NR 140.26 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (intro.), (a), (b), (2), r. (6), Register, January, 1992, No. 433, eff. 2-1-92; am. (1) (intro.) and Table 6, renum. (2) to (5) to be (2) (a), (b), (3) and (4), Register, March, 1994, No. 459, eff. 4-1-94; am. (1) (a), Register, August, 1995, No. 476, eff. 9-1-95; correction in (1) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. (2) (a) and Table 6, Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a), Register, December, 1998, No. 516, eff. 1-1-99; correction in (2) (a), (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.

NR 140.27 NR 140.27 Responses when an enforcement standard is attained or exceeded at a location other than a point of standards application. If the concentration of a substance in groundwater attains or exceeds an enforcement standard at a location other than a point of standards application for an enforcement standard, s. NR 140.24 shall apply.

NR 140.27 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88.

NR 140.28 NR 140.28 Exemptions.

NR 140.28(1) (1) Applicability.

NR 140.28(1)(a) (a) The department may not approve a proposed facility, practice or activity at a location where a preventive action limit or enforcement standard adopted under s. NR 140.10 or 140.12 has been attained or exceeded unless an exemption has been granted under this section.

NR 140.28(1)(b) (b) For an existing facility, practice or activity, a response is required under s. NR 140.24 (2) or 140.26 (2) when a preventive action limit or an enforcement standard has been attained or exceeded at a point of standards application unless an exemption has been granted under this section or the criteria of s. NR 140.24 (5) (a) or (b) are met.

NR 140.28(1)(c) (c) For an existing facility, practice or activity that has taken or is taking a response under s. NR 140.24 (2) or 140.26 (2), a continued response is required unless a substance no longer attains or exceeds a preventive action limit or an exemption has been granted under this section.

NR 140.28(1)(d) (d) If a substance or remedial material is to be infiltrated or injected into groundwater at a concentration which attains or exceeds a preventive action limit, or at any concentration for a substance or remedial material for which a groundwater quality standard has not been established under this chapter, a temporary exemption is required under sub. (5).

NR 140.28(2) (2) Criteria for granting exemptions where the background concentration is below the preventive action limit.

NR 140.28(2)(a) (a) The department may grant an exemption under this section to a facility, practice or activity which is regulated by the department in an area where the background concentration of nitrate or a substance of public welfare concern is below the preventive action limit if the facility, practice or activity is designed and implemented to achieve the lowest possible concentration for that substance which is technically and economically feasible and the existing or anticipated increase in the concentration of that substance does not present a threat to public health or welfare.

NR 140.28(2)(b) (b) The department may grant an exemption under this section to a facility, practice or activity which is regulated by the department in an area where the background concentration of a substance of public health concern, other than nitrate, is below the preventive action limit for that substance if all of the following occur:

NR 140.28(2)(b)1. 1. The measured or anticipated increase in the concentration of the substance will be minimized to the extent technically and economically feasible.

NR 140.28(2)(b)2. 2. Compliance with the preventive action limit is either not technically or economically feasible.

NR 140.28(2)(b)3. 3. The enforcement standard for that substance will not be attained or exceeded at the point of standards application.

NR 140.28(2)(b)4. 4. Any existing or projected increase in the concentration of the substance above the background concentration does not present a threat to public health or welfare.

NR 140.28 Note Note: An exemption may be considered under this subsection even if monitoring data indicates no detectable background concentration of the substance.

NR 140.28(3) (3) Criteria for granting exemptions where the background concentration is above a preventive action limit.

NR 140.28(3)(a) (a) The department may grant an exemption under this section to a facility, practice or activity which is regulated by the department in an area where the background concentration of nitrate or a substance of public welfare concern attains or exceeds the preventive action limit if the facility, practice or activity is designed to achieve the lowest possible concentration for that substance which is technically and economically feasible and the existing or anticipated increase in the concentration of the substance does not present a threat to public health or welfare.

NR 140.28(3)(b) (b) The department may grant an exemption under this section to a facility, practice or activity which is regulated by the department in an area where the background concentration of a substance of public health concern, other than nitrate, attains or exceeds a preventive action limit for that substance:

NR 140.28(3)(b)1. 1. If the facility, practice or activity has not caused and will not cause the further release of that substance into the environment; or

NR 140.28(3)(b)2. 2. If the background concentration of the substance does not exceed the enforcement standard for that substance, the facility, practice or activity has not caused and will not cause the concentration of the substance to exceed the enforcement standard for that substance at a point of standards application and the facility, practice or activity is designed to achieve the lowest possible concentration of that substance which is technically and economically feasible.

NR 140.28(4) (4) Criteria for granting exemptions where the background concentration is above an enforcement standard.

NR 140.28(4)(a) (a) The department may grant an exemption under this section to a facility, practice or activity which is regulated by the department in an area where the background concentration of nitrate or a substance of public welfare concern attains or exceeds an enforcement standard if the facility, practice or activity is designed to achieve the lowest possible concentration for that substance which is technically and economically feasible and the existing or anticipated increase in the concentration of the substance does not present a threat to public health or welfare.

NR 140.28(4)(b) (b) The department may grant an exemption under this section to a facility, practice or activity which is regulated by the department in an area where the background concentration of a substance of public health concern, other than nitrate, attains or exceeds the enforcement standard for that substance if:

NR 140.28(4)(b)1. 1. The facility has not caused and will not cause the further release of that substance into the environment; or

NR 140.28(4)(b)2. 2.

NR 140.28(4)(b)2.a. a. The facility is designed to achieve the lowest possible concentration of that substance which is technically and economically feasible; and

NR 140.28(4)(b)2.b. b. The existing or anticipated increase in the concentration of the substance has not caused or will not cause an increased threat to public health or welfare; and