Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the July 31, 2002, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order affecting ch.
Comm 10, relating to flammable and combustible liquids.
Effective 8-1-02
Summary of Final Regulatory Flexibility Analysis
Since ch.
Comm 10 was first promulgated in 1991, there have been major changes in national standards, technology and industry practice. The proposed rule change consists primarily of updating adopted national standards and repealing requirements that are obsolete because the federally-mandated deadlines have passed. There are additional changes designed to streamline the permitting and tank registration processes. Tank registration will be required for tanks that store federally regulated hazardous substances as a prerequisite to regulating these tanks in accordance with s.
101.09, Stats. There are many miscellaneous changes designed to clarify ambiguous requirements and to codify long-standing department policies and industry practices.
There are no reports required of small businesses under this proposal. The requirement to register tanks and obtain an operating permit for tanks applies to all businesses. Both registration and permitting entail gathering information and filling out forms but there is no filing fee associated with either process.
Because lapses in fire safety and environmental protection can cause business and personal disruption and economic hardship far beyond their area of origin, these standards must be applied uniformly regardless of the size of the business involved.
Summary of Comments of Legislative Standing Committees
The Senate Committee on Environmental Resources had a comment on the Department of Commerce's proposal to extend the scope of ch.
Comm 10 to liquids with a flash point higher than 200
oF. The Department reiterated its commitment to continue to work with affected parties on the implementation of these regulations and the development of future regulations which will address the concerns raised by the Senate Committee.
An order affecting ch.
HFS 157, relating to protecting public health by regulating the sources and use of ionizing radiation.
Effective 8-1-02 (part)
Summary of Final Regulatory Flexibility Analysis
The proposed rule will affect a limited number of small businesses that utilize radioactive material. Based on NRC licensee data, 16 of the 253 radioactive material licensees in Wisconsin meet the definition of small business, as defined in s.
227.114 (1) (a), Stats. The Department considered the impact of the proposed license fees in ch.
HFS 157 on small business, as well as the impact of a fee reduction or exemption for small business on the fees for other licensees. The Department will be required to license and inspect current NRC licensed facilities no less stringently than the federal government, and ensure equally high standards of public health and safety in the use of radioactive materials, regardless of facility size or small business classification. The supported program. Fees were established at levels expected to be sufficient to support the program. Any fee exemption or reduction for small business would require an increase in fees for other licensees (medical, research, academic or other businesses), or an alternative revenue source, to offset the revenue reduction. The Department believes that the fees in ch.
HFS 157 reflect the stringent level of regulatory oversight required for licensing radioactive material users and are equitable to all licensees. As a result, the Department is not proposing any fee exemption or reduction for small business. The Department will evaluate the budget and revenue trends for the proposed radioactive materials licensing program, after two years of program operation, to determine if adjustments to the fee structure are warranted.
The regulatory requirements for radioactive materials in ch.
HFS 157 are compatible with equivalent NRC regulations and will not require any new reporting or record keeping requirements, with the exception of an annual self-inspection form for certain generally-licensed devices, primarily used by manufacturing industries. These devices can contain large quantities of radioactive materials and are used to measure flow through pipes, level of material in containers, thickness of materials or coatings, consistency and uniformity of materials and other parameters. The self-inspection form is being proposed to improve user awareness of the disposal and other regulatory requirements that apply to these devices. The Department estimates that it will take about 10 minutes to complete this form.
Summary of Comments of Legislative Standing Committees
The Department submitted the legislative report, including final proposed rules, to the presiding officers on February 11, 2002. The rules were assigned to the Assembly Committee on Public Health and the Senate Committee on Health, Veterans and Military Affairs. While neither committee held a hearing on the final proposed rules, the Assembly Committee on Public Health asked to meet with the Department regarding the absence of definitions of the terms “licensed practitioner" and “chiropractor" in the rules. In response to the Committee's request, the Department inserted definitions for a “licensed practitioner" and “chiropractor" to the chapter and renumbered other defined terms accordingly.
In addition, the Department submitted a germane modification to the final proposed rules on April 24th, removing the word “medicine" from the definition of “chiropractor."
An order affecting ch.
NR 10, relating to deer hunting.
