Rule-making notices
Notice of Hearings
Health and Family Services
(Community Services, Ch.
HFS 30-)
These proposed amendments would affect Wisconsin's application for funds under the Individuals with Disabilities Education Act, Part C. These hearings and opportunity to comments will also provide public participation for the proposed amendments to the application.
Hearing Information
The public hearings will be held:
Date & Time Location
October 16, 2001 Room 950A
Tuesday 1 W. Wilson Street
3:00 p.m. to 5:00 p.m. Madison, WI
October 17, 2001 State Office Building
Wednesday 610 Gibson Street
2:30 p.m. to 4:30 p.m. Eau Claire, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
The Department's rules for the state's early intervention program (the Birth to 3 Program) are in ch.
HFS 90 of the Wisconsin Administrative Code. Through this rulemaking order, the Department is proposing to establish a system for determining the parental cost share for early intervention services that is applied only to the Birth to 3 Program. The proposed rule would eliminate application of the Uniform Fee system in ch.
HFS 1 and the Family Support Program payment formula in s.
HFS 65.05 as the basis for determining the parental cost share.
Specifically, the rule modifications would have two results. First, since ch.
HFS 90 would no longer cross-reference ch.
HFS 1, county participation in administering the Birth to 3 Program cost share would become mandatory. Second, the method of determining parents' share of the costs of needed services would be simplified and standardized statewide and would be based on the relationship of families' incomes to the federal poverty threshold. This would reduce the administrative costs associated with the program.
The Department proposes using the federal poverty threshold, as revised annually, as a benchmark against which families' adjusted incomes would be compared to determine the parental cost share liabilities. Families with adjusted incomes below 200% of the federal poverty threshold will be exempt from cost sharing. Families with incomes above 200% of the federal poverty level will be billed for part of the early intervention services their children receive.
Under the simplified payment system the Department is proposing, the Department expects counties' costs to administer the payment system to decline as the number of forms and required calculations would be significantly reduced. The Department projects that the proposed rule changes would increase the revenues generated by counties, in total, due to the fact that more families would have a parental cost share and more counties will be participating in the parental cost share system. However, individual counties having relatively lower per capita incomes may not experience significant revenue increases.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write, phone or e-mail:
Donna Miller
Bureau of Developmental Disabilities
P.O. Box 7851
Madison, WI 53701-7851
608-267-5150
If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments received by mail or e-mail at an above address no later than 5:00 p.m., November 15, 2001, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
The Department projects that the proposed rule changes would increase counties' revenues by $1,459,762, in total, due to the fact that more families would have a parental cost share, counties' costs to administer the payment system will decline as the number of forms and required calculations would be significantly reduced, and more counties will be participating in the parental cost share system. However, individual counties having relatively lower per capita incomes may not experience significant revenue increases.
Initial Regulatory Flexibility Analysis
The revision of ch.
HFS 90 will decrease the number of forms county administrative agencies are required to complete and the number of calculations agencies are required to perform as part of their billing and collection responsibilities under the Birth to 3 Program. Counties may delegate their billing and collection responsibilities to a service provider by written agreement. Occasionally, service providers are small businesses as defined under s.
227.114 (1) (a), Stats. Since county administrative agencies have ultimate responsibility for the paperwork associated with determining parental cost share and, through these proposed rules, the Department is proposing ease the administrative burden of the program, the Department has not proposed specific exemptions from these requirements for small businesses.
Bureau of Developmental Disabilities
P.O. Box 7851
Madison, WI 53701-7851
608-267-5150
Notice of Hearings
Health and Family Services
Notice is hereby given that pursuant to s.
227.16 (1),
227.17 and
227.18, Stats., the Department of Health and Family Services will hold public hearings to consider the proposed repeal of ch. HSS 157 and creation of ch.
HFS 157 Radiation Protection, relating to the regulation of radiation producing devices and radioactive materials.
