Scope statements
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions; Atrazine Pesticides. Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect new groundwater-sampling results related to atrazine obtained during the past year. Review the restrictions on the timing of atrazine applications. Renumber and reorganize current rule, as necessary.
Policy Analysis
Under the Wisconsin Groundwater Law, ch.
160, Stats., the department must regulate the use of pesticides to assure compliance with groundwater standards established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3 mg/liter for atrazine and its chlorinated metabolites.
Under s.
160.25, Stats., the department must prohibit pesticide uses that result in groundwater contamination levels that violate the DNR enforcement standard. The department must prohibit pesticide use in the area where the groundwater contamination has occurred unless the department determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently under ch.
ATCP 30 the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, the department may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with the Groundwater Law, the department must take further action to prohibit or regulate atrazine use in the areas where these wells are located. The department proposes to amend ch.
ATCP 30 to add or repeal prohibition areas or take other appropriate regulatory action in response to any new groundwater findings. The department also plans to review the statewide restriction on the timing of atrazine product applications. Current rules limit the application of atrazine products to the time period between April 15 and July 31 of each year.
Policy alternatives
No Change. If the department takes no action on this proposed rulemaking, the existing ch.
ATCP 30 Pesticide Product Restrictions promulgated in June, 2002 will apply. However, the department would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet the department's obligations under the Groundwater Law. Conversely, the department would be unable to repeal the current restrictions on atrazine use where indicated by groundwater findings.
Statutory authority
Staff time required
The department estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes investigation; drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. The department will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Fertilizer Bulk Storage.
Objective of the rule. Update ch.
ATCP 32 fertilizer bulk storage rule to prevent fertilizer spills and reflect changing fertilizer bulk storage practices. Reorganize and clarify ch.
ATCP 32 to make it easier for persons storing bulk fertilizer to understand and comply with the applicable requirements.
Policy analysis
The ch.
ATCP 32 fertilizer bulk storage rule took effect in January, 1986. The department proposes to update the rule to address changes in the bulk storage industry and to strengthen existing provisions of the rule that protect the environment and waters of the state from harm due to contamination by fertilizer. Some current rule provisions are no longer needed and could be eliminated. The department may also renumber or reorganize the rules, as necessary.
The department is also proposing to update a number of closely related rules, including ch.
ATCP 33 (Pesticide Bulk Storage) and ch.
ATCP 35 (Agricultural Chemical Cleanup Program). The department has prepared separate scope statements for the other rules.
Policy alternatives
Do nothing. By failing to strengthen the rules requiring environmental protection, the department will continue to lack the legal redress to ensure that bulk storage facility operators take the necessary action to limit or eliminate contamination due to fertilizer.
Statutory authority
The department proposes to modify the current ch.
ATCP 32 fertilizer bulk storage rules under authority of s.
94.645 (3), Stats.
Staff time required
The department estimates that it will use approximately 0.2 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussion, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Pesticide Bulk Storage.
Objective of the rule. Update ch.
ATCP 33 pesticide bulk storage rule to prevent pesticide spills and reflect changing pesticide bulk storage practices. Reorganize and clarify ch.
ATCP 33 to make it easier for persons storing bulk pesticide to understand and comply with the applicable requirements.
Policy analysis
The ch.
ATCP 33 pesticide bulk storage rule took effect in January, 1986. The department proposes to update the rule to address a minor number of changes in the bulk storage industry and to strengthen existing provisions of the rule that protect the environment and waters of the state from harm due to contamination by pesticides. Some current rule provisions are no longer needed and could be eliminated. The department may also renumber or reorganize the rules, as necessary.
The department is also proposing to update a number of closely related rules, including, ch.
ATCP 32 (Fertilizer Bulk Storage) and ch.
ATCP 35 (Agricultural Chemical Cleanup Program). The department has prepared separate scope statements for the other rules.
Policy alternatives
Do nothing. By failing to strengthen the rules requiring environmental protection, the department will continue to lack the legal redress to ensure that bulk storage facility operators take the necessary action to limit or eliminate contamination due to pesticides.
Statutory authority
The department proposes to modify the current ch.
ATCP 33 pesticide bulk storage rules under authority of s.
94.645 (3), Stats.
Staff time required
The department estimates that it will use approximately 0.2 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussion, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
The Agricultural Chemical Cleanup Program.
Objective of the rule. Revise current ch.
ATCP 35 to protect groundwater and improve the agricultural chemical cleanup reimbursement program.
Policy analysis
Ch.
ATCP 35 provides rule requirements for the agricultural chemical cleanup program under s.
94.73, Stats. Under the cleanup program, the department may order responsible persons to clean up agricultural chemical spills that may harm the environment. Persons who clean up agricultural chemical spills may qualify for state reimbursement of a portion of the cleanup costs, subject to rules specified in ch.
ATCP 35.
Ch.
ATCP 35 has been in effect since September, 1994. Some of the rule's current cost control provisions appear to be confusing, or are inadequate to ensure that responsible persons will initiate effective clean up efforts. By modifying the cleanup rules, the department hopes to increase participation in the program and reduce cleanup delays.
The department is also proposing to update a number of closely related rules, including ch.
ATCP 32 (Fertilizer Bulk Storage) and ch.
ATCP 33 (Pesticide Bulk Storage). The department has prepared separate scope statements for the other rules.
Policy alternatives
Do nothing. This would result in continued delay of certain cleanups. It would also impose unnecessary financial burdens on persons who wish to clean up contaminated sites.
Statutory authority
The department proposes to modify ch ATCP 35, Wis. Adm. Code under authority of ss.
93.07 and
94.73 (11), Stats.
Staff time required
The department estimates that it will use approximately 0.2 FTE staff time to develop these rule changes. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussion, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Subject
Review of national examination results for professional engineers.
Objective of the Rule. To eliminate the option included in s.
A-E 4.08 (7) for examinees to request a review of their national examination results.
Policy analysis
The proposed rule modification will modify Wisconsin policy and practice to be consistent with the majority of other states in the country. This will eliminate the current reciprocal problems Wisconsin candidates experience when attempting to relicense in another state. Additionally, the proposed change will result in a more secure environment for national examination materials.
