March 16, 2000 Conference Room
Thursday DNR Service Center
at 6:30 p.m. 107 Sutliff Avenue
Rhinelander
March 17, 2000 Room 417, GEF #2
Friday 101 S. Webster Street
at 4:00 p.m. Madison
March 21, 2000 Room 124, DOT Building
Tuesday 2000 Pewaukee Road
at 4:00 p.m. Waukesha
March 22, 2000 Conference Room
Wednesday DNR Headquarters
at 7:00 p.m. 1300 W. Clairemont Ave.
Eau Claire
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Contact Information
Written comments on the proposed and emergency rules may be submitted to Mr. Carroll Schaal, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than March 24, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-5-00E and FH-6-00] and fiscal estimate may be obtained from Mr. Schaal.
Fiscal Estimate
There is no fiscal effect.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
(Environmental Protection-
WPDES, Chs. NR 200-)
[
CR 00-25, 00-26, 00-27, 00-28,
00-34, 00-35, 00-36]
Notice is hereby given that pursuant to ss. 92.15, 227.11(2)(a), 281.16, 281.19, 281.33(4), 281.41, 281.65, 283.001, 283.11, 283.13, 283.31 and 283.37, Stats., interpreting ss. 92.15, 281.11, 281.12, 281.16, 281.19, 281.20, 281.33, 281.41, 281.65, 281.66, 281.96, 281.97, 281.98, 283.001, 283.11, 283.13, 283.19, 283.31, 283.33, 283.37, 283.53, 283.55, 283.59, 283.63 and 283.83, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 120, Wis. Adm. Code, relating to the priority watershed management program, the creation of ch. NR 151, Wis. Adm. Code, relating to runoff management performance standards and prohibitions, the creation of ch. NR 152, Wis. Adm. Code, relating to model ordinances for construction site erosion control and storm water management, the creation of ch. NR 153, Wis. Adm. Code, relating to the runoff management grant program, the creation of ch. NR 154, Wis. Adm. Code, relating to best management practices, conditions and technical standards, revisions to ch. NR 216, Wis. Adm. Code, relating to storm water discharge permits, and the repeal and recreation of ch. NR 243, Wis. Adm. Code, relating to animal feeding operations.
Agency Analysis
Chapter NR 120 is the rule under which the department currently administers the nonpoint source water pollution abatement program. The chapter specifies the process to select, plan and implement priority watershed and priority lake projects to reduce nonpoint source pollution in both urban and rural areas. The rule also includes a mandatory component in which critical sites of nonpoint source pollution must be addressed, and the procedures to administer the grants for cost-sharing best management practices and for technical and other assistance.
Chapter NR 120 as recreated contains significant changes in three main areas including scope of the chapter, cost-share administration and critical sites administration. There are three main changes in the scope of the rule. The process for selecting priority watershed and lake projects has been eliminated entirely, pursuant to s. 281.65(3m), Stats. Provisions dealing with rural local assistance grants have been deleted and moved to ch. ATCP 50 for administration by the Department of Agriculture, Trade and Consumer Protection. Provisions dealing with urban nonpoint source grants have been deleted and moved to ch. NR 153. The section of existing ch. NR 120 that identifies best management practices eligible for cost sharing and applicable cost share conditions, has been moved and will be ch. NR 154. This change is made solely for administrative purposes. Significant changes in cost share administration include an increase in priority watershed project periods, changes in cost share rates for several best management practices, more detailed criteria for establishing economic hardship and restrictions on cost share reimbursements to rural grantees that exceed the expenditure amounts established by the department. Changes in critical sites administration include added flexibility in the notification schedule and an explicit requirement that grantees cover all critical sites needs provided that adequate cost sharing is made available by the department.
Chapter NR 151 is a new chapter that establishes runoff pollution performance standards for non-agricultural facilities and practices and performance standards and prohibitions for agricultural facilities and practices. The chapter also establishes performance standards for transportation facilities, and implementation and enforcement provisions for the performance standards and prohibitions. These standards are intended to be minimum standards of performance designed to achieve water quality standards. In some areas of the state, where the performance standards may not achieve the desired water quality, the chapter proposes a process to establish, by rule, more site specific targeted performance standards. Pursuant to s. 92.15, Stats., the code also includes requirements for department review of local livestock operation ordinances that exceed state performance standards and prohibitions for agricultural sources of pollution. The chapter finally specifies a process for the development and dissemination of department technical standards to implement the nonagricultural performance standards.
Chapter NR 152 is a new chapter intended to secure voluntary uniformity of regulations that affect municipalities. It contains model ordinances for both storm water management and for construction erosion control sites that do not include the construction of a building in accordance with s. 281.33, Stats. This statute also requires the department to distribute copies of the model ordinances upon request. Adoption of the ordinances on the part of local units of government is voluntary. However, the ordinances may assist communities that wish to meet anticipated requirements of “qualifying local programs" expected to be created in Wisconsin's equivalent of the U.S. EPA's Phase 2 storm water rules.
Chapter NR 153 is a new chapter that contains policy and procedures for administering two separate elements of the runoff management grant program. Subchapter I on targeted nonpoint source projects contains policies and procedures for making grants authorized under s. 281.65(4c), Stats. Subchapter II on urban nonpoint source and storm water projects contains policies and procedures for making grants authorized under s. 281.66, Stats. Once the existing priority watershed and lake projects selected under s. 281.65(3m), Stats., are completed, subchapters I and II will be the primary vehicle by which the department focuses limited financial and technical resources into areas where storm water runoff control is a high priority. Compared to the priority watershed projects being completed under ch. NR 120, the new projects conducted under ch. NR 153 will be shorter in duration, smaller in cost and scope and more widely spread across the state.
Chapter NR 154 identifies cost-effective best management practices, cost-sharing eligibility restrictions and technical standards for use with department cost-share programs and performance standards and prohibitions. The rule specifies the conditions that apply to all best management practices, and the conditions, standards and specifications that apply to cost-shared best management practices.
Chapter NR 216 establishes criteria and procedures for issuance of storm water discharge permits to certain construction sites, industrial facilities and municipalities, as required by s. 283.33, Stats., to limit the discharge of pollutants carried by storm water runoff into waters of the state. Chapter NR 216 is primarily being revised to incorporate nonagricultural performance standards in proposed ch. NR 151, subchs. II, III and IV. As revised, components of construction and municipal storm water discharge permits including storm water management programs, pollutant loading assessments, storm water pollution prevention plans, construction erosion control plans, and storm water management plans will need to meet the nonagricultural performance standards. Additional changes to this chapter are also being proposed to clarify the existing requirements of this chapter.
Chapter NR 243 is intended to implement design standards and accepted animal waste management practices for large animal feeding operations that are classified as point sources. It also establishes the criteria under which the department may issue a notice of discharge (NOD) or a permit to other animal feeding operations that discharge pollutants to waters of the state.
One of the proposed changes to ch. NR 243 is to incorporate the agricultural performance standards and prohibitions into the NOD and permit programs. In addition, other changes are proposed to clarify or further define department procedures for large permitted animal feeding operations and other animal feeding operations. Some of the proposed changes to large permitted livestock facilities include clarification of the application procedures for large animal operations, clarification of manure management requirements, inclusion of requirements for composting and short-term stacking of manure, clarification of requirements for department approval of design structures and groundwater monitoring and clarification of requirements for mixed waste (e.g. milkhouse waste).
Other revisions to ch. NR 243 were also made to delineate the circumstances under which the department may issue a notice of discharge or a permit. Some of these changes include administrative procedures for issuing grants to local units of government for as cost-sharing and implementation provisions and conditions of cost-sharing to correct unacceptable practices.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis for agricultural small businesses is as follows:
a. Types of small businesses affected: Crop and livestock producers.
b. Description of reporting and bookkeeping procedures required: For livestock operations with less than 1,000 animal units or crop producer, the reporting, bookkeeping and other procedures required to achieve compliance with applicable performance standards and prohibition are dependent on the type of performance standard or prohibition. In general, the required bookkeeping procedures are designed to document that an operation is complying with performance standards and prohibitions. For livestock operators with 1000 animal units or more, annual reports are required for the land application of manure as well as some reporting requirements for compliance issues and groundwater monitoring. It is not expected that reporting requirements will be any different than those currently used.
c. Description of professional skills required: While the performance standards and prohibitions establish an acceptable level of performance for agricultural operations, the level of professional skill required for compliance with the performance standards depends on the performance standard or prohibition. For permit requirements for large operators, the type of professional skills needed to comply with the rule are not expected to be significantly different from the skills needed to meet existing rules.
The initial regulatory flexibility analysis for nonagricultural small businesses is as follows:
a. Types of small businesses affected: Any small business if constructing a new building where the land disturbance exceeds 5 acres or an industrial facility that requires storm water discharge permit coverage under subch. II of ch. NR 216.
b. Description of reporting and bookkeeping procedures required: A small business must submit a Notice of Intent prior to construction. Part of the submittal includes the development of an erosion and sediment control plan, a storm water management plan. Industrial facilities subject to subch. II of ch. NR 216's permitting requirements must prepare an industrial storm water pollution prevention plan where needed. This is already required in the current ch. NR 216. Both types of facilities will need to comply with the nonagricultural performance standards in proposed ch. NR 151.
c. Description of professional skills required: Depending on the site and size of a facility, the creation of the plans may require the assistance of a licensed professional engineer. The need to hire a consultant already exists under the current ch. NR 216.
Notice is hereby further given that pursuant to s. 1.11, Stats., and ch. NR 150, Wis. Adm. Code, the Department has prepared an Environmental Assessment for this action. The Department has made a preliminary determination that the proposal will not cause significant adverse environmental effects and that an Environmental Impact Statement will not be required.
Hearing Information
Notice is hereby further given that the hearings will be held on:
March 13, 2000 UW-Platteville
Monday Ullsvik Center, corner of
at 1:30 p.m. and 7:00 p.m. W. Main & Hickory
in the Beauxarts Room
Platteville
March 14, 2000 Western Wisconsin Tech. School
Tuesday 400 N. 6th Street
at 1:30 p.m. and 7:00 p.m. in the Cafeteria
La Crosse
March 15, 2000 Fitchburg Community Center
Wednesday 5510 Lacy Road
at 1:30 p.m. and 7:00 p.m. in the Gymnasium
Fitchburg
March 16, 2000 Public Library
Thursday 32 Sheboygan Street
at 1:30 p.m. and 7:00 p.m. Fond du Lac
March 20, 2000 Bay Beach Wildlife Sanctuary
Monday Sanctuary Road
at 1:30 p.m. and 7:00 p.m. in the Auditorium
Green Bay
March 21, 2000 Holiday Inn
Tuesday 4060 S. Shore Drive
at 1:30 p.m. and 7:00 p.m. in the Heisman Room
Rhinelander
March 21, 2000 Badgerland Civic Center
Tuesday 301 Walnut Street
at 1:30 p.m. and 7:00 p.m. in the Ballroom
Spooner
