Register

1. Proposed performance standard: All farmland must be cropped to achieve a soil erosion rate equal to, or less than, the `tolerable' (T) rate established for that soil.

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs (30%)	$ 36,450,000	$ 89,910,000
State's costs (70%)	$ 85,050,000	$209,790,000
Total	$121,500,000	$299,700,000

2. Proposed performance standard: Grass vegetation shall be established and maintained in concentrated flow channels within cropland areas where runoff would otherwise cause erosion or sediment delivery to navigable surface waters.

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs	$2,700,000	$ 5,400,000
State's costs	$6,300,000	$12,600,000
Total	$9,000,000	$18,000,000

3. Proposed performance standard: Soil loss from any portion of cultivated fields located within water quality management areas that drain to navigable surface waters shall not exceed 0.33 of tolerable soil loss (“T")

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs	$ 739,440	$11,091,600
State's costs	$1,725,360	$25,880,400
Total	$2,464,800	$36,972,000

4. Proposed performance standard: New or substantially altered existing manure storage facilities must be constructed to meet NRCS standard 313. Abandonment of manure storage facilities shall be completed according to NRCS standard 313 requirements.

This proposed standard does not require any farmer to construct or abandon facilities. It merely states that if they are going to construct or abandon manure storage facilities, they must do it safely and according to standards. Those farmers with unexpected costs associated with this standard are those livestock operations with manure storage facilities that are going out of business. Their estimated costs are as follows.

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs (30%)	$ 4,500,000	$ 7,500,000
State's costs (70%)	$10,500,000	$17,500,000
Total	$15,000,000	$25,000,000

5. Proposed performance standard: Runoff shall be diverted away from contacting feedlot and barnyard areas within water quality management areas.

The cost estimates for diverting runoff from barnyards and feedlots are included in the cost estimates for performance standard number seven, the performance standard for the four Animal Waste Advisory Committee prohibitions.

6.   Proposed performance standard: Any application of manure, sludge or commercial nitrogen and phosphorus fertilizer shall be done in conformance with a plan developed in accordance with NRCS standard 590.

Nutrient Management Planning

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs 30%	$ 85,500,000	$ 97,500,000
State's costs 70%	$199,500,000	$227,500,000
Total	$285,000,000	$325,000,000

Required Manure Storage

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs	$ 21,661,500	$28,875,000
State's costs	$ 50,543,500	$67,375,000
Total	$ 72,205,000	$96,250,000

7. Proposed performance standard: “A livestock operation shall have no overflow of manure storage facilities." “A livestock operation shall have no unconfined manure pile in a water quality management area." “A livestock operation shall have no direct runoff from a feedlot or stored manure into the waters of the state." A livestock operation shall not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.

	Ten-Year Low Cost	Ten Year High Cost
Farmer's costs 30%	$ 36,904,800	$ 38,750,040
State's costs 70%	$ 86,111,200	$ 90,416,760
Total	$123,016,000	$129,166,800

Because the estimated costs are so large, much of the required work may not get done, or at least it will not get done in the immediate future. The law requires that at least 70% cost sharing must be provided before a farmer may be required to do work to meet a performance standard. Therefore, the governing factor determining what a farmer must do is the amount of cost-share dollars the state has available each year. DATCP currently has approximately $3,000,000 in cost-share funds. Added to the farmers' share, this will install about $4,300,000 worth of conservation practices each year. The average grant amount for a contract issued by the department is between $15,000 and $20,000. If the department's cost-share funding stays at approximately $3,000,000, the total number of farmers that we will be able to work with will be between 150 and 200 each year. In their land and water resource management plans, counties may find different ways to reach more people with the available cost-share dollars.

This proposed rule does require additional reporting and record-keeping activities from farmers. For farmers who have not been doing conservation or nutrient management work, these reporting and record-keeping activities will be new. It is anticipated that more cost-share dollars will be made available under this new program and, therefore, more farmers will have to do the reporting, record keeping and other requirements associated with receiving grants. The procedures required of these farmers includes preparing and following conservation or erosion control plans for cropland fields, preparing and following nutrient management plans for fields on which nutrients are applied, and agreeing to and following contracts as a condition for receiving cost-share funds. Farmers will have to keep track of plans and be able to document activities to demonstrate compliance with them. These rule requirements will mean that farmers must understand and keep records of soil types, nutrient requirements of various crops, nutrient content of various kinds and amounts of manure and planned schedules for applying nutrients and conservation practices.

Most farmers are aware of conservation and nutrient management plans and the factors that go into determining erosion rates and amounts of nutrients to be applied. County-based conservation professionals are available to assist farmers with making calculations, interpreting plans and reading designs and specifications. The requirement for all farmers to prepare and follow nutrient management plans may require some farmers to become more familiar with crop needs, soil types and nutrient levels in livestock manure. We can assume that most farmers have this knowledge and these skills, but they may have to be increased or refined to meet the nutrient management requirements, depending on the skill of the individual farmer involved.

Crop consultants, farm cooperatives, farm supply organizations, and manure-haulers

Those providing nutrient management planning services to farmers and those selling fertilizers to farmers will be affected by this rule. Nutrient management planners will have to be recognized by the department as being qualified to prepare plans. Their work will be reviewed periodically by the department.

More state and landowner funds will likely be spent on preparing nutrient management plans, thereby increasing business opportunities for this industry. By 2006, all cropland acres will be required to be following nutrient management plans. As many as nine to ten million cropland acres could require nutrient management plans at an average cost of between six and ten dollars an acre.

On the other hand, the sale of commercial fertilizers will probably be reduced. In addition, those who sell fertilizers to farmers will have to keep records of who prepared nutrient management plans for those farmers purchasing the fertilizers. Those selling fertilizers will not be required to refuse sales if no nutrient management plan has been prepared, but they must make records available to department inspectors upon request.

