Register

•   Requirement for a property owner to obtain a certificate of lead-free or lead-safe status if a child residing in the property has been identified with an elevated blood level. (Not effective before September 1, 2001.)

•   Immunity provisions under s. 254.173, Stats., that are provided by a certificate of lead-free or lead-safe status. (Not effective before September 1, 2001.)

•   What a property owner must do to have temporary immunity for 60 days after acquiring a dwelling or unit. (Not effective before September 1, 2001.)

Consultation with the Lead Technical Advisory Committee and the Public

As mandated by s. 254.174, Stats., the Department created a Lead Technical Advisory Committee (LTAC) to make recommendations to the Department concerning promulgation of lead-based paint rules. Advisory Committee members were selected to represent a key interest groups. These groups included lead hazard reduction professionals, lead identification professionals, landlords and other property owners, public health departments, child advocates and day care providers.

The Department charged the LTAC with advising the Department on implementation of statutory changes enacted in 1999 Wisconsin Act 113. The LTAC met on May 26, July 12, August 16, September 8 and September 22 to review reports and recommendations from 14 public forums previously held. At the May 26 meeting, members agreed on the following guiding principles for the rules developed implement Act 113:

•   Focus on protecting the most children possible with current resources.

•   Encourage proper maintenance as a means of reducing lead poisoning.

•   Encourage wide participation in the registry program.

•   Reduce confusion by limiting differences between Department rules and other applicable regulations, such as HUD's lead hazard reduction regulations under 24 CFR Part 35.

•   Strive for simplicity and clarity in order to achieve better compliance.

•   Be sensitive to costs and the impact costs have on the ability to get work done.

•   Reward long-term improvements.

•   Encourage work when a building is vacant in order to reduce risks to occupants.

•   Enforce the regulations in order to encourage compliance.

•   Evaluate the registry process regularly and revise as needed.

•   Look for resources to reduce lead-based paint hazards.

The Department's 14 public forums were held in various locations statewide and facilitated relatively wide public participation in the LTAC's development of recommendations. In addition to Department staff and LTAC members, more than 50 people participated in the public forum process. Public forums discussed the following issues:

•   Issuance of certificates of lead-free status or lead-safe status.

•   Standards buildings must meet to qualify for a certificate.

•   Standards for limiting the length of certificate validity.

•   Requirements that certificate-holders must meet to maintain a certificate.

•   Protocols the certified lead professional must use when determining whether a building meets the standards for a certificate of lead-free status or lead-safe status.

•   Forms for the certificates of “lead-free status" and “lead-safe status."

•   Lead-safe work practices that must be used when conducting an activity that disturbs lead-based paint on a property.

•   Training and certification of persons who perform work involving property included in the registry of certificates of lead-free status or lead-safe status.

•   Educating the public about the registry of property with a valid certificate of lead-free status or lead-safe status.

New Federal Regulations

The U.S. Department of Housing and Urban Development (HUD) revised 24 CFR Part 35 effective September 15, 2000. The regulations require most properties owned by the federal government or receiving federal assistance to conduct specified activities to make the property lead-safe. The HUD regulations most directly affect property owners receiving federal rehabilitation funds and landlords whose tenants receive federal rental assistance. To meet HUD's lead-safe standards, most affected properties must have a risk assessment completed and must use certified persons to reduce or eliminate the lead-based paint hazards identified in the risk assessment report. Property owners must also use trained people to perform maintenance or renovation activities and must have a clearance visual examination and dust-lead sampling conducted after completing activities that disturb lead-based paint. The regulations also require annual re-evaluation of the property by a certified lead risk assessor.

On June 3, 1998, EPA proposed standards for identifying lead-based paint hazards under the authority of section 403 of the federal Toxic Substance Control Act. Unlike previous federal lead-based paint legislation which focused only on the presence of lead-based paint, this legislation switches the focus of Federal lead-poisoning prevention efforts away from the removal of lead-based paint toward management of lead-based paint hazards. The proposed standards, when finalized, will play an important role in the national lead-based paint program. For example, the standards will be used by risk assessors to determine if lead-based paint hazards exist in pre-1978 housing and child-occupied facilities (e.g., daycare centers). Property owners will use the standards to identify conditions that must be disclosed before leasing or selling target housing under regulations of the U.S. Department of Housing and Urban Development (HUD) and EPA. The Department of Housing and Urban Development will also incorporate these standards into its regulations on lead-based paint hazard evaluation and control in federally-assisted and owned housing. In addition, these regulations will provide advice to the public about conditions considered to present health risks to young children that should be addressed. The standards may also be incorporated into local laws and regulations, housing codes, and lending and insurance underwriting standards.

