This rule allows dairy herd improvement technicians and certified veterinarian technicians to collect milk samples that are used as Johne's disease test samples. That will make it easier, and less costly, for many dairy farmers to participate in the Johne's disease herd testing and management program.
This rule clarifies and strengthens some cattle import restrictions, for the protection of Wisconsin's livestock industry. Import rules will not have significant adverse effects on the livestock industry.
Poultry Producers
This rule will have no adverse effects on poultry producers. It will give poultry importers and exhibitors more flexible movement options, without weakening disease protection.
Animal Markets, Dealers and Truckers
This rule will simplify licensing of animal market operators, dealers and truckers, by eliminating current knowledge testing requirements. This rule will require some animal market operators, dealers and truckers to make minor changes in recordkeeping and operating procedures. Recordkeeping changes will improve disease control and traceback capability, for the benefit of the entire livestock industry. This rule will not have any significant adverse effect on animal market operators, dealers or truckers.
Persons Keeping Livestock; Premises Registration
Under current law, a person who keeps livestock at a location in this state is required to register that location with DATCP. This rule does not expand or modify current registration requirements, except that this rule will make it easier and more convenient to register. Among other things, this rule will extend the registration renewal period from one year to 3 years. This rule will not increase costs or compliance requirements for livestock operators.
Other Affected Businesses
This rule will not have any significant adverse impact on other affected businesses. This rule will clarify current rules, and improve disease control, for the benefit of the entire livestock industry.
Small Business Accommodation
DATCP has not exempted small businesses from this rule, because the risk of disease spread is unrelated to business size.
Summary of Comments by Legislative Review Committees
On August 13, 2008 DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education and to the Assembly Committee on Agriculture. The legislative review period expired on September 25, 2008.
No hearings were held and the neither committee requested any changes to the rule.
Agriculture, Trade and Consumer Protection
Revises Chapters
ATCP 42,
55 and
57, relating to meat and inedible animal by-products. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule repeals and recreates current DATCP rules related to renderers (none of which is a small business), animal food processors, grease processors, dead animal collectors and carcass dealers. These entities process and handle inedible animal carcasses and carcass materials, and produce products for non-food use. This rule helps these businesses by clarifying current licensing and regulations. The rule seeks to prevent diseases and food safety incidents that could threaten the entire industry. These businesses are already required to comply with federal restrictions incorporated by reference in this rule. DATCP has provided information and assistance to help them comply. This rule does not increase industry fees.
This rule incorporates current federal regulations that prohibit the feeding of protein from mammalian tissues to cattle or other ruminants. The federal regulations are designed to prevent the incidence of BSE (“mad cow disease"). DATCP is already enforcing the current federal regulations that are incorporated in this rule. This rule does not yet incorporate new federal regulations barring certain cattle materials from all animal feed, which are scheduled to take effect in April 2009, but DATCP will enforce those new federal regulations on behalf of the United States Food and Drug Administration (FDA) when they take effect.
This rule affects state-licensed meat establishments that slaughter or process meat or poultry (effects may vary, depending on the nature of the establishment's meat slaughter or processing operations), as well as meat brokers and distributors. However, the impact on these meat establishments, brokers and distributors will be quite limited because the entities have already implemented most of the practices required by this rule. For example, meat establishments are already implementing relevant federal regulations related to nonambulatory cattle, listeria prevention plans and retained processing water. This rule also clarifies current rules related to meat brokers and meat distributors.
Consistent with recent changes in federal regulations (state rules must be at least “equal to" federal regulations), this rule now (1) prohibits, with limited exceptions, the slaughter of non-ambulatory disabled cattle for human consumption (DATCP is already enforcing this federal prohibition), (2) requires producers of “ready-to-eat" meat products to have written procedures for minimizing food safety risks related to Listeria monocytogenes (DATCP has already implemented this federal requirement), and (3) restricts the amount of water from post-evisceration processing that may be retained in raw meat and poultry.
This rule clarifies current recordkeeping requirements, but it does not add significant new recordkeeping requirements (except that it adds some minimal recordkeeping requirements for meat brokers and meat distributors). This rule requires regulated entities to keep records for 3 years (instead of 2 years under current rules). Businesses will not need additional professional services to comply with this rule.
