NR 106.08(6) (6)Reasonable potential to receive an acute or chronic whole effluent toxicity limit.
NR 106.08(6)(a)(a) General. Whole effluent toxicity limits are established in a permit according to s. NR 106.09 whenever representative, facility-specific whole effluent toxicity data demonstrate that the effluent is or may be discharged at a level that will cause, have the potential to cause, or contribute to an excursion of a water quality standard. Whole effluent toxicity limits may also be imposed in the absence of facility-specific whole effluent toxicity test data, on a case-by-case basis, whenever facility-specific or site-specific data or conditions indicate toxicity to aquatic life that is attributable to the discharger.
NR 106.08(6)(b) (b) Reasonable potential.
NR 106.08(6)(b)1.1. If a zone of initial dilution has not been approved by the department, the potential to exceed an acute criterion shall be calculated using the following equation:
(TUa effluent) (B) > 1.0 - See PDF for table PDF
NR 106.08(6)(b)2. 2. If a zone of initial dilution has been approved by the department, the potential to exceed an acute criterion shall be calculated using the following equation:
[(TUa effluent) (B) (AMZ)] > 1.0 - See PDF for table PDF
NR 106.08(6)(b)3. 3. The potential to exceed a chronic criterion shall be calculated using the following equation:
[(TUc effluent) (B) (IWC)]> 1.0 - See PDF for table PDF
NR 106.08(6)(c) (c) Reasonable potential multiplication factor. The department shall use the reasonable potential multiplication factor in par. (b) to convert the calculated effluent toxicity value to the estimated 95th percentile toxicity value. The department shall use all of the following methods to select a reasonable potential multiplication factor:
NR 106.08(6)(c)1. 1. When there are less than 10 individual toxicity detects, the multiplication factor shall be taken from Table 4 and based on a coefficient of variation of 0.6.
NR 106.08(6)(c)2. 2. When there are 10 or more individual toxicity detects, the multiplication factor shall be taken from Table 4 and based on coefficient of variation calculated as the standard deviation of the WET test endpoints, IC25, IC50, or LC50, divided by the arithmetic mean of the WET tests.
Table 4 — Reasonable Potential Multiplication Factor - See PDF for table PDF
NR 106.08(6)(d) (d) Maximum toxicity values. The department shall set the TUc effluent and TUa effluent values in par. (b) equal to zero whenever toxicity is not detected or the LC50, IC25, or IC50 equals or exceeds 100% effluent.
NR 106.08(7) (7)Data Exclusions. The department may exclude data from a WET reasonable potential determination when those data meet any of the following conditions:
NR 106.08(7)(a) (a) Data are not representative under sub. (3).
NR 106.08(7)(b) (b) Positive WET results are caused by deficiency toxicity only.
NR 106.08(7)(c) (c) Positive WET results are caused by groundwater or surface water remediation needed to correct or prevent an existing surface or groundwater contamination situation or a public health problem.
NR 106.08 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (1), r. and recr. (5), Register, August, 1997, No. 500, eff. 9-1-97; CR 09-123: am. (5) (a) Register July 2010 No. 655, eff. 8-1-10; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655; CR 15-085: r. and recr. Register August 2016 No. 728, eff. 9-1-16.
NR 106.09 NR 106.09Whole effluent toxicity data evaluation and limitations.
NR 106.09(1)(1)Data evaluation. Data evaluation procedures are specified in the whole effluent toxicity test methods specified in s. NR 219.04, Table A. In the event of a WET test failure, facility specific requirements shall be established in the WPDES permit which specify required follow-up actions.
NR 106.09(2) (2)Acute whole effluent toxicity.
NR 106.09(2)(a)(a) Except as provided in par. (c), the department shall establish acute whole effluent toxicity limitations to ensure that substances shall not be present in amounts which are acutely harmful to aquatic life in all surface waters including the mixing zone and effluent channel as required by s. NR 102.04 (1).
NR 106.09(2)(b) (b) To assure compliance with par. (a), a whole effluent toxicity test may not result in a statistically valid LC50 less than 100% with the following taxa-specific exposure periods:
NR 106.09(2)(b)1. 1. 48 hours for aquatic invertebrate organisms (including Ceriodaphnia dubia);
NR 106.09(2)(b)2. 2. 96 hours for aquatic vertebrate organisms (including fathead minnows (Pimephales promelas));
NR 106.09(2)(b)3. 3. Any other exposure period deemed appropriate by the department for a specific test organism.
NR 106.09(2)(c) (c) If a zone of initial dilution is determined appropriate in accordance with the provisions of s. NR 106.06 (3) (c), whole effluent acute toxicity limitations determined by this subsection shall be adjusted such that the effluent meets the following condition. The adjustment shall insure that after dilution of the effluent with the receiving water at a concentration equal to 3.3 times the percent dilution value calculated through application of the zone of initial dilution, the test solution of effluent and receiving water shall not produce a statistically valid LC50 less than 3.3 times the percent dilution value determined through application of the zone of initial dilution with the exposure periods as provided in par. (b).
