“Environmental Problems with Silage Effluent". Graves, R.E., and P.J. Vanderstappen. USDA Natural Resources Conservation Service, National Water Management Center Publication. 6 pages
“Base Flow Leachate Control." Wright, Peter and P.J. Vanderstappen. Paper No. 94-25 60, ASCE Meeting Presentation at the 1994 International Winter Meeting, Atlanta Ga., December 13 – 16, 1994. 7 pages.
The USDA technical standard for managing milk house waste and feed storage leachate discharges is: Waste Treatment (no. 629). USDA, Natural Resources Conservation Service. August, 2008. 22 pages.
Modifications to the non-agricultural performance standards were developed with input from a technical advisory committee that met four times between October 2007 and February 2008. Changes to the protective areas performance standard are based on the department's Guidance for the Establishment of Protective Areas for Wetlands in Runoff Management Rules, Wisconsin Administrative Code NR 151 in the Waterway and Wetland Handbook, Ch.
10. Department staff gathered information from municipal engineers and conducted analyses under various scenarios using analytical models to provide information to the technical advisory committee including:
•
analysis showing the impact of redevelopment on total suspended solids loads, recommendations and estimated costs for control practices,
•
analysis of the infiltration performance standards modifications for different land uses.
Analysis and supporting documentation used to determine effect on small business
The department concluded that the revisions to chs.
NR 151,
153 and
155 will result in additional compliance requirements for small businesses, but the rules will not result in additional reporting requirements for small businesses. Rather than mandate specific design standards, the rules either establish new performance standards or revise existing performance standards.
Compliance requirements for agricultural producers vary depending on the type of operation and the performance standard, but the revisions to the rules will not change the existing compliance requirements for agricultural operations. Under state law, compliance with the performance standards is not required for existing nonpoint agricultural facilities and practices unless cost sharing is made available for eligible costs. A less stringent compliance schedule is not included for agricultural producers because compliance is contingent on cost sharing and in many cases, it can take years for a county or the state to provide cost share money to a producer.
Agricultural producers who are in compliance with the existing nutrient management performance standard may already be in compliance with the new phosphorus index and tillage setback performance standards. A phosphorus reduction strategy is included in NRCS nutrient management technical standard 590 (Sept. 5, 2005). A phosphorus index of 6 or less is specified in the PI strategy in Criteria C, 2 of the technical standard. The concept of streambank integrity, as proposed through a tillage setback performance standard, is an assumption of the phosphorus index calculation, which estimates phosphorus delivery to the stream via overland flow, but not from bank erosion or other means that soil, manure or fertilizer might enter the stream from farming operations. In circumstances where the phosphorus index has been determined to be insufficient to achieve water quality standards in areas where an approved total maximum daily load (TMDL) has been approved, a higher level of pollution control may be required. An owner or operator in this situation would be required to implement BMPs designed to meet the load allocation in the TMDL.
The rule revisions will not change the schedules for compliance and reporting requirements for non-agricultural businesses. These requirements are the same as those specified in ch.
NR 216. In determining whether non-agricultural small businesses can be exempted from the rules, the department concluded that because the requirements of ch.
NR 151, Subchapter III are based on federal requirements the state cannot exempt those businesses. Also, the impacts from certain small business construction activities can have as large a water quality impact as from large businesses.
In determining the compliance and reporting effects, the department considered 1) the existing performance standards and prohibitions in ch.
NR 151,
2) the requirements of NRCS technical standard 590 needed to meet the nutrient management performance standard, 3) assumptions contained in the Wisconsin Phosphorus Index, 4) compliance and reporting requirements under ch.
NR 216, Subchapter II, 5) agreement with the department of commerce to regulate storm water discharges from commercial building sites under one permit, and 6) feedback from members of advisory committees that included small business owners and organizations.
Small Business Impact (including how this rule will be enforced)
The overall effect on small businesses may be increased time, labor and money spent on BMPs or planning tools, but there will not be a significant economic impact on small business. However, for agricultural producers the proposed new agricultural performance standards and the revised existing agricultural performance standards are not enforceable unless 70 percent cost sharing is provided, or up to 90 percent for economic hardship cases. The rules will be enforced either through county ordinances, DNR stepped enforcement procedures or a combination of the two.
Small businesses in the construction industry will not see an effect from the changes to the construction performance standard, but may experience increased costs from the changes to some of the post-construction performance standards. Most of the businesses affected by the changes to the total suspended solids standard will be commercial and it is difficult to estimate how many of those would be classified as small businesses. The modifications to the infiltration and the protective area performance standards may add additional costs, but they are expected to be small. Businesses affected will be both large and small. The rule will be enforced through permits required under ch.
NR 216, or through local ordinances. For the non-agricultural performance standards, cost sharing is not required for compliance. However, the department may award grants for certain BMPs and planning activities.
Initial regulatory flexibility analysis
Pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
Describe the type of small business that will be affected by the rule.
