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
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
443.06 (2) (am), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to amend s.
A-E 6.04 (2) (b), relating to the number of required semester credits in land surveying for an applicant applying with a bachelor's degree in civil engineering.
Hearing Date, Time and Location
Date: November 12, 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 25, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Current rules of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors require a land surveyor applicant applying with a degree in civil engineering of not less than 4 years duration from a college or university, to have only 12 credits in courses concentrating on land surveyor education. The proposed rule will require a candidate to complete core land surveying courses that the Land Surveyors Section deems necessary as the minimal competency educational standard for the protection of the health, safety and welfare of the citizenry of Wisconsin.
Text of Rule
SECTION 1. A-E 6.04 (2) (b) is amended to read:
A-E 6.04 (2) (b) Received a bachelor's degree in civil engineering of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state where the college or university is located. The curriculum shall include no less than 12 24 semester credits in courses concentrating on the legal principles of land surveying and the technical aspects of land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin statutes and local ordinances relating to the preparation of subdivision maps and plats.
Fiscal Estimate
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.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Chir 4.03; and to create s.
Chir 4.02 (3), relating to paraphysiological space and the practice of chiropractic.
Hearing Date, Time and Location
Date: November 15, 2001
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 30, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by Department of Regulation and Licensing
In a recent opinion of the Attorney General regarding the practice of chiropractic, the definitions of chiropractic that appear in s.
446.01 (2), Stats., and ss.
Chir 4.02 and
4.03, contain general language which does not provide specific guidance to chiropractors and to practitioners of other professions. In this proposed rule-making order the board creates additional, more specific language.
Text of Rule
SECTION 1. Chir 4.02 (3) is created to read:
Chir 4.02 (3) “Paraphysiological space" means the range of motion of a skeletal articulation that exceeds voluntary movement but does not exceed anatomical integrity.
SECTION 2. Chir 4.03 is amended to read:
Chir 4.03 Practice. The practice of chiropractic is the application of chiropractic science in the adjustment of the spinal column, skeletal articulations and adjacent tissue which includes diagnosis and analysis to determine the existence of spinal subluxations and associated nerve energy expression and the use of procedures and instruments preparatory and complementary to treatment of the spinal column, skeletal articulations and adjacent tissue. Diagnosis and analysis may include physical examination, specimen analysis, drawing of blood, blood-analysis and the use of x-ray and other instruments. Any procedure that causes a joint structure of the spine or pelvis to enter the paraphysiological space is a practice of chiropractic.
Fiscal Estimate
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.
Notice of Hearings
Notice is hereby given that pursuant to s. 146.5 (6m) and (13) (b) and (c), Stats., the Department of Health and Family Services will hold public hearings to consider the repeal and recreation of Ch.
HFS 111, Wis. Adm. Code, relating to the licensing of emergency medical technicians-intermediate.
Hearing Information
The public hearings will be held:
Date & Time Location
November 12, 2001 Room B155
