Under the clean sweep program, DATCP distributes grants to counties and other local governments to assist in funding their hazardous waste collection events and permanent waste collection sites. The clean sweep program was established in 1990 to provide financial assistance to Wisconsin counties to collect unwanted agricultural pesticides. In 2004, the program expanded to provide grants to local governments to collect household hazardous wastes such as acids, flammable chemicals, mercury, lead paint, and solvents. In 2007, Wis. Act 20 was enacted, which authorized the department to include the funding of county, municipal, and regional planning commission programs to collect unwanted prescription drugs, including controlled substances, analgesics, anti-inflammatory drugs, antibiotics, gastrointestinal drugs, and antihistamines. DATCP implemented a pilot prescription drug program to develop standards for issuing grants related to collection of unwanted prescription drugs, and those standards are now incorporated into this proposed rule.
Other changes in the rule are designed to improve the operational and administrative efficiency of the program for the department and local governments that participate in the “clean sweep" program. Since 1990, the program has matured and several current requirements are no longer needed. At the same time, the needs of the grant recipients have changed. These rule revisions address these changes and reflect the current state of hazardous waste collection in Wisconsin.
Rule content
This proposed rule amends ch.
ATCP 34, relating to the clean sweep program. The following provides a summary of the rule changes by section:
Purpose of the rule
The establishment of procedures for making grants to local governments to dispose of unwanted prescription drugs will be added to the “Purpose" section of the rule.
Definitions
The term “unwanted prescription drugs" is added and includes Schedule II to V controlled substances, and all other drugs that can be prescribed for human health needs, including drugs such as analgesics, anti-inflammatory drugs, antibiotics, gastrointestinal drugs, inhalers, and antihistamines. Unwanted prescription drugs also include certain veterinary drugs.
When local governments first decided to collect pesticide and household wastes, they often held one- or two-day collection “events." Since then, many local governments have expanded to multiple collections or have established permanent collection sites that offer convenience for local residents. The rule removes the term “event" and references a project as a “collection."
In this rule, “temporary collection" means a clean sweep project that collects hazardous waste five days or less in a calendar year. A “continuous collection" means a clean sweep project that collects chemicals on six or more days in a calendar year. A “permanent collection" means a clean sweep project that operates at least six months out of the year and includes permanent infrastructure dedicated to clean sweep collections. Comments received during our listening sessions showed a desire to broaden the gap between temporary and continuous collections. Local governments holding temporary collections are still required to use the state hazardous waste contractor as their waste hauler.
Grants to counties and municipalities
• Drug Drop Boxes. Currently, clean sweep grant funds cannot be used to purchase permanent equipment. However, a large expense associated with the collection of unwanted prescription drugs is a drug drop box. These drop boxes are a secure place for residents to dispose of their unwanted prescription and veterinary drugs. The boxes typically are located within law enforcement agencies and are designed in such a way that drugs cannot be removed except by authorized personnel. The rule would allow a local government to request funds for the direct costs associated with the purchase and installation of a drug drop box.
• Disposal of Dual-Hazardous Waste. This proposed rule will allow counties and municipalities to request reimbursement for the disposal of “sharps" that contain medication such as epinephrine auto-injectors (an example is an EpiPen® ) or prefilled syringes. Disposal costs for sharps such as needles or lancets would remain ineligible for reimbursement.
Grant applications
• Grant Solicitation Announcements. This proposed rule expands the methods of announcing a request for proposals for clean sweep grant funds beyond a written announcement.
• Grant Fund Amounts. Ch.
ATCP 34 states that the department shall offer no less than $400,000 for farm chemical waste collection and not less than $200,000 for household hazardous waste collection. In recent years, the demand for the collection and disposal of household hazardous waste has outpaced agricultural pesticides and farm chemical waste. Also, with the statutory addition of grants for unwanted prescription drug collections in 2008, a different allocation of funds among the collection grants is now required. The new statutory language requires the department to offer a minimum of two-thirds of the available funds for household hazardous waste under s.
93.57, Stats. This proposed rule reflects the change in statutory requirements and eliminates the conflict between rule and statute. This change is also supported by the data collected from clean sweeps in recent years. The demand for household hazardous waste disposal is increasing while the demand for agricultural waste disposal is declining. Household waste disposal demand is outpacing agricultural demand by about a 3:1 margin.
• Grant Applications. The current rule requires that grant applications be submitted on a form provided by the department. To keep up with changing and available technology such as electronic or web-based applications, the rule specifies that future applications will be submitted in a manner designated by DATCP.
