Scope statements
Agriculture, Trade & Consumer Protection
Subject
Nutrient Management on Farms.
Administrative Code Reference: Chapter
ATCP 50, Wis. Adm. Code (Existing).
Objectives of the rule. This rule may do the following:\
•
Update current nutrient management standards for farms. This rule may substitute, for current nitrogen-based standards, new phosphorus- and nitrogen-based standards adopted by the Natural Resources Conservation Service of the United States Department of Agriculture (NRCS).
- Make other clarifications and updates as necessary.
This rule is related to livestock facility siting rules that DATCP is required to adopt under
2003 Wis. Act 235. DATCP is publishing a separate scope statement for the livestock facility siting rules, and will coordinate the 2 rulemaking proceedings to maintain consistency.
Policy analysis
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 that comply with the nitrogen-based NRCS nutrient management standard 590 dated March, 1999. NRCS is currently revising its standard. NRCS will likely adopt a new standard, based on phosphorus and nitrogen, in late 2004. DATCP must initiate rulemaking by January 1, 2005 to adopt the new NRCS standard if NRCS has adopted the new standard by that date (see ATCP 50.04 (3) (e) 5., Wis. Adm. Code).
Nutrient management plans may not recommend nutrient applications that exceed amounts required to achieve crop fertility levels recommended by the University of Wisconsin-Extension. Current rules provide certain exemptions. This rule may update and clarify those exemptions.
Under current and proposed NRCS standards, the nutrient content of manure must be determined by laboratory analysis or standard tables. Under current rules, DATCP must certify laboratories that conduct soil analysis, but not laboratories that analyze manure. This rule may require certification of laboratories that analyze manure for purposes of nutrient management on farms.
Policy Alternatives:
If DATCP takes no action, current nutrient management rules will remain in effect. The current rules will soon be outdated, and will not adequately address nonpoint pollution concerns related to phosphorus. State and federal standards will not be consistent.
Comparison to federal regulations
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).
NRCS has adopted nutrient management standards for livestock operations. NRCS does not enforce these as mandatory standards, except for operations that receive cost-share funding from NRCS. However, EPA and the Wisconsin DNR incorporate NRCS standards as mandatory standards for animal feeding operations that are required to hold “point source" pollution discharge permits under the federal Clean Water Act. NRCS will likely adopt a new standard, based on phosphorus and nitrogen, in late 2004.
DNR is currently revising its rules for animal feeding operations that are required to hold “point source" pollution discharge permits from DNR (including concentrated animal feeding operations with 1,000 animal units or more). The new DNR rules will likely incorporate new NRCS nutrient management standards, based on phosphorus and nitrogen, by December 31, 2006.
EPA requires states to identify “impaired" waters that are not expected to achieve water quality standards after implementing required “point source" controls. States must establish allowable levels or total maximum daily loads (TMDLs) for non-point source pollutants, such as sediment and phosphorus, to meet water quality standards in these impaired waters. DNR has identified “impaired" waters in Wisconsin. Under current DATCP rules, DATCP nutrient management requirements first apply to cropland located in “impaired" watersheds on January 1, 2005 and to existing cropland in other areas on January 1, 2008.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes time required for planning and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Agriculture, Trade & Consumer Protection
Subject
Standards for Siting and Expanding Livestock Facilities.
Administrative Code Reference: Chapter
ATCP 51, Wis. Adm. Code (new).
Policy analysis
•
It requires DATCP to adopt, by rule, standards for the siting or expansion of livestock facilities in this state. DATCP must develop the rules in consultation with a committee of experts appointed by the DATCP Secretary. The DATCP rules may incorporate by reference (and may not conflict with) existing rules related to soil and water conservation, animal waste management and water pollution control. The DATCP rules may also include other standards, as appropriate. DATCP must consider whether the standards (other than the existing standards that are incorporated by reference) are all of the following:
- Protective of public health or safety.
- Practical and workable.
- Cost-effective.
- Objective.
- Based upon peer-reviewed scientific information.
- Designed to promote the growth and viability of animal agriculture.
- Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.
- Usable by local officials.
•It requires local governments (counties, towns, cities and villages) to apply state standards (adopted by DATCP) when granting or denying approval for the siting or expansion of livestock facilities (there are some exceptions). A local government must make a record indicating the basis for its decision. DATCP must adopt rules that spell out all of the following:
- The information that a livestock operator must include in an application for approval, in order to demonstrate that the proposed siting or expansion complies with applicable state standards.
- The information and documentation that a local government must include in its decisionmaking record.
•It creates a livestock facility siting review board with authority to review local decisions for compliance with state standards.
•Establish standards for the siting and expansion of livestock facilities in this state.
•Spell out information that a livestock operator must include in an application for approval, in order to demonstrate that the proposed siting or expansion complies with applicable state standards.
•Spell out information and documentation that a local government must include in its decisionmaking record.
•Include other provisions, if any, that are needed for the implementation of
2003 Wis. Act 235.
DATCP must submit a hearing draft rule to the Legislative Council Rules Clearinghouse no later than the first day of the 12th month following the April 28, 2004 effective date of Act 235. DATCP proposes to adopt and publish a final draft rule by the date on which key portions of Act 235 are scheduled to take effect (18 months after the April 28, 2004).
Policy alternatives
Act 235 requires DATCP to adopt rules as described in this scope statement (rulemaking is essential for the implementation of Act 235). DATCP has some discretion related to the content of the rules. DATCP has not yet determined the rule contents, but will consider policy options in consultation with an expert advisory panel. DATCP will also consult with the advisory committee that recommended the provisions contained in Act 235.
Comparison to federal regulations
This rule may affect animal feeding operations that the Department of Natural Resources (DNR) regulates under authority delegated to DNR under the federal Clean Air Act and Clean Water Act.
Under the Clean Air Act, DNR may require animal feeding operations to meet air quality standards and take certain actions to control air emissions. To the extent that the DATCP rule addresses air quality, it will likely focus on odor and dust management rather than air pollutants that are the subject of Clean Air Act regulations. The DATCP rule may indirectly affect the emission of air pollutants that are subject to Clean Air Act regulation.
Under the Clean Water Act, DNR may regulate all animal feeding operations with 1,000 or more “animal units" by permit, as pollution “point sources." DNR may regulate animal feeding operations with fewer than 1,000 “animal units" in certain situations. The DATCP livestock siting rule will not conflict with Clean Water Act regulations related to operations regulated by DNR.
