Final decisions on variances pending EPA approval

Variances to water quality standards may be granted on facility-specific basis for the length of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit term. The department reviews all applications for variances and includes a tentative decision on a variance in the public noticed permit. After the 45-day public comment period and informational hearing, in accordance with ss. 283.15(34) and 283.39, Wis. Stats and 40 CFR 131.14, the department issues a final decision on a variance.

Environmental Protection Agency review

Following the department's final decision, the Environmental Protection Agency must review all variances before the department may include an alternate effluent limit (AEL) or interim limit from the variance in a final permit. The EPA has 60 days to review all variances submitted by the department. The department will issue the permit to reflect the EPA's decision.

Public review

In accordance with s. 283.15(4)(d), Wis. Stats., the department's final decision is reviewable under subchapter III of ch. 227, Wis. Stats., except ss. 227.40-227.46, 227.485-227.51, and 227.60. The department's final variance decisions are posted in the table below. Petitions for review of final decisions may be submitted to the department within 30 days of the date of the final decision indicated under the column entitled Final Decision Date. To clarify, the deadline to submit a petition for review of the department's final decision on the variance will likely be before the permit is issued.

Obtaining permit documents

The department's final decision on the variance and supporting documentation can be downloaded by clicking on the file under the column entitled DNR Final Decision. The proposed permit, which includes the proposed AEL or interim limit, can be downloaded by clicking on the file under the column entitled Proposed Permit.

Permits are not considered final and issued until they have been signed and dated by DNR staff. Final copies of WPDES wastewater permits are available from the DNR website by using the Permit Search Tool. The permit drafter indicated in the final decision may also be contacted to obtain a copy of the final (issued) permit. Copies of permit applications and variance applications can also be obtained by contacting the permit drafter.