1. A “deductible” is only paid once for each discharge site because the cap is based upon a discharge site and not every time a discharge occurs. As a result, costs for cleaning up subsequent discharges at a site will be reimbursed at a rate of 80%. Prior to this change, subsequent discharges could only be reimbursed at a rate of 50%.
2. In the past, the $100,000 cap could only be exceeded if groundwater remediation was ordered for a specific discharge. The $100,000 cap is still in effect for each discharge, but in the future, the $1 00,000 cap can be exceeded if approved by the department prior to incurring costs.
· Additional reimbursement for transportation-related spills can be received. Transportation-related spills were each treated individually in the past and thus, each was required to pay a separate deductible. Because of this, many claims for these spills did not get submitted. The proposed language for transportation spills does not require small businesses to pay a separate deductible and thus allows more of these costs to be reimbursable in the future, subject to the $400,000 limit for the site from which the product was distributed.
One change included in ch. ATCP 35 which is not the result of statutory changes is to reimburse responsible persons a reasonable rate for the use of their own equipment if it was used to cleanup contamination. This will allow small businesses to get reimbursed for using their own equipment rather than hiring another contractor or renting equipment to complete the job and should provide small businesses with additional cost savings at no added expense to the state.
Alternative Options Considered
The department considered several options for the requirement of a dry fertilizer loading pad. Not requiring dry fertilizer loading area-containment is not a viable option based on the cost of cleaning up fertilizer contamination from the chronic discharges. Alternate options could require that a permanent mix/load surface constructed of concrete or asphalt, or that a permanent structure constructed of steel or wood be installed or constructed to contain all dry fertilizer released during loading or unloading. The department feels that a permanent surface or structure is a more sound way of limiting fertilizer discharges to the environment, but the department also realizes that such a requirement could create a serious hardship for small businesses. Therefore, the proposal allows the use of a tarpaulin which would contain and allow for the recovery of all dry fertilizer spilled during dry fertilizer loading or unloading operations. The department also considered prohibiting the use of clay or soil liners for fertilizer secondary containment structures. This prohibition has been proposed for pesticide secondary containment structures because there are no known facilities in Wisconsin that use a soil liner for pesticide secondary containment purposes and because pesticide manufacturers do not view soil liners as acceptable for pesticide secondary containment purposes. However, for liquid bulk fertilizer, prohibiting the use of soil liners could cause serious hardships for some businesses that currently use them. For small businesses, prohibition of soil liners would require that a completely new secondary containment structure be constructed at an estimated minimum cost of $10,000 to $12,000. The estimated cost of the current proposal for testing and recompaction is significantly less than the cost of building a completely new containment structure.
Most of the fiscal impacts for small businesses contained in revisions to ch. ATCP 35, Wis. Adm. Code, are costs savings and are a result of implementing statutory changes. No alternatives were considered.
Summary of Comments from Legislative Committees:
On June 3,1998, the department referred the rule changes to the Senate Committee on Transportation, Agriculture and Rural Affairs. On June 10, 1998, the department referred the rule changes to the Assembly Committee on Agriculture. We received no comments from either committee.
Chs. Comm 51 and ILHR 57, 66 - Uniform multifamily dwellings, and building and heating, ventilating and air conditioning.
Summary of Final Regulatory Flexibility Analysis:
The new requirement that tested and listed fire-stop systems be used for nearly all penetrations of every fire- protective wall, floor, or ceiling was opposed as being unnecessary and unjustified. Use of lab testing to support this requirement was opposed, and the Department was urged to rely instead on the fire safety history for newer multifamily dwellings, which was argued as showing these dwellings are fire safe without this requirement. Opposition was raised to the higher costs resulting from this requirement, which were argued as making new rental housing less affordable and not shown to be offset by benefits. The Department was urged to focus instead on improving the fire safety of older dwellings that lack the fire safety features of newer buildings, rather than add requirements to new, safe dwellings.
The department believes that the rules reflect an appropriate and reasonable response to address the life/safety risks involved. The new rule reflects national model codes and recognized standards for fire-resistive construction. The concern of establishing retroactive rules for existing buildings necessitates extensive research in indicating risks, possible solutions, and the impacts.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Housing and the Senate Committee on Business, Economic Development,and Urban Affairs. No comments were received.
