(b) Recipients shall maintain the device when the warranty expires.

(c) Recipients shall purchase batteries, paper for the printer, and other general supplies necessary for operation of the device.

(3) OWNERSHIP OF DEVICES. Any telecommunication device purchased through TAP shall be the property of the recipient.

The proposed rule makes the following changes to the TAP program:

1. Reduce the waiting period for subsequent applications from 4 years to 3 years to be compatible with the PSC's TEPP program.

2. Remove the limit on the number of eligible applicants per household.

3. Reduce the existing assistance limit of $600 per voucher to a maximum of $100 per voucher, to be used in meeting the $100 copayment requirement of the TEPP program.

4. Eliminate financial assistance for the installation of telecommunications equipment.

The TAP program has a sum-certain budget of $80,000 GPR. While the rule changes may affect the number of people served in the program and the amount paid to each client, the changes will not increase or decrease total expenditures for the program.

The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.

Notice is hereby given that, pursuant to ss. 254.167, 254.172, 254.179 (1) (a) and (2), and 227.24(1), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of ch. HFS 163, Wis. Admin. Code, relating to the abatement of lead-contaminated soil and the standards defining lead-based paint hazards, and the emergency administrative rules taking effect on the same subject on January 3, 2003. The rules interpret ss. 254.167, 254.172 and 254.179, Stats.

The public hearing site is fully accessible to people with disabilities. Parking that accommodates people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp, or in the Government East (Doty Street) Parking Ram, which is accessible from Pinckney Street and Wilson Street. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.

The presence of lead in paint and soil is believed to contribute to the level of lead found in the blood of persons, particularly children, living in the area. The federal Environmental Protection Agency (EPA) maintains regulations intended to reduce environmental lead hazards principally by:

• Specifying the thresholds for an environment to be considered as presenting a lead-based paint hazard; and

• Requiring training and certification of persons who perform lead hazard reduction activities or lead investigation activities so those persons are best able to prevent exposure of building occupants to hazardous levels of lead.

The federal government may authorize a state to administer its own lead training and certification program if the state has regulations governing certification of persons for the identification, removal and reduction of lead-based paint hazards that are as protective as those specified in the EPA regulations.

In Wisconsin, the Department of Health and Family Services administers the lead training and certification program. The Department has established administrative rules under ch. HFS 163 to guide its administration of the program. In 2000, the Department began work to extensively revise ch. HFS 163 to implement 1999 Wisconsin Act 113, which established a program for registering lead-free and lead-safe properties. The proposed rule was released for public review and comment on December 12, 2000. On January 5, 2001, in volume 66, number 4 of the Federal Register (66 FR 1206-1239), the EPA published regulations that established standards for lead-based paint hazards under 40 CFR Part 745, Subparts D and L, and required states with authorized lead training and certification programs under 40 CFR Part 745, Subpart Q, to implement the regulations by February 5, 2003. Because the proposed rule had already been released for public review and comment, and the EPA standards for lead-based paint hazards would affect the lead-safe property standards under ch. HFS 163, the Department decided to educate the public about the new EPA standards for lead-based paint hazards before revising the rule to reflect the new EPA standards. If Wisconsin is to continue administering its program of training and certification of persons performing lead abatement and lead investigation activities (in lieu of a program operated by the EPA), the Department must revise ch. HFS 163 to comply with those most recent and final federal regulations at 40 CFR Part 745, Subparts D, L and Q.

The most significant proposed modification to the rules pertains to the permissible level of residual lead dust in window troughs. The current lead-safe property standards expressed under s. HFS 163.42 allow a higher level of lead dust in window troughs than is permissible in corresponding EPA regulations and also do not require properties to be free of soil-lead hazards. Making the changes to s. HFS 163.42 the Department proposes will mean that persons removing lead-based paint hazards may need to clean window troughs more thoroughly to reduce the dust-lead levels and also may need to cover bare soil. Most lead investigation professionals in Wisconsin already perform lead investigation work in conformance with the more stringent lead levels specified in EPA's regulations to ensure a more protective environment for residents, especially when conducting clearance following abatement activities. Conformance with the more stringent EPA regulations is also currently required when lead hazard reduction work is performed using federal funds. Since most lead investigation professionals already use the more protective EPA standards, the proposed rule revisions should have little effect on persons conducting lead investigation or abatement activities.

Among the changes the Department is proposing through this order, the most significant are the following:

1. Currently, s. HFS 163.14 (1) (g) only describes the protocol that applies when soil abatement is conducted by removal of soil. To comply with federal regulations, the Department proposes to specify the protocol that must be followed when soil abatement is conducted by covering the soil. Temporary lead hazard reduction of soil-lead, such as covering bare soil with vegetation or landscaping materials, remains an option but is not addressed in regulation.

