- Section 283.83, Wis. Stats., requires that the department establish a continuing planning process and that plans shall include implementation procedures including compliance schedules for revised water quality standards. - Section 227.11(2), Wis. Stats., provides the department with the authority to promulgate rules that are necessary to administer the specific statutory directives in ch. 283, Wis. Stats. 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 550 hours of state employee time will be needed to complete the promulgation of the proposed rule over 3 years.
6. List with description of all entities that may be affected by the proposed rule:
Business/Industry and Municipalities: Businesses, industries and municipalities that discharge to surface waters and hold WPDES permits or may obtain a WPDES permit in the future, including their consultants, attorneys or other advisors, may be affected by this rule. The revisions will provide a clearer antidegradation review process and clearer, more consistent definitions.
State Government: The rule update will enable the department to gain efficiencies in several internal processes allowing state funds to be used more economically.
Public: The public will benefit from a more transparent approach to protecting Wisconsin’s high quality waters and the ability to participate in both the selection of these waters and the antidegradation determinations made by the department.
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:
- 33 USC 1313(c) (section 303(c) of the Clean Water Act) requires that states periodically review and modify or adopt, if necessary, water quality standards. This requirement applies to all surface waters in the state. - 33 USC 1313(b) provides that EPA may promulgate water quality standards if a state fails to promulgate a standard in accordance with the timeframes established in 33 USC 1313(a). 33 USC 1313(d)(4)(B) (section 303(d)(4)(B) of the Clean Water Act) allows effluent limitations to be revised only if the revisions are subject to and consistent with EPA’s antidegradation policy. - 40 CFR 131.12 contains the federal antidegradation policy and procedures, and requires states with approved programs to be consistent with the federal antidegradation requirements. - 40 CFR 132 Appendix E contains antidegradation procedures for discharges of certain pollutants to the Great Lakes Basin. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The department expects moderate economic impacts ($50,000 to less than $10 million in any 2 years) as a result of this rule. The economic impact of this rule package is partially dependent on the approach selected. Selection of the waterbody-by-waterbody approach would allow the department to focus where antidegradation reviews are required. Reviews would only be needed for new or increased discharges that would significantly lower the water quality of the waters determined to be high quality.
Selection of the parameter-by-parameter approach would allow the department to implement the same process for any waterbody when new/increased discharges of parameters are proposed for which water quality is better than necessary to support uses. As part of this rule package, both approaches will be evaluated to ensure that the selected approach provides adequate protection to the state’s waters while minimizing economic impacts. Businesses, industries and municipalities that discharge to surface waters and hold a WPDES permit or may obtain a WPDES permit in the future may be affected by this rule. The department will solicit public input on the projected economic impact and will convene an advisory group to provide input on the proposed rule modifications.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding a virtual public hearing in the month of April 2023 to provide an opportunity for business/industry, municipalities, environmental groups and the public throughout the state to participate.
