Categories
- Regulatory Train Wreck (109)
- Rulemaking in Wisconsin (17)
- Clean Air Act (174)
- Climate Change (89)
- Water (93)
- Energy (166)
- Renewable Energy (50)
- Waste (22)
- Environmental Protection Agency (169)
- Department of Natural Resources (121)
- United States Supreme Court (10)
- Court Watch (9)
- Wisconsin Supreme Court (21)
- Wisconsin Legislature (32)
Follow Us on Twitter
Place Holder
Previous Posts
- May 2013 (3)
- April 2013 (13)
- March 2013 (18)
- February 2013 (29)
- January 2013 (13)
- December 2012 (14)
- November 2012 (19)
- October 2012 (24)
- September 2012 (19)
- August 2012 (16)
Proposed Water Supply Service Area Plans Rule
Most Recent Action
Public hearings were held on December 14 and 15, 2010.
Background
This rule is one of seven rules that the DNR will be promulgating in order to implement the legislation that ratified the Great Lakes Compact in Wisconsin, 2007 Wisconsin Act 227. The other rules include Water Use Fees for the Great Lakes Basin; Water Conservation and Use Efficiency; Water Use Permitting; Water Loss and Consumptive Use; Water Use Registration and Reporting; and Water Use Public Participation.
The rule establishes a statewide continuous planning process for persons that own or operate a public water supply system that serves a population of 10,000 or more and for persons proposing a new or increased diversion of water from the Great Lakes basin.
Persons preparing a water supply service area plan will need to identify water supply alternatives that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives. Specifically, the planning process will include an evaluation of how future water demands may be offset by implementing water conservation alternatives to preclude the need for additional water supply.
Authority
Section 281.348 Wis. Stats., created in 2007 Wisconsin Act 227, directs the DNR to establish and administer a continuing water supply planning process for the preparation of water supply service area plans for persons operating public water supply systems.
Proposed Standards
The rule establishes a statewide continuous planning process for persons that own or operate a public water supply system that serves a population of 10,000 or greater. The rule is estimated to affect approximately 77 public water supply systems throughout the state, including an estimated 20 consecutive water systems that purchase water from other public water supply systems. The rule will affect persons operating public water supply systems owned primarily by a city, village, town, utility district or municipal water district.
Persons preparing a water supply service area plan will need to identify water supply alternatives that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives. Specifically, the planning process will include an evaluation of how future water demands may be offset by implementing water conservation alternatives to preclude the need for additional water supply.
Generally, persons responsible for submitting a water supply service area plan will need to obtain an approved water supply service area plan on or before December 31, 2025. The proposed rule provides specific dates for submittal of a water supply service area plan based on the status of the system pumping capacity, change in water supply source, and size of the population served by a public water supply system. Additionally, persons operating a public water supply system in the Great Lakes basin must have an approved water supply service area plan before the DNR will grant an approval of a new or increased withdrawal; and persons proposing a new or increased diversion of Great Lakes water must have an approved water supply service area plan as a condition of a diversion approval. The planning period for water supply service area plans is 20 years.
The delineation of the water supply service area to which the public water supply system may provide water is a major element of the water supply service area planning process. The water supply service area must be delineated by an area-wide water quality planning agency designated by the Governor, or by the owner in areas of the state where no area-wide water quality planning agency is designated. The delineated water supply service area includes the existing water supply service area and the projected growth areas for the 20-year planning period. The area identified as the projected growth area for planning purposes does not obligate the public water supply system to provide water to the projected growth area.
The content of a water supply service area plan includes a description of the existing water supply system; a description of water sources and water withdrawals; a description of water use by customers; population projections, and projected water demand needs over the 20-year planning period.
A public water supply system planning to meet the projected water demand with new or enlarged facilities must submit a water supply service area plan that includes a cost-effectiveness analysis of water supply alternatives that would provide an adequate quantity and quality of water to the system's customers. The cost-effectiveness analysis will evaluate the anticipated costs associated with implementing the water supply alternative and associated infrastructure needs. The evaluation of water supply alternatives will include an assessment of environmental impacts associated with implementing the water supply alternative.
A public water supply system that plans to meet the water demand with existing water supply facilities will need to submit a water supply service area plan that provides a determination and description of the system's ability to meet the forecasted water demand. The public water supply system will need to demonstrate that the available water supply source will be sustainable over the 20-year planning period. Public water systems that can meet the projected water demand using existing water supply facilities will not have to provide a cost-effectiveness analysis or environmental assessment of water supply alternatives.
