100 hours.
Natural Resources
Subject
Viral Hemorrhagic Septicemia virus was diagnosed as the cause of huge fish kills in Lake Huron, Lake St Clair, Lake Erie, Lake Ontario and the St Lawrence River in 2005 and 2006. VHS is an invasive species. It can reasonably be assumed that it is already present in Lake Michigan, although it has not yet been confirmed there or in Lake Superior. The purpose of this rule is to slow or block the spread of the virus from the Great Lakes to hatcheries, inland lakes, and the Mississippi River drainage. VHS is not a human health concern. Because other pathogens and invasive species travel by the same pathways as VHS, this rule will have broader significance.
Policy Analysis
The Department is committed to limiting the spread of invasive species and pathogens in the environment. This rule will aid the Department in controlling the spread of VHS virus in the following ways:
1) It prohibits the possession on the water and use of live bait (crayfish, frogs, and minnows) from outside Wisconsin, except minnows imported in compliance with USDA APHIS and DATCP import and health requirements. Live bait enters Wisconsin from other parts of the country (including probably Lake Ontario) where VHS may be present. Because those requirements preclude the importation of live fish that that have not tested negative for VHS, this will help assure that the VHS virus is not introduced to inland waters via live bait.
2) It prohibits the possession on the water and use of dead bait, except used on the water the bait originated from, or on Lake Michigan, Green Bay and their tributaries, or when preserved in a way that would kill VHS virus. VHS virus can survive in dead bait that has been refrigerated or frozen. Great Lakes smelt, lake herring, and chubs and Pacific Ocean herring are used for cut bait in Wisconsin. This provision will help assure that VHS virus is not imported in dead bait.
3) It prohibits the transportation of live fish or fish eggs from waters of the Great Lakes or the Mississippi River drainage, except a) fish being exported in compliance with USDA APHIS regulations and orders, b) fish or fish eggs tested and found to be free of VHS virus, and c) fish or fish eggs transported with the prior written approval of the Department. We want to minimize the possibility that any live fish or fish eggs from VHS-affected waters are transported to VHS-free waters. It is likely that VHS virus is present in Lake Michigan and quite possible that it is present in Lake Superior and the Mississippi River drainage.
4) It requires all boaters to drain water from bilges, ballast, buckets, and live wells immediately after leaving waters of the Great Lakes or of the Mississippi River drainage, unless exempted in writing by the Department. This provision addresses the risk that boaters will inadvertently transport the VHS virus in boats and compartments of boats.
5) It allows the Department to deny permits for the use of non-standard minnow gear by licensed bait dealers, to prevent the spread of invasive species or diseases. Currently the presence of pathogens or invasive species is not sufficient to deny applications for non-standard minnow gear. With this provision, the Department will be able to assure that minnow harvest is not authorized from waters where the VHS virus is known to occur.
Statutory Authority
Staff Time Required To Develop The Proposed Rule
Three weeks.
Entities That May Be Affected By The Proposed Rules
This rule will affect commercial fishers, wholesale fish dealers, sport anglers, boaters, and individuals involved in the importation, harvest, rearing, sale, or use of bait.
Comparison With Federal Regulations
In late 2006 the U.S. Department of Agriculture's Animal and Plant Health Inspection Service issued an emergency order limiting the movement of live fish from Ontario or Quebec into the United States and limiting the interstate movement of live fish. That order does not apply to fish moved within the boundaries of individual states. This rule addresses within-state spread of VHS virus, while the federal order addresses between-state and between country spread of VHS virus. The proposed rule is similar in intent to the federal order, but addresses some additional vectors of spread of this pathogen.
Contact
Michael Staggs, Director
Bureau of Fisheries Management
101 S. Webster St.
Madison, WI 53707
608-267-0796
Natural Resources
Subject
Amendments are being proposed to Ch.
NR 140, Wis. Adm. Code, revising existing state groundwater quality standards in cases where established federal numbers or health based reference doses for substances have changed, or where significant technical information, not considered when federal numbers or reference doses were established, justifies revision.
