NOTICE IS HEREBY GIVEN THAT pursuant to Wisconsin Stats. ss.
30.12,
30.19,
227.11,
281.15,
281.41,
283.11,
283.31,
283.37,
283.39, and
283.49, the Department of Natural Resources will hold a public hearing on revisions to Chapters
NR 102,
103,
105,
106,
108,
110,
114,
200,
203,
205,
210,
214,
299,
328,
341, and
812, Wis. Adm. Code, relating to updating rules to accommodate new technologies and construction methods, require electronic submittals of wastewater permit documents, ensure consistency with federal water program regulations, fix typographical errors, and make minor modifications or clarifications to a variety of rules affecting the Bureau of Watershed Management.
Hearing Information
Date and Time Location
January 28, 2010 Conference Room G09
Thursday DNR Office Building GEF II
at 11:00 AM 101 S. Webster Street
Madison
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 contact Susan Sylvester at 608-266-1099 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rules and Fiscal Estimate
The proposed rules and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov (Search this Web site using the Natural Resources Board Order No. WT-15-09). If you do not have Internet access, a personal copy of the proposed rules and supporting documents, including fiscal estimate may be obtained from Susan Sylvester, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707-7921 or by calling 608-266-1099.
Submission of Written Comments
Written comments may also be submitted via U.S. mail to Ms. Susan Sylvester, Bureau of Watershed Management, P.O. Box 7921; Madison, WI 53707-7921 or by email to
Susan.Sylvester@wisconsin.gov. Comments may be submitted until February 5, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing.
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Sections
30.12,
30.19,
281.15,
281.17,
281.41,
283.13,
283.31,
283.37,
283.39,
281.49 and
282.55, Stats.
Statutory authority
Sections
30.12,
30.19,
227.11,
281.11,
281.12,
281.15,
281.17,
281.41,
283.11,
282.13,
283.31,
283.37,
283.39,
283.49, and
283.55, Stats.
Explanation of agency authority
The Department has authority under ss 30.12, 30.19, 227.11, 281.11, 281.12, 281.15, 281.17, 281.41, 283.11, 283.13, 283.31, 283.37, 283.39, 283.49, and 283.55, Stats., to promulgate rules and clarify process.
Related statute or rule
These rules relate directly to regulation of activities in wastewater discharge permits or in navigable waters under ch.
30, Stats., waters designations in ch.
NR 1, and the NR 100, 200, and 300 series rules.
Plain language analysis
The purpose of this rule update is to modify the existing rules to clarify, make consistent with federal regulations, clean up typographical errors, incorporate technology advances, or make minor modifications. The Bureau of Watershed Management has not undertaken the effort to clean up our rules and therefore this rule package is fairly large since several rules affect the Bureau and need to be updated and corrected.
NR 102 is the chapter that contains the listing waterbodies for outstanding or exceptional resource waters. There are several recommended pages of changes (13 pages in the ORDER). This code has primarily been changed to reflect typographical errors in the original listing of these waters, or if the water exists in more than one county, we have added the other county. To be consistent with the addition of two Wild Rivers to State Statute s.
30.26 in early 2009, language was refined and portions of these two existing ORW waters were moved to the Wild Rivers section of
NR 102; however, this does not affect their status as ORW. With the exception of the 2009 statutory additions, there are no additions of new waterbodies, only corrections to the ones currently on the list.
NR 103 is the chapter that contains Water Quality Standards for Wetlands and the changes proposed are technical changes to reflect s.
281.36, Wis. Stat., a statute that was adopted after the rule went into effect.
NR 105 is the chapter that contains surface water quality criteria and secondary values for toxic substances. The changes requested for this chapter are typographical errors or values that have been updated because of new analytical methods. The changes to Table 9 in ch.
NR 105 are done to reflect changes to Federal drinking water standards and are consistent with changes that were made in ch.
NR 809. All other numerical changes are typographical errors.
NR 106 is the chapter which contains procedures for Calculating Water Quality Effluent Limits for substances discharged to surface waters. Changes to this chapter are primarily for clarification or typographical errors.
NR 108 is the chapter which outlines the Requirements for Plans and Specifications submittals for reviewable projects and operations of community water systems, sewerage systems and industrial wastewater facilities. The changes include technology updates requesting electronic submittals in addition to paper copies of final plans and specifications. To be consistent with federal regulations, the department proposes modification to s.
NR 108.04 (5).
NR 110 is the chapter containing requirements for Sewerage Systems. Most of this rule package contains changes to this chapter, which needs to be updated primarily because of confusion on how to implement this rule (22 pages in the ORDER). Many changes are recommended to clarify the rule; other changes are because of technological updates. Revisions to this chapter are proposed to revise and clarify requirements for lift station design, influent and effluent flow monitoring, and to clarify language which has been commonly misunderstood. While these changes are voluminous, they reflect current practice and are not substantial, they are minor changes that make this rule more understandable and easier to implement. In 1997, the Department prepared draft code revisions for lift station requirements in ch.
NR 110, and conducted a public hearing and obtained public comments. But the rule making effort was then placed on hold due to workload issues, and the code revision process was effectively terminated prior to promulgation. Many of the NR 110 code changes now being proposed were obtained from this 1997 work effort.
NR 114 is the chapter for Certification Requirements for Waterworks, Wastewater Treatment Plant, Septage Servicing and Water System Operations. Proposed changes to this chapter include adding a “Master Operator" category to the Septage Servicing subchapter II. This is a category that the stakeholders have asked for to develop a succession of responsibilities. This has been an issue for several years and this code change will help satisfy the needs of the stakeholders.
