Tuesday, December 17, 2002 at 2:00 p.m.
Conference Room B139
State Office Building
1 West Wilson Street
Madison, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The early identification of particular congenital and metabolic disorders that are harmful or fatal to persons with the disorders is critical to mitigating the negative effects of such disorders. Therefore, s.
253.13, Stats., requires that every infant born be subjected to blood tests for congenital and metabolic disorders, as specified in administrative rules promulgated by the Department. Parents, however, may refuse to have their infants screened for religious reasons. The Department has issued ch.
HFS 115, Screening of Newborns for Congenital and Metabolic Disorders, to administer this statutory requirement. Currently, s.
HFS 115.04 lists eight congenital and metabolic disorders for which the state hygiene laboratory must test newborn blood samples.
In determining whether to add or delete disorders from the list under ss.
HFS 115.04 and
115.06 directs the Department to seek the advice of persons who have expertise and experience with congenital and metabolic disorders. For this purpose, the Department established the Wisconsin Newborn Screening Umbrella Advisory Group. Section
HFS 115.06 also lists six criteria on which the Department must base its decision to add to or delete disorders from s.
HFS 115.04. These criteria are:
1. Characteristics of the specific disorder, including disease incidence, morbidity and mortality.
2. The availability of effective therapy and potential for successful treatment.
3. Characteristics of the test, including sensitivity, specificity, feasibility for mass screening and cost.
4. The availability of mechanisms for determining the effectiveness of test procedures.
5. Characteristics of the screening program, including the ability to collect and analyze specimens reliably and promptly, the ability to report test results quickly and accurately and the existence of adequate follow-up and management programs.
6. The expected benefits to children and society in relation to the risks and costs associated with testing for the specific condition.
In consideration of these criteria, the Wisconsin Newborn Screening Umbrella Advisory Group recently recommended that the Department add five aminoacidopathies, i.e., amino acid-related disorders, to the eight disorders currently screened for and listed in s.
HFS 115.04. These disorders are:
· Maple Syrup Urine Disease;
· Homocystinuria;
· Tyrosinemia;
· Citrullinemia; and
· Argininosuccinic Acidemia.
Persons with these disorders can experience serious medical consequences such as failure-to-thrive, developmental delays, seizures, mental retardation and death.
The additional costs associated with these five additional screening tests is less than a dollar per baby screened because the amino acids in the blood sample are measured simultaneously with the acylcarnitines for Fatty Acid Oxidation and Organic Acidemias. In the absence of this screening, the Department estimates the annual Wisconsin costs for these disorders to be $144,909. The Department also estimates the annual Wisconsin costs of this screening to be $29,134. Therefore, the cost benefit from these five screening tests is $115,775.
The Advisory Group also recommended that the Department immediately begin screening newborns for these additional disorders. Before this testing can begin, the Department must change its rules to add the five new disorders to the existing list under s.
HFS 115.04. Therefore, the Department issued identical emergency rules that became effective on October 12, 2002. These proposed permanent rules are intended to replace the emergency rules currently in effect.
Fiscal Estimate
This rule change adds 5 amino acid-related disorders to the 8 disorders currently screened for under s. HSS. 115.04. Minimal additional laboratory resources are needed because the amino acids are measured simultaneously with the acylcarnitines for Fatty Acid Oxidation and Organic Acidemias. The additional costs to screen for aminoacidopathies is less than $1.00 per specimen. Therefore, there is no anticipated increase in the surcharge during the proposed five-year pilot phase of adding these tests. The annual Wisconsin costs due to implementation of screening will total approximately $29,000 and will be absorbed by the current lab and surcharge funds.
The Department anticipates a $115,000 savings with early diagnosed and treated patients because they will require less hospitalization and other medical care.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Contact Information
Sonja Blihovde
Division of Public Health
Family Health Section
P.O. Box 2659, Madison, WI 53701-2559
Ph. 608-267-7148 or,
if you are hearing impaired,
1-800-947-3524 (TTY)
Fax 608-267-3824
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the 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 above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Wednesday, December 20, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. ss.