Hearing Information
The public hearings will be held:
Date and Time Location
October 26, 2001 Room 751
Friday 1 W. Wilson Street
1:00 p.m. to 4:00 p.m. Madison, WI
November 2, 2001 Rib Mountain Inn
Friday 4700 Rib Mountain Drive
12:30 p.m. to 3:30 p.m. Wausau, WI
November 6, 2001 Country Inn, Meadow Brook
Tuesday West Room
1:00 p.m. to 4:00 p.m. 2810 Golf Road
Waukesha, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Governor Thompson assigned the Department of Health and Family Services the responsibility of pursuing an agreement with the U.S. Nuclear Regulatory Commission (NRC) that will allow the state to assume regulatory (including judicial) authority over certain radioactive materials currently under federal jurisdiction. Under this agreement, Wisconsin would become an “agreement state" with the NRC and assume responsibility for licensing, inspecting and regulating the use of radioactive materials at 253 facilities statewide, excluding nuclear power reactors and federal facilities. Among other requirements, the NRC requires a potential agreement state to update their state radiation protection rules with a compatible version of current federal radiation protection regulations prior to signing the agreement transferring regulatory authority. The state rules must also establish a radioactive material licensing and inspection program that is at least as stringent as that of the NRC. This is the reason for and purpose of this proposed rulemaking order.
The proposed chapter HFS 157 is based upon an agreement state rule template called the “Suggested State Regulations for the Control of Radiation" (SSRCR) developed by the Conference of Radiation Control Program Directors, Inc. (CRCPD). The CRCPD is a national organization of state radiation control staff that supports and represents state radiation control programs. The SSRCR is developed with the involvement of federal radiation agencies, such as the Nuclear Regulatory Commission, the Food and Drug Administration and the Environmental Protection Agency. The SSRCR is also continually updated and used by most of the 32 existing agreement states to help meet federal requirements. Chapter
HFS 157 was also developed with the input of a 40-member rules advisory group representing a cross-section of the regulated user community.
The ch.
HFS 157 proposed rulemaking order would accomplish the following:
1. Retain the current requirement under s.
254.35, Stats. to register x-ray devices and propose no change to the annual $36 site fee and $30 (dental) or $44 (other) tube fees for x-ray producing devices.
2. Retain the registration requirement and associated $36 annual fee for naturally occurring and accelerator produced radioactive materials (NARM), currently under state jurisdiction, until Wisconsin becomes an agreement state. The registration requirement and associated fee would terminate at that point.
3. Establish a radioactive material licensing and inspection program equivalent to the NRC program, license application fees, annual fees, license amendment fees, reciprocity fee, enforcement structure and violation penalties for all radioactive materials not exempted from regulation, including NARM.
4. Establish a registration program and annual fee for certain generally-licensed devices that is equivalent to a new NRC generally licensed device registration requirement.
5. Establish radiation safety and regulatory requirements for all regulated uses of radioactive materials, including medical, industrial, research and academic, that are consistent with current radiation safety and regulatory requirements in Title 10 (energy), Code of Federal Regulations, Parts 20, 21, 33-36, 39, 40, 70, 71 and 150 and applicable portions of Title 49 (transportation), Code of Federal Regulations.
6. Update the radiation safety requirements for x-ray producing devices to reflect new technologies, current federal regulations and the input of an ad hoc advisory group consisting of a cross-section of regulated users.
7. Retain existing standards for radioactivity in community water systems.
Contact Person
To find out more about the hearings or to request a copy of the proposed rules, write, phone or e-mail:
Paul Schmidt
Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
608-267-4792 or, if you are hearing impaired, 608-267-7371
If you are hearing or visually impaired, do not speak English or have circumstances that might make communication at a hearing difficult, and if you require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments received by mail or email at an above address no later than 5:00 p.m., November 30, 2001 will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
The proposed ch.
