Chapter NR 233

NR 233.30(4)(c) (c) Inorganic wastewater treatment chemicals.

NR 233.30(4)(d) (d) Group one and group 2 mixtures as defined under s. NR 233.03 (2o) and (2p).

NR 233.30(5) (5) This subchapter does not apply to wastewater discharges from the development of new formulations of pesticide products and the associated efficacy and field testing at on-site and stand-alone research and development laboratories where the resulting pesticide product is not produced for sale.

NR 233.30(6) (6) This subchapter does not apply to wastewater discharges from the formulation, packaging, or repackaging of liquid chemical sterilant products for use on a critical or semi-critical device as defined in s. 201 of the federal food, drug, and cosmetic act and in s. 2(u) of the federal insecticide, fungicide, rodenticide act.

NR 233.30 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; r. and recr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.305 NR 233.305 Specialized definitions. The following definitions apply to the terms used in this subchapter:

NR 233.305(1) (1) “Initial certification statement” means a written submission to the department or control authority which shall be signed by the responsible corporate officer as defined in 40 CFR 122.22 or s. NR 211.15 (10) and which:

NR 233.305(1)(a) (a) Lists and describes those product families, process lines, or process units for which the PFPR facility is implementing the pollution prevention alternative.

NR 233.305(1)(b) (b) Describes the PFPR facility specific practices for each product family, process line, or process unit which are to be practiced as part of the pollution prevention alternative.

NR 233.305(1)(c) (c) Describes any justification allowing modification to the practices listed in Table 8.

NR 233.305(1)(d) (d) Lists the treatment system being used to obtain a pollution prevention alternative discharge as defined in this section.

NR 233.305(2) (2) “On-site compliance paperwork” means data or information maintained in the offices of the PFPR facility which supports the initial and periodic certification statements and which:

NR 233.305(2)(a) (a) Lists and describes those product families, process lines, or process units for which the facility is implementing the pollution prevention alternative.

NR 233.305(2)(b) (b) Describes the facility specific practices for each product family, process line, or process unit which are to be practiced as part of the pollution prevention alternative.

NR 233.305(2)(c) (c) Describes any justification allowing modification to the practices listed in Table 8.

NR 233.305(2)(d) (d) Includes a written discussion demonstrating that the treatment system being used contains the appropriate pollution control technologies or equivalent systems for removing the pesticide active ingredients which may be found in the wastewater.

NR 233.305(2)(e) (e) Establishes a method for demonstrating to the department or control authority that the treatment system is well operated and maintained.

NR 233.305(2)(f) (f) Includes a discussion of the rationale for choosing the method of demonstration.

NR 233.305(3) (3) “Periodic certification statement” means a written submission to the department or control authority which states that the pollution prevention alternative as set forth in the WPDES permit or pretreatment control mechanism is being implemented. Any modification of the practices listed in Table 8 must be justified. The periodic certification statement shall be signed by the responsible corporate officer as defined in 40 CFR 122.22 or s. NR 211.15 (10).

NR 233.305(4) (4) 

NR 233.305(4)(a) (a) “Pollution prevention allowable discharge for indirect dischargers excluding interior wastewater, leak and spill clean-up water, and floor wash” means the quantity or concentrations of pollutants in PFPR process wastewaters that remain after a facility has demonstrated that it is using the specified practices of the pollution prevention alternative as listed in Table 8.

NR 233.305(4)(b) (b) “Pollution prevention allowable discharge for indirect dischargers including interior wastewater, leak and spill cleanup water, and floor wash” means the quantity or concentrations of pollutants in PFPR process wastewaters that remain after a facility has demonstrated that it is using the specified practices of the pollution prevention alternative as listed in Table 8. Additionally the wastewaters shall have been pretreated using appropriate pollution control technologies as defined in s. NR 233.03 (1e), a pesticide manufacturer’s treatment system, or an equivalent system, used individually or in any combination to achieve a sufficient level of pollutant reduction. Pretreatment requirements may be modified or waived by the control authority to the extent that removal credits have been granted in accordance with s. NR 211.13, provided the granting of the credits does not result in pass through or interference as defined in s. NR 211.03 and complies with the provisions of s. NR 211.10. The facility shall demonstrate that the appropriate pollution control technology is properly maintained and operated.

NR 233.305(5) (5) “Pollution prevention allowable discharge for direct dischargers” in this subchapter means the quantity of concentrations of pollutants in PFPR process wastewaters that remain after a facility has demonstrated that it is using the specified practices of the pollution prevention alternative as listed in Table 8. Additionally the wastewaters shall have been treated using appropriate pollution control technologies, as defined in s. NR 233.03 (1e), a pesticide manufacturer’s treatment system, or an equivalent system, used individually or in any combination to achieve a sufficient level of pollutant reduction. The facility shall demonstrate that the appropriate pollution control technology is properly maintained and operated.

NR 233.305(6) (6) “Process wastewater,” for this subchapter, means all wastewater associated with pesticide formulating, packaging and repackaging except for sanitary water, non-contact cooling water and those wastewaters excluded from the applicability of the rule in s. NR 233.30.

NR 233.305 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.31 NR 233.31 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).

NR 233.31(1) (1) Except as provided in 40 CFR 125.30 to 125.32 or in sub. (2), any existing point source subject to the provisions of this subchapter shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the BPT. There may be no discharge of process wastewater pollutants to waters of the state.

NR 233.31(2) (2) Any existing facility subject to this subchapter may have a pollution prevention allowable discharge, as defined in s. NR 233.305 (5), of wastewater pollutants into waters of the state if the discharger agrees to WPDES permit conditions as follows:

NR 233.31(2)(a) (a) The discharger shall meet the requirements of the pollution prevention alternatives listed in Table 8 or the listed modified requirements based on best professional judgment.

NR 233.31(2)(b) (b) The discharger shall notify the department at the time of renewal or modification of its permit, of its intent to utilize the pollution prevention alternative by submitting an initial certification statement as described in s. NR 233.305 (1).

NR 233.31(2)(c) (c) The discharger shall submit to the department a periodic certification statement as described in s. NR 233.305 (3) once each year of operation.

NR 233.31(2)(d) (d) The discharger shall maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in s. NR 233.305 (2).

NR 233.31(3) (3) For existing PFPR/manufacturing facilities, that are also subject to s. NR 233.12 or 233.22, the department may not provide additional discharge allowances for those pesticide active ingredients in the pesticide formulating, packaging and repackaging wastewaters that are also manufactured at the same facility.

NR 233.31 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; r. and recr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.32 NR 233.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). Any existing point source subject to this section shall comply with the requirements contained in s. NR 233.31.

NR 233.32 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.33 NR 233.33 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT). Any existing point source subject to this section shall comply with the requirements contained in s. NR 233.31.

NR 233.33 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.34 NR 233.34 New source performance standards (NSPS). Any new source subject to this section shall comply with the requirements contained in s. NR 233.31.

NR 233.34 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.35 NR 233.35 Pretreatment standards for existing sources (PSES).

NR 233.35(1) (1) Except as provided in ss. NR 211.13 and 211.14 or in sub. (2), any existing source subject to this subchapter and which introduces pollutants into a publicly owned treatment works shall comply with ch. NR 211 and achieve PSES as follows. There may be no discharge of process wastewater pollutants.

NR 233.35(2) (2) Except as provided in ss. NR 211.13 and 211.14, any existing source subject to sub. (1) which introduces pollutants into a publicly owned treatment works shall comply with ch. NR 211 and may have a pollution prevention allowable discharge of wastewater pollutants, as defined in s. NR 233.305 (4) if the discharger agrees to a control mechanism or pretreatment agreement conditions as follows:

NR 233.35(2)(a) (a) The discharger shall meet the requirements of the pollution prevention alternatives listed in Table 8 or the listed modified requirements based on best professional judgment.

NR 233.35(2)(b) (b) The discharger shall notify its control authority at the time of renewing or modifying its individual control mechanism or pretreatment agreement of its intent to utilize the pollution prevention alternative by submitting to the control authority an initial certification statement as described in s. NR 233.305 (1).

NR 233.35(2)(c) (c) The discharger shall submit to its control authority a periodic certification statement as described in s. NR 233.305 (3) during the months of June and December of each year of operation.

NR 233.35(2)(d) (d) The discharger shall maintain at the offices of the facility and make available for inspection the on-site compliance paperwork as described in s. NR 233.305 (2).

NR 233.35(3) (3) Except as provided in ss. NR 211.13 and 211.14, any existing source subject to s. NR 233.35 (2) may submit a request to the control authority to waive pretreatment of floor wash or a non-reusable final rinse of a triple rinse. A request may be submitted if the concentrations of pesticide active ingredients and priority pollutants in those wastewater sources have been demonstrated to be too low to be effectively pretreated at the facility. The department may waive pretreatment for these 2 wastewaters only if the existing source makes the demonstrations and is in compliance with s. NR 211.10.

