•
Discharges to the environment (an operator must report discharges to DNR per DNR rules, and must provide DATCP with the operator's environmental assessment related to any leaking storage container).
Under this rule, an operator must:
•
Keep API 653 inspection records for as long as the operator owns or operates the storage facility.
•
Keep records of pressure tests, inspections and maintenance for at least 3 years.
•
Keep the records at the storage facility or nearest local office.
•
Make the records available to DATCP for inspection and copying upon request.
Real Estate Sale or Lease; Disclosure
Under this rule, an operator must do all of the following before the operator sells or leases storage facility real estate for a different use (this rule does not limit other disclosures that may be required under other applicable law):
•
Notify DATCP of the impending sale or lease.
•
Disclose to the purchaser or lessee that the real estate has been used as a storage facility.
Inspection and Enforcement
DATCP may inspect a storage facility for compliance with this rule, and may take enforcement action as necessary. Under current state statutes, DATCP is authorized to do all of the following as necessary:
•
Conduct investigations and issue warning notices.
•
Inspect facilities, and collect product and environmental samples for testing.
•
Inspect and copy records.
•
Issue subpoenas and investigative demands.
•
Issue orders to correct violations of this rule. DATCP may issue orders on a summary basis, without prior notice or hearing, if necessary to protect public health or the environment.
•
Seek court action to enforce this rule or a DATCP order. This may include actions for injunction, or for a civil forfeiture of up to $1,000 per violation (each day of violation constitutes a separate offense). DATCP may also seek criminal penalties if appropriate (fine of up to $200 and 6 months in jail, or both).
•
Deny, suspend, revoke the operator's license as a fertilizer manufacturer or distributor or pesticide application business.
•
Order an operator to investigate and clean up environmental contamination resulting from a discharge. DATCP may order removal of structures, as necessary, for the environmental cleanup.
•
Deny reimbursement of environmental cleanup costs for which the operator would otherwise be eligible (for example, if a discharge occurs because of an intentional or grossly negligent violation of storage rules).
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP will request permission from the attorney general and revisor of statutes to incorporate the following standards by reference in this rule, without reproducing the complete standards in this rule:
•
American Petroleum Institute standard 650, Welded Steel Tanks for Oil Storage, 10th edition (September 1, 2003).
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American Petroleum Institute standard 653, Tank Inspection, Repair, Alteration, and Reconstruction, 3rd edition (December 1, 2001).
•
Wisconsin Minimum Design Standards for Concrete Agrichemical Containment (February, 2005), written by Professor David W. Kammel, Department of Biological Systems Engineering, University of Wisconsin-Extension.
Copies of these standards will be kept on file with DATCP, the secretary of state and the revisor of statutes. Copies are not reproduced in this rule.
Fiscal Estimate
This rule will increase DATCP costs by approximately $24,400 per year. Additional staff time will be needed to train storage facility operators, review and comment on storage facility construction plans, and monitor compliance with construction standards and other requirements. This rule will not generate any new revenue to cover the increased costs, so DATCP will need to absorb the increase at the expense of other program activities. A complete fiscal estimate is attached.
This rule does not increase industry fees. By minimizing agrichemical discharges to the environment, this rule may limit the long-term growth of reimbursement claims under the agricultural chemical cleanup program. That would have a positive effect on DATCP's agricultural chemical cleanup fund, which is financed by industry fees. However, DATCP cannot accurately estimate the impact at this time.
Business Impact
This rule applies to commercial operators who store unpackaged bulk fertilizer or pesticides for sale or distribution. Many of these operators are “small businesses." A complete small business analysis (“initial regulatory flexibility analysis") is attached.
This rule does not apply to any of the following:
•
Manure storage.
•
On-farm storage of fertilizer or pesticide for on-farm use (not for sale or distribution).
•
Facilities that store only packaged fertilizer or pesticides.
This rule establishes some new construction standards for fertilizer and pesticide storage facilities. These new standards apply to structures that are constructed or substantially altered after the effective date of this rule. This rule will not have a significant impact on an existing facility unless the operator substantially alters structures in that facility. Routine maintenance and repair is not considered a substantial alteration.
Under this rule, an operator must have construction plans reviewed by a professional engineer, and must submit the construction plans for discretionary review by DATCP. This may entail some additional costs for some operators, but will help prevent much more costly design and construction errors. This rule does not require DATCP pre-approval of new construction or alterations. This rule allows design flexibility, consistent with minimum standards.
Improved design and construction of storage facilities will minimize environmental contamination and costly cleanups that pose a large financial risk to storage facility operators. Environmental cleanup costs are typically much higher than preventive design and construction costs. Reduction of cleanup costs will also minimize financial demands on the industry-funded agricultural chemical cleanup program.
This rule reduces the overall recordkeeping burden for affected businesses (it adds some recordkeeping requirements but eliminates others). Consolidation of current fertilizer and pesticide bulk storage rules will make the rules easier to read, understand and implement.
DATCP has worked with University of Wisconsin-Extension to spell out basic design standards for concrete structures, so that engineering firms will not have to design those structures from scratch. That will reduce design costs for facility operators.
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.
Environmental Impact
This rule will help prevent environmental damage from fertilizer and pesticide spills at bulk storage facilities. This rule will have no significant adverse environmental impact. An environmental assessment is attached.
Federal and Surrounding State Programs
Federal Programs
There are no comparable federal programs to regulate the storage of bulk fertilizer or pesticides (Wisconsin is a national leader).
Michigan
Michigan's bulk fertilizer and pesticide storage rules are similar to Wisconsin's. Michigan requires mixing and loading pads and secondary containment structures, but does not have minimum design or construction standards for those structures (nor does it require professional engineering review of design specifications).
Minnesota
Minnesota's bulk pesticide storage rules are similar, in many respects, to Wisconsin's. Minnesota has not promulgated bulk fertilizer storage rules, but has been enforcing proposed rules that are similar to Wisconsin's. Minnesota requires mixing and loading pads and secondary containment structures and has minimum design and construction standards for those structures. However, Minnesota does not require professional engineering review of design specifications.
Indiana & Iowa
Indiana and Iowa have rules that are similar to each other, and somewhat similar to Wisconsin's. They require mixing and loading pads and secondary containment structures, but they do not set minimum design or construction standards or require professional engineering review of design specifications.
Illinois
Illinois has rules that are somewhat similar to Wisconsin's. Illinois requires mixing and loading pads and secondary containment structures, and Illinois also sets minimum design or construction standards or requires professional engineering review of design specifications.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.885 (4),
169.20 (4),
169.21 (3),
169.36 (9) (d),
169.39 (2) and
(3), Stats., interpreting ss.
29.885 (4),
169.06 (3m),
169.20 (4),
169.21 (3),
169.36 (9) (d),
169.39 (2) and
(3), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 12,
16 and
17, Wis. Adm. Code, relating to hound dog training and trialing on captive wild animals.
2003 Wisconsin Act 239 provided the ability to use captive coyote, fox and bobcat to train hunting dogs (hounds). Section
169.39 (2), Stats., requires the Department to promulgate and enforce rules for the housing, care, treatment, enrichment, feeding and sanitation of wild animals subject to regulation under ch.
169, Stats. In addition, this section goes on to state that the wild animals (in this case fox, coyote and bobcat) receive humane treatment, be held in sanitary conditions and that they receive adequate housing, care and food.
The proposed rules allow for the permitted use of nuisance-trapped coyotes in licensed dog training enclosures. The rule also allows for exceptions to the current pen specifications, humane handling, care, treatment and transportation of coyote, fox and bobcat in ch.
NR 16. Additionally the rule creates new definitions pertaining to hound dog training enclosures. The rule goes on to clarify that bobcat, coyote and fox may be used under the authority of a hound dog training, dog club or dog trial license.
The most significant portion of this rule is the creation of the conditions under which coyotes, fox and to a lesser degree rabbits can be used within hound dog training enclosures and establishes a special hound dog training permit. Specifically this rule establishes the enclosure size and fencing requirements, the density of captive wild animals, housing and care requirements as well as disease prevention, and dog use and licensing requirements. The rule requires that, other than the 75 acre requirement, all current facilities will have to obtain an enclosure permit and comply with all provisions including fence sizes and animal densities.
All existing facilities that are operating legally under the authority of a hound dog or dog club training license, that are 60 acres in size, shall be grandfathered under this rule and will be allowed to obtain and renew their hound dog training enclosure permit. However, once the enclosure permit expires and is not renewed, the grandfathered enclosure may not be reissued unless the 75 acre requirement is met.
The rule also establishes the legal sources for obtaining captive coyote, fox, bobcat, raccoon and rabbits for use in dog training and trialing activity. The intent of these rule is to help assure that captive animals with diseases do not get introduced into this state.
Finally, the rule establishes record and reporting requirements for hound dog training and trialing.
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: Hound dog training enclosures that offer training opportunities for individuals seeking to train hounds to track and pursue game, utilizing captive coyote and fox for a fee.
b. Description of reporting and bookkeeping procedures required: Records include a record of all dogs released into the enclosure and records of the number, species and source of all captive wild animals released into the hound dog training enclosure.
c. Description of professional skills required: No professional skills are necessary.
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, January 10, 2006 at 6:30 p.m.
John Muir Middle School
1400 W. Stewart Street
Wausau
Thursday, January 12, 2006 at 6:30 p.m.
Gathering Waters & Glaciers Edge Rooms
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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposal will increase agency's cost and will not be absorbed within agency's budget.
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. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 13, 2006. 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 Mr. Thiede.
Notice of Hearing
