Statement of Scope
Department of Agriculture, Trade and Consumer Protection
(DATCP)
Rule No.: | Chapter ATCP 50, Wis. Adm. Code (existing) |
Relating to: | Soil and Water Resource Management |
1. Description of the objective of the rule:
The Wisconsin Natural Resources Conservation Service (NRCS) recently adopted a revised NRCS 590 nutrient management standard. This rule may determine which aspects of the revised NRCS nutrient management standard to apply and not apply in ch. ATCP 50. The revised standard includes the following: • Additional winter spreading restrictions, including a new risk assessment tool and planning requirements, a prohibition on nutrient applications on frozen- and snow-covered fields locally identified as areas contributing direct runoff to surface and ground water, and a prohibition on liquid manure applications during February and March in DNR Well Compensation areas or on shallow Silurian dolomite soils.
• Expanded nitrogen (N) application restrictions and prohibitions related to bedrock depth, soil types, and/or timing.
• Enhanced nutrient application setbacks including a restriction on spreading untreated manure in areas locally identified as contributing direct runoff to groundwater conduits unless the manure is substantially buried within 24 hours of application.
• Additional restrictions related to N recommendations and rates, including restrictions on late summer and fall applications of commercial N in sensitive fields (e.g. within 5 feet of bedrock).
• Increased phosphorus (P) management (Phosphorus Index and Soil Test P limits and resulting restrictions).
• Greater focus on erosion control.
This rule may update current nutrient management standards for farms, and make other clarifications and updates as necessary.
2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives; the history, background and justification for the proposed rule:
History and background. Under ss. 92.05 (3) (k) and 281.16 (3), Stats., DATCP must adopt rules related to agricultural nutrient management. DATCP has adopted nutrient management rules under ch. ATCP 50, Wis. Adm. Code to reduce excessive nutrient applications and minimize nutrient runoff that may pollute surface water and groundwater. Under current rules, farmers must apply manure and other nutrients according to nutrient management plans complying with the nutrient-based NRCS nutrient management standard 590 dated September, 2005. NRCS is currently revising its standard to increase protections for water quality and soil health. NRCS expects to adopt the revised standard in October 2015 and begin offering cost-sharing for this practice standard under its Environmental Quality Incentives Program (EQIP).
Under ch. ATCP 50, the current rule addresses soil and water conservation on farms, county soil and water programs, grants to counties, cost-share grants to landowners, standards for soil and water professionals, local regulation, and standards for cost-shared practices. Most recently in 2014, DATCP adopted rules modifying the soil and water resource management program under ATCP 50, primarily for the purpose of incorporating the changes in ch. NR 151, Wis. Adm. Code, adopted in 2011 by the Department of Natural Resources. DATCP is seeking to incorporate the revised NRCS 590 nutrient management standard in ch. ATCP 50. Proposed policies. This proposed rule revision will modify DATCP’s soil and water resource management program under ch. ATCP 50 for the following purpose: • To ensure that the water quality standards (including related NRCS technical standards) in ATCP 50 are consistent with NR 151 (runoff management rule) and ATCP 51 (livestock siting rule). DATCP will incorporate the revised NRCS nutrient management 590 technical standard into ATCP 50, determining which aspects of the standard to apply and not apply (see ATCP 50.04, Wis. Adm. Code).
• To determine the timing of implementation of the new NRCS 590 technical standard into DATCP soil and water programs and the Farmland Preservation Program (see ATCP 50.16 and 50.78, Wis. Adm. Code).
Policy alternatives. If DATCP takes no action, current nutrient management rules will remain in effect. By proceeding with rulemaking, DATCP may address the following:
• The current rules will soon be outdated and will not adequately address nonpoint pollution concerns related to nitrogen, phosphorus, and soil erosion.
• State and federal standards will not be consistent.
• State standards making up the nonpoint runoff rules (ATCP 50 and NR 151) will not be consistent.
• Out-dated standards in the rule may not adequately address stakeholder needs.
• Current nutrient management rule provisions may hinder effective future coordination of federal, state, and local conservation programs.
3. Statutory authority for the rule (including the statutory citation and language):
92.05(3)(k) Nutrient management rules.
The department shall promulgate rules to improve agricultural nutrient management in this state. The rules shall be consistent with rules promulgated under s. 281.16 (3) and shall include incentives, educational and outreach provisions and compliance requirements.
281.16(3) Nonpoint sources that are agricultural.
(a) The department of natural resources, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:
1. That a livestock operation may have no overflow of manure storage structures.
2. That a livestock operation may have no unconfined manure pile in a water quality management area.
3. That a livestock operation may have no direct runoff from a feedlot or stored manure into the waters of the state.
