Posted on July 2, 2014 by Linda Bochert
Imagine a nutrient reduction program that achieves financially manageable point source reductions while generating new cash for nonpoint source reductions, has bi-partisan support and requires no new state regulatory or fee programs. Not possible you say? Meet the Wisconsin Clean Waters, Healthy Economy Act, now codified at Wis. Stat. s. 283.16.
In prior postings, I have described Wisconsin’s phosphorus reduction rule, including its compliance options of water quality trading and adaptive management. These are innovative alternatives to traditional construction but, unfortunately, not viable for all dischargers.
Now Wisconsin has another tool: a multi-discharger variance, based on a finding of statewide social and economic impact, available to dischargers that cannot meet the water quality based effluent limitation (WQBEL) for phosphorus without a major facility upgrade. Under the variance, a point source will still be required to decrease its phosphorus discharge — meeting interim limitations of 0.8 mg/L, 0.6 mg/L, 0.5 mg/L, and the final WQBEL over four WPDES permit terms; and while doing so will make payments to the counties within its basin, providing cost-share dollars for nonpoint source phosphorus reductions. At $50/pound for the difference between the actual pounds of phosphorus discharged and the target value of 0.2 mg/L, this is expected to generate real money — which the counties will use to implement existing, but seriously underfunded, nonpoint source reduction programs.
Because point sources have installed treatment and reduced their phosphorus discharges by 90% or more to meet Wisconsin’s prior technology-based limit of 1.0 mg/L, the remaining primary contributors of phosphorus to our waters are nonpoint sources. Yet getting funding for nonpoint source controls has been an ongoing, and largely unsuccessful, effort. For context, the Green Bay Metropolitan Sewerage District (GBMSD) currently removes about 95% of the phosphorus it receives; while the wastewater it discharges accounts for less than 3% of the total phosphorus to the lower Green Bay. With an investment of $200 million in capital improvements GBMSD could increase its removal to 98% — a reduction of less than 2% of the total phosphorus load to the bay. Redirecting significant dollars to nonpoint source programs should be a game-changer.
The Wisconsin Department of Natural Resources (WDNR) has been reissuing WPDES permits with phosphorus WQBELs and compliance schedules based on the phosphorus reduction rule that went into effect in December 2010. The variance law went into effect on April 25, 2014, but won’t become available to WPDES permit holders until approved by USEPA. The rule package is expected to be sent to USEPA for approval in January 2015, once the statewide economic impact analysis is completed.
We have an opportunity for creative and meaningful point source and nonpoint source participation in reducing phosphorus discharges to our waters. But time is of the essence. Note to USEPA: there is much to like here – please don’t let the moment pass us by.