Chapter NR 233

NR 233.52   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology (BPT).

NR 233.53   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).

NR 233.54   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).

NR 233.55   New source performance standards (NSPS).

NR 233.56   Pretreatment standards for existing sources (PSES).

NR 233.57   Pretreatment standards for new sources (PSNS).

subch. I of ch. NR 233 Subchapter I — General Provisions

NR 233.01 NR 233.01 Purpose. The purpose of this chapter is to establish effluent limitations, performance standards and pretreatment standards for discharges of process wastes from the pesticide chemicals point source category and its subcategories.

NR 233.01 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97.

NR 233.02 NR 233.02 Applicability. This chapter applies to any pesticide chemicals facility that discharges or may discharge a pollutant to waters of the state or that introduces or may introduce pollutants into a publicly owned treatment works.

NR 233.02 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97.

NR 233.03 NR 233.03 General definitions. In addition to the definitions in ss. NR 205.03, 205.04 and 211.03, the following definitions apply to the terms used in this chapter:

NR 233.03(1) (1) “Active ingredient” means an ingredient of a pesticide which is intended to prevent, destroy, repel or mitigate any pest.

NR 233.03(1e) (1e) “Appropriate pollution control technology” means the wastewater treatment technology listed in Table 10 for a particular pesticide active ingredient including an emulsion breaking step prior to the listed technology when emulsions are present in the wastewater to be treated.

NR 233.03(1o) (1o) “Equivalent system” means a wastewater treatment system that is demonstrated in literature, treatability tests, or self-monitoring data to remove a similar level of pesticide active ingredient or priority pollutant as the applicable appropriate pollution control technology listed in Table 10.

NR 233.03(2) (2) “Existing source” means any point source, except a new source as defined in sub. (3), from which pollutants are or may be discharged either to waters of the state or into a publicly owned treatment works.

NR 233.03(2e) (2e) “Formulation of pesticide products” means the process of mixing, blending, or diluting one or more of the pesticide active ingredients with one or more active or inert ingredients, without an intended chemical reaction, to obtain a manufacturing use product or an end use product.

NR 233.03(2o) (2o) “Group one mixtures” means any product whose only pesticide active ingredient is:

NR 233.03(2o)(a) (a) Any common food or food constituent.

NR 233.03(2o)(b) (b) Any non-toxic household item.

NR 233.03(2o)(c) (c) Any substance that is generally recognized as safe by the U.S. food and drug administration as provided in 21 CFR 170.30, Parts 182, 184, and 186 in accordance with good manufacturing practices as defined by 21 CFR Part 182.

NR 233.03(2o)(d) (d) Any product exempt from the federal insecticide, fungicide, rodenticide act as provided in 40 CFR 152.25.

NR 233.03(2p) (2p) “Group 2 mixtures” means those chemicals listed in Table 9.

NR 233.03(2q) (2q) “Inorganic wastewater treatment chemicals” means inorganic chemicals that are commonly used in wastewater treatment systems to aid in the removal of pollutants through physical and chemical technologies such as chemical precipitation, flocculation, neutralization, chemical oxidation, hydrolysis, or adsorption.

NR 233.03(2r) (2r) “Interior wastewater” means any wastewater that is generated from cleansing or rinsing the interior of pesticide formulating, packaging, or repackaging equipment, raw material drums, shipping containers, or bulk storage tanks. Also included is cooling water that comes into direct contact with pesticide active ingredients during the formulating, packaging, or repackaging process.

NR 233.03(2u) (2u) “Microbial pesticides” means registered pesticide active ingredients that are biological control agents listed in 40 CFR 152.20(a)(3) including protozoa, algae, fungi, bacteria and viruses.

NR 233.03(3) (3) “New source” means any point source for which the commencement of construction occurred after April 10, 1992, in subchs. II and III and after April 14, 1994 for subchs. IV and VI and from which pollutants are or may be discharged either to waters of the state or into a publicly owned treatment works.

NR 233.03(3e) (3e) “Packaging of pesticide products” means enclosing or placing a formulated pesticide product into a marketable container.

NR 233.03(4) (4) “Pest” means:

NR 233.03(4)(a) (a) Any insect, rodent, nematode, fungus or weed.

NR 233.03(4)(b) (b) Any other form of terrestrial or aquatic plant or animal life.

NR 233.03(4)(c) (c) Any virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living man or other living animals, which the administrator declares to be a pest under the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC 136 et.seq.

NR 233.03(5) (5) “Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

NR 233.03(6) (6) “Pesticide chemicals” means the sum of all active ingredients manufactured at each facility covered by this chapter.

NR 233.03(6e) (6e) “PFPR/manufacturing facility” means a pesticide formulating, packaging, or repackaging facility that also performs pesticide manufacturing on-site and commingles their PFPR process wastewaters and pesticide manufacturing process wastewaters.