This rule will make it easier for affected businesses to understand and comply with the rules that apply to them. DATCP will send copies of the rules to all affected businesses and will offer education and training during inspections.
This rule will not have any significant adverse impacts on small business. DATCP has not exempted small businesses, because the food safety and other requirements under this rule are important for small as well as large businesses. DATCP has already adopted a rule (subch.
VII of ch. ATCP 1) that allows DATCP to exercise enforcement discretion for small business.
Summary of Comments by Legislative Review Committees
On July 21, 2008, DATCP transmitted this rule for legislative review. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture and Higher Education. No hearings were held for the rule and no modifications were requested.
Commerce
Revises Chapters
Comm 2,
10,
14,
47 and
48, relating to flammable, combustible and hazardous liquids. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
These rules primarily establish or refine design, construction, operation and maintenance standards for public safety, and for protecting the waters of the state from contamination by liquids that are flammable or combustible or are federally-regulated hazardous substances. These rules are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the statutory objectives that are the basis for the rules.
A substantial number of the issues raised during the public Hearing process may have been raised by or on behalf of small businesses, and addressed topics such as readability, retroactivity, secondary containment, periodic inspections, excessive costs, and leak detection. The Department made significant and numerous changes to the rules in response to the Hearing comments. For example, (1) wherever requirements would apply retroactively to an existing facility — and wherever they may have been misunderstood to so apply — the rule text was reviewed and modified where appropriate to more clearly convey which requirements are retroactive, and which are not; (2) wherever the Hearing draft referred to a required form or financial-responsibility document, the rule text and associated informational notes were reviewed and modified where appropriate to clearly convey which form or document is needed, and how to obtain it; (3) wherever the Hearing draft referred to a responsibility of an owner or operator or both, the rule text was reviewed and modified where needed to clearly convey who has the responsibility; (4) the tank registration and permitting processes were extensively clarified; (5) the recordkeeping requirements for aboveground tanks are no longer partly located in the subchapter for underground tanks, and both sets of recordkeeping requirements were clarified; (6) criteria for existing sumps and other secondary containment were clarified to require periodic inspection and maintenance rather than replacement, including where existing sumps are smaller than is required for new sumps; (7) requirements for sumps were clarified to recognize dispenser pans, spray-on liners, brushed-on liners, formed-in-place containment products, and other effective secondary containment practices that are currently in use; (8) periodic inspections for aboveground steel tanks were clarified to not apply to heating oil tanks and tanks at farms and construction sites, and were changed to not apply to tank wagons or movable tanks or tank vehicles, and are no longer required for tanks that are smaller than 1,100 gallons; (9) the compliance period for installing overfill protection at existing facilities was doubled; and (10) the roles of owners, operators, contractors and delivery personnel in preventing and responding to releases were clarified.
Summary of Comments by Legislative Review Committees
No comments were received, although a hearing was held on August 20, 2008, by the Assembly Committee on Natural Resources.
Commerce
Revises Chapters
Comm 41 and
45, relating to boilers and pressure vessels and mechanical refrigeration. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), Stats., the Department has determined that the rules that clarify chapter Comm 45 relating to mechanical refrigeration and that update chapter Comm 41 by adopting the latest edition of the boiler and pressure vessel codes published by the American Society of Mechanical Engineers (ASME) and modifying these standards, where necessary, to reflect any Wisconsin statutes or to improve clarity will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Revises Chapters
Comm 2 and
5, relating to program revenue fees. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The Division of Safety and Buildings within the Department of Commerce is responsible for administering and enforcing safety and health rules relating to the construction and inspection of dwellings, public buildings and places of employment. In the administration and enforcement of those rules, the Department provides numerous services such as plan examination, inspection and certification. The Department, by rule promulgated under chapter 227 of the Wisconsin Statutes, is required to fix and collect fees which should, as closely as possible, equal the cost of providing those services.
The rules contain fee increases for the following program areas: amusement rides and ski tows; boilers, gas systems and mechanical refrigeration; commercial buildings; elevators and lifting devices; plumbing systems plan review; public swimming, water attractions and associated slides; private onsite wastewater treatment system plan and product review; soil erosion/stormwater management; 1&2 family dwellings and manufactured homes/housing; rental weatherization, and licenses certifications and registrations.
