(a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under s. 281.15. (b) The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a). 93.07 Department duties. It shall be the duty of the department:
(1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs. 93 to 100, which regulations shall have the force of law. 4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 0.25 FTE to develop this rule over a projected time period of 18 to 24 months. This includes planning and preliminary activities, evaluating recommendations of the NRCS 590 revision team meetings, drafting rules and related documents, holding public hearings, analyzing and responding to hearing comments, presenting proposed rules to the DATCP Board and other government entities, and communicating with stakeholders. DATCP will use existing staff to develop this rule. The estimated staff time reflects the complex and sensitive subject matter of the rule, the intensity of interest among stakeholders, and the complex interaction with state and local regulatory programs.
5. Description of all entities that may be impacted by the rule:
The proposed rule may affect agricultural landowners, qualified nutrient management planners, nutrient applicators, county land conservation department staff, and state and federal agency conservation staff.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Under the federal Clean Water Act, certain concentrated animal feeding operations are subject to federal regulation as water pollution “point sources.” The Wisconsin Department of Natural Resources (DNR) regulates these operations by permit, under authority delegated from the United States Environmental Protection Agency (EPA). DNR has adopted rules under ch. NR 243, Wis. Adm. Code, to regulate water pollution discharges from livestock facilities. Under NR 243, livestock facilities with over 1,000 animal units must obtain a Wisconsin Pollution Discharge Elimination System (WPDES) permit from the DNR, which includes requirements contained in the NRCS 590 nutrient management standard, as well as more restrictive requirements and prohibitions unique for large concentrated animal feeding operations. Although NRCS has adopted a nutrient management standards (NRCS 590) for agricultural operations, NRCS does not enforce the standards as mandatory, except for operations that receive cost-share funding from NRCS. EPA and the Wisconsin DNR incorporate NRCS 590 as a mandatory standard for animal feeding operations requiring a WPDES permit under the federal Clean Water Act. NRCS expects to adopt the revised standard in October 2015.
7. Anticipated economic impact
DATCP expects the proposed rule to have minimal economic impact statewide and locally. Many farmers affected by this rule qualify as “small businesses.”
