Register 571B: Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 571, 7/31/2003

Rule-making notices

Notice of Hearing

Accounting Examining Board

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Wis. Stats., and interpreting ch. 442, Wis. Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal Accy 1.103, 1.202 (2), 1.203 (2), 1.302 (1), 1.405 (1) (c), 4.04, 4.05, 4.07, 4.09 (2) (d), 4.10, 5.01 and 5.04 to 5.07; to amend Subchapter I (title), 1.102, 1.201 (1), (1) (a) to (d), (e) and (e) 1.a., 1.202 (1), 1.203 (1), 1.204, 1.205 (title), (intro.), (1) to (3), 1.301 (1), (2) (d), (4) (intro.) and (4) (a), 1.302 (2) to (6), 1.401 (1), (2) (intro.), (2) (a) (intro.), (2) (am) (intro.), (2) (am) 1., (2) (am) 1., (2) (an), (2) (ao), (2) (b) (intro.), (2) (bm) and (2) (c), 1.402, 1.404 (1), (2) (a), (2) (a) 2., (2) (a) 3., (2) (b) 2., (2) (b) 3., (2) (c) and (d), 1.405 (1) (a), (2), (3) (intro.) and (3) (a), 1.406, 4.01, 4.02 (title) and 4.02, 4.03 (title) and 4.03, 4.035 (title) and (1) (intro.), 4.06, 4.09 (1), 5.02, 5.03 (title), (1) and (2), 5.08 (1) and (4), 5.09, 5.11, 5.12, 7.035 (intro.), 7.05 (1) (a) 3. and 8.04 (3); to repeal and recreate Accy 1.001 and 1.002; and to create Accy 1.003, 4.037, 5.03 (2) (a) to (c) relating to definitions, deleting antiquated provisions related to public accountants, and changes to the requirements for individual and firm certified public accountant licenses.

Hearing Date, Time and Location

Date: August 15, 2003

Time: 9:30 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 22, 2003 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes Authorizing promulgation: Sec. 15.08 (5) (b) and 227.11 (2), Wis. Stats.

Statutes interpreted: Ch. 442, Wis. Stats.

This proposed rule-making order of the Accounting Examining Board (Board) makes terminology and other changes to the rules to clarify the rules and conform the rules to the changes made in Wis. Stat. ch. 442 by 2001 Wisconsin Act 16.

As reflected in the current Wis. Stat. ch. 442, 2001 Wisconsin Act 16 deleted antiquated provisions related to public accountants and made changes to the requirements for individual and firm certified public accountant (CPA) licenses. Among other changes, 2001 Wisconsin Act 16 required an applicant for a CPA certificate to have one year of public accounting experience or its equivalent instead of two years as previously required. The act permitted limited ownership firms by persons who are not licensed as CPAs.

In general, the proposed rules:

• Remove the term “public accountant" from the rules. Public accountants are no longer licensed following enactment of Sections 3606pb through 3606vz of 2001 Wisconsin Act 16,

• Use the term “certified public accountant" in place of “accountant."

• Modify restrictions on firm names to reflect the law change permitting part ownership of firms by unlicensed individuals in Section 3606tn of 2001 Wisconsin Act 16.

• Revise the applicant experience requirement to reflect the statutory change to “. . . at least one year of public accounting experience or its equivalent, the sufficiency of the experience or the equivalency to be judged by the examining board. Wis. Stat. s. 442.04 (5).

Sections Accy 1.001 and 1.002 on applicability of the rules is repealed and recreated in order to clearly and affirmatively describe the responsibilities of a CPA. A CPA shall follow the administrative rules of the examining board. A certified public accountant may also be held responsible for compliance with the rules of the examining board by an associate in a firm who is under his or her supervision or who is a member of the firm. Persons with ownership interest in a CPA-related business must also follow the rules of the Board in the operation of the CPA-related business. A person who operates a business and is licensed as a CPA and who holds out as a CPA shall follow the rules of the Board in the operation of any business.

Proposed Wis. Admin. Code s. Accy 1.003 defines the terms “attest service," “attest engagement," “attest engagement team," “audit," “client," “close relative," “commission," “council," “covered member," “CPA-related business," “financial statement," “firm," “holding out," “immediate family," “individual in a position to influence the attest engagement," “joint closely held investment," “key position," “loan," “manager," “member," or “member of a firm," “office," “partner," “practice as a certified public accountant," “professional services" and “significant influence."

