Register

June 29, 2000   Appleton Public Library

Thursday   Auditorium

at 1:00 p.m.   225 N. Oneida St

  Appleton, WI

Additional technical materials supporting the proposed attainment plan, its technical assumptions regarding modeling and emissions and these proposed rule revisions are available from the Department. Please call Robert Lopez at [phone] regarding these materials, or visit the Bureau of Air Management, Wisconsin DNR website, which is located at the following Internet address: http://www. dnr.state.wi.us/org/aw/air/hot/1hrsip_p3.htm.

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Lopez at [phone] with specific information on your request at least 10 days before the date of the scheduled public hearing.

Written comments on the proposed rule revisions may be submitted to Mr. Robert Lopez, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than July 14, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings.

Copies of Rules and Fiscal Estimate

A copy of proposed AM-27-00 and its fiscal estimate may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone:[phone]

FAX: [phone]

Fiscal Estimate

FISCAL IMPACT - The Department of Natural Resources is not expected to incur additional cost for administering the proposed rule. It is part of the Bureau of Air Management's ongoing responsibilities to achieve the 1-hour ozone standard and to issue permits connected with that objective.

The proposed rule potentially affects six heating and cooling boilers at University of Wisconsin facilities operated by the Department of Administration (DOA). These facilities are required to meet combustion optimization or tune-up requirements to operate in a low NOx combustion profile. This may require the installation of monitoring equipment to maintain operation in this mode, but does not require any additional control equipment. Operating in a low NOx mode usually coincides with increased boiler efficiency and therefore savings in fuel cost. This saving is expected to offset the potential costs to yield cost savings. Under a high capital cost for continuous monitoring to insure efficiency gains the maximum net costs are expected to be in the range of under $1,000 per year (current estimate is $50 per year). The proposed rule also requires an emission rate limit for three large boilers at the UW-Milwaukee facility. However, the DOA is currently installing low NOx burners as part of their regular burner replacement and expects to meet the proposed limit. Therefore, there is no additional cost assumed for this facility.

The proposed rule also affects the local government owned Manitowoc Public Utility facility. The proposed rule imposes emission rate limits on three boilers below current operating levels. Meeting these emission rates is expected to require an optimization procedure and potentially a modification of existing equipment to operate in a low NOx combustion mode. The efficiency gains and fuel savings are expected to offset capital costs of these actions as well as the installation of appropriate monitoring equipment for annual cost savings of $40,000. However, monitoring equipment may incur a maximum annual cost of $30,000 to ensure the efficiency gains and low NOx operating mode.

Fiscal Estimate -NOx Controls at Government-Owned Facilities

Government Source	Total Annual Cost ($)	$/ton Reduction
Manitowoc Public Utility	under 30,000 to (-40,000)	(-200) to 140
Dept. of Administration	under 1,000 to (-10,000)	(-5,000) to 40

Notice of Hearings

Commerce

(PECFA, Chs. Comm 46-47)

Natural Resources

(Environmental Protection-
Investigation & Remediation,
Chs. NR 700-)

[CR 00-90]

Notice is hereby given that, pursuant to s. 227.11 (2)(a) and 227.24, Stats., and section 9110 (3yu) (b) of 1999 Wisconsin Act 9., interpreting ss. 101.143, 101.144, 292.11 and 292.31 and ch. 160, Stats., the Department of Commerce and the Department of Natural Resources will hold joint public hearings on a joint emergency rule ch. Comm 46 and ch. NR 746, Wis. Adm. Code, with related amendments to chs. NR 700, 716, 720, 722 and 726, and the creation of permanent rules that are identical to the emergency rules, relating to sites contaminated with petroleum products from petroleum storage tanks.

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the emergency rules or the proposed permanent rules will have any negative economic impact on small businesses.

Environmental Assessment

Notice is hereby further given that the Department of Commerce and the Department of Natural Resources have each made a preliminary determination that the creation of ch. Comm 46 and ch. NR 746 and the related changes to chs. NR 700, 716, 720, 722 and 726 do not involve significant adverse environmental effects and do not need an environmental analysis under ch. Comm 107, or NR 150, Wis. Adm. Code, respectively. However, based on the comments received, the Department of Commerce or the Department of Natural Resources may prepare an environmental analysis. This environmental review document would summarize the Department's consideration of the impacts of the emergency rule and reasonable alternatives.

