Scope statements
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions; Atrazine Pesticides. Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect new groundwater-sampling results related to atrazine obtained during the past year. Review the restrictions on the timing of atrazine applications. Renumber and reorganize current rule, as necessary.
Policy Analysis
Under the Wisconsin Groundwater Law, ch.
160, Stats., the department must regulate the use of pesticides to assure compliance with groundwater standards established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3 mg/liter for atrazine and its chlorinated metabolites.
Under s.
160.25, Stats., the department must prohibit pesticide uses that result in groundwater contamination levels that violate the DNR enforcement standard. The department must prohibit pesticide use in the area where the groundwater contamination has occurred unless the department determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently under ch.
ATCP 30 the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, the department may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with the Groundwater Law, the department must take further action to prohibit or regulate atrazine use in the areas where these wells are located. The department proposes to amend ch.
ATCP 30 to add or repeal prohibition areas or take other appropriate regulatory action in response to any new groundwater findings. The department also plans to review the statewide restriction on the timing of atrazine product applications. Current rules limit the application of atrazine products to the time period between April 15 and July 31 of each year.
Policy alternatives
No Change. If the department takes no action on this proposed rulemaking, the existing ch.
ATCP 30 Pesticide Product Restrictions promulgated in June, 2002 will apply. However, the department would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet the department's obligations under the Groundwater Law. Conversely, the department would be unable to repeal the current restrictions on atrazine use where indicated by groundwater findings.
Statutory authority
Staff time required
The department estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes investigation; drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. The department will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Fertilizer Bulk Storage.
Objective of the rule. Update ch.
ATCP 32 fertilizer bulk storage rule to prevent fertilizer spills and reflect changing fertilizer bulk storage practices. Reorganize and clarify ch.
ATCP 32 to make it easier for persons storing bulk fertilizer to understand and comply with the applicable requirements.
Policy analysis
The ch.
ATCP 32 fertilizer bulk storage rule took effect in January, 1986. The department proposes to update the rule to address changes in the bulk storage industry and to strengthen existing provisions of the rule that protect the environment and waters of the state from harm due to contamination by fertilizer. Some current rule provisions are no longer needed and could be eliminated. The department may also renumber or reorganize the rules, as necessary.
The department is also proposing to update a number of closely related rules, including ch.
ATCP 33 (Pesticide Bulk Storage) and ch.
ATCP 35 (Agricultural Chemical Cleanup Program). The department has prepared separate scope statements for the other rules.
Policy alternatives
Do nothing. By failing to strengthen the rules requiring environmental protection, the department will continue to lack the legal redress to ensure that bulk storage facility operators take the necessary action to limit or eliminate contamination due to fertilizer.
Statutory authority
The department proposes to modify the current ch.
ATCP 32 fertilizer bulk storage rules under authority of s.
94.645 (3), Stats.
Staff time required
The department estimates that it will use approximately 0.2 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussion, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Pesticide Bulk Storage.
Objective of the rule. Update ch.
ATCP 33 pesticide bulk storage rule to prevent pesticide spills and reflect changing pesticide bulk storage practices. Reorganize and clarify ch.
ATCP 33 to make it easier for persons storing bulk pesticide to understand and comply with the applicable requirements.
Policy analysis
The ch.
ATCP 33 pesticide bulk storage rule took effect in January, 1986. The department proposes to update the rule to address a minor number of changes in the bulk storage industry and to strengthen existing provisions of the rule that protect the environment and waters of the state from harm due to contamination by pesticides. Some current rule provisions are no longer needed and could be eliminated. The department may also renumber or reorganize the rules, as necessary.
The department is also proposing to update a number of closely related rules, including, ch.
ATCP 32 (Fertilizer Bulk Storage) and ch.
ATCP 35 (Agricultural Chemical Cleanup Program). The department has prepared separate scope statements for the other rules.
Policy alternatives
Do nothing. By failing to strengthen the rules requiring environmental protection, the department will continue to lack the legal redress to ensure that bulk storage facility operators take the necessary action to limit or eliminate contamination due to pesticides.
Statutory authority
The department proposes to modify the current ch.
ATCP 33 pesticide bulk storage rules under authority of s.
94.645 (3), Stats.
Staff time required
The department estimates that it will use approximately 0.2 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussion, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
The Agricultural Chemical Cleanup Program.