NR 233.03(6o) (6o) “Pool chemicals” means pesticide products that are intended to disinfect or sanitize, reduce or mitigate growth or development of microbiological organisms in the water of swimming pools, hot tubs, spas, or other such areas in the household or institutional environment as provided in the directions for use on the product label.

NR 233.03(7) (7) “Priority pollutants” means the toxic pollutants listed in s. NR 215.03.

NR 233.03(8) (8) “Refilling establishment” means an establishment where the activity of repackaging a pesticide product occurs.

NR 233.03(9) (9) “Repackaging of pesticide products” means the transfer of a pesticide formulation or pesticide active ingredients from one container to another without a change in composition of the formulation or the labeling content for sale or distribution.

NR 233.03(10) (10) “Sanitizer products” means pesticide products that are intended to disinfect or sanitize, reduce or mitigate growth or development of microbiological organisms on inanimate surfaces in the household, institutional, or commercial environments and whose labeled directions for use result in the product being discharged to a POTW. This definition also includes sanitizer solutions as defined by 21 CFR 178.1010 and pool chemicals as defined in this section. This definition does not include liquid chemical sterilants, including sporicidals, exempted by s. NR 233.30 (3) (f) or industrial preservatives and water treatment microbiocides other than pool chemicals.

NR 233.03(11) (11) “Stand-alone PFPR facility” means a PFPR facility where either no pesticide manufacturing occurs or pesticide manufacturing process wastewaters are not commingled with PFPR process wastewaters. Facilities may formulate, package, repackage, or manufacture other non-pesticide chemical products and be considered a stand-alone PFPR facility.

NR 233.03 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; cr. (1e), (1o), (2e) to (2u), (3e), (6e), (6o), (8) to (11), am. (3), Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.04 NR 233.04 Compliance dates.

NR 233.04(1) (1) Any existing source subject to this chapter which discharges to waters of the state shall achieve:

NR 233.04(1)(a) (a) The effluent limitations representing BPT by July 1, 1977; and

NR 233.04(1)(b) (b) The effluent limitations representing BAT by July 1, 1984.

NR 233.04(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 233.04(3) (3) Any existing source subject to subchs. II and III which introduces process wastewater pollutants into a POTW shall achieve PSES by September 28, 1996.

NR 233.04(3e) (3e) Any existing source subject to subchs. IV and VI which introduces process wastewater pollutants into a POTW shall achieve PSES by November 6, 1999.

NR 233.04(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 233.04 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; am. (3), cr. (3e), Register, May, 2001, No. 545, eff. 6-1-01.

subch. II of ch. NR 233 Subchapter II — Organic Pesticide Chemicals Manufacturing Subcategory

NR 233.10 NR 233.10 Applicability; description of the organic pesticide chemicals manufacturing subcategory.

NR 233.10(1) (1) For the purpose of calculating and applying effluent limitations for COD, BOD5, and TSS, and applying pH limits under BPT in s. NR 233.12, BCT in s. NR 233.13, and NSPS in s. NR 233.15:

NR 233.10(1)(a) (a) This subchapter applies to discharges resulting from the manufacture of organic pesticide active ingredients and organo-tin pesticide active ingredients except those listed in par. (b).

NR 233.10(1)(b) (b) This subchapter does not apply to the following:

Allethrin   Naphthalene acetic acid

Benzyl benzoate   Propargite

Bisethlyxanthogen   1,8 Naphthalic anhydride

Chlorophacinone   Quinmethionate

Coumafuryl   Rotenone

Dimethyl phthalate   Sulfoxide

Diphacinone   Triazine compounds, both

Endothall acid     symmetrical and EXD (Herbisan) asymmetrical

Gibberellic acid   Warfarin and similar

Glyphosate     anticoagulants.

NR 233.10(1)(c) (c) The effluent limitations of this subchapter for BOD5 and TSS, but not COD, apply to the manufacturers of the following:

Ametryn   Prometryn

Atrazine   Propazine

Cyanazine   Simazine

Glyphosate   Terbuthylazine

Hexazinone   Terbutryn

Prometon

NR 233.10(2) (2) For the purpose of calculating BPT effluent limitations in s. NR 233.12 for organic pesticide chemicals, this subchapter applies to discharges resulting from the manufacture of the following organic active ingredients:

2,4-D   Fenuron

2,4,5-T   Fenuron-TCA

Aldrin   Heptachlor

Aminocarb   Lindane

Azinphos methyl   Linuron

Barban   Malathion

BHC   Methiocarb

Captan   Methoxychlor

Carbaryl   Mexacarbate

Chlordane   Mirex

Chlorpropham   Monuron

Diazinon   Monuron-TCA

DDD   Neubron

DDE   Parathion ethyl