ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
CREATING RULES
The Wisconsin Natural Resources Board adopts an order to: create NR 111 relating to cooling water intake structures. |
WY-19-14
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted:
2. Statutory Authority:
3. Explanation of Agency Authority:
Chapter 283, Wis. Stats., grants authority to the department to establish, administer and maintain a Wisconsin Pollutant Discharge Elimination System (WPDES). Sections 283.11, 283.31, and 227.11(2)(a), Wis. Stats., provide authority to promulgate rules to administer the WPDES permit program consistent with federal requirements and to include terms and conditions in permits consistent with federal regulations. Section 283.31 (6), Wis. Stats., grants authority to require that the location, design, construction and capacity of water intake structures reflect the best technology available for minimizing adverse environmental impact. Section 283.37, Wis. Stats., provides authority to establish rules for permit applications. Sections 283.55, and 227.11(2)(a), Wis. Stats., grant authority to the department to establish monitoring requirements in permits. Section 283.83, Wis. Stats., provides authority for a continuing planning process, which includes schedules of compliance for limitations. The department also has authority to promulgate rules under s. 227.11 (2) (a), Wis. Stats., necessary to administer the specific statutory requirements and effectuate the purpose of ch. 283, Wis. Stats. 4. Related Statutes or Rules:
These rules relate indirectly to the WPDES permit program that regulates wastewater discharges. Related rules include all other rules that comprise the WPDES permit program and include chapters NR 100 to 106 and 200 to 299, Wis. Adm. Code.
5. Plain Language Analysis:
The purpose of the proposed rule is to ensure that the state’s regulations are consistent with federal regulations. Minor clarifications and corrections will also be made.
Under the federal water pollution control act (Clean Water Act), the U.S. Environmental Protection Agency (EPA) has a responsibility to promulgate rules addressing the impingement and entrainment of aquatic organisms at cooling water intake structures. Effective January 17, 2002 and October 14, 2014, the EPA promulgated rules that specify requirements for New Facilities and Existing Facilities that address impingement and entrainment at cooling water intake structures. In order to be consistent with the EPA-promulgated New Facilities and Existing Facilities Rules, the Department of Natural Resources (the department) is proposing to create ch. NR 111, Wis. Adm. Code. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
Following the revisions contained in this rule package, the department rules will be consistent with existing federal regulations:
40 CFR 125 Subpart I – Requirements for New Facilities; 40 CFR 125 Subpart J – Requirements for Existing Facilities; 33 U.S.C. § 1326(b), Clean Water Act section 316(b) – Requirements for facilities with cooling water intake structures
7. Comparison with Similar Rules in Adjacent States:
All the other adjacent states including EPA Region 5 states (Illinois, Indiana, Michigan, Minnesota, and Ohio) and EPA Region 7 states (Iowa, Nebraska, Kansas and Missouri) are subject to the EPA regulations that apply to the National Pollutant Discharge Elimination System permit program and that are delegated to the states for implementation, and therefore, have the same requirements as Wisconsin. The proposed rule does add select definitions to clarify implementation of the rule, and such definitions are not in place in neighboring states.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Not applicable.
