Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 10-R-05)
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule to revise Chapter
ATCP 21, relating to voluntary certification of firewood dealers.
Hearing Information
DATCP will hold two public hearings at the times and places shown below.
Date: Wednesday, January 18, 2012
Time: 11:00 A.M.-1:00 P.M.
Location: Wausau Public Library/Marathon County
Public Library
Wausau Room
300 North First St.
Wausau, WI 54403
Date: Thursday, January 19, 2012
Time: 10:00 A.M.-12:00 P.M.
Location: Department of Agriculture, Trade and
Consumer Protection
Conference Room 266
2811 Agriculture Drive
Madison, WI 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by January 6, 2012, by writing to Anna Healy, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4546. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Copies of Proposed Rule
You may obtain a free copy of this rule, the fiscal estimate, or economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4546 or emailing
anna.healy@wisconsin.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
http://AdminRules.Wisconsin.gov.
Submittal of Comments
DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Thursday,
February 2, 2012 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email at
anna.healy@wisconsin.gov or online
http://AdminRules.Wisconsin.gov.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (“DATCP") has administered a voluntary certification program for firewood dealers since 2008. The purposes of the program are to prevent the spread of pests such as Emerald Ash Borer and to enable firewood dealers to sell firewood for use in state parks and other state lands. DATCP is proposing changes to the certification program based on its experience administering the program. The Wisconsin Department of Natural Resources (“DNR") has adopted rules limiting the use of firewood from uncertified sources in Wisconsin state parks and other state lands. Firewood from a certified dealer, if treated and labeled according to our rule, may be used in Wisconsin state parks and other state lands.
Statutes interpreted
Statutory authority
Explanation of statutory authority
DATCP has general authority, under s.
93.07 (1), Stats. to interpret laws under its jurisdiction. DATCP has authority, under ss.
93.07 (12) and
94.01, Stats. to adopt regulations to prevent and control plant pest infestations. DATCP has authority, under ss.
93.06 (1p) and
(1q), to provide inspection and marketing services upon request and to charge a fee for its services. DATCP has authority, under s.
100.20 (2), Stats. to regulate business practices and methods of competition.
Related rules or statutes
This rule supplements and is consistent with s.
NR 45.045, Wis. Admin. Code.
Plain language analysis
The DATCP voluntary firewood certification program was created to allow firewood to move onto state lands. When s.
NR 45.045 was adopted it prohibited firewood on state lands if the wood was harvested from a distance of 50 miles or more from those state lands unless the firewood was certified by DATCP. The DNR has since amended that rule and shortened the distance to 25 miles.
Rule content
This rule makes changes to the voluntary certification program for firewood dealers that will do the following:
•
Alters the definition of firewood so that some forms of wood such as slabs and trimmings from saw mills will now be considered firewood.
•
Alters the definition of a firewood dealer to provide that a minimum annual distribution of 20 cords is required to meet the definition in order to limit certification to commercial operations.
•
Provides that, in addition to the certification number, the firewood label must identify the treatment method and the state and county where the wood was harvested and requires a minimum font size for the certification number on the label.
•
Changes the expiration date of the certification from December 31 to the anniversary date of the initial certification.
•
Provides for a fee of $200 to a dealer for each additional test DATCP must observe for certification for heat treatment when the dealer does not meet the time and temperature requirements during the first observed run.
•
Eliminates fumigation as a treatment option. Currently, Wisconsin has no commercial fumigation facilities and there are no plans for one to be built in the future.
•
Terminates bark removal as a treatment option after 2014.
•
Lowers the heat treatment temperature and time from 160o to 140o F and from 75 to 60 minutes. New research has found that heating to 140o F for 60 minutes is effective in killing the Emerald Ash Borer (EAB). The federal standard is now 140o F for 60 minutes and surrounding states have adopted the federal standard.
•
Requires a dealer that employs heat treatment to have time and temperature recording equipment and retain records of each run for three years at a central location.
Federal and surrounding state programs
Federal Programs
Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has responsibility for excluding, eradicating and controlling serious plant pests, including EAB. USDA-APHIS has instituted statewide quarantines for emerald ash borer on the interstate movement of ash for Illinois, Indiana, Ohio, Pennsylvania, West Virginia and the Lower Peninsula of Michigan. These quarantines include restrictions on the interstate movement of any hardwood (non-coniferous) firewood, and are in addition to the regulations adopted by each state related to the movement of firewood. Firewood cannot be moved from a quarantined area unless it is accompanied by a USDA-APHIS certificate that shows the firewood to be treated in accordance of federal regulations.
The USDA-APHIS is working on rules governing labeling of firewood for interstate movement and record keeping requirements.
Surrounding State Programs
Surrounding states where EAB has been identified (Illinois, Iowa, Indiana, Michigan, and Minnesota) have state and federal quarantines that prohibit the movement of regulated articles, including all hardwood firewood, out of quarantined areas. Firewood can only move out of quarantined areas after it is certified by USDA-APHIS or state officials. Only Minnesota has a state certification program for the heat treatment of firewood. The other surrounding states defer to federal treatment options for firewood movement.
Data and analytical methodologies
DATCP consulted DNR and firewood dealers and utilized a substantial body of research conducted by the United States Department of Agriculture (“USDA") to determine effective methods for eliminating pests from firewood.
Fiscal Impact
The voluntary firewood dealer certification program was created in 2008. With experience operating the certification program DATCP has identified areas where certification standards could be improved, streamlined and have more transparency. The provisions contained in this rule will not significantly increase department workload and therefore the rule has no fiscal effect on DATCP. The rule will not affect local government costs or revenues.
Business Impact
The proposed rule will not have a significant impact on firewood dealers. The record keeping requirements may produce a minor expense for certified firewood dealers, as will the fee for additional heat treatment run exams. However, certification remains voluntary. The time and temperature reductions for heat treatment will produce a savings for dealers using this method and the reduced expense may result in more businesses to becoming certified. The changes proposed by the rule will benefit firewood dealers and those that heat treat wood. A complete Business Impact Analysis is attached.
Economic Impact Analysis
The proposed rule will not have a significant impact on firewood dealers or the state economy. The proposed rule has no effect upon local governments or utility ratepayers. The provisions in this rule and the economic impact analysis of the proposed rule were developed in consultation with the DNR and firewood dealers.
Environmental Impact
This rule will not have a significant impact on the environment. DATCP will inspect at least annually to verify that the certified firewood dealer has the necessary facilities and equipment to treat firewood so that it is free of pests.
DATCP Contact
Questions and comments (including hearing comments) related to this rule may be directed to:
Anna Healy
Department of Agriculture, Trade and Consumer Protection