Standards identified in Wis. Admin. Code s. 1.202 (2) and 1.203 (2) are repealed because these interpretations are included in existing standards, viz. Wis. Admin. Code s. 1.205.

Modifications are made throughout the Board's rules to correct capitalization of proper nouns.

Fiscal Estimate

This rule modification updates the terms in the Rules of the Accounting Examining Board. The Department of Regulation and Licensing will revise and reprint books of the Administrative Code. Revising code books costs $500.00 for staff time and materials to revise the printed code and post on the Department's web site.

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.

Copies of Rule and Contact Person

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495

Notice of Hearing

Administration/Gaming Division

(CR 03-070)

Notice is hereby given that pursuant to ss. 16.004 (1), 227.11 (2) (a), 562.02 (1), 562.04 (2), 562.05 (2), 562.057 (5), 562.065 (1), and 562.09 Stats., and interpreting ss. 562.02 (1), 562.04, 562.05 (6) (e) 2., 562.057 (4m) (b), 562.065, 562.06 (2), 562.105, and 562.11, Stats., the Department of Administration will hold a public hearing to consider amendments to ch. WGC 1-24 and Game 3 of the Wisconsin Administrative Code, relating to greyhound racing and pari-mutuel wagering.

Hearing Information

Date: August 12, 2003

Time: 1:00 p.m.

Location: Western Racine County Services Center

Eppers Room

209 N. Main St.

Burlington, WI

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Christopher Patton, Department of Administration-Division of Gaming, PO Box 8979, Madison, WI 53708-8979. Written comments must be received by August 19, 2003, to be included in the record of rule-making proceedings.

Analysis Prepared By Department of Administration

The Department proposes to revise its administrative code relating to greyhound racing and pari-mutuel wagering. The revision process was conducted in order to ensure the Department exercises its regulatory oversight functions in an effective and efficient manner. The proposed amendments reflect contemporary regulatory and industry standards. In many cases, the amendments raise regulatory standards and safeguards by conforming the administrative code to current practices in place at Wisconsin racetracks. The amendments afford Wisconsin racetracks and licensees greater flexibility while preserving and strengthening key regulatory safeguards that protect the health, welfare and safety of greyhounds and the public, and the integrity of pari-mutuel wagering and greyhound racing.

The amendments fall into three basic categories; enforcement and appeals, safety and integrity, and general racing and wagering. The rules provide specific procedures for the conduct of enforcement proceedings and the rights of licensees during these proceedings. Furthermore, the rules outline the enforcement authority of the Division of Gaming when conducting inspections of facilities and records, restricting the movement of greyhounds, and excluding persons from licensed facilities.

The revisions also advance the state's desire to protect the health, welfare and safety of racing animals and ensure the integrity of pari-mutuel wagering and racing. The proposed rules delineate additional prohibitions on licensee activities to safeguard against fraud and tampering with racing and wagering activities. In addition, safeguards are established to ensure the health and safety of racing greyhounds, racetrack employees and the public.

Finally general racing and wagering rules are revised to enable pari-mutuel facilities to offer wagering options and rules similar to other racetracks throughout the United States. Occupational licensing structure and fees are streamlined to reduce the impact fees have on racetrack operators to recruit and hire qualified applicants. A “Wisconsin Owned" program is established to encourage Wisconsin resident greyhound owners to race their greyhounds at Wisconsin racetracks.

Fiscal Estimate

The proposed rule amendments are expected to have a state fiscal effect resulting in a decrease in existing state revenues of approximately $25,000 per year due to changes in the occupational licensing fee schedule. The proposed rule amendments are expected to have no fiscal effect on local governments. The primary state fiscal effect is attributable to proposed modifications to the occupational license fee schedule.

Initial Regulatory Flexibility Analysis

To provide clarification, the Department has always viewed kennel operators as small businesses. Kennel operators supply the greyhounds that race at the racetracks. The Department believes that there will be an insignificant economic impact on small businesses. Additionally, any impact on small businesses should be cost savings as the primary economic impact results from proposed license fee reductions.

