Chapter
NR 58, subch. III is created to establish this new program. The program is intended for management, restoration and protection of private land with habitat for at-risk species. At-risk species are defined by the Department to include species listed as endangered, threatened, candidate or special concern at the state or federal level; species identified by the Comprehensive Wildlife Conservation Plan; or species otherwise determined by the state to be in decline. The new program will provide a 25% cost-share to private landowners and organizations who meet the criteria of the program.
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 hearing will be held on:
August 23, 2005 Gathering Waters Conference Room
Tuesday at 6:00 p.m. DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jennifer Bardeen at (608) 266-8736 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Jennifer Bardeen, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 25, 2005. 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. Bardeen.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting s.
23.33 (2) (b) 5., Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 64.03 (10), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) registration exemption.
2003 Wisconsin Act 251 created s.
23.33 (2j), Stats., that requires all out-of-state ATVs not registered in Wisconsin to display a nonresident trail pass. Prior to operating an ATV in Wisconsin, current law requires all ATVs to be registered in Wisconsin unless exempted. The proposed rule for a registration exemption is necessary because s.
23.33 (2j), Stats., mandating the display of a nonresident trail pass did not address nonresident concerns whose home state, such as Illinois and Michigan, did not have an ATV registration program. The proposed rule will also require that the nonresident trail pass be permanently affixed to the forward half of the ATV in manner that is visible at all times.
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 hearing will be held on:
September 8, 2005 Video conference participation is Thursday at 10:00 a.m. available at:
Room 8F, State Office Building
101 E. Wilson Street
Madison
Room 220, UW Marathon Center
518 South 7th Avenue
Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Brooks at (608) 266-7820 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
This fiscal estimate is based on a proposed ATV registration exemption rule that would affect out of state ATV operators who bring nonresident ATVs (specifically Michigan and Illinois) to Wisconsin. Instead of requiring the display of a home-state registration, the rule would require the nonresident ATV to display only a Wisconsin nonresident trailpass on the machine, unless they opted to continue to register the ATV in WI.
Currently, nonresident ATV operators from Michigan and Illinois are required to register their machines in WI because of a legal requirement stemming from an irregularity in the law. If the states of Michigan and Illinois had a registration program, the residents of those states would not be affected by the irregularity. However, because of the irregularity, those ATVers cannot simply ride their ATVs in Wisconsin displaying only a nonresident trailpass, and at this time, the purchase of a nonresident trail pass by Michigan or Illinois ATVers is a cost that affords no legal riding benefit.
The rule change could affect Wisconsin's registration of 9,218 ATVs from Illinois and 367 ATVs from Michigan. The combined total of Wisconsin registered ATVs from those states is 9,585. Each Wisconsin registration costs $30 for a two-year period, which generates $287,550 biennially. Since all ATV registrations don't expire at the same time every two years, only about 50% of the 9,585 registrations expire annually, or 4,793 registrations, which equals $287,550 and $143,775 respectively. The proposed rule could initially be viewed as a negative impact to the registration program; however, those machines not registering in WI would in turn be required to display a nonresident trail pass. The cost of a nonresident trail pass costs $18 annually.
Written Comments and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 2005. 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. Brooks.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting s.
23.33 (6m), Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 64.07 (3) and
(4), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) noise testing procedure.
2003 Wisconsin Act 251 created a new law regarding ATV noise emissions, s.
23.33 (6m), Stats., which prohibits a person or manufacturer from selling, renting or operating an ATV if the noise level from the ATV exceeds 96 decibels on the A scale in a manner prescribed under rules promulgated by the DNR. The A scale is a measuring technique that uses a sound meter to measure noise in the same manner that a human ear interprets noise. The Department proposes to use an existing noise-measuring standard (SAE 1287) that is approved by the Society of Automotive Engineers. This standard is consistently used by governing agencies that regulate noise laws.
