Rule-Making Notices (Hearing Notices)

Comparison with rules in adjacent states

Iowa:

Iowa, under 131 IAC, requires emergency medical services personnel to maintain current written recognition given for training and successful course completion of CPR which includes training on the use of an AED.

Illinois:

Illinois, under 77 Ill. Adm. Code 525.300 and 525.400, requires the department of public health to approve courses that meet the course objectives for the American Heart Association or the American Red Cross courses and that require at least the same number of hours for completion. To be recognized as an AED user in Illinois the code requires an individual to be trained as an instructor in the use of AEDs, or be licensed to practice medicine in all its branches under Illinois statute. These requirements are comparable to the requirements under this rule where training in the use of an AED is to be provided by the American Heart Association, American Red Cross, and other organizations who have similar training objectives, except that the proposed rule does not require emergency medical professionals to be trained as instructors, or be licensed to practice medicine.

Michigan:

Michigan, under Mich. Adm. Code R. 325, requires emergency medical services personnel to have a department of community health-approved cardiac pulmonary resuscitation (CPR) program for a health care provider or highest equivalent level of training. This rule is similar to the training approved and required for emergency medical professional under the proposed rule. The training required under the proposed rule is at the professional level of training which is intended for persons in the health care field.

Minnesota:

Minnesota does not have administrative rules that are similar to the proposed rules.

Summary of factual data and analytical methodologies

Emergency medical services professionals are already required by the department to receive instruction on the use of AEDs as part of their standard training for licensure and certification. The requirements, however, are not in administrative rules. Section 256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section 256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.

Small Business Impact

The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s. 256.15 (9m), Stats. However, the fiscal effect may vary and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50. Instruction is required at least every two years under the proposed rule.

Small business regulatory coordinator

Rosie Greer

[e-mail]

608-266-1279

Fiscal Estimate

The fiscal effect of the proposed rule on the department is expected to be minimal. The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should also be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s. 256.15 (9m), Stats. However, the fiscal effect is varied and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50.

Copies of Proposed Rules and Fiscal Estimate

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or from the department by contacting the person listed below.

Contact Person

Brian D. Litza, EMS Section Chief

1 W. Wilson St., Room 133

Madison, WI 53701

[phone]

[e-mail]

Notice of Hearing

Military Affairs —
Wisconsin Emergency Management

rulemaking_notices CR 08-106 EmR0836 and CR 08-106

NOTICE IS HEREBY GIVEN that pursuant to authority vested in Wisconsin Emergency Management and State Emergency Response Commission in ss. 227.17 and 227.18, Stats., Wisconsin Emergency Management will hold public hearings to consider an order adopting emergency rules and a permanent rule to amend ss. WEM 1.03 and 1.04 (7) (a) to (j) in order to establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in s. WEM 1.02 (5).

Hearing Information

The first hearing will be held:

Date:   Thursday, December 18, 2008

Time:   9:30 a.m.

Location:   Wisconsin Emergency Management
  2400 Wright St.
  Witmer Hall
  Madison, WI 53704

The second hearing will be held:

Date:   Friday, December 19, 2008

Time:   1:00 p.m.

Location:   University of Wisconsin - Marathon County
  Conference Room # 5
  212 River Drive
  Wausau, WI. 54403-5476
(For directions go to www.marathon.uwex.edu)

The hearings will be held in handicapped accessible facilities. If you are in need of accommodations that may simplify your efforts to hear, see and access the facility, please contact Sharon Edwards-Billings at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent available upon a request from persons with physical challenges.

Submission of Written Comments

Comments may be submitted to Sharon Edwards-Billings, EPCRA Planning Specialist, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: [phone]. Email: [e-mail].

Comments must be received on or before December 18, 2008 to be included in the record of rule-making proceedings.

Emergency Rule — EmR0836

Relating to a fee change for facilities storing hazardous materials and extremely hazardous substances under the emergency planning & community right-to-know act (EPCRA)

Finding Of Emergency

The Wisconsin Division of Emergency Management (WEM)/State Emergency Response Commission finds that an emergency exists and that a rule revision is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting an emergency is as follows:

Emergency response to and planning for accidental or purposeful releases of dangerous chemicals will be compromised by a significant reduction of money available to fund emergency management activities at the county level. County emergency management agencies will be unable to fully comply with state and federal laws. Wisconsin Emergency Management would also experience substantial reductions in capabilities to assist local units of government with their state and federally required responsibilities. Sufficient funding of the county grant program and WEM activities is necessary to protect and defend the citizens of Wisconsin from accidental releases and releases caused by terrorist actions.

