In order to protect Wisconsin groundwater, current rules under ch.
ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards. Based on new groundwater test data, this rule expands a current atrazine prohibition area and merges two others into a larger prohibition area.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch.
NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 103 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule enlarges one current prohibition area and merges two others into a larger prohibition area. This will increase the statewide acreage of atrazine prohibition areas by about 11,300 acres. This rule includes maps describing the revised prohibition areas.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface which complies with s.
ATCP 29.45, Wis. Adm. Code.
Fiscal Estimate
The rule will be administered by the Agricultural Resource Management (ARM) Division of the Department of Agriculture, Trade and Consumer Protection (DATCP). The following estimate is based on enlarging 1 existing prohibition area (PA), and merging two other PAs into one larger PA.
Administration and enforcement of the proposal will involve new costs for the department. Specialist and field investigator staff time will be needed for inspections and enforcement in the new PAs (0.1 FTE, cost approximately $4,000). Enforcement activities will be conducted in conjunction with current compliance inspections but at increased levels to ensure compliance with the additional prohibition areas. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the PAs require education to comply with the new regulations.
Soil sampling conducted in the additional PAs to determine compliance with the rules will require an estimated $750 in analytical services. In addition, a public information effort will be needed to achieve a high degree of voluntary compliance with the rule. Direct costs to produce and distribute the informational materials will be $750.
Total Annual Costs: $5,500
The Department anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short term increased interest by individuals requesting samples.
The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is therefore not expected to have any fiscal impact on local units of government. County agricultural agents will likely receive requests for information on provisions of the rule and on weed control strategies with reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.
Initial Regulatory Flexibility Analysis
Businesses Affected:
The amendments to ATCP 30 Appendix A will affect small businesses in Wisconsin. The greatest small business impact of the rule will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 11,300 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 2,825 acres of corn will be affected. Between 10 and 30 producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s.
227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business and the impacts are not further discussed in this document.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance:
The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation would need to be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current atrazine rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current atrazine rule.
Atrazine cannot be used in certain areas of the State where groundwater contamination exceeds the atrazine enforcement standard in s.
NR 140.10 Wis. Adm. Code.
Professional Skills Required to Comply:
The rule affects how much atrazine can be applied and on which fields. Because overall use of atrazine will be reduced in the State, alternative weed control techniques may be needed in some situations. These techniques may include different crop rotations, reduced atrazine rates, either alone or in combination with other herbicides, or combinations of herbicides and mechanical weed control measures.
While alternative weed control techniques are available, adoption of these techniques on individual farms will in some cases require assistance. In the past this type of assistance has been provided by University Extension personnel and farm chemical dealers. In recent years many farmers have been using crop consultants to scout fields, identify specific pest problems and recommend control measures. The department anticipates these three information sources will continue to be used as the primary source of information, both on whether atrazine can be used and which alternatives are likely to work for each situation.
Draft Environmental Impact Statement
The Department has prepared a draft environmental impact statement (EIS) for proposed 2002 amendment to rules on the use of pesticides containing atrazine. Copies are available from the Department on request and will be available at the public hearings. Comments on the EIS should be directed to the Agricultural Resource Management Division, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI, 53708 in care of Jeff Postle. Phone 608/224-4503. Written comments on the EIS will be accepted until November 16, 2001.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15),
101.12, and
101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to elevators and mechanical lifting devices.
The public hearing will be held as follows:
Date, Time Location
November 1, 2001 Third Floor
Thursday Conference Room #3C 10:00 a.m. Tommy G. Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 16, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
Analysis Prepared by Department of Commerce
Statutes Interpreted: Sections
101.12. 101.13 and 101.17
The purpose of chapter Comm 18, Elevator Code, is to protect the safety of the general public and employees using elevators and other mechanical lifting devices in public buildings and places of employment.
The Department is in the process of repealing the requirements in chs.
Comm 50 to
64 and promulgating rules in ch.
Comm 61 to
66 (Clearinghouse Rule number 00-179) as the state Commercial Building Code. These changes include the adoption by reference of the 2000 edition of the International Building Code
® (IBC), the International Energy Conservation CodeTM (IECC), the International Mechanical Code
® (IMC) and the International Fuel Gas Code
® (IFGC). Chapter
Comm 14, Fire Prevention Code, has been modified for fire code issues. The primary reason for revising the requirements in ch.
Comm 18, Elevator Code, is to update cross-references to the Commercial Building Code, chs.
Comm 61 to
65, including specific references to the adopted international codes. Changes are also proposed to eliminate duplicative and conflicting requirements and use terminology consistent with the IBC.
The following major changes are being proposed to the current ch.
Comm 18:
1. The IBC sections 1108.6 and 1108.7 do not recognize the use of an ASME A17.1 Part 5 residential style elevator for use in a public building or place of employment. This will eliminate the rule permitting residential style elevators to be installed in existing churches and numerous rules within ch. Comm 18 that modified the technical requirements for residential elevators. [Comm 18.17 (1) (b) is repealed, and ch. Comm 18, subchapter V (ss. Comm 18.36 through 18.415 are repealed.]
