• 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. • Modify s. NR 106.06(6) provisions that regulate pollutant discharges when a pollutant is present in the intake water used as the water supply for industrial and municipal dischargers. The proposed rules adopt the federal requirements for establishing effluent limitations. • Remove the exemption from regulation in s. NR 106.10(1) and (2) for noncontact cooling water (NCCW) containing chlorine or other chemical additives present at levels consistent with those in public water supplies, as required by a Dane County Circuit Court Stipulation and Order in Case No. 12-CV-0569, Midwest Environmental Defense Center v. WDNR, et. al. (March 2, 2012) and federal regulations. • Remove the special definition of “representative data” for purposes of determining reasonable potential to exceed effluent limitations for mercury in s. NR 106.145(1) and (2). 7. Comparison of similar rules in adjacent states: All of the other EPA Region 5 states (Illinois, Iowa Indiana, Michigan, Minnesota and Ohio) are subject to EPA regulations implementing the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) Program. All other states bordering the Great Lakes system (Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Pennsylvania), are subject to the GLI. See 40 CFR Part 132 (setting forth requirements that Great Lakes States must adopt). The proposed rules will align Wisconsin’s WPDES regulations with federal regulations. 8. Summary of factual data and analytical methodologies: The methodology identified in this rule package is based on Clean Water Act and Great Lake Initiative requirements and on EPA guidance including the Technical Support Document for Water Quality-based Toxics Control (March 1991). PB91-127415.
9. Analysis and supporting documentation used to determine effect on small business or in preparation of an economic impact analysis: A discussion of EPA’s reasons for issuing the federal Water Quality Guidance for the Great Lakes System and the data underlying EPA’s analysis are included in “Final Water Quality Guidance for the Great Lakes System: Supplementary Information Document” (SID) (EPA 1995). See also 60 Fed. Reg. 15366 to 15385 (1995) (concerning the history of the Great Lakes Water Quality Initiative and EPA’s adoption of Final Water Quality Guidance for the Great Lakes System).
10. Effect on small business: Notice soliciting comments regarding potential economic impacts of these proposed rule changes has been sent to all industrial and municipal facilities currently regulated by a Wisconsin Pollutant Discharge Elimination System (WPDES) Permit.
The department estimates that the economic impact of these rules will be moderate and, pursuant to 2011 Executive Order 50, facilitated a 30 day period for comment on a draft economic impact analysis. Two comments were received. The department anticipates there may be moderate financial effects on municipal wastewater treatment facilities and industrial facilities with permitted wastewater discharges. For example, facilities may identify an economic impact resulting from the removal of mixing zone considerations or chlorine exemptions that may have been previously granted in determining discharge effluent limitations in their WPDES Permits.
Proposed revisions to s. NR 106.06 contain provisions relating to discharges within the Great Lakes system and outside the Great Lakes system. The department solicited information on economic impacts if the department were to adopt the proposed rules and, as an alternative, if the department were to follow proposed s. NR 106.06 (6) (c) 1., Wis. Adm. Code statewide. This is not a complete summary of economic impacts but, rather, a summary which indicates that these rules could have moderate economic effects and that a longer period to gather information from affected entities is warranted. The final economic analysis for these rules is anticipated to include descriptions of specific impacts of these rule revisions on affected facilities.
Environmental Analysis
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department’s consideration of the impacts of the proposal and any reasonable alternatives. Fiscal Estimate Summary
Businesses and municipalities most likely to be economically impacted by the proposed rule revision are those with substances of concern in the intake water. The changes made by this rule package including bioaccumulation of chemicals of concern and non-contact cooling water additive exemption have either been over-promulgated by EPA for the State of Wisconsin or required by the courts. As such, these standards are already being used by the Department when establishing Water Quality Based Effluent Limits for permit reissuance. Some municipalities and industries are projected require modifications or upgrades to meet the water quality based limits in their Wisconsin Pollution Discharge Elimination System (WPDES) permits as a result of this rule package. The proposed rule revision is, therefore, believed to cost an estimated moderate financial effect on municipal wastewater treatment facilities and industrial facilities with permitted wastewater discharges. Given the nature of these costs, these costs are not believed to dissipate over time. The other aspects of this revision are expected to have no economic impact.