The changes are necessary in order to bring revenues more in line with the costs of providing the services in each program area. The fee increases proposed would result in an overall increase in revenue of 17% and provide sufficient revenue for a 4 year period.
The Department believes that the rules would have a minimal direct impact on small business in light of the following:
In most cases, the annual fees associated with building equipment that require businesses to obtain permits to operate or registrations are not proposed to be increased. The majority of the fee increases relate to division services, such as plan review and inspection, which most businesses would utilize on an infrequent basis. These types of fees would not be significant to the overall operation of the business in comparison to overall expenses.
Summary of Comments by Legislative Review Committees
The committees requested a joint meeting with the department. As a result of that meeting, department submitted a germane modification that reduced the proposed increase for the fees associated with the public swimming pool program.
Government Accountability Board
Creates Chapter
GAB 12, relating to the certification and training of municipal clerks. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Health Services
Repeals Chapter
HFS 129 and creates Chapter
DHS 129, relating to certification and training of nurse aides, home health aides, medication aides, feeding assistants, and hospice aides. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
Based on a review of DHS licensing data, including, financial reports submitted by the entity, Medicaid reimbursement data, number of beds and whether the entity is a part of a larger health care organization, DHS has determined that the affected nursing homes, hospitals and facilities for the developmentally disabled are not small businesses as defined by section
227.114 (1) (a), Stats.
Although some nursing homes in Wisconsin meet the definition of a small business, none of the 33 nursing homes that currently provide nurse aide training meet this definition. The technical colleges, high schools, universities and 3 non profit entities in the “Other" category that provide nurse aide training do not meet the definition of a small business either. The Department has no detailed financial data regarding the remaining ten nurse aide training programs in the “Other" category and assumes these for profit entities are small businesses. Based on available data it appears 8 of the 10 nurse aide training programs categorized as “Other" will be affected by this rule change. (As noted above, 2 training programs meeting the definition of a small business already provide 120 or more training hours.) This represents 9% of all nurse aide training programs in Wisconsin. It is estimated that any increased costs will be passed on to students in the form of higher tuition, with no significant impact on the affected entities. New training programs will be able to build the 120 hour training requirement into their business plan.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
Revises Chapters
NR 439,
446 and
484, relating to the control of mercury emissions from electrical generating units. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The requirements in the revisions do not impose regulatory requirements on small businesses in Wisconsin. The electric generating units subject to the emission reduction requirements are not small businesses. However, any costs which the electric utility industry incurs to meet the requirements will likely be passed on to their customers, which will include small businesses. For an average household, the cost is expected to be $5 to $12 annually.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. As a result of that hearing, the Committee requested that the Department prepare an economic impact report on the rule and remove all provisions relating to nitrogen oxides and sulfur dioxide. On August 22, 2008, the Department declined to make the modifications. On September 4, 2008, Clearinghouse Rule No. 07-036 was referred to the Joint Committee for Review of Administrative Rules. The Joint Committee did not take any action on the rule.
Natural Resources
Revises Chapters
NR 320,
323,
328,
329,
341,
343 and
345, relating to general permit criteria requiring decontamination of equipment for invasive species and viruses. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
Small businesses affected by this rule will include contractors, developers, consultants, builders, public utility companies and municipalities who provide plans, design or engage in projects along public navigable waterways. Small businesses would need to do several activities to comply: 1) make a self-determination of exemption using web-based tools provided by the department or describe their activity on an exemption determination request form; and either 2) complete a general permit application; or 3) complete an individual permit application.
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. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive a comments or requests for modification as a result of the hearing.
Natural Resources
Revises Chapter
NR 105, relating to surface water quality criteria. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The Department has determined that the changes to criteria proposed in this rule package will not have a significant impact on small businesses. Of the 18 substances proposed for criteria revisions, it is estimated that no discharge permits will be affected for 14 of those substances. The only substances for which changes in permit limitations are foreseen are arsenic, copper, nickel and selenium. The number of permits that would need new or lower permit limits include 52 municipalities, 26 industries, and 7 public or privately owned treatment facilities. A small number of the 26 industries may be considered small businesses, and the changes in the municipality limits could have indirect impacts on small businesses within those communities.
Summary of Comments by Legislative Review Committees
