Chapter ATCP 30

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.

ATCP 30.34(2)(c) (c) The finding of an elevated mean or median concentration of atrazine in reliable groundwater samples taken from a geographically proximate area, as compared to statewide concentrations.

ATCP 30.34(2)(d) (d) Results of analysis of reliable groundwater samples from monitoring wells in areas with known atrazine use histories.

ATCP 30.34(2)(e) (e) The uniformity of hydrogeologic characteristics in a geographically proximate area.

ATCP 30.34(2)(f) (f) Research results indicating susceptibility of the groundwater to atrazine contamination in a geographically proximate area.

ATCP 30.34(2)(g) (g) Technical or economic factors which are specific to a geographically proximate area.

ATCP 30.34(4) (4) Determining boundaries. An atrazine management area may encompass land areas which, in the department’s judgment, are susceptible to atrazine contamination of groundwater based on the factors identified under sub. (2). The boundaries of the atrazine management area shall be sufficient to minimize the concentration of atrazine in groundwater where technically and economically feasible or regain and maintain compliance with the preventive action limit, if technically or economically feasible, as provided in s. 160.23, Stats. Boundaries of atrazine management areas may include any of the following:

ATCP 30.34(4)(a) (a) Mapped boundaries between soil types or other hydrogeologic features.

ATCP 30.34(4)(b) (b) Groundwater or surface water divides such as watershed boundaries.

ATCP 30.34(4)(c) (c) Legal land description boundaries including political boundaries.

ATCP 30.34(4)(d) (d) Public roads.

ATCP 30.34(5) (5) Scope of restrictions. The department may impose any of the following restrictions in an atrazine management area:

ATCP 30.34(5)(a) (a) Prohibitions against the use of atrazine product, subject to s. ATCP 31.08.

ATCP 30.34(5)(b) (b) Limitations on the purpose for which atrazine product may be used, including limitation on the crops and target pests for which atrazine product may be used.

ATCP 30.34(5)(c) (c) Limitations on the rate at which atrazine product may be applied.

ATCP 30.34(5)(d) (d) Limitations on the time or frequency of atrazine product use.

ATCP 30.34(5)(e) (e) Limitations on the method of atrazine product use.

ATCP 30.34(5)(f) (f) Reporting or permit requirements applicable to the use of atrazine product.

ATCP 30.34(6) (6) Atrazine management plan. For each atrazine management area established under this subchapter, the department shall also establish an atrazine management plan. The atrazine management plan shall include all of the area in the atrazine management area, and any additional area determined by the department as necessary to achieve the purposes of the atrazine management area. The atrazine management plan shall contain:

ATCP 30.34(6)(a) (a) A delineation of the boundaries of the area subject to the plan.

ATCP 30.34(6)(b) (b) A groundwater monitoring program.

ATCP 30.34(6)(c) (c) An information and education program.

ATCP 30.34(6)(d) (d) A schedule for review of the effectiveness of the prohibitions and restrictions in the atrazine management area.

ATCP 30.34(6)(e) (e) Any other provisions deemed appropriate by the department.

ATCP 30.34 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91; am. (1), r. (3), Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.18, Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 30.35 ATCP 30.35 Creating prohibition areas. The department may prohibit use of atrazine products in any manner authorized under ss. 94.67 to 94.71, Stats., or under ch. 160, Stats., including the following: