Site-Specific Phosphorus Criteria

Latest News: 

The Wisconsin Department of Natural Resources (DNR) Board submitted the rule to the Legislative Council Rules Clearinghouse. A public hearing is scheduled for September 12, 2019. Comments will be accepted through September 20. 

Next Step:

After the public hearing, the agency must finalize the rule text and submit it to the governor for approval. 

 

This proposed rule would establish procedures for developing site-specific phosphorus water quality criteria. Current Wis. Admin. Code NR 102.06 establishes statewide phosphorus criteria. Any site-specific criteria more or less stringent than the statewide standard must then be promulgated by individual rule. The proposed code changes would create a streamlined, standard methodology for establishing site-specific criteria so that DNR could establish criteria outside of the rulemaking process. The process for establishing criteria would include public comment and review by the federal Environmental Protection Agency but would bypass rulemaking requirements such as approval of the governor and legislature. However, if a member of the public requests rulemaking on a proposed site-specific criteria, DNR must promulgate the individual criterion through the formal rulemaking process.

 

Timeline

June 29, 2012 Scope statement approved by former Gov. Scott Walker.
April 10, 2019 DNR Board approved public hearings and submission to Legislative Council.
Natural Resources Board approves hearings for proposed phosphorus rule: Wisconsin Public Radio, April 10, 2019.
July 15, 2019 Rule submitted to Legislative Council Rules Clearinghouse.
September 12, 2019 Public hearing (notice)
Comments accepted through September 20.

 

Administration Documents

CR 19-093

Economic impact analysis

 

Hamilton Resources

DNR To Move Forward With Phosphorus Criteria Rulemaking April 18, 2019