Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 95-17)
Ch. ATCP 29 - Pesticide worker protection and pesticide application site posting.
Summary of Final Regulatory Flexibility Analysis:
Types of businesses that will be affected by the rule change.
Any owner or employer of any agricultural establishment that uses pesticides whose label requires both posting and oral notification would be affected by this rule.
Reporting, record keeping and other procedures required for compliance with the rules.
Posting of Treated Areas:
Under the new federal Worker Protection Standards (WPS), all agricultural pesticides must be labeled with a restricted entry time interval. An employer may not allow workers to enter a treated area until the restricted entry interval has expired. In order to prevent workers from entering a treated area, an employer must orally warn the workers or post warning signs at entrances to the treated areas. Labels for acutely toxic pesticides require “dual notice” to workers, including both posting and oral warnings.
This rule changes current state posting requirements for agricultural pesticide applications, so that posting is required for agricultural pesticides labeled with a “dual notice” requirement. This rule retains current posting requirements for all nonagricultural pesticide applications (e.g., structural and lawn care applications).
This rule change current state standards for warning signs, other than lawn care signs. The new warning signs must be at least 8 1/2” by 11” in size. Sites subject to the WPS must be posted according to the WPS. Other sites where posting is required may be posted with either a WPS sign, or a non-WPS sign as specified in the rule. The non-WPS sign specification are flexible to allow incorporation with other warning signs required for chemigation sites or no trespassing signs.
Under this rule, posting would be required whenever:
Posting is required under the federal worker protection standards.
The pesticide label requires “dual notice” to agricultural workers and the application site is located within 100 feet of a public road or within 300 feet of a residence, migrant labor camp, school, day care facility, health care facility, commercial or industrial facility, public recreation area or other nonagricultural area routinely frequented by humans.
The area is treated with a nonagricultural pesticide whose label specifies a time interval for safe reentry.
The pesticide label requires that the treated area be posted.
Under this rule, sites subject to the WPS must be posted with WPS warning signs not more than 24 hours before an application occurs and must be covered or removed no more than 3 days after the restricted entry interval has expired. Other sites where posting is required may be posted with either WPS signs or non-WPS signs. If WPS signs are used they must be posted and removed as indicated above. If non-WPS signs are used they must be posted prior to the pesticide application and can remain posted indefinitely.
Agricultural Emergencies; Early Entry
Under WPS, states may declare a situation to be an “agricultural emergency” where worker entry is allowed to carry out certain tasks during restricted entry intervals. The rule defines “agricultural emergencies” and establishes conditions that must be met prior to allowing early entry.
This rule serves as a generic “declaration of emergency.” If the emergency conditions specified in this rule are met, no further state agency declaration is needed in order for an agricultural employer to allow early entry of workers into a treated area. However, even in an “agricultural emergency,” the early entry must comply with federal worker protection standards which are incorporated by reference in this rule.
Under this rule, if agricultural workers enter a treated area in response to an “agricultural emergency”, the agricultural employer must provide a written report of early entry to DATCP.
Safety Training:
Under the WPS, pesticide safety training is required for agriculture workers and pesticide handlers. Training must comply with minimum standards, and must be provided by an approved trainer. This rule establishes minimum qualifications for provided by an approved trainer. This rule establishes minimum qualifications for approved trainers. It also requires agricultural employers, handler employers and trainers to keep specified training records.
Types of professional skills necessary for compliance with the rules.
No additional skills beyond the pesticide applicator certification currently required under ch. ATCP are needed.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Transportation, Agriculture and Local Affairs on September 26, 1995 and to the Assembly Committee on Agriculture on October 10, 1995. the department received no formal comments from either committee.
2.
Agriculture, Trade & Consumer Protection
(CR 95-60)
Chs. ATCP 10 & 11 - Animal diseases and animal movements.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule modified current animal health rules related to bovine animals (cattle and American bison), cervidae (e.g., captive deer and elk), goats, south American camelidae (e.g., llamas) and swine. This proposed rule also modifies current disease reporting requirements and clarifies health documentation for animals imported to consignment sales. Specific portions of the rule covering reduced testing and a cervidae tuberculosis program will impact businesses within the state. The majority of the proposed rule modifies current procedures to agree with changes in the federal disease control programs and does not materially affect small businesses.
