Section 227.11 (2) (a) (intro.), Stats., provides that a state agency, "may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.'' subject to certain restrictions. Section 281.16 (3) (a), Stats., requires the department to 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 surface water quality standards and groundwater standards by limiting nonpoint source pollution. Under s. 281.16 (3) (e), Stats., an existing facility is not required to comply with the agricultural performance standards or prohibitions unless cost sharing is made available. Section 281.16 (3) (e), Stats., states that the department shall promulgate criteria for determining whether cost sharing is available under s. 281.65. Section 281.65 (1 ), (4 )(e) and (8), Stats., provides authority for the department to promulgate rules regarding eligible costs related to compliance with agricultural nonpoint source performance standards, specifications and best management practices. Section 283.13 (5), Stats., provides authority to include more stringent limitations in permits when necessary to meet water quality standards or other federal or state requirements. Section 283.31, Stats., provides authority to include terms and conditions in a permit to comply with water quality standards, ground water standards and federal requirements. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
It is estimated that department employees will spend approximately 3,000 hours developing this rule.
6. List with description of all entities that may be affected by the proposed rule:
Entities affected by this rule include: agricultural producers; manure haulers; certified crop advisors; agricultural cooperatives and fertilizer sellers; county land conservation departments; the Wisconsin Department of Agriculture, Trade and Consumer Protection; rural residents with private wells; and users of community and non-community wells in agricultural areas including business employees and customers.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The Natural Resources Conservation Service (NRCS), a component of the US Department of Agriculture, develops technical standards that apply to agricultural facilities and practices. These standards are not regulatory, but may be required for agricultural producers to qualify for federal grant or cost-share assistance and to qualify for tax credits through the state Farmland Preservation Program. Applicable NRCS technical standards are incorporated in ch. NR 151 by reference, and this revision proposes to update these references as necessary to ensure consistency with federal technical standards . 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
It is estimated that the economic impact of this rulemaking would be "moderate" (between $50,000 and $20 million per year, combined for all impacted stakeholders). It will have an impact on small business, especially agricultural producers, and supporting businesses.
8. Anticipated number, month and locations of public hearings:
The Department anticipates holding two public hearings in the spring of 2017 with the added ability to broadcast the hearing to satellite viewing locations. Hearing cities or satellites will be: Luxemburg, Manitowoc, West Bend, Madison, Lacrosse and River Falls.
Contact Person: Mary Anne Lowndes (608) 261-6420