EPA is also preparing to promulgate lead training and certification requirements under 40 CFR Part 745 for persons performing renovation and remodeling regulations. Under these regulations, any person who disturbs paint in a pre-1978 dwelling, other than a homeowner performing activities in an owner-occupied dwelling, will have to complete lead-safe training. EPA is also considering requiring a visual examination and dust sampling for clearance after any activity that disturbs paint in a pre-1978 dwelling, except when work on owner-occupied property was done by the property owner.

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

Gail Boushon, Regulatory Specialist

Asbestos and Lead Section

Room 137, 1 West Wilson Street

P.O. Box 2659

Madison, WI 53701-2659

Telephone: [phone], or 266-1511 if you are hearing impaired.

Fax: [phone]

Email: [e-mail]

Fiscal Estimate

The Department expects that owners of the approximately 500,000 rental units in Wisconsin built before 1978 to be the primary purchasers of certificates of lead-free status or lead-safe status to be issued under the proposed rule. It further expects that about 50% of these properties will be eligible for a certificate of lead-free and 50% for a certificate of lead-safe. A certificate of lead-free status costs $50 and is issued for an indefinite term. The Department anticipates that 10,000 certificates of lead-free status will be issued annually. A certificate of lead-safe status costs $25 and is issued for terms that vary from 9 months to 7 years. The Department anticipates that 8,000 certificates of lead-safe status will be issued or renewed each year. Therefore, the Department estimates an annual total of $700,000 in program revenues from the issuance of lead-free and lead-safe certificates. In addition, the proposed rule contains various fees for certification of individuals and companies, accreditation of training courses, and approval of principal instructors. The Department estimates that the proposed rule will increase revenues for these various by $206,400 annually. Contact Gail Boushon, Regulatory Specialist with the Asbestos and Lead Section to obtain a copy of the spreadsheet showing the breakdown of the estimated revenues.

The Department anticipates the total annual cost of administering the program to be $736,600. It estimates that 9.5 FTE will be necessary to administer the program at an estimated annual cost of $551,595. Of the 9.5 FTE, 4.5 FTE are transferred from existing DHFS programs and 5.0 FTE are authorized under 1999 Wisconsin Act 113. In addition, the Department anticipates other annual costs in the amount of $185,000. These costs include $50,000 to maintain the database of certificates, $120,000 laboratory costs for processing paint chip and dust wipe samples taken to verify eligibility for a certificate, and $15,000 for printing, postage and other services and supplies.

Initial Regulatory Flexibility Analysis

The rule will affect small businesses as defined in s. 227.114 (1) (a), Stats. There are 286 certified lead companies in Wisconsin, of which at least 80% have fewer than 25 employees. There are 5 providers of training courses. Four of the training providers are companies and one is operated by a labor union. In addition, the proposal includes an option for property owners to obtain a certificate of lead-free status or lead-safe status in exchange for immunity from liability when a child is lead poisoned. The standards and certificates of lead-free status and lead-status will affect rental real estate owners who elect to participate. Many of these owners could be classified as small businesses. Therefore, the Department developed the rule only after careful consideration of the cost and administrative burden to affected parties.

In proposing standards that must be met in order for a real estate owner to receive a certificate of his or her building being lead-free or lead-safe, the Department continually weighed the cost to achieve or maintain a standard against the risk of a child being lead poisoned.

Training for certification was established in modules that allow easy movement to higher discipline levels after completing additional training without having to repeat information. This reduces the required initial amount of time and money, before a person may be sure of his or her commitment, and reduces barriers to upward movement within the lead industry.