2. Currently, ch.
Comm 18 requires stretcher-sized elevators in any building 4 or more stories in height and in hospitals, nursing homes, and medical clinics, regardless of the number of stories. The IBC section 3002.4 only requires a stretcher-sized elevator to be installed in any building 4 or more stories in height but not in hospitals, nursing homes, and medical clinics that are less than 4 stories in height. A Wisconsin-based requirement will be included to retain the requirement that a stretcher-sized elevator be provided in hospitals, nursing homes, and medical clinics, regardless of the number of stories.[Comm 18.18 (1) (d) and (e) definitions and Comm 18.295]
3. The requirement that a drain or sump must be provided in all elevator pits is eliminated from Comm 18 and is included in IBC chapter 30 relating the construction requirements for elevators. [Comm 18.23 and Comm 62.3004 (2)]
4. Eliminate duplicative construction related accessibility requirements and cross-reference IBC chapter 11 and ICC/ANSI A117.1 standard for consistency. [Comm 18.295 (2), Comm 18.35, Comm 18.74, Comm 18.755 and Comm 18.88 are repealed; See Comm 18.69 (1) (d), (2), and (3) for cross-references]
5. Eliminate the plan review and inspection functions and the technical requirements for hand dumbwaiters. [Comm 18.43 (1)]
The proposed rules have been developed with the assistance of the Elevator Code Council. The members of that citizen advisory are as follows:
Names Representing
Warren Bauer American Institute of Architects, WI Society
Ken Bavery WI State Fire Chiefs' Association
David Koch National Assn. of Elevator Contractors
Bruce Lammi WI Society of Professional Engineers
Steve Lex WI AFL-CIO
Jeff Lund Waupaca Elevator
William Page Accessibility Equip. Manufacturers Assn.
David Rakowski Public
John Zalewski City of Milwaukee
Andrew Zielke National Elevator Industry, Inc.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audiotape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules. Any small business involved with the installation or manufacturing of elevators or mechanical lifting devices will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules. There are no reporting, bookkeeping or other procedures necessary for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules. None known.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 18 and 62. The proposed rules do not contain any changes in the Division?s fees charged for administering and enforcing chapters Comm 18 and 62. The proposed rule changes will not generate any additional workload costs and do not propose any changes in fees paid to the Department. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.13 and
101.132, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to the building construction accessibility requirements.
The public hearing will be held as follows:
Date, Time Location
November 8, 2001 Third Floor
Thursday Conference Room #3C 10:00 a.m. Tommy G. Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 23, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
Analysis Prepared by Department of Commerce
The Department is currently promulgating a revised state Commercial Building Code, chapters Comm 61 to 65, under
Clearinghouse Rule 00-179. That code includes the adoption by reference of the 2000 editions of the
International Building Code® (IBC), the
International Energy Conservation CodeTM (IECC), the
International Mechanical Code® (IMC) and the
International Fuel Gas Code® (IFGC).
The 2000 edition of the IBC contains barrier-free accessibility requirements for buildings and facilities; however, those accessibility requirements have been substantially changed in a 2001 IBC Supplement, to ensure the IBC provides an equivalency or “safe harbor" with federal fair housing design regulations. The Department feels it is important to also adopt the 2001 IBC accessibility changes so designers and owners will be complying with rules that are substantially equivalent to the federal regulations, as well as the state fair housing regulations relating to accessibility in multifamily housing. This proposed rule package on accessibility issues has a projected effective date of July 1, 2002, which will coincide with the projected effective date of the revised Commercial Building Code.
This rule package includes new Wisconsin-based accessibility requirements, along with those that were previously proposed under
Clearinghouse Rule 00-179, and includes all of the requirements in the 2000 IBC and in the 2001 IBC Supplement that relate to accessibility in multifamily housing and commercial facilities. This puts all the accessibility requirements in Wisconsin into one document, which should make the requirements easier to use.
A. The following is a summary of the new Wisconsin-based requirements that are being proposed subsequent to including the IBC in chapters Comm 61 to 65:
1. A Wisconsin-based requirement is included for the 2001 IBC Supplement, chapter 10, that clarifies stairways at exterior areas of rescue assistance must be at least 48-inches wide, and these areas must be identified with signs in accordance with IBC section 1003.2.13.5.5. [Comm 62.1003 (2) (b)]
2. The IBC requires in assembly areas that at least one wheelchair space be provided for every 200 seats over 500 seats, which conflicts with the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). A Wisconsin-based requirement is proposed to require one wheelchair space for every 100 seats over 500 seats in assembly areas, which is consistent with ADAAG 4.1.3 (19). [Table Comm 62.1108-1]