Amendments are also proposed to establish new state groundwater quality standards for substances detected in, or with a reasonable probability of entering, the groundwater resources of the state, provided sufficient scientifically valid technical information exists to allow the Department of Health and Family Services (DHFS) to develop recommendations for standards.
Policy Analysis
Background. Chapter
NR 140, Wis. Adm. Code, establishes numeric groundwater quality standards for substances of public health and welfare concern. It also creates a framework for implementation of those standards. New and revised groundwater quality standards in NR 140 are based on recommendations developed by DHFS. The Board has approved amendments to NR 140 in 1988, 1990, 1991, 1993, 1995, 1996, 1998, 1999, 2003 and 2006, to revise existing standards, establish new standards and to clarify rule language. There are now groundwater quality standards in NR 140 for 122 substances of public health concern and 8 substances of public welfare concern.
Policy Issues/Analysis of Policy Alternatives. Chapter
NR 140, Wis. Adm. Code, was adopted by the Natural Resources Board in 1985 to comply with Wisconsin Statute Chapter
160. Chapter
160, Stats., created as part of the
1983 Wisconsin Act 410 (The Groundwater Bill), requires the Department of Natural Resources to develop groundwater quality standards for substances detected in, or having a reasonable probability of entering, the groundwater resources of the state.
Chapter
NR 140, Wis. Adm. Code, establishes groundwater quality standards at two levels: preventive action limit (PAL) and enforcement standard (ES). In accordance with ch.
160, Stats., ES groundwater quality standards for substances of public health concern are established based on recommendations received from DHFS. PAL groundwater quality standards for substances of public health concern are set at either 20% of the concentration of the established ES, or at 10% of the concentration of the established ES if the substance has carcinogenic, mutagenic or teratogenic properties or interactive effects.
Statutory Authority
The Department's statutory authority to establish state groundwater quality standards is contained in Ch.
160, Stats., and ss.
281.12 (1),
281.15,
281.19 (1) and
299.11, Stats.
Chapter
160, Stats., establishes an administrative process for developing numerical state groundwater quality standards to be used as criteria for the protection of public health and welfare by all state groundwater regulatory programs. Chapter
160, Stats., directs the Department to use this administrative process to establish numeric groundwater quality standards for substances of public health or welfare concern, found in, or having a reasonable probability of being detected in, the groundwater resources of the state.
Staff Time Required To Develop The Proposed Rule
The estimated staff time needed to develop these amendments to Ch.
NR 140 is approximately 725 hours.
Entities That May Be Affected By The Proposed Rules
The proposed groundwater standards would apply to all regulated facilities, practices and activities which may impact groundwater quality.
Comparison With Federal Regulations
The United States Environmental Protection Agency (US EPA) establishes health based drinking water maximum contaminant levels (MCLs) and health advisory (HA) levels. Federal MCLs, applicable at public water supply systems, are established based on scientific risk assessments and, in some cases, economic and technological considerations. Federal HAs are developed for different durations of exposure (e.g., one-day, ten-day, and lifetime). Lifetime HAs are developed utilizing established health risk assessment reference doses (RfDs).
The administrative process for developing numerical state groundwater quality standards established in Ch.
160, Stats., requires that DHFS base their recommendations for standards on federal numbers. Federal numbers, as defined in Ch.
160, Stats., include MCLs and established cancer risk levels. In cases where federal numbers have not yet been established for a substance, DHFS utilizes acceptable daily intake/RfD values to develop their recommendations for standards.
Contact Person
Natural Resources
Subject
Objective of the rule. Changes to chs.
NR 406,
407, and
445. The proposed rule changes pertain to implementation of established air permit requirements and hazardous air pollutant emission requirements for sources of emissions of hazardous air contaminants associated with agricultural waste. In addition, possible proposed “clean up" amendments to ch.
NR 445 will address minor non-controversial technical corrections.
Policy Analysis
Existing policy on the regulation of air emissions from livestock operations is established in current rules as follows.
Hazardous air pollutant (HAP) emissions from animal feeding operations are regulated under ch.
NR 445. This rule establishes ambient air standards for specific HAP, off the source's property. The acceptable ambient concentration for two HAP typically associated with animal feeding operations, ammonia and hydrogen sulfide, are 418 and 335 micrograms per cubic meter, respectively, both on a 24 hour average basis. Multiple compliance demonstration options are provided in this rule, including demonstrating stack emissions are below table values in the rule, or air dispersion modeling predicting impacts lower than established standards.
Revisions to ch.
NR 445, made in July 2004 provide a 36 month exemption, until June 2007, for sources of HAP emissions associated with agricultural waste. After this exemption period, new sources are required to comply upon start up and existing sources have an additional 12 months to comply. The July 2004 revisions allow use of best management practices as approved by the Department of Natural Resources (DNR) as a compliance option.
Also published in July 2004, were revisions to the air permit requirements of chs.
NR 406 and
407, providing a parallel 36 month air permit exemption for sources of HAP emissions associated with agricultural waste from July 2004 to July 2007.
The end of the 36 month exemption period was established to coincide with the anticipated completion of studies at the state and federal level which would provide air emission data to support rule applicability determinations and information about the efficacy of best management practices to support development of criteria for the evaluation of best management practice proposals. Information about these studies is provided below.
Siting standards for new and expanding livestock operations were published in ATCP 51 in 2006. Included in these standards are new odor standards. The odor evaluation component of the state study outlined below is intended to support implementation of the odor standards in ATCP 51. The Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for implementation of ATCP 51.
State Study
The Department of Natural Resources (DNR) is engaged in a cooperative project to evaluate air emissions and best management practices for the control of hazardous air pollutant emissions from the handling of agricultural waste.
The project includes ambient air monitoring for hydrogen sulfide and ammonia as well as odor evaluation near several dairy operations, installation of grant-funded improvements, and ambient air monitoring to evaluate the impact of the improvements in controlling hydrogen sulfide and ammonia emissions. Partners in this project include DATCP, USDA Natural Resources Conservation Service (USDA NRCS), Wisconsin Agricultural Stewardship Initiative, Wisconsin Farm Bureau Federation, Dairy Business Association, Professional Dairy Producers of Wisconsin, University of Wisconsin-Platteville Pioneer Farm, and the University of Wisconsin Discovery Farms. Funding for this project is provided by a USDA NRCS Conservation Innovation Grant, along with state funds from DNR and DATCP. Field work began in 2006, later than anticipated due to protracted negotiations. The final report is due July 2008. Note, monitoring of air emissions associated with landspreading of agricultural waste is not included in this study.
Federal Study
US EPA has initiated a national two-year program to monitor and evaluate air emissions from animal feeding operations. Field work began in late 2006, later than originally anticipated by DNR. Within 18 months after the study ends, US EPA will evaluate the data and publish air emission-estimating methods for animal feeding operations (by mid-2010). These methods will allow owners to estimate air emissions from their animal feeding operations and comply with applicable federal regulatory requirements in the Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act, and the Emergency Planning and Community Right-to-Know Act. Note, monitoring of air emissions associated with landspreading of agricultural waste is not included in this study.
As noted above, the DNR anticipated obtaining data from these studies in time to support implementation of the July 2004 rule revisions. Lacking these study results, the DNR currently does not have as much information as it intended to form a sound basis for decisions on rule applicability and criteria for evaluation of best management practice proposals. In light of this, the proposed rule changes are necessary to ensure appropriate implementation of air permit requirements and hazardous air pollutant emission requirements for new and existing sources of emissions of hazardous air contaminants associated with agricultural waste.
Possible “clean up" amendments to ch.
NR 445 are necessary to address minor non-controversial technical corrections.
New Policy, Alternative Policies
The DNR does not anticipate changes to underlying policy related to air permit requirements and hazardous air pollutant emission requirements for sources of emissions of hazardous air contaminants associated with agricultural waste. However, the proposed changes will affect the manner or timeframe in which existing requirements are implemented.
The DNR does not anticipate that the possible “clean up" amendments will result in any policy changes.
