Before mechanically applying manure in the Silurian bedrock area, the proposed rule requires a farmer to verify the depth of soils to bedrock where County soil maps provide an initial indication of less than 5 feet of depth to bedrock. The farmer’s field verification will establish the boundary of areas where the depth is less than 5 feet and what that depth actually is. This will determine which practices the farmer will need to employ to apply manure on those fields. The methodology to verify depth to bedrock (such as number of borings per acre, time of year taken, etc.) or tools available for this effort is a technical standard, and so will be developed by DATCP rather than DNR. Representatives from DATCP have worked closely with the department in the development of this rule and DATCP is expected to promulgate in ch. ATCP 50 the best management practices, conservation practices or technical standards used to demonstrate compliance with this rule. CAFOs in the Silurian bedrock areas will be required to comply with the standards in the rule through their WPDES permit, regardless of any local ordinance and absent cost sharing. Large CAFOs are not eligible for cost sharing under chs. NR 153 and 154, but are required to comply with the livestock performance standards in NR 151. A cross reference to the targeted performance standard language will be added to ch. NR 243, Wis. Adm. Code. Non-permitted farms in Silurian bedrock areas will be required to comply with the standards in the rule in certain limited situations. Where construction of appropriate best management practices is needed for compliance and those practices are eligible for cost share under chs. NR 153 and NR 154, Wis. Adm. Code, non-permitted farms will be required to comply only where cost share is offered. Certain practices are not eligible for cost share under chs. NR 153 and 154, Wis. Adm. Code. Non-permitted farms may be required to adopt certain changes absent cost share if a local unit of government adopts a local ordinance requiring farms to adopt changes consistent with the rule. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
The federal government does not directly regulate discharges to groundwater in Silurian bedrock areas.
7. Comparison with Similar Rules in Adjacent States: Adjacent states have manure spreading setback requirements where those states have identified specific sites sensitive to groundwater contamination that are present in those states. The proposed Silurian bedrock characteristics identified in the proposed rule definition as a targeted performance standard area are based on the particular characteristics present in Wisconsin’s Silurian bedrock.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The department convened a Technical Advisory Committee to discuss current NR 151 performance standards and groundwater conditions in sensitive areas, including Silurian bedrock areas of the state. The department identified Silurian bedrock as highest priority as a targeted performance standard area.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The department has prepared a preliminary draft Economic Impact Analysis that includes cost estimates based on available cost data.
10. Effect on Small Business (initial regulatory flexibility analysis): The department’s draft Economic Impact Analysis includes information on the effect on small business. In discussions with the Technical Advisory Committee, the department considered how the impact on small business could be reduced. The proposed rules allow flexibility for farmers and options for achieving compliance with the targeted performance standards.
11. Agency Contact Person: Mike Gilbertson, Water Resources Management Specialist, Wisconsin Department of Natural Resources, P.O. Box 7921, WT/3, Madison, Wisconsin 53707, mike.gilbertson@wisconsin.gov. Section 1 NR 151.015(2) is created to read:
NR 151.015(2) “Closed depression” means a topographical basin where water ponds to a seasonal high water mark, has no external drainage, and drainage may occur either through direct conduits to groundwater or low areas where water ponds and infiltrates into the groundwater. Closed depressions may be identified using topographic maps and visual interpretation, ArcGIS tools, or other methods.
Section 2. NR 151.015(7m) is created to read:
NR 151.015(7m) “Established crop” means a growing annual crop, double crop or cover crop that provides vegetative cover of the soil.
Section 3. NR 151.015(8c) is created to read:
NR 151.015(8c) “Incorporation” has the meaning given in s. NR 243.03(28). Section 4. NR 151.015(8g) is created to read:
NR 151.015(8g) “Infield bedrock verification” means determining bedrock depth using available data including, but not limited to well construction reports, location of drill cores or other subsurface investigations, location of quarries and natural bedrock outcrops, geophysical investigations, and uneven crop growth patterns indicating fracture traces in the field.
Section 5. NR 151.015(8l) is created to read:
NR 151.015(8l) “Injection” has the meaning given in s. NR 243.03(29). Section 6. NR 151.015(8p) is created to read:
NR 151.015(8p) “Liquid manure” means manure that contains less than 12 percent solid material by volume.
Section 7. NR 151.015(8t) is created to read:
NR 151.015(8t) “Long term no till” means no till farming that has been implemented a minimum of 3 consecutive years.
Section 8. NR 151.015(8x) is created to read:
NR 151.015(8x) “Mechanical application” means surface application, injection or incorporation of manure on cropland or pastures using manure hauling vehicles or equipment. This does not include an area of land where animals graze or otherwise seek feed in a manner that maintains the vegetative cover over all the area and where the vegetative cover is the primary food source for the animals.
Section 9. NR 151.015(15n) is created to read:
NR 151.015(15n) “Pathogens” has the meaning given in s. NR 204.03(38). Section 10. NR 151.015(15w) is created to read:
NR 151.015(15w) “Pre-tillage” means using mechanical equipment to reduce soil preferential flow paths (worm holes, root holes and cracks) by turning and mixing the soil prior to and at least 2 inches below the depth of manure application.
