Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection ("DATCP") announces that it will hold a public hearing on a rule change to Appendix A of Ch.
ATCP 30
, relating to pesticide product restrictions map updates. DATCP proposes to create updated maps in Appendix A (Atrazine Prohibition Areas) using modern technology.
Hearing Information
DATCP will hold a public hearing at the date and location shown below.
Date:
Tuesday, November 8, 2011
Time:
3:00-4:00 P.M.
Location:
Department of Agriculture, Trade and
Consumer Protection
Conference Room 266
2811 Agriculture Drive
Madison, WI 53718
Hearing-impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by
November 4, 2011
, by writing to Claire Fried, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, by emailing to
Claire.Fried@wisconsin.gov
, or calling (608) 224-4523. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearing.
Appearances at the Hearing and Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the proposed rule. Following the hearing, the hearing record will remain open until Tuesday,
November 15, 2011
, for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address above, or by email to
Rick.Graham@wisconsin.gov
, or to
https://health.wisconsin.gov/admrules/public/Home
.
To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@wisconsin.gov
, or calling (608) 224-5039.
Copies of Proposed Rule
You may obtain free copies of the proposed rule 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 53708-8911. You may also obtain copies by calling (608) 224-4502 or emailing
Rick.Graham@wisconsin.gov
. Copies will also be available at the hearing. To view the proposed rule online, go to
https://health.wisconsin.gov/admrules/public/Home
.
Analysis Prepared by Department of Agriculture, Trade and Consumer Protection
In order to protect Wisconsin groundwater, the Department of Agriculture, Trade and Consumer Protection ("DATCP") administers rules concerning atrazine pesticide application rates. The current rules prohibit atrazine applications in areas where groundwater contamination levels attain or exceed state enforcement standards adopted by the Department of Natural Resources ("DNR"). Based on advancements in computer mapping software introduced since the rule was first promulgated in 1991, this rule updates existing maps in Ch.
ATCP 30 Appendix A
("Atrazine Prohibition Areas").
Statutes interpreted
Statutory authority
Explanation of statutory authority
DATCP has broad authority, under s.
93.07 (1)
, Stats., to adopt rules to implement programs under its jurisdiction. DATCP has authority to adopt pesticide rules under s.
94.69 (1)
, Stats. Under ss.
160.19 (2)
and
160.21 (1)
, Stats., DATCP must regulate pesticide use, as necessary, to prevent groundwater contamination and restore groundwater quality.
Related rules or statutes
Under the state groundwater law, ch.
160
, Stats., DATCP must regulate pesticide use as necessary to prevent groundwater contamination and restore groundwater quality. DATCP has adopted general rules for its groundwater protection program under ch.
ATCP 31
, Wis. Adm. Code. DNR has adopted groundwater enforcement standards and preventive action limits for atrazine and its metabolites under ch.
NR 140
, Wis. Adm. Code.
This rule is consistent with the state groundwater law (ch.
160
, Stats.) and DATCP's general groundwater protection rules (ch.
ATCP 31
, Wis. Adm. Code), and is designed to attain compliance with the groundwater enforcement standards and preventive action specified by DNR rules (ch.
NR 140
, Wis. Adm. Code).
Background
Atrazine is a widely used agricultural herbicide that has been found in groundwater throughout the state. Current DATCP rules under ch.
ATCP 30
, Wis. Adm. Code, limit atrazine application rates to half the current federal label rate. The current rules also prohibit the use of atrazine where atrazine contamination of groundwater has attained or exceeded the state groundwater enforcement standard under ch.
NR 140
, Wis. Adm. Code.
Current rules prohibit atrazine use in approximately 100 designated prohibition areas, including in the lower Wisconsin River Valley and much of Dane and Columbia Counties. Within an Atrazine Prohibition Area, atrazine may not be applied. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface that complies with s.
ATCP 29.45
, Wis. Adm. Code.
Rule content
This rule will update existing maps in Ch.
ATCP 30
, Wis. Adm. Code Appendix A ("Atrazine Prohibition Areas"). These maps show areas where use of atrazine is prohibited because testing of local groundwater for the pesticide atrazine indicates that state standards have been attained or exceeded.
DATCP is
not adding to or changing
any of the current Atrazine Prohibition Areas on any of the maps in Appendix A. Maps presently being used contain surface features that require updating, such as new roadways, modified street names, and other features that are mapped. Moreover, current mapping software allows for reliance of data from numerous sources to provide for improved accuracy in mapping. The maps in this rule have been created within the last year and provide more accurate, up-to-date maps of the same Atrazine Prohibition Areas than are presently in ATCP 30 Appendix A.
Summary of, and comparison with, existing or proposed federal regulations
Under the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") and implementing regulations, pesticides and pesticide labels (submitted by pesticide manufacturers)
must be approved and registered
with the Environmental Protection Agency ("EPA"). Pesticide labels are required to provide detailed information stating how to use the pesticide products in a safe and legal manner. Pesticide labels must carry a statement indicating that it is a violation of law to use the product in a manner inconsistent with its labeling. Under FIFRA, states are permitted to have stricter requirements regarding pesticide use than those on the federally approved label.
