This rule is consistent with the state groundwater law (ch.
160, Stats.) and DATCP's general groundwater protection rules (ch.
ATCP 31, Wis. Adm. Code), and is designed to attain compliance with the groundwater enforcement standards and preventive action limits specified by DNR rules (ch.
NR 140, Wis. Adm. Code).
Background
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 101 designated areas, including major prohibition areas in the lower Wisconsin River Valley and much of Dane and Columbia counties.
Rule content
Based on new groundwater sampling data, this rule creates one new atrazine prohibition area in Sauk County and expands and joins two existing atrazine prohibition areas in Columbia County. The total statewide acreage of atrazine prohibition areas will increase by approximately 8,640 acres. By creating one new atrazine prohibition area in Sauk County and expanding and joining two existing atrazine prohibition areas in Columbia County, there will be no change to the total number of atrazine prohibition areas in Wisconsin, which remains at 101.
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.
Comparison with federal regulations
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 clearer, more definite restrictions on atrazine use, based on actual findings of groundwater contamination in this state.
The EPA recently announced that it will conduct a new evaluation of atrazine to assess any possible links between atrazine and cancer, as well as other health problems, such as premature births. The EPA may determine that new restrictions for the product are necessary, which will be reflected on product use labels. These rule changes are not anticipated to be affected by EPA's review and any subsequent actions.
Comparison with rules in adjacent states
Wisconsin atrazine regulations are stronger than those in adjacent states:
Iowa:
Iowa restricts atrazine application rates to 1/2 the federal label rate in 23 counties (7 with county-wide restrictions and 16 with restrictions in some townships).
Minnesota:
Minnesota has a program of voluntary use limitations when surface water or groundwater contamination exceeds a level of concern. This program suggests pesticide use restrictions or “best management practices" will reduce surface water or groundwater contamination.
Illinois and Michigan:
Illinois and Michigan have no atrazine regulations.
Summary of data and analytical methodologies
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 for the atrazine prohibition expansions 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.
Environmental Impact
This rule will not have any adverse environmental impacts, and will help to protect and restore groundwater quality in Sauk and Columbia counties. This rule is consistent with the state groundwater law, and with the overall protocol for atrazine regulations that has been in effect since 1991.
Small Business Impact
This rule will affect between 20 to 30 farmers in the new and 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 effect on the affected farmers. This rule may also have a slight effect on distributors and applicators of atrazine herbicides, crop consultants and equipment dealers, but the effect 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.
Small business regulatory coordinator
Keeley Moll
Wisconsin DATCP
Division of Agricultural Resource Management,
2811 Agriculture Drive, P.O. Box 8911,
Madison, WI 53708
Telephone: (608) 224-5039.
Fiscal Estimate
Administration and enforcement of this rule will involve some new costs for DATCP. Staff time will be needed to monitor compliance (0.1 FTE, costing 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 $2,000 in analytical services.
Total costs are estimated at $9,800. DATCP expects to absorb these costs within its current budget. There will be no additional costs to any other state agencies or local governments.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Rick Graham, DATCP
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4502
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
NOTICE IS HEREBY GIVEN that pursuant to section
560.205 (3) (d) of the Statutes, the Department of Commerce will hold a public hearing on proposed rules in Chapter
Comm 129, relating to tax credits for angel investments and early stage seed investments, and affecting small businesses.
Hearing Information
Date and Time:
|
Location:
|
Monday
October 11, 2010
2:00 p.m.
|
Thompson Commerce Center Third Floor, Room 3B
201 West Washington Avenue
Madison, WI
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through 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.
Submittal of written comments
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, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until
October 13, 2010, 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. E-mail comments should be sent to
sam.rockweiler@wi.gov. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Proposed Rule
Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at
sam.rockweiler@wi.gov, or at telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department. Section
560.205 (3) (d) directs the Department to promulgate rules for administering the corresponding statutory requirements for angel investment tax credits and early stage seed investment tax credits.
Related statute or rule
Several statutes and other Departmental rules address tax incentives for business development in Wisconsin. For example, (1) sections
560.70 to
560.7995 of the Statutes and chapters Comm 100, 107, 112 and 118 address statewide tax-credit programs for job creation, capital investment, employee training and corporate headquarters; and (2) several other sections of chapter 560 and other Comm chapters address more-narrowly targeted business development incentives, such as for film productions, dairy manufacturing facilities, and fuel and electricity used in manufacturing.
Plain language analysis
The rules in this order would update this chapter to make it consistent with the portion of
2009 Wisconsin Act 265 that raises the yearly limits on tax credits for angel investments and for early stage seed investments, as regulated by the Department under section
560.205 of the Statutes.
Comparison with federal regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulation that applies these tax credits.
Comparison with rules in adjacent states
Minnesota:
Minnesota offers various tax credit programs, but none that are similar to the Early Stage Business Investment program in Wisconsin.
Iowa:
Iowa offers a University-Based Research Utilization Program to provide tax credits to businesses and university employees to promote the adoption of new technology developed at the state universities. Businesses must be utilizing technology based on patents awarded to Iowa State University, the University of Iowa, or the University of Northern Iowa and be less than 1 year old. Researchers who developed the intellectual property utilized by the business are also eligible for up to 10 percent of the businesses tax liability in individual income tax credits. Administrative rules for this program are available in the Iowa Administrative Code, 261-Chapter
63. Further information is available through the Iowa Department of Economic Development Web site at
www.iowalifechanging.com.
Illinois:
Illinois offers various tax credit programs, but none that are similar to the Early Stage Business Investment program in Wisconsin.
Michigan:
Michigan offers a High-Tech and High Wage MEGA Tax Credit program that provides tax credits to promote the development of high-tech businesses in traditional and emerging industries. A business is eligible for tax credits to offset their Michigan business tax liability. Tax credit amounts are based on job creation. There are no rules for the program, however guidelines can be found through the Michigan Economic Development Corporation's Web site at
www.themedc.org.
Summary of factual data and analytical methodologies
The data and methodology for developing these rules were derived from and consisted of incorporating the criteria in
2009 Wisconsin Act 265.
Analysis and supporting documents used to determine effect on small business
The primary document that was used to determine the effect of the rules on small business was
2009 Wisconsin Act 265. This Act applies its private-sector requirements only to businesses and individuals for which a corresponding tax credit is desired.
Small Business Impact
The rules are not expected to impose significant costs or other adverse impacts on small businesses because the rules only address raising the yearly limits on tax credits for angel investments and for early stage seed investments.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules would not impose any new reporting, bookkeeping or other procedures on small businesses.