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 hearing will be held on:
September 8, 2005 Video conference participation is
Thursday at 10:00 a.m. available at:
Room 8F, State Office Building
101 E. Wilson Street
Madison
Room 220, UW Marathon Center
518 South 7th Avenue
Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Brooks at (608) 266-7820 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
State statute 23.33 (6m) pursuant to Wisconsin
2003 Act 251 restricted noise levels from ATVs. The Act did not prescribe a method to measure the noise. The method was to be promulgated in a rule by the department. Funding to acquire the noise measuring equipment was also provided in Act 251 as was operating dollars for patrol and training. The rule is procedural and any unanticipated costs will be absorbed by the ATV program.
Written Comments and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 2005. 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. Brooks.
Notice of Hearing
Natural Resources
(Environmental Protection-
Pollution Discharge System, Chs.
NR 200—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.16,
281.19,
281.41,
281.65,
283.001,
283.11,
283.13,
283.31 and
283.37, Stats., interpreting ss.
227.11 (2),
281.16,
281.19,
281.41,
281.65,
283.001,
283.11,
283.13,
283.31 and
283.37, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 243, Wis. Adm. Code, relating to animal feeding operations. Included in ch.
NR 243 are requirements for large, medium and small concentrated animal feeding operations (CAFOs) under the Wisconsin Pollutant Discharge Elimination System (WPDES) permit program. The major provisions of the code revision are:
• Animal units: The Department is proposing changes to animal unit equivalencies used to determine the size thresholds for CAFOs (large, medium and small). These changes are primarily the result of changes to federal animal unit numbers and mostly impact operations with heifers or veal calves or poultry operations with a non-liquid manure handling system.
• General permits: The proposed revisions outline application and general eligibility and coverage requirements for issuance of a general WPDES permit that could be used to cover CAFOs.
• Standard CAFO requirements: The rule changes include a number of standard requirements designed to address potential water quality impacts from CAFOs and to incorporate federal requirements. Some of these include managing areas of the operations where animals are not held in confinement (CAFO outdoor vegetated areas), mortality management, restrictions on chemical disposal in storage or containment facilities, stormwater controls and development of an emergency response plan.
• Nutrient management and NRCS 590: The Department is proposing to incorporate an updated version of the Natural Resources Conservation Service (NRCS) technical standard for nutrient management (NRCS 590, November 2004) as well as other nutrient management requirements.
• Surface Water Quality Management Area (SWQMA) restrictions: The proposed revisions identify conservation practices to be implemented within the SWQMA (1,000 feet of a lake, 300 feet of a stream) to protect against acute manure runoff events and long-term nutrient delivery to surface waters. These provisions are also intended to address federal requirements mandating a 100-foot setback from navigable waters/conduits to navigable waters (or equivalent) or a 35-foot vegetated buffer.
• Manure application restrictions on frozen or snow-covered ground: Key proposed revisions include: (1) A prohibition on surface applications of liquid manure on frozen or snow-covered ground at all times; and (2) A prohibition on surface applications of solid manure on frozen or snow-covered ground in February and March. Proper incorporation or injection of liquid and solid manure would be allowed under frozen or snow-covered ground conditions at all times. These liquid manure restrictions would become effective on January 1, 2010 for existing source CAFOs and upon permit issuance for new source CAFOs.
• Phosphorus delivery: All CAFOs would be required to implement phosphorus-based nutrient management. In addition to the phosphorus requirements in NRCS Standard 590, the proposed revisions add additional restrictions intended to address phosphorus delivery to surface waters.
• Groundwater protection: The proposed revisions include increased setbacks from karst features, drinking water supply wells and additional application restrictions based on separation distances to groundwater and bedrock.
• Manure stacking: The proposed rule revisions allow for the temporary unconfined stacking of solid manure with 16% solids or greater during winter months in lieu of storage in a designed storage facility.
• Responsibility for CAFO manure: The revisions identify the circumstances under which CAFOs are not considered to be responsible for the disposal/land application of the manure they generate.
• Monitoring/inspections/reporting: The revisions reflect federal monitoring, self-inspection and reporting requirements as well as additional requirements for maintaining and determining compliance with nutrient management requirements.
• Small/medium CAFOs: The revisions reflect federal and state authority to define and designate small and medium size animal feeding operations that have discharges to navigable waters as CAFOs and to issue WPDES permits for those discharges. The revisions also outline permit requirements for permits issued to small and medium CAFOs.
