In 2008, the federal government initiated the Gulf Hypoxia Action Plan to improve the conditions of the Mississippi River Basin and the Northern Gulf of Mexico by addressing excess nitrogen and phosphorus loads. There are 30 states, including Wisconsin, that were approached with this plan because of our relationship with the Mississippi River.
In order to broadly manage the amount of phosphorus and nitrogen reaching the Gulf, the federal Environmental Protection Agency initiated guidelines and recommendations to states including encouragement to adopt numeric criteria for maximum phosphorus and nitrogen levels.
In 2010, the Wisconsin Natural Resources Board, the governing board of the Department Natural Resources, voluntarily signed up to participate in the Action Plan and set arbitrary numeric standards for phosphorus limits in our state's waterways. The board did not sign up to monitor nitrogen. The DNR board set the phosphorus discharge standard at .075 parts per million or mg/liter. This threshold was not based on any science or cost/benefit analysis. The standard is the lowest in the country.
While the intent of this action was pragmatic, the real-world application of arbitrary numeric limitations has placed significant strain on communities throughout the state, including many in the 17th Senate District. The point sources of phosphorus are primarily wastewater treatment facilities. These are the only source that can be easily regulated by government. As such, a very large problem is on the shoulders of a small part of the cause.
The point sources in our communities are our municipal wastewater treatment facilities. These facilities are funded by rate-payers.
Municipal wastewater facilities are issued 5-year permits by the DNR. Since 2011, new permits include new phosphorus requirements and a timeline to reach specific levels of phosphorus in order for our state to comply with the federal Clean Water Act, which we volunteered to do in 2010.
As the first round of permits comes to a close, many of our municipalities are facing significant challenges to meet their requirements. The Village of Plain and the Village of Benton are at the point where they are adding a chemical - ferric chloride - to meet their goals. Plain is spending $20,000 per year on the chemical fix while Benton is spending $100,000 per year.
Plain has an interim limit of 3.6 ppm until 2020 and then it will need to meet the .075 ppm standard. According to Nick Ruhland, the village's Director of Public Works, it would have to significantly upgrade and renovate its wastewater treatment plant in order to accomplish this standard. The cost for this, according to Ruhland, would be astronomical and the burden on ratepayers would be unreasonable. Plain is a village of only 782 people.
Sewer rates in Plain have already increased 10 percent per year since it signed its last permit in 2012. The minimum service charge for village customers is currently $35.75 for up to 5,000 gallons per quarter and $143 for non-village customers per quarter. Adding a major renovation to the plant would multiply these rates significantly.
The 17th Senate District includes 94 industrial and municipal wastewater discharges. According to the DNR, 85 of these facilities have potentially restrictive phosphorus limits that may warrant a facility upgrade; nine facilities do not have restrictive phosphorus limitations or are already complying with their limits.
As much as we would like to, we cannot go back to 2010 and un-volunteer for these phosphorus standards. Non-compliance would impact significant federal dollars to our state and de-delegate Wisconsin so that the EPA would once again enforce regulations within our state. We don't want to do that.
In response to this terrible burden, the Wisconsin legislature recently passed legislation that enabled the DNR to seek approval from the EPA to offer multi-discharger and individual variances to the numeric standards for individual municipalities. The state is currently waiting to see if the EPA will grant this request.
Current water treatment technology to achieve the very low, arbitrary standards we voluntarily set in 2010 is very expensive and unproven. By allowing our municipalities time to meet the standards, the EPA will enable Wisconsin to take advantage of new technology, study untested techniques and seek lower-cost alternatives.
The variances would also allow a permittee to undertake some activity to reduce phosphorus contributions from other sources in their watershed. They may be able to do this through water trading or adaptive management practices.
Like most municipalities in Wisconsin, both Benton and Plain recognize their role in protecting water quality, but they also know that the responsibility is much broader than the small shoulders of their village wastewater treatment plant. It is my hope that the EPA will approve the DNR's request so that our state can offer municipalities the time, technology and flexibility to meet standards while working with their non-point neighbors to improve phosphorus levels overall.
For more information and to connect with me, visit my website legis.wisconsin.gov/senate/17/marklein and subscribe to my weekly E-Update by sending an email to Sen.Marklein@legis.wisconsin.gov. Do not hesitate to call 800-978-8008 if you have input, ideas or need assistance with any state-related matters.
- Sen. Howard Marklein represents Wisconsin's 17th Senate District. His column is published Mondays in the Times.
In order to broadly manage the amount of phosphorus and nitrogen reaching the Gulf, the federal Environmental Protection Agency initiated guidelines and recommendations to states including encouragement to adopt numeric criteria for maximum phosphorus and nitrogen levels.
In 2010, the Wisconsin Natural Resources Board, the governing board of the Department Natural Resources, voluntarily signed up to participate in the Action Plan and set arbitrary numeric standards for phosphorus limits in our state's waterways. The board did not sign up to monitor nitrogen. The DNR board set the phosphorus discharge standard at .075 parts per million or mg/liter. This threshold was not based on any science or cost/benefit analysis. The standard is the lowest in the country.
While the intent of this action was pragmatic, the real-world application of arbitrary numeric limitations has placed significant strain on communities throughout the state, including many in the 17th Senate District. The point sources of phosphorus are primarily wastewater treatment facilities. These are the only source that can be easily regulated by government. As such, a very large problem is on the shoulders of a small part of the cause.
The point sources in our communities are our municipal wastewater treatment facilities. These facilities are funded by rate-payers.
Municipal wastewater facilities are issued 5-year permits by the DNR. Since 2011, new permits include new phosphorus requirements and a timeline to reach specific levels of phosphorus in order for our state to comply with the federal Clean Water Act, which we volunteered to do in 2010.
As the first round of permits comes to a close, many of our municipalities are facing significant challenges to meet their requirements. The Village of Plain and the Village of Benton are at the point where they are adding a chemical - ferric chloride - to meet their goals. Plain is spending $20,000 per year on the chemical fix while Benton is spending $100,000 per year.
Plain has an interim limit of 3.6 ppm until 2020 and then it will need to meet the .075 ppm standard. According to Nick Ruhland, the village's Director of Public Works, it would have to significantly upgrade and renovate its wastewater treatment plant in order to accomplish this standard. The cost for this, according to Ruhland, would be astronomical and the burden on ratepayers would be unreasonable. Plain is a village of only 782 people.
Sewer rates in Plain have already increased 10 percent per year since it signed its last permit in 2012. The minimum service charge for village customers is currently $35.75 for up to 5,000 gallons per quarter and $143 for non-village customers per quarter. Adding a major renovation to the plant would multiply these rates significantly.
The 17th Senate District includes 94 industrial and municipal wastewater discharges. According to the DNR, 85 of these facilities have potentially restrictive phosphorus limits that may warrant a facility upgrade; nine facilities do not have restrictive phosphorus limitations or are already complying with their limits.
As much as we would like to, we cannot go back to 2010 and un-volunteer for these phosphorus standards. Non-compliance would impact significant federal dollars to our state and de-delegate Wisconsin so that the EPA would once again enforce regulations within our state. We don't want to do that.
In response to this terrible burden, the Wisconsin legislature recently passed legislation that enabled the DNR to seek approval from the EPA to offer multi-discharger and individual variances to the numeric standards for individual municipalities. The state is currently waiting to see if the EPA will grant this request.
Current water treatment technology to achieve the very low, arbitrary standards we voluntarily set in 2010 is very expensive and unproven. By allowing our municipalities time to meet the standards, the EPA will enable Wisconsin to take advantage of new technology, study untested techniques and seek lower-cost alternatives.
The variances would also allow a permittee to undertake some activity to reduce phosphorus contributions from other sources in their watershed. They may be able to do this through water trading or adaptive management practices.
Like most municipalities in Wisconsin, both Benton and Plain recognize their role in protecting water quality, but they also know that the responsibility is much broader than the small shoulders of their village wastewater treatment plant. It is my hope that the EPA will approve the DNR's request so that our state can offer municipalities the time, technology and flexibility to meet standards while working with their non-point neighbors to improve phosphorus levels overall.
For more information and to connect with me, visit my website legis.wisconsin.gov/senate/17/marklein and subscribe to my weekly E-Update by sending an email to Sen.Marklein@legis.wisconsin.gov. Do not hesitate to call 800-978-8008 if you have input, ideas or need assistance with any state-related matters.
- Sen. Howard Marklein represents Wisconsin's 17th Senate District. His column is published Mondays in the Times.
