Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the May 31, 2007, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 05-013)
An order affecting Ch. ATCP 50, relating to agricultural nutrient management. Effective 6-1-07 and 8-1-07.
Summary of Final Regulatory Flexibility Analysis
This rule modifies current rules related to nutrient management on farms. Current rules are based on nitrogen, not phosphorus. This rule incorporates federal standards based on nitrogen and phosphorus. Phosphorus is a key component of manure, and an important crop nutrient. But when applied in excessive amounts, it poses a serious runoff and water pollution threat. Enforcement of this rule, like the current rules, is contingent on cost-sharing.
This rule will have a significant impact on farms in this state. Many of these farms are “small businesses" as defined in s. 227.114(1), Stats. This rule may also affect the following businesses:
Nutrient management planners, including private crop consultants, farm cooperatives, and farm supply organizations that provide nutrient management planning.
  Soil and manure testing laboratories and businesses that haul manure.
  Commercial fertilizer dealers.
  Businesses that design and install farm conservation practices.
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). Overall effects are as follows (more detail provided below):
  Most dairy operations will be minimally affected.
  Swine operations, and beef operations with alfalfa rotations, will be affected to approximately the same degree as dairy operations.
  Crop farmers who do not use manure will not be significantly affected.
  Perennial fruit crop producers, like cranberry growers, will benefit because the new standard is more flexible.
  Some poultry operations will be significantly affected, but others will not. Most turkey and laying chicken operations will not be affected, because they are separately regulated by DNR. However, broiler chicken operations will be affected, and compliance costs may be significant. Broiler operations have not yet adopted, to any great degree, the more advanced manure management techniques used in the turkey and laying chicken sectors. However, broiler operations are often combined with other livestock operations, and may have manure spreading options that could reduce costs.
The total statewide cost of $6.5 million per year, divided by the total number of cropland acres in the state (about 9 million), yields an average cost of $0.72 per cropland acre per year. Some farms will have lower costs, and others will have higher costs. Most of the costs represent increased manure hauling costs. The cost for an individual livestock operation will depend on a number of factors, but the existing level of soil-test phosphorus is critical. If livestock producers prevent further increases in soil-test phosphorus levels, and reduce soil-test phosphorus levels in high-testing soils, costs will be lower over time.
A farmer can prepare his or her own nutrient management plan, if the farmer is qualified as a nutrient management planner. However, this rule may increase demand for professional nutrient management planning services. Farmers who comply with a nutrient management plan prepared or approved by a qualified nutrient management planner (other than the farmer) are presumed to comply with the nutrient management standards in this rule. The nutrient management planner is responsible for ensuring that the plan complies with the nutrient management standards.
This rule updates and clarifies current standards for certification of soil testing laboratories, and establishes standards for manure testing laboratories. The changes will help ensure accurate laboratory testing and nutrient management recommendations. The changes will not have a significant adverse impact on the affected laboratories.
The Department of Agriculture, Trade and Consumer Protection (“DATCP") currently administers nutrient management rules for farms. DATCP adopted the current rules in 2002, as part of a redesign of state nonpoint pollution abatement programs mandated by the Legislature.
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") and updated in September 2005.
Due to cost-share funding limitations, implementation of the new standard (like the current standard) will be largely voluntary. Information and education programs will be expanded. Cost-sharing and enforcement will be mainly targeted at farms where runoff has caused fish kills or well contamination, or which are located in highly vulnerable areas. Current cost-share funding levels make it possible to target about 20,000 acres per year (less than 1% of Wisconsin's crop acreage).
A farmer is presumed to comply with the nutrient management standards in this rule if the farmer follows a nutrient management plan that is prepared or approved by a qualified nutrient management planner other than the farmer. The nutrient management planner is responsible for ensuring that the plan complies with this rule.
Summary of Comments by Legislative Review Committees
Neither the Senate nor Assembly committees held hearings or had comments on this rule.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
(CR 06-057)
An order affecting Ch. A-E 6, relating to land surveyor education and experience requirements. Effective 6-1-07.
Summary of Final Regulatory Flexibility Analysis
This rule will not have an effect on small business.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
(CR 06-113)
An order affecting Ch. Comm 104, relating to the Woman-Owned Business Certification Program. Effective 6-1-07.
Summary of Final Regulatory Flexibility Analysis
As directed by s. 560.035 (1) (c), Stats., these proposed rules contain the criteria for implementing a woman-owned business certification program. These proposed rules are consistent with all of the criteria in s. 560.035 (1) (c), and they reflect the best practices the Department has developed in its current, similar program for certifying minority businesses.
The proposed rules are not expected to impose any significant, mandated costs on the private sector, because the rules only address applying for, receiving, and maintaining voluntary credentials that may enable woman-owned businesses to benefit from additional business opportunities. Although the rules and the corresponding enabling legislation do not establish procurement preferences, the rules are consistent with statutory goals for remedying the effects of past discrimination against members of targeted groups.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 06-023)
An order affecting Chs. NR 127 and 160, relating to the Safe Drinking Water Loan Program. Effective 6-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments or modification requests were received by the Department.
Natural Resources
(CR 06-025)
An order affecting Ch. NR 520, relating to balances in the Waste Management Program Revenue Account. Effective 6-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small businesses. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments or modification requests were received by the Department.
Natural Resources
(CR 06-047)
An order affecting Chs. NR 406, 407, and 410, relating to air pollution permit exemptions and air pollution permit exemption fees and affecting small business. Effective 6-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will affect a number of small businesses. The proposal will exempt a number of small businesses from obtaining air pollution permits. This will, in general, lower their compliance costs and reporting requirements. The construction permit exemption for projects will benefit larger businesses with higher levels of emissions.
Summary of Comments by Legislative Review Committees
Public hearings were held and modifications were requested. On February 28, 2007, the Natural Resources Board adopted a modification that clarified that the requirement to notify the Department of the intent to operate a facility under the exemption also serves as a request for revocation of an existing permit or withdrawal of a pending permit application. The modifications were submitted to the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. No comments were received from the committees during the review period.
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