LRBa1686/2
RCT:cjs:rs
2013 - 2014 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 547
February 12, 2014 - Offered by Senator Farrow.
SB547-SA1,1,4
4"(h) "Target value" means the following:
SB547-SA1,1,105
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].
SB547-SA1,2,311
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.".
SB547-SA1,2,6
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.".
SB547-SA1,2,8
74. Page 6, line 4: after "(a)" insert ", based on water quality based effluent
8limitations for phosphorus determined by the department of natural resources".
SB547-SA1,2,16
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.".
SB547-SA1,2,23
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.".
SB547-SA1,3,4
310. Page 7, line 19: after "effect," insert "or upon a determination under sub.
4(2m) that review under this subsection should be undertaken,".
SB547-SA1,3,7
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".
SB547-SA1,3,10
9"(b) The department of natural resources shall provide all of the following to
10the department of administration for the report under par. (a):".
SB547-SA1,3,21
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.".
SB547-SA1,3,23
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".
SB547-SA1,4,22
1. The determination applies to the existing source.
SB547-SA1,4,33
2. Subject to par. (am) 1., the".
SB547-SA1,4,6
6"3. The permittee".
SB547-SA1,4,10
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.
SB547-SA1,4,1311
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.
SB547-SA1,4,1514
3. If the department does not act on the application for a variance by the
15deadline under subd. 2., the application is approved.".
SB547-SA1,4,21
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".
SB547-SA1,5,6
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.".
