August 15, 2001 Summer Board Meeting - Central States Water ...

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Other topics planned for tracking in the future are: TMDLs Reports were received from Dave Taylor, Paul Kent, and Chad Olson. Information on the Wisconsin Section Web Site Rusty Schroedel has worked with Scott Thompson regarding getting the Committee reports on the Web Site. A format has been tentatively selected and will be populated with data shortly. PCB Soil Criteria Update Draft criteria have been proposed for both human and ecological receptors. The human health receptor results in the most limiting criteria. As currently proposed, the soil criteria would be so low (0.1 to 0.3 parts per billion) that land application in Wisconsin would be severely impacted and/or eliminated as a biosolids management option. The current rulemaking schedule calls for the DNR to seek authorization from the Natural Resources Board at its October meeting to take the proposed rule to public hearings. Actual dates for the hearings need to be established, but DNR is currently looking at the December/January timeframe. Concerns regarding the derivation of the proposed criteria remain the same. From a technical standpoint, criteria derivation is driven by the use of very conservative exposure assumptions, coupled with a risk level of 10 -7 . While POTW representatives on the DNR Advisory Committee have highlighted these concerns, there has been little movement to address these issues. Wisconsin Section members participating on the PCB Soil Criteria Advisory Committee continue to advocate for the use of good science, reasonable exposure scenarios, selection of an appropriate risk level, and the appropriate use of risk management during the criteria development process. Absent significant changes, this rulemaking effort will have significant economic impacts to the regulated community. POTWs should continue to track the progress of this effort and be prepared to participate during the public hearings. National Nutrient Criteria EPA has developed recommended criteria for TP, TN, Chlorophyll a and turbidity. Notice of these criteria was published in the January 9, 2001 Federal Register. EPA established a 90-day public comment period for these recommended criteria-the public comment period was subsequently extended by 30 days and ended on May 9, 2001. The criteria are intended as a starting point - States may either adopt these criteria or develop more precise numeric levels (based on sound science) on a site-specific or sub region-specific basis. States are expected to develop associated water quality standards by 2004. The nutrient documents can be found at the following website: http://www.epa.gov/waterscience/criteria/nutrient/ecoregions/factsheet.html The EPA recommended criteria are very restrictive and are based on 25 th percentile concentrations. For the ecoregion that encompasses most of Wisconsin, the TP, TN and Chlorophyll a values for rivers and streams are 0.03 mg/l, 0.54 mg/l and 3.5 ìg/l
espectively. These are extremely restrictive numbers and would place a significant burden on point dischargers. They would also drive the TMDL process. State regulators, including representatives from the Wisconsin Department of Natural Resources have expressed significant concerns about the proposed criteria. Major concerns include: 1) lack of scientific linkages between the proposed criteria and designated uses, 2) lack of scientific linkages between the proposed criteria and ecological endpoints, 3) inadequate timeline for states that choose to develop state specific criteria, 4) selection of response variables, and 5) the role of Gulf of Mexico hypoxia in driving criteria derivation. States have flexibility to develop their own criteria. Therefore, it will be extremely important to work closely with DNR to ensure that they pursue a state-specific approach and follow a reasonable, scientifically valid process when developing criteria. Ammonia Advisory Committee No report. CSO No report. SSO As part of the budget, the SSO ban is out. Storm Water No report. NR 101 Fees In the last report, it was noted that the NR101 rule was revised in the fall of 1999. The State Legislature directed the DNR to remove the revenue target of $7.49 M/year and freeze the adjustment factor. The adjustment factor was used by the DNR to insure they collected the $7.49M. As pollutant loadings dropped, the adjustment factor went up. Robert Weber of the Permits Process and Facility Management Section of the DNR was contacted on August 7 for an update on the fees. Robert mentioned that when the legislature froze the adjustment factor, they also increased the target revenue to $7.95 M/year. This was used to calculate the final adjustment factor. The billings that went out this year fell short of the $7.95 M target. The DNR will collect around $7.6 M this year. If current trends towards lower pollutant loadings continue, the revenue collected through NR101 fees will decrease. COM 83 Comm83 appeal was filed.
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Page 9: No report was received. Water/Waste

August 15, 2001 Summer Board Meeting - Central States Water ...

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