On July 29, 1999, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends s. PI 11.24 (9) (c), deleting the requirement that a medical referral be received from a licensed physician when a child receives occupational therapy to benefit from special education.
Agency Procedure for Promulgation
Public hearings are required and will be scheduled. The Division for Learning Support: Equity and Advocacy is primarily responsible for promulgation of this rule.
Contact Information
If you have questions regarding this rule, you may contact:
Paul Halverson, Director
Special Education
Telephone (608) 266-1781
Transportation
Rule Submittal Date
On July 30, 1999, the Department of Transportation submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The subject matter of the proposed rule affecting ch. Trans 276 relates to allowing the operation of double bottoms and certain other vehicles on specified highways.
Agency Procedure for Promulgation
A public hearing is required and will be held on August 26, 1999 at 10:00 a.m. in Room 144-B, Hill Farms State Office Building, 4802 Sheboygan Ave., Madison, Wisconsin.
The Division of Infrastructure Development, Bureau of Highway Operations, is the organizational unit primarily responsible for promulgation of the proposed rule.
Contact Information
If you have questions regarding this rule, you may contact:
Julie A. Johnson, Paralegal
Department of Transportation
Telephone (608) 266-8810
FAX (608) 267-6734
N o t i c e S e c t i o n
Notice of Hearing
Agriculture, Trade and
Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides.
Hearing Information
The hearings will be held at the times and places shown below.
August 31, 1999 La Petite Room
Tuesday Best Western
1:00-4:00 p.m. 1616 Crestview Dr.
6:30-8:00 p.m. HUDSON, WI
September 1, 1999 Main Meeting Room
Wednesday Comfort Suites
1:00-4:00 p.m. 300 Division North St.
6:30-8:00 p.m. STEVENS POINT, WI
September 2, 1999 Room Timber Wolf A
Thursday Black Wolf Lodge
1:00-4:00 p.m. 1400 Black Wolf Dr.
6:30-8:00 p.m. WISCONSIN DELLS, WI
Copies of Rule
A copy of this rule may be obtained, free of charge, form the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, 2811 Agriculture Drive, Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4505. Copies will also be available at the public hearings.
Written Comments
The public is invited to attend the hearings and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement which accompanies the rule. Following the public hearings, the hearing record will remain open until September 17, 1999 for additional written comments.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by August 20, 1999 either by writing to Paula Noel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4505) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearings.
Written comments will be accepted until September 17, 1999.
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: ss. 93.07(1), 94.69(9), 160.19(2), and 160.21(1)
Statutes interpreted: ss. 94.69, 160.19(2) and 160.21(1)
In order to protect Wisconsin groundwater, current rules under ch. ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards.
Based on new groundwater test data, this rule expands the number of areas in which atrazine use is prohibited.
This rule also corrects an outdated statutory reference in the department's current aldicarb (not atrazine) rules. Currently, under s. ATCP 30.24(5)(b), Wis. Adm. Code, the Department may grant an exemption from an aldicarb use prohibition if certain conditions are met. The current rule identifies those conditions by reference to a statute which has since been repealed. This rule eliminates the outdated statutory reference, and identifies the conditions in the rule itself. This rule does not change the substance of the current aldicarb rule.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch. NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 101 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule repeals and recreates 1 current prohibition area to expand the area, and creates 2 new prohibition areas, resulting in a new total of 103 prohibition areas throughout the state. The rule includes maps describing each of the new and expanded prohibition areas.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface which complies with ss. ATCP 29.151(2) to (4), Wis. Adm. Code.
Fiscal Estimate
The rule will be administered by the Agricultural Resource Management (ARM) Division of the Department of Agriculture, Trade and Consumer Protection (DATCP). The following estimate is based on enlarging 1 existing prohibition area (PA), and creating 2 additional PAs.
Administration and enforcement of the proposal will involve new costs for the Department. Specialist and field investigator staff time will be needed for inspections and enforcement in the new PAs (0.1 FTE, cost approximately $4,000). Enforcement activities will be conducted in conjunction with current compliance inspections but at increased levels to ensure compliance with the additional prohibition areas. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the PAs require education to comply with the new regulations.
Soil sampling conducted in the additional PAs to determine compliance with the rules will require an estimated $1,000 in analytical services. In addition, a public information effort will be needed to achieve a high degree of voluntary compliance with the rule. Direct costs to produce and distribute the informational materials will be $3,000.
Total Annual Costs: $8,000
The Department anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short term increased interest by individuals requesting samples.
On Local Units of Government
The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is therefore not expected to have any fiscal impact on local units of government. County agricultural agents will likely receive requests for information on provisions of the rule and on weed control strategies with reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.
The complete fiscal estimate is available upon request.
Initial Regulatory Flexibility Analysis
Businesses Affected:
The amendments to ATCP 30 Appendix A will affect small businesses in Wisconsin. The greatest small business impact of the rule will be on users of atrazine -- farmers who grow corn. The proposed prohibition areas contain approximately 6,000 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 1,500 acres of corn will be affected. This acreage would represent between 5 and 20 producers, depending on their corn acreage. These producers are small businesses, as defined by s. 227.114 (1)(a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business and the impacts are not further discussed in this document.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance:
The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation would need to be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current atrazine rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current atrazine rule.