Reduced Testing for Brucellosis and Tuberculosis
The reduction of test for brucellosis will result in about 40,000 fewer tests to be run by the Wisconsin Animal Health Laboratory (WAHL) and a similar number of samples would not have to be drawn by private veterinarians. Assuming an average fee of $7.50 for the veterinarian and $.50 for the WAHL, Wisconsin veterinarians would lose about $300,000 in fees, and the WAHL would lose about $20,000 in program revenues. The livestock owners would save $320,000 per year from this change.
Tuberculosis Program for Cervidae
The proposed rule provides opportunities for a cervidae (deer or elk) grower to have his or her herd tuberculosis status certified. This certification requires certain tuberculosis testing schedules depending on the level of certification. Since this is a voluntary program, it is assumed that those producers who elect to participate do so from some economic or business advantage.
Summary of Comments from Legislative Committee:
The rule was referred to the Senate Committee on Transportation, Agriculture and Local Affairs on October 25, 1995, and to the Assembly committee on Agriculture on October 27, 1995. the department received no comments from either committee.
3.
Agriculture, Trade & Consumer Protection
(CR 95-104)
ATCP Code - Nonsubstantive rule organization and drafting changes.
Summary of Final Regulatory Flexibility Analysis:
This rule will have no effect on small business.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Transportation, Agriculture, Local and Rural Affairs on October 4, 1995 and to the Assembly Committee on Agriculture on October 11, 1995. The department received no comments or request for hearing from either committee.
4.
Agriculture, Trade & Consumer Protection
(CR 95-112)
Ch. ATCP 136 - Recovering, reclaiming, recycling and selling refrigerant used in mobile air conditioners or trailer refrigeration equipment.
Summary of Final Regulatory Flexibility Analysis:
This rule repeals and recreates ch. ATCP 136, Wis. Adm. Code, Mobile Air Conditioners, to reflect statutory changes under 1991 WI Act 97 and 1993 WI Act 243. The rule ensures greater consistency with recent federal regulations adopted under the 1990 Clean Air Act Amendments, and reorganizes and clarifies current rules regulating businesses engaged in the repair and servicing of mobile air conditioners. The rule interprets ss. 100.45 and 100.20, Stats., based upon statutory authority granted under ss. 93.07(1), 100.20(2) and 100.45(5)(a), Stats.
The goal of DATCP's mobile air conditioner program is to prevent, to the greatest extent possible, the release of ozone-depleting refrigerants into the environment during service and repair of automotive air conditioning and trailer refrigeration systems. Under this program, the Department regulates the recovery, recycling and sale of ozone-depleting refrigerants and their substitutes to ensure that refrigerants are properly recovered and recycled, prevent misrepresentations in the sale of refrigerants, and protect businesses and consumers from contaminated refrigerants.
Overall Effect on Small Businesses
Many businesses that service, install and repair mobile air conditioners and trailer refrigeration equipment are small businesses with fewer than 25 employees. This rule requires businesses engaged in regulated activities to purchase certified recovery/recycling equipment in order to handle refrigerants. Equipment must meet federally approved standards. The equipment varies in price, depending upon its refrigerant recovery and recycling capabilities. Typically, equipment can cost from $800 to $4,500.
This rule also requires technicians employed by regulated businesses to complete approved training programs. Training costs also vary, and range from $10 to $60, depending upon the program sponsor, program length and course materials.
Each business that repairs or services mobile air conditioners or trailer refrigeration equipment, or recycles used refrigerant, must register with the department and pay an $80 annual fee per business location. This fee is unchanged by this rule. However, the rule imposes a $160 registration fee surcharge for businesses that are found operating without a valid registration certificate.
Under this rule, technicians will be registered with the Department as part of the ongoing annual business registration process. No additional fees will be charged for this technician registration process. More than 10,000 technicians are currently employed in businesses registered with the Department.
