Wisconsin Legislature: Text

In cost-share transactions to date, nearly all farmers have chosen the flat-rate ($7 per acre) payment. If farmers need additional acres to landspread manure (as many will under a phosphorus standard), the total cost-share payment will increase accordingly (even if the rate per acre does not change). The limited availability of state cost-share funds will limit actual enforcement of nutrient management requirements. Available funds will be allocated among fewer operations.

Some livestock operators must comply with nutrient management requirements under other applicable law, regardless of cost-sharing (and regardless of whether DATCP nutrient management rules would otherwise apply prior to 2008). These include:

• Operators who need a point source pollution discharge permit under NR 243 (mainly operations over 1,000 animal units).

• Operators who need a permit, under a local manure storage ordinance, for a voluntarily constructed manure storage facility (see current ATCP 50.54 (2) (b)).

• Operators who need a local permit for a new or expanded livestock facility with 500 or more “animal units," according to DATCP's proposed livestock facility siting rule (not this rule).

For more information contact DATCP small business regulatory coordinator Dennis Fay at (608) 224-5031 or email at dennis.fay@datcp.state.wi.us.

Federal Regulations

The federal government does not regulate nutrient management on farms except that, under the federal Clean Water Act, certain concentrated animal feeding operations are subject to federal regulation as water pollution “point sources." DNR regulates these operations by permit, under authority delegated from the United States Environmental Protection Agency (EPA).

NRCS is proposing updated nutrient management standards based on phosphorus as well as nitrogen. NRCS does not enforce its standards as mandatory standards, except for operations that receive cost-share funding from NRCS. However, DNR and DATCP have incorporated these federal standards in state nutrient management rules. DATCP is proposing to incorporate updated NRCS standards in this rule.

Adjacent State Regulations

Surrounding states regulate nutrient management in a variety of different ways. Most of the states regulate phosphorus, as well as nitrogen. A description of other state programs is found in the plain language analysis that accompanies this rule.

Businesses Affected

Those effected are small businesses, as defined by s. 227.114 (1) (a), Stats.

This rule will have a substantial impact on agricultural producers as discussed above in the Business Impact section. In addition, this rule may increase farmer demand for services provided by the following businesses:

• Nutrient management planners.

• Soil and manure testing laboratories.

• Manure haulers.

• Construction contractors and conservation planners (practices to reduce soil erosion).

This rule will likely reduce sales of commercial phosphorus fertilizers, but may increase sales of commercial nitrogen fertilizer to meet crop needs (where manure applications are curtailed because of phosphorus constraints).

Reporting, Recordkeeping and Other Procedures Required for Compliance

Reporting and recordkeeping requirements of the NRCS nutrient management standard are stated above in the Rule Content section. Current DATCP rules incorporate an outdated version (March, 1999) of the NRCS nutrient management standard. This rule incorporates an updated NRCS standard. A nutrient management plan (if required) must adhere to the following provisions in the new standard (many, but not all, of these provisions already apply under the current standard).

The updated NRCS standard requires field features to be identified on maps or aerial photos in the plan. These features include field boundary, soil type, field identification, areas prohibited from receiving nutrients such as surface water, grassed waterways, sinkholes, land where vegetation is not removed, areas within 50 feet of a potable drinking well, and fields eroding at a rate exceeding tolerable soil loss (T). Other field features to be identified on maps are areas restricted from receiving winter nutrient applications. These areas are slopes greater than 12% and slopes greater than 9% that are not contoured, surface water quality management areas (land within 1,000 feet of lakes and ponds or within 300 feet of perennial streams), and areas within 200 feet upslope of direct conduits to groundwater.

All farmers required to have a nutrient management plan, will need to maintain planned and applied records for each fields nutrient application rates, timing, and methods of all forms of N, P, and K listed in the plan and consistent with UW Publication A 2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops, and the 590 standard. This procedure is already required under the current rule.

A single phosphorus assessment of either the Phosphorus Index or soil test phosphorus management strategy must be uniformly applied to all fields within a tract.

Professional Skills Required to Comply

The proposed changes affect how nutrients, particularly phosphorus can be applied to fields. This rule may require moving manure to fields testing lower in phosphorus. However, phosphorus applications can still occur on fields testing excessively high for phosphorus if they are 25% less than the crop rotation's phosphorus removal over a 4 year period. Because nutrient management planning involves crop rotations, crop nutrient removal, and the predicted soil erosion levels of these crop rotations, nutrient management planners need an understanding of conservation planning and soil fertility management.

While anyone can develop nutrient management plans if they are knowledgeable, adoption of nutrient management planning on individual farms will in some cases require assistance. Training for producers, agronomists, and conservation staff has been provided by University of Wisconsin Extension personnel and agency staff in the past. In recent years, many farmers have been using crop consultants to plan and recommend nutrient applications. The department anticipates these information sources will continue to be used as the primary sources of information for crop producers.

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 05-014]

The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") announces that it will hold public hearings on a proposed rule (ATCP 51) to implement Wisconsin's Livestock Facility Siting Law (s. 93.90, Stats.). DATCP will hold the hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on this proposed rule. DATCP will manage oral testimony to ensure that everyone has an opportunity to speak.

DATCP will hold these hearings in conjunction with hearings on another rule (ATCP 50), relating to nutrient management. This livestock siting rule (ATCP 51) incorporates the same nutrient management standards proposed in that other rule. DATCP has issued a separate notice of hearing on the nutrient management rule.

Following the public hearing, the hearing record will remain open until April 7, 2005, for additional written comments. Written comments should be sent to the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management attention Dilip Patel, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708. Written comments can be submitted via email to Dilip.Patel@datcp.state.wi.us.

You may obtain a free copy of the proposed rule, and supporting documents such the environmental assessment, by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4608 or 224-4610 or emailing Dilip.Patel@datcp.state.wi.us or Richard.Castelnuovo@datcp.state.wi.us. Copies will also be available at the hearings. To view this proposed rule online, go to:

http://www.datcp.state.wi.us/core/environment/land-water/siting_rule.html

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by February 28, 2005, by writing to Dilip Patel, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4610. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.

Hearings with location information:

Date: Monday, March 14, 2005

Location: Fort Community Credit Union

100 N. Main St.

Jefferson, WI 53549