• Required Information in Applications. Because of the gap between grant submittal and acceptance and the possibility that a grant may not be funded, this rule specifies that applicants no longer have to provide specific dates, locations and facilities for collections. The department will gather that information after grants are awarded. The proposed rule also removes the requirement that an applicant describe its plans for collecting, handling and disposing of chemical waste. Clean sweep collections are not new and local governments and waste haulers have developed much experience since 1990. Unwanted prescription drug collection information will be incorporated into clean sweep applications. Finally, because multi-government collections are quite common as a way to reach more residents and gain efficiencies with collections, applicants no longer need to describe the role of each government participant under this rule.
Evaluating grant applications
Under this proposed rule, the department will modify the criteria used to assess clean sweep grant applications. Early in the program's history, applicants were encouraged to collect farm and household waste and determine what chemicals were of concern in their areas. Now the majority of applicants are experienced project coordinators familiar with local needs and available resources. For some, it is impractical to collect more than one waste type because there is no need. Because of the experience of the local government coordinators and their staff, evaluating an application based on its safety and suitability is no longer necessary. Coordination across multiple governments is encouraged and points are awarded for these types of collections, but it is no longer necessary to place a priority on such coordination.
Grant awards
Farm Waste and Household Waste. This proposed section reflects the changes in the statute for grant awards and removes the discrepancy between statue and rule. The current rule states that the department will annually award grants totaling at least $400,000 for farm chemical waste, while the statute directs that the department to offer a minimum of two-thirds of the available funds for household hazardous waste. This rule corrects the discrepancy by taking into consideration the current appropriation under s.
20.115 (7) (va), Stats.
Grant contracts
• Hazardous Waste Contract. This proposed rule removes the requirement that the written contract between the department and the clean sweep grant recipient include the recipient's contract with its hazardous waste contractor. The department has found that the information provided in the grant applications is sufficient to make awards.
• Limited Funding. Should the amount of grant funds available be insufficient to cover the awarded grants, the department has the ability to cancel one of more of the grants at its discretion.
Collecting waste pesticides from very small quantity generators (VSQGs)
Generally, a “VSQG" is an individual or business who generates limited quantities of waste pesticides and can include certain hardware stores, farm supply stores, cooperatives, municipalities, or commercial pesticide applicators. This proposed section removes the requirement that a county must collect the license status of a VSQG licensed under ch.
ATCP 29. As long as the VSQG's name and address is captured, the department can verify licensure, if necessary.
Hazardous waste
Hazardous Waste Contractor. This proposed section incorporates unwanted prescription drug collection into the rule. It also removes the requirement that hazardous waste contractors selected by grant recipients attend a training session provided by the department. This was a necessary requirement in the early days of the program but is no longer needed since the program participants, including waste contractors, have gained experience and familiarity with the clean sweep program rules.
Reports and payments
Final Report. This proposed section allows for a 45-day extension on the final report deadline. Other required elements of the final report are consolidated within the rule. This proposed section removes the requirement to estimate future collection needs, the timing of collection and suggestions on how to collect chemical waste. This is no longer necessary with a mature program.
Comparison with existing or proposed federal statutes and regulations
The United States Environmental Protection Agency (EPA) administers the Resource Conservation and Recovery Act (RCRA), which includes regulations affecting the collection, movement, and disposal of hazardous agricultural and household waste. EPA has also adopted universal waste management rules under
40 CFR 273. Wisconsin's “clean sweep" grantees and vendors must comply with all applicable RCRA and universal waste provisions. Prescription drugs that are controlled substances are regulated under the federal Controlled Substance Act (
21 USC 801) and the Controlled Substances Import and Export Act (
21 USC 951). Wisconsin's prescription drug “clean sweep" program must comply with these and related federal laws.
Comparison with rules in adjacent states
The surrounding states of Illinois, Iowa, Michigan, and Minnesota also collect unwanted pesticides, household hazardous waste or unwanted prescription drugs. The agencies involved, their funding sources, and distribution of funds vary greatly. Wisconsin is the only state that has one agency overseeing these various types of grants.
Illinois
Illinois offers a grant for agricultural and structural pesticide collections through the Illinois department of agriculture. The Illinois environmental protection agency also offers four one-day collections for household hazardous waste and unwanted drugs, in addition to some county hosted events. Illinois's Prescription Pill and Drug Disposal Fund provides reimbursement to law enforcement agencies for collection, transport and incineration of medicines collected from residential sources.
Iowa
Iowa no longer holds household hazardous waste collection days and eliminated the award of grants to fund those one-day collections. Instead, the Iowa department of natural resources offers Regional Collection Centers (RCCs) that are open year-round. These RCCs take household waste but can also accept agricultural waste at their discretion. In addition to main RCCs, there are satellite RCC sites and mobile collections that contract with an RCC and travel within a county for collections. Iowa offers two kinds of funds: (1) reimbursement funds to cover operating expenses/disposal costs, and (2) establishment funds to help a county set up a permanent site. Unlike Wisconsin's clean sweep program, Iowa allows its funds to be used to build permanent facilities.
Iowa also offers a pharmaceutical disposal program called TakeAway, in which patients or caregivers can bring unwanted or expired medicines into participating TakeAway pharmacies. The pharmacist will dispose of the returned medications (prescription drugs or over-the-counter products) into a waste bin specially designed to safely store discarded pharmaceutical products, along with their packaging. Once filled, the TakeAway system is sealed and shipped to a medication disposal facility where the system and its contents are incinerated at a waste-to-energy facility. Some participating pharmacies also sell TakeAway envelopes, pre-addressed, postage pre-paid large envelopes that can be taken into the home, filled with unused and expired medicine, and mailed through the United States postal service to the disposal facility. Controlled substances must go to law enforcement or one of the United State drug enforcement administration collections.
Michigan
Michigan offers a clean sweep program for agricultural pesticides through its department of agriculture & rural development (MDARD). The Michigan department of environmental quality covers household collections, supported by an EPA grant. No grants are given. MDARD will cover the cost of transportation and disposal costs of pesticides collected at household events.
Minnesota
Minnesota enters into cooperative agreements with counties to collect non-agricultural and agricultural waste pesticides. For those counties without a cooperative agreement, the Minnesota department of agriculture (MDA) holds collections. Agricultural pesticides are collected every other year and household hazardous wastes are collected each year. MDA pays supplies, transportation and disposal costs and $0.25/lb. for “reasonable overhead costs." The Minnesota pollution control agency (MPCA) provides stipends to counties for household hazardous waste collections. Stipends cover about 10 percent of costs and are determined by different formulas. Minnesota does not offer drug grants. Collections, transportation and disposal are overseen by county law enforcement and the counties pay all associated costs.
Summary of factual data and analytical methodologies
To develop this rule, four listening sessions were held throughout Wisconsin. Participants included representatives from local government entities that are current and past grant recipients, many of whom manage county or municipal solid waste programs. Comments were also received from law enforcement agencies that administer unwanted prescription drug collections.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
No supporting documents were used. DATCP relied on information obtained through the listening sessions (See Summary of Data and Analytical Methodologies, above), as well as any comments received through the economic impact analysis comment period.
Effects on Small Business
This rule revision will have no effect on small business. By statute, the department may only award grants under the clean sweep program to local government entities for expenses related to the collection of and disposal of unused agricultural pesticides, household waste, and unwanted prescription drugs. No changes have been made to the current rule that directly would impact small businesses. The proposed rule will continue to benefit certain small businesses such as farmers, farm supply stores, and cooperatives that generate small quantities of waste pesticides per month, since clean sweep collections provide a no- or low-cost method of disposing of agricultural pesticides and other farm chemical waste.
Contact Person
Jane Larson
Division of Agricultural Resource Management, DATCP
P.O. Box 8911, Madison,WI 53708-8911
Telephone: (608) 224-4545.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
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Type of Estimate and Analysis
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X Original ⍽ Updated
⍽ Corrected
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Administrative Rule Chapter, Title and Number
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Chapter ATCP 34, Clean Sweep Program
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Subject
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Clean sweep grant program
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Fund Sources Affected
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Chapter 20, Stats. Appropriations Affected
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⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG X SEG-S
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20.115(7) (va)
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Fiscal Effect of Implementing the Rule
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
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The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
X Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
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Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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Policy Problem Addressed by the Rule
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This proposed rule makes changes to improve the administrative and operational efficiency of the “clean sweep" program (ch. ATCP 34, Wis. Admin. Code), which provides grants to local governments for the collection and safe disposal of agricultural pesticides, farm chemical waste and household hazardous waste. This rule (1) updates provisions related to grant applications, grant evaluation and approval, grant contracts, reporting requirements, reimbursement procedures, selection of hazardous waste handlers, and other matters to keep up with developments in programs relating to the collection of hazardous waste; (2) adds standards for the statutory prescription drug component of the clean sweep program to the rule; (3) amends the rule to resolve existing conflicts between the statute and rule concerning funding amounts for the grants and to take into consideration the overall needs of grant recipients; and (4) reduces paperwork by permitting electronic applications for grants. This rule does not alter the level of available funding for the clean sweep program.