Ch. ILHR 60 - Child Day Care Facilities.
Summary of Final Regulatory Flexibility Analysis:
The rules establish minimum safety requirements when children under the age of 24 months are cared for on floors above or below the floor level of exit discharge. The requirements are more restrictive than for day care facilities where children can take self-preservation.
The child day care facility operators were concerned over the safe egress of children under the age of 24 months from floors other than the floor of exit discharge. When children under the age of 24 months are located on floors other than the level of exit discharge, the rules require the entire building to be sprinklered and that floor level must be divided into two smoke compartments. The rules are based on national building codes and address the additional safety considerations when children under the age of 24 months are cared for on floors other than the level of exit discharge.
Summary of Comments of Legislative Committees:
The rules were reviewed by the Assembly Committee on Children and Families and the Senate Committee on Economic Development, Housing and Government Operations. No comments were received.
Ch. DOC 309 - Inmate mail, property, and telephones.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to impact on small businesses as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments reported.
Ch. ETF 52 - Duty disability benefit program.
Summary of Final Regulatory Flexibility Analysis:
This rule affects only a benefit program open exclusively to governmental employes classified as “protective occupation participants” under s. 40.02 (48). Stats., and the state, municipal or local units of government which employ them and which also participate in the Wisconsin Retirement System. The Department therefore anticipates that the provisions of this rule will have no direct adverse impact on small businesses.
Summary of Comments:
No comments reported.
SS. HSS 45.05 (11) and HFS 46.06 (11) - Outdoor play space for children attending day care centers.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses. Although many of the day care centers in the state are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats., the changes will affect only centers that do not have on-premises outdoor play space and even these will not be much affected because they are now permitted to use off-premises outdoor play space under exceptions granted by the Department on a case-by-case basis.
Summary of Comments:
No comments were reported.
S. Ins 3.70 - Aggregating creditable coverage for the state health insurance risk-sharing plan.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislature standing committee had no comments on this rule.
Ch. NR 10 - Hunting and trapping.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules regulate individual hunters and trappers; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Natural Resources Committee and the Senate Committee on Environment and Energy. The Assembly Natural Resources Committee held a public hearing on the proposed rule on July 9, 1998. The Committee on Natural Resources did not make any recommendations regarding the proposed rule.
Ch. NR 10 - Wildlife management housekeeping changes.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules regulate individual hunters and trappers; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Natural Resources Committee and the Senate Committee on Environment and Energy. The Assembly Natural Resources Committee held a public hearing on the proposed rule on July 9, 1998. The Committee on Natural Resources did not make any recommendations regarding the proposed rule.
Ch. NR 487 - Clean fuel fleet program to reduce volatile organic compound and oxides of nitrogen emissions from fleet vehicles.
Summary of Final Regulatory Flexibility Analysis:
The parties likely to be impacted or interested in the delay of the Clean Fuel Fleet Program are clean fuel providers and covered fleet operators. The proposed rule delays the clean fuel fleet program by one year will not impose any new requirements on small businesses.
Summary of Comments by Legislative Review Committees:
The proposed rule was reviewed by the Assembly Environment Committee and the Senate Environment and Energy Committee. There were no comments or recommendations on the proposed rule.
NR 500 and 600 series - Solid waste management technical corrections.
Summary of Final Regulatory Flexibility Analysis:
The Department does not believe that the proposed revisions to the NR 500 and 600 rule series will have a significant economic impact on a substantial number of small businesses. The proposed lowering of fees on small municipal solid waste combustors will have a beneficial effect on owners of these facilities.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Natural Resources Committee and the Senate Committee on Environment and Energy. The Assembly Natural Resources Committee held a public hearing on the proposed rule on July 9, 1998. The Committee on Natural Resources did not make any recommendations regarding the proposed rule.
Ch. PI 2 - School district boundary appeals board.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule has no effect on small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. PI 11 - Children with disabilities.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule has no effect on small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comment 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 349. Relating to the Governor's Fatherhood Initiatives.
