Summary of Final Regulatory Flexibility Analysis
This rule regulates commercial pesticide applicators and agricultural producers that apply or receive applications of metam sodium and chloropicrin soil fumigants. Many of the regulated businesses are small businesses, but others are large. Most of the regulated farmers are potato growers.
This rule protects neighboring farms and businesses from adverse effects of improper soil fumigant applications. Many of the protected businesses are small businesses.
This rule imposes new regulations on the use of chloropicrin soil fumigants (see above). Approximately 71,000 acres of potatoes were planted in Wisconsin in 2004. Chloropicrin is currently applied on approximately 2,000 acres of potatoes and 25 acres of state-owned seedling nurseries in Wisconsin. Chloropicrin applications are made by commercial pesticide applicators that have the equipment and expertise to handle and apply chloropicrin. Chloropicrin-treated acreage is expected to increase due to pest problems and the efficacy of chloropicrin products.
DATCP estimates that this rule will cost $8,000 to $12,000 per year for the industry as a whole, mainly for increased costs of applying chloropicrin to approximately 2,000 acres of potatoes. Increased pesticide applicator costs will generally be passed on to farmers. Most of the farms that use chloropicrin are small businesses, but the single largest user (accounting for approximately 25% of the treated acreage) is not a small business.
This rule relaxes some current requirements related to metam sodium applications (post-application inspection requirements and setbacks for “tarped" applications). Farmers and pesticide application businesses that apply metam sodium soil fumigants may experience a small decrease in costs as a result of these changes.
By establishing clear application standards and procedures, this rule protects neighboring farms, businesses and individuals from improper applications. It also helps protect complying pesticide users from liability for improper applications.
This rule applies to large and small businesses alike. An exemption for small business would undermine the effectiveness of the rule in preventing human exposure to metam sodium and chloropicrin. This rule will not have a significant adverse economic impact on small business. Therefore, it is not subject to the delayed small business effective date provision in s.
227.22(2)(e), Stats.
Summary of Comments by Legislative Review Committees
On April 13, 2007, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education on April 19, 2007 and the Assembly Committee on Agriculture and Higher Education on April 23, 2007. As of May 21, 2007 no action was taken by these committees.
An order affecting chs.
Comm 2 and others, relating to plan review processing times. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The existing plan review processing times specified throughout various department codes are based on receipt of all forms, fees, documents and information required to complete the review. This factor in determining the starting date of processing times is not compatible with the current procedure that permits individuals to schedule a plan review appointment over the Internet or by telephone. Under this appointment scheduling, plans and all the necessary documents are submitted to and received by the department any time before the appointment date. Without reflecting appointments in the processing rules, receipt of plans so far in advance of their appointment may result in exceeding the maximum allowable processing time even before the appointment date. The proposed rules are intended to clarify when the permit processing times begin, especially in light of plan review by appointment scheduling. The proposed rules also correct a typographical error in recently enacted rules pertaining to continuing education obligations for the renewal registrations as automatic fire sprinkler contractor- maintenance. The proposed rules will require 12 hours of continuing education instead of 24 hours.
The department does not believe the rule revisions will have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 51, relating to pre-adoption training for adoptive parents. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
The Department responded in writing to written questions received from the Assembly Committee on Children and Family Law. No comments were received from that Committee. The Department also did not receive comments from the Senate Committee on Economic, Development, Job Creation, Family Prosperity, and Housing.
An order creating ch.
NR 432, relating to establishment of provisions for major electric generating units in Wisconsin to comply with the Clean Air Interstate (CAIR) promulgated by the U.S. Environmental Protection Agency. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
Under Wisconsin law, none of the electric generating units that are impacted by CAIR are a small business. CAIR imposes no reporting, compliance of performance standards on small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Senate Committee on Environment and Natural Resources held a public hearing on February 13, 2007 and did not request any modification. The Assembly Committee on Natural Resources held a public hearing on March 28, 2007. On April 11, 2007 the Committee asked the Department to consider unspecified modification to the proposed rule. The Department did not respond to the Committee's request. The rule was then referred to the Joint Committee for Review of Administrative Rules on April 27, 2007. A public hearing was held on May 21, 2007. At an executive session on June 13, 2007, the objection was not upheld.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will not have a significant economic impact on a substantial number of small businesses. This is primarily because the proposed rule is identical to the existing federal rule, with which all affected sources are already required to comply. Costs to the affected sources are being incurred in response to the federal rule, which has been in effect since April 22, 2004. No additional costs will be incurred in response to the proposed state rule.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On April 11, 2007, the Assembly Committee on Natural Resources held a public hearing. No modifications were requested as a result of this hearing.