HFS 157 maintains existing registration fees for x-ray device users. The rulemaking order also proposes to maintain the existing registration program and $36 annual fee for naturally occurring and accelerator produced radioactive materials (NARM) until Wisconsin can become an agreement state with the U.S. Nuclear Regulatory Commission (NRC). At that point, the rulemaking order proposes to terminate the existing radioactive material registration requirement and associated $36 fee and, instead, regulate all radioactive materials through a licensing program. In addition, ch.
HFS 157 proposes a registration program for certain devices containing radioactive material, purchased under a general license, that is consistent with a new federal registration requirement for the same devices. This new generally licensed device registration requirement would not be implemented until Wisconsin can become an agreement state with the NRC.
The fee structure contained in the proposed rulemaking order would have the following economic impact on radioactive material licensing and generally licensed device registration fees if Wisconsin succeeds in becoming an agreement state with the NRC:
1. Reduce radioactive material licensing fees by a projected average of 40% (compared to 2001 NRC fees) for approximately 215 medical, industrial, and research facilities currently licensed and regulated by the federal government in Wisconsin, while maintaining regulatory quality and public safety.
2. Establish a $100 site fee and $50 per device annual registration fee for generally-licensed devices containing certain types and quantities of radioactive material. These devices are used primarily by manufacturing industries to measure flow through pipes, level of material in containers, thickness of materials or coatings, consistency and uniformity of materials and other parameters. The state fees would replace a $450 annual federal fee for a similar NRC mandated device registration program. The state registration fee will be lower than the federal fee for facilities with six or fewer devices ($400 state fee vs. $450 federal fee). Facilities that choose to specifically license their devices would be exempt from the registration requirement and associated fee. This option can reduce the regulatory cost for facilities with large numbers of devices.
3. Establish licensing fees for approximately 100 facilities utilizing naturally-occurring and accelerator-produced radioactive materials due to the proposed licensing requirement. The current Wisconsin annual radioactive material registration fee is $36. This $36 fee would be terminated, if Wisconsin becomes an agreement state, and replaced with licensing fees. Under the proposed rulemaking order, the fees to obtain a license would range from $200 to $5,000 (depending on type of license desired) for the existing facilities that only utilize NARM.
4. Establish licensing fees for 22 academic facilities (for example, Marquette University and the U.W. System campuses) that are currently licensed by the NRC but exempt from paying NRC fees. These academic facilities will require regulatory oversight necessitating cost recovery. This rulemaking order proposes an academic license category and a $1,000 annual fee to provide regulatory cost recovery and ensure continued educational and research use of radioactive materials. Academic facilities may choose a different type of license, depending upon the number and quantity of radioactive isotopes and type of use desired.
5. Increase licensing fees for 16 facilities, primarily businesses, which are classified as NRC small entities. Small entity status is based upon number of employees and annual revenue. NRC currently provides a radioactive material license to certain small entities at a reduced and subsidized cost of $500 per license. The proposed rulemaking order does not utilize the NRC small entity classification. Proposed state licensing fees would range from $1,400 to $5,000 for existing facilities classified as NRC small entities. Licensing fees in the proposed ch.
HFS 157 are based upon the department's estimate of its regulatory oversight costs.
Development of a Wisconsin radioactive materials licensing/inspection capability is projected to take 3-4 years. State regulation of radioactive materials currently under federal jurisdiction is expected to result in streamlined regulation and overall reduced cost to the regulated community, while maintaining public safety. The SFY 00-01 biennial budget bill approved the first phase of the agreement state effort by authorizing necessary statutory changes, 5.25 FTE position authority and a temporary 36% NRC license surcharge fee to fund development costs. The SFY 02-03 biennial budget request will address the second phase of program development. Program development is projected to conclude in the SFY 04-05 biennium.
The agreement state regulatory program will require 9.5 FTE and an SFY 2004 estimated operating budget of $906,589. Projected SFY 2004 personnel costs are $688,548 with total projected capital, supplies and services of $218,041. Estimated SFY 2004 operating revenue of $1,006,700 is derived by calculating the total annual license fee revenue from the existing NRC licensees and state materials registrants in Wisconsin using the fees in HFS 157. There is insufficient data available to calculate the fiscal effect of the application, amendment and other fees on SFY 2004 operating revenue.