Partially effective 8-1-02
Summary of Final Regulatory Flexibility Analysis
The rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Senate Committee on Environmental Resources held a public hearing on March 15, 2201. The Senate Committee requested the Department to remove the January bow season, extend the current September to November deer bow season by 2 days, remove the December deer gun season, and create a 2-day deer gun season on the Saturday and Sunday immediately after the regular deer gun season.
The Assembly Committee on Natural Resources held a public hearing on April 2, 2001 and requested modifications to the proposed rule.
At its May 23, 2001 meeting, the Natural Resources Board adopted modifications that concluded the late archery season on January 3, extended the early archery season by 4 days, included an experimental 4-day December antlerless gun season north of US highway 8 and clarified the state park herd control seasons.
On June 6, 2001, the Assembly Committee on Natural Resources requested further modifications. At its October 26, 2001 meeting, the Natural Resources Board modified the December experimental gun deer season to be in effect for 3 years, after which it would discontinue or sunset according to the rule. The Board declined to add 7 days to the end of the traditional 9-day deer gun season.
On November 7, 2001, the Assembly Committee on Natural Resources objected to 4 portions of Clearinghouse Rule No. 00-154 and referred those portions of the rule to the Joint Committee for Review of Administrative Rules. The Committee specifically objected to those parts of the rule that:
1. Created a 4-day December antlerless only deer hunting season for the 2002, 2003 and 2004 seasons.
2. Sets the day in October for the start of the 4-day antlerless only deer season, allowing the use of bows and guns, in a special deer herd control season.
3. Authorizes a 4-day early bow season immediately prior to the 9-day gun season.
4. Allows gun license deer to be registered only in the unit where the deer was killed or an adjoining unit.
The portions of the rule not objected to by the Committee were promulgated by the Department effective February 1, 2002.
On January 10, 2002, the Joint Committee for Review of Administrative Rules held a public hearing. The Committee requested the Department to modify the 4-day December antlerless deer hunt. The Committee wanted to preserve the ability of the Department to have a December T-Zone hunt, but the Committee was strongly opposed to the creation of a permanent, statewide hunt in December. The Committee also requested the Department to modify the early bow season to apply this hunt on a permanent, statewide basis.
The Joint Committee for Review of Administrative Rules agreed with the Assembly Committee on Natural Resources' objections on the 4-day October antlerless only deer season and the restriction on where deer must be registered. Legislation was introduced on these two objections.
On March 27, 2002, the Natural Resources Board adopted a modification that the early bow season would close at the end of the hunting hours two days prior to the opening of the deer gun season regardless of when that season would begin. The Board further adopted a December 4-day antlerless gun deer season in units requiring additional antlerless deer hunting opportunities to control the deer population in certain units. The Department of Natural Resources further requested the Joint Committee for Review of Administrative Rules reconsider their objection to the registration of deer in the unit of harvest or an adjacent unit based on the discovery of chronic wasting disease (CWD).
On April 12, 2002, the Joint Committee for Review of Administrative Rules rescinded its objection to the restriction on where deer must be registered. The Committee further requested that the Department modify the December 4-day antlerless gun deer season so that it was only allowed in that part of the state that lies south of state highway 8.
On April 24, 2002, the Natural Resources Board agreed to the proposed modification. The Joint Committee for Review of Administrative Rules waived any further review of Clearinghouse Rule No. 00-154.
An order affecting ch.
NR 18, relating to revisions of falconry rules.
Partially effective 8-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rule regulates the sport of falconry. Businesses are not affected by this rule. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The rule was reviewed by the Senate Committee on Environmental Resources and the Assembly Committee on Natural Resources. On April 10, 2002, the Assembly Committee on Natural Resources held a public hearing. No comments or recommendations were made on the proposed rule.
An order affecting chs.
NR 700,
714,
720,
722,
726 and
749, relating to the implementation of a geographic information system registry of closed remediation sites for properties with residual soil contamination.
Effective 8-1-02
Summary of Final Regulatory Flexibility Analysis
The Department does not expect any negative impact on small businesses as a result of this action. This rule package should help small businesses by eliminating the use of deed notices and clarifying when deed restrictions are necessary when contaminated soil remains on a property at the time of closure.
Summary of Comments of Legislative Standing Committees
The proposed rule was reviewed by the Assembly Committee on Environment and the Senate Committee on Environmental Resources. There were no comments.