29.014 (1),
29.041,
29.519 (1) (b),
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-47-02(E) relating to commercial and home use fishing for lake trout in Lake Superior. This emergency order took effect on November 1, 2002. This emergency order revised the allocation of lake trout among home use and non-Indian commercial fishers and the Red Cliff and Bad River bands.
The harvest of lake trout from Wisconsin waters of Lake Superior is guided by the 1995 State-Tribal Lake Superior Agreement among the Department and the Red Cliff and Bad River Bands of Lake Superior Chippewa. Wisconsin waters of Lake Superior are divided into two management areas, W-1 and W-2. The agreement was recently amended to change the allowable harvest of lake trout. The harvest limit for W-1 will remain at 14,500. In W-2, the harvest limit will be increased from 89,900 to 112,100.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Friday, December 13, 2002 at 10:00 a.m.
Room 511, 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 William Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The department does not expect these revisions to have a fiscal impact at the state or local level.
Contact Information
Written comments on the emergency rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 20, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-47-02E] may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Environmental Protection-General
Environmental Protection-Water Supply)
[
CR 02-134]
NOTICE IS HEREBY GIVEN that pursuant to ss.
160.21,
160.257,
280.11 (1),
281.11,
281.12 (1) and
281.17 (8), Stats., interpreting s.
160.257, Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 140.05,
140.22,
811.02 and
811.87, Wis. Adm. Code, relating to groundwater quality standards and the development of an aquifer storage recovery (ASR) well or the operation of an ASR system by a municipal water utility. The Natural Resources Board recently adopted revisions to ch.
NR 811 that establish design and management criteria for aquifer storage and recovery (ASR) systems. Chapter
160, Stats., has been revised to create s.
160.257, Stats., which establishes a point of standards application around ASR wells for chloroform, bromodichloromethane, dibromochloromethane and bromoform groundwater quality standards. This point of standards application is 1,200 feet from an ASR well and at any other well located within 1,200 feet of an ASR well.
Amendments are proposed to ch.
NR 140 to incorporate the
chloroform, bromodichloro-methane, dibromochloromethane and bromoform points of standards application for ASR wells established under s.
160.257, Stats., and to establish an ASR system design management zone at the same distance from an ASR well as the system displacement zone (aquifer storage zone) allowed under ch.
NR 811. Amendments are proposed to ch.
NR 811 to allow an ASR system displacement zone to extend to a maximum distance of 1,200 feet from an ASR well.
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:
Friday, December 13, 2002 at 11:00 a.m.
Green Bay State Office Building
Room 152A
200 North Jefferson
Green Bay
Monday, December 16, 2002 at 11:00 a.m.
Common Council Chambers
Oak Creek City Hall
8640 South Howell Ave.,
Oak Creek
Tuesday, December 17, 2002 at 1:30 p.m.
DNR Customer Service Licensing Conference Room
3rd floor, GEF #3
125 S. 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 William Phelps at (608) 267-7619 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
ASR systems must be designed and operated to comply with state groundwater quality standards applicable points of standards application and monitoring may be required to confirm compliance. The department does not anticipate significant additional costs to the regulated community associated with these rule revisions. Any additional monitoring costs to the regulated community should be minimal and the workload of state regulatory agencies should also not change substantially. The department believes that it is unlikely that there will be significant additional costs to state and local governments resulting from adoption of these rule revisions.
Contact Information
Written comment on the proposed rule may be submitted to Mr. William Phelps, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than December 20, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-44-02] and fiscal estimate may be obtained from Mr. Phelps.
Notice of Hearing
Natural Resources
(Environmental Protection-Water Regulation)
[
CR 02-048]
NOTICE IS HEREBY GIVEN that pursuant to ss.
31.385 (1m) and
227.11 (2) (a), Stats., interpreting s.
31.385, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch.
NR 336, Wis. Adm. Code, relating to the small and abandoned dam removal grant program. The proposed rule establishes procedures to implement the grant program. Applications for small dam removal grants may be made by any municipality, public inland lake protection district or private individual which owns a dam. The grant will fund 50% of the eligible project costs up to a maximum state contribution of $50,000. Applications for abandoned dam removal grants can be made by any person who has legal access to the property containing the dam for the purpose of removal. The grant will fund 100% of the eligible project costs.