Hearing Information

June 15, 2000   Room 511 in General Executive

Thursday   Facility 2 (GEF 2)

at 1:00 pm   101 S. Webster Street, 5th Floor

  Madison, Wisconsin

July 10, 2000   Classroom in Havenwoods Center

Monday   (Havenwoods State Forest)

at 10:00 am   6141 N. Hopkins

  Milwaukee, Wisconsin

July 12, 2000   Room 2 at UW Extension

Wednesday   212 River Drive

at 11:00 am   Wausau, Wisconsin

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Theresa Evanson at [phone] with specific information on your request at least 5 business days before the date of the scheduled hearing.

Written comments on the emergency rule ch. Comm 46 and ch. NR 746, with related changes to chs. NR 700, 716, 720, 722 and 726, adopted by the Department of Commerce and the Department of Natural Resources, and the proposed permanent rules may be submitted to Richard Meyer, Department of Commerce, 201 W. Washington Avenue, 4th Floor, PO Box 2689, Madison, WI 53707-2689, or Theresa Evanson, Bureau for Remediation and Redevelopment, DNR, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, no later than June 30, 2000. Written comments that are mailed to either Department will be given the same weight and effect as oral statements presented at the hearings.

Copies of Rules and Fiscal Estimates

A copy of emergency rule [RR-22-00 (E) & RR-23-00] ch. Comm 46 and ch. NR 746, related changes to chs. NR 700, 716, 720, 722 and 726, and the corresponding fiscal estimates, may be obtained from Richard Meyer at [phone] and Theresa Evanson at [phone].

Fiscal Estimate

There is no fiscal effect.

Notice of Hearing

Pharmacy Examining Board

[CR 00-47]

Notice is hereby given that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 450.02 (3) (a) and (e), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 7.01 (1) (e), relating to delivery of prescriptions.

Hearing Information

The hearing will be held as follows:

Date and Time   Location

June 14, 2000   Room 179A

Wednesday   1400 East Washington Ave.

9:15 a.m.   MADISON, WI

Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by Wednesday, July 5, 2000 to be included in the record of rule-making proceedings.

Analysis Prepared by the Dept. of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)

Statute interpreted: s. 450.02 (3) (a) and (e)

Rules of the Pharmacy Examining Board identify in s. Phar 7.01 (1) (e) that prescription drugs may be delivered by an agent of the pharmacist to a patient's residence where the delivery is accompanied by appropriate directions and an offer that consultation is available by contacting the pharmacist. The rule amendment proposed will expand the patient's options for choice in designating a location of delivery.

Section Phar 7.01 (1) (e) is amended to expand the exception for delivery of prescription drugs and will allow the patient to designate other locations for delivery in addition to the patient's residence. In the case of delivery to a location other than the patient's residence, the requirement to offer consultation is expanded to apply to any other location designated by the patient.

Text of Rule

SECTION 1. Phar 7.01 (1) (e) is amended to read:

Phar 7.01 (1) (e) Give the patient or agent appropriate consultation relative to the prescription except that prescriptions may be delivered by an agent of the pharmacist to a patient's residence or other locations designated by the patient if the delivery is accompanied by appropriate directions and an indication that consultation is available by contacting the pharmacist. The consultation requirement applies to original and renewal prescription orders and, except when prescriptions are delivered to a patient's residence or other location designated by the patient, is not satisfied by only offering to provide consultation.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: These rules would increase agency costs due to printing and postage costs for mailings for approximately 6,000 pharmacists. A copy of the rules and a cover letter would need to be mailed and associated with this mailing would be approximately $15,000. This cost to print and mail each rule is estimated at $2.50 multiplied by 6,000. This is a one-time cost.

Initial Regulatory Flexibility Analysis

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Information

Copies of this proposed rule are available without cost upon request to: