Department of Natural Resources Nitrate Targeted Performance Standards

Tom Bressner, WABA Executive Director

Where are we in the Process?

In July 2019, the Wisconsin Department of Natural Resources (DNR) issued a Statement of Scope relating to, “Targeted Performance Standards and Prohibitions to abate pollution of groundwater by nitrate in sensitive areas.” The purpose for the rule revisions were to establish performance standards targeted to minimize pollution of nitrates in areas of the state with highly permeable soils which are susceptible to groundwater contamination. In late 2019, DNR created a Technical Advisory Committee made up of stakeholders from over twenty agricultural and environmental interests. Since its inception, the Technical Advisory Committee has held a series of nine meetings beginning in February 2020 and ending in March 2021. The meetings were designed to share thoughts and ideas among the various interests, with hopes of finding workable common ground on a path for controlling nitrate contamination. While many thoughts were shared during these meetings, it seems that the DNR might have missed the “workable” part of that statement. In the proposed rule, issued by DNR on January 25, 2021, they proposed performance standards to targeted areas of the state that are most susceptible to nitrate contamination. On the maps released showing these targeted areas, it includes 43% of the farmland in the State of Wisconsin.

In these targeted areas, DNR is proposing numerous rule changes. For example, here are a few of their recommended changes: • DNR will create a numeric performance standard requiring all cropland, pastures, and winter grazing areas identified in a producer’s nutrient management plan to have a nitrogen leaching amount that is protective of the groundwater quality standard. • Nutrient management plans must account for all sources of nitrogen applied on fields, including nitrogen applied through irrigation water. • Prohibit the application of liquid manure and commercial nitrogen fertilizer after September 1 with the following exceptions: the application is needed to grow fall seeded crops, the application is needed to grow fall cover crops, or the application is made on established perennial crops at a maximum rate of 36 pounds per acre, or in accordance with the NRCS 590 standard. • DNR estimates it will take affected producers approximately 10 years to achieve full compliance and takes into account that non-permitted farms (non-CAFOs) will only need to comply if cost sharing of qualified practices is available. Permitted farms (CAFOs) are not eligible for state cost sharing to comply with this proposed rule. In the DNR’s Economic Impact Analysis, they estimated that the total cost to agriculture would be $9,736,000 spread over the 10 year period. However, in our written public comments on the proposal, the Wisconsin AgriBusiness Association calculated the minimum cost to the commercial fertilizer industry would be $45,500,000 (to build additional fertilizer storage, add mobile equipment, etc.). That is just the cost to the commercial fertilizer industry. It does not include the cost to build and upgrade manure storage, and the millions (and perhaps billions) of dollars of impact this proposed rule would have on crops. The original plan of DNR was to have the Economic Impact Analysis approved by the DNR Board at the May 2021 Board Meeting, and then open up the rule itself for public comment. However, due to the massive expense estimates submitted by WABA and the other agricultural organizations (Farm Bureau, Corn Growers, Potato and Vegetable Growers, Dairy Business Association, and others) around the state, approval of the Economic Impact Analysis was pulled off the agenda for the May DNR Board Meeting, and they have not yet announced what their timeframe might be for moving the rule forward or amending the rule. Another concern of WABA and other agricultural groups is that we believe that many of the rule proposals are not based on sound science. As a result, the agricultural organizations are currently working with the legislature to establish funding for a three-year Nitrate Leaching Model Study to help roadmap nitrate leaching from specified agricultural practices, on different soils types, different terrains, etc… We are currently asking the legislature for $300,000 to fund this study.

In conclusion, if the DNR Nitrate Targeted Performance Standards are permitted to take effect as proposed, it would create devastation to farmers and agribusiness companies. However, WABA has been heavily involved in every meeting and every discussion that has taken place since the beginning, protecting the interests of our agribusiness industry. Thank you, especially to Scott Firlus, United Cooperative, for serving in WABA’s seat on the Technical Advisory Committee, and for the work he has done (and will continue to do) in helping to protect our industry from bad regulation. More information to come…