Fiscal Estimate
Section NR 1.95 - There is no fiscal effect. The proposed rule changes create no new authority or programs, and are not expected to have a fiscal impact.
Chs. NR 103 and 350 - The Department will incur one-time costs associated with promulgating the rules, including rule development, holding hearings, compiling a record, finalizing the rules, presentation to the Natural Resources Board, drafting guidance, and conducting training. Because the rule development phase is likely to be controversial, the Department estimates that it will devote at least 1,000 hours of staff time to complete the rule development process.
However, there are significant ongoing workload implications and costs associated with implementing a compensatory mitigation and enforcement program. The Department estimates that compensatory mitigation will require nearly 13,000 hours in additional effort annually for Water Division field staff - or the equivalent of 7 FTE. This includes estimated staff time spent on permit processing, consultations in cases that do not lead to formal permit applications, and monitoring of compensatory wetland mitigation sites. Additionally, the Department anticipates the need for an additional 1.0 FTE statewide program coordinator to administer the mitigation program for statewide consistency.
Act 147 also gave the Department the authority to enforce wetland water qualify certification decisions and prosecute illegal wetland destruction. A Departmental workload analysis estimates that it will require an additional 4 FTE enforcement specialists to adequately administer the enforcement component of Act 147.
All totaled, the Department projects additional, ongoing annualized costs associated with an additional 12.0 FTE totaling $591,000.
Notice of Hearings
Natural Resources
(Environmental Protection - Air Pollution Control)
(Chs. NR 400-)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.27 (2), Stats., interpreting s. 285.27 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 422 and 484 and the creation of NR 460 Appendix JJ and ch. NR 465, Wis. Adm. Code, relating to volatile organic compound emissions and national emission standards for hazardous air pollutants for wood furniture manufacturing. The proposed rule will incorporate into the administrative code existing national emission standards for hazardous air pollutants for wood furniture manufacturing operation. These standards took effect on December 7, 1995, and are intended to protect public health by requiring the control of emissions of hazardous air pollutants to the level attainable by implementing the maximum achievable control technology. The standards include emission limitations for finishing materials and contact adhesives used by the wood furniture industry, as well as work practices for areas such as inspection and maintenance procedures, solvent cleaning and washoff operations and application equipment for finishing materials. Flexible compliance options are provided, including averaging and pollution prevention methods allowing sources to substitute non-toxic solvents for toxic ones. The standards include provisions exemption facilities based on low actual hazardous air pollution emissions and low use of finishing materials, adhesives and solvents for cleaning and washoff.
In addition, this proposed order makes a change to existing volatile organic compound control rules for this same industry. The change is proposed in order to make state VOC application equipment requirements consistent with, and no more restrictive than, the US EPA guidance for this industry.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: New and existing facilities which are involved in the manufacture of wood furniture or wood furniture components, and which have the potential to emit more than 10 tons per year of a single hazardous air pollutant.
b. Description of reporting and bookkeeping procedures required: No procedures not already required under the federal law.
c. Description of professional skills required: No additional skills
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
December 14, 2000
Thursday
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Room 601
UW Extension James P. Coughlin Center
625 E. County Road Y
Oshkosh at 1:30 p.m.
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December 15, 2000
Friday
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Room 611B, GEF #2
101 South Webster Street
Madison at 1:30 p.m.
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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 Park at (608) 266-1054 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than December 29, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings.
A copy of proposed rule AM-37-00 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Fiscal Estimate
The Department is already responsible for implementing this NESHAP, and does so through the operation permit program under ch. NR 407, Wis. Adm. Code. Incorporating this NESHAP into the Wisconsin Administrative Code does not impose additional costs on the Department.
Notice of Hearings
Natural Resources
(Environmental Protection - Water Supply)
(Chs. NR 800-)
NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to lead and copper monitoring and treatment requirements for public water systems. The changes do not affect the lead or copper maximum contaminant level goals, the action levels or the basic regulatory requirements. Rule revisions will improve implementation by clearly defining appropriate sample site locations, criteria for monitoring reductions and steps for continuing corrosion control treatment. In addition, changes reduce the reporting burden for systems. Systems would not be required to submit certifications for first-draw samples, tier 1 sites or request for reduced monitoring. It also expands the time frame for reporting water quality parameters. Overall, this rule should not reduce the regulatory workload on public water systems, but should make it more simple and less costly to comply with the lead and copper rule.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 280.11 and 281.17(8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809 and the creation of subch. IX of ch. NR 809, Wis. Adm. Code, relating to public notification requirements for public water systems. The revisions to the public notice rule are essentially an attempt to simplify and further clarify existing Safe Drinking Water Act required public notice requirements. These revisions separate public notifications into three categories called “tiers". Tier 1 public notices will be required for acute public health violations such as a violation of the Total Coliform Rule and notice must be issued within 24 hours. Tier 2 public notification will be required for non-acute maximum contaminant level violations and this type of notice may be delayed up to 30 days. Finally, tier 3 public notice is required for most monitoring and reporting violations and other “minor" violations and may be provided once per year.
