Purpose and applicability

Purpose and applicability. (1) Purpose. The purpose of this subchapter is to establish implementation procedures for the antidegradation policy under s. NR 102.045 . This subchapter sets procedures applicable to proposed new or increased discharges to the surface waters of the state. (2) Applicability. (a) Except as provided in par. (b) , this subchapter applies to any person proposing to increase an existing discharge or create a new discharge to the surface waters of the state at any of the following actions after July 1, 2026: 1. Submittal of an application for individual WPDES permit issuance, reissuance, modification, or revocation and reissuance, if antidegradation review was not previously conducted under subds. 2. to 4. 2. Submittal of a new or amended municipal facility plan. 3. Submittal of new or amended municipal plans and specifications if antidegradation review was not previously conducted during the facility planning stage. 4. Submittal of new or amended industrial plans and specifications. (b) If the department has already reviewed and approved a new or increased discharge for any action under par. (a) within 5 years prior to July 1, 2026, additional antidegradation review is not required under this subchapter. (c) For a proposed increased discharge, an antidegradation review shall be conducted for the portion of the discharge that represents an increase from the existing, authorized discharge. (d) For general WPDES permits, the department shall apply antidegradation procedures under s. NR 207.041 when the department issues a notice of intent to issue, reissue, modify, or revoke and reissue the permit. (e) For storm water discharges regulated under s. 283.33 , Stats., the implementation procedures under s. NR 216.008 shall be followed. (f) For all other new or increased discharges to high quality waters, including new concentrated animal feeding operations seeking an alternative discharge limitation under s. NR 243.13 (2) (b) or (3) (c) , the procedures under ss. NR 207.031 to 207.041 shall be followed. (g) An antidegradation review under this subchapter is not required for temporary discharges or for water quality trades that result in an overall net reduction to the receiving water of the pollutant being traded.