Text

NRR E-mail Capture - (External_Sender) FW: Shine Medical Technologies Water Quality Certification
	ML15298A002
Person / Time
Site:	SHINE Medical Technologies
Issue date:	10/22/2015
From:	Jim Costedio; SHINE Medical Technologies
To:	Steven Lynch, Michelle Moser; Division of License Renewal, Division of Policy and Rulemaking
References
	Download: ML15298A002 (7)
	v • d • e

NRR-PMDAPEm Resource From: Jim Costedio <Jim.Costedio@shinemed.com>

Sent: Thursday, October 22, 2015 7:56 AM To: Lynch, Steven; Moser, Michelle

Subject:

[External_Sender] FW: SHINE Medical Technologies Water Quality Certification Attachments: SHINE_WQC_waived.pdf FYI - Jim From: Bub, Laura A - DNR [1]

Sent: Wednesday, October 21, 2015 5:32 PM To: Jim Costedio <Jim.Costedio@shinemed.com>

Cc: michelle.moser@nrc.gov; Landretti, Jane R - DNR <Jane.Landretti@wisconsin.gov>; Kavanaugh, Edwina C - DNR

<Edwina.Kavanaugh@wisconsin.gov>; Martin, James T - DNR <JamesT.Martin@wisconsin.gov>; Bekta, Eugene D - DNR

<Eugene.Bekta@wisconsin.gov>; Anderson, Russell A - DNR <Russell.Anderson@wisconsin.gov>

Subject:

RE: SHINE Medical Technologies Water Quality Certification Good evening, Please replace the former letter with the current attached letter. This most recent version includes a sentence that explicitly states that SHINE will not need WQC for activities covered by WPDES permits.

Laura We are committed to service excellence.

Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Laura Bub Phone: (608) 275-3485 Laura.Bub@Wisconsin.gov From: Bub, Laura A - DNR Sent: Wednesday, October 21, 2015 2:06 PM To: Jim Costedio (Jim.Costedio@shinemed.com)

Cc: michelle.moser@nrc.gov; Landretti, Jane R - DNR; Kavanaugh, Edwina C - DNR; Martin, James T - DNR; Bekta, Eugene D - DNR; Anderson, Russell A - DNR

Subject:

SHINE Medical Technologies Water Quality Certification Waiver Good afternoon Jim, Attached, please find correspondence that explains why Water Quality Certification is not needed for the construction of the SHINE Medical Technologies facility proposed in Janesville, WI. Please let me know if any additional detail is required for you to fulfill your obligations to the U.S. Nuclear Regulatory Commission.

Laura We are committed to service excellence.

Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

1

Laura Bub Environmental Analysis and Sustainability Wisconsin Department of Natural Resources Phone: (608) 275-3485 Fax: (608) 275-3338 Laura.Bub@Wisconsin.gov dnr.wi.gov 2

Hearing Identifier: NRR_PMDA Email Number: 2477 Mail Envelope Properties (SN1PR0801MB1646DE4183AD5E65B51AE1CDEC270)

Subject:

[External_Sender] FW: SHINE Medical Technologies Water Quality Certification Sent Date: 10/22/2015 7:55:50 AM Received Date: 10/22/2015 7:55:58 AM From: Jim Costedio Created By: Jim.Costedio@shinemed.com Recipients:

"Lynch, Steven" <Steven.Lynch@nrc.gov>

Tracking Status: None "Moser, Michelle" <Michelle.Moser@nrc.gov>

Tracking Status: None Post Office: SN1PR0801MB1646.namprd08.prod.outlook.com Files Size Date & Time MESSAGE 2403 10/22/2015 7:55:58 AM SHINE_WQC_waived.pdf 101029 Options Priority: Standard Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

Recipients Received:

State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Scott Walker, Governor 3911 Fish Hatchery Road Cathy Stepp, Secretary Fitchburg WI 53711-5397 Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Access via relay - 711 October 21, 2015 Jim Costedio SHINE Medical Technologies 2555 Industrial Drive Monona WI 53713

Subject:

Applicability of Wisconsin Water Quality Certification

Dear Mr. Costedio:

This agency has been working with the U.S. Nuclear Regulatory Commission (NRC) to provide department comments on the NRCs draft EIS for SHINE Medical Technologies (SHINE), a proposed medical radioisotope production facility in Janesville, Wisconsin. SHINE has requested a letter stating that construction activities at the proposed SHINE facility in Janesville qualify for a waiver or an exemption of water quality certification requirements.