Minimum reporting requirements will be placed on trainers and lead professionals. The Department considers the information proposed to be required of property owners minimally essential for awarding certificates of lead-free or lead-safe to a structure's owner. Such certifications form the basis for the owner's immunity from liability. Therefore, reporting requirements cannot be reduced for “small businesses."

Compliance and reporting requirements have been simplified and consolidated wherever possible while:

1.   Assuring building owners a basis for immunity from liability;

2.   Providing the Department adequate monitoring and enforcement information; and

3.   Providing the public sufficient information about individual buildings.

4.   Providing the legislature with progress reports mandated in 1999 Wisconsin Act 113.

Schedules and deadlines are limited to what the Department considers to be essential for program operation. Since the proposed rule offers immunity from legal liability if specified standards necessary for ensuring the physical health of occupants are met, the compliance standards must be uniform for all parties and cannot be lessened simply because a structure's owner meets the statutory definition of a small business.

Fees were established at levels expected to be sufficient to support the program and slowly repay GPR startup funds authorized by the legislation, without providing an excess of funds. Since many certification disciplines and all instructor approvals and course accreditations are issued for 2 years, the Department also had to consider fees that would be sufficient if revenues received in one year of the 2-year cycle were substantially greater than in the other year of the 2-year cycle.

Notice of Hearings

Natural Resources
(Fish, Game, etc. Chs. NR1- )
[CR 00-178]

NOTICE IS HEREBY GIVEN THAT ss. 29.041, 29.014 (1), 29.519 (1) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1), Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 25.03 (2) (b) 3., Wis. Adm. Code, relating to relicensing commercial fishers on Lake Michigan. In order to identify inactive licensees, persons who apply for annual renewal of commercial fishing licenses for Lake Michigan must meet several criteria. Since 1989, one key criterion has been the minimum annual catch requirement. To qualify for relicensing, each licensee must, for at least one of the three commercial fishing zones, have reported a combined harvest that exceeds one of two numbers: 1) a zone-specific level set out in s. NR 25.03 or 2) an alternate computed level based on the harvests of all fishers during the year preceding the year during which the application for relicensing is submitted.

The proposed rule changes the requirements for relicensing commercial fishers on Lake Michigan. Under the proposed rule, the alternate minimum catch requirement would be computed based on harvest by all fishers during the most recent 12-month period, June of the preceding year through May of the year of application. This rule revision would make it easier for a commercial fisher to qualify for relicensing following a year when fish stocks declined.

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: Commercial fishers on Lake Michigan

b. Description of reporting and bookkeeping procedures required: No new procedures

c. Description of professional skills required: No new 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:

January 12, 2001     Room 310, Green Bay City Hall, 100 N.

Friday     Jefferson St., Green Bay at 2:00 p.m.

January 22, 2001     Room 118, County Administration Center     (Middle Building), 121 W. Main St.,

Monday     Port Washington at 5:00 p.m.

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 Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect:

There is no fiscal effect anticipated from the promulgation of this rule change.

Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than Monday, January 29, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-48-00] and fiscal estimate may be obtained from Mr. Horns.

Notice of Hearing

Natural Resources
(Fish, Game, etc. Chs. NR1- )

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.11 (2) (a) and 227.24, Stats., interpreting ss. 350.04 and 350.10 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. LE-49-00 (E) relating to the definition of unreasonable and improper speed for snowmobile operation during the hours of darkness. This emergency order took effect on December 14, 2000. The emergency rule defines unreasonable and improper speed to include snowmobile operation above 50 miles per hour during the hours of darkness. Snowmobiles competing in a sanctioned race or derby are exempt from the regulation.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

January 17, 2001   Terrace Room (Room 100), UW Marathon

Wednesday   Center, 518 S. 7th Ave., Wausau

  at 11:00 a.m.

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 Karl Brooks at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There will be no net change in FTE hours or expenditure of new funds for the Emergency Rule. The change will only be in terms of method of enforcement tactic used. Wardens will use existing equipment and existing hours to enforce this rule.

Written comments on the emergency rule may be submitted to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [LE-40-00 (E)] may be obtained from Mr. Brooks.

Notice of Hearings

Natural Resources

(Fish, Game, etc. Chs. NR 1-)

[CR 00-177]