Objective of the rule. Revise current ch.
ATCP 35 to protect groundwater and improve the agricultural chemical cleanup reimbursement program.
Policy analysis
Ch.
ATCP 35 provides rule requirements for the agricultural chemical cleanup program under s.
94.73, Stats. Under the cleanup program, the department may order responsible persons to clean up agricultural chemical spills that may harm the environment. Persons who clean up agricultural chemical spills may qualify for state reimbursement of a portion of the cleanup costs, subject to rules specified in ch.
ATCP 35.
Ch.
ATCP 35 has been in effect since September, 1994. Some of the rule's current cost control provisions appear to be confusing, or are inadequate to ensure that responsible persons will initiate effective clean up efforts. By modifying the cleanup rules, the department hopes to increase participation in the program and reduce cleanup delays.
The department is also proposing to update a number of closely related rules, including ch.
ATCP 32 (Fertilizer Bulk Storage) and ch.
ATCP 33 (Pesticide Bulk Storage). The department has prepared separate scope statements for the other rules.
Policy alternatives
Do nothing. This would result in continued delay of certain cleanups. It would also impose unnecessary financial burdens on persons who wish to clean up contaminated sites.
Statutory authority
The department proposes to modify ch ATCP 35, Wis. Adm. Code under authority of ss.
93.07 and
94.73 (11), Stats.
Staff time required
The department estimates that it will use approximately 0.2 FTE staff time to develop these rule changes. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussion, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Subject
Review of national examination results for professional engineers.
Objective of the Rule. To eliminate the option included in s.
A-E 4.08 (7) for examinees to request a review of their national examination results.
Policy analysis
The proposed rule modification will modify Wisconsin policy and practice to be consistent with the majority of other states in the country. This will eliminate the current reciprocal problems Wisconsin candidates experience when attempting to relicense in another state. Additionally, the proposed change will result in a more secure environment for national examination materials.
Statutory authority
Staff time required
100 hours.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Subject
Sanctions for cheating on examinations for professional engineers.
Objective of the Rule. The proposed rule will increase the penalties for cheating on examinations.
Policy analysis
The proposed rules will authorize the board to prohibit examinees from writing for as many as the next six scheduled examinations after the examination during which the cheating occurred. The number of examinations the examinee would be prohibited from writing would be determined by the board and based upon the seriousness of the cheating offense.
Statutory authority
Staff time required
100 hours.
Natural Resources
Subject
Chapter
NR 20 pertaining to fishing regulations on inland waters, particularly the proposed bass regulation change for the Lower Wisconsin River.
Policy analysis
A proposal to increase the minimum length limit from 14" to 18" for bass on the Lower Wisconsin River (LWR) downstream from the Prairie du Sac dam was presented and voted upon at the 2002 Spring Fish and Game Hearings. The proposal was supported statewide and in the South Central Region by the popular vote. However, the lower 4 counties that border the LWR (Iowa, Richland, Grant, Crawford) opposed the proposed change. The Bureau of Fisheries Management and Habitat Protection (FH) supported the proposal and recommended adoption at the May NRB meeting. The Wisconsin Conservation Congress opposed the proposal and recommended that the NRB not adopt the rule at the May NRB. The Board directed the Department to work out a compromise with the public and come back to the Board.
A public meeting has been scheduled for December 10 in Dodgeville to gather public input into alternative regulations for bass on the LWR. A revised proposal will likely be developed with input from that meeting and submitted to the FH Bureau.
These proposed fishing regulation changes would affect and be of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
Chapters
NR 20 pertaining to fishing regulations on inland waters and NR 22 pertaining to fishing regulations on Wisconsin-Iowa boundary waters.
Policy analysis
The Department is beginning the administrative process of developing fishing regulation changes that we anticipate recommending for the 2003 Spring Fish and Wildlife Rules Hearings.
A variety of fishing regulation changes have been proposed by Fisheries and Law Enforcement staff and approved through joint review, which are being developed for inclusion in the 2003 Spring Hearings. At this time, we anticipate recommending the following proposals which are of statewide interest: modifying of fishing seasons to end on a Sunday rather than a specified date, increasing the minimum length limit to 50" for muskellunge on several lakes in Oneida and Vilas counties, modifying the hook and line sturgeon fishing regulations by naming waters open to hook and line sturgeon fishing with any water not named having no open season, closure of shovelnose sturgeon fishing on the Lower Chippewa and Red Cedar Rivers, modifications to the upriver lakes lake sturgeon spearing season, reduction of daily bag limit for walleye and sauger to 6 in total for the Mississippi River WI-IA boundary waters, establishment of a 20-27" protected slot for walleye in Pool 12 Mississippi River WI-IA boundary waters, creation of season fishing refuges in the tailwaters below locks 10 and 11, creation of a permitting system for public tagging of fish. We anticipate 12 local questions and 1 advisory question.
