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Crop consultants and other professional planners, farm supply and service businesses, soil test laboratories, and manure-haulers. This proposed rule will minimally increase the demand for entities that provide cropland related services to farmers. It will require more extensive services from professional nutrient management planners who must help farmers implement a more complicated nutrient management plan. Only third-party planners qualified under Wis. Admin. Code § ATCP 50.48 may prepare nutrient management plans for livestock operations permitted under the siting rule. These consultants must understand and follow record keeping requirements related to soil types, soil tests, crop nutrient requirements including University of Wisconsin recommendations, nutrient applications, nutrient contents of manure, nutrient application scheduling, and other matters related to nutrient management. This rule will not necessarily change the demand for manure hauling services, but may increase demand for soil testing. Nutrient management plans must be based on soil tests conducted by certified laboratories.
Agricultural engineering and construction contractors. This proposed rule will marginally increase demand for engineered conservation practices. Operators of new and expanded livestock facilities may need more engineered solutions to deal with runoff from animal lots and feed storage. Operators of expanded livestock facilities will need engineering expertise to demonstrate that existing structures meet technical standards and to design modifications for structures to bring them into compliance.
Lenders. This proposed rule will benefit lenders working with livestock facilities that are subject to local regulation of new and expanded livestock facilities. In addition to removing the uncertainties related to local permitting, lenders will benefit by gaining greater security on their farm loans because livestock operations will meet standards that protect against environmental problems and avoid nuisance complaints based on odor.
Recordkeeping and New Skills Required for Non-Farm Businesses
This rule revision does not directly trigger increased reporting, bookkeeping or other procedures for non-farm businesses.
Business professionals will need to enhance their skills to help farmers implement the siting standards; however, these professionals will likely take these actions for reasons other than this rule. Engineers and nutrient management planners must keep pace with the latest technical standards to meet the needs of customers and protect themselves from liability. As noted previously, the rule changes will make standards consistent across government programs, making it inevitable that these professionals stay current. Moreover, certain professionals such as engineers and certified crop advisors are required to update their skills to retain their registration or certification.
Reporting, Bookkeeping and other Procedures
To the extent that this rule requires reporting, bookkeeping or other procedures, the Department’s analysis is included in the prior sections covering impacts on farmers and non-farm businesses.
Professional Skills Required
To the extent that this rule requires changes in professional skills, the Department’s analysis is included in the prior sections covering impacts on farmers and non-farm businesses.
Accommodation for Small Business
The Department has taken actions to identify compliance and reporting effects of these rule changes, including securing feedback from members of stakeholder groups (which included small business owners and organizations) and a technical advisory committee of professional who work with farms of all sizes. Regarding the group most significantly impacted, non-CAFOs, the rule includes accommodations previously described in the section summarizing the overall impacts on livestock operations.
Conclusion
This rule will have no more than a moderate impact on farmers, including “small businesses.” To a limited extent, increased costs for non-CAFOs will be offset by the benefits from changes to the proposed rule, including permit modifications and protections against unfair use of completeness determinations. Other businesses may slightly benefit from these rule changes.
APPENDIX A: Estimate of Annual Costs Triggered by Siting Rule Changes over 10 Year Period
Standard
Annual Costs
Under 1000 Animal Units
(gray shading=no cost)
Over 1000 Animal Units
(gray shading=no cost)
Odor Management-New and expanded facilities
$3,150-
$37,500
The change in setbacks and odor management will not require many farms to add additional practices; however, 10 facilities will need to install a practice related to manure storage. The estimated costs will range between:
Low: Windbreak-$3,150 ($4.50/ft @ 700 ft)
High: Cover-$37,500.00 ($.75/sq. ft. x 50,000 sq ft)
There is no cost associated with odor management plans, if required, since they can be prepared by landowners and do not mandate practices.
None of the facilities should incur additional costs to comply with the change in setbacks and odor management for the following reasons:
A number of livestock facilities do not need odor control practices to meet the setback requirements.
The livestock facilities would have had to install one or more odor practices to earn passing score under the previous odor standard.
Upgrade of Nutrient Management Plans
$9,000
25 livestock facilities will be directly impacted since they are not required by other laws or program participation (e.g manure storage ordinances or FPP tax credits) to follow the upgraded standard. Based on average of 800 animal units and 1200 acres of spreadable land, each of these facilities will spend $3 per acre more to comply or $3,600 per operation.
Required under CAFO permit and therefore no additional costs based on the siting rule
Waste Storage
$0
No changes to this standard, and no new costs associated with clarification of evaluation procedures.
Required under CAFO permit and therefore no additional costs based on the siting rule.
Waste Storage-Closure
$12,000-$20,000
8 livestock facilities must spend between $15,000 and $25,000 to close substandard structures.
Required under CAFO permit and therefore no additional costs based on the siting rule.
Animal Lot RunoffNew or substantial altered
$$100,000-$
125,000
10 livestock facilities will need to meet the new runoff standards for new lots, and the estimated costs for a 10,000 square foot lot will range between:
Low: Roof to divert water-$100,000
High: New or expanded storage to hold runoff-$125,000
Required under CAFO permit and therefore no additional costs based on the siting rule.
Animal Lot RunoffExisting
$9,900-$46,200
33 (60 percent of 55) livestock facilities must add practices to pass the barnyard evaluation, and estimated upgrade costs for a 10,000 square foot lot will range between:
Low: Clean water diversion-$3,000 for berm
High: Roof gutters at $10,000 and VTA improvement at $4,000.
No costs attributed to management changes such as added cleaning.
Required under CAFO permit and therefore no additional costs
Feed Storage-Pad and Runoff collectionNew and expanded bunkers, paved areas and related structures but not bags
$860,810
35 livestock facilities must meet new standard, but 10 will qualify for the lower cost option based on 1 acre of feed storage, and 30 must meet higher standards based on 2.5 acres of feed storage.
10 facilities would incur an additional $43,560 ($1.00 per sq ft. more based on 1 acre) to upgrade their pad surface compared to requirements in the previous rule, and $20,000 to collect and pump leachate.
25 facilities would incur an additional $108,900 ($1.00 per sq ft. more based on 2.5 acres) to upgrade their pad surface compared to the requirements in the previous rule and $210,000 to add storage to collect leachate and runoff from 2.5 acres of feed storage.
Required under CAFO permit and therefore no additional costs based on the siting rule.
Feed StorageExisting bunkers, paved areas and related structures but not bags
59,800
Livestock facilities will incur the following costs to evaluate and upgrade their existing facilities:
55 livestock facilities will incur costs engineering evaluation of storage at $600 per evaluation.
20 facilities must install clean water diversion at $2,000 each.
35 facilities must spend $15,000 each to enhance their system to collect runoff from feed storage over 1 acre.
Required under CAFO permit and therefore no additional costs based on the siting rule.
Other Runoff Control Standards
0
Managing milkhouse wastewater should not incur additional costs. Nor are there additional costs to comply with the tillage setback. By complying with the NRCS 590 standard, operations will control soil erosion to T and meet the Phosphorus Index.
Required under CAFO permit and therefore no additional costs based on the siting rule.
Annual Costs
$1,054,660-$1,158,310
Ten year Costs
$10,546,600-$11,583,100
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