NR 233.35 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.36 NR 233.36 Pretreatment standards for new sources (PSNS). Any new source subject to this section shall comply with the requirements of s. NR 233.35.

NR 233.36 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

subch. V of ch. NR 233 Subchapter V — Test Methods for Pesticide Pollutants

NR 233.40 NR 233.40 Identification of test procedures.

NR 233.40(1) (1) Table 7 names the pesticide active ingredients subject to this chapter, together with the chemical abstracts service (CAS) number used for identification and the analytical method designation.

NR 233.40(2) (2) Except as provided in s. NR 219.033, the discharge parameter values required under the clean water act shall be determined by one of the analytical methods cited in Table 7.

NR 233.40(3) (3) Except where identical to Table 7, pesticide manufacturers may not use the analytical methods cited in ch. NR 219, Tables B, C and D.

NR 233.40 Note Note: The full texts of the analytical methods cited in table 7 are contained in the “Methods For The Determination of Nonconventional Pesticides In Municipal and Industrial Wastewater, Volume I,” EPA 821-R-93-010A (August 1993 Revision I) and “Volume II”, EPA 821-R-93-010B (August 1993) (the “Compendium”).

NR 233.40 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 13-112: am. (2) Register May 2015 No. 713, eff. 6-1-15; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2015.

subch. VI of ch. NR 233 Subchapter VI — Repackaging of Agricultural Pesticides Performed at Refilling Establishments

NR 233.50 NR 233.50 Applicability; description of repackaging of agricultural pesticides performed by refilling establishments subcategory.

NR 233.50(1) (1) This subchapter is applicable to discharges resulting from all repackaging of agricultural pesticides performed by refilling establishments as defined in s. NR 233.03, whose primary business is wholesale or retail sales, and where no pesticide manufacturing, formulating or packaging occurs, except as provided in subs. (2) to (4).

NR 233.50(2) (2) This subchapter does not apply to wastewater discharges from custom application or custom blending, as defined in 40 CFR 167.3.

NR 233.50(3) (3) This subchapter does not apply to wastewater discharges from any of the following:

NR 233.50(3)(a) (a) The operation of employee showers and laundry facilities.

NR 233.50(3)(b) (b) The testing of fire protection equipment.

NR 233.50(3)(c) (c) The testing and emergency operation of safety showers and eye washes.

NR 233.50(3)(d) (d) Storm water.

NR 233.50(4) (4) This subchapter does not apply to wastewater discharges from the repackaging of microbial pesticides or group one mixtures, as defined under s. NR 233.03 or non-agricultural pesticide products.

NR 233.50 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.51 NR 233.51 Special definitions. “Process wastewater,” for this subchapter, means all wastewater except for sanitary water and those wastewaters excluded from the applicability of the rule in s. NR 233.50.

NR 233.51 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.52 NR 233.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology (BPT). Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology. Process wastewater pollutants may not be discharged.

NR 233.52 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.53 NR 233.53 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollution control technology. Process wastewater pollutants may not be discharged.

NR 233.53 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.54 NR 233.54 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Except as provided in 40 CFR 125.30 to 125.32, any existing point source subject to this subchapter shall achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. Process wastewater pollutants may not be discharged.

NR 233.54 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.55 NR 233.55 New source performance standards (NSPS). Any new source subject to this subchapter may not discharge process wastewater pollutants.

NR 233.55 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.56 NR 233.56 Pretreatment standards for existing sources (PSES). Except as provided in ss. NR 211.13 and 211.14, no later than November 6, 1999, any existing source subject to this subchapter shall comply with ch. NR 211 and achieve the pretreatment standards for existing sources as follows. There may be no discharge of process wastewater pollutants.

NR 233.56 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

NR 233.57 NR 233.57 Pretreatment standards for new sources (PSNS). Except as provided in ss. NR 211.13 and 211.14, any new source subject to this subchapter shall comply with ch. NR 211 and achieve the pretreatment standards for new sources as follows. There may be no discharge of process wastewater pollutants.

NR 233.57 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

Table 1

List of Organic Pesticide Active Ingredients

Table 2

Organic Pesticide Active Ingredient Effluent Limitations

BAT AND PSES