CR 15-084 Hearing Information

BEFORE THE

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PUBLIC HEARING

Natural Resources Board Order WT-31-10

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed revisions to ch. NR 106 Wisconsin Admin Code, relating to the Wisconsin Pollutant Discharge Elimination System (WPDES) wastewater permit program regarding bioaccumulative chemicals of concern mixing zones, pollutants in intake waters, non-contact cooling water exemption, and mercury reasonable potential determination and other aspects of the WPDES permitting program, on the date and at the time and location listed below.

Hearing Information

Date and Time

Monday, December 7, 2015, 8 - 10:30 am  

Location

Wisconsin Department of Natural Resources

Room G09

101 South Webster Street

Madison, WI 53703

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Amanda Minks using the contact information below. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and fiscal estimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link

https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Jennifer Jerich using the contact information below.

Submitting Comments

Comments on the proposed rule must be received on or before December 18, 2015. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Jennifer Jerich

Department of Natural Resources

N7725 Highway 28

Horicon, WI 53032-9782

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet: Use the Administrative Rules System Web site accessible through the link provided

Analysis Prepared by the Department of Natural Resources

1. Statutes interpreted: Chapter 283, Stats.

2. Statutory authority: Sections 227.11(2)(a), 283.13(5), 283.13, 283.31(3), (4), Stats.

3. Explanation of agency authority: Chapter 283, Stats. grants authority to the department to establish, administer and maintain a Wisconsin Pollutant Discharge Elimination System (WPDES) Permit Program consistent with the requirements of the federal water pollution control act of 1972, commonly known as the Clean Water Act, and amendments to the act. Section 283.13(5), Stats, authorizes the department to establish more stringent water quality based effluent limitations and to require compliance with such limitations if these limitations are necessary to comply with any state or federal law, rule or regulation. Section 283.31(3), (4) Stats., provides authority to issue permits that require compliance with effluent limitations and standards for point source discharges to surface waters and any more stringent limitations needed to comply with state or federal water quality standards or any applicable federal law or regulation. The department also has general authority to promulgate rules under s. 227.11 (2) (a), Stats. that interpret the specific statutory authority granted in ch. 283, Stats.

4. Related statute or rule: These rule changes relate directly to the WPDES Permit program and the regulation of wastewater discharges. Chapter NR 106, Wis. Adm. Code, contains the procedures used by the Bureau of Water Quality to calculate water quality based effluent limitations for WPDES permits issued to point source discharges to surface waters under ch. 283, Stats. Related statutes and rules include: s. 281.15, Stats., which authorizes the department to promulgate water quality standards for waters of the state. Water quality standards for surface waters are set in chs. NR 102 to 105, Wis. Adm. Code.

5. Plain language analysis: The primary purpose of these proposed rule changes to ch. NR 106, Wis. Adm. Code, is to be consistent with federal requirements for calculating and implementing water quality based effluent limitations for point source discharges to surface waters included in WPDES Permits.

In a letter dated July 18, 2011, U.S. Environmental Protection Agency (EPA) identified 75 potential issues or deficiencies in Wisconsin’s statutory and regulatory authority for the WPDES Permit Program. EPA directed the department to either make rule changes to address these inconsistencies or deficiencies or obtain a statement from the Attorney General’s Office verifying that the existing rules are consistent with federal regulations. The proposed rules address four of the 75 issues identified in EPA’s July 18, 2011 letter.

In addition to making some minor clarifications and cross-referencing corrections to the Administrative

Code for uniformity, these proposed rule changes will:

• Revise s. NR 106.06(2) to phase out (with some exceptions) mixing zone allowances for discharges of bioaccumulative chemicals of concern (BCC)s in the Great Lakes system. While Wisconsin is already adhering to the requirements of the federal Great Lakes Water Quality Initiative (GLI), the proposed rules formally adopt the GLI requirements. When Wisconsin last made changes to NR 106, a footnote in the rule indicated that such changes would be promulgated.