STATEMENT
OF
SCOPE
Department
of
Natural
Resources
Rule No:
WT-15-16
Relating to:
Runoff
Management
and
Nonpoint
Source
Performance
Standards and
Concentrated
Animal
Feeding
Operation
(CAFO)
rule
revisions
to
incorporate
by reference to those performance standards
Rule Type: Permanent
1.
Finding/nature
of
emergency
(
Emergency Rule
only):
The
rules
will
be
proposed
as
permanent
rules.
2.
Detailed
description
of
the
objective
of
the
proposed
rule:
The
purpose
of
the
proposed
revisions
to
ch.
NR
151
,
Wis.
Adm.
Code,
and
limited
incorporation
by
reference
of
those proposed
revisions
to
ch.
NR
243
,
is
to
establish
agricultural
nonpoint
source
performance
standards targeted to
abate
nonpoint
source
pollution
in
areas
of
the
state
with
shallow
soils
overlaying fractured
bedrock
(sensitive
areas).
Pursuant
to
s.
281.16(3
)(
a)
,
Stats.,
the
Department
of
Natural
Resources
is
directed
to
promulgate
by
rule
nonpoint
source performance
standards
and prohibitions
that
are
designed
to
comply
with
state
surface
water
quality
standards
and
ground
water
standards.
Where
statewide
nonpoint
source
performance
standards
have
been
substantially
implemented,
they
have
not
proven
sufficient
to
achieve
groundwater
or
surface
water standards
in
these
areas.
The
department
has
found
that
groundwater
and
surface
water
standards
will
not
be
attained
by
simply
implementing
the
statewide
performance
standards
and
prohibitions
in
sensitive areas
(karst
geology
with
shallow
soils)
and
that
targeted
performance
standards
are
necessary
to
attain
groundwater
and
surface
water
standards.
The
rule
revisions
will
include
a
definition
of
the
targeted
sensitive
areas,
and
establishment of
nonpoint
performance
standards
that
may
apply
to
these
areas.
Standards
may
include: reduced manure
spreading
rates;
incorporation
and
injection
requirements;
fertilizer
and
manure
application
timing
requirements;
emergency spreading
restrictions;
manure
pathogen
reduction
requirements;
soil
map depth
verification;
manure
and
fertilizer
setback
requirements
from
public
and
private
wells
and
from
direct
conduits
to
groundwater;
referencing
the
newly
promulgated
federal
technical
standards
(e.g.,NRCS
Tech.
Std. 590);
and
additional
changes
that may
be
considered
to
provide
sufficient
standards to
achieve
groundwater
and
surface
water
standards in
the
defined
targeted areas.
3.
Description
of
the
existing
policies
relevant
to
the
rule,
new
policies
proposed
to
be
included
in the
rule,
and
an
analysis
of
policy
alternatives:
The
current
ch.
NR
151
was
originally
promulgated
in
2002
and
revised
in
2010.
It
contains
statewide
performance
standards
and
prohibitions
for
agricultural
and
nonagricultural
facilities
designed
to
achieve
surface
water
quality
standards
and
groundwater
standards.
Section
NR
151.004
provides
for
targeted
performance
standards
to
be
created
if
the
statewide
standards
prove
insufficient
to
achieve
surface
water
quality
standards
or
groundwater
standards
in
targeted
areas.
Concerns
have
been
expressed
regarding
the
adequacy
of
the
statewide
standards
to
achieve
surface
water
quality
and
groundwater
standards
in
karst
areas
with
shallow
soils
-
specifically
in
Kewaunee
and
adjacent
counties.
However,
karst
areas
with
limited
soil
depths
are
found
throughout
the
state,
and
the
target
standards
are
intended
to
apply
wherever
the
defined
targeted
areas
occur.
The
department
has
been
meeting
in
work
groups
with
stakeholders
and
federal,
state
and
local
agencies
to
address
these
concerns
since
August
2015.
The
work
groups
have
developed
a
series
of
recommendations
regarding
policies
and
practices
for
targeted
areas
to
better
address
these
concerns.
In
addition,
the
department
has
been
conducting
a
research
study
of
the
wells
in
Kewaunee
county
to
obtain
additional
scientific
information
and
data
that
will
assist
in
the
development
of
recommendations
and
proposed
practices.
In
order
to
provide
consistency
and
ensure
that
groundwater
standards will
be
achieved,
the
department
will
revise
ch.
NR
243
to
incorporate
these
performance
standards
by
reference
.
The
Department
of
Agriculture,
Trade
and
Consumer
Protection
(DATCP)
has
the
authority
to
promulgate
technical
standards
and
conservation
practices
to
implement
the
performance
standards.
