CCR is a “solid waste” within the meaning of s. 289.01(33), Wis. Stats. Section 289.05(1), Wis. Stats., requires the department to promulgate rules establishing minimum standards for solid waste facilities. Sections 289.06(1) and 227.11(2)(a), Wis. Stats., also confer rule making authority to the department to promulgate rules implementing ch. 289, Wis. Stats. These provisions supply the department with explicit authority to regulate disposal facilities handling CCR. On April 17, 2015, the EPA published a final rule to regulate the disposal of CCR as solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA), 40 CFR Parts 257 and 261. The final rule was effective on October 14, 2015. The 2016 Water Infrastructure Improvements for the Nation (WIIN) Act, Section 2301 allowed states to develop and submit a CCR permit program to EPA for approval. On July 17, 2018, EPA signed additional rule amendments (Phase One, Part One) with additional action pending to address other proposed rule amendments. These changes have allowed the State of Wisconsin to create a CCR permit program. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that approximately 600 - 800 hours of staff time will be required to complete the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rule will impact CCR landfill and surface impoundment owners and operators, which are generally electric utilities. There are approximately 18 existing and new CCR landfill units under federal regulation, which when combined represent 6 solid waste landfill facilities under Wisconsin regulation. There are approximately 12 CCR surface impoundment units under federal regulation, which are located at 4 separate facilities. The federally regulated CCR landfills and surface impoundments are owned by 4 companies that will likely be impacted by the proposed rule.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The proposed rule revisions will be consistent with federal CCR rules in order for Wisconsin to seek approval of state CCR permit programs. Current portions of chs. NR 500 – 520, Wis. Adm. Code, are already consistent with federal rules or may be considered at least as protective as federal rule for CCR landfills. The proposed rule will not address the location restrictions, design criteria, operating criteria and closure requirements for CCR surface impoundments. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
Based on our preliminary analysis, we do not anticipate a significant economic impact to individuals or groups. If there were to be any economic cost resulting from this rule, we anticipate that it would be very minimal to moderate (between $50,000 to $500,000). Most of the changes in the proposed rule have already been implemented by the federal government and facilities have already complied with the federal rule. The proposed rule is simply modifying Wisconsin regulations to be consistent with portions of the federal rule to allow Wisconsin to apply for a CCR state permit program. Any additional cost as a result of this proposed rule will be related to plan preparation and review.
The rule is not likely to have an impact on small businesses. CCR landfills and surface impoundments are generally operated by electric utilities that do not meet the definition of a small business under s. 227.114 (1), Wis. Stats.
The proposed rule is not expected to significantly impact state funding and expenditures. There may be some additional revenue initially from plan review fees, which is estimated to be less than $200,000. There will be some additional expenditure of time to modify current CCR landfill plan approvals to address the proposed rule; however, this will be a short term impact because those facilities are already regulated by the department. There may be some additional expenditure of time for CCR landfills initially for permitting and over the long term due to additional reporting and groundwater monitoring requirements. Because surface impoundments are not currently approved by the department, there will be additional expenditure of time to review and approve plans related to long term care and monitoring. There will also be an additional expenditure of time for regulatory oversight over the long term. It is difficult to estimate the additional costs at this time; however, during initial permitting an additional project position may be needed to accomplish the additional work in conjunction with existing staff. The cost of an additional project position is estimated to be less than $100,000 per year.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding two public hearings in the month of June 2021. Hearing cities will be in Waukesha and Portage Counties.
The Department will hold these hearings in these locations to receive comments regarding the proposed rule.
Contact Person: Kate Strom Hiorns, Department of Natural Resources, Waste and Materials Management Program, PO Box 7921, Madison, WI 53707-7921; (608) 261-8449; KathrynM.StromHiorns@wisconsin.gov.