These proposed fishing regulation changes would affect and be of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing.
Statutory authority
Sections. 29.014, 29.041, and 227.11, Stats.
Staff time required
Approximately 220 hours will be needed by the Department.
Natural Resources
Subject
No rule making is being proposed. This scope statement concerns an annual laboratory certification fee adjustment as authorized under s.
NR 149.05 (1) (b), Wis. Admin. Code, as well as presentation of the Department's Registered Laboratory of the Year Awards.
Policy analysis
The Laboratory Certification Program is seeking the Natural Resources Board's approval of the proposed FY 2004 laboratory certification fee adjustment, pursuant to s.
NR 149.05, Wis. Adm. Code. The Program is funded by the annual fees charged to all certified and registered laboratories. Annual fees are determined using the formula promulgated in s.
NR 149.05 (1) (b).
The Program certifies and registers approximately 475 laboratories. All will be affected by the proposed fee adjustment. Laboratories are billed each year in May. The fee adjustment approval and laboratory billing process has progressed smoothly in past years, and no significant changes or problems are anticipated for FY 2004.
Per s.
NR 149.05 (1) (b), the Program will present the proposed fee adjustment proposal to the Laboratory Certification Standards Review Council for review prior to seeking Board approval. The Council is created under s.
15.107 (12), Stats., and is charged with review of the Program and its policies. Council members are appointed by the Department of Administration, and represent a cross-section of Program stakeholders. The Council's comments regarding the Program's fee adjustment proposal will be summarized and addressed in the Green Sheet background memo. The Council has historically supported Program fee adjustments, and their support for the FY 2004 proposal is anticipated as well.
This Scope Statement also includes presentation of the 2003 Registered Laboratory of the Year Awards, which recognize outstanding registered laboratories for their commitment to producing quality data.
Statutory authority
Staff time required
The Department will spend approximately 100 hours developing these materials.
Natural Resources
Subject
Creation of ch.
NR 460 Appendix NNNN and ch.
NR 465 Subchapter
III to incorporate the national emission standard for hazardous air pollutants (NESHAP) into the Wisconsin Administrative Code for the Surface Coating of Large Appliances category. Amendments to ch.
NR 465 to implement a rules organization plan using subchapters for individual NESHAP.
Policy analysis
This NESHAP establishes maximum achievable control technology (MACT) requirements and became effective on July 23, 2002 when it was published by the US EPA. This standard applies statewide and affects those facilities that are involved in the surface coating of large appliances and that are major sources of federal hazardous air pollutant emissions.
Section
285.27 (2), Stats. requires that the Department promulgate NESHAP by rule. Since initial estimates indicate this standard affects 10 or more facilities, promulgation into state rule is consistent with the MACT Streamlining Policy adopted by the Natural Resources Board. While some changes to the federal rule language and organization may be necessary to accommodate state administrative rule procedures, no substantive changes will be proposed and the state rule will be essentially equivalent to the NESHAP.
Statutory authority
Staff time required
The Department will need approximately 400 hours of total staff time.
Pharmacy Examining Board
Subject
Modify Wis. Admin. Code s.
Phar 2.03 (4) to allow an applicant to be admitted to the practical examination under the same parameters as admission to the NAPLEX and multi-state pharmacy jurisprudence examinations.
Objective of the rule. To make admission requirements for all required professional examinations consistent to simplify and streamline the application process.
Policy analysis
Current Wis. Admin. Code s.
Phar 2.03 (4) prohibits an applicant from being admitted to the practical examination prior to completion of the applicant's internship in the practice of pharmacy. Admission to the NAPLEX and multi-state pharmacy jurisprudence examination is permitted if the applicant has obtained certification by the foreign pharmacy graduate examination committee and being within 360 credit hours of completing an internship in the practice of pharmacy or 60 days before graduation form a school or college of pharmacy approved by the board. The different requirement for admission to the practical examination potentially penalize applicants who are otherwise professionally prepared to take the practical examination under the same requirements for the other two required professional examinations.
