NR 211.13(6)(a)(a) A POTW authorized to grant removal credits for a pollutant regulated in a categorical pretreatment standard may extend that removal credit to the same pollutant when it is regulated in other categorical standards. If a POTW elects to extend removal credits to a new categorical standard, industrial subcategory, or one or more industrial users that were not granted removal credits, it shall notify the department. A POTW may extend removal credits if granting the removal credit will not cause the POTW to violate the sludge requirements identified in sub. (1) (b) 4., or its WPDES permit limits and conditions as required by sub. (1) (b) 5.

NR 211.13(6)(b)(b) Removal credits shall be included in the authorized POTW’s WPDES permit as soon as possible and shall become an enforceable requirement of the POTW’s WPDES permit. The removal credits shall remain in effect for the term of the POTW’s WPDES permit, provided the POTW maintains compliance with the conditions specified in par. (d).

NR 211.13(6)(c)(c) A POTW authorized to give removal credits shall monitor and report on the POTW’s removal capabilities. The reporting period shall be specified by the department and may not be less than once per year. A minimum of one sample per month during the reporting period is required, and all sampling data shall be in-cluded in the POTW’s compliance report. As a condition of retaining removal credit authorization, the POTW’s consistent removal shall continue to be equal to or greater than the removal credit.

NR 211.13(6)(d)1.1. Compliance with the conditions in sub. (1) (b) 3. to 5. may be reviewed by the department whenever it elects and shall, at the very least, be reviewed whenever the POTW’s WPDES permit is reissued. If the department determines, on the basis of compliance monitoring reports or other information available to it, that the conditions specified in sub. (1) (b) 3. to 5. are not being met, the department shall withdraw the POTW’s authority to grant removal credits or modify those credits in accordance with the procedures specified in subd. 3.

NR 211.13(6)(d)2.2. If, during the term of the POTW’s WPDES permit, the department determines that the POTW’s consistent removal rate is consistently and substantially lower than the removal credit specified in the POTW’s WPDES permit, the department shall either withdraw the POTW’s authority to grant removal credits or modify those credits in accordance with the procedures specified in subd. 3.

NR 211.13(6)(d)3.3. If the department tentatively determines that a POTW’s authority to grant removal credits should be withdrawn or modified, the department shall notify the POTW of its determination and give the POTW a reasonable time to take corrective action. The period for corrective action may exceed 60 days only if the POTW or industrial users demonstrate that a longer period is reasonably necessary to undertake appropriate corrective action.

NR 211.13(6)(d)4.4. If the department finds the corrective action insufficient, the department shall, in accordance with the procedures specified in s. NR 211.30, issue a public notice, provide a public comment period of at least 30 days and provide an opportunity for interested persons to request a public hearing. The mailing list for the public notice shall include, at a minimum, the POTW and industrial users to whom the revised discharge limits have been applied.

NR 211.13(6)(d)5.5. If the department finally determines to withdraw or modify the POTW’s authority to grant removal credits, the department shall provide notice of the determination to the POTW, all industrial users to whom the revised limits have been applied and each person who has requested individual notice. This notice shall include the basis for the determination. Notice of the final determination shall also be published in the same newspaper that published the notice of the tentative determination.

NR 211.13(6)(d)6.6. Following the notice required by subd. 5., all industrial users to whom revised discharge limits have been applied shall be subject to the modified discharge limits or the limits prescribed in the applicable categorical pretreatment standard. Industrial users shall comply with these limits within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standard, as may be specified by the department.

NR 211.13(7)(7) Where the department has not required the POTW to develop a pretreatment program, the POTW may not be required to develop a pretreatment program as a precondition to obtaining authorization to give removal credits. The POTW shall, however, be required to comply with the other conditions of sub. (1) (b).

NR 211.13 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; cr. (1) (b) 6., (2) (e), (5) (a) 7., (6) (d) 4. to 6., am. (2) (a), (5) (a) 5. and 6., r. and recr. (2) (d) 2. to 4. and (6) (d) 3., Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: r. and recr. (2) (e) 2. b. Register January 2014 No. 697, eff. 2-1-14.

NR 211.14(1)(1) Any interested person believing that factors relating to an industrial user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that industrial user, and that the existence of those factors justifies a different discharge limit from that specified in the applicable categorical pretreatment standard may request a fundamentally different factors variance under this section. Such a variance request may be initiated by EPA.

NR 211.14(2)(a)(a) A request for a fundamentally different factors variance may be approved only if:

NR 211.14(2)(a)1.1. Factors relating to the industrial user which would be affected by the variance are fundamentally different from the factors considered in establishing the applicable categorical pretreatment standard;

NR 211.14(2)(a)2.2. There is an applicable categorical pretreatment standard which specifically controls the pollutant for which alternative limits have been proposed; and

NR 211.14(2)(b)(b) A request for a fundamentally different factors variance to establish limits less stringent than required by the categorical pretreatment standard may be approved only if:

NR 211.14(2)(b)2.2. The alternative limit will not result in a violation of any prohibited discharge standard set forth in or established under s. NR 211.10;

NR 211.14(2)(b)3.3. The alternative limit will not result in an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the categorical pretreatment standard; and

NR 211.14(2)(b)4.4. Compliance with the applicable categorical pretreatment standard would result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the standard.

NR 211.14(2)(c)(c) A request for a fundamentally different factors variance to establish limits more stringent than required by the categorical pretreatment standard may be approved only if:

NR 211.14(2)(c)2.2. Compliance with the alternative limit would not result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during the development of the standard.