An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by Monday, February 5, 2001 either by writing to Lynn Miller, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone 608 224-4883) or by calling the Department TDD at 224-5058.

Under s. 95.195, Stats., and current DATCP rules, a seller warrants that cattle are free of Johne's disease at the time of sale unless the seller discloses to the prospective buyer the current Johne's disease herd classification of the source herd. Every herd of cattle has a Johne's disease herd classification.

A herd is automatically classified “maximum risk for Johne's disease" unless DATCP assigns a different herd classification based on an annual herd test. DATCP may assign one of several herd classifications, based on annual herd test results. An annual herd test is voluntary. A herd owner may arrange and pay for an annual herd test, and may ask the department to classify the herd based on the test results.

To obtain reimbursement, a herd owner must file a claim by February 1 of the year following the year in which the herd owner tests the herd. The herd owner must submit copies of bills that establish the amount of laboratory costs charged to the herd owner. DATCP will distribute available funds by June 30 (following the February 1 annual application deadline).

DATCP may reimburse all or part of an applicant's allowed claim, depending on available funding. If allowed claims exceed available funding, DATCP will pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.

SECTION 1. ATCP 10.21 (10) (c) is created to read:

ATCP 10.21 (10) (c) Eligibility for reimbursement. Notice that the herd owner may apply for reimbursement of testing costs, according to sub. (15).

SECTION 2. ATCP 10.21 (15) is created to read:

ATCP 10.21 (15) Reimbursement of annual herd test costs. (a) Eligibility. A herd owner who asks the department to classify a herd under sub. (3) based on an annual herd test performed under sub. (5) may apply for reimbursement of laboratory testing costs under sub. (7).

The department does not anticipate this emergency rule to have a significant fiscal effect. It is estimated that 2,400 herds will be classified over a 12 month period of which approximately 80% of the herd owners will file a reimbursement claim. Each claim is expected to require 20 minutes to review and complete data entry for payment. The total cost will be approximately $13, 200 ($12,600 for salary and fringe and $600 for postage). This time can be accommodated with existing staff and through reprioritization of work assignments in the office. There is no anticipated fiscal effect for local units of government.

This rule establishes standards for the grant program created by 1999 Wis. Act 9 to assist cattle owners in paying for Johne's disease testing. It will affect cattle owners who wish to obtain reimbursement for a portion of the costs incurred to test their herds for Johne's disease.

When a herd owner has his or her herd tested for Johne's disease and requests that the herd be classified on the basis of that test, the department will advise the herd owner that he or she is eligible to participate in the grant program. To participate in the grant program, the herd owner must file a claim no later than February 1 of the year following the calendar year in which the herd was tested. The owner must provide copies of bills from either the veterinarian or the laboratory to establish amount of laboratory costs incurred.

This claim filing process is the least onerous possible that is consistent with the state's need to audit and assure that grants are only given in appropriate amounts to eligible owners. The rule permits filing the claim anytime between the date their herd is classified and February 1 of the year after the testing is conducted. This allows significant flexibility for the animal owner.

It is not anticipated that the animal owner will need any significant professional skills to complete the claim form and become eligible for a grant under this rule.

Note: These hearings are being held in addition to hearings held in January because the Department proposes to make a variety of substantive changes to the order on which the January hearings were based. The substantive changes to the order result from final regulations issued by the U.S. Environmental Protection Agency (EPA) establishing standards for identifying lead-based paint hazards that are significantly different from those originally proposed by the EPA. The EPA regulations were issued on January 5, 2001. The Department's modifications to the previous proposed order are intended to comply with the final EPA regulations for determining the existence of lead-based paint hazards.

The public hearings will be held:

Chapter 254, Stats., provides for a comprehensive lead (Pb) hazard reduction program, including lead exposure screening, medical case management and reporting requirements, and the development of lead training accreditation and certification programs. Under the authority of ch. 254, Stats., the Department promulgated ch. HFS 163, Wis. Adm. Code, in 1988 to provide rules for the certification of individuals performing lead hazard reduction and for the accreditation of the courses that prepare individuals for certification. These rules have been revised over time to meet requirements of regulations issued by the U.S. Environmental Protection Agency (EPA).

Wisconsin met federal standards for a state-administered lead training accreditation and certification program and received EPA authorization effective January 27, 1999. The Department's Asbestos and Lead Section of the Bureau of Occupational Health administers and enforces lead-based paint training, certification and work practice provisions of ch. HFS 163, Wis. Adm. Code. The Section derives its revenues from two sources: various fees the Department assesses under this chapter; and lead program development grant monies the Department receives from EPA.

Under ch. HFS 163, a person offering, providing or supervising lead-based paint activities for which certification is required must be certified as a lead company and may only employ or contract with appropriately certified individuals to perform these activities. Effective December 1, 2000, the Department revised the training accreditation and certification requirements of the rule by emergency order. An individual may apply for certification in the following disciplines: lead low-risk worker, low-risk supervisor, high-risk worker, contractor supervisor, hazard investigator, inspector, risk assessor, project designer and sampling technician. For initial certification, the individual must be 18 years of age or older, must meet applicable education and experience qualifications, must successfully complete certification training requirements and, to be certified as a lead hazard investigator, inspector, risk assessor, low-risk supervisor or contractor supervisor, must pass a certification examination. In addition, the Department must accredit the lead training courses that prepare persons for certification.

The U.S. Environmental Protection Agency has issued final regulations establishing standards for identifying lead-based paint hazards under the authority of section 403 of the federal Toxic Substance Control Act. These regulations were published in the January 5, 2001, Federal Register. These new national standards are more protective than previous EPA guidance and will, for the first time, provide homeowners, school and playground administrators, childcare providers and others with standards to protect children from hazards posed by lead, including children in federally-owned housing.