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Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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Effects on Specific Businesses and Business Sectors
This proposed rule revision awards grants only to local government entities for expenses related to clean sweep collections. Accordingly, the rule does not directly impact businesses or business sectors. The funding of local governments' waste disposal programs comes from other sources besides the clean sweep program, including the local governments themselves. The proposed rule will continue to benefit certain small businesses such as farmers, farm supply stores, and cooperatives that generate small quantities of waste pesticides per month, since clean sweep collections provide a no- or low-cost method of disposing of agricultural pesticides, unwanted prescription drugs, certain veterinary drugs, and farm chemical waste.
Local Governments
The grants provided under the current clean sweep program assist local governments and tribal nations that are eligible to apply for and receive clean sweep grants. The grants are used to reimburse eligible costs related to
the collection and proper disposal of hazardous waste, unused agricultural chemicals, and unwanted prescription drugs. Proposed rule changes would streamline the application process and provide administrative and operational efficiencies.
Public Utility Rate Payers
This rule will have no impact on utility rate payers as a group.
State's Economy
While it is difficult to assess the rule's specific impact on the state's economy as a whole, the overall impact is expected to be negligible due to the fact that the amount of funding available for grants under the clean sweep program will not change under the proposed rule.
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Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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Benefits
The rule will benefit local governments, as inconsistencies between the statute and rule would be addressed and greater efficiency and streamlining of the grant application process will occur. Since 1990, the program has matured, and the department has found that certain requirements are no longer necessary now that the waste collection programs and procedures are well-established. The rule will also reduce paperwork permitting electronic submittal for grant applications. The general public benefit will continue to benefit from a program that offers a safe no- or low-cost disposal option for certain hazardous wastes and unwanted medications.
Alternatives
If DATCP takes no action, current rules will remain in effect. However, the current rules are outdated and inconsistent in certain respects. This rule would create permanent rules concerning the prescription drug component of the program and allow for the modernization and streamlining of the “clean sweep" program overall.
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Long Range Implications of Implementing the Rule
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Certain non-essential requirements in the current clean sweep grant applications will be eliminated, which will simplify the application process for local governments that apply for grants in the future. The conflict in minimum spending amounts between the current statute and rule due to a shift in the statutory appropriation in recent years will be corrected. Long-term, the rule will continue to benefit local governments, farmers, businesses, and the general public by providing funding to assist with clean sweep collection and disposal of unwanted potentially hazardous products.
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Compare With Approaches Being Used by Federal Government
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The United States Environmental Protection Agency (EPA) administers the Resource Conservation and Recovery Act (RCRA), which includes regulations affecting the collection, movement, and disposal of hazardous agricultural and household waste. EPA has also adopted universal waste management rules under 40 CFR 273. Wisconsin's “clean sweep" grantees and vendors must comply with all applicable RCRA and universal waste provisions.
Prescription drugs that are controlled substances are regulated under the federal Controlled Substance Act (21 USC 801) and the Controlled Substances Import and Export Act (21 USC 951). Wisconsin's prescription drug “clean sweep" program must comply with these and related federal laws.
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Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Surrounding states also collect unwanted pesticides, household hazardous waste or unwanted prescription drugs. The agencies involved, their funding sources, and distribution of funds vary greatly. Wisconsin is the only state that has one agency overseeing these types of grants.
Illinois
Illinois offers a grant for agricultural and structural pesticide collections through the Illinois Department of Agriculture. The Illinois Environmental Protection Agency also offers four, one-day collections for household hazardous waste and unwanted drugs, in addition to some county-hosted events. Illinois'
Prescription Pill and Drug Disposal fund provides reimbursement to law enforcement agencies for collection, transport and incineration of medicines collected from residential sources.
Iowa
Iowa no longer holds hazardous waste collection days and eliminated the award of grants to fund those one-day collections. Instead, the Iowa Department of Natural Resources offers Regional Collection Centers (RCCs) that are open year-round. These RCCs take household waste but can also accept agricultural waste at their discretion. In addition to main RCCs, there are satellite RCC sites and mobile collections that contract with an RCC and travel within a county for collections. Iowa offers two kinds of funds: (1) reimbursement funds to cover operating expenses/disposal costs, and (2) establishment funds to help a county set up a permanent collection site. Unlike Wisconsin's clean sweep program, Iowa allows its funds to be used to build permanent facilities.
