Although additional monitoring costs may be imposed upon the state or local government entities that are within the regulated community, the extent of such monitoring and any costs associated with it--while too speculative to quantify at this time--are not expected to be significant. Further, any increased monitoring costs associated with the setting of ESs and PALs for Alachlor ESA and Molybdenum and the lowering of the ES and PAL for Dacthal may be offset by cost savings associated with the relaxing of ESs and PALs for Butylate and Naphthalene. Thus, on balance, the Department believes it is unlikely that there will be additional costs to state and local governments resulting from adopting these groundwater standards.
Notice of Hearings
Natural Resources
(Environmental Protection-Water Regulation
Chs.
NR 300—)
[
CR 02-099]
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.2035 and
227.11 (2) (a), 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.
I to ch.
NR 328, Wis. Adm. Code, relating to shore erosion control standards for inland lakes and impoundments. The proposed rule codifies standards for Department permit decision process for shoreline alternations for erosion control. The rule will prevent or minimize adverse effects of shore erosion construction and achieve consistency in the application of navigable water laws for the construction of shore protection.
Permitting of shore erosion control structures is currently addressed through Departmental guidance. This rule seeks to find a consistent balance between the need of waterfront property owners to limit their erosion and the state's obligation to meet the public interest in protecting lake-edge habitat. The rule encourages erosion control practices (through authorization of short-form permits) that are beneficial to fish and wildlife habitat or can be accomplished by other effective lower impact techniques. This rule will improve consistency in decision-making by developing an assessment of erosion potential by two methods: 1) application of models to storm-wave height conditions; and 2) more specific site-level erosion assessment. The rule also simplifies regulation of shore protection options that have fewer environmentally harmful side-effects and, moreover, are beneficial to fish and wildlife along developed areas.
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:
August 13, 2002 James P. Coughlin Center
Tuesday at 7:30 p.m. 625 E. County Road Y
Oshkosh
August 14, 2002 Schmeeckle Reserve,
Wednesday at 7:30 p.m. UW-Stevens Point
2419 North Point Drive
Stevens Point
August 15, 2002 Room 511, GEF #2
Thursday at 3:00 p.m. 101 South Webster Street
Madison
August 15, 2002 Fox River Room, Arena Bldg.
Thursday at 7:30 p.m. Waukesha Co. Expo Center
1000 Northview Road
Waukesha
August 19, 2002 DNR West Central Region
Monday at 7:30 p.m. Headquarters
1300 W. Clairemont
Eau Claire
August 20, 2002 Polk Co. Special Education School/
Tuesday at 7:30 p.m. Adult Development Center
400 Polk County Plaza
Balsam Lake
August 21, 2002 Sawyer County Courthouse
Wednesday at 7:30 p.m. 10610 Main Street
Hayward
August 22, 2002 Woodruff Town Hall
Thursday at 7:30 p.m. 750 Elm Street (Hwy. 51)
Woodruff
August 26, 2002 Auditorium Room
Monday at 7:30 p.m. La Crosse Co. Admin. Bldg.
400 4th St. North
La Crosse
NOTICE IS HEREBY FURTHER GIVEN that Department staff will conduct an informational meeting on the proposed rule for an hour preceding each public hearing.
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 rules may be submitted to Mr. Paul Cunningham, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than Friday, August 30, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Cunningham.
Fiscal Estimate
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) an 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 this 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
(Environmental Protection-Air Pollution Control, Chs.
NR 400—)
[
CR 02-097]
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1),
285.17 and
285.27 (2), Stats., interpreting ss.
285.11 (10),
285.13 (5),
285.17,
285.27 (2),
285.63 (4),
285.64,
285.67 and
285.69, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
406,
407,
410,
419,
422,
423,
438,
439,
445,
446,
447,
448,
449,
468 and
484, Wis. Adm. Code, relating to the control of hazardous air pollutants and air contaminant inventory report requirements. The revision proposes to add 153 hazardous air pollutants to ch.