I am writing to provide you the applicable language in Wisconsin law. Wisconsins chapter NR 299, Wis. Adm.

Code, sets forth the procedures and criteria for Wisconsins Water Quality Certification. It provides that the department will waive certification for any activity that will be regulated under chapter 283, Wis. Stats., or any activity that does not fall within the purview of the departments authority. Chapter 283 provides the regulatory authority for Wisconsin Pollutant Discharge Elimination System (WPDES) permits, including the Storm Water Discharge Permits that will be required for this specific project. For this reason, SHINE will not require Water Quality Certification where it is covered under WPDES permits.

For your convenience, I have included a copy of chapter NR 299, Wis. Adm. Code, and direct you specifically to

s. NR 299.01(c), Wis. Adm. Code.

Please let me know if you have additional questions.

Sincerely, Laura Bub Environmental Analysis Review Specialist attachment cc: Michelle Moser - U.S. Nuclear Regulatory Commission Jane Landretti - Wisconsin DNR/Legal Services Edwina Kavanaugh - Wisconsin DNR/Legal Services Jim Martin - Wisconsin DNR/Storm Water Dan Bekta - Wisconsin DNR/Storm Water Russ Anderson - Wisconsin DNR/Environmental Analysis

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.

783 DEPARTMENT OF NATURAL RESOURCES NR 299.03 Chapter NR 299 WATER QUALITY CERTIFICATION NR 299.01 Purpose and policy. NR 299.04 Department review of water quality certification application.

NR 299.02 Definitions. NR 299.05 Preliminary and final department action.

NR 299.03 Application for certification.

Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, November, (8) Regional administrator means the administrator of 1997, No. 503.

region V of the U.S. environmental protection agency.

NR 299.01 Purpose and policy. (1) This chapter is pro- (9) Water dependency means the activity requires location mulgated under ss. 227.11 (2) (a), 281.11, 281.12 (1) and 283.001, in or adjacent to surface waters or wetlands to fulfill its basic pur-Stats., to establish procedures and criteria for the application, pro- pose.

cessing and review of state water quality certifications required by (10) Waters of the state as defined in s. 281.01 (18), Stats.,

the provisions of the federal water pollution control act, 33 USC means those portions of Lake Michigan and Lake Superior within 1251 et seq. the boundaries of Wisconsin, and all lakes, bays, rivers, streams, (2) It is the policy of the department to review, consistent with springs, ponds, wells, impounding reservoirs, marshes, water-the requirements of section 1341 of the federal water pollution courses, drainage systems and other surface or groundwater, natu-control act, 33 USC 1251, et seq., all activities which require a fed- ral or artificial, public or private, within the state or its jurisdiction.

History: Cr. Register, May, 1981, No. 305, eff. 6181; renum. from NR 299.03, eral license or permit which may result in any discharge to waters cr. (7) and (9), Register, October, 1990, No. 418, eff. 11190.

of the state and to:

(a) Deny certification for any activity where the department NR 299.03 Application for certification. (1) No per-does not have reasonable assurance that any discharge will com- son may conduct any activity which may result in any discharge ply with effluent limitations or water quality related concerns or into the waters of the state unless the person has received a certifi-any other appropriate requirements of state law as outlined in s. cation or waiver under this chapter. Unless the licensing or per-NR 299.04; mitting agency or the regional administrator submits an applica-(b) Grant or grant conditionally certification for any activity tion to the department under 40 CFR 121.13, the applicant shall where the department has reasonable assurance that any discharge submit to the department a complete description of the activity for will comply with effluent limitations, water quality related con- which certification is sought, including:

