Chapter ATCP 30

ATCP 30.24(8)(b) (b) Creation and scope of prohibition areas.

ATCP 30.24(8)(b)1. 1. A prohibition area is created to include every township quarter-quarter section lying wholly or in part within one mile of a point of standards application at which aldicarb residues have been detected in groundwater at a concentration of 10 ppb or more, based on a reliable groundwater test result received by the division. The prohibition area is created on the date when the groundwater test result is received by the division. The one mile radius from the point of standards application shall be calculated from the center point of the township quarter-quarter section in which the actual point of standards application is located.

ATCP 30.24(8)(b)2. 2. If any prohibition area is contiguous with or overlaps 2 or more other prohibition areas, there is created a new prohibition area which includes each quarter-quarter section any part of which lies within a 2-mile radius of each point of standards application used in determining the need for the contiguous or overlapping prohibition areas.

ATCP 30.24(9) (9) Distributors and retail dealers of aldicarb; recordkeeping and reporting requirements. Distributors and retail dealers shall keep records of aldicarb distributions and sales, specifying the amount of aldicarb product included in each sale or distribution, and the name and address of the purchaser or recipient. During each week in which aldicarb sales or distributions are made by a distributor or dealer, the distributor or dealer shall file a written report with the department, specifying the amount of aldicarb product sold or distributed during that week to each purchaser or recipient, and the name and address of each purchaser or recipient. Reports may be in the form of actual invoice copies or written sales or distribution summaries.

ATCP 30.24(10) (10) Notice of contamination findings.

ATCP 30.24(10)(a) (a) Whenever the department receives a reliable groundwater test result which indicates that aldicarb residues are present in groundwater at a concentration of one part per billion or more, the department shall give written notice of the groundwater test result to:

ATCP 30.24(10)(a)1. 1. The Wisconsin department of natural resources and the Wisconsin department of health services.

ATCP 30.24(10)(a)2. 2. The county health department or county nurse, and the county extension agent for the county in which the groundwater sample was drawn.

ATCP 30.24(10)(a)3. 3. All persons who have filed reports of intended application for aldicarb applications to be made in township quarter-quarter sections located wholly or in part within one mile of the sample point.

ATCP 30.24(10)(b) (b) Notice under par. (a) shall specify the township and quarter-quarter section in which the groundwater sample was taken, if known, and the concentration of aldicarb residues found in the sample. Notice shall include such explanations and precautionary statements as may be considered appropriate by the department.

ATCP 30.24(11) (11) Greenhouse and research applications; exemption. This section does not apply to greenhouse applications of aldicarb or to research applications made pursuant to an experimental use permit issued by the department.

ATCP 30.24(12) (12) Compliance with preventive action limit not necessarily maintained; required disclosure by department. Based on information available to the department, it appears that aldicarb applications to susceptible application sites will result in groundwater contamination exceeding the preventive action limit for aldicarb at points of standards application downgradient from the application sites. Aldicarb applications to many of these sites will be subject to prohibition under sub. (5). In addition, sub. (2) continues current management practice requirements, and sub. (6) creates groundwater monitoring requirements. These combined requirements are designed to limit aldicarb contamination and detect any contamination which may occur. However, these requirements may not be adequate to assure compliance with the preventive action limit for aldicarb in all cases. If the enforcement standard for aldicarb is unexpectedly exceeded at an individual site, future applications at that site will be subject to prohibition under ch. 160, Stats., ch. ATCP 31, and other applicable rules of the department.

ATCP 30.24 Note Note: This notice is given pursuant to the requirements of s. 160.19 (2) (b), Stats. It is intended solely as a disclosure statement, and does not affect or alter any other provision of this section.

ATCP 30.24 History History: Emerg. cr. eff. 3-15-82; cr. Register, March, 1983, No. 327, eff. 4-1-83; emerg. r. eff. 3-3-86; r. and recr. Register, March, 1988, No. 387, eff. 4-1-88; am. (2) (b) 1. and 2. and (11), r. (3) (b), Register, April, 1990, No. 412, eff. 5-1-90; renum. from ATCP 29.17 and am. (12), Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (d), (5) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; r. and recr. (5) (b) and (c), cr. (5) (d), Register, March, 2000, No. 531, eff. 4-1-00; correction in (10) (a) 1. made under s. 13.93 (2m) (b) 6., Stats., Register April 2004 No. 580; correction in (10) (a) 1. made under s. 13.92 (4) (b) 6., Stats., Register April 2009 No. 640; CR 14-047: am. (2) (a) Register May 2015 No. 713, eff. 6-1-15; correction in (3) (a) 4. under s. 35.17, Stats., correction in (4) under s. 13.92 (4) (b) 6., Stats. Register May 2015 No. 713; CR 16-012: am. (8) (b) 1. Register August 2016 No. 728, eff. 9-1-16.

subch. VIII of ch. ATCP 30 Subchapter VIII — Atrazine Pesticides

ATCP 30.30 ATCP 30.30 Definitions. The definitions in s. 94.67, Stats., apply to this chapter, as do the following definitions:

ATCP 30.30(1) (1) “Atrazine” or “atrazine active ingredient” means the pesticide chemical 2-chloro-4-ethylamino-6-isopropylamino-1,3,5 triazine.

