NR 106.90(3)(b)2. 2. If the regeneration is manual or timer-initiated, switch to a DIR controller.
NR 106.90(3)(b)3. 3. Evaluate the feasibility of brine reclamation.
NR 106.90(3)(c) (c) For dairies:
NR 106.90(3)(c)1. 1. Improve the handling of salt brines and the handling of cheese into and out of brine systems. Consider capital improvements such as automating the brine system, properly designed drip pans and splash guards.
NR 106.90(3)(c)2. 2. Optimize softener operation to ensure the appropriate regeneration interval and salt dosage are used.
NR 106.90(3)(c)3. 3. If the regeneration is manual or timer-initiated, evaluate the feasibility of switching to a DIR controller.
NR 106.90(3)(c)4. 4. Evaluate the feasibility of softener brine reclamation.
NR 106.90(3)(c)5. 5. Determine which subprocesses can tolerate unsoftened water, and make appropriate changes.
NR 106.90(3)(c)6. 6. Determine whether once-through cooling systems can be close-looped, and make appropriate changes.
NR 106.90(3)(c)7. 7. For plants that condense whey, evaluate the feasibility of using condensate of whey (COW) water for the first rinse for clean-in-place (CIP) systems and for boiler makeup water.
NR 106.90(3)(d) (d) For those facilities which process vegetables:
NR 106.90(3)(d)1. 1. If the regeneration is manual or timer-initiated, evaluate the feasibility of switching to a DIR controller.
NR 106.90(3)(d)2. 2. Evaluate the feasibility of softener brine reclamation.
NR 106.90(3)(d)3. 3. Investigate the feasibility of using a phosphonate additive instead of softening the cooling water.
NR 106.90(3)(d)4. 4. Evaluate the feasibility of reusing once-through cooling water as boiler make-up.
NR 106.90(3)(d)5. 5. Investigate the feasibility of using unsoftened water for container fill.
NR 106.90(3)(e) (e) For those facilities which process meats:
NR 106.90(3)(e)1. 1. If the regeneration is manual or timer-initiated, evaluate the feasibility of switching to a DIR controller.
NR 106.90(3)(e)2. 2. Evaluate the feasibility of softener brine reclamation.
NR 106.90(3)(f) (f) For any other facility not listed in pars. (a) to (e), conduct activities that improve and optimize equipment and processes, eliminate wasteful practices and establish recycling practices to achieve chloride reductions.
NR 106.90(4) (4)Tier 3 source reduction measures are those voluntary source reduction activities that evaluate the feasibility of replacing or upgrading equipment and processes or evaluate the feasibility of using alternative technologies or processes, and other activities similar in nature. Tier 3 source reduction measures may include any of the following:
NR 106.90(4)(a) (a) For POTWs, where residential point-of-use softening is the primary chloride input:
NR 106.90(4)(a)1. 1. Evaluate the requirement for new and replacement softeners to be metered demand type, with a higher, greater than 3350 grains of hardness exchange per pound of salt, efficiency capability.
NR 106.90(4)(a)2. 2. Evaluate the imposition of installation restrictions so that outside hose bibs are on unsoftened water. If restrictions are imposed, new homes and those in real estate transfers should be required to have plumbing restrictions for hard water by-passes, and the requirement should apply to self-installed equipment as well.
NR 106.90(4)(b) (b) For POTWs, where a central water supply softener is the primary chloride input, conduct activities listed in par. (c).
NR 106.90(4)(c) (c) For direct-discharging municipal or commercial water softening plants:
NR 106.90(4)(c)1. 1. Evaluate the feasibility of achieving greater salt efficiencies, greater than 3350 grains of hardness exchange per pound of salt.
NR 106.90(4)(c)2. 2. Evaluate softening alternatives that replace the sodium cycle ion exchange method of softening.
NR 106.90(4)(c)3. 3. Blend softened and unsoftened water to strike a balance between delivered water quality and environmental protection.
NR 106.90(4)(d) (d) For dairies:
NR 106.90(4)(d)1. 1. For plants that make brine salted cheeses, evaluate the feasibility of membrane filtration for reconditioning the brine so that it can be reused.
NR 106.90(4)(d)2. 2. For plants that make brine salted cheeses, evaluate the feasibility of using a no-brine make procedure in which salt is added directly to curd during the manufacturing procedure, thereby reducing salt discharges from spent brines.
NR 106.90(4)(e) (e) For those facilities which process vegetables:
NR 106.90(4)(e)1. 1. Evaluate the feasibility of eliminating brine flotation for quality grading, if applicable.
NR 106.90(4)(e)2. 2. Evaluate the feasibility of installing a closed-loop system for cooling water.
