This rule repeals obsolete retroactivity provisions contained related to reimbursement claims filed with the department prior to November 1, 2000.
Fiscal Estimate
DATCP estimates that this rule will save $180,000 for the agricultural chemical cleanup fund each year. This includes the following projected savings:
•By lowering the cleanup cost reimbursement rate from 80% to 75% (as required by current law), DATCP will save approximately $160,000 each year.
•By paying reimbursement claims on a first-come, first-served basis instead of installments, DATCP will save approximately $20,000 in interest costs each year.
DATCP estimates that it will save an additional $50,000 each year by reducing the reimbursement rate for repeat spills. But DATCP estimates that these savings will be offset, each year, by $50,000 in additional reimbursement payments related to concrete structure removal and private well replacement.
Initial Regulatory Flexibility Analysis
This rule affects businesses that clean up spills of fertilizers and pesticides in Wisconsin. Currently more than 360 businesses are involved in fertilizer or pesticide cleanups. Most of the cleanups occur at farm centers, agricultural dealerships and agricultural cooperatives. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
This rule will affect the reimbursement of spill cleanup costs. But this rule will not, by itself, have a major impact on small business. This rule merely implements a reimbursement rate reduction that the Legislature has already mandated. The rule changes expedite reimbursement payments, and increase reimbursement eligibility for certain cleanup costs. Small businesses will not need additional professional services to comply with this rule.
This rule will reduce reimbursement rates for repeat spills. However, businesses handling agricultural chemicals can participate in the department's Environmental Partners program to minimize their risk of repeat spills.
Environmental Assessment
DATCP has prepared an environmental assessment on this rule. You may obtain a free copy of the environmental assessment by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4523. Copies will also be available at the hearing.
Fertilizer Tonnage Fees Used to Fund the Agricultural Chemical Cleanup Program (ATCP 40)
The department of agriculture, trade and consumer protection (DATCP) currently administers an agricultural chemical cleanup program under s.
94.73, Stats. The program is partly funded by fertilizer tonnage fee surcharges.
Fertilizer manufacturers and distributors currently pay tonnage fees and surcharges, based on their annual gross sales of fertilizer in this state. Under current rules, manufacturers pay a surcharge of 38 cents per ton to fund the agricultural chemical cleanup program. This rule increases the surcharge to 86 cents per ton, as authorized by
2003 Wis. Act 33. The new surcharge will apply to fertilizer distributed after July 1, 2004, with initial payment due in August 2005.
This rule also updates current rules to reflect fee changes made by
1999 Wisconsin Act 9 (DATCP has already changed its fee collections according to reflect the statutory changes). The statutory changes decreased the basic fertilizer inspection fee by 2 cents per ton, and added a fertilizer weights and measures inspection fee of 2 cent per ton.
Fiscal Estimate
This rule will increase fertilizer tonnage fee revenues deposited to the agricultural chemical cleanup fund. The increased fee revenues will help finance the reimbursement of agricultural chemical spill cleanup costs, and reduce a projected deficit in the fund. In recent years, the fund has expended from $3.6 to $3.9 million per year in reimbursement payments, whole generating only $2,614,000 in annual revenues.
The fund had a substantial reserve until recently, but that reserve dropped below $200,000 at the end of FY 2002-03. Fiscal year 2003-04 is expected to end with unreimbursed claims (a deficit) of $784,000. Those claims (and associated interest expenses) must be reimbursed in subsequent years.
DATCP projects a reimbursement backlog (deficit) of $1,400,000 by the end of FY 2004-05. DATCP estimates that the fertilizer tonnage fees proposed in this rule will generate approximately $624,000 per year beginning in FY 2005-06. Those additional fee revenues will gradually reduce the reimbursement backlog (fund deficit).
