Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from 9-15-04 Register)
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed amendment to chapter ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides. The hearing will be held at the time and place shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until October 22, 2004, for additional written comments.
Written comments should be sent to the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management attention Randy Zogbaum, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708. Written comments can be submitted via email to
randy.zogbaum@datcp.state.wi.us.
You may obtain a free copy of this rule and the environmental impact statement 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. You can also obtain a copy by calling (608) 224-4524 or emailing
randy.zogbaum@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by September 24, 2004, by writing to Randy Zogbaum, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4524. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Location:
Tuesday, October 5, 2004, 4 p.m. to 7 p.m.
Adams County Library
569 North Cedar Street
Meeting Room
Adams, WI 53910
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates pesticide use to prevent groundwater contamination. Current rules restrict the use of atrazine pesticides, and prohibit atrazine use in areas where groundwater contamination has exceeded state enforcement standards established by the Department of Natural Resources (“DNR").
This rule update expands one current atrazine prohibition area in Adams County, based on new groundwater data showing atrazine contamination in excess of DNR enforcement standards. This rule adds 1,280 acres to the current prohibition area. This rule does not eliminate any prohibition areas.
Statutory Authority
DATCP has broad authority, under s.
93.07 (1), Stats., to adopt rules to implement programs under its jurisdiction. DATCP has authority to adopt pesticide rules under s.
94.69 (1), Stats. Under ss.
160.19 (2) and
160.21 (1), Stats., DATCP must regulate pesticide use, as necessary, to prevent groundwater contamination and restore groundwater quality.
Background
DATCP currently regulates atrazine use to protect Wisconsin groundwater. Atrazine is an agricultural herbicide that has been widely used for many years. Atrazine has been found in groundwater in many areas of the state. Current DATCP rules do all the following:
• Specify maximum atrazine use rates. These rates are about half the rates normally allowed under the federal label.
•Limit the timing of atrazine applications. Under current rules, atrazine applications are allowed only from April 1 through July 31.
•Prohibit atrazine use on 1.2 million acres of land. Current rules prohibit atrazine use in 102 designated areas where contamination has been found at or above groundwater enforcement standards adopted by DNR. Current rules also prohibit atrazine mixing and loading operations that are not conducted over a spill containment surface.
Current rules spell out standards for the creation and repeal of prohibition areas. DATCP updates its atrazine rules each year, based on existing regulatory standards and new groundwater findings. This rule is a routine annual update to DATCP's current atrazine rules.
Rule Content
This rule expands one current prohibition area in Adams County, based on existing regulatory standards and new groundwater findings. This rule adds 1,280 acres to the current prohibition area (this rule contains a map showing the expanded prohibition area). This rule does not repeal any existing prohibition areas.
Environmental Impact
This rule will help to protect and restore groundwater quality in Adams County. The attached Environmental Impact Statement provides background information related to DATCP's overall regulation of atrazine pesticides. This rule is consistent with the state groundwater law, and with the overall protocol for atrazine regulation that has been in effect since 1991.
Fiscal Impact
This rule will require some additional department expenditures for groundwater testing and informational services related to the expanded prohibition area. The department expects to absorb these expenditures within the department's current budget. For more information contact Randy Zogbaum at (608) 224-4524.
Business Impact
This rule will have affect 2 to 4 farmers located in the expanded atrazine prohibition area created by the rule. However, those farmers have other pesticides available for weed control. This rule will not have a significant economic impact on farmers or other businesses, and is not subject to the delayed small business effective date provision in s.
227.22(2)(e), Stats.. For more information contact DATCP small business regulatory coordinator Dennis Fay at (608) 224-5031 or email at
dennis.fay@datcp.state.wi.us.
Federal Regulations
Pesticides and pesticide labels must be registered with the federal Environmental Protection Agency (“EPA"). Persons may not use pesticides in a manner inconsistent with the federal label.
The current federal label for atrazine suggests that atrazine should not be used on permeable soils with groundwater near the soil surface. Wisconsin has clearer, more definite restrictions on atrazine use, based on actual findings of groundwater contamination in this state.
EPA is proposing federal rules that would require states to create a pesticide management plans for pesticides that have the potential to contaminate groundwater. Wisconsin's current regulatory scheme for atrazine pesticides would likely comply with the proposed federal rules.
Adjacent State Regulations
Wisconsin atrazine regulations are stronger than those in adjacent states:
•Iowa restricts atrazine application rates to 1/2 the federal label rate in 23 counties (7 with county-wide restrictions and 16 with restrictions in some townships).
•Minnesota has a program of voluntary use limitations when surface water or groundwater contamination exceeds a level of concern. This program suggests pesticide use restrictions or management practices to reduce surface water or groundwater contamination. To date, this program has not been implemented anywhere in Minnesota.
•Illinois and Michigan have no atrazine regulations.
Businesses Affected
The changes to ch.
ATCP 30, Wis. Adm. Code, Appendix A will affect small businesses in Wisconsin. The greatest small business impact of the changes will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 1280 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 320 acres of corn will be affected. Between 2 and 4 producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s.
227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business and the impacts are not further discussed in this document.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance
The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation would need to be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current rule.
Atrazine cannot be used in certain areas of Wisconsin where groundwater contamination exceeds the atrazine enforcement standard in s.
NR 140.10 Wis. Adm. Code.
Professional Skills Required to Comply
The proposed changes affect how much atrazine can be applied and on which fields. Because overall use of atrazine will be reduced in Wisconsin, alternative weed control techniques may be needed in some situations. These techniques may include different crop rotations, reduced atrazine rates, either alone or in combination with other herbicides, or combinations of herbicides and mechanical weed control measures.
While alternative weed control techniques are available, adoption of these techniques on individual farms will in some cases require assistance. In the past, this type of assistance has been provided by University of Wisconsin Extension personnel and farm chemical dealers. In recent years, many farmers have been using crop consultants to scout fields, identify specific pest problems and recommend control measures. The department anticipates these three information sources will continue to be used as the primary source of information, both on whether atrazine can be used and which alternatives are likely to work for each situation.
Notice of Hearings
Agriculture, Trade and Consumer Protection
(Reprinted from 9-15-04 Register)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a joint hearing with the Wisconsin Department of Health and Family Services (DHFS). At the hearing, DATCP will propose to make minor changes to the rule regulating food safety in retail food establishments, such as grocery stores, and to update the Wisconsin Food Code. DHFS will propose separate but nearly identical rules for restaurants.
The public hearing will by held by videoconference on October 7, 2004, at the places shown below. DATCP invites the public to attend the hearing at these locations and comment on the proposed rule. Following the public hearing date, the hearing record will remain open until October 22, 2004, for additional written comments, which may be sent to the Division of Food Safety at the address (below) or by e-mail to
hearingcomments@datcp.state.wi.us.
Division of Food Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4700
Copies will also be available at the public hearing.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator, Keeley Moll (e-mail: keeley.moll@datcp. state.wi.us), at the Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; telephone (608) 224-5039.
Hearing-impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by Thursday, September 24, 2004, by contacting Debbie Mazanec (e-mail:
Debbie.mazanec@datcp.state. wi.us), P.O. Box 8911, Madison WI 53708-8911; telephone (608) 224-4712; or telephone message relay system (TTY) at (608) 266-4399 to forward your call to the department at (608) 224-5058. Handicap access is available at all locations for the hearing.
Hearing will be held on Thursday, October 7, 2004, from 9:30 a.m. through 12:30 p.m., via interactive videoconferencing at the following locations:
Madison - Main Broadcast Center
UW Pyle Center
Room 227
702 Langdon St.
Madison, WI 53706
Waukesha
Waukesha State Office Building
Department of Transportation Offices
Room 153
141 NW Barstow St.
Waukesha, WI 53188
Appleton
Fox Valley Technical College
Room G1131
1825 Bluemound Dr.
Appleton, WI 54913-2277
Wisconsin Rapids
Dept. of Transportation
Room 120
1681 2nd Ave. S
P.O. Box 8021
Wisconsin Rapids, WI 54495-8021
Eau Claire
Eau Claire State Office Building
Room 139
718 W. Clairemont Ave.
Eau Claire, WI 54702
Spooner
WI DNR Northern Region Office
Conference Room
810 West Maple St.
Spooner, WI 54801
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)
The Department of Agriculture, Trade and Consumer Protection (“DATCP") currently licenses and inspects retail food establishments, such as grocery stores. DATCP has adopted food safety rules for retail food establishments. The current rules are based on the federal Model Food Code. This rule updates the Wisconsin Food Code, based on changes contained in the most current (2001) edition of the federal Model Food Code. This rule also makes other minor changes to clarify current rules.
The Wisconsin Department of Health and Family Services (“DHFS") is proposing nearly identical rules for restaurants. This is a joint effort by DATCP and DHFS to maintain consistent and up-to-date standards for all retail food operations. Some grocery stores include restaurants, and vice-versa. DATCP and DHFS coordinate their licensing and inspection activities so that there is no regulatory overlap.
Rulemaking Authority
Statute Interpreted: s.
97.30, Stats.
DATCP has broad authority, under s.
93.07 (1), Stats., to adopt rules needed to implement laws under its jurisdiction. DATCP licenses retail food establishments under s.
97.30, Stats. DATCP may adopt rules for retail food establishments, pursuant to s.
97.30 (5), Stats. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling, display and storage; and food sources and food labeling.
The format of the Wisconsin Food Code is different from that of most state administrative rules. DATCP and DHFS are authorized, under s.
227.14 (1s), Stats., to use the drafting format of the federal model food code. This rule follows that authorized format.
Background
The United States Food and Drug Administration (“FDA") publishes a federal model food code. The model food code provides practical, science-based food safety standards for grocery stores, restaurants and other retail food establishments. Many states base their retail food regulations on the federal model food code.
Current DATCP and DHFS rules are based on the 1999 version of the model food code. DATCP has adopted the model food code as an Appendix to ch.
ATCP 75, Wis. Adm. Code (the Wisconsin Food Code). DHFS has adopted the model food code as an Appendix to ch.
HFS 196, Wis. Adm. Code.
FDA updated the model food code in 2001. This rule updates the Wisconsin food code based on the 2001 updates to the federal model food code. This rule also makes other minor changes and clarifications to current rules.
Rule Content
This rule makes a large number of updates and technical changes to current DATCP rules. The following are some of the more significant changes:
Food Temperatures
Under current rules, “potentially hazardous foods" must be kept sufficiently hot (or sufficiently cold) to prevent the rapid and progressive growth of infectious or toxigenic microorganisms. This rule changes the required minimum temperature of hot “potentially hazardous" foods from 140o F. to 135o F. This rule also allows cold “potentially hazardous" foods (which are normally refrigerated at 41o F. or lower) to remain unrefrigerated for up to 6 hours if certain procedures are followed.
Definitions
A restaurant is a place that prepares or serves “meals." This rule modifies the definition of “meal" so that it no longer includes individual pastry items served with a beverage. For example, a grocery store will no longer be subject to potential regulation as a “restaurant" merely because it serves doughnuts and coffee. This rule also makes a number of other technical changes to current definitions.
Food Employees
This rule clarifies current standards related to food employee health and sanitation. Among other things, this rule does the following:
-- Allows employees to contact ready-to-eat food with bare hands under certain limited conditions (special requirements apply).
-- Clarifies current provisions limiting food contact by employees affected with certain illnesses or symptoms.
-- Clarifies current requirements related to food employee hand-washing, and requires employees to wash hands before putting on gloves to work with food.
Food Safety and Labeling
This rule clarifies current standards related to the safety and labeling of food offered for sale in a retail food establishment. Among other things, this rule does the following:
-- Clarifies current requirements related to food sources.
-- Clarifies provisions related to the handling and sale of raw eggs and shellfish.
-- Requires hazard control (HACCP) procedures or warning labels for unpasteurized juice.
-- Clarifies date-marking requirements for ready-to-eat “potentially hazardous" foods.
-- Requires warning disclosures related to the sale of certain uncooked ready-to-eat foods, including uncooked meat, fish, eggs and shellfish.
Food Equipment and Utensils
This rule makes minor clarifications related to current standards for food equipment and utensils.
Water, Plumbing and Waste
This rule makes minor technical changes suggested by the Department of Commerce, Wisconsin's plumbing code agency. It also makes minor technical changes related to handwash sinks and temporary food establishments.
Buildings and Facilities
This rule does the following:
-- Prohibits facility configurations that cause the general public to enter or exit a retail food establishment through a food processing area.
-- Requires food establishments to comply with applicable provisions of the Wisconsin commercial building code.
-- Makes other minor technical changes related to standards for retail food buildings and facilities.
License Fee Correction
Current rules incorrectly set an annual license fee of $60 for retail food establishments with annual food sales of less than $25,000. This rule corrects (reduces) the license fee to $40, which is the fee established by s.
97.30(3m)(cm), Stats.
Fiscal Impact
This rule will have no significant fiscal effect on state or local government. The rule will not alter state or local retail food enforcement activities. A fiscal estimate is attached.
Business Impact
This rule affects retail food establishments such as grocery stores, bakeries and convenience stores. Many of these businesses are small businesses. This rule will benefit affected businesses by clarifying existing regulatory requirements. In some cases, this rule gives affected businesses wider latitude to choose a preferred method of compliance. This rule will not have a significant economic impact on small business, and is not subject to the delayed small business effective date provision in s.
227.22 (2) (e), Stats.
The rule adds some minor new requirements for some retail food establishments, but these requirements are not expected to impose any significant burdens. This rule will benefit businesses that have combined grocery and restaurant operations, because it will maintain consistency with DHFS restaurant rules. A small business analysis (“initial regulatory flexibility analysis") is attached.
Under
2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Federal Regulation
Federal law, like state law, generally prohibits the sale of adulterated or misbranded food. There are no federal regulations that specifically address retail food operations. However, FDA publishes a model food code that is based on the best available science and information related to retail food safety.
FDA, the United States Department of Health and Human Services, and the United States Department of Agriculture encourage state and local governments to adopt retail food safety regulations that are consistent with the federal model food code. The current Wisconsin Food Code is based on the 1999 edition of the federal model food code. This rule updates the Wisconsin Food Code to incorporate changes contained in the 2001 (most recent) edition of the federal model food code.
Regulatory Approach and Supporting Information
FDA developed and published the federal model food code based on the best available science and information related to retail food safety. The federal model food code encourages consistent state and local regulation of retail food establishments. Numerous states have adopted state retail food regulations based on the federal model food code. FDA periodically updates the federal model food code. FDA adopted the latest edition in 2001 and added a supplement in 2003.
The current Wisconsin Food Code is based on the 1999 edition of the federal model food code. This rule updates the Wisconsin Food Code based on the 2001 edition of the federal model food code (as supplemented in 2003). DATCP and DHFS made minor adjustments to the model food code in consultation with Wisconsin local health agencies, the Wisconsin Conference on Food Protection, and the National Conference on Food Protection. DATCP and DHFS also drew on 2 years of field experience with the current rule.
DATCP and DHFS also developed this rule in consultation with an advisory committee that included local health agencies (large and small), the Wisconsin Grocers Association, the Wisconsin Restaurant Association, the Tavern League of Wisconsin and the University of Wisconsin Extension-Food Science.
Surrounding State Programs
The states adjacent to Wisconsin have all adopted retail food regulations based on some version of the federal model food code:
Minnesota – Minnesota's current regulations are based on the 1997 edition of the federal model food code.
Iowa - Iowa's current regulations are based on the 1997 edition of the federal model food code.
Illinois – Illinois' current regulations are based on the 1995 edition of the federal model food code. Like Wisconsin, Illinois is proposing to update its regulations based on the 2001 edition of the federal model food code.
Michigan – Michigan's current regulations, like Wisconsin's, are based on the 1999 edition of the federal model food code.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule that implements the livestock premises registration program created by
2003 Wis. Act 229. Persons who keep livestock in this state must register the premises annually with the DATCP. Each premises will receive a unique premises registration number generated by the United States Department of Agriculture. There is no fee to register.
DATCP will hold five public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, December 10, 2004, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to:
hearingcommentsAH@datcp.state.wi.us.
Wisconsin Department Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4883
Copies will also be available at the public hearing.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by e-mail at
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing-impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by October 22, 2004, by contacting Melissa Mace, Division of Animal Health, Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Locations:
Tuesday, November 9, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
WDATCP Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Wednesday, November 10, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Calamus Town Hall
W9820 County Trunk D
Beaver Dam, WI 53916
Monday, November 15, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Iowa County Courthouse, Room 204
222 N. Iowa Street
Dodgeville, WI 53533
Wednesday, November 17, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Brown County Library
515 Pine Street
Green Bay, WI 54301
Tuesday, November 30, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Community Center, Matheson Memorial Library
101 North Wisconsin Street
Elkhorn, WI 53121
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)
This rule implements the livestock premises registration program created by
2003 Wis. Act 229. This program is intended to protect animal health and the security of the food chain. Among other things, premises registration will facilitate more rapid response to animal disease emergencies.
Under this rule, persons who keep livestock in this state must register annually with the Department of Agriculture, Trade and Consumer Protection (“DATCP"). DATCP will assign a unique premises registration number, generated by the United States Department of Agriculture (“USDA"), to each registered premises. Registration information is confidential, and there is no fee to register. Registration complies with standards contained in the National Animal Identification System (“national plan").
Statutory Authority
DATCP has broad general authority under s.
93.07 (1), Stats., to make and enforce rules to implement laws under its jurisdiction. Section
95.51, Stats., creates a livestock premises registration program and directs DATCP to implement the program. The following statutes specifically authorize DATCP to adopt rules related to the following subjects:
•
Section
95.51 (3m) and
(7), Stats. (livestock premises registration program).
•
Section
95.68 (8), Stats. (animal markets).
•
Section
95.69 (8), Stats. (animal dealers).
•
Section
95.71 (8), Stats. (animal truckers).
•
Section
95.72 (5), Stats. (rendering plants and other entities that collect and process livestock carcasses).
•
Section
97.42 (4), Stats. (slaughter establishments).
Background
Wisconsin is the first state in the nation to mandate a livestock premises registration program. The Wisconsin program is part of a national effort to create a comprehensive livestock identification system. The national plan spells out the goals and standards for all states to follow.
The national plan was developed under the auspices of USDA and the United States Animal Health Association, in cooperation with the livestock industry. It calls for a system that can identify all animals and premises exposed to a foreign animal disease (such as foot and mouth disease) within 48 hours after the disease is discovered. This rapid response capability will be critically important in the event of a major animal disease emergency.
This rule addresses livestock premises registration, not animal identification. But premises registration is a necessary first step toward a comprehensive livestock identification system. By itself, premises registration will also facilitate more effective disease control and emergency response. Under the national plan, each state is responsible for establishing an effective premises registration program that meets national standards.
Program Administration
The Wisconsin Livestock Identification Consortium (“WLIC"), which represents a broad spectrum of the livestock industry groups, has led the nation in developing a premises registration system that meets national standards. Recently, USDA picked the WLIC system as the prototype for a national premises registration system. DATCP will likely contract with WLIC to administer the livestock registration program on behalf of DATCP. This rule spells out contract standards, including confidentiality requirements.
DATCP has requested, and hopes to receive, continued federal funding for the registration program. If federal funding is not forthcoming, it will be necessary to fund the premises registration program with state tax dollars or registration fees. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
DATCP estimates that the program will affect at least 60,000 livestock premises in Wisconsin and will cost approximately $918,000 each year. DATCP will work with the livestock industry and others to promote voluntary compliance but may also take enforcement action against persons who knowingly refuse to comply. Penalties are set by statute and are equivalent to those under other animal health and food safety laws.
Rule Content
This rule implements Wisconsin's Livestock Premises Registration Law (
2003 Wis. Act 229), which takes effect on November 1, 2005. The rule includes the following key provisions:
Annual Registration Required
A person may not keep “livestock" in this state unless the livestock premises are annually registered with DATCP. “Livestock" includes cattle, swine, poultry, sheep, goats, horses, farm-raised deer, bison, camelids (such as llamas), ratites (such as ostriches and emus) and fish.
If 2 or more persons have a role in keeping livestock at the same location (for example, if one person owns the livestock, another tends them, and a 3rd owns the land), any one of those persons may register that location (the others need not register). Registration does not create any “ownership" rights that do not otherwise exist. It merely identifies a location in this state at which livestock are kept. DATCP assigns a unique premises code that continues with that location, even if the registrant changes (some exceptions apply).
Operators of livestock facilities currently licensed by DATCP (dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments) must register the facilities licensed to them and may not let others register those premises for them. License holders will be able to register by filling out a few extra lines on their annual license renewal forms.
Effective Dates
The registration requirement under this rule will take effect on January 1, 2006, except that for livestock facilities currently licensed by DATCP, the registration requirement will take effect on the first day of the first full license year beginning after January 1, 2006. For example, the registration requirement first applies to dairy farms on May 1, 2006, because dairy farm licenses expire on April 30 of each year.
An annual registration expires on December 31, or in the case of livestock premises currently licensed by DATCP, on the annual license expiration date.
How to Register
There is no fee to register livestock premises. A person may register on-line or in writing on forms prescribed by the DATCP. Forms will be readily available from DATCP and its contract agent. DATCP will send annual renewal forms to registrants to make renewal as easy as possible. Renewals, like initial registrations, may be transacted on-line.
Each registrant must provide the following information:
•
Registrant's legal name, any trade names, mailing address, and phone number.
•
Primary premises location and any secondary locations included in the registered premises.
•
Name and phone number of a contact person with knowledge of livestock movements to and from all locations comprising the premises.
•
Type(s) of livestock operation.
•
Type(s) of livestock kept.
DATCP or its agent will issue a written or electronic premises registration certificate to each registrant, depending on the form of registration. The registration certificate will include a unique premises registration code generated by USDA (the premises code is assigned to the primary premises location). If the registrant is currently licensed by DATCP (dairy farms, deer farms, livestock markets, etc.), the premises code will be included on the registrant's annual license.
Confidentiality
Premises registration information required under this rule is confidential. However, the premises code itself is not confidential. Neither DATCP nor its contract agent may disclose confidential registration information to any other person or agency (except USDA). DATCP may disclose confidential registration information if necessary to prevent or control disease, or to protect public health, safety or welfare. DATCP may also disclose information with the registrant's permission.
This confidentiality does not apply to information required under other laws. For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law remains open to public inspection. But premises registration information required for the first time under the new law, or under this rule, must be kept confidential.
DATCP may create aggregate information (such as maps and statistics) from registration information, but may not disclose that information if it would reveal (or make it possible to deduce with certainty) the address or identity of any registrant.
Contract Agent
DATCP may contract with an agent (presumably WLIC) to process registrations, manage registration information, and perform other functions on behalf of DATCP. The registration process must be conducted under the name of DATCP, not the contract agent. DATCP must approve the registration process and forms.
The contract agent may not do any of the following without DATCP approval:
•
Change the registration process or forms.
•
Use or disclose any information that it acquires as DATCP's agent.
•
Purport to collect information as DATCP's agent.
•
Ask a registrant for permission to use or release confidential registration information.
A contract agent must specifically identify to DATCP the individuals who will handle confidential information. Each of those individuals must sign a confidentiality agreement with DATCP. Neither the contract agent, nor any individual affiliated with the contract agent, may disclose confidential information or use it for financial advantage.
A contract agent must comply with applicable state standards related to the storage, handling and disposition of state records. If a contract is terminated, the contract agent must return all registration records to DATCP. DATCP may terminate a contract at any time.
Receiving Livestock from Unregistered Premises
This rule prohibits the receipt of livestock from unregistered premises for purposes of sale, exhibition or slaughter. But this prohibition does not apply unless USDA or surrounding states impose an equivalent prohibition in all of the surrounding states.
Changes to Existing Rules
This rule modifies current DATCP rules related to the licensing of dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments by incorporating by reference the new livestock premises registration requirements under this rule.
Fiscal Impact
The livestock premises registration program will have no fiscal impact on local government, but it will have a significant fiscal impact on DATCP. DATCP expects to incur one-time costs of $42,000 and annual costs of $918,600 to implement the program (see fiscal estimate attached). DATCP has requested, and hopes to receive, federal funding to cover these costs. However, federal funding is not assured.
If federal funding is not forthcoming, state funding will be needed. As required by
2003 Wisconsin Act 229, DATCP will submit a biennial budget request for state appropriations (tax dollars or fee revenues) to fund the program in the FY 2005-07 biennium. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
Business Impact
This rule implements the livestock premises registration program mandated by the Legislature in
2003 Wisconsin Act 229. This rule will affect an estimated 60,000 Wisconsin businesses, including the following (many of these businesses are “small businesses"):
•
Livestock producers, including dairy, beef, swine, poultry, farm-raised deer, sheep, goat, fish and exotic livestock producers.
•
Horse owners and stable operators.
•
Livestock markets, dealers and truckers.
•
Slaughter establishments.
•
Rendering and dead animal processing establishments.
•
Operators of livestock exhibitions.
•
Veterinary clinics.
Affected businesses must register their premises annually with DATCP. There is no fee. Businesses can register on-line or in writing. Businesses currently licensed by DATCP, including dairy farms, deer farms, fish farms, animal markets, animal dealers, animal truckers, slaughter establishments, equine quarantine facilities and rendering establishments, can comply just by completing a few additional lines on their annual license applications. DATCP will facilitate annual renewals by sending automatic renewal notices to all registrants.
This rule does not create any new record-keeping or reporting requirements, other than the basic annual registration requirement. It does not require businesses to hire any new professional services. This rule establishes a delayed effective date of January 1, 2006, so that affected business will have time to understand and comply with the new registration requirement. For persons currently licensed by DATCP, the effective dates are further delayed to coincide with the start of an annual licensing period.
DATCP will work with the livestock industry to implement the new program, which will have important benefits for the industry. DATCP and its contract agent will implement an information and education program, and it will provide convenient registration mechanisms for affected businesses. DATCP will also make it easy for registrants to renew annually by sending automatic renewal forms (registrants need only update pre-printed information, if that information has changed).
This rule will not have a significant adverse economic impact on small business, and it is not subject to the delayed small business effective date provision in s.
227.22(2)(e), Stats.
A small business analysis (“initial regulatory flexibility analysis") is attached.
Under
2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but it will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Federal Regulation
There is, as yet, no federal law mandating nationwide registration of livestock premises. However, USDA plans to implement a comprehensive livestock identification program that includes state registration of livestock premises. USDA and the United States Animal Health Association have developed a national plan in cooperation with the livestock industry.
Under
2003 Wis. Act 229, Wisconsin rules must be consistent with the national plan. This rule is consistent with the current national plan and will be modified as necessary as the national plan evolves. USDA has funded the development of Wisconsin's premises registration system and may fund its implementation.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
218.04 (7) (d) and
227.11 (2), Stats., and interpreting s. s.
218.04 (9j), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, 345 W. Washington Avenue, 5
th Floor, in the city of Madison, Wisconsin, on the
22nd day of October, 2004, at 9:00 a.m. to consider the creation of a rule relating to authorizations to consolidate accounts.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Explanation of agency authority: Pursuant to ss.
218.04, and
220.02 (3) and
(4), Stats., the division regulates collection agencies.
Related statute or rule: None.
Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.09 (5). The purpose of the rule is to set forth requirements for an authorization received by a licensee from a creditor for consolidating accounts. The rule establishes criteria regarding the form and content of the authorization.
Summary of and preliminary comparison with existing or proposed federal regulation: There is no existing or proposed federal regulation.
Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.
Summary of factual data and analytical methodologies: There is no factual data associated with this rule. The rule was drafted in consultation with trade associations for entities affected by the rule.
Analysis and supporting documentation used to determine effect on small business: Because the rule only establishes the criteria for an already existing requirement, the division believes that the rule will not have a significant effect on small business. The rule merely indicates what the authorization required by s.
218.04 (9j), Stats., must include. Furthermore, the authorization requirements request the most basic information, none of which should create an additional burden. Lastly, an agency must obtain a suit authorization from the client before moving forward with any suit. The authorization required by s.
218.04 (9j), Stats., and further defined by this rule could easily be included as part of that authorization.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
A copy of the proposed rule and fiscal estimate may be obtained from, and written comments regarding the proposed rule may be submitted to, Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website,
www.wdfi.org. Comments may also be submitted via the department's website contact page, e-mail the secretary. All comments not otherwise to be presented at the hearing must be received prior to the hearing set for this rule.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197 and
227.11, Stats., interpreting ss.
29.014 and
29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-26-04(E) pertaining to the 2004 migratory game bird season. For ducks, the state is divided into two zones each with 60-day seasons. The season began at noon September 25 and continues for 60 consecutive days in the north, closing on November 23. In the South, the season opens at noon on October 2 and continues through October 10, followed by a 5-day split, and then reopens on October 16 and continues through December 5. The daily bag limit is 6 ducks. For Canada geese, the state is apportioned into 3 goose hunting zones. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day until October 31 and from November 1 to the end of the season in each zone or subzone, the daily bag limit will be 2 birds per day.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, October 13, 2004 at 1:00 p.m.
Room 517, 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 Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this bill.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 15, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Notice of Hearing
Natural Resources
Environmental Protection—General,
Chs. NR 100—
Environmental Protection—WPDES,
Chs. NR 200—
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.15 and
283.13, Stats., interpreting ss.
281.15 and
283.13, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 106.09 (1),
149.22 and
NR 219, Table A, note 29, Wis. Adm. Code, relating to the whole effluent toxicity (WET) test methods. Monitoring for whole effluent toxicity (WET) is required in WPDES permits in order to determine the potential for impairment of fish and aquatic life from wastewater discharges. The U.S. Environmental Protection Agency promulgated regulations concerning the use of WET methods in 1995. EPA's methods include many provisions which allow different protocols to be followed, depending on the intended use and the area of the country where the test is being applied. Wisconsin permittees are required to conduct WET tests in accordance with the “State of Wisconsin Aquatic Life Toxicity Testing Methods Manual, Edition 1" which is intended to comply with
40 CFR Part 136 while providing procedures specific to Wisconsin. Improvement to WET test methods based on the latest science and recent revisions to EPA methods warrant updating the Methods Manual to a 2
nd edition.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Smaller industrial permittees that discharge to a surface water and have WET requirements in their permits as well as smaller WET labs who may wish to be certified to conduct WET tests.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
The Department's Small Business Regulatory Coordinator may be contacted at:
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, October 12, 2004 at 1:00 p.m.
Room 774B, 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 Kari Fleming at (608) 267-7663 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The changes being proposed to WET test methods are not expected to change the costs of WET program implementation within the Department.
WET test methods must be followed by permittees and contract laboratories when required by a WPDES permit, therefore, local governments are affected if WET testing is required in their permits. However, because the changes that are proposed to WET test methods are not expected to significantly increase the costs currently associated with WET testing, no financial impacts are expected to local governments.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Kari Fleming, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 31, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Fleming.
Notice of Hearings
Natural Resources
Environmental Protection—Water Regulation, Chs. NR 300—
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3) (br),
30.13 (1) and
(1m),
30.206 and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(1g) (a),
(b),
(e) and
(f),
(1p),
(3) and
(3m),
30.13 (1) and
(1m),
30.20 (1g) (b) 2. and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 326, Wis. Adm. Code, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swimming rafts in navigable waterways. The proposed rule will implement
2003 Wisconsin Act 118 by establishing construction, design and placement standards for projects to be eligible for statutory exemptions, establishing general permits and establishing standards for projects that may be authorized under an individual permit. The proposed rule defines and describes design standards to qualify for exemptions for piers, wharves, seasonal boat shelters, boat hoists, boat lifts and swimming rafts. The rule establishes general permits for preexisting piers and permanent boat shelters which meet certain conditions, and establishes standards for specific individual permits for piers. Department staff will work with stakeholders prior to public hearing to develop more specific standards for marinas, and identify any other general or individual permits that may be appropriate.
NOTICE IS HEREBY FURTHER GIVEN that the Department will also be seeking comments on an alternative to the Department's proposed rule that was developed by a citizen stakeholder group. A copy of this alternative rule will be available no later than October 8, 2004.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building contractors, small-scale land developers and consultants who provide plans or designs for projects along public navigable waterways.
b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.
While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.
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 Department will hold an open house from 4:00 p.m. to 6:00 p.m. prior to the hearings in Green Bay, Eau Claire, Merrill, Hayward and Waukesha and from 10:00 to noon in Madison. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, November 1, 2004
Video conference participation will be available at:
OL 1132, Old Library
UW-Eau Claire
105 Garfield Ave.,
Eau Claire
MAC137, Instructional Services Bldg.,
UW-Green Bay
2420 Nicolet Dr.
Green Bay
Wednesday, November 3, 2004 at 6:00 p.m.
