Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 29, relating to pesticide use and control.
Objective of the Rule
Update and clarify current rules regulating the distribution and use of pesticides, the licensing and certification of pesticide applicators, and the registration of pesticide products.
Policy Analysis
DATCP regulates the distribution and use of pesticides in Wisconsin, pursuant to ss.
94.67 to
94.71, Stats. State regulation supplements federal regulations administered by the U.S. Environmental Protection Agency (EPA).
Pesticide products must be registered for labeled uses with EPA, except that DATCP may register certain products without EPA registration to meet “special local needs" in Wisconsin. Pesticide products must be labeled according to federal and state law.
DATCP licenses the following entities that distribute or use pesticides in Wisconsin:
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Pesticide manufacturers and labelers.
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“Restricted-use" pesticide dealers.
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Pesticide application businesses.
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Individuals who apply pesticides as commercial applicators for hire.
•
Veterinary clinics that apply pesticides.
DATCP also certifies individual pesticide applicators for competence. Certification is required for all commercial applicators, and for farmers and other individuals who use “restricted-use" pesticides. DATCP certifies pesticide applicators in appropriate categories, based on the types of applications that they perform.
DATCP has adopted rules to regulate all of the following:
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Pesticide sales and distribution.
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Proper handling and use of pesticides.
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Storing, mixing and loading pesticides to prevent pesticide spills.
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Specialized pesticide applications such as aerial, lawn care, fumigation and chemigation applications.
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Groundwater and surface water protection.
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Worker protection.
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Notice of pesticide applications.
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Collection and proper disposal of pesticide containers and unwanted pesticides.
This rule change may make the following changes to current rules:
•
Clarify and update rules related to aquatic pesticide applications.
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Clarify and update rules related to structural pesticide applications.
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Clarify and update rules related to residential chemigation systems.
•
Clarify and update rules to ensure consistency with other rules, such as pesticide bulk storage rules under ATCP 33.
•
Make other changes to clarify and update rules.
Policy Alternatives
No change. If DATCP takes no action, current rules will remain in effect. However, the current rules are outdated and inconsistent in certain respects. This rule will address new pesticide practices and uses, and harmonize regulations that are currently somewhat inconsistent.
Statutory Authority
Comparison with Federal Regulations
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is the primary federal law governing pesticide regulation (other federal laws, such as the federal Food, Drug and Cosmetic Act, also apply). FIFRA is administered by EPA. Most pesticide products must be registered by EPA, except that states may register certain products without EPA registration to meet “special local needs." Pesticides must be registered for specific uses, and must be used according to EPA-approved label directions. States have independent authority to regulate the distribution, handling and use of pesticides, provided that they do not contradict federal regulations under FIFRA.
Entities Affected by the Rule
This rule may affect the following persons and entities, among others:
•
Pesticide manufacturers, labelers, dealers, handlers and commercial applicators.
•
Farmers.
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Homeowners and residential tenants (for example, those affected by structural pesticide applications, homeowner chemigation applications, and aquatic applications).
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.5 FTE staff annually to develop this rule. This includes time required for investigation 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 and Consumer Protection
Subject
Revises Chapter
ATCP 30 (may renumber and reorganize this rule), relating to atrazine pesticide applications.
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 groundwater-sampling results related to atrazine obtained during the past year. Reorganize current rule to accommodate any new or expanded prohibition area (PA).
Policy Analysis
DATCP must regulate the use of pesticides to assure compliance with groundwater standards under ch.
160, Stats. Groundwater standards are 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.
DATCP must prohibit atrazine uses that result in groundwater contamination levels that exceed the DNR enforcement standard under s.
160.25, Stats. DATCP must prohibit atrazine use in the area where groundwater contamination has occurred unless DATCP 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, Wis. Adm. Code, the use of atrazine is prohibited in 101 PAs (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, DATCP may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with ch.
160, Stats., DATCP must take further action to prohibit or regulate atrazine use in the areas where these wells are located. DATCP proposes to amend ch.
ATCP 30, Wis. Adm. Code to add PAs or take other appropriate regulatory action in response to any new groundwater findings.
Policy Alternatives
No change. If DATCP takes no action, current rules will remain in effect. But that will not adequately protect groundwater or meet DATCP's statutory obligations in areas (if any) where there may be new groundwater contamination findings.
Statutory Authority