cerns or any other appropriate requirements of state law as out- (a) The name and address of the applicant; lined in s. NR 299.04; or (b) A description of the facility or activity and of any discharge (c) Waive certification for any activity which the department which may result from the activity or facility, including, but not finds will result in no discharge, any wastewater discharge associ- limited to: the volume of discharge; the biological, chemical, ther-ated with an activity which will be regulated by the permit author- mal, and other characteristics of the discharge; a description of the ity under ch. 283, Stats., or any activity that does not fall within existing physical environment at the site of the discharge; the size the purview of the departments authority. of the area affected; the location or locations at which the dis-History: Cr. Register, May, 1981, No. 305, eff. 6181; am. Register, October, charge may enter the waters of the state; and any environmental 1990, No. 418, eff. 11190. impact document information and photographs which have been provided to the licensing or permitting agency; NR 299.02 Definitions. For the purpose of this chapter: (c) A description of the function and operation of equipment, (1) Applicant means any person who applies for any license facilities, or activities to treat pollutants or other effluents which or permit granted by an agency of the federal government to con- may be discharged, including specification of the degree of treat-duct any activity which may result in any discharge into the waters ment expected to be attained; of the state. (d) The date or dates on which the activity will begin and end, (2) Department means the department of natural resources. if known, and the date or dates on which the discharge will take (3) Discharge means any addition of any pollutant to the place; waters of the state from any point source. (e) A description of the methods being used or proposed to (4) Licensing or permitting agency means any agency of the monitor the quality and characteristics of the discharge and the federal government to which application is made for any license operation of equipment, facilities, or activities employed in the or permit to conduct an activity which may result in any discharge treatment or control of pollutants or other effluents; into the waters of the state. (f) Information sufficient to determine whether the proposed (5) Person means an individual, corporation, partnership, activity is water dependent; and association, municipality, state agency, interstate agency or fed- (g) A description of practicable alternatives to the proposed eral agency. activity and a description of the investigation conducted to deter-(6) Pollutant means any dredged spoil, solid waste, inciner- mine the viability of such alternatives, including alternative loca-ator residue, sewage, garbage, refuse, oil, sewage sludge, muni- tions, construction design and methods, and operations.

tions, hazardous waste, hazardous substance, chemical wastes, (2) The department shall initially determine whether a com-biological materials, radioactive substance, heat, wrecked or dis- plete application has been submitted and, no later than 30 calendar carded equipment, rock, sand, cellar dirt and industrial, municipal days after the application has been submitted, notify the applicant and agricultural waste. in writing about the initial determination of completeness. If the (7) Practicable alternatives means alternatives which are department determines that the application is incomplete, the available and capable of being implemented after taking into con- notice shall state the reason for the determination and the specific sideration cost, available technology, and logistics in light of real- items of information necessary to make the application complete.

istic project purposes. An application may not be considered complete until the require-Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608) 2663151. Register April 2013 No. 688

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.

NR 299.03 WISCONSIN ADMINISTRATIVE CODE 784 ments of the Wisconsin environmental policy act, s. 1.11, Stats., 2. A statement advising the licensing or permitting agency have been met and until all information necessary for associated and the applicant if the activity proposed requires authorization permits, such as Wisconsin pollution discharge elimination per- under requirements of state law administered by the department mits under ch. 283, Stats., has been submitted to the department. which are not related to water quality; and, where applicable, (3) The department may not demand items of information that 3. Specific recommendations to the federal permitting are not specified in the notice as a condition for determining authority and the applicant for avoidance of waters of the state.

whether the application is complete unless both the department When all reasonable alternatives necessarily result in adverse and the applicant agree or unless the applicant makes material impacts on waters of the state, a waiver may recommend specific additions or alterations to the project for which the application has project locations, and design and construction techniques which been submitted. minimize adverse impacts on waters of the state and which mini-(4) The department shall protect as confidential any informa- mize overall environmental impacts.