Under these new standards, federal agencies, including Housing and Urban Development, as well as state, local and tribal governments will have new uniform benchmarks on which to base remedial actions taken to safeguard children and the public from the dangers of lead. These standards will also apply to other Federal lead provisions, such as EPA's real estate disclosure requirements presently in place for people selling or renting a home or apartment. These hazard standards will also serve as general guidance for other EPA programs engaged in toxic waste cleanups. In addition, these standards will provide landlords, parents, and childcare providers with specific levels on which to make informed decisions regarding lead found in their homes, yards, or play areas.

A copy of the revised proposed rules are available to view and download at the Department's website:

http://www.dhfs.state.wi.us/News/Rules/Proposed_Final_Rules/Proposed_Rule_Index.htm

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 telephone shown above. Persons requesting a non-English or sign language interpreter should contact the person at the address and telephone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed revision to proposed rules received at the previously stated address no later than March 2, 2001, will be given the same consideration as testimony presented at the hearing.

The proposed revisions to the previously proposed order repealing and recreating Chapter HFS 163 will not alter the fiscal effect on state or local government, so the existing fiscal estimate for the proposed order still applies and is repeated from the previous hearing notice below.

The Department expects that owners of the approximately 500,000 rental units in Wisconsin built before 1978 to be the primary purchasers of certificates of lead-free status or lead-safe status to be issued under the proposed rule. It further expects that about 50% of these properties will be eligible for a certificate of lead-free and 50% for a certificate of lead-safe. A certificate of lead-free status costs $50 and is issued for an indefinite term. The Department anticipates that 10,000 certificates of lead-free status will be issued annually. A certificate of lead-safe status costs $25 and is issued for terms that vary from 9 months to 7 years. The Department anticipates that 8,000 certificates of lead-safe status will be issued or renewed each year. Therefore, the Department estimates an annual total of $700,000 in program revenues from the issuance of lead-free and lead-safe certificates. In addition, the proposed rule contains various fees for certification of individuals and companies, accreditation of training courses, and approval of principal instructors. The Department estimates that the proposed rule will increase revenues for these various by $206,400 annually. Contact Gail Boushon, Regulatory Specialist with the Asbestos and Lead Section to obtain a copy of the spreadsheet showing the breakdown of the estimated revenues.

The Department anticipates the total annual cost of administering the program to be $736,600. It estimates that 9.5 FTE will be necessary to administer the program at an estimated annual cost of $551,595. Of the 9.5 FTE, 4.5 FTE are transferred from existing DHFS programs and 5.0 FTE are authorized under 1999 Wisconsin Act 113. In addition, the Department anticipates other annual costs in the amount of $185,000. These costs include $50,000 to maintain the database of certificates, $120,000 laboratory costs for processing paint chip and dust wipe samples taken to verify eligibility for a certificate, and $15,000 for printing, postage and other services and supplies.

The proposed lead-based paint hazard standards may affect small businesses that own residential rental property if the property is determined to be free of lead-based paint hazards. However, property owned by small businesses is not required by State regulations to be free of lead-based paint hazards unless a lead-safe certificate is sought for the property under the proposed order repealing and recreating Chapter HFS 163. The federal regulations under 40 CFR 745, Subpart D establish a minimum national standard for determining what is a lead-based paint hazard. A State that administers a lead training and certification program under federal authority may not promulgate rules specifying standards more lenient than the federal standards. If the State does not implement standards that meet the federal minimum, the U.S. EPA must enforce the federal standards under 40 CFR 745, Subpart D. The proposed revisions to the lead-based paint hazard standards will not create additional training, certification, accreditation, reporting or recordkeeping requirements. Therefore, the initial regulatory flexibility analysis issued with the previous hearing notice still applies and is repeated below.

The rule will affect small businesses as defined in s. 227.114 (1) (a), Stats. There are 286 certified lead companies in Wisconsin, of which at least 80% have fewer than 25 employees. There are 5 providers of training courses. Four of the training providers are companies and one is operated by a labor union. In addition, the proposal includes an option for property owners to obtain a certificate of lead-free status or lead-safe status in exchange for immunity from liability when a child is lead poisoned. The standards and certificates of lead-free status and lead-status will affect rental real estate owners who elect to participate. Many of these owners could be classified as small businesses. Therefore, the Department developed the rule only after careful consideration of the cost and administrative burden to affected parties.

In proposing standards that must be met in order for a real estate owner to receive a certificate of his or her building being lead-free or lead-safe, the Department continually weighed the cost to achieve or maintain a standard against the risk of a child being lead poisoned.

Training for certification was established in modules that allow easy movement to higher discipline levels after completing additional training without having to repeat information. This reduces the required initial amount of time and money, before a person may be sure of his or her commitment, and reduces barriers to upward movement within the lead industry.

Minimum reporting requirements will be placed on trainers and lead professionals. The Department considers the information proposed to be required of property owners minimally essential for awarding certificates of lead-free or lead-safe to a structure's owner. Such certifications form the basis for the owner's immunity from liability. Therefore, reporting requirements cannot be reduced for “small businesses."

Those provisions of ch. NR 415 being repealed pertain to schedules for a facility to achieve compliance with the particulate emission limiting requirements for a nonattainment area. These deadlines have passed, and any future TSP nonattainment designations will be accompanied by rule changes that will include compliance schedules. The new s. NR 415.035 contains the description of the specific geographic areas where the particulate matter emission limiting requirements currently applicable to nonattainment areas would continue to be in effect The areas described are identical to the current TSP nonattainment areas.

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:

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: