Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the October 31, 2006, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 05-108)
An order affecting chs.
ATCP 32 and
32, relating to fertilizer and pesticide bulk storage. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
This rule consolidates and updates current rules related to commercial bulk storage of fertilizer and pesticides. Bulk storage rules are designed to prevent spills that can injure persons, property and the environment. Spill prevention also saves costly environmental cleanups. The Department of Agriculture, Trade and Consumer Protection (DATCP) developed this rule in consultation with an industry advisory committee.
This rule applies to commercial facilities that store unpackaged bulk fertilizer or pesticides. This rule does not apply to any of the following:
• Manure storage.
• On-farm storage, mixing or loading of fertilizer or pesticides 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.
Approximately 55% of the businesses affected by this rule are small businesses. These businesses typically operate smaller storage facilities, with smaller structures. Therefore, their compliance costs will typically be lower than for other affected businesses. DATCP estimates that small businesses will incur compliance costs of $30,000 per year (total for all small businesses), but will realize long-term cleanup savings of $200,000 to $400,000 per year (total for all small businesses). The added costs for a single small business that needs to fully recreate its facility or a small business starting a new facility for bulk pesticide and bulk fertilizer are approximately $9,500.
The department has attempted to accommodate businesses, including small businesses, by streamlining and simplifying recordkeeping and reporting requirements. This rule eliminates a number of current recordkeeping and reporting requirements that provide little, if any, environmental protection.
The department has attempted to assist all businesses, including small businesses, in the following manner:
DATCP has worked with University of Wisconsin - Extension to spell out minimum design standards for concrete structures (including mixing and loading pads and secondary containment structures), so that engineering firms will not have to design these structures from scratch. The rule also provides a mechanism by which DATCP can review plans and provide constructive suggestions. This will minimize design costs for small businesses.
This rule consolidates and redrafts current rules, so they will be easier to read and understand. This rule eliminates obsolete and unnecessary requirements, and clarifies current requirements.
This rule will also help small businesses by preventing spills that may require costly environmental cleanups. Compliance costs are far less than cleanup costs.
This rule will impose additional costs on some businesses, including small businesses. However, overall industry costs are far outweighed by long-term cost savings.
Summary of Comments by Legislative Review Committees
On July 13, 2006, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Insurance and to the Assembly Committee on Agriculture. Neither committee took any action regarding the rule.
Agriculture, Trade and Consumer Protection
(
CR 06-008)
An order affecting ch.
ATCP 21, relating to plant pest import controls and quarantines.
Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
This rule regulates the import and movement of host materials that may spread infestations of Emerald Ash Borer, Asian Longhorn Beetle, Phytophthora ramorum or Hemlock Woolly Adelgid. Each of these pests has been found in the United States, and each poses a major threat to Wisconsin's forest and urban landscapes. None of these pests has yet been found in Wisconsin.
This rule is designed to prevent and limit the spread of these pests, by regulating imports of host materials, to Wisconsin, from known infested areas. If any of these pests is ever found in Wisconsin, this rule will also affect the movement of host materials from infested areas in this state.
This rule regulates the import and movement of certain host materials from areas infested with Emerald Ash Borer, Asian Longhorned Beetle, Phytophthora ramorum or Hemlock Woolly Adelgid. Regulated host materials vary, depending on the pest in question, but include things like nursery stock, firewood, untreated lumber and mulch.
This rule affects a variety of businesses such as nursery growers and dealers, lumber mills, paper mills, firewood sellers, landscapers and loggers. This rule applies to large and small businesses alike. The Department of Agriculture, Trade and Consumer Protection (“DATCP") estimates that 50-60% of the affected businesses are “small businesses."
This rule is designed to prevent the introduction and spread of Emerald Ash Borer, Asian Longhorned Beetle, Phytophthora ramorum and Hemlock Woolly Adelgid. These pests pose a grave threat to Wisconsin forest and urban landscapes. This rule will help protect Wisconsin industries, by helping to protect the resources on which they depend. This rule may have some adverse impact on some individual businesses, but that adverse impact is greatly outweighed (even for those businesses) by the protection that this rule affords.
None of the pests regulated by this rule have been detected in Wisconsin to date, so the initial impact of this rule will be limited to businesses that may be importing host materials from infested areas outside this state. The negative effects on those businesses will be small. The rule will help protect Wisconsin importers from pest infestations that could destroy their businesses.
If any of the regulated pests is ever found in this state, the infestation may have a major impact on affected businesses. Businesses in infested areas will incur added costs, and some may lose markets for their products. But those consequences will result from the infestation itself, with or without this rule.
This rule may add some incremental costs for businesses in infested areas, but will protect businesses in other areas. It will also forestall a more general federal quarantine that could limit exports from the entire state (including exports from uninfested areas).
Summary of Comments by Legislative Review Committees
On June 20, 2006, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Insurance and to the Assembly Committee on Forestry. Neither the Assembly nor the Senate Committee took action.
An order affecting ch.
Comm 5, relating to licenses, certifications and registrations. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
The rules consist of revisions in ch.
Comm 5 in order to address some administrative issues that have occurred since the last update of ch.
Comm 5. Chapter
Comm 5 establishes qualifications and procedures for licensing, certifying and registering various individuals and entities associated with the construction of buildings. The proposed revisions are to reflect recent statutory changes, to clarify the application or intent of certain rules and to provide consistency across certain related credential types. Most of the credentials under ch.
Comm 5 have been established under the statutory authority and mandates of chs.
101 and
145, Stats. The proposed rules should have a minimal effect on small business in that most of the credentials under ch.
Comm 5 involve individuals and not businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 157, relating to protecting public health by regulating the sources and use of ionizing radiation. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
The rules will increase annual site registration fees for small businesses with x-ray devices. The increase in fees will not have a significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
Ins 6,
26 and
28, relating to agent licensing procedures and requirements and affecting small business. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The legislative standing committees had objections to this rule. Agreement was reached with JRCRAR on modifications to the proposed rule. In a September 6, 2006 letter, JCRAR nonconcurred in the Assembly Committee's objection and allowed the modified rule to proceed to final promulgation.
An order affecting ch.
NR 46, relating to the administration of the Forest Crop Law and Managed Forest Law. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
This rule does affect small business. Small private forest landowners and forest industries voluntarily enrolled under the Forest Crop Law and the Managed Forest Law are required by statute to pay 10% and 5% respectively of the stumpage value adopted in the zone for the species and wood product volume cut from their land.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Forestry and the Senate Committee on Agriculture and Insurance. There were no comments on the proposed rule.
An order affecting ch.
NR 47, relating to the forestry research and development grant program.
Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Forestry and the Senate Committee on Agriculture and Insurance. There were no comments on the proposed rule.
An order affecting chs.
Phar 2 and
17, relating to a foreign graduate internship.
Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Phar 8, relating to controlled substances theft and loss reporting requirements.
Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Trans 327, relating to motor carrier safety. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
This rule will have some minimal adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
