Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on May 11, 2012.
Rule No.
Chapter
ATCP 34, Wis. Admin. Code (Existing)
Relating to
Chemical Container and Household Hazardous Waste Collection (“Clean Sweep") Program.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
This proposed rule would update and clarify current rules related to Wisconsin's “Clean Sweep" program. In addition, this rule may also implement statutory changes authorizing a “Clean Sweep" program for the collection and disposal of unwanted prescription drugs.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Existing Policies. Under the “Clean Sweep" program, DATCP distributes grants to county and local governments for hazardous waste collection events and some permanent waste collection sites. DATCP's “Clean Sweep" grant program is very popular because it assists counties and other grant recipients by facilitating the disposal of certain hazardous wastes. Farmers, individuals, and certain businesses benefit by being allowed to dispose of unwanted pesticides and farm chemicals, used pesticide storage containers, specific types of household products (e.g., turpentine, household pesticides, lighter fluid, etc.) and unwanted prescription drugs in an economical and convenient fashion.
DATCP has operated an agricultural waste “Clean Sweep" grant program since 1990. In 2003, a law was passed to transfer the state's household “Clean Sweep" grant program for the collection of hazardous household wastes from the Department of Natural Resources to DATCP (
See 2003 Wis. Act 33). In 2004, DATCP consolidated the household “Clean Sweep" program with the agricultural waste program. Since then, “Clean Sweep" grants have helped county and local governments to collect and dispose of more than three million pounds of farm chemical wastes and five million pounds of household hazardous wastes.
2007 Wis. Act 20 authorized DATCP to expand the “Clean Sweep" grant program to include grants for county and local projects to collect unwanted prescription drugs. DATCP has implemented a pilot prescription drug program since 2008 and now proposes to develop rules for a permanent program.
Proposed Policies. This rule may explore the feasibility of the following:
•
Codifying the prescription drug component of the “Clean Sweep" grants program, which has been in development under a DATCP pilot program.
•
Amending the rule to resolve any existing conflicts between the statute and rule concerning funding amounts for the grants and to take into consideration the overall needs of grant recipients.
•
Reducing paperwork by permitting electronic applications for grants. Make changes to improve the administrative and operational efficiency of the “Clean Sweep" program.
•
Updating 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 to programs relating to the collection of hazardous wastes.
Analysis of Policy Alternatives. Do nothing. 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.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
DATCP has statutory authority under s.
93.07 (1), Stats., to promulgate rules relating to the administration of “Clean Sweep" grants programs for agricultural and household hazardous waste, including prescription drugs, authorized by sections
93.55 and
93.57, Stats.
93.07 Departmental duties. It shall be the duty of the department:
(1)
Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
93.55 Chemical and container collection grants.
(1) Definitions. In this section:
(a) “Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
(b) “Pesticide" has the meaning given in s.
94.67 (25).
(2)
Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection may not fund more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s.
291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s.
20.115 (7) (va).
(2m)
Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in s.
102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
93.57 Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under s.
20.115 (7) (va) in each fiscal year for grants under this section.
The agency considers it necessary to adopt rules needed to establish the bases for grant determinations in order to effectuate the purposes of s.
93.55 and
93.57, Stats.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it would use approximately 1.0 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP would use existing staff to develop this rule.
List with Description of all Entities that may be Affected by the Proposed Rule
This rule would assist local governments (counties, municipalities and regional planning commissions) and tribal nations who are eligible to apply for and receive “Clean Sweep" grants. This rule would continue to benefit farmers, homeowners and residential tenants, and businesses that generate limited quantities of hazardous wastes (who qualify as “very small quantity generators") that use the hazardous waste collection events and sites that are funded in part by DATCP's grants.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
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.
In 2009, the U.S. Department of Justice Drug Enforcement Administration proposed a rule (DEA-316A: Disposal of Controlled Substances by Person Not Registered with the Drug Enforcement Administration) seeking options for the safe and responsible disposal of controlled substances in a manner consistent with the Controlled Substances Act (CSA). This federal regulation has not yet been enacted. If it is enacted, the rule may impact “Clean Sweep" prescription drug collection programs themselves, but it would not likely affect this proposed rule, which provides grants for those kinds of programs.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
DATCP expects the proposed changes to the existing rule to have minimal to no economic impact statewide or locally.
Contact Person
Jane Larson, Clean Sweep program manager, DATCP
Telephone: 608-224-4545
Financial Institutions — Banking
This statement of scope was approved by the governor on May 9, 2012.
Rule No.
Relating to
Payday lending.
Rule Type
Permanent.