Nutrient management planners will have to become familiar with the University of Wisconsin nutrient recommendations in the UW Extension publication number A2809. They will have to become familiar with, and follow, department guidelines and requirements for approvable nutrient management plans.

This proposed rule will result in an increased demand for manure-haulers throughout the state. As part of implementing their nutrient management plans, many farmers will have to rely on commercial manure-haulers to apply their manure on appropriate fields. This industry should see increased revenue and business from many farmers.

Construction contractors

Statewide, the impact of this proposed rule on construction contractors will differ from what it has been in the past. There will be no different professional skills required and no increase in reporting and record-keeping requirements. The main impact of this proposed rule on contractors will be the redistribution of projects across the state. This may not affect large contractors who are more mobile and can set up branch offices, but smaller, less mobile operations may see a negative impact.

Instead of having project concentrated in a relatively few priority areas in the state, under the new program each county will receive some funds for projects. This will result in more evenly distributed projects across the state. This will benefit those contractors which are more mobile than those which are not. After about a one or two year period of adjustment, this change on the industry will likely stabilize.

Draft Environmental Assessment

The department has prepared a draft environmental assessment for this proposed rule. Copies are available from the department upon request and will be available at the public hearings. Copies of the environmental assessment can from: Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, Bureau of Land and Water Resources, 2811 Agricultural Drive, P.O. Box 8911, Madison, WI 53708-8911; telephone [phone]. The department will accept comments on the draft environmental assessment at the public hearings and will accept written comments on the environmental assessment until April 14, 2000.

Notice of Hearings

Dept. of Commerce

(Anhydrous Ammonia, Ch. Comm 43)

[CR 00-38]

Notice is hereby given that pursuant to ss. 101.02 (15) (h) to (j) and 101.17, Stats., the Department of Commerce announces that it will hold public hearings on proposed rules repealing and recreating ch. Comm 43, relating to anhydrous ammonia.

Hearing Information

The public hearings will be held as follows:

Date & Time   Location

March 16, 2000   Room 3C

Thursday   Thompson Commerce Ctr.

10:00 a.m.   201 West Washington Ave.

  MADISON, WI

March 17, 2000   Room 105

Friday   Eau Claire State Office Bldg.

11:00 a.m.   718 West Clairemont Ave.

  EAU CLAIRE, WI

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.

Written Comments

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 rule-making will remain open until March 31, 2000, 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.

Analysis of Proposed Rules

Statutory authority: ss. 101.02 (15) (h) to (j) and 101.17

Statutes interpreted: ss. 101.02 (15) (h) to (j) and 101.17

The Division of Safety and Buildings within the Department of Commerce is responsible for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Chapter Comm 43 contains minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of anhydrous ammonia systems.

The proposed rules consist of a complete update of ch. Comm 43 in order to bring the chapter up to date with current technology and nationally recognized standards. The current ch. Comm 43 is basically a rewritten version of a previous edition of the American National Standards Institute (ANSI) Safety Requirements for the Storage and Handling of Anhydrous Ammonia, ANSI K61.1, published by the Compressed Gas Association. The proposed rules contain the incorporation by reference of the 1999 edition of the ANSI K61.1 standard rather than rewriting it. The proposed new ch. Comm 43 also contains the same administration and enforcement provisions as the recently adopted new ch. Comm 40 for gas systems.

Although ch. Comm 43 generally applies only to new installations, the proposed rules contain one new retroactive rule and retain one existing retroactive rule from the current code. The new retroactive rule requires a working platform to be constructed at existing installations within one year from the effective date of the proposed rules. The current retroactive rule was effective on November 1, 1999, and requires a breakaway device to be installed at existing installations by January 1, 2001.

The proposed rules have been developed with the assistance of the Anhydrous Ammonia Code Advisory Council. The members of that citizen advisory council are as follows:

  Name   Representing

  Ed Aldridge   Growmark, Inc.

  Bruce Barganz   Wisconsin Fertilizer &
    Chemical Association

  Tim Clay   Wisconsin Federation
    of Cooperatives

  Donald Healy   Wisconsin Agri-
    Service Association

  Art Herschberger   Wisconsin Propane
    Gas Association

  Bruce Kleespie   Kleespie Tank &
    Petroleum Equipment

  Gene Reece   Wisconsin State Fire
    Chiefs Association

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. 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.

Initial Regulatory Flexibility Analysis

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

  The rules will affect any business involved with the design, construction, installation, operation, inspection, repair or maintenance of anhydrous ammonia systems.

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

  There are no new reporting or bookkeeping procedures required for compliance with the rules.

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

  There are no types of professional skills necessary for compliance with the rules.

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing the current rules for anhydrous ammonia systems. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing those rules. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Local municipalities may voluntarily enforce the rules for anhydrous ammonia systems, and they have the authority to offset any costs by charging appropriate fees.

Copies of Rules and Contact Information

A copy of the proposed rules may be obtained without cost from Roberta Ward, 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.

Notice of Hearing

Department of Employment Relations

(Division of Merit Recruitment

and Selection)

[CR 99-167]

Notice is hereby given that pursuant to s. 230.05(5), Stats., and interpreting s. 230.05(1), Stats., the Division of Merit Recruitment and Selection in the Department of Employment Relations will hold a public hearing at the time and place shown below to consider the creation of permanent rules relating to the provision of examination materials to hiring authorities and the removal of candidates from employment registers for failure to attend interviews.

Hearing Information

March 17, 2000   Dept. of Employment
Friday   Relations

10:00 A.M. to 11:00 A.M.   345 West Washington Ave.