The fiscal effect of an agreement state licensing and inspection program on units of government will be minimal since less than 36 state and local government agencies combined are expected to utilize radioactive materials that will require a license under HFS 157.
Initial Regulatory Flexibility Analysis
The proposed rulemaking order will affect a limited number of small businesses that utilize radioactive materials. The regulatory requirements for radioactive materials contained in the proposed ch.
HFS 157 are compatible with equivalent NRC regulations and will not require any new reporting or record keeping requirements, with the exception of an annual self-inspection form for generally licensed devices. This form is being proposed to improve user awareness of the regulatory requirements that apply to certain generally licensed devices that can contain large quantities of radioactive material. The department estimates that it will take about 10 minutes to complete this form.
Based on NRC licensee data, sixteen of the 253 radioactive material licensees in Wisconsin meet the definition of small business under s.
227.114 (1) (a), Stats. The department will be required to license and inspect current NRC facilities no less stringently than the federal government, and ensure equally high standards of public health and safety in the use of radioactive materials, regardless of facility size or small business classification. Facilities that are `small businesses' as defined in s.
227.114, Stats., cannot be exempted from the proposed fees, or receive a reduced fee, without jeopardizing the department's revenue needed to regulate facilities using radioactive materials. For this reason, the department is not proposing exemptions or alternatives for small businesses to the proposed license fee structure.
Notice of Hearing
Health and Family Services
Hearing Information
The public hearing will be held:
Date & Time Location
October 18, 2001 Room B155
Thursday 1 W. Wilson Street
9:00 a.m. to 12:00 p.m. Madison, WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
The Department's proposed order updates the Department's rules for prevention and control of tuberculosis based on changes made to ss.
252.07 and
252.10, Stats., as created or amended in
1999 Wis. Act 9. These proposed rules would modify subch.
II of ch. HFS 145 to reflect and implement the changes to ch.
252, Stats., made by Act 9. The rulemaking order proposes principally the following changes:
• To specify laboratory procedures for identification of Mycobacterium tuberculosis;
• To specify how the Department will assist local health departments in administration and enforcement of confinement of patients with tuberculosis;
• To establish standards for certification of public health dispensaries;
• To specify record-keeping requirements for public health dispensaries.
• To specify services and reimbursement rates for public health dispensaries; and
The proposed rulemaking order expands the sections on public health dispensaries for the diagnosis and treatment of persons with or suspected of having tuberculosis. The expanded sections specify how the Department will certify public health dispensaries and which dispensary services the Department will reimburse. Local health departments and the Department are authorized by s.
252.10 (1), Stats., to establish public health dispensaries and the Department is authorized by s.
252.10 (6) (b), Stats., to reimburse the dispensaries at the medical assistance program rate for services specified in rule.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write, phone or e-mail:
Tanya Oemig
Bureau of Communicable Diseases
P.O. Box 2969
Madison, WI 53701-2969
If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments received by mail or e-mail at an above address no later than 5:00 p.m., October 26, 2001 will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
These rules add specificity to the statutory requirements enacted by the Legislature and do not create new requirements that would affect expenditures or revenues. All costs of implementing the statutory requirements were taken into consideration by the Legislature during development of
1999 Wisconsin Act 9.
Initial Regulatory Flexibility Analysis
Some of the laboratories may be in hospitals that may be considered “small businesses" as defined under s.
227.114, Stats. However, the requirements contained in the proposed rules elaborate on changes made to ss.
252.07 and
252.10, Stats., that were created or amended in
1999 Wisconsin Act 9. Moreover, the Department considers the procedures specified in the proposed rules to be necessary for the preservation of the public's health. Consequently, the Department is not proposing variations from these procedures and requirements for laboratories that may be considered “small businesses."
