The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules revising Chapter ATCP 30, relating to expanding and joining two current atrazine prohibition areas near Poynette in Columbia County.

DATCP will hold the public hearing at the time and location shown below.

Date and Time	Location
October 23, 2008 Thursday 3:00 p.m. to 5:00 p.m. and 6:00 p.m. to 8:00 p.m.	MacKenzie Environmental Center Badger Den Conference Rm. W7303 Co. Hwy CS Poynette, WI 53955

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by October 16, by writing to Claire Fried, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, Claire.Fried@wisconsin.gov, telephone (608) 224-4523. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.

In order to protect Wisconsin groundwater, the Department of Agriculture, Trade and Consumer Protection (“DATCP") administers rules that limit atrazine herbicide application rates throughout the state, and prohibit atrazine applications in areas where groundwater contamination levels attain or exceed state enforcement standards adopted by the Department of Natural Resources. Based on new groundwater test data, this rule will expand and join two current atrazine prohibition areas in Columbia County.

Sections 94.69, 160.19 (2), and 160.21 (1), Stats.

Sections 93.07 (1), 94.69 (1), 160.19 (2), and 160.21 (1), Stats.

DATCP has broad authority, under s. 93.07(1), Stats., to adopt rules to implement programs under its jurisdiction. DATCP has authority to adopt pesticide rules under s. 94.69(1), Stats. Under ss. 160.19(2) and 160.21(1), Stats., DATCP must regulate pesticide use, as necessary, to prevent groundwater contamination and restore groundwater quality.

Under the state groundwater law, ch. 160, Stats., DATCP must regulate pesticide use as necessary to prevent groundwater contamination and restore groundwater quality. DATCP has adopted general rules for its groundwater protection program under ch. ATCP 31, Wis. Adm. Code. DNR has adopted groundwater enforcement standards and preventive action limits for atrazine and its metabolites under NR 140, Wis. Adm. Code.

This rule is consistent with the state groundwater law (ch. 160, Stats.) and DATCP's general groundwater protection rules (ATCP 31), and is designed to attain compliance with the groundwater enforcement standards and preventive action limits specified by DNR rules (NR 140).

Atrazine is a widely used agricultural herbicide that has been found in groundwater throughout the state. Current DATCP rules under ch. ATCP 30, Wis. Adm. Code, limit atrazine application rates throughout the state to ½ the current federal label rate. The current rules also prohibit the use of atrazine where atrazine contamination of groundwater has attained or exceeded the state groundwater enforcement standard under ch. NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 102 designated areas, including major prohibition areas in the lower Wisconsin River Valley and much of Dane and Columbia counties.

Based on new groundwater sampling data, this rule expands and joins two current atrazine prohibition areas in Columbia County. The expansion will increase the total statewide acreage of atrazine prohibition areas by approximately 1,830 acres. By joining two prohibition areas, this rule will reduce the total number of prohibition areas from 102 to 101. This rule includes maps describing the revised prohibition areas.

Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface that complies with s. ATCP 29.45, Wis. Adm. Code.

Pesticides and pesticide labels must be registered with the federal Environmental Protection Agency (“EPA"). Persons may not use pesticides in a manner inconsistent with the federal label.

The maximum atrazine application rate in Wisconsin is ½ of the maximum federal rate. However, the current federally-registered atrazine label suggests that atrazine should not be used on permeable soils with groundwater near the soil surface. Wisconsin has clear, definite restrictions on atrazine use, based on actual findings of groundwater contamination in this state.

EPA is proposing federal rules that would require states to have pesticide management plans for pesticides that have the potential to contaminate groundwater. Wisconsin's current regulatory scheme for atrazine pesticides would likely comply with the proposed federal rules.

Wisconsin atrazine regulations are stronger than those in adjacent states:

This rule is based on groundwater sample results for atrazine and atrazine metabolites obtained from the affected areas during the past year. Groundwater samples contained atrazine contamination in excess of 3.0 ug/L (the state enforcement standard established by DNR groundwater rules under ch. NR 140, Wis. Adm. Code).

Preliminary contamination findings were based on groundwater samples analyzed by the University of Wisconsin – Stevens Point. DATCP confirmed the existence of groundwater contamination, in excess of the state enforcement standard, based on DATCP analysis of groundwater samples collected by DATCP. DATCP collected and analyzed the samples using official collection and analytical methods.

This rule will affect four or five farmers, in the expanded prohibition areas, who currently use atrazine to control weeds in corn. Those farmers, who are “small businesses," will no longer be able to use atrazine. However, other effective weed control products are available, so the rule will not have a significant impact on the affected farmers. This rule may also have a slight impact on distributors and applicators of atrazine herbicides, crop consultants and equipment dealers, but the impact will not be significant.

This rule will not have a significant adverse impact on small business, and is not subject to the delayed small business effective date provided in s. 227.22 (2) (e), Stats.

