Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect groundwater-sampling results related to atrazine obtained during the past year. Renumber and reorganize current rule, as necessary.

DATCP must regulate the use of pesticides to assure compliance with groundwater standards under ch. 160, Stats. Groundwater standards are established by the Department of Natural Resources under ch. NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3 mg/liter for atrazine and its chlorinated metabolites.

DATCP must prohibit atrazine uses that result in groundwater contamination levels that exceed the DNR enforcement standard under s. 160.25, Stats. DATCP must prohibit atrazine use in the area where groundwater contamination has occurred unless DATCP determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.

Currently, under ch. ATCP 30, Wis. Adm. Code, the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices, including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s. 160.25, Stats.

Over the next year, DATCP may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with ch. 160, Stats., DATCP must take further action to prohibit or regulate atrazine use in the areas where these wells are located. DATCP proposes to amend ch. ATCP 30, Wis. Adm. Code to add or remove prohibition areas or take other appropriate regulatory action in response to any new groundwater findings.

No Change. If DATCP takes no action, current rules will remain in effect. However, DATCP would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet DATCP's statutory obligations.

DATCP proposes to revise ch. ATCP 30, Wis. Adm. Code, under authority of ss. 93.07, 94.69, and 160.19 through 160.25, Stats.

DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes investigation, drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.

The Wisconsin Department of Health and Family Services proposes to amend ch. HFS 148, rules relating to the cancer drug repository program.

2005 Wisconsin Act 16 amended s. 255.056, Stats, the Cancer Drug Repository. 2005 Wisconsin Act 16 requires the Department to amend ch. HFS 148, which currently applies only to the drugs and supplies used to treat cancer. The proposed rules will amend ch. HFS 148, to extend applicability of the chapter to drugs and supplies used to treat chronic diseases.

Act 16 expands the Cancer Drug Repository to allow individuals to donate chronic disease drugs or supplies that meet specific requirements to a repository to be dispensed to eligible persons with cancer or other chronic diseases. In doing so, the program will eliminate the potential waste of drugs and supplies due to changes in physician orders or patient death.

Pursuant to section 10 of 2005 Wisconsin Act 16, the Department is required to submit proposed rules to the Legislative Council Rules Clearinghouse no later than June 1, 2006.

The Department's authority to promulgate these rules is under s. 255.056 (7), Stats.

The Department estimates it will take 40 hours of staff time to draft the rules.

The proposed rules are affected by 21 CFR 200-299, 21 CFR 1300-1302, and 21 CFR 1304-1308. These regulations constitute the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) regulations that will affect the type of medications that can to be donated to the cancer drug repository.

Objective of the rule. The Department seeks to modify the county transportation services grant program rules by allowing the use of actual miles driven during a 12 month period or an estimate of miles driven, depending upon the circumstances in that county.

The Department administers a county transportation services grant program under s. 45.83, Wis. Stats. Under the statute, counties that are not provided transportation services by the Wisconsin department of Disabled American Veterans are eligible to receive a grant from the Department. Initially, in an attempt to provide counties an incentive to develop and expand transportation services for veterans, the rules required the use of prospective, estimated mileage for the upcoming calendar year in the grant calculation. At this time, numerous counties have established a record of providing such services. Accordingly, it is now appropriate to calculate grants based upon either actual miles driven during a designated annual period or prospective estimates, depending upon the circumstances. The proposed amendment will establish the criteria for the use of actual or estimated mileage, which may include a redefinition of the relevant annual period.

Section 45.83 (2), Wis. Stats.

Approximately 20 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.

The rule will affect applicants for grants under the county transportation services grant program.

The county transportation services grant program is administered under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.