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197,
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.014,
29.041 and
29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-24-01(E) pertaining to the 2001 migratory game bird season. This emergency order took effect on September 1, 2001. The significant regulations are:
Ducks – The state is divided into two zones, each with 60-day seasons. This year the northern and southern duck zone seasons will run concurrent. The season begins at noon September 29 and continues for 60 days, closing November 27. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, 2 wood ducks, 2 redheads and 3 scaup. Shooting of canvasbacks is prohibited from September 29 to October 19 and November 9 to November 27. The daily bag limit is one and the canvasback is counted as part of the 6 duck daily bag limit.
Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone – 66 days; Horicon Zone – 94 days; Exterior Zone – 70 days; and Mississippi River Subzone – 70 days. The Burnett County Subzone is closed to Canada goose hunting.
Youth waterfowl hunt – The daily bag limit for Canada geese and canvasback ducks during the 2-day youth waterfowl hunt is created.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 11, 2001 Room 027
Thursday GEF #2
101 South Webster Street,
Madison
at 1:00 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 Jon Bergquist at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Written comments on the emergency rule may be submitted to Mr. Jon Bergquist, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 15, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Bergquist.
Notice of Hearings
Natural Resources
(Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to s.
30.2035, Stats., interpreting s.
30.12 (2) and
(3) (a) 3., Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
II of ch. NR 328, Wis. Adm. Code, relating to permanent breakwaters for control of shore erosion. Several of Wisconsin's large inland flowages exhibit systemic problems related to water level management. One of the most severe problems is loss of their adjacent wetlands. Historically, these wetlands have been protected by summer drawdown (to reestablish emergent plants) or by placing of riprap against the face of the wetland. Permanent breakwaters are another newer approach that protects the wetland from erosion while promoting a natural transition zone. This approach entails the construction of an off-shore, wave-arrestor structure to absorb wave energy which provide a quiet zone behind it. Aquatic plants soon colonize the quite zone and provide a natural transition between the water and the wetland. The wave arrestors are typically linear rock structures placed 50-100 feet of shore, roughly parallel to the shoreline.
This proposed subchapter enables the Department to identify the permanent breakwaters in these limited settings as structures and work with local municipalities to control shore erosion and preserve/restore aquatic habitat. The affected waters include Lake Koshkonong, Petenwell flowage, Castle Rock lake, Big Eau Pleine reservoir, Lake Nokomis ? Rice River reservoir, Lake DuBay, Beaver Dam lake, Lake Buttes des Morts, Lake Poygan, Lake Winneconne, and Lake Winnebago. The purpose of this subchapter is to establish when deposits of material constitute structures (as opposed to fill) for the purpose of controlling shore erosion and to set criteria for determining when structures will be authorized under s.
30.12, Stats.
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:
October 15, 2001 Room 027, GEF #2, 101 South
Monday Webster, Madison
at 3:00 p.m.
October 16, 2001 Schmeeckle Reserve, UW-Stevens
Tuesday Pt., 2419 N. Point Dr., Stevens Point at 3:00 p.m.
October 17, 2001 Room A, James P. Coughlin Center Wednesday 625 E. County Road Y, Oshkosh
at 3:00 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 Paul Cunningham at (608) 267-7502 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 Paul Cunningham, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than October 27, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-31-01] and fiscal estimate may be obtained from Mr. Cunningham.
Fiscal Impact
State Costs:
Subchapter I: The Department anticipates no net increase in costs associated with administering Subchapter I of these proposed rules, only a shift in workload resulting from: 1) less workload associated with long-form permit decisions (site analysis, permit decisions, and contested case hearings); and 2) and offsetting increase in the workload associated with short form review, technical assistance, and application of the rule.
Subchapter II: The Department anticipates no more than one municipal breakwater permit per year as authorized under Subchapter II of these proposed rules. the workload associated with municipal breakwater permit and plan review is estimated to be 100 hours per permit. The annual salary-related costs associated with this permitting and plan review are estimated @ $30 per hour for 100 hours, or $3000 annually. The Department will absorb with workload in its current budget.