An order affecting ch.
NR 328, relating to bank erosion control on rivers and streams. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small business. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Senate Committee on Environment and Natural Resources held a public hearing on May 23, 2007. The Department did not receive any comments or requests for modifications as a result of these hearings.
An order affecting ch.
NR 10, relating to the deer hunting season and permit issuance regulation changes. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule pertains to deer hunting and permit issuance. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On April 11, 2007, the Assembly Committee on Natural Resources held a public hearing. No modifications were requested as a result of this hearing.
An order affecting chs.
NR 428 and
484, relating to implementation of Reasonably Available Control Technology (RACT) NO
x emission limitations applicable to major sources in the 8-hour ozone non-attainment area in southeastern Wisconsin. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
There are no emission or performance requirements or compliance and reporting requirements proposed for small businesses and as such the rules are not anticipated to directly affect small businesses. The proposed RACT rules are applicable to major industrial entities and electric utility facilities.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Senate Committee on Environment and Natural Resources held a public hearing on May 23, 2007 and an executive session on May 29, 2007. The Assembly Committee on Natural Resources held a public hearing and executive session on May 30, 2007. The Committees did not have any requests for modification and waived the remainder of their review period.
An order affecting ch.
PSC 137, relating to rules regarding energy efficiency and renewable resource programs. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no adverse effect on small businesses. Because the proposed rules will promote energy efficiency and renewable resource programs that can help small business customers, the effect of the proposed rules on small businesses will be positive, not negative.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
RL 4 and
174 to
177, relating to registration of sanitarians. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Trans 200, relating to specific information signs. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The Small Business Ombudsman from the Department of Commerce pointed out that a first come first served basis for granting the limited number of “Attraction" signage available may well have an adverse effect on small businesses, especially if joined with any minimum annual attendance or similar requirement. As an alternative the suggestion was made that priority or first opportunity be given to those “Attractions" closest to the intersection or exit. If an “Attraction" chooses not to participate, the next closest would be given the opportunity or priority. This method would have a neutral impact and not be adverse to smaller “Attractions." The Department has included language that will permit this type of evaluation where it may be practical to have an application deadline for initial “Attractions" signage or a similar means of concurrent comparison by the proposed advisory council. The Department of Commerce representative will be a member of the advisory council. Other members of the advisory council may balance this small business interest with the need to consider the “regional significance" of the applicant's “Attraction." The consensus was that bumping would not be allowed, i.e., a new “Attraction" applicant closer to the intersection or exit could not bump an existing “Attraction" that had received a sign. The rule does provide additional participation opportunities for small businesses that are “Attractions" that do not presently have that opportunity. Since businesses request that they be identified on state-installed signs, the sign application process will enforce the rule and any costs incurred for the signage are voluntarily incurred.
Summary of Comments by Legislative Review Committees
No comments were received.
An order repealing ss.
VA 8.01 and
8.03 (1), relating to the county veterans service officer grant program. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The department has determined that the repeal of the salary schedule references would have no fiscal impact. Grant amounts are determined under a distinct statutory provision. The proposed order has no regulatory aspect to it and has no effect upon small business.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
DWD 133, relating to unemployment insurance and temporary help employers. Effective 8-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will affect small business as defined in s.
227.114 (1), Stats., but the rule will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
The Senate Committee on Labor, Elections and Urban Affairs requested that the Department consider making modification in the length of the time employees are given to provide notices to employers regarding the end of assignments. The Department agreed to modify the rule by extending the time that employees may give notice from the end of the first full business day after the end of an assignment to the end of the second full business day after the end of an assignment.
