can register, there is no required renewal. Information is updated if the producer provides the information. •   Michigan has mandatory livestock premises registration for cattle. Cervids and aquaculture are required to be licensed by the Michigan DNR and this includes a premises registration. All other livestock may be registered voluntarily. There is no specific renewal requirement for premises registration. •   Illinois has voluntary livestock premises registration. There is no renewal of premises registration. •   Indiana has mandatory livestock premises registration for cattle, sheep, goats, swine, bison and farmed cervids. Horses, aquaculture and poultry may register voluntarily. There is no required renewal of premises registration.

Name and Phone Number of Contact Person

Paul J. McGraw, DVM; Telephone: [phone]

Notice of Hearing

Natural Resources

Environmental Protection — General, Chs. NR 100—

Environmental Protection — Investigation & Remediation of Environment, Chs. NR 700—

rulemaking_notices CR 12-023 CR 12-023

NOTICE IS HEREBY GIVEN That pursuant to ss. 227.16 and 227.17, Wis. Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing to consider the proposed revisions of Chapters NR 169 and NR 700 to 754 relating to the investigation and cleanup of Brownfield's and other contaminated properties on the date(s) and at the time(s) and location(s) listed below.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN THAT the hearing will be held on:

Date:   Tuesday, May 1, 2012

Time:   1:00 pm.

Location:   Room F105, GEF I
  Division of Workforce Development
  201 E. Washington Avenue
  Madison, WI 53703

Date:   Wednesday, May 2, 2012

Time:   1:00 p.m.

Location:   Room 151, State Office Building
  141 NW Barstow Street
  Waukesha, WI 53188

Date:   Tuesday, May 15, 2012

Time:   1:00 p.m.

Location:   Lake Michigan Room,
  Northeast Region DNR Office
  2984 Shawano Avenue
  Green Bay, WI 54313

Date:   Wednesday, May 16, 2012

Time:   10:00 a.m.

Location:   Room 1, Northern Region DNR Office
  107 Sutliff Avenue, Rhinelander WI, 54501

Date:   Thursday, May 17, 2012

Time:   10:00 a.m.

Location:   Room 185, West Central Region DNR Office
  1300 W. Clairemont Avenue
  Eau Claire, WI 54702

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Mark Gordon at the Department of Natural Resources, Bureau for Remediation and Redevelopment (RR/5), 101 S Webster, Madison, WI 53703 either by e-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and the fiscal estimate and Economic Impact Analysis

The proposed rule and supporting documents, including the fiscal estimate and economic impact analysis, may be viewed and downloaded at: http://dnr.wi.gov/topic/Brownfields/Laws.html. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate and economic impact analysis, may be obtained free of charge by contacting Mark Gordon, Department of Natural Resources, Bureau for Remediation and Redevelopment (RR/5), 101 S. Webster St, Madison, WI, 53703, or by calling [phone].

Submitting Comments

Comments on the proposed rule must be received on or before Thursday May 31, 2012. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Mark Gordon

Department of Natural Resources

Bureau for Remediation and Redevelopment (RR/5)

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet:   Use the Administrative Rules System Web site (requires registration) at:

  https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=10384

Analysis Prepared by the Department of Natural Resources

Statutes interpreted

In promulgating these rules, chs. 227, 281, 287, 289, 291 and 292, Stats. have been interpreted as authorizing rule revisions.

Statutory authority

Sections 227.11 (2) (a), 281.19 (1), 287.03, 289.05, 289.06, 291.05 (6) (f), 292.11 (5), 292.11 (7) (d), 292.12 (2) (c), 292.13 (3), 292.15 (2) (a), 292.15 (2) (ae), 292.15 (5), 292.31 (2), 292.41, 292.65, 292.68 (11), and 292.94, Wis. Stats.

Explanation of agency authority

Section 227.11 (2) (a) allows the Department to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.

Section 281.19 (1) allows the Department to issue orders and to adopt rules for the construction, installation, use and operation of systems, methods and means for preventing and abating pollution of the waters of the state, after an opportunity to be heard has been provided to interested parties.

Section 287.03 (1) (a) requires the Department to promulgate rules necessary to regulate solid waste management and disposal.

Section 289.05 requires the Department to promulgate rules establishing minimum standards regarding solid waste facilities and the closure, long term care, and maintenance of such facilities, and establishing standards for the reuse of high volume industrial waste.

Section 289.06 requires the department to promulgate rules that are consistent with and implement the provisions of ch. 289, Wis. Stats. (solid waste facilities), and ss. 292.31 (remedial action – environmental repair) and 292.35 (remedial action – local governmental unit negotiation and cost recovery).

Section 291.05 (6) (f) requires the Department to adopt rules which prescribe requirements for corrective actions under s. 291.37, Wis. Stats. (response actions to address hazardous or solid waste)

Section 292.11 (5) requires the Department to establish by rule, criteria and procedures for the development, establishment and amendment of a contingency plan for the undertaking of emergency actions in response to the discharge of hazardous substances.

Section 292.11 (7) (d) allows the Department to negotiate and enter into agreements for conducting nonemergency actions with a responsible party if the discharge does not endanger public health, and with a local governmental unit in certain cases; and allows the Department to charge fees in accordance with promulgated rules to offset costs of negotiating and entering into agreements, and to refer violations of these agreements to the Department of Justice for enforcement.

Section 292.12 (2) (c) requires the Department to promulgate rules to identify limitations or conditions that may be imposed, related to residual contamination at a property, to ensure that conditions remain protective of public health, safety, welfare and the environment, and as applicable to promote economic development. These statutory changes were passed in 2006. The changes repealed the use of deed restriction to enact continuing obligations, replacing deed restrictions with approval letters when continuing obligations were imposed to address residual contamination. These approvals are issued either at the time of closure or remedial action plan approval, or when the department directs an action be taken by a local governmental unit or economic development corporation.

Section 292.13 (3) allows the Department to assess and collect fees in accordance with promulgated rules, to offset the costs of issuing determinations concerning liability.

Section 292.15 (2) (a) and (ae) define when voluntary parties are exempt from provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8) and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from a property, and with respect to the use of natural attenuation, under certain, specified conditions. In order to obtain the liability exemption, the voluntary party must meet certain criteria, including conducting a cleanup in accordance with rules promulgated by the Department, maintaining and monitoring the property as required under rules promulgated by the Department.

Section 292.15 (5) allows the Department to assess and collect fees from a voluntary party to offset the cost of the Department's activities, in accordance with promulgated rules.

Section 292.31 (2) requires the Department to promulgate rules relating to investigation and remedial action for sites or facilities and other properties at which the air, land, or waters of the state have been affected by the discharge of a hazardous substance or other environmental pollution.

Section 292.41 requires the Department, in consultation with other affected federal, state and local agencies and private organizations to adopt rules and procedures for the development, establishment and amendment of a contingency plan for the taking of emergency actions in relation to abandoned containers.

Section 292.65 (3) requires the Department to promulgate rules to administer the dry cleaner environmental response program.

Section 292.94, Wis. Stats., requires the Department to promulgate rules regarding fee assessment and collection, and allows the Department to assess and collect fees from those subject to an order or other enforcement action for a violation of s. 292.11or 202.31 to cover costs incurred by the Department in regard to an environmental investigation or cleanup that the party was required to conduct.

Section 299.45 (7) requires the Department to adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs.

Related statute or rules

Chapter NR 169, Dry Cleaner Environmental Response Program, is also being revised, as a result of repealing ch. NR 710.

Plain language analysis of the proposed rules