Local Costs (Subchapter II only):
Local government costs are permissive only. Currently local units of government do not have the opportunity to place permanent breakwaters on the beds of lakes and flowages through a Department permitting process. Permits for offshore breakwaters may be issued to municipalities for placement in the following water bodies: Lake Koshkonong, Petenwell flowage, Castle Rock lake, Big Eau Pleine reservoir, Lake Nokomis - Rice River reservoir, Lake DuBay, Beaver Dam lake, Lake Buttes des Morts, Lake Poygan, Lake Winneconne, and Lake Winnebago.
These listed waters are generally typified by the following conditions - impounded; 5000 acres and larger; extensive water level fluctuation; high shoreline recession rates; and historic loss of shoreline vegetation. As stated above, the Department anticipates no more than one municipal breakwater permit per year, statewide.
There are no direct fees or costs to local municipalities associated with processing permits. Local municipalities' permissive costs (planning, engineering services) to implement breakwater projects and comply with the administrative rule will vary widely. For purposes of this fiscal note, the Department assumes that local governments applying for municipal breakwater permits have developed management plans. The Department estimates that, on average, a local government would invest up to 300 hours to develop the proposed NR 328 permit application information. Assuming that the local government's costs are $30 per hour, it would incur up to $9000 in costs related to the permit application.
Notice of Hearings
Natural Resources
(Hazardous Waste and Water Supply, Chs.
NR 600— and Chs.
NR 800—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
280.11 (1),
281.11,
281.12 (1),
281.17 (8),
283.001 (2),
291.07 (1) and
(2),
292.31 (3),
293.13 (1) and
(2),
295.35 (2) and
(3) and
227.11 (2) (a), Stats., interpreting ss.
281.17 (8) and
283.001 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 600.03 and
600.04 and the creation of ch.
NR 815, Wis. Adm. Code, relating to the control of underground injection wells. Proposed ch.
NR 815 has been developed in response to new federal rules for Class V injection wells that went into effect on April 5, 2000. The new regulations expanded the definition of an injection well, prohibited the construction or use of a large-capacity cesspool, and prohibited the disposal of waste fluids from the repair or maintenance of motorized vehicles via an injection well.
Proposed ch.
NR 815 utilizes definitions that are consistent with those used in the federal regulations and establishes an injection well classification scheme similar to that used in those states where the U.S. Environmental Protection Agency implements the underground injection control program. The proposed rule provides references to existing requirements already found in other parts of the Wisconsin Administrative Code that apply to the use of injection wells. The proposed rule also adopts prohibitions and injection well reporting requirements that are consistent with those imposed under federal law.
Proposed revisions to ch.
NR 600 modify the current state ban on underground injection of hazardous wastes and allow reinjection at clean-up sites under certain circumstances. The current U.S. EPA rules and policy regarding underground injection of hazardous waste allow this type of reinjection. Underground injection of any hazardous waste is currently prohibited in Wisconsin. The rule revisions provide that the Department can approve the injection of treated, contaminated groundwater that meets the definition of a hazardous waste or contains a hazardous waste if that activity is necessary for the cleanup of soil or groundwater contamination.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
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:
October 17, 2001 Room 027, GEF #2, 101 South
Wednesday Webster Street, Madison
at 1:00 p.m.
October 18, 2001 Room A, Oshkosh Public Library,
Thursday 106 Washington Avenue, Oshkosh
at 10:30 a.m.
October 24, 2001 Room 158, DNR West Central
Wednesday Region Service Center, 1300 W.
Clairemont, Eau Claire
at 1:30 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 Richard Roth at (608) 266-2438 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The Bureau o f Drinking Water and Groundwater believes that the primary fiscal effect of the proposed action will be an increase in the cost of establishing and maintaining a statewide inventory of injection wells. The Bureau currently allocates 36 hours of staff time, at approximately $34 per hour for salary and fringe, to maintain a statewide injection well inventory. The time required to maintain this inventory might triple upon the adoption of the proposed chapter because of an increase in the number of wells reporting. The fiscal impact is likely therefore to be $34 x 72 hours = $2448.