NR 200 is the chapter for Application for Discharge Permits and Water Quality Standards Variances. The proposed change to this rule is a technological update for the submission of permit applications on the web-based application system. The other changes are typographical or to be consistent with federal regulations.
NR 203 is the chapter for WPDES Public Participation Procedures. The proposed change to this code is to make it consistent with federal regulations.
NR 205 is the chapter for General Provisions in WPDES permits. The proposed technology update is to require electronic submission of discharge monitoring reports. Other changes are clarification of unscheduled bypassing of wastewater or to be consistent with federal regulations.
NR 210 is the chapter for Sewage Treatment Works. The minor clarification changes are to reflect date changes or clarification of terms. A modification is proposed to require that emergency operating provisions (such as stand-by generator or pump) be provided for all wastewater pumping stations.
NR 214 is the chapter for Land Treatment of Industrial Liquid Waste By-Product Solids and Sludges. One proposed change is to clarify subsurface systems to be consistent with ch. COMM 83.
NR 299 is the chapter containing the Water Quality Certification requirements. The proposed changes to this chapter are technical changes to reflect s.
281.36, a statute that was adopted after the rule went into effect and to provide clarity with respect to the original intent of the rule.
NR 328 is the chapter for Shore Erosion Control Structures in Navigable Waterways. The recommended changes are to provide clarification or typographical changes.
NR 341 is the chapter for Grading on the Bank of Navigable Waterways. The proposed changes to this rule are to provide typographical changes.
NR 812 is the chapter for Well Construction and Pump Installation. The proposed change to this rule is to correct the code reference to NR 110 made in this proposed rule package.
Comparison with federal regulations
The proposed rule contains minor modification, fixes typographical errors and updates the current rules to be consistent with federal regulations. Some of the revisions are to make our current regulations more consistent with federal regulations under the federal Clean Water Act.
Comparison with rules in adjacent states
These rules are being updated to be consistent with federal regulations so they should be consistent with adjacent states.
Summary of factual data and analytical methodologies
The proposed code revisions are minor in nature, so there are no data collections or extensive research to substantiate the revisions. Some of the minor modifications are to clarify but not substantially revise, technical requirements that are based on standard engineering design methodologies.
Analysis and supporting documents used to determine the effect on small businesses
The existing rule requirements are in place and these proposed changes are minimal to current practices therefore there is no impact anticipated to small businesses. No economic impact report has been requested.
Small Business Impact
The proposed rule changes are not expected to have a significant effect on small business. There are no significant changes to these rules that would affect small businesses.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This rule revision requires submittal of an electronic version of all plans and specifications, and the electronic submittal of discharge monitoring reports and web-based wastewater permit applications by all Wisconsin Pollutant Discharge Elimination System (WPDES) permittees. Permittees are now required to submit monthly discharge operating reports as part of their WPDES permit requirements. A few WPDES permittees may incur some one-time costs to comply with the electronic form submittal requirements, but the requirements will also provide significant annual cost savings for the Department.
I. STATE FISCAL EFFECT
Cost savings associated with the electronic submission of forms are summarized as follows:
A. Printing cost savings of $6,300 for no longer having to process 100,000 double-sided pages of monthly discharge monitoring reports.
B. LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to review the quality control of the documents before sending them to the third-party contractor that converts paper copy submittals to the Department's electronic database.
C. Contractual savings of $45,000 for no longer needed to contract with a third-party entity for paper-to-electronic information conversion.
D. Postage savings of $6,000.
E. LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to scan WPDES facility plans and specifications to electronic copies for our database.
In total, annual cost savings are estimated to be $103,100. State expenditures for staff will not increase to cover the program revisions, and there will be no reduction in state revenues associated with state cost decreases.
For Plans and Specification submittals, most facilities hire consultants to do this work and they should have a computer or they could scan the documents and submit a CD of the plans with their paper copy submittal. Minor costs may be passed on to the permittee for this additional service.
II. LOCAL GOVERNMENT FISCAL EFFECT
All municipal WPDES permittees (979) are currently submitting their Compliance Maintenance Annual Report (CMAR) electronically as part of NR 208; therefore, this rule change has no fiscal effect at the local government level.
III. PRIVATE SECTOR IMPACT
The proposed rule package would require all industrial permittees to submit monthly reports electronically to our database.
A. One-Time Costs
1. The Department estimates that 50 industrial permittees do not have a computer and will be required to incur one-time costs to buy a computer. Estimated costs for the computer are $1,500 x 50 facilities = $75,000.
2. Once the industrial permittees go on-line and begin electronic report submittals, the Department estimates that they will achieve overall postal cost savings of $1,200 in the first year.
B. Annualized Costs
1. Annualized internet access costs for a new computer user to prepare electronic submittals are based on the estimated use per year: $360 year/facility x 50 facilities = $18,000.
2. Form completion costs should be the same as sending in a paper copy. It is estimated that it will take the same amount of time for the operator to fill out an electronic submission as they spend on a paper copy.
State fiscal effect
Decrease costs.
Local government fiscal effect
None.
Fund sources affected
GPR, FED.
Agency Contact Person
Susan Sylvester
Phone: 608-266-1099
Fax: 608-267-2800
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.38 (2) (bm) and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating section
PI 8.01 (4), relating to waiver of school hours.
Hearing Information
The hearing will be held as follows:
Date and Time Location