Analysis Prepared by Wisconsin Emergency Management

Statutes interpreted

Sections 166.20 generally, 166.20 (5), 166.20 (7), and 166.21, Stats.

Statutory authority

Sections 166.20 generally, 166.20 (5), and 166.20 (7), Stats.

Plain language summary

The proposal to amend WEM 1.03 and WEM 1.04 (7) (a) through (j) would establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in WEM 1.02 (5).

Facilities and certain small businesses which have 10 or more full-time employees and store hazardous materials, hazardous substances and extremely hazardous substances are assessed a fee based on the types and numbers of chemicals present. Fees have not increased since the initial implementation of the fee structure in 1990.

Wisconsin Emergency Management has been successful in stretching dwindle dollars over the years but projections indicate that a change in fees is necessary to avoid substantial reductions of services at the county and state levels of emergency management.

The fees collected fund the grant program which assists county emergency management with planning, response, exercising and training activities as they relate to accidental or purposeful release of hazardous materials, hazardous substances or extremely hazardous substances.

The fees collected fund planning, response, exercise and training activities by the state which supports county emergency management activities.

The changes in this emergency rule will fund the program at the present level for one year to ensure that citizens are protected from the affects of accidental or purposeful release of chemicals at the present level. The permanent rule is being drafted.

SECTION 1. WEM 1.03 is amended to read:

WEM 1.03 An owner or operator who has made an emergency planning notification required under 166.20 (5) (a) 1., Stats., shall submit a fee of $800 per facility no later than 2 months after February 1, 1990. Except as provided under as provided under s. WEM 1.06, an owner or operator shall submit a fee of $800945 per facility with the emergency planning notification required under s. 166.20 (5) (a) 1., Stats. The planning notification fee statement shall be submitted one time to the division.

SECTION 2. WEM 1.04 (7) (a) through (j) is amended to read:

(7) Except as provided under s. WEM 1.07, the appropriate inventory form fee required under this section is:

(a) For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $150180. Facilities with an actual maximum daily amount of 100,000 or more, $180210

(b) For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $300355. Facilities with an actual maximum daily amount of 100,000 or more, $360 425.

(c) For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $450530. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $540635.

(d) For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $550650. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $660780.

(e) For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $650765. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $780920.

(f)   For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $750885. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $9001060.

(g) For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $8501005 Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $10201205.

(h) For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $9501120. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $11401345.

(i) For temporary construction facilities, $2024.

(j) For batch plants, $2024.

Note: Facilities that have submitted Tier II and Inventory Fee Statements in 2008 for chemicals in 2007 will receive preprinted forms in the mail on or about January 1, 2009. These forms can also be obtained through the Wisconsin Emergency Management website at emergency [e-mail] or call 608-242-3221.

Permanent Rule — CR 08-106

The Wisconsin Division of Emergency Management proposes an order to amend WEM 1.03 and WEM 1.04 relating to fees.

Analysis Prepared by Wisconsin Emergency Management

Statutes interpreted

Sections 166.20 generally, 166.20 (5), 166.20 (7), and 166.21 Stats.

Statutory authority

Sections 166.20 generally, 166.20(5), and 166.20(7) Stats.

Explanation of agency authority

The Department of Military Affairs, through its Division of Emergency Management (WEM)/State Emergency Response Commission, is required under s. 166.20 (7), Stats. to promulgate and adopt rules establishing a one-time fee when a facility makes the planning notification requirement under s. 166.20 (7) (a) 1. The Division of Emergency Management is also required under s. 166.20 (7) to promulgate and adopt rules establishing an annual inventory fee when a facility submits the emergency and hazardous chemical inventory forms required under s. 166.20 (5) (a) (3).

Related rule or statute

There are no other related statutes or rules other than those listed above.

Plain language analysis

The proposal to amend WEM 1.03 and WEM 1.04 (7) (a) through (j) would establish fee revisions to facilities housing hazardous chemicals and extremely hazardous substances as defined in WEM 1.02 (5).