Administration and enforcement of this rule will involve some new costs for DATCP. Staff time will be needed to monitor compliance (0.1 FTE, cost approximately $7,800). Compliance monitoring will be coordinated with current compliance monitoring activities. Soil sampling and testing may be used to monitor compliance, and may require an estimated $1,000 in analytical services.

Total costs are estimated at $8,800. DATCP expects to absorb these costs within its current budget. There will be no additional costs to any other state agencies or local governments.

DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until November 7, 2008 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email to Rick.Graham@wisconsin.gov or online at https://apps4.dhfs.state.wi.us/admrules/public/Home.

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.

You may obtain free copies of the proposed rule 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 may also obtain copies by calling (608) 224-4502 or emailing Rick.Graham@wisconsin.gov. Copies will also be available at the hearing. To view the proposed rule online, go to: https://apps4.dhfs.state.wi.us/ admrules/public/Home.

Questions and comments related to this rule may be directed to:

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15), 101.149, and 101.63 (1), Stats., the Department of Commerce will hold a public hearing on proposed permanent rules and emergency rules under Chapters Comm 21 and 62 relating to carbon monoxide alarms and affecting small business.

The public hearing will be held as follows:

Date and Time:	Location:
October 14, 2008 10:00 a.m.	Conference Room 3B Thompson Commerce Center 201 W. Washington Avenue Madison

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Sections 101.02 (15) and 101.63 (1), Stats., and s. 101.149, Stats., as created by 2007 Wisconsin Act 205.

Sections 101.02 (1) and (15) (a) and 101.63 (1), Stats., and s. 101.149, Stats., as created by 2007 Wisconsin Act 205.

Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, use and maintenance of public buildings and places of employment and adopts rules that establish uniform, statewide standards for the construction of 1- and 2-family dwellings. 2007 Wisconsin Act 205 specifically directs the Department to address carbon monoxide alarms involving these types of buildings.

Statutes: Section 101.12 (1), Stats.

Administrative Rules: Chapters Comm 60 to 66, Wisconsin Commercial Building Code, and Chapters Comm 20 to 25, Uniform Dwelling Code.

The rules establish minimum requirements for the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes, that reflect the statutory mandates of 2007 Wisconsin Act 205. Specifically, the rules would:

The rules require carbon monoxide alarms to be listed and labeled identifying conformance to UL 2034, Underwriters Laboratories Inc, Standard for Safety Single and Multiple Station Carbon Monoxide Alarms.

Under the federal Americans with Disabilities Act, ADA, and the federal Fair Housing Law certain carbon monoxide alarms may be required to have both audible and visual alarm features.

Owners of existing tourist rooming houses will need to install and maintain carbon monoxide alarms in accordance with s. 101.149 (2) and (3), Stats., by April 1, 2010.

An internet-based search of code of federal regulations and the federal register did not identify any federal requirements for the installation and maintenance of carbon monoxide alarms in residential buildings.

An Internet-based search of carbon monoxide alarm regulations for the states of Illinois, Iowa, Michigan and Minnesota found the following:

In developing the rules the Department reviewed the language of 2007 Wisconsin Act 205 in conjunction with the Department's broad authority under ss. 101.02 (15) and 101.63 (1), Stats., to protect public health and safety regarding the construction of public buildings, places of employment and one- and two- family dwellings to be used as tourist rooming houses. The current administrative rules for the installation of fire alarms (smoke detectors) were used as a model for these proposed rules pertaining to carbon monoxide alarms. The Department also analyzed the complexities of compliance under several scenarios where fuel burning appliances are added or replaced during the life of the building, such as residential condominiums.

The proposed rules implement mandates imposed by 2007 Wisconsin Act 205. The Act affects the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, bed and breakfast establishments, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, and home shelters. The department does not believe that the rules will increase the effect on small businesses over that imposed by the Act. Battery or plug-in type carbon monoxide alarms typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup ranges in from $65 to $85 and $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. Smoke alarms are currently required for residential occupancies. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.

An economic impact report has not been required to be prepared.

The rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by applicants who choose to pursue tax credits for dairy manufacturing modernization or expansion activities.

The proposed rules implement mandates imposed by 2007 Wisconsin Act 205 regarding the installation and maintenance of carbon monoxide alarms. The Act affects the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, home shelters and bed and breakfast establishments.

There are no new reporting, bookkeeping and other procedures necessary for compliance with the rules.

There are no new types of professional skills necessary for compliance with the rules.

No.

The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

The rules implement mandates imposed by 2007 Wisconsin Act 205 regarding the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes. The rules will not increase the department's revenue or cost with respect to administration or enforcement over that imposed by the Act.

The Act and the rules affect the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, home shelters and tourist rooming houses (rental cabins). The department does not believe that the rules will increase the effect on owners over that imposed by the Act. Battery or plug-in type carbon monoxide detectors typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup ranges in cost from $65 to $85 and $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.

None.

None.

PRO

No long-range fiscal implications are anticipated.

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until October 24, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

James Quast, Program Manager, (608) 266-9292 or email jim.quast@wisconsin.gov.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at carol.dunn@wisconsin.gov.

