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.