4
.
Detailed
explanation
of
statutory
authority
for
the
rule
(including
the
statutory
citation
and
language):
Section
227.11
(2)
(a)
(intro.)
,
Stats.,
provides
that
a
state
agency,
"may
promulgate
rules
interpreting
the
provisions
of
any
statute
enforced
or
administered
by
the
agency,
if
the
agency
considers
it
necessary
to
effectuate
the
purpose
of
the
statute.''
subject
to
certain
restrictions.
Section
281.16
(3)
(a)
,
Stats.,
requires
the
department
to
promulgate
rules
prescribing
performance
standards
and
prohibitions
for
agricultural
facilities
and
agricultural
practices
that
are
nonpoint
sources.
The
performance
standards
and
prohibitions
shall
be
designed
to
achieve surface
water quality
standards
and
groundwater standards
by
limiting
nonpoint
source
pollution.
Under
s.
281.16
(3)
(e)
,
Stats.,
an
existing
facility
is
not
required
to
comply
with
the
agricultural
performance
standards
or
prohibitions
unless
cost
sharing
is
made
available.
Section
281.16
(3)
(e)
,
Stats.,
states
that
the
department
shall
promulgate
criteria
for
determining
whether
cost
sharing
is
available
under
s.
281.65
.
Section
281.65
(1
),
(4
)(e)
and
(8),
Stats.,
provides
authority
for
the
department
to
promulgate
rules
regarding
eligible
costs
related
to
compliance
with
agricultural
nonpoint
source
performance
standards,
specifications
and
best
management
practices.
Section
283.13
(5)
,
Stats.,
provides
authority to
include
more
stringent
limitations
in
permits
when
necessary
to
meet
water
quality
standards
or
other
federal
or
state
requirements.
Section
283.31
,
Stats.,
provides
authority
to
include
terms
and
conditions
in
a
permit
to
comply
with
water
quality
standards,
ground
water
standards
and
federal
requirements.
5
.
Estimate
of
amount
of
time
that
state
employees
will
spend
developing
the
rule
and
of
other
resources
necessary
to
develop
the
rule:
It
is
estimated that
department
employees
will
spend
approximately
3,000
hours
developing
this
rule.
6
.
List
with
description
of
all
entities
that
may
be
affected
by
the
proposed
rule:
Entities
affected
by
this
rule
include:
agricultural
producers;
manure
haulers;
certified
crop
advisors;
agricultural
cooperatives
and
fertilizer
sellers;
county
land
conservation
departments;
the
Wisconsin
Department
of
Agriculture,
Trade
and
Consumer
Protection;
rural
residents
with
private
wells;
and
users
of
community
and
non-community
wells
in
agricultural
areas
including
business
employees
and customers.
7
.
Summary
and
preliminary
comparison
with
any
existing
or
proposed
federal
regulation
that
is
intended
to
address
the
activities
to
be
regulated
by
the
proposed
rule:
The
Natural
Resources
Conservation
Service
(NRCS),
a
component
of
the
US
Department
of
Agriculture,
develops
technical
standards
that
apply
to
agricultural
facilities
and
practices.
These
standards
are
not
regulatory,
but
may
be
required
for
agricultural
producers
to
qualify
for
federal
grant
or
cost-share
assistance
and
to
qualify
for
tax
credits
through
the
state
Farmland
Preservation
Program.
Applicable
NRCS
technical
standards
are
incorporated
in
ch.
NR
151
by
reference,
and
this
revision
proposes
to
update
these
references
as
necessary
to
ensure
consistency
with
federal
technical
standards
.
8
.
Anticipated
economic
impact
of
implementing
the
rule
(note
if
the
rule
is
likely
to
have
a
significant
economic
impact
on
small
businesses):
It
is
estimated
that
the
economic
impact
of
this
rulemaking
would
be
"moderate"
(between
$50,000
and
$20
million
per
year,
combined
for
all
impacted
stakeholders).
It
will
have
an
impact
on
small
business,
especially
agricultural
producers,
and
supporting
businesses
.
8.
Anticipated
number
,
month
and
locations
of
public
hearings:
The
Department
anticipates
holding
two
public
hearings
in
the
spring
of
2017
with
the
added
ability
to
broadcast
the
hearing
to
satellite
viewing
locations.
Hearing
cities
or
satellites
will
be:
Luxemburg,
Manitowoc,
West
Bend,
Madison,
Lacrosse
and
River
Falls.
Contact
Person:
Mary
Anne
Lowndes
(608)
261-6420