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: Animal feeding operations
b. Description of reporting and bookkeeping procedures required: In accordance with revised federal rule requirements, permittees must conduct frequent inspections of water lines (daily), storm water diversions (weekly) and storage facilities and runoff control systems (weekly) at the animal production area. These inspections are then summarized in a quarterly report and these quarterly reports are submitted to the Department on an annual basis. For land application activities, the proposed code requires periodic manure and soil sampling, daily spreading logs documenting spreading activities, and a weather log. Permittees summarize this information and submit it to the Department as part of an annual report. In general, the required bookkeeping procedures are designed to document that an operation is complying with the regulations. For permitted operations, the revised code proposal does not significantly alter current code requirements, aside from the addition of certain types of self-inspections that are required and the maintenance of a weather log. The Department is in the process of creating standardized reporting forms that will increase the ease and consistency of reporting. Permitted operations must keep all records on-site for five years. Since these are federal requirements, the Department may not waive or provide less stringent requirements.
c. Professional skills necessary: The requirements of the proposed rule changes are similar to the type of requirements currently in the rules, so the type of professional skills required to comply with the rule are not expected to be significantly different. Depending on the knowledge, training, qualifications and time available of an owner or operator of a given permitted operation, a nutrient management plan may or may not require involvement of a hired certified agronomist or other qualified professional. Most large CAFOs already have professional agronomists develop their nutrient management plans. Smaller operations are more likely to need outside assistance given time and resource restrictions. Many, if not most, large CAFOs hire professional engineers to design their structural facilities and systems. Given the size, complexity and technical nature of the design of systems and structures, it is difficult for permittees to comply with design requirements associated with the permit, short of basic earth-moving, without the involvement of a professional with expertise in the area of design and construction. For example, a manure storage facility for a 2000 animal unit dairy designed to provide six months of storage has a volume of approximately 5.5 million gallons. All size operations may, if available, have access to design and technical assistance from counties or NRCS staff free of charge.
NOTICE IS HEREBY FURTHER GIVEN that the Department has prepared an Environmental Assessment in accordance with s.
1.11, Stats., and ch.
NR 150, Wis. Adm. Code, that has concluded that the proposed rule is not a major state action which would significantly affect the quality of the human environment and that an environmental impact statement is not required.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an informational session from 4:00 p.m. to 5:30 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rule revisions.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 15, 2005 Roosevelt Room
Monday at 6:00 p.m. Ramada White House
1450 Veterans Drive
Richland Center
August 17, 2005 UW-Extension
Wednesday at 6:00 p.m. Jefferson County Office
864 Collins Road
Jefferson
August 18, 2005 Room 103
Thursday at 6:00 p.m. Chippewa Valley Tech. College,
Business Education Center
Clairemont Campus
620 West Clairemont Avenue
Eau Claire
August 22, 2005 Room E101/E102
Monday at 6:00 p.m. Northcentral Tech. College
1000 W. Campus Drive
Wausau
August 25, 2005 Auditorium
Thursday at 6:00 p.m. Bay Beach Wildlife Sanctuary
1660 E. Shore Drive
Green Bay
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Tom Bauman at (608) 266-9993 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The fiscal impacts of revisions to ch.
NR 243 falls into two major areas--increasing the amount of review time required for nutrient management plans and increasing the number of reviews for manure storage facilities.
The estimated impact is as follows:
(A) Nutrient management plans. The Department estimates that an additional 10 hours of staff time will be required for each annual review of a nutrient management plan. This type of work is typically done by a Wastewater Specialist - Senior. Assume 235 CAFOs * 10 hours each = 2,350 additional staff hours per year. This equates to 1.3 FTE (2,350 hours/1800 hours per FTE = 1.3 FTE) and associated salary-related costs (excluding fringes) of $53,369 (2,350 hours * $22.71/hr = $53,369).
(B) Manure storage facilities. The Department estimates that there will be a 40% increase in the number of manure storage facilities and that each facility will require 8 hours of review time. This type of work is typically done by a Water Resources Engineer - Senior. Assume 235 CAFOs * 40% increase in storage facilities = 94 new storage facilities * 8 hours review per facility = 752 additional hours over a 5-year period/5 years = 150 additional staff hours per year. This equates to approximately 0.1 FTE per year (150 hours/1800 hours per FTE = 0.1 FTE) and associated salary-related costs (excluding fringes) of $2755 (150 hours * $25.03/hr = $3755).
Other State and Local Agencies. Since the WPDES permit program is administered solely by the Department, other state and local agencies should not expect increased costs associated with administering the changes to WPDES permit requirements. Other state (primarily, the Department of Agriculture, Trade and Consumer Protection) and local agencies (primarily Land Conservation Departments) may experience additional requests for assistance from CAFOs in developing nutrient management plans and design of storage and runoff control facilities; however, the modifications to NR 243 do not require such assistance given that private consultants can provide the same services.
Private Sector. Fiscal impacts on the private sector primarily relate to phosphorus-based nutrient management requirements and to storage design requirements for solid and liquid manure. The Department estimates that the total annual statewide fiscal impact on CAFOs will range from $1.8 million to $6.1 million over each of the first five years of the revised rule. The great majority of costs are associated with manure storage requirements.
Using a variety of assumptions, the Department estimates a total annual statewide increase in costs associated with phosphorus-based nutrient management requirements of about $90,000 over each of the first five years of the revised rule. In estimating the cost impact, the Department assumed that 32% (75 operations) of existing and new operations over the next five years would fall under phosphorus-based nutrient management planning requirements for the first time as a result of the revised rules. Only 11% (8 operations) of these operations would experience increased costs based on soil test levels. Based on an estimated cost of $5.63 per animal unit per year for phosphorus-based management and an average of 2,000 animal units per CAFO, annual increases in costs associated with the new rule total $90,000 for proposed phosphorus-based nutrient management requirements
The Department estimates total annual statewide costs associated with manure storage requirements at $1.8 million to $6.1 million per year over each of the first five years of the revised rule. This cost estimate assumes that 50-70% of all current and future CAFOs have or will have 6 months of liquid manure storage regardless of the proposed revisions to ch.
NR 243 and would not be impacted by the storage provisions in the proposed rule changes. The remaining 30-50% would need to build some amount of storage to comply with the proposed rule changes. If one assumes that a 2,000 animal unit operation produces 736,100 cubic feet of manure and process wastewater in a 6 month period, the range of manure storage construction costs would be $257,700 to $404,900 for six months of storage. If 30-50% of the current and future CAFOs would have otherwise built at least a 3 month storage, irrespective of the new NR 243 requirements, total cost is estimated at $1.8 million to $3.0 million/year. If 30-50% of the current and future CAFO would not have otherwise built any storage and are required to construct 6 month storage, total cost is estimated at $3.7 million to $6.1 million/year.
Written Comments and Copy of Rule
The proposed rule, fiscal estimate and environmental assessment may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Tom Bauman, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 9, 2005. 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, fiscal estimate and environmental assessment may be obtained from Mr. Bauman. The information is also available on the Department's website at:
http://dnr.wi.gov/org/water/wm/nps/rules/nr243/nr243.htm
Notice of Hearing
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
285.30 (2) and
(6) (b), Stats., interpreting ss.
285.11 (6) and
285.30 (2) and
(6) (b), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 485.04 and
485.06, Wis. Adm. Code, relating to motor vehicle emission limitations and tampering with motor vehicle air pollution control equipment. The Department's State Implementation Plan will be revised as a result of this revision. A motor vehicle inspection and maintenance (I/M) program has been in effect in southeastern Wisconsin since 1984. The program is presently operating in the seven counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. To meet requirements for I/M programs in the federal Clean Air Act Amendments of 1990, Wisconsin started “enhanced" emission inspections on December 4, 1995. The enhanced inspection procedures (transient emission test and gas cap integrity test) are more effective in identifying high-emitting vehicles and in diagnosing the causes of excess emissions than were the original inspection procedures.