The Bureau used the following assumptions in making its determination:
1. Most underground injection has been prohibited under state administrative rules that were first adopted in the 1930s;
2. State administrative rules governing septic systems, including those that may be classified as injection wells, have been adopted and enforced by the Wisconsin Department of Commerce and its predecessor agencies since the 1980s;
3. State administrative rules enacted as part of the Wisconsin Pollutant Discharge Elimination System (WPDES) program already govern or prohibit the discharge of municipal wastewater, industrial wastes, or other pollutants to subsurface land treatment systems;
4. State administrative rules governing environmental remediation already exist, proposed revisions to ch.
NR 600 will simply clarify existing provisions or extend the beneficial use of injection techniques to cleanup sites dealing with hazardous wastes.
5. An unknown number of large-capacity septic systems and other subsurface land treatment systems may need to submit inventory information because they will be included under the expanded definition of an injection well.
The Bureau expects to absorb the costs of this proposal by renegotiating annual workplan activities with EPA and reallocating staff hours from existing authorized positions.
Written comments on the proposed rule may be submitted to Mr. Richard Roth, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than October 31, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-22-01] may be obtained from Mr. Roth at the above address, by calling (608) 266-2438 or via e-mail at
rothr@dnr.state.wi.us.
Notice of Hearing
Nursing Home Administrator Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Nursing Home Administrator Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
456.02, Stats., and interpreting ss.
456.05,
456.07 (2),
456.08 and
456.10 (1) (d), Stats., the Nursing Home Administrator Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
NHA 1.02 (intro.) and
(3),
2.02 (intro.),
3.02 (5), the Note following ss.
NHA 3.03 (1) (c),
4.01 (1) (d), and the Note following ss.
NHA 4.03 (1); and to create ss.
NHA 1.02 (2n),
(5m) and
5.02 (15) relating to examination, education, continuing education, reciprocity requirements and unprofessional conduct.
Hearing Date, Time and Location
Date: October 18, 2001
Time: 10:00 A.M.
Location: 1400 East Washington Avenue Room 180
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 November 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
In this proposed rule-making order the Nursing Home Administrator Examining Board amends several provisions contained in chs.
NHA 1,
2,
3 and
4, relating to examination, education, continuing education and reciprocity requirements, and creates several provisions relating to unprofessional conduct.
First, the following minor and technical changes are made to the rules for purposes of clarity, grammar, form and style.
1.
Name and address change. The definition of “NAB" found in s.
NHA 1.02 (3), is being revised to reflect the organization's name change. In addition, the note following s.
NHA 3.03 is being revised to reflect NAB's new address.
2.
Application deadline. Section
NHA 2.02 (intro.), requires an applicant to submit an application for examination “60 calendar days prior to the date of examination. This requirement is being eliminated because the board now offers computer-based examinations on a weekly basis.
3.
Continuing education hours. In s.
NHA 3.02 (5), “continuing education credits" is being change to “continuing education hours" to reflect the terminology used in chs.
NHA 1 and
3.
5.
Address change. The note following s.
NHA 4.03 (1) is being revised to reflect the American College of Health Care Administrators' new address.
Second, s.
NHA 1.02 (2n) is being created to define the term “inspection" to mean any type of inspection conducted by the Wisconsin Department of Health and Family Services pursuant to s.
50.04, Stats., or
42 CFR Part 488. Section
1.02 (5m) is being created to define “pattern of serious violations of federal or state statutes, rules or regulations," as that phrase is used in s.
456.10 (1) (d), Stats.
Third, s.
NHA 5.02 (15) is being created to state that it shall be unprofessional conduct for a nursing home administrator to intentionally provide false information to the board in connection with an application for a license or for renewal of a license.
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 Proposed Rule
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) and
458.24, Stats., and interpreting ss.
