Register

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.

This rule also corrects an outdated statutory reference in the department's current aldicarb (not atrazine) rules. Currently, under s. ATCP 30.24(5)(b), Wis. Adm. Code, the Department may grant an exemption from an aldicarb use prohibition if certain conditions are met. The current rule identifies those conditions by reference to a statute which has since been repealed. This rule eliminates the outdated statutory reference, and identifies the conditions in the rule itself. This rule does not change the substance of the current aldicarb rule.

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 101 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.

This rule repeals and recreates 1 current prohibition area to expand the area, and creates 2 new prohibition areas, resulting in a new total of 103 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 ss. 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 1 existing prohibition area (PA), and creating 2 additional PAs.

Administration and enforcement of the proposal will involve new costs for the Department. Specialist and field investigator staff time will be needed for inspections and enforcement in the new PAs (0.1 FTE, cost approximately $4,000). Enforcement activities will be conducted in conjunction with current compliance inspections but at increased levels to ensure compliance with the additional prohibition areas. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the PAs require education to comply with the new regulations.

Soil sampling conducted in the additional PAs to determine compliance with the rules will require an estimated $1,000 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 $3,000.

Total Annual Costs: $8,000

The Department 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.

On Local Units of Government

The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is therefore 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 with reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.

The complete fiscal estimate is available upon request.

Initial Regulatory Flexibility Analysis

Businesses Affected:

The amendments to ATCP 30 Appendix A 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 6,000 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 1,500 acres of corn will be affected. This acreage would represent between 5 and 20 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.

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, Wis. Adm. Code.

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.

Notice to Dept. of Development

The Department has given notice of this proposed rule to the Wisconsin Department of Development, as required by s. 227.114(5), Stats.

Draft Environmental Impact Statement

The Department has prepared a draft environmental impact statement (EIS) for proposed 2000 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 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 [phone]. Written comments on the EIS will be accepted until September 17, 1999.

Notice of Hearings

Commerce

(Commercial Building Code
Chs. Comm 50-65)

[CR 99-120]

Notice is hereby given that pursuant to ss. 101.02 (1) and (15), 101.14 (4), and 227.17, Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to Fire Safety Requirements in the Commercial Building Code, chapters Comm 50-64.

Hearing Information

August 27, 1999   State Office Bldg.

Friday   Room 105

11:00 a.m.   718 W. Clairemont Avenue

  Eau Claire, WI

August 30, 1999   State Office Bldg.

Monday   Room 120

10:00 a.m.   141 N.W. Barstow Street

  Waukesha, WI

September 1, 1999   WHEDA Bldg.

Wednesday   Room 3B

10:00 a.m.   201 W. Washigton Ave.

  Madison, WI

September 2, 1999   State Office Bldg.

Thursday   Room 152A

11:00 a.m.   200 N. Jefferson Street

  Green Bay, WI

Interested persons are invited to appear at the hearings 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 Friday, September 17, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.

These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or TTY at [phone] 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 request by a person with a disability.

A copy of the proposed rules may be obtained without cost from Audrey Fries, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Analysis of Proposed Rules

Statutory Authority: ss. 101.02 (1) and (15), and 101.14 (4)

Statutes Interpreted: ss. 101.02 (1) and (15), 101.14 (4), and 101.145

Under ss. 101.02 and 101.14, Stats., the Department of Commerce has the responsibility to supervise every public building and place of employment, including the fire safety aspects, in order to protect the life, health, safety and welfare of every employe, frequenter, tenant and firefighter. The proposed changes in this package are intended to update code requirements and adopted national standards relating to building construction, building equipment, commodity storage and isolation, fire prevention, fire detection, and fire suppression as one part of that responsibility.

The proposed rule change updates the currently adopted National Fire Protection Association (NFPA) standards in the Building and Heating, Ventilating and Air Conditioning Code, chapters Comm 50-64. Twenty four additional NFPA standards are proposed for adoption by reference. Most of these new standards relate to alternate methods of fire suppression or to storage and isolation requirements for various hazardous commodities.

Minor wording changes have been made to the text to clarify ambiguous requirements or to promote consistency within the code as well as consistency with national standards and national model codes. Several changes are proposed that will coincide with requirements in the International Building Code (IBC). Proposed requirements for fireblocking in building construction, using listed joint assemblies in fire-resistive construction, and fire isolation and suppression in commercial cooking facilities follow requirements from the IBC.

Environmental Assessment

Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

Robert Langstroth

Department of Commerce

P.O. Box 2599

Madison, Wisconsin 53701

Telephone [phone]

or TTY [phone]

Written comments will be accepted until Friday, September 17, 1999.

Fiscal Estimate

There is no fiscal effect.

Initial Regulatory Flexibility Analysis

1.   Types of small businesses that will be affected by the rules.

Businesses that install, test or maintain fire protection equipment will have clearer rules and up-to-date national standards to follow.

Businesses that store hazardous materials, such as compressed gases, various hazardous chemicals, rubber tires, rolled paper or explosive materials will be required to follow current national standards for the storage of those materials.

2.   Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no additional reporting or bookkeeping procedures to comply with these rules.

3.   Types of professional skills necessary for compliance with the rules.

There are no additional professional skills needed to comply with these rules.