Rule-Making Notices (Hearing Notices)

In accordance with ch. 160, Stats., enforcement standard groundwater quality standards are established based on recommendations received from the Department of Health and Family Services (DHFS). In January, 2001, the U.S. EPA established a new federal drinking water maximum contaminant level (MCL) for arsenic of 10 micrograms per liter. In accordance with s. 160.74 (4), Stats., the DHFS has recommended adoption of the federal MCL as the NR 140 enforcement standard. Because arsenic is a known carcinogen, an NR 140 preventive action limit of one microgram per liter (10% of the recommended 10 micrograms per liter) has been proposed.

NOTICE IS HEREBY FURTHER GIVEN the pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The compliance and reporting requirements in ch. NR 140 are not changed by the proposed amendments. If a groundwater quality standard is exceeded, the owner or operator of a facility, practice or activity, including any small business, must report the violation to the appropriate regulatory agency. The revised NR 140 groundwater quality standards proposed for arsenic would be used as design and compliance standards, and as clean up goals in the event of a spill or unpermitted discharge.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, August 12, 2003 at 1:30 p.m.

Conf. Room A & B, James P. Coughlin Center

625 E. County Road Y

Oshkosh

Wednesday, August 13, 2003 at 10:00 a.m. and 2:00 p.m.

Video conference participation at:

Room 139, State Office Building

718 W. Clairemont Ave.

Eau Claire

Room 618, State Office Building

200 N. Jefferson St.

Green Bay

Room 021, State Office Building

101 S. Webster St.

Madison

Room 153, State Office Building

141 NW Barstow St.

Waukesha

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Phelps at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Although additional monitoring costs may be imposed upon the state or local government entities that are within the regulated community, the extent of such monitoring and any costs associated with it--while too speculative to quantify at this time--are not expected to be significant. The Department believes it is unlikely that there will be additional costs to state and local governments resulting from adopting these groundwater standards.

Copies of Rule and Contact Person

Written comments on the proposed rule may be submitted to Mr. William Phelps, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than September 5, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-32-03] and fiscal estimate may be obtained from Mr. Phelps.

Notice of Hearing

Natural Resources
(Environmental Protection-Air Pollution Control, Chs. NR 400—)

(CR 03-066)

NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11 (1) and (6) and 285.21 (1), Stats., interpreting s. 285.21 (1), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 404 and 484, Wis. Adm. Code, relating to ambient air quality standards. U.S. EPA is required to periodically review the National Ambient Air Quality Standards for Criteria Pollutants. In 1997 U.S. EPA, based on review of the standards for ozone and for particulates, proposed new ambient air quality standards for ozone (the 8-hour ozone standard) and for particulates (the new PM 2.5 standard). U.S. EPA is expected to make a final determination by April, 2004 regarding which areas are not attaining the 8-hour ozone standard. For areas that are nonattainment, U.S. EPA will require states to make revisions to their state implementation plan. Wisconsin incorporates the national ambient air quality standards into ch. NR 404, Wis. Adm. Code. The proposed rule seeks to revise ch. NR 404 to make sure it is consistent with the national standards.

U.S. EPA has also revised the precision of the sulfur oxides standard and the nitrogen dioxide standard. The proposed rule also includes those changes.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, September 16, 2003 at 1:00 p.m.

Room 611A, GEF #2

101 S. Webster St.

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dennis Koepke at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The rule revisions are administrative changes that have no additional fiscal impact.

Copies of Rule and Contact Person

Written comments on the proposed rule may be submitted to Mr. Dennis Koepke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, no later than September 30, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [AM-26-03] and fiscal estimate may be obtained from Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707; phone: [phone]; FAX: [phone].

Notice of Hearing

Natural Resources
(Environmental Protection-Water Supply, Chs. NR 800—)

(CR 03-067)

NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 809, Wis. Adm. Code, relating to arsenic in public water systems. On January 22, 2001, the U.S. EPA adopted a new drinking water standard for arsenic of 0.01 mg/l (10 micrograms per liter), replacing the old standard of 0.050 mg/l (50 micrograms per liter). The date by which public water systems must comply with the new standard is January 23, 2006. Section 281.17 (8), Stats., and our primacy agreement with U.S. EPA require the Department to adopt rules at least as stringent as federal regulations. The proposed amendments are necessary to assure that the Department's administrative rules are consistent with federal regulations.

This regulation will apply to non-transient, non-community water systems, which are not presently subject to standards for arsenic, and to community water systems. There are about 80 water systems that could potentially have to take actions to reduce arsenic.

In addition, this rule revision includes clarifications for monitoring and demonstration of compliance for new systems or sources of drinking water. The rule also clarifies compliance for state-determined monitoring after exceedances for inorganic, volatile organic and synthetic organic contaminants. Finally, the proposed rule recognizes the state-specified time period and sampling frequency for new public water systems and systems using a new source of water to demonstrate compliance with drinking water regulations. The requirements for new systems and new source monitoring will be effective for inorganic, volatile organic and synthetic organic contaminants.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. Typically, the Department has little flexibility with drinking water regulations since our rules can be no less stringent than the federal regulation.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, August 13, 2003 at 10:00 a.m. and 2:00 p.m.

Video conference participation at:

Room 139, State Office Building

718 W. Clairemont Ave.

Eau Claire

Room 618, State Office Building

200 N. Jefferson St.

Green Bay

Room 021, State Office Building

101 S. Webster St.

Madison

Room 153, State Office Building

141 NW Barstow St.

Waukesha

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carol Bentzler at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Public water systems are expected to incur increased costs to comply with the new standard. The USEPA has calculated mean annual costs per household for those households that are served by systems that may need to treat for arsenic. Due to economies of scale, costs per household are higher for smaller systems, and lower for larger systems.

Based on cost information provided by USEPA in the Federal Rule annual cost of the rule would be approximately $3,436,604, $262,346 for OCs and NNs and $3,174,258 for MCs.

Public water systems also are expected to incur additional monitoring costs to comply with the new standard. If all the systems that have demonstrated a potential to exceed the new standard went on quarterly monitoring additional annual monitoring costs would be $8,800. (73 systems x 4 quarters x $30/sample) However, some systems are already treating for arsenic and others will be treating by time the new standard is enforceable so the additional monitoring cost is expected to be somewhat less.

Based on salary information provided by the Association of State Drinking Water Administrators, workload for 1 FTE to work on the Arsenic Rule would be approximately $65,000.

Copies of Rule and Contact Person

Written comments on the proposed rule may be submitted to Ms. Carol Bentzler, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than August 20, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [DG-30-03] and fiscal estimate may be obtained from Ms. Bentzler.