Perspectives August 2010

Under a mandate from EPA to decrease phosphorus discharges to waters of the State, the Wisconsin DNR took its proposed revisions to NR 102, 151, 153, 155, and 217 to the June meeting of the Natural Resources Board (NRB). The rule revisions were approved by the NRB and are now scheduled to go before the State Legislature, possibly as early as August. The rule revisions must be submitted to and approved by EPA after approval by the Legislature.

The primary reason for establishing more stringent water quality criteria for phosphorus is to protect the quality of Wisconsin's waters. The state is dependent on its waters for the tourism and fishing industries, which represent a large portion of the state's income. Of particular concern are large outbreaks of nuisance algae caused by excess phosphorus in surface waters. Cladophora, a particularly smelly and offensive algae, has caused problems on Lake Michigan beaches in recent years. Algal blooms deplete oxygen from water bodies, which can cause unlivable conditions for other plant and fish species. It is estimated that 20 percent of phosphorus in water bodies comes from point sources and the remaining 80 percent from non-point sources.

Cladophora

Proposed Point Source Rule Revisions

The proposed revisions to NR 102 and NR 217 establish water quality criteria for surface water bodies and tighter effluent limits for WWTPs and other point sources. DNR has proposed water quality criteria as low as 0.075 mg/L for some streams and rivers. Water quality criteria for lakes vary depending on the type of lake, ranging from 0.005 to 0.04 mg/L. Any new WWTP effluent limits will be based on these criteria. This means that wastewater treatment facilities that currently have phosphorus limits may see their limits decreased. Read more.

Information on the proposed revisions to NR 102 and NR 217 can be found here. Please contact Diane Thoune, PE in our Lake Geneva office via email or at 800.203.7700 with any questions on this topic.

Proposed Nonpoint Source Rule Revisions

Livestock Stream

Revisions to NR 151 (Runoff Management) would set performance standards to reduce phosphorus from urban and agricultural runoff (nonpoint source pollution). Revisions to NR 153 (Targeted Runoff Management Grant Program) would modify grant criteria and procedures and create funding for TMDLs such as non-permitted livestock facilities with runoff Notices of Discharge (NODs). Revisions to NR 155 (Urban Nonpoint Source Water Pollution Abatement and Storm Water Management Grant Program) would increase WDNR's oversight and accountability. Read more.

You can view the information brief (green sheet) on the proposed rules here. Please contact Kristen Belan, PE in our Lake Geneva office via email or at 800.203.7700 with any questions on this topic.