When determining the proposed amendments to the administrative code, the Department reviewed the criteria established in s. 227.114, Stats., in an effort to reduce the effect of the proposed order on small businesses. The Department notified all small business owners licensed by the Division of Gaming in writing, to seek their input prior to drafting proposed amendments to the administrative. Additionally, the Department provided written notice and the opportunity for all licensed small business owners to receive a copy of the draft amendments and offer informal comment on the proposed amendments during a written comment period and two public informational meetings.

Besides the insignificant economic impact, the operational impact of the proposed order is expected to be minimal. The Department does not foresee the businesses inheriting any additional bookkeeping, clerical, professional or administrative requirements to maintain compliance with Department's administrative code.

A copy of the full text of the rule amendments and fiscal estimate may be obtained free of charge on the internet at www.doa.state.wi.us/gaming, by contacting the Division of Gaming at (608) 270-2555, or by visiting the Division of Gaming office at the address listed below.

Contact Person

If you have any questions regarding the rule amendments, please contact:

Christopher Patton

Department of Administration – Division of Gaming

2005 W. Beltline Hwy., Suite 201

PO Box 8979

Madison, WI 53708-8979

Telephone (608) 270-2532

Notice of Hearing

Medical Examining Board

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 448.40 (1), Stats., and interpreting s. 448.05 (6), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Med 1.06 (3) (f) 1., 2. and 3., and to create Med 1.06 (3) (f) 4., relating to accepting examinations from the Medical Council of Canada.

Hearing Date, Time and Location

Date: August 20, 2003

Time: 8:30 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 20, 2003 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 448.40 (1), Stats.

Statutes interpreted: 448.05 (6), Stats.

Section 1 amends rules to reflect the capitalization of proper names.

Currently, s. Med 1.06 (3) (f) 3. provides that applicants who have passed all 3 components of the examination of the Medical Council of Canada taken on or after January 1, 1978, will be accepted in lieu of requiring further written or computer-based examinations. Section 2 creates s. Med 1.06 (3) (f) 4., which provides that applicants who have passed all 3 components of the examination of the Medical Council of Canada before January 1, 1978, will be accepted in lieu of requiring further written or computer-based examinations. The proposed rule change will provide another avenue for licensure by endorsement.

Fiscal Estimate

This proposed rule adds an additional category of licensed Canadian physicians that can be licensed in Wisconsin by endorsement. This category will apply to fewer than 12 physicians.

The Department of Regulation and Licensing will revise and reprint books of the Administrative Codes. Revising code books costs $500.00 for staff time and materials to revise the printed code and post on the Department's web site.

There may also be a slight, indeterminate, cost to revise credentialing checklist procedures.

Initial Regulatory Flexibility Analysis

Copies of Rule and Contact Person

Notice of Hearing

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

(CR 03-065)

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.33 (9) and 227.11 (2) (a), Stats., interpreting s. 23.33 (9), Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 30.01 (1) (h), Wis. Adm. Code, relating to the boundaries of established parts of intensive forest fire control areas in the Town of Irving, Jackson County. The Town of Irving, Jackson County, has petitioned the Department to have part of its lands removed from the Department's organized forest fire protection area. Approval of this request would result in the relegation of responsibility to local authority. If this petition is approved, the Town of Irving would become responsible for providing forest fire prevention, detection and suppression in that part of its lands removed from the organized forest fire protection area. The responsibility for these costs would belong to the Town of Irving.

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 hearing will be held on:

Tuesday, August 12, 2003 at 10:30 a.m.

Irving Town Hall, N3291 Nichols Road

Black River Falls

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 James Miller at (608) 266-0624 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The Township of Irving has a contract with the Black River Falls Fire Department to provide protection of the structures in the township. This is paid for on a yearly basis so any forest fire suppression would not, at this time, result in an added cost to the township.

There are no Emergency Fire Wardens (EFW) appointed by the DNR in the impacted area. It is estimated it would take one hour of local telephone calls by a Senior Forester (average cost of $28 per hour with benefits) to notify the EFWs they would no longer have to write burning permits for the impacted area. From 193 - 1997 to was an average of 32.4 burning permits written per year in the impacted area. Again, this was not a major cost factor to the DNR.

Copies of Rule and Contact Person

Written comment on the proposed rule may be submitted to James R. Miller, Bureau of Forest Protection, P.O. Box 7921, Madison, WI 53707 no later than August 26, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [FR-29-03] and fiscal estimate may be obtained from Mr. Randy Schott, Dept. of Natural Resources, 910 Highway 54 East, Black River Falls, WI 54615.