Equipment and Training Requirements
There is no practical way to lessen equipment or training requirements for small businesses without significantly undermining the effectiveness of the program. Equipment standards which are incorporated in the rule are based on national industry standards, consistent with state and federal law. Equipment standards are essential to ensure safe and proper handling and storage of refrigerants, as well as protect businesses and consumers from equipment and MVAC system damage due to refrigerant cross-contamination.
Training is essential to ensure that technicians use equipment properly and follow the requirements of state and federal law. Motor vehicles are the single largest source of chlorofluorocarbon emissions in the U.S. Relaxed standards for small businesses could result in a significant increase in refrigerant released to the atmosphere, and also pose the risk of placing Wisconsin businesses in noncompliance with federal regulations.
Likewise, the regulatory approach of registering businesses has proven to be an efficient and cost effective means of ensuring compliance with approved equipment standards, technician training requirements, and overall program compliance.
Small businesses have been given considerable regulatory flexibility under this rule. No business is required to perform service or repair of mobile air conditioners or trailer refrigeration equipment. Businesses that choose to engage in regulated activities may invest in less expensive recovery-only equipment or more expensive recycling equipment. The rule also recognizes a common repair business repair option to contract specific functions related to the recovery and recycling of refrigerants to regulated businesses.
Business Registration Fees
Current business registration fees are set at a flat $80 per year regardless of the size of the business. This rule maintains this fee structure. The flat fee simplifies the registration application and renewal process, and is relatively small compared to annual business revenues for air conditioning service and repair work.
In developing this rule, the department considered a variable fee structure based on the number of certified technicians in a shop. The intent was to provide a reduction in fees for some smaller businesses, many of which employ three or less certified technicians. In order to provide any appreciable reduction in registration fees for smaller shops and still maintain adequate program revenues, a business registration fee was considered which was based on a $10 charge per year per technician. This provided a small break of $15-$25 for 1,400 shops, but fees approaching $700 per year for many larger businesses. Roughly 70 shops would have seen their fees increase by more than $100.
This fee hike for larger businesses could not be justified based on compliance rates. Experience has shown that most staff time is spent, and most compliance problems arise, in smaller shops. The current $80 fee is small relative to the total charges for air conditioning work by repair and servicing shops, and is small compared to the investment in equipment. Therefore, department staff concluded that the current annual registration fee is the most appropriate approach.
Record Keeping Requirements
The rule creates certain record-keeping requirements for repair businesses and refrigerant suppliers. The rule provides considerable flexibility to businesses in terms of how the information is kept. In most cases, work orders, purchase records or sales records may be used to comply with record-keeping requirements. These are types of records that are already maintained by businesses. In other cases, a simple repair log will suffice. The rule also recognizes repair order forms and invoices used by the automotive repair industry throughout the state to comply with ch. ATCP 132, Wis. Adm. Code, relating to motor vehicle repair. The rule was also revised to reduce these record-keeping requirements from three years to two years. Therefore, the rule does not impose any significant paperwork requirements on small businesses.
Summary of Comments:
The rule was referred to the Senate Committee on Transportation, Agriculture and Local Affairs on November 22, 1995, and to the Assembly Committee on Environment and Utilities on November 29, 1995. The Department received no comments from either committee.
5.
Chiropractic Examining Board
(CR 95-4)
Ch. Chir 5 - Requirements for continuing chiropractic education for chiropractors, and specifying criteria for approval of programs for continuing education credit.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. HSS 343 - Youth aftercare conduct and revocation.
Summary of Final Regulatory Flexibility Analysis:
These rules will not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules apply to the Department, to county departments of social services and human services and to youth on aftercare supervision following their release from juvenile institutions.
Summary of Comments:
No comments were reported.
S. HSS 110.145 - Qualifications of ambulance service medical directors.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses. Fewer than 25 of the 400 or so ambulance service companies in the state providing services beyond basic life support are small businesses. The qualifications established in the rules are minimal. One of the two is already met by all current medical directors. The other is not burdensome.
Summary of Comments:
No comments were reported.
8.
Industry, Labor & Human Relations
(CR 95-172)
Ch. ILHR 272 - Minimum wage.
Summary of Final Regulatory Flexibility Analysis:
