SB567,1,8 1An Act to amend 283.16 (2m), 283.16 (3) (a), 283.16 (4) (d), 283.16 (7) and 283.16
2(8) (b) 3.; and to create 227.01 (13) (yt), 281.15 (6), 283.15 (11), 283.15 (12),
3283.16 (3) (b) 4., 283.16 (3m) and 283.16 (9) of the statutes; relating to: the
4review of water quality standards and variances to water quality standards by
5the Department of Natural Resources and exempting certain actions of the
6Department of Natural Resources and the Department of Administration from
7the requirement to promulgate rules relating to the statewide water quality
8variance for phosphorus.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to conduct regular
reviews of water quality standards and variances to water quality standards.
Background
Under current law, DNR must promulgate water quality standards for the
waters of the state and effluent limitations for point sources of water pollution. DNR
may approve a temporary variance from applicable water quality standards and
effluent limitations in a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit issued to a point source.
Current law also creates a statewide variance for phosphorous water quality
standards. An existing point source may request to have the statewide phosphorous

variance apply to that source under the source's WPDES permit. Current law sets
the interim effluent limitations that apply to a point source for which the statewide
phosphorus variance has been approved. Before the statewide phosphorus variance
may be made available for any point source, the Department of Administration must
determine that complying with the applicable phosphorous effluent limitations is
not feasible, and the federal Environmental Protection Agency must approve the
statewide phosphorus variance.
Three-year review of water quality standards and variances
This bill requires DNR to review, every three years, the water quality standards
that it has promulgated to determine whether the standards should be modified or
new standards should be adopted. As part of this review, DNR must also review the
variances to water quality standards that it has approved, including approvals
under the statewide phosphorus variance. If DNR determines that a water quality
standard to which a variance applies is attainable by a permittee, DNR is required
to modify the variance when the source's permit is reissued or modified.
The bill requires DNR to hold a public hearing as part of this review, and to
submit the results of its review to the EPA.
Five-year review of statewide phosphorus variance
This bill also requires DNR to review, every five years, the interim effluent
limitations under the statewide phosphorus variance to determine whether they are
consistent with the highest attainable condition for the point sources that are eligible
for the statewide phosphorus variance. DNR must hold a public hearing as part of
this review and submit the results of its review to the EPA within 30 days of
determining that the review is complete. If DNR does not conduct this review every
five years or does not submit the results of a review within 30 days, the statewide
phosphorus variance is unavailable until the review is completed or the results are
submitted, except that if the statewide phosphorus variance has been approved for
a point source, the variance continues to apply to that source until the source's permit
is reissued or modified.
If the statewide phosphorus variance has been approved for a point source, the
bill also requires DNR to review, at the time the variance is initially approved for the
source and each time the source's permit is reissued or modified, the applicable
interim effluent limitations to determine whether the they are consistent with the
highest attainable condition for the source.
Under the bill, if DNR determines that the applicable interim effluent
limitations are not consistent with the highest attainable condition for a permittee
or for point sources that are eligible for the statewide phosphorus variance, DNR
must include the effluent limitations that were identified as being consistent with
the highest attainable condition in any permit that is issued or modified after the
date of that determination.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB567,1 1Section 1. 227.01 (13) (yt) of the statutes is created to read:
SB567,3,52 227.01 (13) (yt) Relates to implementing, interpreting, or administering s.
3283.16, including determining social and economic impacts of compliance with
4phosphorus effluent limitations, establishing application and eligibility
5requirements for obtaining a variance, and providing guidance to the public.
SB567,2 6Section 2. 281.15 (6) of the statutes is created to read:
SB567,3,157 281.15 (6) Every 3 years, as part of the review required by 33 USC 1313 (c) (1),
8the department shall review the water quality standards promulgated under this
9section and determine whether any existing standards should be modified or new
10standards should be adopted. The department shall hold a public hearing to receive
11information and public comment regarding water quality standards promulgated
12under this section. The department shall publish notice of the hearing on the
13department's Internet site at least 45 days before the hearing date. The department
14shall submit the results of a review under this subsection to the federal
15environmental protection agency.
SB567,3 16Section 3. 283.15 (11) of the statutes is created to read:
SB567,4,317 283.15 (11) Water quality standards review. As part of the review of water
18quality standards under s. 281.15 (6), as required by 33 USC 1313 (c) (1), the
19department shall review the variances to water quality standards approved under
20s. 283.15 or 283.16. The department shall receive information regarding these
21variances at the public hearing held under s. 281.15 (6). If the department

