An Assembly committee is again seeking modifications to an administrative rule related to surface water quality after DNR failed to make changes the committee previously requested. 

The proposed rule revision would update the state’s antidegradation policy, which aims to protect surface water by regulating new or increased pollutant discharges under federal requirements in the Clean Water Act.

The Assembly Environment Committee yesterday approved 4-2 along party lines a motion seeking changes. The action comes after Chair Joy Goeben, R-Hobart, last month expressed frustration that the Department of Natural Resources had reversed plans to submit modifications addressing stakeholder concerns.

“I would like to note that all of the recommendations were agreed upon by DNR in the original hearing that we had,” Goeben said yesterday.

Dem Reps. Lori Palmeri, of Oshkosh, and Vincent Miresse, of Stevens Point, did not speak on the proposed changes.

Gov. Tony Evers included the antidegradation rule as part of a larger package his administration directed the Legislative Reference Bureau to publish without approval from the Joint Committee for Review of Administrative Rules. The directive followed a state Supreme Court ruling suspending the Legislature’s ability to indefinitely suspend administrative rules. 

LRB at the time found the antidegradation rule had not completed the standing committee review process. Evers has filed a lawsuit arguing state law doesn’t bar agencies from promulgating a rule before standing committees complete their review.

DNR declined to comment on yesterday’s action due to the ongoing lawsuit.