LRBa1788/1
RCT:cjs:jm
2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 680
February 13, 2014 - Offered by Representative Loudenbeck.
AB680-AA1,1,11 At the locations indicated, amend the bill as follows:
AB680-AA1,1,2 21. Page 5, line 6: after "(1)" insert "or publicly owned treatment works".
AB680-AA1,1,3 32. Page 5, line 12: delete lines 12 to 15 and substitute:
AB680-AA1,1,4 4"(h) "Target value" means the following:
AB680-AA1,1,105 1. For a point source in a watershed for which a federally approved total
6maximum daily load under 33 USC 1313 (d) (1) (C) is in effect on the effective date
7of this subdivision .... [LRB inserts date], the number of pounds of phosphorus that
8would be discharged from the point source during a year if the point source complied
9with its effluent limitation based on the total maximum daily load in effect on the
10effective date of this subdivision .... [LRB inserts date].
AB680-AA1,2,311 2. For a point source in a watershed for which no federally approved total
12maximum daily load under 33 USC 1313 (d) (1) (C) is in effect on the effective date
13of this subdivision .... [LRB inserts date], the number of pounds of phosphorus that

1would be discharged from the point source during a year if the average concentration
2of phosphorus in the effluent discharged by the point source during the year was 0.2
3milligrams per liter.".
AB680-AA1,2,6 43. Page 6, line 2: after "basis." insert "The department of administration may
5make separate determinations under this paragraph for statewide categories of
6point sources.".
AB680-AA1,2,8 74. Page 6, line 4: after "(a)" insert ", based on water quality based effluent
8limitations for phosphorus determined by the department of natural resources".
AB680-AA1,2,9 95. Page 6, line 23: delete "60th" and substitute "240th".
AB680-AA1,2,10 106. Page 7, line 8: after that line insert:
AB680-AA1,2,16 11"(em) If the department of administration determines under par. (a) that
12attaining the water quality standard for phosphorus through compliance with water
13quality based effluent limitations by point sources that cannot achieve compliance
14without major facility upgrades is not feasible, the department of natural resources
15shall seek approval under 40 CFR Part 131 from the federal environmental
16protection agency for the variance under this section.".
AB680-AA1,2,17 177. Page 7, line 13: delete "1.".
AB680-AA1,2,18 188. Page 7, line 14: after that line insert:
AB680-AA1,2,23 19"(2m) Water quality standards review. Every 3 years as part of the review of
20water quality standards required by 33 USC 1313 (c) (1), if the variance under this
21section is in effect, the department shall determine whether formal review under
22sub. (3) should be undertaken, considering any comments it receives on the variance
23under this section.".
AB680-AA1,3,2
19. Page 7, line 15: delete the material beginning with "Every" and ending with
2"2019" on line 16 and substitute "In 2024".
AB680-AA1,3,4 310. Page 7, line 19: after "effect," insert "or upon a determination under sub.
4(2m) that review under this subsection should be undertaken,".
AB680-AA1,3,7 511. Page 7, line 21: delete the material beginning with "regarding" and ending
6with "achievable" on line 23 and substitute "to evaluate whether the determination
7under sub. (2) (a) remains accurate".
AB680-AA1,3,8 812. Page 8, line 3: delete lines 3 and 4 and substitute:
AB680-AA1,3,10 9"(b) The department of natural resources shall provide all of the following to
10the department of administration for the report under par. (a):".
AB680-AA1,3,12 1113. Page 8, line 15: delete the material beginning with "do" and ending with
12"Decide" on line 16 and substitute "decide".
AB680-AA1,3,13 1314. Page 8, line 20: delete "2." and substitute "(cm)".
AB680-AA1,3,14 1415. Page 8, line 20: delete "subd. 1." and substitute "par. (c)".
AB680-AA1,3,16 1516. Page 8, line 21: after "accurate," insert "the department of natural
16resources shall".
AB680-AA1,3,17 1717. Page 9, line 10: after that line insert:
AB680-AA1,3,21 18"(g) If the department of administration decides under par. (c) that the
19determination described in that paragraph remains accurate, the department of
20natural resources shall seek aproval from the federal environmental protection
21agency under 40 CFR 131.21 for renewal of the variance under this section.".
AB680-AA1,3,23 2218. Page 9, line 14: delete "is in" and substitute "and approval of the variance
23under this section by the federal environmental protection agency are in".
AB680-AA1,4,1
119. Page 9, line 15: delete "if the" and substitute "if all of the following apply:
AB680-AA1,4,22 1. The determination applies to the existing source.
AB680-AA1,4,33 2. Subject to par. (am) 1., the".
AB680-AA1,4,4 420. Page 9, line 17: delete "upgrade" and substitute "upgrade.".
AB680-AA1,4,5 521. Page 9, line 18: delete "and" and substitute:
AB680-AA1,4,6 6"3. The permittee".
AB680-AA1,4,7 722. Page 9, line 18: after that line insert:
AB680-AA1,4,10 8"(am) 1. The department shall approve an application for a variance if the
9requirements in pars. (a) and (b) are complied with, unless the department
10determines that the certification under par. (a) 2. is substantially inaccurate.
AB680-AA1,4,1311 2. The department shall act on an application for a variance under this section
12no later than the 30th day after the day on which the department receives the
13application for the variance.
AB680-AA1,4,1514 3. If the department does not act on the application for a variance by the
15deadline under subd. 2., the application is approved.".
AB680-AA1,4,16 1623. Page 10, line 23: after "par." insert "(ae) or".
AB680-AA1,4,18 1724. Page 10, line 23: delete the material beginning with "the" and ending with
18"limits" on line 24.
AB680-AA1,4,21 1925. Page 10, line 25: after "section" insert "the department may include a
20requirement that the permittee optimize the performance of the point source in
21controlling phosphorus discharges and shall include the following interim limits".
AB680-AA1,4,22 2226. Page 11, line 15: after that line insert:
AB680-AA1,5,6
1"(ae) If a permittee who chose an option for complying with a water quality
2based effluent limitation for phosphorus other than the variance under this section
3applies for the variance under this section, the department shall count a permit that
4included the other compliance option as though the permit had included the
5variance, for the purposes of par. (a), including determining the applicable interim
6limit.".
AB680-AA1,5,7 727. Page 11, line 19: delete "highest" and substitute "most stringent".
AB680-AA1,5,8 828. Page 12, line 13: delete "of administration".
AB680-AA1,5,9 929. Page 12, line 14: delete "(c) 2." and substitute "(cm)".
AB680-AA1,5,10 1030. Page 12, line 16: delete "of natural resources".
AB680-AA1,5,11 1131. Page 12, line 17: delete "(c) 2." and substitute "(cm)".
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