NOTICE IS HEREBY GIVEN that pursuant to ss. 26.30 (6m) and 227.11 (2), Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter NR 47, subch. IX, relating to the gypsy moth suppression program.

The hearings will be held on:

October 14, 2008 Tuesday - 7:00 p.m.	Video conference participation will be available at:
	Old Library 1122, UW-Eau Claire 105 Garfield Avenue, Eau Claire
	Room IS1034, UW-Green Bay 2420 Nicolet Drive, Green Bay
	Room 227, Pyle Center 702 Langdon Street, Madison

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 Dr. Andrea Diss-Torrance at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.

Sections 26.30, 28.01 and 28.07, Stats.

Sections 26.30 (6m) and 227.11 (2), Stats.

The purpose of this rule is to revise the existing procedures for participation by landowners through counties in a voluntary, cooperative state suppression program for outbreaks in Wisconsin of a foreign pest, the gypsy moth. The suppression program includes an aerial insecticide treatment program (administered in partnership with the Department of Agriculture, Trade and Consumer Protection) and administration of federal cost sharing for participants in that treatment program.

Gypsy moth is not native to Wisconsin but has become established in many counties of the state. Where this pest is established, it goes through periodic outbreaks in which the population of gypsy moth explodes and forests can be stripped of leaves in late June. The stress of heavy defoliation can cause the death of some trees and leaves surviving trees weak allowing attack by other pests and diseases. When outbreaks occur, the public typically becomes concerned and looks for ways to reduce the population of gypsy moth to tolerable levels. Treatments to kill large numbers of the pest can be expensive, at times damaging to our native insects and other animals, or even dangerous to the landowner when pesticides are not used according to directions. The department- organized suppression program provides the public with a safe, effective and affordable means to prevent damage to their trees.

The suppression program is offered to landowners through counties. Participating counties provide a coordinator who serves as the contact for the public. The existing rule defines the tasks that will be performed by the participating counties, how to apply for the program, criteria of eligible areas for treatment and cost sharing under the program and eligible costs that can be shared in the federal cost sharing program. This revision of that rule will change the eligibility requirements of the state program to comply with those of the federal program. The revision also includes housekeeping changes which will improve the program's efficiency and accommodate the needs of the participating counties.

The USDA Forest Service under the Cooperative Forestry Assistance Act of 1978 (appendix A) as amended (P.L. 95-313) and the 1990 Farm Bill offers a cost sharing program to states for the suppression of gypsy moth outbreaks. Their objective is to assist state agencies in protecting forest resources by preventing defoliation in residential, recreational and timber production lands. Cost share is made available to state cooperators who have established an acceptable integrated pest management strategy for the gypsy moth as determined by the Forest Service. The cost share from the Forest Service can be used to pay for the treatment and preparatory work for the treatment including monitoring, administration, and public notification. The current maximum federal share of project costs is 50%. The Forest Service cost-share rate, however, may be adjusted downwards to meet annual federal budget limitations. The Forest Service requires that the treatments that receive cost sharing be voluntary and are eligible by the minimum criteria decided by the Forest Service.

Of the adjacent states, only Michigan has a suppression program for gypsy moth. The Department of Agriculture takes it's authority to run the suppression program from the Insect Pest and Plant Disease Act 189 of 1931. There are no legislative rules governing the Michigan suppression program, however. Like Wisconsin's program, Michigan receives cost sharing from the USDA Forest Service so requirements described above apply to both. The two states suppression programs are similar in many ways though in Wisconsin all land uses are allowed to apply to the program and there is no prioritization of treatment for different land uses as there is in the Michigan program.

Not applicable to this rule as it is not regulatory.

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state. wi.us or by calling (608) 266-1959.

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.

State fiscal effect. Counties that administer the application for the Department-owned properties have the option of charging the Department for this service. Therefore, allowing for direct application to the suppression program will enable the Department to avoid charges that it would ordinarily have to pay to a county for administering the application, resulting in an indeterminate reduction in Department costs.

Local fiscal effect. To the extent that a county has no other applicants to the suppression program other than Department-owned properties, this rule change will save some counties the expense of providing the administrative services, resulting in an indeterminate reduction in county costs.

Anticipated costs to private sector. The program is a voluntary one and is only done at resident's request or agreement so we do not expect any involuntary expenses. We expect that this program will provide cost savings for private businesses facing losses from damage to their property by gypsy moth. Private businesses may apply to the suppression program for treatment as can any other resident or community. The program provides access to a cost-effective aerial spray treatment that may not be available in that area and also provides cost sharing from the federal government reducing costs for participants.

Assumptions used in arriving at fiscal estimate. The proposed rule allows Department-owned properties to apply directly to the gypsy moth suppression program instead of requiring them to apply through a county.

Indeterminate - decrease costs.

Indeterminate - decrease permission costs.

Counties

SEG

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Dr. Andrea Diss-Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 17, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Dr. Diss-Torrance.