Council Chambers, Merrill City Hall
1004 E. 1st Street, Merrill
Thursday, November 4, 2004 at 6:00 p.m.
County Board Room, Sawyer Co. Courthouse
10610 Main Street,
Hayward
Tuesday, November 9, 2004 at 4:00 p.m.
Room 151, State Office Building
141 NW Barstow Street
Waukesha
Wednesday, November 10, 2004 at 12:00 p.m.
Room 027, 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 Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Most of the permitting activities covered by this administrative rule remain unchanged in terms of the workload required by Department staff and revenues generated by required permits. The exception is for permanent boat shelter permits, which were issued on an individual permit basis prior to Act 118, and will be issued as general permits under this proposed administrative rule. The net fiscal impact is estimated to be a workload decrease of about 95 hours/year, which equates to about $2,000 in salary and fringe benefits, and a revenue decrease of about $4,800/year.
Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
The Department's proposed rule and the stakeholder proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Liesa Lehmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
Environmental Protection—Air Pollution Control, Chs. NR 400—
NOTICE IS HEREBY GIVEN that pursuant to s.
285.69 (3), Stats., interpreting s.
285.69 (3), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 406 and
410, Wis. Adm. Code, relating to asbestos permit exemption fees and inspection fees and a program for recovering the exact costs of laboratory fees for sample analysis for the asbestos program. Section
NR 410.05 explains the scenarios in which a fee is charged with the Notification of Intent to Demolish and Renovate required in ch.
NR 447. The current language establishes three fees based on the amount of friable asbestos containing material that will be involved in the scope of the project. This order modifies ch.
NR 410 by increasing the inspection fee amounts that can be collected, as well as adding a new level in which inspection fees can be charged. This order also revises language in chs.
NR 406 and
410 that is inconsistent with ch.
NR 447. Finally, the proposed rule creates the ability to charge the costs of laboratory analysis for samples taken at nonresidential demolition and renovation projects.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building owners, asbestos abatement contractors, demolition contractors and environmental consultants
b. Description of reporting and bookkeeping procedures required: No additional compliance or reporting requirements are required
c. Description of professional skills required: No additional skills are required.
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:
Wednesday, October 13, 2004 at 11:30 a.m.
Room 139, DNR SE Region Hdqrs.,
2300 N. Dr. Martin Luther King, Jr. Drive,
Milwaukee
Thursday, October 14, 2004 at 11:30 a.m.
Prairie Room, Portage County Library
1001 Main Street
Stevens Point
Friday, October 15, 2004 at 11:30 a.m.
Room 349, GEF #3
125 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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Nathan Luedke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
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),
(6) and
(17),
285.60 (6) and
285.69 (1), Stats., interpreting ss.
285.11 (6) and
(17),
285.60 and
285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
406,
407 and
410, Wis. Adm. Code, relating to providing the interface of the state air permitting programs with federal changes to the air permitting program. The State Implementation Plan developed under s.
285.11 (6), Stats., will also be revised. On December 31, 2002, the U.S. Environmental Protection Agency published regulations that significantly changed the way new and modified sources of air pollution are permitted. Changes necessary to implement the federal program cannot be fully utilized unless additional changes are made to the state construction and operation permitting regulations. The proposed rule revisions have been designed to take full advantage of the flexibility made available under the proposed changes that adopt the federal air permitting revisions without compromising on Department or public opportunity for review. The proposed rule revisions are intended to provide flexibility to stationary sources utilizing the permit applicability exclusions provided within the federal rule changes.
Currently, all emission limitations and specific conditions that are contained within a construction permit are considered federally enforceable because there is no mechanism within the construction permit program to identify “state-only" requirements whose underlying authority does not rest within Wisconsin's State Implementation Plan. These rule revisions will enable Wisconsin to identify requirements as “state-only" conditions in construction permits where the underlying rule has not been submitted to U.S. Environmental Protection Agency for inclusion in the State Implementation Plan and thus not intended to be federally enforceable, or is not required by federal law.
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. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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:
Tuesday, October 26, 2004 at 1:00 p.m.
Room 124A & B, State Office Building
1681 Second Ave. South
Wis. Rapids
Thursday, October 28, 2004 at 1:00 p.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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
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) and
(6),
285.60 (2g),
(3) and
(6) and
285.69 (1), Stats., interpreting ss.
285.11 (6),
285.60 (2g) and
(3),
285.61 and
285.62, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
406,
407 and
410, Wis. Adm. Code, relating to implementing general and registration air permit programs required by
2003 Wisconsin Act 118. The State Implementation Plan developed under s.
285.11 (6), Stats., will also be revised. The proposed rule revision establishes criteria and procedures for the issuance of general and registration air permits. These rules are intended to provide industry and the Department with a streamlined approach to permitting low emitting sources or categories of similar sources. Sources that are eligible for and which choose to take advantage of a general or registration permit would complete a simplified permit application form. General and registration permits would already have been completed by the Department for the targeted sources or source categories using permit language that is standard for the sources to be covered by the permit. This process will provide greater certainty, flexibility and timeliness to the permitting process.
The proposed rule establishes the general framework for these permits by setting implementation criteria. Specific permit criteria will be developed during permit preparation of sources that could be regulated by registration or general permits include those that have actual emissions significantly lower than federal major source thresholds, nonmetallic mineral processing plants, asphalt plants, small natural gas fired generators, digestors, small heating units, printing presses and hospital sterilization equipment.
Also included in this proposed rule is a minor change to clarify the permit exemption criteria for grain processing and grain storage facilities. This clarification is necessary to ensure that column dryers and rack dryers are included in the exemption criteria, as was intended in the original rule development. Included in this package as well is a minor technical change to provide correct references to the recently updated ch.
NR 445 which was inadvertently omitted in the processing of that rule package.
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. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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:
Thursday, October 28, 2004 at 3:00 p.m.
Room 511, GEF #2
101 South Webster Street
Madison
Wednesday, November 3, 2004 at 1:00 p.m.
Room 141, DNR SE Region Hdqrs.
2300 N. Dr. Martin Luther King Jr., Drive
Milwaukee
Thursday, November 4, 2004 at 1:00 p.m.
Schmeekle Room, UW-Stevens Point
2419 North Point Drive
Stevens Point
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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The use of general and registration permits will result in reduced programmatic costs in the long run. While the Department will spend resources similar to that of a standard permit review to prepare a general permit or a registration permit, the resulting product will be used to regulate several similar sources resulting in lower costs associated with review of permit applications.
