Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Wednesday, March 23, 2005
Location: Northcentral Technical College
1000 W. Campus Dr.
Wausau, WI 54401
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Thursday, March 24, 2005
Location: Chippewa Valley Technical College
620 W. Clairemont Ave.
Eau Claire, WI 54701
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates plant nutrients to maintain and improve water quality. DATCP proposes to amend the current nutrient management rules for farms. Current rules are based on nitrogen, not phosphorus. This rule would incorporate updated federal standards based on nitrogen and phosphorus. Phosphorus is a key nonpoint source pollutant, and phosphorus levels in soil are increasing due to excessive phosphorus applications.
Current nutrient management rules apply to all farms, not just livestock operations. Current rules are scheduled to take effect in 2005 in some watersheds, and 2008 elsewhere. However, enforcement of current rules is contingent on cost-sharing (per current state law), so the availability of cost-share funding will limit actual implementation.
By adding a phosphorus standard to current nutrient management rules, this rule will increase compliance costs for farmers. This rule will have the greatest impact on livestock operators, who may incur additional costs related to the disposal of manure (which provides more phosphorus than nitrogen, compared to crop needs). However, this rule does not change current rule effective dates or cost-sharing requirements.
DATCP has general authority to adopt rules interpreting statutes under its jurisdiction (see s.
93.07 (1), Stats.). DATCP is specifically authorized to adopt farm conservation standards, including standards for nutrient management on farms (see ss.
92.05 (3) (k) and
281.16 (3) (b), Stats.).
Background
Under current DATCP rules (ch.
ATCP 50, Wis. Adm. Code), all farmers who apply manure or commercial fertilizer to cropland (not just livestock operators) must have nutrient management plans. This requirement takes effect on January 1, 2005 in certain watersheds and January 1, 2008 elsewhere. Under current rules, enforcement of nutrient management requirements is contingent on cost-sharing.
Under current DATCP nutrient management rules, a nutrient management plan must comply with all of the following requirements:
•
It must be prepared or approved by a qualified nutrient management planner. A farmer may prepare his or her own plan if the farmer has completed a DATCP-approved training course within the preceding 4 years, or is otherwise qualified under current rules.
•
It must identify the lands on which the operator will apply manure and other nutrients.
•
It must be based on soil tests that determine the nutrient needs of the affected cropland. A soil test laboratory, certified by DATCP, must conduct the soil tests.
•
It may not call for nutrient applications in excess of amounts needed to achieve crop fertility levels recommended by the University of Wisconsin (there are limited exceptions).
•
It must comply with nutrient management standards published by the Natural Resource Conservation Service of the United States Department of Agriculture (“NRCS").
Rule Content
This rule modifies current DATCP nutrient management rules as follows:
Updated Federal Standard
Current DATCP rules incorporate an outdated version (March, 1999) of the NRCS nutrient management standard. This rule incorporates an updated NRCS standard. A nutrient management plan (if required) must adhere to the following provisions in the new standard (many, but not all, of these provisions already apply under the current standard):
•
The nutrient management plan must consider all primary nutrients – nitrogen, phosphorus, and potassium. The older NRCS standard focused on nitrogen rather than phosphorus and potassium. Phosphorus is a key nonpoint pollutant, and has been applied in excessive amounts (as reflected in rising average soil-test phosphorus levels in Wisconsin). The new standard will limit excessive phosphorus applications.
•
Nutrient applications may not exceed the amounts needed to achieve soil fertility levels recommended by the University of Wisconsin for crops in the farmer's rotation (there are some exceptions). These recommendations are designed to achieve optimal economic returns for farmers. Phosphorus and potassium needs are generally determined over a crop rotation, so that some buildup of these nutrients is permitted in anticipation of future crop needs during the rotation.
•
The nutrient management plan must consider all nutrient sources, including existing nutrients in the soil, manure applications, fertilizer applications, and nitrogen from legumes. The plan must account for relevant limitations on nutrient applications -- for example, on frozen land, near water bodies, or on highly eroding fields (see below).
•
Nutrient calculations must take into account the amount and timing of nutrient applications from all sources.
•
Soil tests must be used to determine existing soil fertility levels (soil tests must be not more than 4 years old).
•
Nutrient management plans must be updated annually (to account for relevant changes in cropping patterns, land base, nutrient applications, soil test results, etc.). Each annual update must document and consider relevant cropping patterns and nutrient applications from the preceding year.
•
Manure nutrient content may be determined by laboratory analysis or from standard “book values" specified in the NRCS standard. Labs performing manure analyses must meet standards specified in the rule.
•
Nutrients may not run off the field during application.
•
Nutrients may not be spread in certain areas, including the following:
- Fields eroding in excess of “T-value" levels (the standard specifies acceptable methods for calculating erosion rates).
- Surface water areas, or areas of established concentrated flow.
- Permanent non-harvested vegetative buffers or wetlands.
- Areas within 50 feet of drinking water wells.
- Areas within 200 feet up-slope of direct conduits to groundwater (such as wells, sinkholes, fractured bedrock, tile inlets or mine openings), unless the nutrients are effectively incorporated within 72 hours.
•
Nutrients may not be applied to frozen or snow-covered land within 1,000 feet of a navigable lake or within 300 feet of a navigable stream.
•
Liquid manure may not be applied to frozen or snow-covered land at a rate of more than 7,000 gallons per acre.
•
Manure may not be applied to frozen or snow-covered land at a rate that provides more phosphorus than will be used by crops in the next growing season.
•
Manure may not be applied to frozen or snow-covered land that has a slope greater than 9% (12% if contour-cropped).
