Despite the potential costs associated with testing, the rule is needed because the costs that would be incurred by small business people if bovine tuberculosis is imported to Wisconsin far exceeds any additional costs associated with testing animals that originate from tuberculosis non-modified accredited states.
Copies of the Emergency Rule
A copy of the emergency rule to be considered may be obtained free of charge from:
Animal Health Division
Telephone (608) 224-4883
Wis. Dept. of Agriculture, Trade & Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Notice of Hearing
Agriculture, Trade and Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed amendment to ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides.
Written Comments
The hearing will be held at the time and place shown below. The public is invited to attend the hearing and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement accompanying the rule. Following the public hearing, the hearing record will remain open until Thursday, September 21, 2000 for additional written comments.
Copies of Rule
A copy of this rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4502. Copies will also be available at the public hearing.
Contact Information
An interpreter for the hearing-impaired will be available on request for the hearing. Please make reservations for a hearing interpreter by Friday, September 8, 2000 either by writing to Bruce Rheineck, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4502) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearing.
Hearing Information
One hearing is scheduled:
Date & Time Location
September 13, 2000 Lodi City Hall
Wednesday 113 South Main St.
3:00 - 5:00 p.m. LODI, WI
6:30 - 8:00 p.m.
Handicap access is available at the hearing.
Telephone (608) 592-3247 for information on the scheduled hearing.
Written comments will be accepted until Thursday, September 21, 2000.
Analysis Prepared by Dept. of Agriculture, Trade and 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 an area 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 103 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. This will increase the statewide acreage of atrazine prohibition areas by about 1,000 acres. This rule includes a map describing the expanded prohibition area.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface complying with s. ATCP 29.151 (2) to (4).
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).
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 (0.05 FTE, cost approximately $2,000). 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 $500 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 $500.
Total Annual Costs: $3,000
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 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.
The complete fiscal estimate is available upon request.
Initial Regulatory Flexibility Analysis
Businesses Affected:
The amendments to ch. 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 area contains approximately 1,000 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 250 acres of corn will be affected. About three 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 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.
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 Department 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 2001 amendment 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 608/224-4503. Written comments on the EIS will be accepted until Thursday, September 21, 2000.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Notice is hereby given that pursuant to ss. 30.92 (5) (a) and (b) and 227.11 (2) (a), Stats., interpreting ss. 30.92 (4) (b) 2.
b., 2m., 8. am. and 8. bn., Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 7, Wis. Adm. Code, relating to recreational boating facilities.
Analysis by the Dept. of Natural Resources
1997 Wis. Act 27 and 1999 Wis. Act 9 contained legislative changes to the recreation boating facilities program. One change created an opportunity for an eligible sponsor to receive a higher cost share rate for a project if the project is considered of regional or statewide significance. Presently, eligible sponsors may receive financial cost sharing assistance at a rate of up to 60%. Under the new provision, if the project is determined to be of statewide or regional significance and the Wisconsin Waterways Commission approves, the cost share rate could be increased to 80%. The proposed rule establishes the criteria for determining statewide or regional significance.
1997 Wis. Act 27 also allowed “in-kind contributions" as an eligible part of the local cost share. The existing rules for the program allow the value of donated materials, equipment, services or labor to be used as part of the project costs borne by the project sponsor. The rule is revised to clarify “in-kind contributions" has the same meaning as “donations" in the existing rule. Program eligibility of equipment necessary to remove floating trash and debris from a waterway was also created.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code; however, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearing will be held on:
September 12, 2000 Conference Room 1
Tuesday Courthouse Annex
1:00 p.m. 1462 Strongs Ave.
Stevens Point, WI