NR 106.90(4)(e)3. 3. Evaluate the feasibility of installing a brine recovery and reuse system for reducing salt waste at the point of supplying flavorings to containers.
NR 106.90(4)(f) (f) For those facilities which process meats:
NR 106.90(4)(f)1. 1. Investigate the feasibility of replacing brine chills with air, water or air-water chills.
NR 106.90(4)(f)2. 2. Reduce drainback through operational and equipment improvements.
NR 106.90(4)(f)3. 3. Investigate the feasibility of chill brine reconditioning and reuse.
NR 106.90(4)(f)4. 4. Evaluate the feasibility of reusing once-through cooling water, or installing a closed-loop cooling water system.
NR 106.90(4)(f)5. 5. Evaluate phosphonate additives instead of softened water.
NR 106.90(4)(g) (g) For any other facility not listed in pars. (a) to (f), evaluate the feasibility of replacing or upgrading equipment and processes, and the use of alternative softening technologies to affect chloride reductions.
NR 106.90(5) (5) Source reduction reporting. Following the completion of tier 1, 2 or 3 source reduction activities specified in the permit, but no later than 6 months prior to permit expiration, the permittee shall file a written report to the department documenting the current reduction as well as the anticipated future reduction in salt usage and chloride effluent concentrations.
NR 106.90 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.91 NR 106.91Variances for POTWs which accept wastewater from public water systems treating water to meet primary safe drinking water act standards. Publicly owned treatment works that accept wastewater from a public water system treating water to meet the primary maximum contaminant levels specified in ch. NR 809, if not able to meet the calculated limitation, may apply to the department for a variance from the water quality standard used to derive the limitation following the procedure specified in this subchapter. The department shall seek U.S. environmental protection agency approval before a variance is included in a permit. Upon approval, the permittee may be given an interim limitation, a target value, a target limitation and appropriate source reduction requirements, under s. NR 106.83 in the permit upon permit reissuance or modification. No calculated limitation, interim limitation, target value, target limitation, or source reduction requirement shall interfere with the attainment of the primary maximum contaminant levels specified in ch. NR 809.
NR 106.91 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 15-085: am. Register August 2016 No. 728, eff. 9-1-16.
NR 106.92 NR 106.92Authority of a publicly owned treatment works to regulate chloride discharges. A publicly owned treatment works has the authority to regulate the discharge of chloride as enumerated in s. NR 211.40.
NR 106.92 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.93 NR 106.93New discharges. Any point source which has not been authorized under a WPDES permit prior to February 1, 2000, shall be required to meet the calculated limitations. Relocation of an existing discharge which was issued a WPDES permit prior to February 1, 2000, may not be considered a new discharge.
NR 106.93 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.94 NR 106.94Relocation of an existing discharge. An existing discharge which was issued a WPDES permit prior to February 1, 2000, and which is relocated after February 1, 2000, may be subject to voluntary source reduction activities and both an interim limitation and a target value or an interim limitation and a target limitation pursuant to s. NR 106.83 if the provisions of ch. NR 207 are met. Relocation includes the diversion of a discharge from a land treatment system to a surface water.
NR 106.94 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.95 NR 106.95Multiple discharges. The provisions of s. NR 106.11 are applicable to multiple discharges of chloride.
NR 106.95 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.96 NR 106.96Analytical methods and laboratory requirements. The provisions of s. NR 106.14 regarding analytical methods, sample handling and laboratory requirements are applicable to discharges of chloride.
NR 106.96 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
subch. VIII of ch. NR 106 Subchapter VIII — Permit Requirements for PFOS and PFOA Discharges
NR 106.97 NR 106.97Purpose. The purpose of this subchapter is to specify how the department will regulate the discharge of PFOS and PFOA in wastewater to surface waters of the state that are subject to the PFOS and PFOA standards under s. NR 102.04 (8) (d) 1. pursuant to the permitting program under ch. 283, Stats.
NR 106.97 History History: CR 21-083: cr. Register July 2022 No. 799, eff. 8-1-22.
NR 106.975 NR 106.975Definitions. In this subchapter:
NR 106.975(1) (1)“Composite sample” has the meaning specified in s. NR 218.04 (11).
NR 106.975(2) (2)“Equipment blank” means a sample collected by passing laboratory-verified PFAS-free water over or through field sampling equipment before the collection of field samples to evaluate potential contamination from the equipment used during sampling.
NR 106.975(3) (3)“Grab sample” has the meaning specified in s. NR 218.04 (10).
NR 106.975(4) (4)“Major municipal discharger” means a treatment works or system that has a major municipal discharge as defined in s. NR 200.02 (7).
NR 106.975(5) (5)“Minor municipal discharger” means a treatment works or system that has a minor municipal discharge as defined in s. NR 200.02 (8).