Section 11. NR 151.015(17) is created to read:
NR 151.015(17) “Silurian bedrock” means the area in Wisconsin where the bedrock consists of Silurian dolomite or is part of the Maquoketa Formation overlain by soils of 20 feet or less. This area comprises portions of the following counties: Brown, Calumet, Dodge, Door, Fond du Lac, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha. Areas where Silurian bedrock occurs in Wisconsin can be identified by the most current NRCS, WGNHS, or county maps and infield bedrock verification methods.
Section 12. NR 151.015(18r) is created to read:
NR 151.015(18r) “Solid manure” means manure that contains 12 percent or greater solid material by volume.
Section 13. NR 151.075 is created to read:
NR 151.075 Silurian bedrock performance standards. (1) All crop producers and livestock producers that mechanically apply manure directly or through contract or other agreement to cropland or pasture areas that meet the definition of Silurian bedrock under s. NR 151.015(17) shall comply with this section. (2) Manure application shall not cause the fecal contamination of water in a well.
(3) No mechanical application of manure on areas of cropland or pastures that have 24 inches or less of separation between the ground surface and saturation.
(4) Manure shall be applied in conformance with a nutrient management plan that meets the requirements under all of the following:
(a) The plan shall be consistent with s. NR 151.07. (b) The plan shall be consistent with NRCS Technical Standard 590, dated December 2015.
(c) The plan shall be designed and implemented consistent with this section to manage manure so as to reduce the risk of pathogen delivery to groundwater and prevent exceedances of groundwater water quality standards.
(d) The plan shall use county soils or other methods as a planning tool to identify Silurian bedrock within or adjacent to cropland and pastures.
(5) Prior to mechanical application of manure on croplands or pastures, use infield bedrock verification to locate Silurian bedrock having soil depths less than 5 feet.
(6) For cropland or pastures, when soil is less than five feet thick over Silurian bedrock, evaluate and rank fields for risk of pathogen delivery to groundwater before mechanically applying manure. Areas determined to have a high risk for pathogen delivery to groundwater shall be avoided or shall be lowest priority for manure application.
(7) Mechanical application of manure and headland stacking of manure is prohibited on soils with 5 feet or less to Silurian bedrock when soils are frozen or snow covered.
(8) Mechanical application of manure is prohibited within Silurian bedrock having soil depths less than 5 feet when rainfall greater than one inch is forecast within 24 hours of planned application.
(9) Mechanical application of manure is prohibited for soils with less than 2 feet to Silurian bedrock.
(10) For soils with 2 to 3 feet to Silurian bedrock, the following shall apply:
(a) No mechanical application of solid manure unless:
1. Incorporated within 72 hours to no more than 4 inches below ground; and
2. At least one of the following is implemented:
a. Manure is applied at a rate of 15 tons/acre/year, or UW A2809 annual application rate, whichever is less.
b. Manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Manure is composted or treated to reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 colony-forming units, or most probable number per gram total solids on a dry weight basis.
(b) No mechanical application of liquid manure unless:
1. Pre-tillage is completed, unless exempt under sub. (c); and
2. Liquid manure is injected or incorporated within 24 hours to no more than 4 inches below ground; and
3. At least one of the following is implemented:
a. Total liquid manure application is limited to Table 1 or to the UW A2809 annual application rate, whichever is less, to prevent hydraulic overloading of the soil.
Table 1. Silurian Bedrock Maximum Liquid Manure Application Rates |
Soil Texture | 2 to 3 Feet Depth (gal/ac/yr) | 3 to 5 Feet Depth (gal/ac/wk) | 5 to 20 Feet Depth (gal/ac/wk) |
Sandy Loam | 13,500 | 13,500 | 27,000 |
Silt Loam | 13,500 | 13,500 | 27,000 |
Clay Loam | 13,500 | 13,500 | 20,000 |
b. Liquid manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Liquid manure is treated to substantially reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 most probable number or colony-forming units per 100 milliliter sample.
(c) Pre-tillage or incorporation is not required if cropland or pastures meet long term no till or have perennial or established crops.
(11) For soils with 3 to 5 feet to Silurian bedrock, the following shall apply:
(a) No mechanical application of solid manure unless:
1. Incorporated within 72 hours to no more than 6 inches below ground; and
2. At least one of the following is implemented:
a. Manure is applied at a rate of 15 tons/acre/year, or UW A2809 annual application rate, whichever is less.
b. Manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Manure is composted or treated to reduce pathogen levels via practices to a fecal coliform bacteria density of 500,000 colony-forming units, or most probable number per gram total solids on a dry weight basis.
(b) No mechanical application of liquid manure unless:
1. Pre-tillage is completed unless exempt under sub. (c); and
2. Liquid manure is injected or incorporated within 24 hours to no more than 6 inches below ground; and
