The Department is gravely concerned that a lack of properly trained and certified individuals to meet the increased demand may lead to an increase in lead poisoning due to work being performed by untrained individuals. The new disciplines in this emergency order will help meet the demand for certified individuals because the rules reduce the training hours required for certification by targeting training to specific activities. With more individuals becoming certified, housing authorities and property owners will be able to comply with HUD regulations and property owners will be able to reduce lead-based paint hazards in preparation for the implementation of Act 113 lead-free and lead-safe property standards.
In promulgating these revisions to the certification and training accreditation requirements under chapter HFS 163, the Department seeks to meet the needs of all the parties affected by training or certification requirements under State, federal or local lead regulations. For each revision made by these rules, the Department considered the impact of the cost, the ease with which persons could comply, the ability to easily move to a higher level of certification, and the consistency with other regulations. In developing the low-risk worker and low-risk supervisor disciplines, the Department also considered potential requirements of EPA's renovation and remodeling regulations.
The Department divided required training into smaller independent modules to allow individuals to complete the least amount of training necessary to safely and accurately perform the lead-based paint activities for which the individual becomes certified. In addition, the Department:
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Divided lead hazard reduction activities into those that are low-risk and high-risk.
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Divided site management activities into project design and supervision of low-risk versus high-risk activities.
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Divided lead investigation activities conducted by lead risk assessors into sampling, inspection, and hazard investigation.
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Revised the definitions, training and certification requirements and accreditation standards to reflect these categories of activities.
Publication Date:
December 1, 2000
Effective Date:
December 1, 2000
Expiration Date:
April 30, 2001
Hearing Dates:
January 12, 16, 17, 18 and 19, 2001
[See Notice this Register]
Natural Resources - (4)
(Fish, Game, etc., Chs. NR 1-)
1. Rules adopted revising ch. NR 10, relating to deer hunting in certain deer management units.
Statement of Emergency
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. This emergency rule is needed to control deer populations that are significantly over goal levels in order to prevent substantial deer damage to agricultural lands and forest resources, and to minimize deer nuisance problems, thereby protecting the public peace, health, safety and welfare. Normal rule-making procedures will not allow the establishment of these changes by August 1. Failure to modify the rules will result in excessively high deer populations well above established goal levels, causing substantial deer damage to agricultural lands and forest resources, and potential for disease.
Publication Date:
May 15, 2000
Effective Date:
August 4, 2000
Expiration Date:
January 1, 2001
Hearing Dates:
June 12, 2000
2. Rules adopted creating s. NR 1.445 and revising ch. NR 51, relating to the stewardship program.
Exemption from finding of emergency
Emergency rules are necessary for the department to act as authorized under s. 23.0917, Stats., as created by 1999 Wis. Act 9. According to section 9136 (10g) of this Act, the department is not required to make a finding of emergency or provide evidence that promulgating this emergency rule is necessary for the preservation of public peace, health, safety or welfare. In addition, the emergency rules promulgated under this authority remain in effect until June 30, 2001, or until the date on which the corresponding permanent rules take effect, whichever is sooner.
Analysis prepared by the Department of Natural Resources:
Statutory authority: ss. 227.11 (2), 227.24, Stats, and s. 9136 (10g), 1999 Wis. Act 9
Statutes interpreted: ss. 23.09 (19), (20) and (20m), 23.0917, 23.092, 23.094, 23.096, 23.098, 23.17, 23.175, 23.197, 23.27, 23.29, 23.295, 30.24 and 30.277, Stats.
The emergency rule:
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Implements a statutory change that requires the department to obtain county approval for acquisitions in counties where greater than 66% of the land is publicly owned.
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Moves three stewardship grant programs (local park aids, urban green space, and urban rivers) from ch. NR 50 to ch. NR 51. Improves grant administration by combining all stewardship grant programs into one chapter.
