Wisconsin Legislature: NR 274.011(1)

Ch. NR 274 Note Note: Chapter NR 274 as it existed on March 31, 1991 was repealed and a new chapter NR 274 was created effective April 1, 1991.

NR 274.001 NR 274.001 Purpose. The purpose of this chapter is to establish effluent limitations, performance standards, and pretreatment standards for discharges of process wastes from the nonferrous metals manufacturing point source category and its subcategories.

NR 274.001 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.002 NR 274.002 Applicability. This chapter applies to facilities which produce primary metals from ore concentrates and recover secondary metals from recycle wastes and which discharge or may discharge pollutants to waters of the state or which introduce or may introduce pollutants into a publicly owned treatment works. The applicability of this chapter to alloying or casting of nonferrous metals is limited to alloying or casting of hot metals directly from the nonferrous metals manufacturing process without cooling. Remelting followed by alloying or cooling is regulated by aluminum forming, 40 CFR Part 467, nonferrous metals forming, 40 CFR Part 471, or metal molding and casting, ch. NR 256.

NR 274.002 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.003 NR 274.003 General definitions. In addition to the definitions set forth in ss. NR 205.03, 205.04, and 211.03, the following definitions are applicable to the terms used in this chapter:

NR 274.003(1) (1) “Existing source” means any point source, except a new source as defined in sub. (2), from which pollutants may be discharged either into waters of the state or into a publicly owned treatment works.

NR 274.003(2) (2) “New source,” as defined for purposes of new source performance standards and pretreatment standards for new sources, means any point source from which pollutants are or may be discharged directly to waters of the state or into a publicly owned treatment works and for which construction commenced after the date given in the following table: - See PDF for table

NR 274.003(3) (3) “Primary” means the manufacture of a metal from ore concentrates or other virgin materials.

NR 274.003(4) (4) “Secondary” means the manufacture of a metal from scrap or other recycled materials.

NR 274.003 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.004 NR 274.004 Compliance dates.

NR 274.004(1)(1) Any existing source subject to this chapter which discharges to waters of the state shall achieve:

NR 274.004(1)(a) (a) The effluent limitations representing BPT by July 1, 1977; and

NR 274.004(1)(b) (b) The effluent limitations representing BAT by July 1, 1984.

NR 274.004(2) (2) Any new source subject to this chapter which discharges to waters of the state shall achieve NSPS at the commencement of discharge.

NR 274.004(3) (3) Any existing source subject to this chapter which introduces process wastewater pollutants into a POTW shall achieve PSES according to the date in the following tables: - See PDF for table

NR 274.004(4) (4) Any new source subject to this chapter which introduces process wastewater pollutants into a POTW shall achieve PSNS at the commencement of discharge.

NR 274.004 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.005 NR 274.005 Removal allowances for pretreatment standards. Removal allowances according to 40 CFR 403.7(a) may be granted for the toxic metals limited in ch. NR 274 when the toxic metals are used as indicator pollutants.

NR 274.005 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.006 NR 274.006 General provisions.

NR 274.006(1) (1) The monthly average regulatory values shall be the basis for the monthly average discharge in direct discharge permits and for pretreatment standards.

NR 274.006(2) (2) Compliance with the monthly discharge limit is required regardless of the number of samples analyzed and averaged.

subch. I of ch. NR 274 Subchapter I — Bauxite Refining

NR 274.01 NR 274.01 Applicability; description of the bauxite refining subcategory. This subchapter applies to the discharge of pollutants to waters of the state and the introduction of pollutants into POTWs from the refining of bauxite to alumina by the Bayer process and by the combination process.

NR 274.01 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.011 NR 274.011 Specialized definitions. The following definitions apply to the terms used in this subchapter:

NR 274.011(1) (1) “Bauxite” means ore which contains alumina monohydrate or alumina trihydrate and which serves as the principal raw material for the production of alumina by the Bayer process or by the combination process.

NR 274.011(2) (2) “Within the impoundment”, for purposes of calculating the volume of process wastewater which may be discharged, means the surface area within the impoundment at the maximum capacity plus the area of the inside and outside slopes of the impoundment dam and the surface area between the outside edge of the impoundment dam and seepage ditches upon which rain falls and is returned to the impoundment, but the surface area allowance for external appurtenances to the impoundment shall not be more than 30% of the water surface area within the impoundment dam at maximum capacity.

NR 274.011(3) (3) “Pond water surface area”, for the purpose of calculating the volume of wastewater, means the area within the impoundment for rainfall and the actual water surface area for evaporation.

NR 274.011 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.012 NR 274.012 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.

NR 274.012(1)(1) Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve the following effluent limitations representing the degree of effluent reduction attainable by application of BPT.

NR 274.012(2) (2) Except as provided in sub. (3), process wastewater pollutants may not be discharged to waters of the state.

NR 274.012(3) (3) During any calender month, a process wastewater impoundment may discharge from the overflow a volume equivalent to whatever is the greatest of the following:

NR 274.012(3)(a) (a) The difference between the precipitation for that month which falls within the impoundment and the evaporation from the impoundment for that month; or

NR 274.012(3)(b) (b) The difference between the mean precipitation for that month which falls within the impoundment and the mean evaporation for that month as established for the impoundment's location by the national climatic center, national oceanic and atmospheric administration, or as otherwise established if no monthly evaporation has been determined by the national climatic center.

NR 274.012 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.013 NR 274.013 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable.

NR 274.013(1)(1) Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve the following effluent limitations representing the degree of effluent reduction attainable by application of BAT.

NR 274.013(2) (2) Except as provided in sub. (3), process wastewater pollutants may not be discharged to waters of the state.

NR 274.013(3) (3) During any calender month, a process wastewater impoundment may discharge from the overflow a volume equivalent to whatever is the greatest of the following:

NR 274.013(3)(a) (a) The difference between the precipitation for that month which falls within the impoundment and the evaporation from the impoundment for that month; or

NR 274.013(3)(b) (b) The difference between the mean precipitation for that month which falls within the impoundment and the mean evaporation for that month as established for the impoundment's location by the national climatic center, national oceanic and atmospheric administration, or as otherwise established if no monthly evaporation has been determined by the national climatic center.

NR 274.013 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.014 NR 274.014 New source performance standards.

NR 274.014(1)(1) Except as provided in sub. (2), any new source subject to this subchapter may not discharge process wastewater pollutants to waters of the state.

NR 274.014(2) (2) During any calender month, a process wastewater impoundment may discharge from the overflow a volume equivalent to whatever is the greatest of the following:

NR 274.014(2)(a) (a) The difference between the precipitation for that month which falls within the impoundment and the evaporation from the impoundment for that month; or

NR 274.014(2)(b) (b) The difference between the mean precipitation for that month which falls within the impoundment and the mean evaporation for that month as established for the impoundment's location by the national climatic center, national oceanic and atmospheric administration, or as otherwise established if no monthly evaporation has been determined by the national climatic center.

NR 274.014 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.016 NR 274.016 Pretreatment standards for new sources. Any new source subject to this subchapter which introduces pollutants into a POTW shall comply with ch. NR 211.

subch. II of ch. NR 274 Subchapter II — Primary Aluminum Smelting

NR 274.02 NR 274.02 Applicability; description of the primary aluminum smelting subcategory. This subchapter applies to the discharge of pollutants to waters of the state and the introduction of pollutants into POTWs from the production of aluminum from alumina in the Hall-Heroult process.

NR 274.02 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.021 NR 274.021 Measurements not detecting benzo(a)pyrene. If a permittee chooses to analyze for benzo(a)pyrene using any EPA approved method, any nondetected measurements shall be considered zeros for purposes of determining compliance with this subchapter.

NR 274.021 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.022 NR 274.022 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve the following effluent limitations representing the degree of effluent reduction attainable by application of BPT: - See PDF for table

(1) Within the range of 6.0 to 9.0.

NR 274.022 History History: Cr. Register, March, 1991, No. 423, eff. 4-1-91.

NR 274.023 NR 274.023 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve the following effluent limitations representing the degree of effluent reduction attainable by application of BAT: - See PDF for table