2. Currently, s. HFS 163.14 (5) (c) 8. requires that, following lead abatement, a window well or trough may contain no more than 800 micrograms of lead dust per square foot. The revised EPA regulations specify a maximum level of 400 micrograms per square foot. To comply with federal regulations, the Department proposes to reduce the permissible threshold to 400 micrograms per square foot.

3. Currently, s. HFS 163.15 (2) specifies that a lead hazard is present in soil when the arithmetic mean for laboratory results for samples of bare soil is equal to or greater than 2,000 parts per million. The EPA revised regulations state that a lead hazard is present in soil when bare soil in a play area contains total lead content equal to or exceeding 400 parts per million or when bare soil in the rest of the yard contains an average of 1,200 parts per million of lead. To comply with the federal regulations, the Department proposes to reduce the permissible threshold to that specified by the EPA.

4. The Department proposes adding standards, as s. HFS 163.15 (3), for determining when a lead-based paint hazard exists.

5. The Department proposes modifying s. HFS 163.42 (1) (b) and (c) to require that all exterior painted components, regardless of their height above the ground, be free of deteriorated paint unless the paint is proved to be lead-free.

6. The Department proposes to revise its standards for lead-safe property under s. HFS 163.42 (1) (f) and (j) to reflect these lower levels for lead in dust and soil.

7. Finally, the Department proposes to revise s. HFS 163.42 (1) (j) to require that there be no soil-lead hazard on registered lead-safe property.

The proposed rule revisions do not require any governmental entity to perform an activity; they simply revise the standards that define lead-based paint hazards in bare soil and in dust found in window troughs.

These rules apply when certified lead investigation professionals determine whether a pre-1978 property contains lead-based paint hazards. This determination may affect the owners of pre-1978 housing when remediation of lead-based paint hazards is ordered or when provisions under s. 254.171, Stats. apply. Under s. 254.171, Stats., a property owner must obtain a lead-free certificate or lead-safe certificate for the affected dwelling unit when the property owner receives written notice that a child under 6 years of age residing at the property has an elevated blood lead level.

Remediation of lead-contaminated bare soil or additional cleaning of the interiors of dwellings may be required to comply with the standards in these rules. Because remediation of bare soil can be accomplished by covering the soil with vegetation or landscaping material, the fiscal impact to property owners is expected to be minimal.

The rules were reviewed by the Lead Technical Advisory Committee, which approved them as submitted. Because the amendments are required to comply with regulations of the U.S. Environmental Protection Agency, alternatives were not considered.

To find out more about the hearing, to request a copy of the emergency rule, proposed rule or fiscal estimate, or to submit written comments, write, phone or email:

Gail Boushon, Administrative Unit Supervisor

Asbestos and Lead Section

Room 137, 1 West Wilson Street

P.O. Box 2659

Madison WI 53701-2659

Telephone: (608)267-2289, or 266-1511 (TTY) if you are hearing impaired

Fax: (608) 266-9711

Email: boushga@dhfs.state.wi.us

The emergency rule and proposed permanent upon which the Department is soliciting comments and which will be the subject of this hearing are posted on the Internet at the Department's administrative rules website at: http://www.dhfs.state.wi.us/News/Rules/Emergency_Rules/Emergency_Rules.htm

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

If you are hearing or visually impaired, are not English-speaking, 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 above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed rules received at the above address no later than April 11, 2003, will be given the same consideration as testimony presented at a hearing.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Hearing and Speech Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 459.22 (1) (e), 459.24 (3m) and 459.34 (2), Stats., the Hearing and Speech Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s. HAS 6.14 (1) (a) 2. a. to d., 3. (intro); to renumber and amend s. HAS 6.14 (1) (a) 4.; to amend chs. HAS 2 (title), HAS (3) (title), HAS 4 (title) and HAS 5 (title), s. HAS 6.14 (1) (a) 1. and 2., (1) (b) 5. and 11., (2) (a) 2., (3) (a) (intro.) and 4.; to create ss. HAS 6.02 (4g) and (5g), 6.14 (1) (b) 13., 14. and 15., 6.18 (2) (d), (e) and (f), (3) (y), relating to definitions, grounds for discipline and minor and technical changes.

Date:   March 28, 2003

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  179A

  Madison, WI

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 11, 2003 to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statutes interpreted: ss. 459.22 (1) (e), 459.24 (3m) and 459.34 (2), Stats.

In this proposed rule-making order, the Hearing and Speech Examining Board amends numerous provisions contained in ch. HAS 6, including the definition of “assist in the practice of speech-language" under s. HAS 6.14 (1) (a), and the definition of “direct supervision of unlicensed individuals" (by speech-language pathologists) under s. HAS 6.14 (3) (a).

In addition, a definition is being created in s. HAS 6.02, to define “full terms of sale" and “personal guarantee." The board is also creating several additional grounds for discipline of audiologists and speech-language pathologists in s. HAS 6.18.

Additional minor and technical changes are being made to the rules for purposes of clarity, grammar, form, style and placement in the administrative code.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.