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Revises and expands program definitions, including definitions for nature-based outdoor recreation and middle kettle moraine, to clarify terms, reflect statutory changes and improve grant administration.
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Implements a statutory change that expands grant eligibility to include non 501 (c) (3) organizations.
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Reorganizes the structure of chapter 51 to incorporate new programs and local government programs.
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Implements statutory changes that identify priorities and expand the purposes for which nonprofit conservation organizations can receive grants. Makes minor revisions to improve grant administration.
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Makes minor revisions to bring the natural areas program in line with statutory changes.
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Establishes the administrative framework for the new bluff protection program. Defines “bluff" and sets program priorities.
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Makes minor revisions in the habitat areas and fisheries program to bring the program in line with statutory changes and improve grant administration.
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Establishes the administrative framework for acquisition of property by the department and nonprofit conservation organizations to preserve wild lakes. Defines “wild lake."
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Makes minor revisions to the stream bank program to bring the program in line with statutory changes.
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Makes minor revisions to the state trails program to improve grant administration.
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Implements a statutory change that makes nonprofit conservation organizations eligible for grants for state property development. Revises grant priorities and makes minor revisions to improve administration of the state property development grant program.
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Establishes the administrative framework and sets priorities for the new Baraboo Hills subprogram.
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Clarifies and streamlines the administration of local assistance grants to governmental units.
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Clarifies and streamlines the administration of the local park aids, urban green space, and urban rivers grant programs which provide grant funds for governmental units and nonprofit conservation organizations. Implements statutory changes that require that all grants issued under these programs be for nature-based outdoor recreation. Lists eligible nature-based projects and sets grant priorities. Also implements a statutory change that allows “shoreline enhancements" to be funded under the urban rivers program and provides a list of typical shorelines enhancements that will qualify for the program.
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Establishes the administrative framework for the new acquisition of development rights program that provides grant funds to local governments and nonprofit conservation organizations. Sets priorities and identifies other factors that will be considered in awarding grants.
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Makes minor revisions to improve administration of the Heritage state park and forest trust program.
Publication Date:
September 1, 2000
Effective Date:
September 1, 2000
Expiration Date:
See section 9136 (10g), 1999 Wis. Act 9
Hearing Dates:
November 1 & 2, 2000
3. Rules adopted revising ch. NR 47, relating to the federal cost sharing program to suppress gypsy moths.
Statement of Emergency
An emergency rule is necessary in order to make the cost shared gypsy moth suppression program available for aerial treatments in May 2001. Given the survival of caterpillars this summer, the department expects that populations of gypsy moth will be high enough in some localities in 2001 to necessitate suppression to protect tree health. In order to offer participation in the aerial treatment project and cost sharing from the U.S. Forest Service, it is necessary that preparatory work be done this fall and winter to define treatment blocks. When gypsy moth outbreaks occur, the public typically becomes concerned and looks for ways to reduce the population of gypsy moth to tolerable levels. Treatments to kill large numbers of the pest can be expensive, at times damaging to our native insects and other animals, or even dangerous to the landowner and others when pesticides are not used according to directions. The Department organized suppression program will provide the public with a safe, effective and affordable means to prevent damage to their trees.
Publication Date:
November 10, 2000
Effective Date:
November 10, 2000
Expiration Date:
April 9, 2001
Hearing Dates:
January 17, 2001
[See Notice this Register]
4. Rules adopted revising ch. NR 6 relating to defining unreasonable and improper speed to include operating a snowmobile at speeds greater than 50 MPH during the hours of darkness.
Statement of Emergency
During the 1999-2000 snowmobile season conservation wardens investigated 38 fatal snowmobile accidents. Of these accidents, 10 deaths could be directly attributed to operation at excessive speed during the hours of darkness. Fourteen other deaths could have been avoided if the operators had observed more prudent speeds, allowing them to avoid nighttime hazards. Potentially 24 of the 38 fatalities could have been avoided if the snowmobiler had been operating at slower speeds during the hours of darkness. Unless an immediate change is made in the snowmobile laws similar number of avoidable fatalities will occur during the 2000-2001 snowmobile season. Even greater numbers could occur if the early snows seen in November of 2000 remain, thereby extending the snowmobile season beyond that experienced in 1999-2000.