NR 445, remove 5 hazardous air pollutants from the current list, and to establish regulatory thresholds, emission standards, permit and emission inventory reporting requirements for the newly listed substances. The revisions propose to establish risk-based thresholds for carcinogens. Emission standards are revised for 116 of the 429 currently listed hazardous air pollutants. The rule revisions are also being proposed to improve the regulatory system. The revisions introduce alternative methods for demonstrating compliance and add measures to reduce, streamline and clarify regulatory requirements.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulator flexibility analysis is as follows:
a. Types of small businesses affected: Small businesses that may emit hazardous air pollutants are affected by this regulation. The regulation creates an “incidental emitter" category which substantially narrows the regulatory responsibility for most non-manufacturing businesses and for those manufacturing businesses that emit less than 3 tons/year of volatile organic compounds and less than 5 tons/year of particulate matter. It is estimated that close to 99% of all establishments in Wisconsin will fall in the “incidental emitter" category.
b. Description of reporting and bookkeeping procedures required: Small businesses that need to limit or reduce their emissions of hazardous air pollutants in order to comply with the emission standards will be required to report the hazardous air pollutant(s), the method used to comply with the applicable emission standard and a description of the records that will be kept on site to verify continuous compliance with the standard. Businesses that work with complex formulations or that frequently change the chemicals that they use may need to keep additional records to track their chemical usage.
c. Description of professional skills required: In some cases, engineering skills will be needed to determine how to comply with the emission standards. However, this is not expected to be the case for most 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:
August 19, 2002 Appleton Public Library
Monday at 4:00 p.m. 225 N. Oneida Street
Appleton
August 20, 2002 Auditorium
Tuesday at 4:00 p.m. Wood County Courthouse
400 Market Street
Wisconsin Rapids
August 22, 2002 Jury Assembly Room
Thursday at 2:00 p.m. La Crosse County Courthouse
333 Vine Street
La Crosse
August 26, 2002 Room 027, GEF #2
Monday at 1:30 p.m. 101 South Webster Street
Madison
August 27, 2002 Room 141
Tuesday at 4:00 p.m. DNR Southeast Region Hdqrs.
2300 N. Dr. Martin Luther King Jr.
Drive
Milwaukee
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 Robert Park at (608) 266-1054 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 Ms. Caroline Garber, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than September 13, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings.
A copy of proposed rule AM-34-02 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Fiscal Estimate
The revisions will affect permit writing and compliance activities. Provisions in the rule will increase some activities and reduce other activities. No additional FTEs are expected to be needed in the Bureau of Air Management or in the regional offices.
The rule revisions may affect a number of state and locally owned facilities. State and locally owned emission units that are out of compliance with new emission limits may incure some compliance costs. Compliance costs are expected to be insignificant for most state and locally owned facilities. These costs are unquantifiable.
Notice of Hearing
Social Workers, Marriage and Family Therapists, and Professional Counselors Examining Board
[
CR 02-105]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and ch. 457, Stats., as repealed and recreated by
2001 Wisconsin Act 80, and interpreting ch. 457, Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to revise the SFC Code relating to the Marriage and Family Therapists, Professional Counselors and Social Work Examining Board.
Hearing Information
Hearing Date, Time and Location
Date: August 12, 2002
Time: 10:00 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 August 12, 2002, to be included in the record of rule-making proceedings.
Copies of the proposed rule order can be obtained from Pamela Haack, 608-266-9495.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and chapter 457, Stats. as repealed and recreated by
2001 Wisconsin Act 80.
This proposed rule-making order implements the statutory changes made as a result of
2001 Wisconsin Act 80, relating to the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
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.
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.
Notice of Hearing
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 16th day of August, 2002, at 9:30 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Under the provisions of
2001 Wis. Act 16, the Department of Veterans Affairs was directed to promulgate administrative rules for the annual disbursement of $100,000 to counties who provide transportation services to veterans but do not receive such services from the Wisconsin Department of Disabled American Veterans. The proposed rules will identify the application procedures and establish the eligibility criteria for the purpose of equitably distributing the $100,000 among the eligible counties.
Initial Regulatory Flexibility Analysis
This rule is not expected to any adverse impact upon small businesses.
Fiscal Estimate
Act 16 appropriated $100,000 for this annual disbursement.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
