Wisconsin Legislature: NR 212.77(4)

NR 212.76(3)(3) Mixing zones for bioaccumulative chemicals of concern (BCCs). WQBELs derived from TMDL wasteload allocations for BCCs shall be consistent with and no less stringent than the mixing zone provisions under s. NR 106.06 (2).

NR 212.76(4)(4) Expression of limits. WQBELs derived from TMDL wasteload allocations shall be expressed consistent with the provisions specified in s. NR 205.065 unless impracticable or an alternative expression of limitations is determined appropriate by the department and is consistent with the assumptions of the TMDL.

NR 212.76(5)(5) Compliance schedules. When a permit is issued, reissued, or modified with new WQBELs based on a TMDL established using the procedures in this subchapter, the department may include a compliance schedule to achieve compliance with the TMDL based limitation if the permittee’s treatment system is unable to immediately comply with the limitation. The compliance schedule shall meet all of the following conditions:

NR 212.76(5)(a)(a) The schedule of compliance will lead to compliance with the water quality based effluent limitation as soon as possible.

NR 212.76(5)(b)(b) The compliance schedule may not extend beyond the expiration date of the permit unless extended compliance schedules are authorized in ch. NR 217, other Wisconsin administrative code chapters, or a TMDL schedule in an approved areawide water quality management plan under ch. NR 121. Compliance schedules for toxic and organoleptic substances shall be consistent with the requirements of s. NR 106.117.

NR 212.76(5)(c)(c) Dates between interim compliance steps in the compliance schedule may not exceed one year.

NR 212.76(5)(d)(d) Development and implementation of an optimization plan or pollution minimization plan may be included as part of the compliance schedule as a means of complying with the effluent limitation.

NR 212.76(6)(6) Relationship of WQBELS derived from TMDL wasteload allocations and other wqbels. The department may include WQBELs derived from TMDL wasteload allocations in a permit in addition to, or in lieu of, other WQBELs.

NR 212.76 HistoryHistory: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16.

NR 212.77NR 212.77 Public Participation.

NR 212.77(1)(1) The department shall conduct an informational public hearing and provide an opportunity for the public to comment on a proposed TMDL before the TMDL is submitted to EPA for approval. The minimum time period for written comments shall be 30 days from the date of public notice of a TMDL. The department shall post notice of a proposed TMDL on the department’s website.

NR 212.77(2)(2) Once a TMDL is approved by EPA, the TMDL is automatically incorporated into all applicable areawide water quality management plans, lake management plans, or remedial action plans.

NR 212.77(3)(3) The department may not impose a WQBEL based on a TMDL in a permit under s. NR 212.76 (6), until the TMDL has been approved by EPA.

NR 212.77(4)(4) The department shall provide public notice and provide an opportunity for comment on a calculated WQBEL that is derived from the EPA-approved TMDL during the public notice and comment period on the permit as provided in ch. NR 203 and ch. 283, Stats.

NR 212.77 HistoryHistory: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16.

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