Register April 2013 No. 688
Chapter NR 268
COAL MINING
NR 268.04 Compliance with effluent limitations and standards.
NR 268.05 Modification of effluent limitations.
NR 268.06 Application of effluent limitations and standards.
NR 268.10 Effluent limitation, best practicable treatment.
NR 268.13 Pretreatment standards.
NR 268.01
NR 268.01
Purpose. The purpose of this chapter is to establish effluent limitations, standards of performance, and pretreatment standards for discharges of process wastes from the coal mining category of point sources and subcategories thereof.
NR 268.01 Note
Note: The authority for promulgation of this chapter is set forth in ch.
NR 205.
NR 268.01 History
History: Cr.
Register, June, 1977, No. 258, eff. 7-1-77.
NR 268.02
NR 268.02
Applicability. The effluent limitations, standards of performance, pretreatment standards, and other provisions in this chapter are applicable to pollutants or pollutant properties in discharges of process waste resulting from activities in any or a combination of the following subcategories.
NR 268.02 History
History: Cr.
Register, June, 1977, No. 258, eff. 7-1-77.
NR 268.03
NR 268.03
Definitions. The following definitions are applicable to terms used in this chapter. Definitions of other terms, including a 10-year, 24-hour precipitation event, and meanings of abbreviations are set forth in
ch. NR 205.
NR 268.03(1)
(1) "Coal" means coal of any rank including but not limited to bituminous, lignite, and anthracite coal.
NR 268.03(2)
(2) "Coal preparation plant" means a facility where coal is crushed, screened, sized, cleaned, dried, or otherwise prepared and loaded prior to the final handling or sizing in transit to or at a consuming facility.
NR 268.03(3)
(3) "Coal preparation plant ancillary area" means the areas associated with a coal preparation plant including; yards, access roads, coal storage, refuse storage, and other immediately associated areas where coal or refuse, either purposefully or accidentally, is allowed to come in contact with precipitation runoff or plant wash down.
NR 268.03(4)
(4) "Mine" means an active mining area of land with all property placed upon, under, or above the surface of such area used in or resulting from the work of extracting coal from its natural deposits by any means or method including secondary recovery of coal from refuse or other storage piles derived from the mining, cleaning, or preparation of coal.
NR 268.03(5)
(5) "Active mining area" means a place where work or other activity related to the extraction, removal, or recovery of coal is being conducted or carried on, except any area of land on or in which there has been commenced or been completed reclamation work following the grading stage.
NR 268.03(6)
(6) "Acid or ferruginous mine drainage" means mine drainage which before any treatment has either a pH less than 6.0 or a total iron concentration of more than 10 mg/l.
NR 268.03(7)
(7) "Alkaline mine drainage" means mine drainage which before any treatment has a pH of more than 6.0 and a total iron concentration of less than 10 mg/l.
NR 268.03(8)
(8) "Mine drainage" means any water drained, pumped or siphoned from a coal mine.
NR 268.03(9)
(9) "Final contour" means the surface shape or contour of a surface mine or section thereof after all mining and earth moving operations have been completed.
NR 268.03(10)(b)
(b) Discharges which are pumped, siphoned, or drained from a coal preparation plant ancillary area.
NR 268.03 History
History: Cr.
Register, June, 1977, No. 258, eff. 7-1-77.
NR 268.04
NR 268.04
Compliance with effluent limitations and standards. Discharge of pollutants from facilities subject to the provisions of this chapter may not exceed, as appropriate:
NR 268.04(1)
(1) By July 1, 1977 effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available;
NR 268.04(2)
(2) By July 1, 1983 effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable;
NR 268.04(3)
(3) Pretreatment standards for discharges to publicly owned treatment works;
NR 268.04 History
History: Cr.
Register, June, 1977, No. 258, eff. 7-1-77; r. and recr.
Register, August, 1983, No. 332, eff. 9-1-83.
NR 268.05
NR 268.05
Modification of effluent limitations. NR 268.05(1)(1) Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available may be modified in accordance with this section.
NR 268.05(2)
(2) An individual discharger or other interested person may submit evidence to the department that factors relating to the equipment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally different from the factors considered in the establishment of the effluent limitations. On the basis of such evidence or other available information, the department will make a written determination that such factors are or are not fundamentally different for that facility compared to those specified in the applicable sections of the EPA development document identified in
sub. (3). If such fundamentally different factors are found to exist, the department shall establish for the discharge effluent limitations in the WPDES permit either more or less stringent than the limitations in this chapter, to the extent dictated by such fundamentally different factors. Such limitations must be approved by EPA which may approve, disapprove, or specify other limitations.
NR 268.05(3)
(3) The EPA development document for effluent limitations guidelines and new source performance standards, identified by category title, by EPA document number, and by publication date, applicable in accordance with
sub. (2) is: Coal Mining, EPA 440/1-76/057-a, May 1976
NR 268.05(4)
(4) Copies of the development document identified in
sub. (3) are available for inspection at the office of the department of natural resources, the secretary of state's office, and the office of the legislative reference bureau, and may be obtained for personal use from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20460.
NR 268.05 History
History: Cr.
Register, June, 1977, No. 258, eff. 7-1-77; correction made in (4) under s. 13. 92 (4) (b) 6., Stats.,
Register April 2013 No. 688.
NR 268.06
NR 268.06
Application of effluent limitations and standards. NR 268.06(1)(1) The effluent limitations and standards set forth in this chapter shall be used in accordance with this section to establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this chapter, except as provided in
subs. (2) and
(3) and as;
NR 268.06(1)(b)
(b) They may be superseded by more stringent limitations and standards necessary to achieve water quality standards or meet other legal requirements, or
NR 268.06(1)(c)
(c) They may be supplemented or superseded by standards or prohibitions for toxic pollutants or by additional limitations for other pollutants required to achieve water quality.
NR 268.06(2)
(2) The effluent limitations and standards of performance of this chapter shall not apply to any overflow discharged from a facility designed, constructed, and operated to:
NR 268.06(2)(a)
(a) Contain process waste generated by a coal preparation plant and the runoff to the containment facility resulting from a 10-year 24-hour precipitation event,
NR 268.06(2)(b)
(b) Treat process waste from coal preparation plant ancillary areas and the runoff to the treatment facility resulting from a 10-year 24-hour precipitation event, or
NR 268.06(2)(c)
(c) Treat mine drainage and the runoff to the treatment facility resulting from a 10-year 24-hour precipitation event.
NR 268.06(3)
(3) In the event that coal preparation plant process waste is combined for treatment or discharge with waste from other subcategories subject to the provisions of this chapter, the quantity of pollutants in the combined discharge shall not exceed the quantity specified for such other subcategories.
NR 268.06 History
History: Cr.
Register, June, 1977, No. 258, eff. 7-1-77.
NR 268.10
NR 268.10
Effluent limitation, best practicable treatment. The following effluent limitations for all or specific subcategories establish, except as provided in
s. NR 268.05, the quantity or quality of pollutants or pollutant properties which may be discharged by a facility subject to the provisions of this chapter after application to process wastes of the best practicable control technology currently available.