It is anticipated that approximately 50 registration permits and 50 general permits will be issued for new construction annually. Under proposed fees for these projects, the department would see $155,000 in additional revenue. If these projects were required to undergo the traditional permit route, the Department would garner approximately $500,000 in permit fees for these projects. Although the registration and general permit programs will result in less administrative burden for regulated facilities, the department will incur the costs of implementing the program and developing permits for use under these programs. Thus, these programs are not expected to change the department's need for permitting resources.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 5, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
343.02,
343.03 (5) and
343.14 (2) (f), Stats., and interpreting s.
343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in
Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
12th day of
October, 2004, at
1:30 PM, to consider the amendment of ch.
Trans 102, Wisconsin Administrative Code, relating to the issuance of driver licenses and identification cards.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: This proposed rule modifies s.
Trans 102.14, relating to the issuance of driver licenses and identification cards. Current law requires the Department to issue driver licenses at motor vehicle service centers. This rule making is intended to permit the Wisconsin Division of Motor Vehicles (DMV) to mail permanent driver license and ID card documents from a centralized issuance facility. DMV would issue a temporary paper receipt (license or ID card) at DMV service centers. DMV recognizes a number of business advantages to using a centralized issuance system including a reduction in identity theft, persons having multiple identities, and residency fraud.
In addition, this rule making makes clear that the department may decline to immediately issue licenses and ID cards at motor vehicle service centers to persons who have not previously been issued licenses in Wisconsin or another jurisdiction. Licenses are mailed to such individuals at the address specified in their license application. DMV has been mailing out licenses to individuals in these categories on a pilot basis and determined that it helps identify persons who are fraudulently representing themselves as Wisconsin residents.
Finally, the proposed rule making would give DMV explicit authority to withhold immediate distribution of licenses and to use mail distribution if other patterns of fraudulent application activity are determined and a person's application fits that pattern.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: There are no existing or proposed federal regulations on this matter.
Comparison with Rules in Adjacent States:
Michigan: Central Issuance System
Minnesota: Central Issuance System
Illinois: Over-the-counter Issuance System
Iowa: Over-the-counter Issuance System
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: DMV has mailed licenses since March 1, 2004 to drivers who are new license or ID applicants in Wisconsin and who have not been previously licensed in another jurisdiction. In that time, about 600 licenses or IDs have been returned to the department and cancelled because the mailing address provided by the applicant was invalid. The fact that this mechanism has been successful in reducing the issuance of falsified identification documents suggests that permanent adoption of a Central Issuance System is appropriate. The American Association of Motor Vehicle Administrators (AAMVA), which represents all U.S. and Canada jurisdictions, recommends a centralized issuance system as an effective method in reducing identity theft, residency fraud, and internal theft of stock materials needed to manufacture licenses and ID cards. A number of long-term, over-the-counter issue states such as Kansas, Washington, Colorado, Utah and Maine have recently switched to a central issuance system to reduce identity theft and other fraud-related issues. Delaying issuance will allow the Department to review and investigate questionable applications before the permanent card is issued.
Persons applying for a license under a centralized issuance system would receive a temporary license document if they need a license document.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule will have no adverse impact on small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business on the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Mr. Alioto by phone at (608) 267-4524.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.14 (2) (f), Stats., and interpreting s.
343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in
Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
12th day of
October, 2004, at
1:30 PM, to consider the amendment of ch.
Trans 102, Wisconsin Administrative Code, relating to proof of identification.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: This proposed rule modifies s.
Trans 102.15, relating to proof of identification required to obtain a Wisconsin driver license or identification card. The amendment updates what documents the Department will accept for identification purposes when issuing driver licenses or identification cards. The Department proposes removing documents that no longer exist and removing documents with poor security and integrity. The Department also proposes to add acceptable identity documents that are useful in verifying a person's name, date of birth, identity and residency. The rule changes will help ensure that driver licenses and identification cards are issued to correctly identified people and not to persons using fictitious identities.
Other proposed changes include:
• Establishing acceptable documents as proof of Wisconsin residency.
• Giving law enforcement and Department employees the right to confiscate documents submitted for proof to support a false statement of the person's name and date of birth, identity or residency.
• Permitting the Department to require additional proof of identity in circumstances where identity theft has been reported.
This rule making creates s.
Trans 102.025 which establishes criteria for all documents accepted by the Division of Motor Vehicles (DMV) as part of an application for driver license. This also sets the general rule that a document with a photograph of a person will not be accepted unless the person is readily recognizable from the photograph. Throughout s.
Trans 102.15, the descriptive word “identifiable" is deleted because the now “readily recognizable" standard is adopted with regard to all documents that contain photographs. The intent is to give DMV field staff and processors more ability to request additional ID when a person is not easily recognized as being the person in a photo ID document.
Finally, this rule making proposes to permit the Department to enter into an agreement with the Department of Corrections (DOC) under which the DOC, as agent for the Department, can take digital photographs of inmates or to accept and transmit entire driver license applications to DMV. Permitting the Department of Corrections to transmit driver license applications to DMV may reduce DOC costs and enhance security by allowing driver license and ID card applications to be processed without requiring the DOC to transport inmates to DMV service centers.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal law requires all commercial driver license (CDL) applicants provide social security numbers to the Department. Current statutes, however, require the Division of Motor Vehicles to issue a license without a social security number to any person who completes a form specified by the Department of Workforce Development (DWD). The DWD's form does not permit CDL applicants to obtain a waiver of the social security number requirement.
Comparison with Rules in Adjacent States: The following chart summarizes the provisions of proposed amendments to Ch.
Trans 102 and how the issue is dealt with in the states bordering Wisconsin.
Wisconsin
|
Michigan
|
Minnesota
|
Illinois
|
Iowa
|
Confiscation of Documents –Proposed Trans 102.025 (3) would permit DMV to seize suspected false identification documents.
Does the state permit the DMV to confiscate suspected false identification?
|
Yes, documents turned over to Investigative Unit
|
No, copy made, license not issued until issue resolved.
|
No, document turned over to investigator on-site
|
Yes
|
SSN Religious Exemption – Repeal of existing s. Trans 102.15 (5) (b) would eliminate citizens' ability to cite religious grounds as a reason to decline to provide a social security number when obtaining a driver license.
