The department is committed to development of a process to rescind atrazine prohibition areas where renewed atrazine use will not result in groundwater contamination above the enforcement standard. The rule has been modified to eliminate Prohibition Area (PA) 96-22-01. The department has also begun the review of existing and proposed prohibition areas and will report the findings of this review to the Assembly Committee on Agriculture.
2.
Agriculture, Trade & Consumer Protection
(CR 95-167)
Ch. ATCP 70 - Food processing plants.
Summary of Final Regulatory Flexibility Analysis:
This rule interprets s. 97.29, Stats., which regulates food Processing Plants. The rule relates to a wide range of wholesale food processing businesses engaged in canning and freezing fruits and vegetables, fish processing, baked goods, bottled water, beer and soda water beverages as well. There are a large number of highly technical, large food processing plants as well as a rapidly growing number of small scale wholesale food processors.
The rule has been updated to reflect today's current practices relating to the processing and packaging of fish and fish products, including caviar. The minimum processing requirements in the existing rule, such as cooking and smoking temperatures for smoked fish, minimum salt levels, and not allowing the use of reduced oxygen packaging technology, have put Wisconsin at a marketing disadvantage. Although there is a growing domestic and foreign market for Great Lakes caviar, the current rule does not address the processing of fish roe.
The rule requires fish processing plants to operate under a hazard analysis critical control point (“HACCP”) plan. Under a HACCP plan, an operator prevents food safety hazards by monitoring and controlling food safety variables at critical control points during the production process. This rule may pose some additional costs on small businesses processing fish or fish products to comply with the HACCP requirements. Developing and implementing an initial HACCP plan will be approximately $2,000 and the annual costs of monitoring a HACCP plan may be about $1,500.
The federal Food and Drug Administration (FDA) has recommended that state regulatory agencies mandate a HACCP system for fish processors. Furthermore, wholesale buyers of processed fish and fish products, as well as buyers of other processed food products, are in rapidly increasing numbers, requiring in purchase specifications that vendors operate under a HACCP plan.
The impact on other rule changes on small businesses is negligible. It will not be necessary for licensed food processing establishments to retain additional professional services such as accounting or legal services to comply with this rule.
Summary of Comments by Legislative Committees:
The notice, report and rule was submitted in triplicate to the Senate and Assembly records Offices on December 21, 1995. The rule was submitted to the Senate Committee on Transportation, Agriculture and Local Affairs on December 27, 1995. On January 2, 1996, the rule was referred to the Assembly Committee on Consumer Affairs. The department received no comments or request for hearing from either committee.
Ch. HSS 86 - Appeal by a county of an independent professional review determination that a resident of a state center for the developmentally disabled from that county is appropriate for community care.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to the Department and to county departments of developmentally disabilities services under s. 51.437, Stats. The rules will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Chs. HSS 108, 152 to 154 - Estate recovery under the community options and disease aid programs.
Summary of Final Regulatory Flexibility Analysis:
These rules will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules will affect some heirs and other beneficiaries of the estates of some persons who receive certain publicly funded health care services or some heirs and other beneficiaries of the estates of the surviving spouses of those persons.
Summary of Comments:
No comments were reported.
5.
Industry, Labor & Human Relations
(CR 95-148)
Ch. ILHR 145 - Active fresh perishable fruit and vegetable processing seasons.
Summary of Final Regulatory Flexibility Analysis:
A final regulatory flexibility analysis is not required. This rule will not have any economic impact on small business.
Summary of Comments of Legislative Standing Committees:
No comments were received.
Chs. Med 10 & 21 - Requirements for patient health care records.
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.
Chs. Opt 3 to 7 - Examinations, continuing education and late renewal.
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. PSC 160 - The provision of universal telecommunications service and the establishment of a universal service fund.
Summary of Final Regulatory Flexibility Analysis:
These proposed universal service rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats. The agency has considered the methods in s. 227.114 (2), Stats., for reducing the impact of the rules on small telecommunications utilities and finds that incorporating all but a few of these methods into the proposed rules would be contrary to the statutory objectives which are the basis for the proposed rules.
The Commission has, in s. PSC 160.061 (1), exempted from participation in the Link-Up America Program small telecommunications utilities with low service ordering and connection charges and, in s. PSC 160.062 (1), exempted from participation in the Lifeline Program small telecommunications utilities with low monthly local service rates.