NR 106.09(2)(d) (d) If, in the judgment of the department, the statistical interpretation methods used to test for LC50 are not appropriate for a specific data set, empirical interpretation methods may be used to determine the significance of an effect.
NR 106.09(2)(e) (e) Acute whole effluent toxicity limits shall be expressed as 1.0 TUa unless an AMZ is approved in which case these limits shall be expressed as a value that is 100 divided by the AMZ. Compliance with an acute whole effluent toxicity water quality-based limitation shall be determined by comparing the TUa endpoint from each toxicity test to the limitation. Pursuant to s. NR 106.08 (6) (d) a calculated LC50 that exceeds 100% is set equal to zero.
NR 106.09 Note Note: A toxicity reduction evaluation study is not always required in the event an acute WET limit is imposed in a permit.
NR 106.09(2)(f) (f) Whole effluent acute toxicity limitations shall be expressed in permits as daily maximum limitations.
NR 106.09(3) (3)Chronic whole effluent toxicity.
NR 106.09(3)(a)(a) The department shall establish chronic whole effluent toxicity limitations to ensure that concentrations of substances are not discharged from a point source that alone or in combination with other materials present are toxic to fish or other aquatic life as required by s. NR 102.04 (4) (d).
NR 106.09(3)(b) (b) To assure compliance with par. (a), an effluent, after dilution with an appropriate allowable quantity of receiving water flow equivalent to that provided by receiving water flows specified in s. NR 106.06 (3) (c) or implied in s. NR 106.06 (3) (b) 2., may not cause a significant adverse effect to a test organism population when compared to an appropriate control, as determined by applying all of the following:
NR 106.09(3)(b)1. 1. Using statistical interpretation methods appropriate to the toxicity test protocol, an adverse effect will be determined to be significant if the statistically derived IC25 or IC50, as specified for each species in the whole effluent toxicity test methods required in s. NR 219.04, Table A, from the whole effluent toxicity test, is less than the calculated IWC.
NR 106.09(3)(b)2. 2. If, in the judgment of the department, the statistical interpretation methods used to test for significance are not appropriate for a specific data set, empirical interpretation methods may be used to determine the significance of an effect.
NR 106.09(3)(c) (c) Chronic whole effluent toxicity limits shall be expressed as a value that is 100 divided by the IWC. Compliance with a chronic whole effluent toxicity water quality-based limitation shall be determined by comparing the monthly average calculated TUc from all toxicity tests conducted during that month to the limitation. Pursuant to s. NR 106.08 (6) (d), a calculated IC25 or IC50 that exceeds 100% is set equal to zero.
NR 106.09 Note Note: A toxicity reduction evaluation study is not always required in the event a chronic WET limit is imposed in a permit.
NR 106.09(3)(d) (d) Whole effluent chronic toxicity limitations shall be expressed in permits as monthly average limitations.
NR 106.09 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; renum. (1) (a), (b), (c) (intro.) and 2. and (2) to be (2) (a) to (c) and (3) and am. (2) (b), (c), (3) (a), (b) (intro.) and 1., r. (1) (c) 1., cr. (1), Register, August, 1997, No. 500, eff. 9-1-96; CR 03-050: am. (2) (b) (intro.) Register February 2004 No. 578, eff. 3-1-04; CR 04-101: am. (1) Register May 2005 No. 593, eff. 6-1-05; CR 15-085: r. and recr. (2) (e), cr. (2) (f), am. (3) (b) (intro.), 1. , r. and recr. (3) (c), cr. (3) (d) Register August 2016 No. 728, eff. 9-1-16.
NR 106.10 NR 106.10Noncontact cooling water additives. The department shall establish water quality based effluent limitations for toxic and organoleptic substances in noncontact cooling water discharges as follows:
NR 106.10(1) (1) For toxic and organoleptic substances commonly added by suppliers of drinking water systems and present in the noncontact cooling water, a water quality based effluent limitation calculated under s. NR 106.06 that is based on the applicable water quality criterion or secondary value shall be included in the permit unless the permittee demonstrates at least one of the following:
NR 106.10(1)(a) (a) The concentration of the substance in the intake water is dissipated within the system that supplies the intake water to the permittee and is consistently less than the water quality based effluent limitation.
NR 106.10(1)(b) (b) An effluent limitation is not necessary as determined using the reasonable potential procedures in s. NR 106.05.
NR 106.10(1)(c) (c) Prior to reaching the receiving water, the substance dissipates or is removed to a level that is below the water quality based effluent limitation.
NR 106.10(2) (2) For other toxic and organoleptic substances intentionally added to noncontact cooling water by the permittee, the department shall follow the procedures specified in ss. NR 106.05 and 106.06 to calculate a water quality based effluent limitation and determine whether the limitation is necessary in the permit. If there is no water quality criterion for an additive and there are potential water quality impacts from the additive, the department shall establish a secondary value for the additive in accordance with ch. NR 105 and calculate a limitation based on that value. All of the following requirements apply to the use and discharge of additives:
NR 106.10(2)(a) (a) A permittee shall obtain written approval from the department prior to use of the additive.