Initial Regulatory Flexibility Analysis
This rule affects tonnage fees paid by businesses (approximately 500) that are licensed to manufacture or distribute fertilizer in Wisconsin. This rule may indirectly affect farmers, landscape businesses and other persons who purchase and use fertilizer, to the extent that tonnage fee costs are passed on to those purchasers. Some of the affected businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
This rule will not have a major adverse impact on small business. The rule will generate an additional $624,000 in fees on the 1,300,000 tons of fertilizer sold annually in Wisconsin. These fertilizers have an average price of more than $150 per ton. The fee increase represents a price increase of about 0.3% on an agricultural input that typically has annual price fluctuations of several percent. This rule does not add any new record keeping or reporting requirements for affected businesses.
By increasing revenues for the agricultural chemical cleanup fund, this rule will benefit businesses (including fertilizer manufacturers and distributors) who rely on the fund for reimbursement of spill cleanup costs. Cleanups often cost more than $30,000, and sometimes more than $100,000. This rule will assist small businesses by assuring adequate funding to cover up to 75% of cleanup costs (subject to a $3,000 deductible).
It will also help ensure faster payment of cleanup reimbursement claims.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
in Wis. Stats. ss.
15.08 (5) (b),
227.11 (2), and
457.03 (1), and interpreting s.
457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
MPSW 3.01 (2),
3.05 (2),
3.07 (2),
3.09 (2),
11.01 (1) (b), and
16.01 (1) (a) 3., relating to a foreign degree to be equivalent to a degree from an accredited school in the United States.
Hearing Date, Time and Location
Date: January 13, 2004
Time: 1:45 P.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 January 23, 2004 to be included in the record of rule-making proceedings.
PROPOSED ORDER
An order of the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board to amend ss.
MPSW 3.01 (2),
3.05 (2),
3.07 (2),
3.09 (2),
11.01 (1) (b), and
16.01 (1) (a) 3., relating to the determination of the equivalency of a foreign degree to a degree from an institution accredited in the United States, and to require some candidates to demonstrate English proficiency.
Analysis prepared by the Department of Regulation and Licensing
SECTION 1. Under current requirements, applicants for social worker certification or licensure must have earned a social work degree from a school accredited by the Council on Social Work Education. Applicants otherwise qualified are prevented from obtaining Wisconsin certification or licensure if the applicant obtained a degree in another country. The Council on Social Work Education has a process for determining equivalency of degrees, and in fairness to graduates of foreign schools, the Social Worker Section wishes to rely on that process for accepting equivalent degrees. This section amends the rules to permit the Social Worker Section to accept from applicants for social worker certification or licensure a foreign degree determined by a national accrediting organization to be equivalent to a degree from an accredited school. The amendment would require candidates to demonstrate proficiency in English. This section specifies the new process and requirement.
SECTION 2. Under current requirements, licensure as a professional counselor requires that candidates be graduates of programs accredited by the Commission for Accreditation of Counseling (CACREP) and Related Educational Programs or the Council on Rehabilitation Education. The National Board of Certified Counselors provides a service to evaluate whether foreign degrees are equivalent to a degree program accredited by CACREP. The amendment would require candidates to demonstrate proficiency in English. This section specifies the new process and requirement.
SECTION 3. Under current requirements, licensure as a marriage and family therapist requires that candidates be graduates of programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) of the American Association of Marriage and Family Therapy. This amendment permits an individual who is a graduate of a program from a foreign institution to seek licensure when an organization approved by the Marriage and Family Section determines that the program is equivalent to a program accredited by COAMFTE. The amendment would require candidates to demonstrate proficiency in English. This section specifies the new process and requirement.
