The hearing notice, emergency rules and proposed permanent rules are all available through the Department's web site at: www.dhfs.state.wi.us/news/rules/index.htm. To find out more about the hearing or to request a written copy of the emergency or proposed permanent rules, write, phone or e-mail:

Kathleen Luedtke
SSI Coordinator
Division of Supportive Living
P.O. Box 7851
Madison, Wisconsin 53707
(608) 266-6890 or,

If you are hearing impaired, (608) 266-7376

e-mail: luedtka@dhfs.state.wi.us

If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number shown above. Persons requesting a non-English or sign language interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments received by mail, fax or e-mail at an above address no later than 5:00 p.m., December 20, 2000, will be given the same consideration as testimony presented at a hearing.

The establishment of ch. HFS 79 will not affect the expenditures of either state or local governments. Administrative costs of the Wisconsin SSI Program are funded by general purpose tax revenues and will not change due to promulgation of this rule. Revenues to the program in the form of recovery of overpayments or incorrect payments will increase, allowing the Department to effectively manage the appropriation for this program.

The promulgation of Ch. HFS 79 will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.

NOTICE IS HEREBY GIVEN that pursuant to ss. 1.11, 23.09, 23.32, 23.321, 29.011, 281.11 and 227.11 (2) (a), Stats., interpreting ss. 23.09, 23.321, 29.011 and 281.11, Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 1.95, Wis. Adm. Code, relating to the Natural Resources Board policy on wetlands preservation, protection, restoration and management. Since the policy was created in 1978, there have been numerous changes to federal laws and programs that have impacted heavily on how we regulate and manage Wisconsin's wetlands. In addition to “housekeeping" changes to reflect these changes, the strategic direction and goals being codified in s. NR 1.95 include revisions to:

Strengthen relationships with property owners, not-for-profit conservation organizations and local governments. Develop the outreach and incentives needed to encourage private wetland stewardship. Provide the technical assistance needed for private wetland stewardship.

Manage wetlands for biodiversity, wildlife health and ecological integrity. Identify important wetlands within watersheds and develop coherent ecologically based protection and management plan for each watershed. Encourage wetland restoration and enhancement projects for both specific functions and for the full range of functions.

Simplify our regulatory approach by identifying ways to improve our current regulatory program, by developing an effective wetland enforcement program and a compensatory mitigation program. Also look at developing a comprehensive state administered wetland protection program.

Develop and use modern technology. Increase the use and accessibility of the Wisconsin Wetland Inventory, develop a comprehensive, integrated and current wetland monitoring/resource inventory and increase the availability of wetland information.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.321, 281.15 and 227.11(2)(a), Stats., interpreting s. 23.321, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 103 and the creation of ch. NR 350, Wis. Adm. Code, relating to wetland compensatory mitigation. The proposed changes to ch. NR 103 address the process for consideration of wetland compensatory mitigation. To make the new process clear, the department proposes a complete re-write of the decision process section of the code under s. NR 103.08 (4). The revision would set forth a different review process depending on the type of activity or the characteristic of the wetland impact. When compensatory mitigation enters into a decision, the specifics for what is required for compensation shall be found in ch. NR 350.

A newly created ch. NR 350 is proposed to establish requirements for mitigation projects and mitigation banking in accordance with the requirements of the law including: a sequence of compensatory mitigation that requires practicable on-site compensation before allowing off-site compensation and/or use of banks; ratios for wetland replacement based on the type of wetland, proximity of the compensation site to the area of impact, and the type of replacement project; requirements for planning and design of compensation sites; requirements for short and long-term monitoring and management of compensation sites; financial assurances that the sites will be constructed and maintained as approved; requirements for long-term protection of sites as wetlands using easements or deed restrictions; a process for mitigation banking and the responsibilities of bank sponsors and the department; and requirements for public notification on mitigation banks and bank proposals.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