Agricultural producers (crops and livestock), business and associated professionals involved with construction (developers, engineers, contractors, others in the building profession, and small commercial establishments that meet the definition of small business).
Briefly explain the reporting, bookkeeping and other procedures required for compliance with the rule.
None.
Describe the type of professional skills necessary for compliance with the rule.
Familiarity with software such as SNAP Plus and RUSLE2 will be needed for the phosphorus index agricultural performance standard.
Small business regulatory coordinator
The Department's Small Business Regulatory Coordinator for this rule may be contacted at
Julia.Riley@wisconsin.gov or by calling (608) 264-9244.
Environmental Analysis
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.
Fiscal Estimate
Summary
Proposed rule revision will result in an increased demand on agency staff devoting more time to training, education, grant oversight, enforcement and development of guidance and procedures. The department estimates that a total of 10.5 FTEs will be needed to implement all three rules.
State fiscal effect
Increase costs. Costs will not be absorbed within the agency's budget.
Local government fiscal effect
Increase costs.
Types of local governmental units affected
Towns, Villages, Cities, Counties.
Fund sources affected
GPR, SEG.
Long-range fiscal implications
State cost-share grants to fully implement the process wastewater performance standard would be $9.3 million or $930,000 annually if awarded over a 10-year period. However, this estimate is dependent upon the availability of cost-share funds to implement the standard.
Agency Contact Person
Carol Holden,
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 266-0140
Notice of Hearing
Veteran Affairs
NOTICE IS HEREBY GIVEN That pursuant to s.
45.20 (2) (c) 2. a., Stats., and Chapter
227 of the Wisconsin Statutes, the Wisconsin Department of Veterans Affairs will hold a public hearing to consider emergency rules and proposed permanent rules to amend section
VA 2.02 (2), relating to the veterans tuition reimbursement program.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
March 10, 2010
Wednesday
At 10:00 a.m.
|
Wis. Dept. of Veterans Affairs
Board Room, 8th Floor
30 West Mifflin Street
Madison, Wisconsin
|
Submission of Written Comments
Written comments relating to the proposed rules should be submitted to James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843. Phone: (608) 266-3733 E-Mail:
jimmy.stewart@dva.state.wi.us
Comments should be submitted no later than March 24, 2010.
Analysis Prepared by the Wisconsin Department of Veterans Affairs
Statute interpreted
Statutory authority
Explanation of agency authority
The department is charged with administering a grant program to reimburse eligible veterans for undergraduate tuition within the program limitations. It provides eligible applicants with printed and electronic applications for the program through county veterans service offices, school veterans officials and directly from the department. The Legislature has granted the agency authority to promulgate a rule for setting the time an application for the program must be completed and received by the department.
Related statute or rule
There is no related statute or rule.
Plain language analysis
The amendment of VA 2.02 (2) will create a specific time period for the completion and submission of an application for the veterans tuition reimbursement program.
Comparison with federal regulations
There is no current or pending federal regulation which would provide tuition reimbursement for the eligible veterans under this program.
Comparison with rules in adjacent states
There are no similar rules in adjacent states.
Summary of factual data and analytical methodologies
The department has reviewed the provision of financial aids through public and private institutions of higher education. It has also discussed the application deadlines for financial aids with school veterans officials and county veterans service officers. The department has determined that the majority of applications for financial aid in institutions of higher education occur within the first 60 days following the initiation of the semester or term. The department is proposing a time frame for applying for this program consistent with the majority of other financial aids applications.
Analysis and supporting documents used to determine effect on small business
No analysis was performed regarding an economic impact statement.
Small Business Impact
These rules have no effect upon small businesses, nor any significant fiscal impact upon the private sector.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The amended rule will require the application to be completed and received by the department no later than 60 days after the starting date of the course, term or semester for which reimbursement is requested. The proposed rule amendment will show initially an increase in the department's denial rate and a decrease in expenditures of the tuition reimbursement grant for eligible veterans. Available data shows that based on historic trends the percentage of applications denied by not being submitted within the required time limit; in FY07 13%, FY08 9% and in FY09 0%.
For the purpose of the fiscal impact of this fiscal estimate, the decrease in expenditures is projected to be:
|
Base Demand
|
% denials
|
Fiscal Impact
|
Adjusted Demand
|
FY11
|
$1,403,015
|
13%
|
$(182,392)
|
$1,220,623
|
FY12
|
$1,487,196
|
8%
|
$(118,976)
|
$1,368,220
|
FY13
|
$1,576,428
|
4%
|
$(63,057)
|
$1,513,371
|
FY14
|
$1,671,013
|
4%
|
$(66,841)
|
$1,604,173
|
The fiscal effect in FY11 will be ($182,392) and in FY12 ($118,976).
Please contact the Agency Contact Person listed below to request a copy of the fiscal estimate.
State fiscal effect
Decrease existing appropriation.
Fund sources affected
SEG.
Affected Ch.
20 appropriations
