5. Description of all entities that may be impacted by the rule:
This rule primarily affects the following entities:
• Counties, towns and municipalities that require local approval for the siting of livestock facilities. As of February 2014, the date of the last formal siting report to the ATCP Board, 24 counties, 61 towns, two cities (Berlin and Fitchburg), and two villages (Germantown and Richfield) have adopted siting ordinances.
• Livestock operators who propose to construct new or expanded livestock facilities that exceed applicable minimum size thresholds (typically 500 animal units) in counties, towns or municipalities that have adopted livestock facility siting ordinances. As of the February 2014 report, 113 livestock facilities received local permits. Nearly half of those facilities exceeded 1,000 animal units, and were therefore required to obtain a Wisconsin Pollution Discharge Elimination System (“WPDES”) permit from the Wisconsin Department of Natural Resources (“DNR”), in addition to a local siting permit.
This rule may have lesser impact on providers of products and services to livestock facilities, such as agricultural engineers and practitioners, crop consultants, construction contractors, farm supply businesses and manure haulers. This rule may increase demand for some products and services, and may require product and service providers to adapt to potential rule changes.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Nearly half of livestock operations affected by this rule are also subject to regulation under the federal Clean Water Act. Under delegated authority from U.S. Environmental Protection Agency (EPA), DNR adopted ch. NR 243, Wis. Adm. Code, to regulate water pollution discharges from livestock facilities. Under NR 243, livestock facilities with over 1,000 animal units must obtain a DNR WPDES permit. Permit holders must meet standards designed to ensure that the proposed livestock facility will not pollute surface water or groundwater. Livestock facilities that have a WPDES permit are deemed to comply with some of the Department’s standards for the issuance of local siting permits, including standards for nutrient management, waste storage facilities and runoff management (the standards parallel WPDES permit standards, and have a similar purpose, although WPDES standards are stricter in some respects). To qualify for a siting permit, a WPDES permit holder must also demonstrate compliance with Department standards for livestock structures, location on property, and odor management, which are not covered by WPDES permit. Federal law establishes reporting and other requirements for livestock facilities related to air emissions. For example, large operations must report certain types of releases to local and state agencies, as directed by the Emergency Planning and Community Right-to-Know Act (EPCRA). EPA also has authority to respond to citizen complaints or requests for assistance from state or local government agencies to investigate releases of hazardous substances from farms. Federal law does not directly cover odor management on livestock facilities.
Federal programs may provide incentive payments to help livestock producers implement conservation practices, including practices that may help livestock producers meet livestock facility siting standards under this rule. The following relevant programs are administered by the U.S. Department of Agriculture:
• Environmental Quality Incentives Program (EQIP)
• Conservation Reserve Program (CRP)
• Conservation Reserve Enhancement Program (CREP)
• Conservation Stewardship Program (CSP)
• Agricultural Conservation Easement Program (ACEP).
7. Anticipated economic impact
The Department expects the proposed rule to have minimal economic impact statewide and locally, with moderate impacts for some of the livestock facilities regulated under siting permits. Many farmers affected by this rule qualify as “small businesses.”