tion, other than effluent data, submitted under this chapter which (d) A grant or conditional grant of certification shall include:

meets the requirements of s. 283.55 (2) (c), Stats., and s. NR 2.19. 1. A statement that there is a reasonable assurance the activity History: Cr. Register, May, 1981, No. 305, eff. 6181; renum. from NR 299.04 will be conducted in a manner which will comply with the stan-and am. (1), (2), (4) and (5), r. (3), Register, October, 1990, No. 419, eff. 11190; dards enumerated in s. NR 299.04 and, if appropriate, CR 02015: am. (2) and (3) Register January 2003 No. 565, eff. 2103.

2. A statement of conditions which the department deems NR 299.04 Department review of water quality certi- necessary with respect to the discharge including necessary moni-fication application. (1) The department shall, upon receipt toring requirements. Monitoring requirements shall include, but of the complete application, determine whether it has reasonable not be limited to, provisions that:

assurance that the proposed activity will: a. At least 5 business days prior to the beginning of the dis-(a) Result in any discharge; and charge, the applicant shall notify the department of its intent to commence the discharge; (b) Comply with the following water quality standards: b. Within 5 business days after the completion of the dis-

1. Effluent limitations adopted under s. 283.13, Stats., and 33 charge, the applicant shall notify the department of the completion USC 1311, for categories of discharges; of the discharge;

2. Water based related effluent limitations adopted under s. c. The applicant shall allow the department reasonable entry 283.13 (5), Stats., and 33 USC 1312; and access to the discharge site in order to inspect the discharge

3. Water quality standards adopted under s. 281.15, Stats., and for compliance with the certification and applicable laws.

33 USC 1313; 3. A statement advising the licensing or permitting agency

4. Standards of performance adopted under s. 283.19, Stats., and the applicant if the activity proposed may require additional and 33 USC 1316; authorization under requirements of state law administered by the

5. Toxic and pretreatment effluent standards adopted under department which are not related to water quality.

s. 283.21, Stats., and 33 USC 1317; (e) A denial of certification shall include, a statement explain-

6. Public interest and public rights standards, related to water ing why the department does not have reasonable assurance that quality, set forth in ss. 30.03, 30.10, 30.11, 30.12, 30.123, 30.13, the discharge will comply with the standards enumerated in s. NR 30.15, 30.18, 30.19, 30.195, 30.196, 30.20, 30.202, 30.206, 299.04, and detailing the standards of concern.

30.21, 31.02, 31.05, 31.06, 31.07, 31.08, 31.12, 31.13, 31.18, (f) All denials or revocations of certification shall include a 31.23, 88.31 and 281.15, Stats., and made applicable by 33 USC statement that unless a written request for a hearing is filed with 1341 (d); the department within 30 days after mailing of the decision, the departments decision will become final without public hearing at

7. Any other appropriate requirements of state and federal law the end of the 30day period.

as provided in ss. 281.17 (10) and 281.36 and 33 USC 1341 (d).

History: Cr. Register, May, 1981, No. 305, eff. 6181; renum. from NR 299.05 (fm) All grants or conditional grants of certification shall and am. (1) (intro.), (b) (intro.), 2. and 6., Register, October, 1990, No. 418, eff. include a statement that unless a written request for hearing is filed 11190; CR 02015: am. (1) (intro.) Register January 2003 No. 565, eff. 2103; with the department within 30 days after publication of the deci-CR 09123: am. (1) (b) 7. Register July 2010 No. 655, eff. 8110; correction in (1)

(b) 7. made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688. sion, the departments decision will become final without public hearing at the end of the 30day period.