Statutory authority
Staff time required
It is estimated that 100 hours will be needed to amend the rules.
The proposed rules will have no affect on the budget, staff or uniform policies or procedures of the Department of Regulation and Licensing.
Revenue
Subject
Administrative Rule Tax 12.075, relating to the Notice of Assessment.
Administrative Rule Tax 12.50, relating to exempt solar and wind energy systems.
Objective of the Rule. The objective of modifying Tax 12.075 is to update the rule governing the format of the Notice of Assessment. This is caused by revisions to s.
70.365, Stats., required by the passage of
1997 Wisconsin Act 237. In addition, the department will be able to simplify the process in prescribing such form with the proposed changes to subs. (2) and (3)
The objective of the revisions to Administrative Rule 12.50 is to update the rule concerning the validation of solar energy and wind energy systems exemption claims, outlined in Wisconsin Statutes 70.11 and 70.111 (18). This is caused by the passage of
1995 Wisconsin Act 27, and
1997 Wisconsin Act 237.
Policy analysis
Rule 12.075 should reflect changes to Wisconsin Statute 70.365. Wisconsin Act 237 of 1997, s. 279bs, states that the assessor shall notify the taxpayer via Notice of Assessment if there is any change of the assessment, while previously it was only required if the change was $300 or higher. The Notice shall also contain the time, date and place of the board of review or of the board of assessors. The proposed changes in subsections (2) and (3) will give the department authority to prescribe the Notice of Assessment in a single format, which will contain the information required in subs. (1). Tax 12.075 (4) should be changed to reflect the revisions in subs. (1), (2), and (3). Modification of Administrative Tax 12.075 will eliminate the contradictions between the rule and the law, which will otherwise exist, and it will simplify administration of the law.
Tax 12.50 (3)(b) should reflect changes to Wisconsin Statute 70.11, due to
1997 Wisconsin Act 237, s.
278t, which states that a claim for exemption shall be submitted to the assessor no later than March 1, while the Tax 12.50 (3)(b) currently indicates an April 1 deadline. Modification of this rule will eliminate contradiction between the rule and Wisconsin Statute 70.11.
Tax 12.50 (4) should be removed to reflect changes to Wisconsin Statute 70.111 (18). The
1995 Wisconsin Act 27, s.
3348n, removes the exemption sunset date of December 31, 1995. Deletion of Tax 12.50 (4) will provide consistency with Wisconsin Statutes.
Statutory authority
Staff time required
The Department estimates it will take approximately 80 hours to develop these rule orders.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 403, relating to the Loan Repayment Incentive Grant Program, to conform to the statutory changes of s.
85.107, amended by
2001 Wis. Act 16 (the 2001-03 biennial budget act). The changes will allow the Department to recruit and select from an expanded class of recipients for program inclusion under any underutilized classification, not just the Civil Engineering classification.
Policy analysis
Section
85.107, Stats., relating to the Scholarship and Loan Payment Incentive Grant Program, allows for the assistance in improving the representation of targeted group members within job classifications in which targeted group members are underutilized in the Department.
Ch.
Trans 403 currently exists to allow for Minority Civil Engineering recipients to participate in the Loan Repayment Incentive Grant Program. Bringing the rule into compliance with s.
85.107, Stats., will allow the Department to expand the recruitment search for program inclusion to place individuals in any underutilized position in the Department.
Statutory authority
Staff time required
Approximately 20 hours.
Workforce Development
Subject
Annual adjustment of thresholds for application of prevailing wage rates.
Objective of the rule. When a state agency or local governmental unit constructs a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49, Stats., set initial estimated project cost thresholds for application of prevailing wage rates and requires that DWD adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the threshold adjustment is based on changes in the construction cost index published in the Engineering News-Record, a construction trade publication.
Policy analysis
The current threshold for application of the prevailing wage for a single-trade public works project is $36,000 and the current threshold for a multi-trade public works project is $175,000. The proposed thresholds are $37,000 for a single-trade public works project and $180,000 for a multi-trade public works project based on a 2.7% increase in the construction cost index for calendar year 2002.
Statutory authority
Sections. 66.0903 (5) and 103.49 (3g), Stats.
Staff time required
Less than 20 hours.
