NR 211.14(3)(f)(f) The cost of compliance with required control technology. NR 211.14(4)(4) Factors which may not be considered fundamentally different are: NR 211.14(4)(a)(a) The feasibility of installing the required pretreatment equipment within the time allowed by the categorical pretreatment standard; NR 211.14(4)(b)(b) The assertion that the standard cannot be achieved with the appropriate pretreatment equipment installed, if such assertion is not based on factors listed in sub. (3); NR 211.14(4)(c)(c) The industrial user’s ability to pay for the required pretreatment equipment; or NR 211.14(4)(d)(d) The impact of a discharge on the quality of the POTW’s receiving water. NR 211.14(5)(5) Requests for a variance shall be submitted in writing to the department within 180 days after the effective date of the federal categorical pretreatment standard. If the industrial user has requested a categorical determination under s. NR 211.33, the request for a fundamentally different factors variance may be delayed to within 30 days after the final decision on the category determination has been made. Variance requests shall include the following: NR 211.14(5)(b)(b) Identification of the interest of the person making the request; NR 211.14(5)(c)(c) Identification of the POTW receiving the indirect discharge from the industrial user for which the variance is requested; NR 211.14(5)(d)(d) Identification of the categorical pretreatment standards applicable to the industrial user; NR 211.14(5)(e)(e) A list of each pollutant for which an alternative discharge limit is sought; NR 211.14(5)(f)(f) The alternative discharge limits being proposed for each pollutant identified in par. (e); NR 211.14(5)(g)(g) A description of the industrial user’s existing pretreatment equipment; NR 211.14(5)(h)(h) A schematic flow chart of the industrial user’s water system including water supply, process wastewater systems, and points of discharge; and NR 211.14(5)(i)(i) A statement of facts clearly establishing why the variance request should be approved, including detailed supporting data, documentation and evidence necessary to fully evaluate the merits of the request. NR 211.14(6)(6) The department will act only on written requests for variances which contain all of the information required in sub. (5). Persons who submit incomplete requests will be notified that the requests are deficient and will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days, or within an extended period if allowed by the department, the request for the variance shall be denied. NR 211.14(7)(7) The department shall publish a notice of its receipt of a request for a fundamentally different factors variance and shall mail copies of the notice to the affected industrial user and any other interested party. The public notice shall be published as a Class I notice under ch. 985, Stats., in a newspaper of general circulation in the area in which the industrial user is located. The department shall allow a 30-day period for public review and comment. NR 211.14(8)(8) If the department finds that fundamentally different factors do not exist, the department shall deny the request. If the department finds that fundamentally different factors do exist, the request and findings shall be forwarded to EPA for EPA’s approval, disapproval, or revision and approval of the variance. A copy of the final determination shall be sent to the person requesting the variance, and to the affected industrial user and POTW. NR 211.14 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. NR 211.15NR 211.15 Monitoring and reporting requirements. NR 211.15(1)(1) Within 180 days after the effective date of a categorical pretreatment standard as published in the federal register, or 180 days after the final decision in a request for category determination under s. NR 211.33, whichever is later, industrial users subject to that standard which are not new sources and which are currently discharging or scheduled to discharge into a POTW shall submit to the control authority a report containing the information listed in pars. (a) to (g), except when reports containing this information have already been submitted to the control authority for other purposes. At least 90 days before the commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard shall submit a report to the control authority which at a minimum contains the information listed in pars. (a) to (e). New sources shall estimate the information required by pars. (d) and (e). New sources shall also include in this report information regarding the method of pretreatment that will be used to meet the applicable pretreatment standards. The control authority may require the industrial user to submit any additional information which the control authority finds is necessary to determine the industrial user’s ability to meet the applicable pretreatment standards. NR 211.15(1)(a)(a) The name, address, and location of the industrial user and the name of the owner or operator. NR 211.15(1)(b)(b) A list of any environmental control permits held by or for the industrial user. NR 211.15(1)(c)(c) The nature and average rate of production and the standard industrial classification of the processes carried out by the industrial user. This description shall include a schematic diagram which indicates points of discharge to the POTW from the processes regulated by the applicable categorical pretreatment standard. NR 211.15(1)(d)(d) The measured average and maximum flows from the industrial user to the POTW, in gallons per day, from regulated process streams and other streams as necessary to allow use of the combined wastestream formula of s. NR 211.12. When approved by the control authority based on considerations of cost or accessibility, the average and maximum flow of the discharge may be estimated by verifiable techniques. NR 211.15(1)(e)(e) The nature and concentration of pollutants in the discharge from each of the industrial user’s regulated processes and an identification of the applicable categorical pretreatment standards and pretreatment requirements. The nature and concentration of pollutants in each discharge shall be determined in accordance with subds. 1. to 5. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standard to determine compliance. NR 211.15(1)(e)1.1. Sampling and analysis shall be performed to identify the concentration or mass of regulated pollutants in the discharge from each regulated process, according to the requirements of the applicable categorical pretreatment standard and the control authority. Both daily maximum and average values shall be reported. Samples shall be representative of daily operations. A minimum of 4 grab samples per day shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. All other samples shall be 24-hour flow proportional composites, unless time proportional or grab sampling is authorized by the control authority. Where alternative sampling is authorized by the control authority, the samples shall be representative of the discharge and the decision to allow alternative methods shall be documented in the industrial user’s file. Multiple grab samples collected during a 24-hour period may be composited prior to analysis provided appropriate protocols specified in ch. NR 219, and in EPA and department guidance are followed. Samples for cyanide, total phenols and sulfides may be composited in the laboratory or in the field. Samples for volatile organics and oil and grease may be composited in the laboratory. Other samples may be composited using approved methodologies as authorized by the control authority. NR 211.15(1)(e)2.2. The industrial user shall collect and analyze a minimum of one representative sample to compile the data necessary for this subsection. Sampling shall be performed during full facility production when substances subject to regulation, including those in batch or periodic discharges, are likely to be present in maximum concentrations or quantities for the reporting period. The control authority may require more frequent monitoring when necessary to assess compliance with the applicable pretreatment standards and requirements. If an industrial user samples any pollutant more frequently than required by the control authority and analyzes these samples according to sub. (8), the results of this monitoring shall be included in the report.