The Commission has allowed an implementation schedule for data transmission capabilities in s. PSC 160.031, to reduce the cost that would be imposed by immediate implementation of the requirement. It has also allowed a slower implementation of blocking for Extended Community Calling to allow time for compliance which will reduce the impact of the requirement on small telecommunications utilities.
The Commission also established a universal service fund assessment exemption policy in s. PSC 160.18 (1) (a) that protects the entry and continuation of small telecommunications providers as directed in the statutory objectives.
The Commission finds that the universal service policies and programs and the processes to administer and fund them as set forth in this chapter are in the public interest for all telecommunications utilities in the state.
Summary of Comments:
No comments were reported.
Ch. Trans 131 - The motor vehicle inspection and maintenance program.
Summary of Final Regulatory Flexibility Analysis:
These changes will not have a significant effect on any small businesses located within the seven county I/M area.
Certain entities such as automobile repair facilities, automobile and truck dealerships, and automotive tool manufacturers are indirectly affected by I/M program requirements. There are no special compliance or reporting requirements placed on these small businesses and the effect, in most part, should be positive rather than negative. A report, Employment Effects of Shifting to Enhanced Inspection and Maintenance Programs in Selected Areas, prepared by Booz, Allen & Hamilton for the Coalition for Safer Cleaner Vehicles in June, 1992, estimates that implementing enhanced I/M programs in 74 areas of the country will result in an increase of 8,420 jobs, $666 million in repair sales, and more employment in the I/M industries in every state.
Some small businesses, fleet operations with testable vehicles between 8,000 and 14,000 pounds gross vehicle weight, for example, that previously have not been affected by I/M will be required to have vehicles inspected under enhanced I/M. Every effort has been made to draft this rule according to s. 227.114 (3), Stats., to reduce the impact on small business and still meet statutory objectives.
Summary of Comments:
No comments were reported.
Ch. Trans 310 - Child restraint standards.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses.
Summary of Comments:
No comments were reported.
E x e c u t i v e O r d e r s
The following is a listing of recent Executive Orders issued by the Governor.
Executive Order 275. Relating to the Temporary Evacuation of Residents of Long Term Care Facilities as a consequence of the State of Emergency in Waupaca County.
Executive Order 276. Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Edmund Sixtus Muskie, Former Secretary of State of the United States of America.
Executive Order 277. Relating to Amending Executive Order #262 and the Creation of the Commission on Reform of the State's Human Resource System.
Statement of Scope of Proposed Rules
Statement of Scope of Proposed Rules
Natural Resources:
A) Subject of administrative code action:
Management of certain hazardous wastes through interim guidance and subsequent development of revisions to chs. NR 600 through 685, HAZARDOUS WASTE MANAGEMENT.
B) Description of policy issues:
In May, 1995, US-EPA finalized the Universal Waste Rule (40 CFR 273). The rule allows generators of certain hazardous wastes (mercury thermostats, suspended/cancelled/recalled pesticides and consumer dry cell batteries) to manage these wastes in a less stringent manner, but one that is still protective of human health and the environment. The Department supported promulgation of the Universal Waste Rule and intends to incorporate these provisions along with other recently promulgated Federal rules into the chs. NR 600-- series shortly. The Department has received numerous requests from industry who desire to establish Universal Waste recycling programs in Wisconsin, as well as from generators and legislators for the Department to allow implementation of the rule as soon as possible; however, since the rule promulgation process in Wisconsin requires an extended period of time to complete, the Department is proposing to implement these new, less stringent standards through guidance. Approval of this guidance will allow Wisconsin's special waste generators to immediately implement the new standards.
Concurrent with preparation of the special waste guidance, revisions to chs. NR 600 through 685 will be drafted. The purpose of this rulemaking will be to incorporate changes in Federal hazardous waste regulations that have been promulgated since the last round of rule revisions. Most of these new Federal regulations must be incorporated into Wisconsin rules to maintain consistency with US-EPA and qualify for continued US-EPA authorization. The major rules that the Department intends to include in this package are briefly summarized:
♢ The first major rule involves a restructuring and simplification of the land disposal restriction (LDR) program. The LDR rules require treatment of hazardous wastes prior to land disposal.
♢ The second major rule expands the scope of the organic air emission standards for hazardous waste management activities. The new air standards apply to owners and operators of hazardous waste treatment, storage and disposal facilities, as well as large-quantity hazardous waste generators accumulating hazardous wastes in tanks or containers.
♢ The third major rule expands the public participation requirements for the siting of new or expanded hazardous waste management facilities.
♢ The fourth major rule is the Universal Waste rule which was previously discussed.