NR 106.975(6) (6)“Municipal discharger” means all publicly operated treatment works and privately owned domestic sewage treatment works subject to the requirements under ch. NR 210.
NR 106.975(7) (7)“New discharger” means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, that is not a new source, and that did not commence the discharge of pollutants at a particular site prior to August 1, 2022, and which has never received a finally effective WPDES permit for discharges at that site.
NR 106.975(8) (8)“New source” has the meaning specified in s. NR 106.117.
NR 106.975(9) (9)“PFAS” means a perfluoroalkyl or polyfluoroalkyl substance that contains a straight or branching chain of carbon atoms in which one or more of the carbon atoms have fluorine atoms attached at all bonding sites not occupied by another carbon atom and the fluorinated part of the molecule can be expressed as CnF2n+1.
NR 106.975(10) (10)“Perfluorooctanoic acid” or “PFOA” has the meaning specified in s. NR 102.03 (4e).
NR 106.975(11) (11)“Perfluorooctane sulfonate” or “PFOS” has the meaning specified in s. NR 102.03 (4m).
NR 106.975(12) (12)“Primary industry” has the meaning specified in s. NR 200.02 (15).
NR 106.975(13) (13)“Secondary industry” has the meaning specified in s. NR 200.02 (17).
NR 106.975(14) (14)“Source reduction activities” means structural or non-structural measures, practices, techniques, activities, or devices employed to reduce or eliminate the transfer of PFOS and PFOA from sources into surface waters of the state.
NR 106.975(15) (15)“Treatment works” has the meaning specified in s. 283.01 (18), Stats.
NR 106.975(16) (16)“WPDES permit” means the Wisconsin pollutant discharge elimination system permit issued by the department under ch. 283, Stats., for the discharge of pollutants.
NR 106.975 History History: CR 21-083: cr. Register July 2022 No. 799, eff. 8-1-22.
NR 106.98 NR 106.98Determination of the necessity for reducing PFOS and PFOA in discharges.
NR 106.98(1)(1)General. This section establishes the procedures for determining when a permitted discharge has the reasonable potential to cause or contribute to an exceedance of the PFOS or PFOA standards under s. NR 102.04 (8) (d) 1.
NR 106.98(2) (2) Data generation. At the first reissuance of a WPDES permit after August 1, 2022, the department shall require in the reissued permit that the permittee monitor and report PFOS and PFOA at the frequencies and locations specified under this subsection, for up to 2 years, except if a waiver has been granted or reduced frequency is approved under sub. (3). All samples shall be collected and analyzed consistent with the requirements under ch. NR 219 and s. NR 106.995. The following sample frequencies apply to each category of permitted dischargers:
NR 106.98(2)(a) (a) For a major municipal discharger with an average flow rate greater than or equal to 5 million gallons per day, the permittee shall, at a minimum, sample its effluent on a monthly basis. Influent monitoring will be determined on a case-by-case basis and shall be conducted at a frequency specified in the permit.
NR 106.98(2)(b) (b) For a major municipal discharger with an average flow rate greater than or equal to one million gallons per day but less than 5 million gallons per day, the permittee shall, at a minimum, sample its effluent once every 2 months. Influent monitoring will be determined on a case-by-case basis and shall be conducted at a frequency specified in the permit.
NR 106.98(2)(c) (c) For all other municipal dischargers, the permittee may only be required to sample for PFOS or PFOA if the department determines that PFOS or PFOA may be present in the discharge. In making this determination, the department shall consider the presence of potential PFOS or PFOA industrial wastes to the treatment works, the presence of nearby PFOS or PFOA remediation sites, and the presence of other potential sources of PFOS or PFOA that may contribute to any part of the minor municipal discharger. If the department determines that PFOA or PFOS may be present in the discharge, the department shall require that the permittee sample its influent and effluent at a frequency specified in the permit.
NR 106.98(2)(d) (d) For a primary or secondary industrial discharger, if the department determines that the permittee's effluent may contain PFOS or PFOA, the department shall require that the permittee sample its effluent at least monthly.
NR 106.98(2)(e) (e) The department may require PFOS or PFOA monitoring for other discharges not included in one of the categories specified under pars. (a) to (d) if the department has a reasonable expectation that the discharge contains PFOS or PFOA at levels that will likely cause or contribute to an exceedance of the criteria under s. NR 102.04 (8) (d) 1.
NR 106.98 Note Note: The department has authority to sample the effluent from permitted facilities under s. 283.55, Stats.
NR 106.98 Note Note: The department has authority under s. NR 205.066 (1) to specify monitoring frequency for PFOS and PFOA in WPDES permits at its discretion on a case-by-case basis after 24 months.
NR 106.98(3) (3) Reduced sample frequency and waiver.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.