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 HistoryHistory: Cr. Register, March, 1997, No. 495, eff. 4-1-97; r. and recr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.32NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.33NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.34NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.35NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.36NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.40NR 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 NoteNote: 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 HistoryHistory: 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 233Subchapter VI — Repackaging of Agricultural Pesticides Performed at Refilling Establishments NR 233.50NR 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)(c)(c) The testing and emergency operation of safety showers and eye washes. 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.51NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.52NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.53NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.54NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.55NR 233.55 New source performance standards (NSPS). Any new source subject to this subchapter may not discharge process wastewater pollutants. NR 233.55 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.56NR 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 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01. NR 233.57NR 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 HistoryHistory: 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
Table 3
Organic Pesticide Active Ingredient Effluent Limitations
NSPS and PSNS
Table 4
BAT and NSPS effluent Limitations for Priority Pollutants For Direct Discharge
Point Sources That Use End-of-Pipe Biological Treatment
Table 5
BAT and NSPS Effluent Limitations for Priority Pollutants For Direct Discharge
Point Sources That Do Not Use End-of-Pipe Biological Treatment
Table 6
PSES and PSNS For Priority Pollutants
Table 7
Test Methods For Pesticide Active Ingredients
NR 233.57 NoteNote: The Wisconsin administrative code corresponds to the code of federal regulations according to the following table:
Table 8
List of Pollution Prevention Alternative Practices
1A modification to the list of practices on this table that an individual facility shall comply with to be eligible for the pollution prevention alternative is allowed with acceptable justification. This justification is listed on this table and as approved by the permitting or control authority using best practical judgment or best engineering judgment after submittal by the facility of a request for modification. A modification, for purposes of this table, means that a facility would no longer have to perform a listed practice or would need to comply with a modified practice. However, the modification only applies to the specific practice for which the modification has been justified and to no other listed practices. Facilities are required to thoroughly discuss all modifications in the on-site compliance paperwork as described in this subchapter in the limitations and standards as in s. NR 233.305(2). 2After following the practices above, some wastewaters for indirect dischargers may require pretreatment prior to discharge to POTWs. See definition of pollution prevention allowable discharge for indirect dischargers as defined in s. NR 233.305. 3After following the practices above, all wastewaters for direct dischargers shall require treatment prior to discharge directly to the state’s waters. See definition of pollution prevention allowable discharge for direct dischargers as defined in s. NR 233.305. 4Additional information and guidance on implementing these pollution prevention practices as well as evaluating compliance with these practices will be available in a pollution prevention guidance manual for the PFPR industry.
Table 9
Group 2 Mixtures
Table 10
List of Appropriate Treatment Technologies1
This table contains those pollutant control technologies, such as hydrolysis. chemical oxidation, precipitation, and activated carbon adsorption, which have been used for estimating compliance costs on a pesticide active ingredient basis. In general, these treatment technologies have been determined to be effective in treating pesticide containing wastewaters in literature, in bench or pilot scale treatability studies or in the pesticide manufacturing effluent guidelines. These are the same technologies that are presented as part of the universal treatment system. However, these technologies are pesticide active ingredient specific and may need to be used in conjunction with one another to provide treatment for all pesticide active ingredients used at a facility over a period of time. In addition, facilities may experience difficulties treating wastewaters that contain emulsions, therefore, “appropriate” treatment for emulsified wastewaters must include an emulsion breaking step. For pesticide active ingredients whose technology is listed as “pollution prevention”, the permitting authority or control authority can determine if additional treatment is necessary through best professional judgment or best engineering judgment, respectively.
