Wis. Admin. Code Department of Natural Resources NR 119.07

Current through August 26, 2024

Section NR 119.07 - Decision regarding SSC request

(1) The department shall review an SSC request and make a determination on whether the SSC is approvable.

(2) The department may initiate rulemaking under subch. II of ch. 227, Stats., if, after reviewing the submittal, it determines that the proposed SSC is approvable under s. 281.15, Stats. The department shall notify the requestor of its determination. Promulgation of an SSC is a revision to a water quality standard and it requires U.S. EPA approval under 40 CFR 131.20 and 131.21.

Note: An SSC can only be used as the basis for a TMDL after it has been approved by U.S. EPA and taken effect.

(3) If the department determines that a proposed SSC is not approvable under s. 281.15, Stats., s. NR 102.06 (7), and this chapter, then it shall notify the SSC requestor in writing and provide an explanation of the reason for the denial. If a request for an SSC is denied, the requestor may choose to submit additional data or analysis or submit a petition for rulemaking to the department pursuant to the procedures specified in ss. NR 2.03 and 2.05 and s. 227.12, Stats.

Note: If the department chooses not to initiate rulemaking under this section, a petition for rulemaking may be submitted to the department pursuant to s. 227.12, Stats. A petition for rulemaking under s. 227.12(1), Stats., may be submitted by a municipality, an association which is representative of a farm, labor, business or professional group, or any 5 or more persons having an interest in the rule. If a s. 227.12, Stats., petition is denied by the department, the petitioners may seek review of the decision under ch. 227, Stats. In addition, a person may request that U.S. EPA promulgate an SSC under 40 CFR 131.22(b).

Note: To be notified of rulemaking related to water quality standards and assessments, including SSC, the public may subscribe to the water quality standards and assessments electronic notification system on the department's home page at http://dnr.wi.gov/. Requests to be placed on the WPDES permit public notification list may be directed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921, Madison, Wisconsin 53707-7921. Notifications to the mailing list will be sent electronically unless the requestor specifies a preference for a mailed copy.

(4) Any promulgated SSC may later be revised through rulemaking.

Wis. Admin. Code Department of Natural Resources NR 119.07

Adopted by, CR 19-093: cr. Register September 2022 No. 801, eff. 10-1-22; correction in (2) made under s. 35.17, Stats., Register September 2022 No. 801, eff. 10/1/2022