Notice of Hearing

Natural Resources
(Environmental Protection-General, Chs. NR 100—)

(CR 03-064)

NOTICE IS HEREBY GIVEN that pursuant to s. 87.30 (1) and 227.11 (2) (a), Stats., interpreting s. 87.30 (1), Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 116.15 (1) (c), Wis. Adm. Code, relating to the exclusion of costs to elevate a nonconforming building or a building with a nonconforming use from the 50% provisions of this paragraph. The Joint Committee for Review of Administrative Rules has directed the department to promulgate rules that would exclude the costs of floodproofing buildings in floodplain areas from the 50% value limitation currently placed on modifications, additions or repairs to legal nonconforming structures.

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 hearing will be held on:

Monday, August 18, 2003 at 1:00 p.m.

Room 027, GEF #2

101 South Webster St., 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 Gary Heinrichs at (608) 266-3093 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposal would allow unlimited expenditures to floodproof a building in flood-prone areas. If enacted, this proposal would have no state fiscal effect since local units of government, not the state, regulate the development of floodplain areas. The costs or revenues to local units of government are negligible because very few buildings are located in areas where flood depths are significant enough to justify the costs of floodproofing; therefore, little permit activity is expected to be generated due to this proposed rule change.

Copies of Rule and Contact Person

Written comments on the proposed rule may be submitted to Mr. Gary Heinrichs, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than August 29, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-31-03] and fiscal estimate may be obtained from Mr. Heinrichs.

Notice of Hearings

Natural Resources
(Environmental Protection-General, Chs. NR 100‐)

(CR 03-063)

NOTICE IS HEREBY GIVEN that pursuant to ss. 281.12 (1), 281.15, 281.19 (1) and 299.11, Stats., and ch. 160, Stats., interpreting ss. 281.12 (1), 281.15, 281.19 (1) and 299.11, Stats., and ch. 160, Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 140.10 Table 1, Wis. Adm. Code, relating to groundwater quality standards for arsenic. The enforcement standards will be lowered from 50 to 10 micrograms per liter and the preventive action limit will be lowered from 5 to one micrograms per liter.

In accordance with ch. 160, Stats., enforcement standard groundwater quality standards are established based on recommendations received from the Department of Health and Family Services (DHFS). In January, 2001, the U.S. EPA established a new federal drinking water maximum contaminant level (MCL) for arsenic of 10 micrograms per liter. In accordance with s. 160.74 (4), Stats., the DHFS has recommended adoption of the federal MCL as the NR 140 enforcement standard. Because arsenic is a known carcinogen, an NR 140 preventive action limit of one microgram per liter (10% of the recommended 10 micrograms per liter) has been proposed.

NOTICE IS HEREBY FURTHER GIVEN the pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The compliance and reporting requirements in ch. NR 140 are not changed by the proposed amendments. If a groundwater quality standard is exceeded, the owner or operator of a facility, practice or activity, including any small business, must report the violation to the appropriate regulatory agency. The revised NR 140 groundwater quality standards proposed for arsenic would be used as design and compliance standards, and as clean up goals in the event of a spill or unpermitted discharge.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, August 12, 2003 at 1:30 p.m.

Conf. Room A & B, James P. Coughlin Center

625 E. County Road Y

Oshkosh

Wednesday, August 13, 2003 at 10:00 a.m. and 2:00 p.m.

Video conference participation at:

Room 139, State Office Building

718 W. Clairemont Ave.

Eau Claire

Room 618, State Office Building

200 N. Jefferson St.

Green Bay

Room 021, State Office Building

101 S. Webster St.

Madison

Room 153, State Office Building

141 NW Barstow St.

Waukesha

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

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. The Department believes it is unlikely that there will be additional costs to state and local governments resulting from adopting these groundwater standards.

Copies of Rule and Contact Person

Written comments 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 September 5, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-32-03] and fiscal estimate may be obtained from Mr. Phelps.