458.24 and
458.26 (3) (b), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Regulation and Licensing will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on October 1, 2001, the Department of Regulation and Licensing is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Department of Regulation and Licensing
In this proposed rule-making of the Department of Regulation and Licensing, proposes to repeal and recreate ch.
RL 87, Appendix
I, which contains the Uniform Standards of Professional Appraisal Practice (USPAP).
The department proposes to repeal Appendix I which contains the USPAP and recreate it to incorporate by reference the 2002 edition of USPAP. As required under s.
227.21, Stats., the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2002 edition of USPAP into the rules by reference.
Text of Rule
SECTION 1. Chapter RL 87, Appendix I is repealed and recreated:
Appendix I
Uniform Standards of Professional Appraisal Practice
The 2002 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this appendix. The 2002 edition of USPAP is effective January 1, 2002 to December 31, 2002.
After January 1, 2002, copies of the 2002 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, (202) 347-7722. After January 1, 2002, copies of the 2002 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at
http://www.appraisalfoundation.org.
Note: As required under s.
227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2002 edition of the Uniform Standards of Professional Appraisal Practice. After January 1, 2002, copies of the 2002 edition of the USPAP will be on file in the offices of the Department of Regulation and Licensing, the Secretary of State and the Revisor of Statutes.
Fiscal Impact
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 53708-8935, (608) 266-0495.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2),
458.03 and
458.085, Stats., and interpreting ss.
458.06,
458.08,
458.13,
458.24 and
458.26, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order revising chs.
RL 80 to
87, relating to real estate appraisers.
Hearing Date, Time and Location
Date: October 15, 2001
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 133
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 October 22, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
In this proposed rule-making order the Department of Regulation and Licensing amends, renumbers, repeals and recreates numerous provisions contained in chs.
RL 80 to
87, Code, relating to the regulation of certified and licensed appraisers. Significant changes to the current rules are as follows:
1. Section
RL 80.03, Code, is revised to create definitions for “distance education," “FIRREA" and “non-federally related transaction." Several definitions, “ad valorem tax appraisal," “appraisal analysis," “appraisal experience," “feasibility analysis," “fee and staff appraisal," “highest and best use," and “real estate counseling" are being revised to delete references to the applicable version of USPAP. This information is already identified in s.
RL 83.01 (3) (a), Code, which provides that work claimed for appraisal experience must be in compliance with the USPAP “as in effect at the time the appraisals were prepared."
2. Section RL 81.03 (2) (b), Code, is being repealed because in the future the department will obtain written verification of current licensure or certification of appraisers from the Federal Registry established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. Under s.
RL 81.03 (2) (d), Code, an applicant will be required to submit a written statement identifying each state in which he or she practices as an appraiser.
3. Section RL 82.03, Code, is being repealed because the department now reports examination results to candidates as “pass/fail."
4. Section RL 83.02 (2), Code, is being repealed because the department no longer accepts teaching experience as appraisal experience. Section RL 83.02 (3), Code, is also being amended to reflect that teaching experience is no longer acceptable as appraisal experience.
5. Sections RL 84.01 (6) and 85.02 (8), Code, are being repealed and recreated. These revisions are being made to reflect the changes to the requirements for distance education set forth in the Real Property Appraiser Qualification Criteria adopted by the Appraiser Qualifications Board of the Appraisal Foundation.
6. Section RL 86.01, Code, is being repealed because it is not consistent with the Competency Rule contained in USPAP. Section RL 86.01 (6), Code, states that a certified or licensed appraiser shall not offer to perform, nor perform, services which he or she is not competent to perform through education or experience. The Competency Rule provides that prior to accepting an assignment or entering into an agreement to perform any assignment, an appraiser must properly identify the problem to be addressed and have the knowledge and experience to complete the assignment competently, or alternatively, must do all of the following:
a. Disclose the lack of knowledge and/or experience to the client before accepting the assignment.
b. Take all steps necessary or appropriate to complete the assignment competently.
c. Describe the lack of knowledge and/or experience and the steps taken to complete the assignment competently in the report.
Fiscal Impact
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
