Kris Modaff, (608) 224-4505
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708
or by contacting the message relay system (TTY) at (608) 224-5058. Handicap access is available at the hearings.
Hearing Information
Four hearings are scheduled:
September 18, 1995 County Board Room
Monday Courthouse
1:00 to 4:00 p.m. West Decker St.
evening session VIROQUA, WI
6:30 to 9:00 p.m.
September 19, 1995 Point Room
Tuesday Best Western Royale
1:00 to 4:00 p.m. 5110 Main St.
evening session STEVENS POINT, WI
6:30 p.m. to 9:00 p.m.
September 20, 1995 Room D
Wednesday Chula Vista Resort
1:00 to 4:00 p.m. 4031 N. River Road
evening session WISCONSIN DELLS, WI
6:30 to 9:00 p.m.
September 21, 1995 Yodel Hall
Thursday Government Services Bldg.
1:00 to 4:00 p.m. Pleasant View Complex
evening session N3150B Hwy. 81
6:30 to 9:00 p.m. MONROE, WI
Written comments will be accepted until October 13, 1995.
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: ss. 93.07 (1), 94.69 (9), 160.19 (2), and 160.21 (1)
Statutes interpreted: ss. 94.69, 160.19 (2) and 160.21 (1)
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.
Based on new groundwater test data, this rule expands the number of areas in which atrazine use is prohibited.
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 80 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule repeals and recreates 3 current prohibition areas to expand those areas, repeals 2 current prohibition areas and creates 1 new prohibition area to join them and creates 11 new prohibition areas, resulting in a new total of 90 prohibition areas throughout the state. The rule includes maps describing each of the new and expanded 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 29.151 (2) to (4), 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 3 existing prohibition areas (PA's), joining two existing PA's and creating 11 additional PA's in 1996.
Administration and enforcement of the proposal will involve new costs for the Department. The Department estimates that 0.1 FTE of specialist and field investigator staff time will be needed for inspections and enforcement in the new PA's. Soil sampling conducted in the additional PA's to determine compliance with the rules will require an estimated $2,000 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 produce and distribute the informational materials will be $2,000.
In total the Department estimates an additional staff impact of 0.1 FTE and $4,000 in sampling and public information costs. These costs can be absorbed by the Department. The complete fiscal estimate is available upon request.
Initial Regulatory Flexibility Analysis
1. Businesses Affected:
The amendments to the atrazine rule will affect small businesses in Wisconsin. The greatest small business impact of the rule will be on users of atrazine -- farmers who grow corn. The proposed prohibition areas contain approximately 48,600 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 12,150 acres of corn will be affected. This acreage would represent between 60 and 135 producers, depending on their corn acreage. 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 and the impacts are not further discussed in this document.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
2. 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 would need to 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 atrazine rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current atrazine rule.
Atrazine cannot be used in certain areas of the state where groundwater contamination exceeds the atrazine enforcement standard in s. NR 140.10.
3. Professional Skills Required to Comply:
The rule affects how much atrazine can be applied and on which fields. Because overall use of atrazine will be reduced in the state, 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 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. The Department 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
The Department has prepared a draft environmental impact statement (EIS) for proposed 1996 amendments to rules on the use of pesticides containing atrazine. Copies are available from the Department on request and will be available at the public hearings. Comments on the EIS should be directed to:
c/o Jeff Postle, (608) 224-4503
Agricultural Resource Management Division
Wis. Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708
Written comments on the EIS will be accepted until October 13, 1995.
Agriculture, Trade &
Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection will hold public hearings on a proposed Department rule relating to the regulation of work recruitment schemes (proposed ch. ATCP 116, Wis. Adm. Code).
Written Comments and Copies of Rule
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until November 3, 1995 for additional written comments.
A copy of the rule may be obtained, free of charge, from:
Division of Trade & Consumer Protection, (608) 224-4947
Wis. Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
Copies will also be available at the public hearings.
Hearing Information
Four hearings are scheduled:
October 16, 1995 Board Room SR-106
Monday Prairie Oak State Office Bldg.
Commencing at 2811 Agriculture Dr.
9:30 a.m. Madison, WI