The water supply service area planning process encourages intergovernmental cooperation. The plans will need the approval of the governing body of each city, village and town whose public water supply is addressed by the plan. The plans must also be consistent with approved comprehensive plans, area-wide water quality plans, and other applicable planning efforts.
The water supply service area planning process also includes a public participation process. Owners of a public water supply systems preparing a water supply service area plan must hold at least one public hearing prior to approval of the plan by the governing body of each city, village,and town whose public water supply is addressed by the plan before the plan is submitted to the department for approval.
Water withdrawals proposed in a water supply service area plan must comply with applicable withdrawal requirements specified by statute and rule. Withdrawals within the Great Lakes basin subject to state or Compact decision-making standards must comply with the applicable decision-making standards prior to DNR approval of a water supply service area plan. The proposed rule establishes a DNR approval process, a conditional approval process, and establishes a process to revise an approved water supply service area plan.
Additional Information
The DNR Water Use Rules website.
Related Documents
Initial Proposed Rulemaking Order
Report to the Legislative Rules Clearinghouse
Lead Ammunition Dodges a Bullet
October 29, 2010The EPA recently denied a petition filed by several organizations requesting the EPA adopt regulations prohibiting the manufacture, processing, and distribution in commerce of lead shot, lead bullets, lead fishing sinkers, and other lead-containing fishing gear.
Report: EPA Regulations Seek to Reduce Coal-fired Power Generatioin
October 27, 2010A report issued yesterday by the North American Electric Reliability Corporation (NERC) highlights how a number of EPA regulations, if fully implemented, will reduce power generation from coal-fired plants.
According to the report, 2010 Special Reliability Scenario Assessment: Resource Adequacy Impacts of Potential U.S. Environmental Regulations, EPA regulations “could accelerate the retirement of a significant number of fossil fuel-fired power plants.” NERC estimates that the regulations will subtract between 46 and 76 gigawatts of generating capacity from the U.S. grid by 2015. This in turn could result in a reduction of about 7.2 percent of national power generation, almost all of which from coal-fired plants.
EPA Grants E15 Waiver for Newer Vehicles
October 15, 2010
The United States EPA this week waived a limitation on selling fuel that is more than 10 percent ethanol for cars and light trucks made in 2007 and newer. Under the EPA’s waiver decision, fuel and fuel additive manufacturers are allowed to introduce into commerce gasoline that contains up to 15 percent ethanol (also known as E15).
The EPA denied a portion of waiver for introduction of E15 for use in model year 2000 and older light-duty motor vehicles, as well as all heavy-duty gasoline engines and vehicles, highway and off-highway motorcycles, and nonroad engines, vehicles, and equipment. The EPA will decide at a later date whether E15 will be allowed for model year 2001 to 2006 vehicles.
For more information about the E15 waiver, click here.
Incorporating Federal "Tailoring" Rules into Wisconsin's Major Source Permitting Rules
Most Recent Action
EPA is proposing to approve revisions to the Wisconsin SIP, Dec. 28, 2012
Background
The EPA has adopted GHG rules that will subject sources of GHG emissions to regulations under the existing major source permitting program. This rule will subject thousands of small and previously unregulated sources to permitting requirements, so the EPA has found it necessary to also propose to adopt another rule to set higher applicability thresholds in order to avoid unduly burdening many small sources with the cost of meeting permitting requirements.
A revision of existing state major source permitting rules consistent with this federal action is necessary to ensure that smaller sources will not be subject to major source permitting requirements for GHG emissions in Wisconsin.
The Natural Resources Board approved an emergency rule to incorporate the federal tailoring rules into Wisconsin's rules at its December 8, 2010 meeting.
The emergency rule expires on July 13, 2011, so the DNR is also promulgating a permanent rule.
Authority
In Massachusetts v. EPA, 549 US 497, the Supreme Court found that GHG are air pollutants covered by the Clean Air Act and directed the EPA to make a finding as to whether emissions of these gases from new motor vehicles cause or contribute to air pollution which may be reasonably anticipated to endanger public health or welfare. On December 7, 2009 the EPA made their official finding, referred to as the “endangerment finding” establishing the prerequisite to regulating GHG emissions from motor vehicles.
Subsequent to this finding, the EPA and the US DOT finalized regulations on April 1, 2010 establishing standards for GHG emissions from new light duty motor vehicles, starting with model year 2012.
The combined effect of the Supreme Court decision and the finalized motor vehicle rule adds GHG to the list of pollutants that are regulated under the Clean Air Act. This in turn subjects stationary sources (i.e., electric utilities, factories, small business, etc.) to the prevention of significant deterioration (PSD) & Title V permitting programs if their GHG emissions exceed established threshold amounts.
Section 285.11(16), Wis. Stats., requires the DNR to promulgate rules that specify the amounts of emissions that result in a stationary source being classified as a major source. This section requires the rules to be consistent with the Clean Air Act.
Section 285.11(1), Wis. Stats., gives the DNR authority to promulgate rules consistent with ch. 285, Wis. Stats.
Section 227.11(2)(a), Wis. Stats., gives state agencies general rulemaking authority.
Section 227.14(1m)(b), Wis. Stats., allows agencies to use the format of federal regulations in preparing a proposed rule if it determines that all or part of a state environmental regulatory program is to be administered according to standards, requirements or methods which are similar to standards, requirements or methods specified for all or part of a federal environmental program.
Section 227.24(1)(a), Wis. Stats., gives agencies the authority to promulgate a rule as an emergency rule without complying with notice, hearing, and publication requirements under ch. 227, Wis. Stats., if necessary for the preservation of public welfare.
Proposed Standards
Wisconsin sources became subject to permit and emission control requirements on January 2, 2010. As the statutes and code exist right now, Wisconsin sources will not benefit from the federal tailoring rule limiting applicability under air permit and emission control regulations.
The emergency rules and the proposed permanent rules would revise the administrative code to make it consistent with the new federal rule. Specifically, the proposed rules:
Define greenhouse gases as the six pollutants listed in the endangerment finding (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride);
Define how to calculate a carbon dioxide equivalency (CO2e) for the six pollutants;
Define a major source of GHG emissions at 100,000 tons per year CO2e;
Define a significance level for PSD permitting at 75,000 tons per year CO2e; and
Establish a two step phased-in implementation schedule.
In addition to the federal requirements above, the rules propose to:
Define an inclusion level for emission sources that will be included in a Title V permit; and
Establish the global warming potential for the greenhouse gases being regulated.
Related Documents
Wisconsin’s Response to the EPA’s request that the state allow the EPA to regulate PSD and part 70 title V permitting programs.
Emergency Rulemaking Order, December 15, 2010
Permanent Rule Documents:
Rules Proposed for Hearing, Background Memo and Fiscal Estimate
Final Proposed Rulemaking Order
EPA Response:
EPA is proposing to approve revisions to the Wisconsin SIP, Dec. 28, 2012
Ambient Air Quality Standards for Ozone and Particulate Matter
Most Recent Action
A final rulemaking order was filed on July 30, 2009.
Background
Chapter NR 404, Wis. Adm. Code, contains ambient air standards which are intended to be the same as the federal NAAQS promulgated by EPA, as is required under Section 285.21(1)(a), Wis. Stats.
Chapter NR 484, Wis. Adm. Code, incorporates by reference the federal air pollution monitoring requirements related to the ambient air standards that are employed by the Department.
In 1987, the EPA promulgated NAAQS for particulate matter of less than 10 micrometers in diameter (PM10) because PM10 was found to be noticeably detrimental to the human respiratory system. In 1997, the EPA promulgated NAAQS for particles less than 2.5 micrometers in diameter (PM2.5) because PM2.5 was demonstrated to significantly impact the human respiratory system.
In 2006, the EPA lowered the 24 hour PM2.5 NAAQS to better reflect the scientific understanding of fine particle effects on humans, and revoked the annual PM10 NAAQS, citing a lack of evidence linking health problems to long-term exposure to PM10.
Authority
The Department is required under s. 285.21(1)(a), Stats., to promulgate by rule ambient air standards similar to, but not more restrictive than the national ambient air quality standards (NAAQS).
The Department is also authorized under s. 285.11(6), Stats., to promulgate rules in order to prepare and implement the State Implementation Plan for the prevention, abatement and control of air pollution in the state.
Standard
The DNR amended chs. NR 404 and 484, Wis. Adm. Code, to address the above-noted NAAQS changes to better reflect the current understanding of how particulate matter affect human health and to maintain consistency with the federal NAAQS.
This rule:
- Repealed the ambient air quality standard for annual PM10 from ch. NR 404;
- Repealed the monitoring requirements incorporated by reference in NR 484 corresponding to annual PM10 standard; and
- Adopted the PM2.5 NAAQS into NR 404 and incorporates by reference corresponding monitoring requirements in NR 484.
The rule originally included a repeal of the air quality standard for total suspended particulates (TSP) that would mirror federal standards. After the close of the public comment period in October, 2007, concerns were expressed by several citizens and the NRB regarding the proposed repeal. Consequently, the final rule did not include the repeal of the TSP air standard. The DNR assured the public the TSP standards would be addressed at a future time, but action has yet to be taken.
Related Documents
Natural Resource Board Agenda Item for Hearing (green sheet)
Natural Resources Board Agenda Item (Amended green sheet)
Air Permitting Requirements for Particulate Matter Less Than 2.5 Microns
- Defines major source thresholds for PM2.5 and significant emission increase level for PM2.5.
- Establishes significant impact levels and increment consumption thresholds for PM2.5.
- Establishes inter-pollutant trading ratios for PM2.5, SO2 and NOx.
- Clarifies existing non-attainment area permitting rules for permitting in PM2.5 non-attainment areas (presently Milwaukee, Waukesha and Racine counties are PM2.5 non-attainment areas and subject to non-attainment area new source permitting for PM2.5).
Currently, PM2.5 is not regulated under the new source review program in PM2.5 air quality attainment areas. Under federal law and this rule, PM2.5 will be regulated for all emission sources, with a permitting threshold at levels comparable to those previously set for larger particulate matter (PM and PM10).
Increases in PM2.5 emissions will potentially trigger the need to obtain an air pollution control construction permit, including requirements to control emissions to levels which represent best available control technology or lowest achievable emission rate.
Permitting rules have been in effect in the three-county PM2.5 non-attainment area since that area was designated by the EPA in December 2009. This proposal clarifies existing rules by defining a significant increase and establishing emission offset requirements.
The PM2.5 rules will make the regulations consistent with the equivalent Federal rules with one exception. That exception is the inclusion of a maximum air quality impact that can be allowed to be exempt from pre-construction monitoring. The proposed value in this order is based on the lowest value proposed by the EPA.
Additionally, the rule package includes some cleanup changes to otherwise unaffected existing rules. These changes are proposed to include up-to-date test methods and definitions in these existing rules.
Related Documents
Letter from Gov. Jim Doyle to EPA: Designation of PM2.5 Nonattainment Areas in Wisconsin; Oct. 20, 2008.
EPA Letter to Gov. Jim Doyle - designating five Wisconsin counties as PM2.5 nonattainment areas, and a portion of a sixth county (Columbia); Dec. 22, 2008
EPA and NHTSA Announce Plans to Move Forward with More Stringent Tailpipe and Fuel Economy Standards
October 1, 2010
The EPA and National Highway Traffic Safety Administration (NHTSA) today issued a joint notice announcing plans to “propose stringent federal greenhouse gas and fuel economy standards for light-duty vehicles for the 2017-2025 model years as part of a coordinated National Program.”
Earlier this year (May 7), the Obama Administration issued a final joint rule to reduce greenhouse gas emissions and increased fuel economy for all new cars and trucks sold in the United States covering model years 2012 through 2016 (equivalent to 35.5 miles per gallon if the automotive industry were to meet this CO2 level all through fuel economy improvements).
According to their announcement today, EPA and NHTSA “will continue to develop standards on an attributed-approach, using the vehicle size measure of ‘footprint,’” similar to the way the agencies did for the recent standards for model years 2012-16. The agencies plan to issue a joint Notice of Proposed Rulemaking by September 30, 2011 and a Final Rulemaking by July 31, 2012.
For more information about today’s announcement, and previous federal fuel economy and greenhouse gas emission standards, click here.
September Natural Resources Board Meeting
October 1, 2010The September meeting of the Natural Resources Board was noticeably quiet compared to the NRB’s last few meetings. Any rules passed at the September meeting will have to wait until after elections for implementation, so many rules were rushed through at the last meeting, making September a month with a smaller agenda.