Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[CR 03 - 076]
Rule related to the use of atrazine pesticides. The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed amendment to ch.
ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides. The hearings will be held at the times and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until October 3, 2003, for additional written comments.
You may obtain a free copy of this 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, or by calling (608) 224-4502. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by September 5, 2003, by writing to Bruce Rheineck, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4502. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
The hearings are scheduled on:
Tuesday, September 16, 2003,
Afternoon session: 3:00 p.m. until 5:00 p.m.
Evening session: 6:30 p.m. until 8:00 p.m.
Waushara County Court House
209 S. Ste Marie St.
Room 1: Demo Room
Wautoma, WI 54982
Handicapped accessible
Wednesday, September 17, 2003
Afternoon session: 3:00 p.m. until 5:00 p.m.
Evening session: 6:30 p.m. until 8:00 p.m.
Best Western
3900 Milton Avenue
Banquette Room 1
Janesville, WI 53546
Handicapped accessible
Thursday, September 18, 2003
Afternoon session: 3:00 p.m. until 5:00 p.m.
Evening session: 6:30 p.m. until 8:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
First Floor Board Room
Madison, WI 53718
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
In order to protect Wisconsin groundwater, current rules under ch.
ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards. This rule expands an existing prohibition area based on new groundwater test data, and extends the time period of atrazine application to April 1 - July 31.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current 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.
This rule enlarges one current prohibition area and expands the time of atrazine application to April 1 through July 31 from the current April 15 through July 31 application time period. This rule will increase the statewide acreage of atrazine prohibition areas by 3200 acres and expands the application time to provide two additional weeks of potential atrazine use. 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 which complies with s.
ATCP 29.45, Wis. Adm. Code.
Fiscal Estimate
The rule will be administered by the Agricultural Resource Management (ARM) Division of the Department of Agriculture, Trade and Consumer Protection (DATCP). The following estimate is based on enlarging 1 existing prohibition area (PA), and expanding the time period for atrazine application.
Administration and enforcement of the proposed rule changes will involve new costs for DATCP. Specialist and field investigator staff time will be needed for inspections and enforcement in the expanded PA and in educating and enforcing the new application time period (0.25 FTE, costing approximately $10,000). Enforcement activities will be conducted in conjunction with current compliance inspections, but at increased levels to ensure compliance with the additional PA. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the state require education to comply with the new regulations.
Soil sampling conducted in the expanded PA to determine compliance with the rules will require an estimated $750 in analytical services. In addition, a public information effort will be needed to achieve a high degree of voluntary compliance with the rule. Direct costs to create and distribute the informational materials will be $5,000.
Total Annual Costs: $15,750
DATCP anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short-term increased interest by individuals requesting samples.
The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is not expected to have any fiscal impact on local units of government. County agricultural agents will likely receive requests for information on provisions of the rule and on weed control strategies because of reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.
Initial Regulatory Flexibility Analysis
Businesses Affected: The changes to ch.
ATCP 30 Appendix A, Wis. Adm. Code, will affect small businesses in Wisconsin. The greatest small business impact of the changes will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 3,200 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 800 acres of corn will be affected. Between 2 and 4 producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s.
227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance: The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation must be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current rule.
Atrazine cannot be used in certain areas of Wisconsin where groundwater contamination exceeds the atrazine enforcement standard in s.
NR 140.10, Wis. Adm. Code.
Professional Skills Required to Comply: The proposed changes affect how much atrazine can be applied and on which fields. Because overall use of atrazine will be reduced in Wisconsin, alternative weed control techniques may be needed in some situations. These techniques may include different crop rotations, reduced atrazine rates, either alone or in combination with other herbicides, or combinations of herbicides and mechanical weed control measures.
While alternative weed control techniques are available, adoption of these techniques on individual farms will, in some cases, require assistance. In the past, this type of assistance has been provided by University of Wisconsin Extension personnel and farm chemical dealers. In recent years, many farmers have been using crop consultants to scout fields, identify specific pest problems and recommend control measures. DATCP anticipates these three information sources will continue to be used as the primary source of information, both on whether atrazine can be used and which alternatives are likely to work for each situation.
Draft Environmental Impact Statement
DATCP has prepared a draft environmental impact statement (EIS) for the proposed 2004 amendment to rules on the use of pesticides containing atrazine. Copies are available from DATCP on request and will be available at the public hearings. Comments on the EIS should be directed to the Agricultural Resource Management Division, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI, 53708 in care of Jeff Postle. Phone 608/224-4503. Written comments on the EIS will be accepted until October 3, 2003.
Notice of Hearing