Publication Date:
December 15, 2000
Effective Date:
December 15, 2000
Expiration Date:
May 14, 2001
Hearing Dates:
January 17, 2001
[See Notice this Register]
Natural Resources
(Environmental Protection - General, Chs. NR 100-)
Rules adopted creating ch. NR 168, relating to the brownfield site assessment grant program administration.
Statement of Emergency
This rule implements the brownfield site assessment grant program. Created in the 1999-2000 biennial state budget bill (1999 Wisconsin Act 9), the brownfield site assessment grant program provides grants to eligible local governments to cover the costs of brownfield site assessment activities such as: investigating environmental contamination of an eligible site or facility; demolishing structures located on an eligible site; removing certain abandoned containers; abating asbestos as part of demolition activities; removing underground hazardous substance storage tank systems; and removing underground petroleum product storage tank systems. Eligible local governments include cities, villages, towns, counties, redevelopment authorities, community development authorities, and housing authorities. The legislature appropriated $1.45 million for the 99-01 biennium for these grants. Local governments are required to contribute matching funds as cash or in-kind, or both, equal to 20% of the grant. This rule limits the amount of funds that may be awarded for eligible activities. The rule specifies that 70% of available funds are to be allocated to “small" grants (i.e. a grant award between $2,000 and $30,000); and 30% of available funds are to be allocated to “large" grants (i.e. a grant award of more than $30,000 but not more than $100,000). Act 9 required that the department promulgate these rules as necessary to administer the program, and directed the department to promulgate them as emergency rules.
Publication Date:
July 10, 2000
Effective Date:
July 10, 2000
Expiration Date:
December 8, 2000
Extension Through:
February 5, 2001
Natural Resources
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
Rules adopted revising chs. NR 700, 716, 720, 722, 726 and creating ch. NR 746, relating to site contaminated with petroleum products discharged from petroleum storage tanks.
Exemption from finding of emergency
(See section 9110 (3yu) 1999 Wis. Act 9)
The proposed ch. NR 746 is identical to ch. Comm 46 that is being promulgated by the Department of Commerce.
Chapter NR 746 provides that the Department of Natural Resources has authority for “high-risk sites" and that the Department of Commerce has authority for “low and medium risk sites." The rule requires the Department of Natural Resources to transfer authority for sites with petroleum contamination from petroleum storage tanks to the Department of Commerce once the site is classified, unless the site is classified as a “high-risk site" or the site is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank. The rule also establishes procedures for transferring sites from one agency to the other whenever new information relevant to the site classification becomes available.
Chapter NR 746 also provides jointly developed requirements for:
1. Selecting remedial bids and the setting of remediation targets for sites that are competitively bid or bundled with another site or sites.
2. Determining when sites may close.
3. Determining when remediation by natural attenuation may be approved as the final remedial action for a petroleum-contaminated site.
4. Tracking the achievement of remediation progress and success.
5. Reporting of program activities.
The amendments and new provisions that are proposed to be added to chs. NR 700, 716, 720, 722 and 726, as part of this rule package, consist of cross-references to ch. NR 746 that are proposed to be inserted in chs. NR 700, 716 and 726, and exemptions from the requirements in chs. NR 720 and 722 that would conflict with the requirements in ch. NR 746: that is, an exemption from the soil cleanup standards in ch. NR 720 and the remedial action option evaluation requirements in ch. NR 722 for those sites contaminated with petroleum products discharged from petroleum storage tanks that satisfy the risk criteria in s. NR 746.06 and are eligible for closure under s. NR 746.07.
Publication Date:
May 17, 2000
Effective Date:
May 18, 2000