ATCP 30.30(2) (2) “Atrazine product” means any pesticide containing the active ingredient atrazine as identified on the EPA registered label, either alone, or in combination with other pesticides.

ATCP 30.30(3) (3) “Atrazine management area” means a designated area within the state of Wisconsin in which specific restrictions on atrazine use are created under s. ATCP 30.34.

ATCP 30.30(4) (4) “Board” means the board of agriculture, trade and consumer protection.

ATCP 30.30(5) (5) “Coarse soil” means a surface soil containing soil texture classes sand, loamy sand or sandy loam.

ATCP 30.30(6) (6) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 30.30(7) (7) “Enforcement standard” has the meaning specified in s. 160.01 (2), Stats.

ATCP 30.30(8) (8) “Field moisture capacity” means the amount of water that can be held by soil, in the root zone of the crop being grown, against the force of gravity.

ATCP 30.30(9) (9) “Flood plain” means a nearly level alluvial plain bordering a river and subject to flooding unless protected artificially.

ATCP 30.30(10) (10) “Groundwater” has the meaning specified in s. ATCP 31.01 (6).

ATCP 30.30(11) (11) “Irrigation” has the meaning specified in s. ATCP 29.01 (22).

ATCP 30.30(12) (12) “Lower Wisconsin river valley” means the river terraces and flood plain on either side of the Wisconsin river, downstream of the state highway 60 bridge at Prairie du Sac, and upstream of the confluence of the Wisconsin and Mississippi rivers.

ATCP 30.30(13) (13) “Mixer-loader” means a person who mixes pesticide in or transfers pesticide into nurse tanks or application equipment.

ATCP 30.30(14) (14) “Official groundwater sample” has the meaning specified in s. ATCP 31.01 (7).

ATCP 30.30(15) (15) “Official groundwater test result” has the meaning specified in s. ATCP 31.01 (8).

ATCP 30.30(16) (16) “Preventive action limit” has the meaning specified in s. 160.01 (6), Stats.

ATCP 30.30(17) (17) “Prohibition area” means an area in which atrazine product is prohibited under this subchapter.

ATCP 30.30(18) (18) “Recharge zone” means the land area contributing recharge water to that portion of an aquifer supplying a well.

ATCP 30.30(19) (19) “Rescue treatment” means an emergency application of atrazine with crop oil, made after crop emergence to control weeds which are reasonably likely to cause crop yield reduction, either because preplanting, preemergence, or planned postemergence application of herbicides failed to control weeds or because weather conditions prevented use of planned mechanical operations for weed control.

ATCP 30.30(20) (20) “River terrace” means an old alluvial plain, ordinarily flat or undulating, bordering a river.

ATCP 30.30(21) (21) “Root zone” means the mass of soil extending downward to the depth of the roots of the crop being grown.

ATCP 30.30(22) (22) “Soil texture class” means the soil texture designations sand, loamy sand, sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, and clay, as defined in Soil Taxonomy, Agriculture Handbook No. 436, pages 469 to 472 (U.S. department of agriculture soil conservation service: 1975).

ATCP 30.30 Note Note: A copy of relevant portions of Soil Taxonomy, Agriculture Handbook No. 436 may be inspected at the central offices of the Department of Agriculture, Trade and Consumer Protection and the Legislative Reference Bureau. This volume is also commonly available in USDA soil conservation service offices throughout the state.

ATCP 30.30 Note The USDA soil conservation service has prepared soil surveys for most Wisconsin counties, which can be found at the following web address: http://websoilsurvey.nrcs.usda.gov/app/. Atrazine users may refer to these surveys to determine the surface soil texture in areas where they wish to apply atrazine. Atrazine users may also use reliable sampling and testing methods to determine soil texture.

ATCP 30.30(23) (23) “Surface soil” means the soil ordinarily moved in tillage, or its equivalent in uncultivated soil, ranging in depth from 4 to 10 inches.