Does the state permit persons to decline to provide a SSN when obtaining a driver license?
|
Yes
|
No
|
No
|
No
|
This rulemaking proposes to disallow use of a number of documents as identity documents in the driver licensing process. The following shows whether the states identified permit or do not permit the use of the cited documents for identification purposes in driver licensing.
|
Wisconsin
|
Michigan
|
Minnesota
|
Illinois
|
Iowa
|
A notification of birth registration issued by the state division of health or a county or health department s. Trans 102.15 (3) (a) 12.
|
No
|
No
|
No
|
No
|
A federal I-181 “memorandum of creation of lawful permanent residence"
s. Trans 102.15 (3) (a) 13.
|
No
|
No
|
No
|
No
|
A northern marina card
s. Trans 102.15 (3) (a) 14.
|
No
|
Yes
|
No
|
No
|
A U.S. merchants service photo identification card
s. Trans 102.15 (4) (a) 8.
|
No
|
No
|
No
|
No
|
A copy of the person's federal or state income tax return
s. Trans 102.15 (4) (a) 9.
|
No
|
No
|
No
|
Only tax documents completed by gov. agency
|
A professional license
s. Trans 102.15 (4) (a) 10.
|
No
|
No
|
No
|
No
|
A private investigator's license
s. Trans 102.15 (4) (a) 15.
|
No
|
No
|
No
|
No
|
A life insurance policy
s. Trans 102.15 (4) (a) 16.
|
No
|
No
|
No
|
No
|
A canceled check
s. Trans 102.15 (4) (a) 17.
|
No
|
No
|
No
|
No
|
A Canadian social insurance card
s. Trans 102.15 (4) (a) 20.
|
No
|
No
|
No
|
Yes
|
Amended – Proof of Name and Date of Birth
|
Proposed s. Trans 102.15(3)(a)15. would permit DOT to accept Native American identification cards if they meet several requirements.
Does the state permit the use of Native American identification cards for identification purposes in driver licensing?
|
No
| |
No
|
Permits use of ID card issued by the Cana-dian Dept. of Indian Affairs. U.S. Bureau of Indian Affairs or tribal ID cards are not acceptable as primary, but are accepted as secondary document
|
The rule proposes to accept driver licenses or IDs from other jurisdictions that are expired for less than 8 years.
s. Trans 102.15(3)(a)16.
s. Trans 102.15(4)(a)2. and 5.
Does the state accept driver licenses or IDs from other jurisdictions as proof of ID? If so, may the license/ID be expired?
|
Accepts another state or a Canadian driver license or identifica-tion card with a photo.
|
Accepts a photo driver's license, state identification card, or permit issued by a US state other than MN, DC, Guam, US VI, or Canadian Province or territory that is current or expired for 5 years or less.
|
Accepts out-of state drivers license/ID card only if “current."
|
Accepts photo driver's license/ID card or certified copy of a license/ID card that is valid or has not been expired more than 1 yr.
(Specifically rejects state ID cards from a few selected states.)
|
This rule proposes to allow DMV to accept a court order under seal related to the adoption or divorce of the individual or to a name or gender change that includes the person's current full legal name, date of birth and, in the case of a name change or divorce orders, the person's prior name.
s. Trans 102.15(3)(a)17.
Does the state permit the use of court orders as ID?
|
Court Orders with seals or be a true copy.
|
Certified Court Orders
|
Court Order
|
Court order containing the applicant's full name, date of birth and court seal may be used as primary identification.
A court order that does not contain the applicant's date of birth but does have full name may be used as a secondary form of ID.
|
Amended – Proof of Identity
|
Proposed s. Trans 102.15(4)(a)6. would allow employer IDs to be used as proof of ID if the ID meets certain requirements.
Does the state permit use of employer IDs as proof of identity?
| |
No
|
No
|
Yes
|
Proposed s. Trans 102.15(4)(a)7. would allow a student photo identification card containing a photograph of the person to be used as ID.
Does the state permit photo student IDs to be used as proof of identity?
|
Yes
|
Yes
|
No
|
Yes
|
Proposed s. Trans 102.15(4)(a)12. would permit the use of a valid original driver license from a foreign country accompanied by an international driver's permit that translates the original license as ID.
Does the state permit licenses from other countries and their translations to be used as proof of ID?
|
Yes
|
No
|
No
|
No
|
Does the state permit welfare cards (Wisconsin Quest cards) to be used as proof of ID?
s. Trans 102.15(4)(a)18.
|
No
|
No
|
No
|
Yes
|
s. Trans 102.15(4)(a)19.
|
No
|
No
|
No
|
Yes
|
Does the state permit use of identification cards issued by a Mexican consulate bearing photo-graphs and signatures, or reproduction of the signatures, of the person as proof of ID?
s. Trans 102.15(3)(a)19.
| |
No
|
No
|
No
|
The department proposes to permit the department of corrections to take photos and accept driver license and ID applications from inmates and to accept the Wisconsin department of corrections ID cards as identity documents.
s. Trans 102.15(3)(a)20.
Does the state permit use of prison system IDs as proof of ID or permit prison staff to collect driver license applications on behalf of the driver licensing agency?
|
No
|
No
|
No
|
No
|
The department proposes to permit use of utility bills for water, gas, electric or land line phone service to be used as proof of Wisconsin residency.
s. Trans 102.15(4m)(b)
Does the state permit use of utility bills to prove residency?
|
No
|
No
|
Yes
|
Yes
|
The department proposes to permit the use of paycheck or pay stub with the customer's name and address, and the employer's name and address as proof of Wisconsin residency. s. Trans 102.15(4m)(c)
Does the state permit use of pay stubs as proof of residency?
|
No
|
No
|
yes
|
Yes
|
The department proposes to permit use of an account statement at least 30 days old from a Wisconsin financial institution as proof of residency. s. Trans 102.15(4m)(d)
Does the state permit use of financial institution account statements as proof of residency?
|
No
|
No
|
Yes
|
Yes
|
The department proposes to permit use of Milwaukee county ID cards issued after February 2000, but no later than July 1, 2003, as proof of residency. s. Trans 102.15(4m)(e)
Does the state permit the use of county ID cards as proof of residency?
|
No
|
No
|
No
|
No
|
The department proposes to permit the use of an individual taxpayer identification number, or ITIN, along with the IRS letter listing a Wisconsin address as proof of residency.
s. Trans 102.15(4m)(f)
Does the state permit use of tax ID numbers and IRS correspondence as proof of residency?
|
No
|
No
|
No
|
No
|
The department proposes to permit use of Wisconsin work permits for minors to be used as proof of residency.
s. Trans 102.15(4m)(g)
Does the state permit use of state issued work permits to be used as proof of residency?
|
No
|
No
|
No
|
No
|
The department proposes to permit an affirmation by an applicant's spouse, mother, father, child or legal guardian verifying that the applicant is a resident of Wisconsin as proof of residency if the person affirming holds a valid Wisconsin drivers license or ID card. s. Trans 102.15(4m)(h)
Does the state permit parents, spouses, children or legal guardians who hold driver licenses to affirm the residency of the driver?
|
No
|
No
|
No
|
No
|
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: The Department compared the requirements of Wisconsin law with those of other states, AAMVA recommendations, and recommendations from Department staff in making changes to the types of documentation that will be acceptable as proof of name, date of birth, identity and residency.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule will have no adverse impact on small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business on the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Mr. Alioto by phone at (608) 267-4524.