The rule revisions clearly spell out what type of violations fit under each tier and provide step by step information regarding what must be done by public water systems that incur violations. In addition, creating the tiered notification process will substantially reduce overall noticing required of public water systems by allowing a “once per year" notice in a water system's annual consumer confidence report. This allowance should actually reduce the cost of noticing for some systems and greatly simplify the process for others.
In addition to clarifying and simplifying existing requirements, this rule revision includes new mandatory public notice language for newly regulated contaminants promulgated under other rules and reformats existing tables to make them easier to understand and use. Overall, this regulation should not increase the regulatory workload on public water systems and should make it more simple and less costly to comply with public notice requirements.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small business. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business classified as having a public water system.
b. Description of reporting and bookkeeping procedures required: No procedures not already required under the federal rule.
c. Description of professional skills required: No skills not already required under the federal rule.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
December 14, 2000 Video conference participation will be Thursday available at:
9:00 a.m. Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room B29, State Office Building
3550 Mormon Coulee Road
LaCrosse
Room 542, State Office Building
819 N. 6th Street
Milwaukee
Room 3, DNR Regional Headquarters, 107 Sutliff Avenue
Rhinelander
December 15, 2000 Video conference participation will be Friday available at:
3:00 p.m. Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room B29, State Office Building
3550 Mormon Coulee Road
LaCrosse
Room 542, State Office Building
819 N. 6th Street
Milwaukee
Room 3, DNR Regional Headquarters, 107 Sutliff Avenue
Rhinelander
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 Don Swailes at (608) 266-7093 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted by mail to Mr. Don Swailes, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 or by FAX to Mr. Swailes at (608) 267-7650 no later than January 15, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules [DG 45-00] and [DG 46-00] and fiscal estimates may be obtained from Mr. Swailes.
Fiscal Estimate
There is no state fiscal impact associated with these rule changes. However, the Environmental Protection Agency estimates that these changes will reduce the reporting burden for each public water system an average of 0.5 hrs. per year. The Department estimates the cost of administrative and recordkeeping activities for public water systems at approximately $25.00 per hour. There are about 2200 public water systems impacted by these rule changes. Therefore the total annual cost for all affected public water systems will be - $27,500. (2200 systems x $25.00 per hour x 0.5 hours).
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (a) and (e), 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 (3), relating to supervising pharmacy interns.
Hearing Date, Time and Location
Date: December 12, 2000
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
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 December 28, 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), 227.11 (2) and 450.02 (3) (a) and (e)
Statute interpreted: s. 450.02 (3) (a) and (e)
Current requirements of s. Phar 7.01 (3) state that a pharmacist may supervise no more than one pharmacy intern and 2 non-pharmacists engaged in compounding and dispensing activities as described in s. Phar 7.01 (1) (c), except that a higher ratio may be authorized by the board upon request to and approval by the board of a specific plan describing the manner in which additional interns or non-pharmacists shall be supervised. Proposed rule, s. Phar 7.015, sets forth the allowable delegation of duties to a pharmacy technician. The objective of modifying s. Phar 7.01 (3) is to delete the reference to non-pharmacists since under proposed s. Phar 7.015, a pharmacist may delegate delineated acts to pharmacy technicians, limited not to a predetermined pharmacist/technician ratio, but by the pharmacist's duty to generally supervise those technicians to which acts are delegated.
Text of Rule
SECTION 1. Phar 7.01 (3) is amended to read:
Phar 7.01 (3) A pharmacist may supervise no more than one pharmacy intern and 2 non-pharmacists engaged in compounding and dispensing activities as described in sub. (1) (c), except a higher ratio may be authorized by the board upon request to and approval by the board of a specific plan describing the manner in which additional interns or non-pharmacists shall be supervised.
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: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2), 450.02 (2g) (a) and (3) (e), 450.03 (2) and 450.04 (1), Stats., and interpreting ss. 450.02 (3) (e), 450.03 (2), 450.05 (1) and 450.02 (2g) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. Phar 2.06 (1) (title), (2) and (3) and 4.02 (3) and (4); and to amend ss. Phar 2.03 (1), 2.06 (1), 12.03 (2) (d) and (e), 13.05 (2) and 16.02 (1), relating to consultation programs and licensure requirements.
Hearing Date, Time and Location
Date: December 12, 2000