•
Commercial fertilizer may not be applied to frozen or snow-covered land, except on pasture or surfaces planted in winter grains.
•
At least one of the following practices must be used when applying nutrients to unfrozen surfaces within 1,000 feet of a navigable lake or within 300 feet of a navigable stream:
- Install or maintain permanent vegetative buffers.
- Maintain 30% crop residue or vegetative cover on the soil surface after application.
- Incorporate nutrients within 72 hours, leaving adequate residue so that erosion does not exceed “T-value."
- Establish cover crops promptly following application.
•
Liquid manure applications (less than 12% solids) to unfrozen land within 1,000 feet of a navigable lake or 300 feet of a navigable stream may not exceed rates specified in the rule.
•
In order to minimize nitrogen loss to groundwater in certain sensitive areas, most crop nitrogen must be applied to those areas after the crop is established in the spring. This applies to areas with coarse soils, areas with less than 20 inches to bedrock or 12 inches to water table, and areas within 1000 feet of a municipal well.
•
In order to minimize phosphorus losses to surface water, a farmer must use one of the following strategies (and establish perennial vegetative cover where there are recurring gullies):
- Maintain a phosphorus index, calculated according to the Wisconsin phosphorus index model, at or below a level of 6. Stop phosphorus applications to fields that exceed that index level, unless UW recommendations call for additional phosphorus applications (based on soil tests and crop needs).
- Regulate phosphorus applications based on soil tests. Forego or limit phosphorus applications as necessary, based on soil test levels and phosphorus removal by relevant crops (the standard specifies application limits based on soil test levels).
Excess Nutrient Applications
Under current DATCP rules, a nutrient management plan may not recommend nutrient applications that exceed the amounts needed to achieve fertility levels recommended by the university of Wisconsin for relevant crops. However the current rules allow certain exceptions.
One current exception allows for excess soil nutrient values caused by manure applications in prior years. This rule limits that exception, so that it only applies to manure applications in the year immediately preceding implementation of the nutrient management plan.
The current rules also permit excess nutrient applications for the following reasons:
•
The farmer applies only organic nutrients (such as manure).
•
Excess nutrients from organic nutrient applications will be used later in the planned crop rotation.
•
Fields with corn following corn receive conservation tillage with greater than 50% residue after planting.
•
Starter fertilizer is properly applied to row crops.
•
The crop is irrigated.
This rule eliminates these exceptions, because these conditions are more precisely addressed in the (updated) NRCS technical guide nutrient management standard 590 (incorporated in this rule). This rule, like the current rules, permits excess nutrient applications based on special agronomic conditions documented by the nutrient management planner.
Cost-Sharing and Initial Applicability Not Affected
This rule does not change the previously-established effective dates for DATCP nutrient management rules (2005 in some watersheds, and 2008 elsewhere), nor does it change current cost-sharing requirements (enforcement of nutrient management standards is normally contingent on cost-sharing). Those effective dates and cost-sharing provisions still apply under this rule.
Environmental Impact
This rule will protect the environment by preventing excess nutrient applications that can result in nonpoint source pollution of surface water and groundwater. Nonpoint source pollution from farms has a major impact on surface water and groundwater quality.
Fiscal Impact
This rule will not have a major fiscal impact on DATCP or local units of government. This rule will change applicable standards for nutrient management plans, but will not increase the number of nutrient management plans required. Enforcement of this rule is generally contingent on cost-sharing. DATCP estimates that approximately $25 million in additional cost-share funding would be needed each year in order to fully implement this rule within 10 years. This rule does not mandate additional state or local review of nutrient management plans (beyond what already exists). County conservation staff currently review and monitor nutrient management plans as necessary, on farms that are required to have those plans.
DATCP and county land conservation staff will need to become familiar with the new standards. Staff will need to provide information and education about the new standards, and respond to questions from farmers and others. DATCP will undertake these new responsibilities with existing staff. DATCP estimates that counties will likewise be able to implement the revised standards with existing staff. A complete fiscal estimate may be obtained by calling (608) 224-4605 or emailing
sue.porter@datcp.state.wi.us.
Business Impact
This rule will have a substantial impact on agricultural producers and other businesses.
Agricultural Producers
To the extent that it is implemented, this rule will increase costs for livestock operators and crop producers who are required to implement nutrient management plans. However, rule implementation is contingent on cost-sharing. Actual implementation will depend on the availability of cost-share funds. Without cost-sharing, most agricultural producers will not be obligated to comply.
This rule will not increase the number of nutrient management plans required, but will affect the content of the plans. It will also affect the farming practices needed to comply. This rule will have the greatest impact on livestock operations. It will have less impact on non-livestock crop producers. For livestock operations, the impact is primarily related to new phosphorus management requirements (current standards are based primarily on nitrogen, not phosphorus).
Manure generally provides higher amounts of phosphorus than nitrogen, compared to typical crop needs. So, livestock operators may need more acreage for manure disposal, to avoid excessive phosphorus applications. Costs will vary widely by livestock species, size of livestock operation, geographic location, cropping patterns, current nutrient content of soil, and availability of acreage for manure disposal. Non-livestock crop producers will be less affected, and may actually reduce their fertilizer costs by avoiding excessive phosphorus applications.
DATCP has estimated the costs to implement the new phosphorus standard, assuming that the standard is fully implemented (this will require cost-share funding that is not currently available). The estimate represents the annual incremental cost, over and above the cost to implement the existing (nitrogen-based) standard. DATCP estimates the statewide incremental cost, by livestock sector, as follows (estimation method described in attached business impact assessment):
Dairy: $1.5 million
Beef: $1.5 million
Swine: $0.5 million
Poultry: $2.8 million