Statutory Authority
Staff Time Required To Develop The Proposed Rule
214 hours DNR staff time.
Entities That May Be Affected By The Proposed Rules
Entities likely to be impacted or interested include owners, operators, and neighbors of animal feeding operations; agriculture industry advocacy organizations; environmental advocacy organizations; and Wisconsin Department of Agriculture, Trade, and Consumer Protection.
Comparison With Federal Regulations
Existing Federal Regulations
Under the federal Clean Air Act, new and existing major stationary sources of federally regulated air pollutant emissions are subject to federal air permit requirements. Included are permit requirements under the federal “Prevention of Significant Deterioration" and “Non-Attainment Area" New Source Review programs, along with the applicable requirements for “Best Available Control Technology", and “Lowest Achievable Emission Rate" technology and offsets, respectively. Emissions associated with animal feeding operations are not categorically exempt from these requirements.
Under the federal Clean Air Act, 188 hazardous air pollutants are regulated through National Emission Standards for Hazardous Air Pollutants (NESHAPs) established by industry sector. No such standards have been established specifically for animal feeding operations. Furthermore, ammonia and hydrogen sulfide, two air pollutants associated with animal feeding operations, are not regulated as federal hazardous air pollutants under the Clean Air Act.
Hazardous air pollutants associated with animal feeding operations are regulated under the federal Comprehensive Environmental Response, Compensation, and Liability Act, and the federal Emergency Planning and Community Right-to-Know Act. These federal regulations include reporting requirements for releases of hazardous air pollutants to the air.
As noted in an August 2005 US EPA press release, US EPA began to realize in the late 1990's that it didn't have sufficient air emissions data to implement federal Clean Air Act requirements for animal feeding operations. To resolve the situation, US EPA began discussions with animal feeding operation owners in 2001. These discussions led to a January 31, 2005 EPA Federal Register notice offering individual animal feeding operations an opportunity to voluntarily sign a consent agreement committing animal feeding operations to participate in a nationwide air emission monitoring study, pay penalties, and achieve full compliance the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and the Emergency Planning and Community Right-to-Know Act, within the timeframes established in the consent agreement. In return, EPA provides limited amnesty from enforcement action during the term of the agreement.
The DNR is not aware of any new or proposed federal regulations pertaining to air emissions animal feeding operations.
Existing State Regulations
The federal air permit requirements described above are incorporated into state air permit rules in chs.
NR 405,
406, and
407. In addition, chs.
NR 406 and
407 include air permit requirements for minor sources. Emissions associated with animal feeding operations are not categorically exempt from these requirements, however the revisions to chs.
NR 406 and
407 published in July 2004 established an exemption period ending in July 2007 for sources of hazardous air emissions associated with agricultural waste.
Hazardous air pollutant emissions from animal feeding operations are regulated under ch.
NR 445. This rule establishes ambient air standards for specific hazardous air pollutants, off the source's property. The acceptable ambient concentration for two pollutants that are typically associated with animal feeding operations, ammonia and hydrogen sulfide, are 418 and 335 micrograms per cubic meter, respectively, both on a 24 hour average basis. As noted above, ammonia and hydrogen sulfide are not regulated as federal hazardous air pollutants.
Similar to federal reporting requirements, state reporting requirements include the air spill reporting requirements in ch.
NR 445 and the annual air emission reporting requirements of ch.
NR 438. Air emissions from animal feeding operations are not categorically exempt from these reporting requirements.
The proposed changes to chs.
NR 406,
407, and
445, pertain to implementation of established state air permit requirements and state hazardous air pollutant emission requirements for sources of emissions of hazardous air contaminants associated with agricultural waste. The proposed changes will affect the manner in which state and federal regulations differ, but are not expected to resolve the existing differences.
The possible proposed “clean up" amendments to ch.
NR 445 will address minor non-controversial technical corrections. No significant changes in the differences between existing state and federal regulations are anticipated from the possible proposed “clean up" amendments.
Contact
Eileen Pierce, WDNR
3911 S. Fish Hatchery Road
Fitchburg, WI 53711