NR 299.05 Preliminary and final department action. (g) All such decisions may also include other information (1) The department shall notify the applicant, the federal permit- which the department determines to be appropriate.

ting or licensing agency, and the regional administrator within 120 (4) Except for applications under chs. 30 and 31, Stats., the calendar days of receipt of the complete application of its deter- department shall, in the case of a grant or conditional grant of cer-mination to deny the certification, grant or conditionally grant the tification:

certification, or waive the certification. (a) Notify the applicant, the licensing or permitting agency and (2) The departments determination shall be in writing and known interested persons of its decision.

shall explain the reasons for granting, granting conditionally, (b) Cause notice of its decision to be published by the applicant denying or waiving certification. as a class I notice under ch. 985, Stats. Notice under this subsec-(3) The departments decision concerning a certification shall tion shall identify the applicant and his or her address, describe the include the following: activity and its location, state the departments determination, and (a) The name and address of the applicant; apprise the public of the opportunity to request a hearing under this chapter.

(b) A statement that the department has made its decision (5) Any person whose substantial interests may be affected by about compliance with related state water quality standards enu-the departments determination may, within 30 days after publica-merated in s. NR 299.04 (1) and denies, grants, grants condition-tion of the notice, request in writing a contested case hearing on ally or waives certification consistent with that decision.

the matter under ch. 227, Stats. A request for a contested case (c) A waiver of certification shall include: hearing shall include a written statement giving specific reasons

1. A statement explaining the determination that no discharge why the proposed activity violates the standards under s. NR will result from the activity or that the activity does not fall within 299.04 (1) (b) and provide specific information explaining why the purview of the departments authority; and the petitioners interests are adversely affected by the depart-Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page Register April 2013 No. 688 is the date the chapter was last published. Report errors (608) 2663151.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.

785 DEPARTMENT OF NATURAL RESOURCES NR 299.05 ments determination. The request for hearing shall also include (7) (a) The departments determination shall become final:

a written statement specifying that the petitioner will appear and 1. Upon issuance of the departments decision where no pub-present information supporting the petitioners objections in a lic notice is required, or contested case hearing. The department may request additional

2. Upon the expiration of the 30day period provided under information from the petitioner to support the allegations in the sub. (5) if no person has requested a hearing under that section, or petition prior to granting or denying a hearing request. In any case where a class 1 notice on the application is otherwise required by 3. Upon the issuance of the departments decision denying the law or where a contested case hearing on an application for water request for hearing under sub. (5), or quality certification will be held under some other specific provi- 4. Upon issuance of the departments decision after hearing.

sion of law, the notice and hearings shall be combined. (b) If a hearing is held under sub. (6), the hearing examiner (6) Hearings requested under this section shall be contested shall make findings of fact, conclusions of law and a decision, case hearings, shall be in accordance with the procedures outlined which shall become final when issued in accordance with the pro-in ch. 227, Stats. The hearing shall be a de novo hearing on the cedures in ch. 227, Stats., and this section.

issue of whether the department should grant, grant with condi- (c) The final decision of the department under par. (a) shall be tions, deny or waive water quality certification. No hearing may judicially reviewable as provided under ch. 227, Stats.

be granted under this section on issues relating to water quality History: Cr. Register, May, 1981, No. 305, eff. 6181; am. (1), (2), (3) (f), (4),

certification for a specific project if the same issues were, or could (5), (6) and (7) (a), Register, November, 1981, No. 311, eff. 12181; renum. from have been, adjudicated in another proceeding in which the peti- NR 299.05 and am. (3) to (6) and (7) (a) 3., Register, October, 1990, No. 418, eff.

11190; am. (5) and (6), Register, May, 1998, No. 509, eff. 6198; CR 02015: am.

tioner or persons privy to the petitioner was named or admitted as (1) Register January 2003 No. 565, eff. 2103; CR 09123: am. (3) (f), cr. (3) (fm) a party. Register July 2010 No. 655, eff. 8110.

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608) 2663151. Register April 2013 No. 688

NRR-PMDAPEm Resource From: Jim Costedio <Jim.Costedio@shinemed.com>

Sent: Thursday, October 22, 2015 7:56 AM To: Lynch, Steven; Moser, Michelle

Subject:

[External_Sender] FW: SHINE Medical Technologies Water Quality Certification Attachments: SHINE_WQC_waived.pdf FYI - Jim From: Bub, Laura A - DNR [2]