Iowa also offers a pharmaceutical disposal program called TakeAway in which patients or caregivers can bring unwanted or expired medicines into participating TakeAway pharmacies. The pharmacist will dispose of the returned medications (prescription drugs or over-the-counter products) into a waste bin specially designed to safely store discarded pharmaceutical products, along with their packaging. Once filled, the TakeAway system is sealed and shipped to a medication disposal facility where the system and its contents are incinerated at a waste-to-energy facility. Some participating pharmacies also sell TakeAway envelopes. They are pre-addressed, postage pre-paid large envelopes that can be taken into the home, filled with unused and expired medicine, and mailed through the United States Postal Service to the disposal facility. Controlled substances must go to law enforcement or one of the United States Drug Enforcement Administration collections.
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Michigan
Michigan offers a clean sweep program for agricultural pesticides through its Department of Agriculture & Rural Development (MDARD). The Michigan Department of Environmental Quality covers household collections, supported by an EPA grant. No grants are given. MDARD will cover the cost of transportation and disposal costs of pesticides collected at household events.
Minnesota
Minnesota enters into cooperative agreements with counties to collect non-agricultural and agricultural waste pesticides. For those counties without a cooperative agreement, the Minnesota Department of Agriculture (MDA) holds collections. Agricultural pesticides are collected every other year and household hazardous wastes are collected each year. MDA pays supplies, transportation and disposal costs and $0.25/lb. for “reasonable overhead costs." The Minnesota Pollution Control Agency (MPCA) provides stipends to counties for household hazardous waste collections. Stipends cover about 10 percent of costs and are determined by different formulas. Minnesota does not offer drug grants. Collections, transportation and disposal are overseen by county law enforcement and counties pay all associated costs.
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Public comments including comments in Response to Web Posting
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The department solicited comments on the economic impact analysis for this proposed rule from interested parties and sought responses by posting both on DATCP's website and also the state's rules website. Three comments were received during this period, but all comments had to do with revisions to the proposed rule and not to the economic impact analysis. The department will review all rule revision comments received during the upcoming public hearing and comment portion of the rulemaking process.
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Name and Phone Number of Contact Person
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Jane Larson, Clean Sweep Program Manager, DATCP
Telephone: 608-224-4545
E-mail: jane.larson@wisconsin.gov
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Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
115.29 (4), Stats., and interpreting s.
115.29 (4), Stats., the Department of Public Instruction will hold a public hearing as follows to consider the revision of Chapter
PI 5, relating to high school equivalency diplomas and certificates of general development. This hearing will be regarding both the PI 5 emergency and permanent rule changes.
Hearing Information
Date: Monday, February 24, 2014
Time: 3:00 to 5:00 p.m.*
Location: GEF 3 Building
125 South Webster St.
Room 041
Madison, WI
*If no speakers are remaining, the hearing will conclude early (but no earlier than 3:30 p.m.). Those that would like to testify should plan to be there at the beginning of the hearing. For those who cannot attend the public hearing, comments received by the Department will be given the same weight as testimony.
The hearing site is fully accessible to persons with disabilities. If you require reasonable accommodation to access the meeting, please call Katie Schumacher at (608) 267-9127, or leave a message with the Teletypewriter (TTY) at (608) 267-2427, at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Place Where Comments Are to Be Submitted and Deadline for Submission
Agency Contact Person
Katie Schumacher, Administrative Rules Coordinator and Small Business Regulatory Coordinator,
Katie.Schumacher@dpi.wi.gov, Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707-7841.
Analysis by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
115.29 General powers. The state superintendent may:
(4) High school graduation equivalency.
(a) Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.
Related statute or rule
N/A.
Plain language analysis
PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the certificate for completion of the General Educational Development (GED) Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014 when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute.
The following changes were made to PI 5:
• Changed the name of the corporation who owns the test based on changes in incorporation for GED Testing Service, LLC.
• Changed the number of subtests from 5 to 4 because the new test only has 4 subtests.
• Corrected the language to indicate that the passing score will now be 150 on each of the 4 subtests and that there will be no average score to be attained.
Summary of, and comparison with, existing or proposed federal regulations
N/A.
Comparison with rules in adjacent states
