Rule-Making Notices (Hearing Notices)

Friday, October 11, 2002 at 9:00 a.m.

Room 611A, GEF #2

101 South Webster Street, Madison

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 Michael Prager at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Fiscal Estimate for State Costs:

There will be a one-time cost to develop this rule. At a rate of $22 per hour for 800 hours, plus a 39% fringe rate, the total one time cost would be approximately $25,000.

It will take one FTE's worth of time to implement this program on an annual basis. At a rate of $22 per hour for 2080 hours, plus a 39% fringe rate and $4000 allotted for supplies and travel, the total cost would be approximately $68,000. This time will be absorbed into the current staffing levels.

Fiscal Estimate for Local Government:

Local governments have the option for applying for a portion of the $1 million available for this grant program. There will be a match required that must be paid during the grant period by either the local governmental unit or a cooperating non-profit organization. The match level depends upon the grant request, and is 20% for grants up to $50,000, 35% for grants greater than $50,000 and below $100,000, and 50% for grants above $100,000. A grant award cannot exceed $200,000. Without this grant, communities would be paying 100% of these costs.

Written comments on the emergency rule may be submitted to Mr. Michael Prager, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than October 11, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [RR-38-02 (E)] may be obtained from Mr. Prager.

Notice of Hearing

Natural Resources
(Environmental Protection-General)
[CR 02-114]

NOTICE IS HEREBY GIVEN that pursuant to s. 292.65, Stats., interpreting s. 292.65, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of ch. NR 169, Wis. Adm. Code, relating to the reimbursement of response action costs for response actions taken at eligible dry cleaning facilities. Chapter NR 169 outlines the procedures for owners and operators of dry cleaning facilities to obtain cost reimbursement for cleanups conducted under the NR 700 rule series. This rule identifies eligible applicants and eligibility requirements for owners and operators taking immediate action, interim actions, site investigations and remedial actions. For eligible applicants taking immediate actions, the applications for reimbursement will be processed in the order in which they are received. The Department does not anticipate a shortage of funding for immediate response action costs. In addition, the procedures for reimbursement are streamlined because of the limited actions that would qualify under this response action phase.

For eligible applicants seeking reimbursement for interim actions, site investigations and remedial actions, the rule specifies requirements for eligible actions (including bidding requirements) as well as procedures applicants must follow to obtain reimbursement. We anticipate that within this biennium, the funds available for reimbursements to dry cleaners will not be able to meet demand. The rule establishes the allocation of funds based on the environmental priority of the site (25% for high priority, 60% for medium priority and 15% for low priority sites). Reimbursements are made within those categories based on the order in which applications are received. In addition, the rule reiterates the statutory requirements for maximum award limits and deductibles which the owners or operators of the facility must pay. In addition, the rule reiterates statutory requirements for pollution prevention and licensing requirements for dry cleaning facilities. The rule also contains cost-control measures as part of the bidding requirements for consultants conducting the response actions at dry cleaner sites.

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. The Department anticipates that this rule will provide economic relief to small dry cleaning businesses because eligible costs that they now would incur cleaning up environmental contamination may be eligible for reimbursement from this fund when moneys are available.

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 hearing will be held on:

Tuesday, October 22, 2002 at 9:00 a.m.

Video conference participation will be available at:

Room 332, Pyle Center, 702 Langdon Street, Madison

Room 139, State Office Building, 718 W. Clairemont Ave., Eau Claire

Room 1, DNR Regional Headquarters, 107 Sutliff Avenue, Rhinelander

Room 98, State Office Building, 819 N. 6th Street, Milwaukee

Room 618, State Office Building, 200 N. Jefferson Street, Green Bay

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 Robin Schmidt at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed rule changes will have no fiscal effect.

Written comments on the proposed rule may be submitted to Ms. Robin Schmidt, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than November 1, 2002. Comments may also be faxed to Ms. Schmidt at [phone]. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR-41-02] and fiscal estimate may be obtained from Ms. Schmidt.