Notice of Hearing

Natural Resources
(Environmental Protection-Air Pollution Control, Chs. NR 400—)

(CR 03-066)

NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11 (1) and (6) and 285.21 (1), Stats., interpreting s. 285.21 (1), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 404 and 484, Wis. Adm. Code, relating to ambient air quality standards. U.S. EPA is required to periodically review the National Ambient Air Quality Standards for Criteria Pollutants. In 1997 U.S. EPA, based on review of the standards for ozone and for particulates, proposed new ambient air quality standards for ozone (the 8-hour ozone standard) and for particulates (the new PM 2.5 standard). U.S. EPA is expected to make a final determination by April, 2004 regarding which areas are not attaining the 8-hour ozone standard. For areas that are nonattainment, U.S. EPA will require states to make revisions to their state implementation plan. Wisconsin incorporates the national ambient air quality standards into ch. NR 404, Wis. Adm. Code. The proposed rule seeks to revise ch. NR 404 to make sure it is consistent with the national standards.

U.S. EPA has also revised the precision of the sulfur oxides standard and the nitrogen dioxide standard. The proposed rule also includes those changes.

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 hearing will be held on:

Tuesday, September 16, 2003 at 1:00 p.m.

Room 611A, GEF #2

101 S. Webster St.

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 Dennis Koepke at (608) 264-8868 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The rule revisions are administrative changes that have no additional fiscal impact.

Copies of Rule and Contact Person

Written comments on the proposed rule may be submitted to Mr. Dennis Koepke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, no later than September 30, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [AM-26-03] and 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.

Notice of Hearing

Natural Resources
(Environmental Protection-Water Supply, Chs. NR 800—)

(CR 03-067)

NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 809, Wis. Adm. Code, relating to arsenic in public water systems. On January 22, 2001, the U.S. EPA adopted a new drinking water standard for arsenic of 0.01 mg/l (10 micrograms per liter), replacing the old standard of 0.050 mg/l (50 micrograms per liter). The date by which public water systems must comply with the new standard is January 23, 2006. Section 281.17 (8), Stats., and our primacy agreement with U.S. EPA require the Department to adopt rules at least as stringent as federal regulations. The proposed amendments are necessary to assure that the Department's administrative rules are consistent with federal regulations.

This regulation will apply to non-transient, non-community water systems, which are not presently subject to standards for arsenic, and to community water systems. There are about 80 water systems that could potentially have to take actions to reduce arsenic.

In addition, this rule revision includes clarifications for monitoring and demonstration of compliance for new systems or sources of drinking water. The rule also clarifies compliance for state-determined monitoring after exceedances for inorganic, volatile organic and synthetic organic contaminants. Finally, the proposed rule recognizes the state-specified time period and sampling frequency for new public water systems and systems using a new source of water to demonstrate compliance with drinking water regulations. The requirements for new systems and new source monitoring will be effective for inorganic, volatile organic and synthetic organic contaminants.

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. Typically, the Department has little flexibility with drinking water regulations since our rules can be no less stringent than the federal regulation.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, August 13, 2003 at 10:00 a.m. and 2:00 p.m.

Video conference participation at:

Room 139, State Office Building

718 W. Clairemont Ave.

Eau Claire

Room 618, State Office Building

200 N. Jefferson St.

Green Bay

Room 021, State Office Building

101 S. Webster St.

Madison

Room 153, State Office Building

141 NW Barstow St.

Waukesha

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 Carol Bentzler at (608) 267-2451 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Public water systems are expected to incur increased costs to comply with the new standard. The USEPA has calculated mean annual costs per household for those households that are served by systems that may need to treat for arsenic. Due to economies of scale, costs per household are higher for smaller systems, and lower for larger systems.

Based on cost information provided by USEPA in the Federal Rule annual cost of the rule would be approximately $3,436,604, $262,346 for OCs and NNs and $3,174,258 for MCs.

Public water systems also are expected to incur additional monitoring costs to comply with the new standard. If all the systems that have demonstrated a potential to exceed the new standard went on quarterly monitoring additional annual monitoring costs would be $8,800. (73 systems x 4 quarters x $30/sample) However, some systems are already treating for arsenic and others will be treating by time the new standard is enforceable so the additional monitoring cost is expected to be somewhat less.

Based on salary information provided by the Association of State Drinking Water Administrators, workload for 1 FTE to work on the Arsenic Rule would be approximately $65,000.

Copies of Rule and Contact Person

Written comments on the proposed rule may be submitted to Ms. Carol Bentzler, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than August 20, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [DG-30-03] and fiscal estimate may be obtained from Ms. Bentzler.