ATCP 30.30 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91; renum. (19) to (22) to be (20) to (23), cr. (19), Register, March, 1992, No. 435, eff. 4-1-92; am. (12), Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.01, Register, May, 1998, No. 509, eff. 6-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Stats, Register, May, 1998, No. 509; CR 01-028: am. (17), Register September 2001 No. 549 eff. 10-1-01; CR 14-047: am. (11) Register May 2015 No. 713, eff. 6-1-15.

ATCP 30.31 ATCP 30.31 General restrictions and requirements for use of atrazine.

ATCP 30.31(1) (1) Prohibition on non-crop uses. Atrazine product may only be used on agricultural crops. For purposes of this chapter, agricultural crops include forestry crops and tree plantations. No atrazine product may be used on non-crop application sites such as railroad, power line and road rights of way and industrial sites.

ATCP 30.31(2) (2) Timing of application. No atrazine product may be applied to any site before April 1 or after July 31 in any year.

ATCP 30.31(3) (3) Use of atrazine with irrigation. The following restrictions apply to the use of atrazine product with irrigation:

ATCP 30.31(3)(a) (a) Except as provided under s. ATCP 30.38 (2), no person may apply atrazine product through an irrigation system.

ATCP 30.31(3)(b) (b) No person may apply irrigation water to any site to which atrazine product has been applied for a 2-year period following the application of atrazine product, unless the application of irrigation water is conducted in accordance with an irrigation management program that does not cause the field moisture capacity in the root zone of the soil being irrigated to be exceeded.

ATCP 30.31(4) (4) Use and mixing-loading by certified applicators and mixer-loaders only.

ATCP 30.31(4)(a) (a) Atrazine product may only be applied by a certified private applicator or by a person who is certified as a commercial applicator in the appropriate pesticide use category under s. ATCP 29.31.

ATCP 30.31(4)(b) (b) Atrazine product may only be mixed or loaded by a certified private applicator or by a person who is certified as a commercial applicator or mixer-loader in the appropriate pesticide use category under s. ATCP 29.31.

ATCP 30.31 Note Note: Sections ATCP 29.45 and 29.46 prohibit mixing or loading of atrazine or other pesticides within 100 feet of any well or surface water unless the mixing or loading occurs over a spill containment pad that is constructed in compliance with the rule’s specifications. Sections ATCP 29.47 and 29.50 prohibit the disposal of atrazine or other pesticides, pesticide containers including empty containers, pesticide spray solutions, and pesticide rinsates in a manner inconsistent with label directions.

ATCP 30.31(5) (5) Recordkeeping.

ATCP 30.31(5)(a) (a) Every person who applies atrazine product shall keep a record of every application of atrazine product. The record shall be completed on the day of application and include the following:

ATCP 30.31(5)(a)1. 1. The name of the individual who applied the atrazine product.

ATCP 30.31(5)(a)2. 2. The name and address of the person for whom the atrazine product was applied, if different from the person who applied the atrazine product.

ATCP 30.31(5)(a)3. 3. The location of the site where the atrazine product was applied.

ATCP 30.31(5)(a)4. 4. The date and time of the application.

ATCP 30.31(5)(a)5. 5. The brand name of the atrazine product.

ATCP 30.31(5)(a)6. 6. The name of the labeler of the atrazine product, or the federal environmental protection agency registration number (EPA Reg. No.) for the atrazine product.

ATCP 30.31(5)(a)7. 7. The rate of application and size of the total area treated.

ATCP 30.31(5)(a)8. 8. The location of the site, if other than the site of application, where the atrazine product was loaded into the application equipment or nurse tank.

ATCP 30.31(5)(a)9. 9. A map of the field as required under s. ATCP 30.32 if the field is subdivided into smaller application sites and different amounts of atrazine product are applied to the different sites.

ATCP 30.31(5)(b) (b) Every record of an atrazine product application under par. (a) shall be retained for 3 years after the application date. The record shall, at the request of the department, be made available for inspection and copying by the department.

ATCP 30.31 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91; am. (3) (a), Register, March, 1994, No. 459, eff. 4-1-94; correction in (5) (a) 9. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1994, No. 459; renum. from ATCP 30.05, Register, May, 1998, No. 509, eff. 6-1-98; correction in (3) (a) and (5) (b) 9. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1998, No. 509; CR 03-076: am. (2) Register April 2004 No. 580, eff. 5-1-04; CR 14-047: am. (3) (b) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) Register August 2016 No. 728, eff. 9-1-16.

ATCP 30.32 ATCP 30.32 Maximum application rates. Except where further restricted under ss. ATCP 30.34 to 30.38, the amount of atrazine active ingredient applied to any application site during any calendar year may not exceed the maximum amount specified for that site under this section.

ATCP 30.32(1) (1) Except as provided under sub. (3) or (4), if at least one-fourth of the surface soil at the application site is a coarse soil, the maximum amount is 0.75 lb. per acre per calendar year.

