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