1determines that a water quality standard to which a variance applies is attainable,
2the department shall modify the standard or variance accordingly at the time the
3permit containing the variance is reissued, modified, or revoked and reissued.
SB567,4 4Section 4. 283.15 (12) of the statutes is created to read:
SB567,4,75 283.15 (12) Federal requirements. Notwithstanding any of the provisions of
6this section, the department shall comply with the provisions of 40 CFR 131.14 when
7approving and implementing a variance under this section.
SB567,5 8Section 5. 283.16 (2m) of the statutes is amended to read:
SB567,4,139 283.16 (2m) Water quality standards review. Every 3 years as As part of the
10review of water quality standards under s. 281.15 (6), as required by 33 USC 1313
11(c) (1), if the variance under this section is in effect, the department shall determine
12whether formal review under sub. (3) should be undertaken, considering any
13comments it receives on the variance under this section.
SB567,6 14Section 6. 283.16 (3) (a) of the statutes is amended to read:
SB567,5,215 283.16 (3) (a) In 2024 Within 10 years after the federal environmental
16protection agency approves, under sub. (2) (em), the variance under this section
, if
17a determination under sub. (2) (a) that attaining the water quality standard for
18phosphorus through compliance with water quality based effluent limitations by
19point sources that cannot achieve compliance without major facility upgrades is not
20feasible is in effect, or upon a determination under sub. (2m) that review under this
21subsection should be undertaken, the department of administration, in consultation
22with the department of natural resources, shall prepare a report, no later than
23September 1, to evaluate whether the determination under sub. (2) (a) remains
24accurate. The department of administration shall consult with permittees that

1would be subject to water quality based effluent limitations for phosphorus and other
2interested parties in preparing the report.
SB567,7 3Section 7. 283.16 (3) (b) 4. of the statutes is created to read:
SB567,5,44 283.16 (3) (b) 4. The results of the most recent review under sub. (3m) (a).
SB567,8 5Section 8. 283.16 (3m) of the statutes is created to read:
SB567,5,176 283.16 (3m) Highest attainable condition review. (a) Every 5 years after the
7variance under this section is approved by the federal environmental protection
8agency, the department shall, as part of the review required by 40 CFR 131.14 (b) (1)
9(v), review the interim effluent limitations under sub. (6) (a), or any other effluent
10limitations that are in effect as a result of a previous review under this subsection
11or sub. (3), and determine whether they are consistent with the highest attainable
12condition for the point sources and categories of point sources that are eligible for the
13variance under this section. In conducting this review, the department shall use all
14existing and readily available information. The department shall hold a public
15hearing in order to receive additional information and public comment. The
16department shall publish notice of the hearing on the department's Internet site at
17least 45 days before the hearing date.
SB567,5,2018 (b) The department shall submit the results of a review under this subsection
19to the federal environmental protection agency within 30 days after determining
20that the review under par. (a) has been completed.
SB567,5,2421 (c) If the department does not conduct a review within the time specified under
22par. (a), the variance under this section will cease to be available until the
23department completes the review and submits the results of the review to the federal
24environmental protection agency.
SB567,6,4
1(d) If the department does not submit the results of a review to the federal
2environmental protection agency within the time specified under par. (b), the
3variance under this section will cease to be available until the department submits
4the results of the review to the federal environmental protection agency.
SB567,6,115 (e) In addition to the review under par. (a), at the time the variance under this
6section is initially approved for a point source, and at the time the source's permit
7is reissued, modified, or revoked and reissued, the department may review the
8interim effluent limitations under sub. (6) (a), or any other effluent limitations that
9are in effect as a result of a previous review under this subsection or sub. (3), and
10determine whether they are consistent with the highest attainable condition for the
11point source.
SB567,9 12Section 9. 283.16 (4) (d) of the statutes is amended to read:
SB567,6,1513 283.16 (4) (d) The Notwithstanding sub. (3m) (c) and (d), the variance under
14this section remains in effect for a an approved point source until the point source's
15permit is reissued, modified, or revoked and reissued.
SB567,10 16Section 10. 283.16 (7) of the statutes is amended to read:
SB567,7,317 283.16 (7) More stringent effluent limitations. If the department
18determines under sub. (3) (cm) or (3m) (a) or (e) that it is appropriate to apply more
19stringent effluent limitations than those in sub. (6) (a) to all point sources or to a
20category of point sources
the interim effluent limitations under sub. (6) (a), or any
21other effluent limitations that are in effect as a result of a previous review under sub.
22(3) or (3m), are not consistent with the highest attainable condition for a point source
23or category of point sources eligible for the variance under this section
, the
24department shall include the more stringent effluent limitations that were specified
25under sub. (3) (cm) or (3m) (a) or (e) as being consistent with the highest attainable

1condition
in permits that are reissued, modified, or revoked and reissued after that
2determination for all the point sources source or for the category of point sources to
3which the more stringent effluent limitations apply.
SB567,11 4Section 11. 283.16 (8) (b) 3. of the statutes is amended to read:
SB567,7,125 283.16 (8) (b) 3. No later than May 1 of the 2nd year following a year in which
6a county receives payments under this subsection, the county shall submit an annual
7report to the department of natural resources, the department of administration, the
8department of agriculture, trade and consumer protection, and each permittee from
9which it received those payments. In the annual report, the county shall describe the
10projects for which it provided cost sharing, quantify, in pounds, the associated
11phosphorus reductions achieved using accepted modeling technology, and identify
12any staff funded with the payments.
SB567,12 13Section 12. 283.16 (9) of the statutes is created to read:
SB567,7,1614 283.16 (9) Federal requirements. Notwithstanding any of the provisions of
15this section, the department shall comply with the provisions of 40 CFR 131.14 when
16approving and implementing a variance under this section.
SB567,7,1717 (End)
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