ATCP 30.32(2) (2) Except as provided under sub. (3) or (4), if less than one-fourth of the surface soil at the application site is a coarse soil, the maximum amount is 1.0 lb. per acre per calendar year.

ATCP 30.32 Note Note: The following table summarizes subs. (1) and (2). See ss. ATCP 30.34 to 30.38 for additional local restrictions.

ATCP 30.32(3) (3) If a rescue treatment is needed for a field of seed corn or sweet corn, the total amount of atrazine applied to that field in that calendar year may not exceed the following applicable amounts:

ATCP 30.32(3)(a) (a) 1.5 lbs. per acre per calendar year if at least one-fourth of the surface soil is a coarse soil.

ATCP 30.32(3)(b) (b) 2.0 lbs. per acre per calendar year if less than one-fourth of the surface soil is a coarse soil.

ATCP 30.32 Note Note: The following table summarizes sub. (3). See ss. ATCP 30.34 to 30.38 for additional local restrictions.

ATCP 30.32(4) (4) An additional 0.5 lb. of atrazine active ingredient may be added to the maximum annual rate under sub. (2) if no atrazine product was applied to the application site during the previous calendar year.

ATCP 30.32 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91; am. (intro.), (1) and (2), r. and recr. (3), r. (3) Table 1, Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.10, Register, May, 1998, No. 509, eff. 6-1-98; CR 08-075: am. (3) (intro.), (1), (2), (3) (a) and (b), cr. (4) Register April 2009 No. 640, eff. 5-1-09.

ATCP 30.33 ATCP 30.33 Annual report and recommendations.

ATCP 30.33(1) (1) Annual report. The department shall provide the board with an annual report which includes state groundwater test results under sub. (2) and the department’s recommendations under sub. (3). If the department recommends that the use of atrazine be further restricted or prohibited, the department shall submit draft rules to implement its recommendations, according to sub. (4).

ATCP 30.33(2) (2) Groundwater test results. The annual report under sub. (1) shall indicate the results of statewide groundwater tests for atrazine and its metabolites. The report shall indicate all groundwater test results that equal or exceed the preventive action limit for atrazine, and all results that equal or exceed the enforcement standard for atrazine. The report shall also discuss the results of the department’s investigations related to atrazine in groundwater, significant trends or developments related to atrazine in groundwater, and other information which the department considers relevant to the regulation of atrazine.

ATCP 30.33(3) (3) Recommendations. Based on groundwater test results and other relevant information, the department shall annually evaluate its restrictions on the use of atrazine. As part of its annual report under sub. (1), the department shall recommend further restrictions on atrazine use which the department considers necessary, pursuant to ch. ATCP 31 and this chapter. This may include recommendations for any of the following:

ATCP 30.33(3)(a) (a) Statewide restrictions or prohibitions against the use of atrazine.

ATCP 30.33(3)(b) (b) Atrazine management areas under s. ATCP 30.34.

ATCP 30.33(3)(c) (c) Atrazine prohibition areas under ss. ATCP 30.35 to 30.38.

ATCP 30.33(4) (4) Rules. If the department recommends further restrictions on the use of atrazine under sub. (3), the department shall submit proposed hearing draft rules to implement its recommendations. If the board declines to adopt final draft rules, or approves final draft rules that differ from the department’s hearing draft rules, the department shall identify each rule modification to the legislature, as part of the department’s report under s. 227.19 (2), Stats. Except in an emergency, the department shall transmit its final draft rules for legislative committee review under s. 227.19, Stats., by January 1 of each year.

ATCP 30.33 History History: Cr. Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.11, Register, May, 1998, No. 509, eff. 6-1-98; correction in (3) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1998, No. 509; CR 10-122: am. (3) (c) Register July 2011 No. 667, eff. 8-1-11.

ATCP 30.34 ATCP 30.34 Creation of atrazine management areas.

ATCP 30.34(1) (1) Authority. In addition to any other restrictions under this chapter or ch. ATCP 31, the department may, by rule, restrict the use of atrazine product in atrazine management areas designated according to this section.

ATCP 30.34(2) (2) Criteria. The department shall create an atrazine management area whenever it determines that supplementary atrazine use restrictions are appropriate in that area to prevent or minimize atrazine contamination of groundwater. The department may consider the following factors, among others, in determining whether to create atrazine management areas:

ATCP 30.34(2)(a) (a) The frequency of atrazine detections in reliable groundwater test samples taken from a geographically proximate area.

ATCP 30.34(2)(b) (b) The frequency of atrazine detections over the preventive action limit or over the enforcement standard in reliable groundwater samples taken from a geographically proximate area.