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 (2) and (15) and 101.16, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter Comm 5, relating to retail liquefied gas suppliers and affecting small business.

The public hearing will be held as follows:

Date and Time:	Location:
November 4, 2008 1:00 p.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 contact through Wisconsin Relay 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.

Section 101.16, Stats., as affected by 2007 Wisconsin Act 203.

Sections 101.02 (1) and (15), and 101.16 (2), Stats., as affected by 2007 Wisconsin Act 203.

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. Under section 101.16, Stats., the Department has the responsibility for developing rules specifically for minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of liquefied petroleum gas systems.

Chapter Comm 40, Gas Systems

Chapter Comm 65, Fuel Gas Appliances

The proposed rules establish administrative procedures for licensing of liquefied gas suppliers as mandated by 2007 Wisconsin Act 203.

An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of liquefied gas suppliers.

An Internet-based search of liquefied petroleum gas suppliers in the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or programs regarding these types of grants.

The proposed rules were developed by reviewing the provisions under 2007 Wisconsin Act 203 in conjunction with the current licensing rules relating to businesses under ch. Comm 5.

The proposed rules implement the licensing mandates imposed by 2007 Wisconsin Act 203. The primary businesses affected by these licensing mandates are suppliers who fill propane gas cylinders. This would include bulk gas suppliers, cooperatives, hardware stores and camp grounds. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.

An economic impact report has not been required pursuant to s. 227.137, Stats.

The proposed rules implement the licensing mandates imposed by 2007 Wisconsin Act 203. The primary businesses affected by these licensing mandates are suppliers who fill propane gas cylinders. This would include bulk gas suppliers, cooperatives, hardware stores and camp grounds.

The Act under s. 101.16 (3r), Stats., requires the licensed gas suppliers to maintain proof of financial responsibility. The financial amounts vary with the type of tanks to be filled.

No other types of professional skills are necessary for compliance with the rules

No.

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 proposed rules implement the licensing mandates imposed by 2007 Wisconsin Act 203 relating to businesses which supply/fill liquid petroleum gas cylinders. The primary businesses affected by these licensing mandates would include bulk gas suppliers, cooperatives, hardware stores and camp grounds. The department estimates there would be 600 suppliers who would be required to obtain licenses. The department proposes to charge $60 for a license and $40 for a restricted license which would be limited to filling only DOT cylinders. The department also anticipates that a majority of the suppliers would obtain the restricted licenses. The department estimates that it would realize approximately $26,000 in revenue for the two-year licenses or $13,000 annually. The department anticipates that workload associated with this licensing can be absorbed within current resources and staff levels.

Increase existing revenues.

Increase costs - may be possible to absorb within agency's budget.

None

PRO

None 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 November 14, 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 contact through Wisconsin Relay. Copies will also be available at the public hearing.

James Quast, Program Manager, telephone (608) 266-9292 or Email at 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.