TEXT OF RULE
SECTION 1. MPSW 3.01 (2), 3.05 (2), 3.07 (2) and 3.09 (2) are amended to read:
MPSW 3.01 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education (CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
MPSW 3.05 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education
(CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
MPSW 3.07 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education
(CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
MPSW 3.09 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education
(CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
SECTION 2. MPSW 11.01 (1) (b) is amended to read:
MPSW 11.01 (1) (b) Verification that the institution which awarded the degree was a regionally accredited college or university, or accredited by the commission for accreditation of counseling and related educational programs (CACREP), or the council on rehabilitation education at the time the applicant graduated from the school, or that a degree awarded by a foreign institution of higher learning has been determined by the National Board for Certified Counselors (NBCC) or by another organization approved by the section to be equivalent to a degree from a program accredited by CACREP. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
SECTION 3. MPSW 11.01 (1) (b) is amended to read:
MPSW 16.01 (1) (a) 3. An applicant who has a master's or doctoral degree in marriage and family therapy from a program which was not accredited by the commission on accreditation for marriage and family therapy education (COAMFTE) of the American association for marriage and family therapy must submit satisfactory evidence of having completed education equivalent to a master's or doctoral degree in marriage and family therapy from a program accredited by the commission on accreditation for marriage and family therapy education of the American association for marriage and family therapy, pursuant to s.
MPSW 16.02, or that a degree awarded by a foreign institution of higher learning has been determined by an organization approved by the section to be equivalent to a degree from a program accredited by COAMFTE.
If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
Fiscal Estimate
There will be no additional cost to the Department of Regulation and Licensing to certify these applicant social workers than for current applicants with degrees from schools in the United States that are accredited by the Council.
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.
Notice of Hearings
Natural Resources
(Environmental Protection - Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1),
(16) and
(17) and
285.65 (14), Stats., interpreting ss.
285.11 (6),
285.60 and
285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 405,
408 and
484, Wis. Adm. Code, relating to incorporation of federal changes to the air permitting program. On December 31, 2002, the U.S. EPA promulgated federal rules which significantly changed the federal new source review (NSR) program for major emission sources located in both attainment and nonattainment areas. The major elements of the Department's proposed implementation are:
1. Baseline actual emissions – The Department is proposing that facilities be able to use any 2 years in the past 10 years for establishing baseline emissions, as in the federal rule. However, the proposed rule provides that the same baseline period must be used for all pollutants, unless the Department approves an alternative time period. The Department is also proposing that replacement units be treated as new units, as they are under the existing program. Additionally, the Department is proposing that any new units installed after the baseline period that have at least a 24-month actual emission history be required to use their actual emissions in the baseline.
2. Methodology for calculating emission increases – The Department is proposing that the federal applicability test, including a demand growth factor, be adopted. However, the Department is looking for input as to how this factor should be calculated. Without clear standards for estimating demand growth, it will be difficult for the Department to include a demand provision in the final rule.
3. Plantwide applicability limitations (PALs) – The Department is proposing that the federal PAL proposal be accepted in Wisconsin with the option to exclude any emission unit that is designated a “clean unit" from the PAL. The emission would be calculated the same as baseline actual emissions. Additionally, the Department is proposing that PAL facilities which are located in a nonattainment area be subject to a declining emission cap for the nonattainment pollutants. Essentially this would require that facilities achieve a best available control technology (BACT) level of control on all significant emission units prior to the expiration of the PAL.
4. Clean unit applicability test – The Department is proposing to accept the federal clean unit provisions with the proviso that retroactive determinations will only be made back as far as 2001. The Department is also adding a provision to cover situations where an area is redesignated from attainment to nonattainment. The Department is requesting comments on three proposed options on these provisions.
5. Pollution control project (PCP) exclusion – The Department is proposing a rule which is essentially identical to that required under the federal rule.
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:
January 22, 2004
Thursday at 1:00 p.m.
Room 158/185, DNR Region Headquarters
1300 W. Clairemont
Eau Claire
January 23, 2004
Friday at 10:00 a.m.
Room 027, GEF #2 Building
101 South Webster St.
Madison
January 28, 2004
Wednesday at 1:00 p.m.
Auditorium, Bay Beach Wildlife Sanctuary
1660 E. Shore Drive
Green Bay
January 29, 2004