December 11, 2000 Monday	Room 027, GEF #2, 101 South Webster Street Madison     at 2:00 p.m.
December 12, 2000 Tuesday	Large Meeting Room DNR Northeast Region Hdqrs. 1125 N. Military Ave. Green Bay   at 10:00 a.m.
December 12, 2000 Tuesday	Room 233 UW Marathon Co. Center 518 S. 7th Avenue Wausau     at 4:00 p.m.
December 13, 2000 Wednesday	Conference Room #4 DNR Northern Region Hdqrs. 107 Sutliff Avenue Rhinelander   at 10:00 a.m.
December 14, 2000 Thursday	Agricultural Research Station W6646 Hwy. 70 Spooner     at 10:00 a.m.
December 14, 2000 Thursday	Four Seasons Room Ramada Conference Center 1202 W. Clairemont Ave. Eau Claire   at 4:00 p.m.
December 18, 2000 Monday	Best Western Conference Center Hwy. 18 & 35 South Prairie du Chien   at 12:00 p.m.
December 19, 2000 Tuesday	Room 255 Waukesha Co. Courthouse 1320 Pewaukee Road Waukesha   at 10:00 a.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call P. Scott Hausmann at (608) 266-7360 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rules may be submitted to Mr. P. Scott Hausmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 29, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules and fiscal estimates [FH-44-00] and [FH 47-00] may be obtained from Mr. Hausmann.

Section NR 1.95 - There is no fiscal effect. The proposed rule changes create no new authority or programs, and are not expected to have a fiscal impact.

Chs. NR 103 and 350 - The Department will incur one-time costs associated with promulgating the rules, including rule development, holding hearings, compiling a record, finalizing the rules, presentation to the Natural Resources Board, drafting guidance, and conducting training. Because the rule development phase is likely to be controversial, the Department estimates that it will devote at least 1,000 hours of staff time to complete the rule development process.

However, there are significant ongoing workload implications and costs associated with implementing a compensatory mitigation and enforcement program. The Department estimates that compensatory mitigation will require nearly 13,000 hours in additional effort annually for Water Division field staff - or the equivalent of 7 FTE. This includes estimated staff time spent on permit processing, consultations in cases that do not lead to formal permit applications, and monitoring of compensatory wetland mitigation sites. Additionally, the Department anticipates the need for an additional 1.0 FTE statewide program coordinator to administer the mitigation program for statewide consistency.

Act 147 also gave the Department the authority to enforce wetland water qualify certification decisions and prosecute illegal wetland destruction. A Departmental workload analysis estimates that it will require an additional 4 FTE enforcement specialists to adequately administer the enforcement component of Act 147.

All totaled, the Department projects additional, ongoing annualized costs associated with an additional 12.0 FTE totaling $591,000.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.27 (2), Stats., interpreting s. 285.27 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 422 and 484 and the creation of NR 460 Appendix JJ and ch. NR 465, Wis. Adm. Code, relating to volatile organic compound emissions and national emission standards for hazardous air pollutants for wood furniture manufacturing. The proposed rule will incorporate into the administrative code existing national emission standards for hazardous air pollutants for wood furniture manufacturing operation. These standards took effect on December 7, 1995, and are intended to protect public health by requiring the control of emissions of hazardous air pollutants to the level attainable by implementing the maximum achievable control technology. The standards include emission limitations for finishing materials and contact adhesives used by the wood furniture industry, as well as work practices for areas such as inspection and maintenance procedures, solvent cleaning and washoff operations and application equipment for finishing materials. Flexible compliance options are provided, including averaging and pollution prevention methods allowing sources to substitute non-toxic solvents for toxic ones. The standards include provisions exemption facilities based on low actual hazardous air pollution emissions and low use of finishing materials, adhesives and solvents for cleaning and washoff.

In addition, this proposed order makes a change to existing volatile organic compound control rules for this same industry. The change is proposed in order to make state VOC application equipment requirements consistent with, and no more restrictive than, the US EPA guidance for this industry.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: New and existing facilities which are involved in the manufacture of wood furniture or wood furniture components, and which have the potential to emit more than 10 tons per year of a single hazardous air pollutant.

b. Description of reporting and bookkeeping procedures required: No procedures not already required under the federal law.

c. Description of professional skills required: No additional skills

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

December 14, 2000 Thursday	Room 601 UW Extension James P. Coughlin Center 625 E. County Road Y Oshkosh     at 1:30 p.m.
December 15, 2000 Friday	Room 611B, GEF #2 101 South Webster Street Madison     at 1:30 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Robert Park at (608) 266-1054 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than December 29, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings.

A copy of proposed rule AM-37-00 and its fiscal estimate may be obtained from:

Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560

The Department is already responsible for implementing this NESHAP, and does so through the operation permit program under ch. NR 407, Wis. Adm. Code. Incorporating this NESHAP into the Wisconsin Administrative Code does not impose additional costs on the Department.

NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to lead and copper monitoring and treatment requirements for public water systems. The changes do not affect the lead or copper maximum contaminant level goals, the action levels or the basic regulatory requirements. Rule revisions will improve implementation by clearly defining appropriate sample site locations, criteria for monitoring reductions and steps for continuing corrosion control treatment. In addition, changes reduce the reporting burden for systems. Systems would not be required to submit certifications for first-draw samples, tier 1 sites or request for reduced monitoring. It also expands the time frame for reporting water quality parameters. Overall, this rule should not reduce the regulatory workload on public water systems, but should make it more simple and less costly to comply with the lead and copper rule.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 280.11 and 281.17(8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809 and the creation of subch. IX of ch. NR 809, Wis. Adm. Code, relating to public notification requirements for public water systems. The revisions to the public notice rule are essentially an attempt to simplify and further clarify existing Safe Drinking Water Act required public notice requirements. These revisions separate public notifications into three categories called “tiers". Tier 1 public notices will be required for acute public health violations such as a violation of the Total Coliform Rule and notice must be issued within 24 hours. Tier 2 public notification will be required for non-acute maximum contaminant level violations and this type of notice may be delayed up to 30 days. Finally, tier 3 public notice is required for most monitoring and reporting violations and other “minor" violations and may be provided once per year.

The rule revisions clearly spell out what type of violations fit under each tier and provide step by step information regarding what must be done by public water systems that incur violations. In addition, creating the tiered notification process will substantially reduce overall noticing required of public water systems by allowing a “once per year" notice in a water system's annual consumer confidence report. This allowance should actually reduce the cost of noticing for some systems and greatly simplify the process for others.

In addition to clarifying and simplifying existing requirements, this rule revision includes new mandatory public notice language for newly regulated contaminants promulgated under other rules and reformats existing tables to make them easier to understand and use. Overall, this regulation should not increase the regulatory workload on public water systems and should make it more simple and less costly to comply with public notice requirements.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small business. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any small business classified as having a public water system.

b. Description of reporting and bookkeeping procedures required: No procedures not already required under the federal rule.

c. Description of professional skills required: No skills not already required under the federal rule.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

December 14, 2000   Video conference participation will be Thursday     available at:
9:00 a.m.     Room 021, GEF #2 Building
    101 S. Webster Street
    Madison

    Room 139, State Office Building
    718 W. Clairemont Avenue
    Eau Claire

    Room 618, State Office Building
    200 N. Jefferson Street
    Green Bay

    Room B29, State Office Building
    3550 Mormon Coulee Road
    LaCrosse

    Room 542, State Office Building
    819 N. 6th Street
    Milwaukee

    Room 3, DNR Regional Headquarters,     107 Sutliff Avenue
    Rhinelander

December 15, 2000   Video conference participation will be Friday     available at:
3:00 p.m.     Room 021, GEF #2 Building
    101 S. Webster Street
    Madison

    Room 139, State Office Building
    718 W. Clairemont Avenue
    Eau Claire

    Room 618, State Office Building
    200 N. Jefferson Street
    Green Bay

    Room B29, State Office Building
    3550 Mormon Coulee Road
    LaCrosse

    Room 542, State Office Building
    819 N. 6th Street
    Milwaukee

    Room 3, DNR Regional Headquarters,     107 Sutliff Avenue
    Rhinelander

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Don Swailes at (608) 266-7093 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rules may be submitted by mail to Mr. Don Swailes, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 or by FAX to Mr. Swailes at (608) 267-7650 no later than January 15, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules [DG 45-00] and [DG 46-00] and fiscal estimates may be obtained from Mr. Swailes.

There is no state fiscal impact associated with these rule changes. However, the Environmental Protection Agency estimates that these changes will reduce the reporting burden for each public water system an average of 0.5 hrs. per year. The Department estimates the cost of administrative and recordkeeping activities for public water systems at approximately $25.00 per hour. There are about 2200 public water systems impacted by these rule changes. Therefore the total annual cost for all affected public water systems will be - $27,500. (2200 systems x $25.00 per hour x 0.5 hours).

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (a) and (e), Stats., and interpreting s. 450.02 (3) (a) and (e), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 7.01 (3), relating to supervising pharmacy interns.