Atrazine product labels approved by EPA under FIFRA establish an application rate of use ("label rate") depending on factors such as crop type, timing of crop emergence, and erodibility of soils. Some approved atrazine labels indicate that atrazine has been found in groundwater and advise the user to avoid applying atrazine to sandy and loamy sand soils where groundwater is close to the surface and soils are very permeable. EPA classifies products containing atrazine as "restricted use" pesticides due to ground and surface water concerns.
EPA does not require the establishment of prohibition areas for atrazine in its regulations. Wisconsin establishes and maps prohibition areas based on groundwater data that documents atrazine presence in groundwater above state groundwater enforcement standards.
Surrounding states regulations
Wisconsin's maximum atrazine application rates are set by administrative rule at about half the rates normally allowed under the federal label. Neighboring states are not required to map Atrazine Prohibition Areas in its regulations. Neighboring states' regulations relating to atrazine prohibitions are as follows:
•
Iowa restricts atrazine application rates to half the federal label rate in 23 counties (7 with county-wide restrictions and 16 with restrictions in some townships).
•
Minnesota has a program of voluntary use limitations when surface water or groundwater contamination exceeds a level of concern. This program suggests pesticide use restrictions or "best management practices" will reduce surface water or groundwater contamination.
•
Illinois and Michigan have no atrazine regulations.
Business Impact
This rule will have a positive impact on the Wisconsin agricultural community because the rule revises maps that are becoming outdated due to the passage of time. Using updated maps that contain correct street names, new roadways, and other mapped features will reduce confusion for users of atrazine and make it easier to prevent the inadvertent applications of that pesticide where it is prohibited due to its detection in groundwater.
Accommodations for small businesses
This rule does not have any significant adverse impact on small business, so there is no special accommodation for small business needed under this rule.
Small business regulatory coordinator
DATCP's small business regulatory coordinator is Keeley Moll, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911,
Keeley.Moll@wisconsin.gov
, (608) 224-5039.
Conclusion
This rule will assist the agricultural community, including many small businesses, by providing improved, updated maps to maintain an established pesticide use program. This rule will have no adverse impact on affected businesses. Because this rule has no significant adverse impact on small business, it is not subject to the small business delayed effective date under s.
227.22 (2) (e)
, Stats.
Fiscal and Economic Impact
There will be no additional costs or economic impact to any other state agencies, local governments, or the private sector.
Environmental Impact
This rule will not have any adverse environmental impacts.
DATCP Contact
Questions and comments (including hearing comments) related to this rule may be directed to:
Rick Graham
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4502
E-Mail:
Rick.Graham@wisconsin.gov
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X
Original Updated Corrected
|
Administrative Rule Chapter, Title and Number
|
Ch. ATCP 30, Pesticide Product Restrictions Appendix A ("Atrazine Prohibition Areas")
|
Subject
|
Updating the Maps in Ch. ATCP 30 Appendix A Using Computerized Mapping Technology
|
Fund Sources Affected
|
Chapter 20, Stats. Appropriations Affected
|
GPR FED PRO PRS
X
SEG SEG-S
|
20.115 (7) (r), Stats.
|
Fiscal Effect of Implementing the Rule
|
X
|
No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
|
Increase Costs
X
Could Absorb Within Agency's Budget
Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
State's Economy
Local Government Units
|
Specific Businesses/Sectors
Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes
X
No
|
Policy Problem Addressed by the Rule
|
Chapter ATCP 30 of the Wisconsin Administrative Code describes prohibitions on pesticide use. Appendix A to ch. ATCP 30 consists of maps that show Atrazine Prohibition Areas where atrazine currently may not be applied as a pesticide, primarily due to the fact that groundwater samples tested in those areas have attained or exceeded a regulatory standard under ch. NR 140, Wis. Adm. Code.
DATCP is
not adding to or changing
any of the current Atrazine Prohibition Areas on any of the maps in Appendix A. This rule merely replaces existing (in many cases outdated) maps with updated maps that have been created in the past year using computerized mapping technology. Because the maps in this proposed rule are current and more accurate (containing changes such as roadways that have been added since the existing maps were made, modified street names, and adjustments to other surface features shown on maps), the possibility of inadvertently using atrazine within an Atrazine Prohibition Area is less likely to occur.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
There will be no economic or fiscal impact.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
An alternative to the rule is to do nothing. Implementing the rule will decrease the possibility of atrazine users inadvertently using atrazine within an Atrazine Prohibition Area.
|
Long Range Implications of Implementing the Rule
|
None.
|
Compare With Approaches Being Used by Federal Government
|
Atrazine product labels approved by the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (and implementing regulations) identify the legal application rate of product use ("label rate"), depending on factors such as crop type, timing of crop emergence, and erodibility of soils. EPA does not require the establishment of prohibition areas for atrazine in its regulations.
Wisconsin's maximum atrazine application rates are set by administrative rule at about half the rates normally allowed under the federal label. Wisconsin restricts atrazine use based on the actual testing and finding of groundwater contamination in an area and then maps the areas where atrazine is prohibited. Maps are shown in Appendix A of ch. ATCP 30 of the Wisconsin Administrative Code.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
|
None of the surrounding states generates maps relating to atrazine prohibitions in its administrative rules. Relating to atrazine prohibitions: Iowa restricts atrazine application rates to half the federal label rate in 23 counties; Illinois and Michigan do not have state regulations concerning atrazine; and Minnesota has a voluntary use limitation program when surface water or groundwater contamination exceeds a level of concern.
|
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