NR 106.10(2)(b) (b) A permittee shall provide the department with dosage information and safety data sheets and toxicological data, as requested by the department to meet minimum data requirements specified in ss. NR 105.05 (4) and 105.06 (6) for each additive for which approval is sought.
NR 106.10(2)(c) (c) Prior to increasing the usage of an additive in amounts greater than authorized by the department, a permittee shall get written approval from the department for the increased usage.
NR 106.10(2)(d) (d) After reissuance, if a permittee wants to use a new additive not previously approved by the department, the permittee shall get written approval from the department prior to use of the additive.
NR 106.10(2)(e) (e) A permittee may only use additives in accordance with the conditions of the department approval and any applicable permit terms. If the department does not approve use of the additive, the additive may not be discharged.
NR 106.10 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (1) (a), (b) and (2), cr. (1) (d), August, 1997, No. 500, eff. 9-1-97; CR 03-050: am. (1) (intro.) Register February 2004 No. 578, eff. 3-1-04; CR 15-084: r. and recr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (intro.) made under s. 35.17, Stats., Register August 2016 No. 728.
NR 106.11 NR 106.11Multiple discharges. Whenever the department determines that more than one discharge may be affecting the water quality of the same receiving water for one or more substances, the provisions of this chapter shall be used to calculate the combined allowable load from the discharges necessary to meet the water quality criteria for the substances. The resultant combined allowable load shall be divided among the various discharges using an allocation method based on site-specific considerations. Whenever the department makes a determination under this section, the department shall notify all permittees who may be affecting the water quality of the same receiving water of the determination and any limitations developed under this section. Permittees shall be given the opportunity to comment to the department on any determination made under this section.
NR 106.11 Note Note: The method of allocating the combined allowable load in s. NR 106.11 is not required to be based on the effluent flow rates specified in s. NR 106.06 (4) (d).
NR 106.11 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. Register, August, 1997, No. 500, eff. 9-1-97.
NR 106.115 NR 106.115Additivity of dioxins and furans. The 2,3,7,8-TCDD toxicity equivalence concentration in effluent shall be used when developing waste load allocations and for purposes of establishing water quality based effluent limits.
NR 106.115(1) (1) For the chlorinated dibenzo-p-dioxins (CDDs) listed in Tables 8 and 9 in ch. NR 105, the potential adverse additive effects of all dioxin (CDD) and chlorinated dibenzofuran (CDF) congeners in effluents shall be accounted for as specified in this section.
NR 106.115(2) (2) The Toxicity Equivalency Factor (TEF) in Table 1 and Bioaccumulation Equivalency Factor (BEF) in Table 2 shall be used when calculating a 2,3,7,8-TCDD toxicity equivalence concentration in effluent to be used when implementing both human health noncancer and cancer criteria. The chemical concentration of each CDD and CDF in effluent shall be converted to a 2,3,7,8-TCDD toxicity equivalence concentration in effluent by using the following equation:
(TEC)tcdd = S (C)x (TEF)x (BEF)x
where:
(TEC)tcdd = 2,3,7,8-TCDD toxicity equivalence
concentration in effluent
(C)x = concentration of total chemical x in effluent
(TEF)x = TCDD toxicity equivalency factor for x from table 1
(BEF)x = TCDD bioaccumulation equivalency factor for x from table 2
Table 1 — Toxicity Equivalency Factor for
CDDS and CDFs - See PDF for table PDF
Table 2 — Bioaccumulation Equivalency Factor
for CDDs and CDFs - See PDF for table PDF
NR 106.115 History History: Cr. Register, August, 1997, No. 500, eff. 9-1-97; CR 03-050: renum. from NR 106.16 Register February 2004 No. 578, eff. 3-1-04; CR 09-123: am. (1) Register July 2010 No. 655, eff. 8-1-10; CR 15-085: am. Table 1 (title), Table 2 (title) Register August 2016 No. 728, eff. 9-1-16.
NR 106.117 NR 106.117Schedules for compliance.
NR 106.117(1) (1) Any point source which has not received a WPDES permit from the department prior to March 23, 1997 or which commenced construction after that date may not receive a schedule for compliance to meet an effluent limitation that is established under the provisions of this chapter. The department may allow a brief period, not to exceed 90 days from the beginning of discharge, for the discharger to correct pollution control equipment start-up problems.
NR 106.117(2) (2) A reissued or modified permit may include a schedule for compliance with new or more stringent effluent limitations that are established by this chapter. The schedule for compliance shall meet the following conditions:
NR 106.117(2)(a) (a) Be as short as reasonably possible;
NR 106.117(2)(b) (b) May not extend beyond 5 years from the date that the permit is reissued or modified to include the new or more stringent effluent limitation, except as provided in par. (c);
NR 106.117(2)(c) (c) If the effluent limitation is based on a secondary value, the compliance schedule may allow the permittee additional time to conduct studies, other than those for site-specific criteria developed under s. NR 105.02 (1), that are needed to propose a revision to the secondary value upon which the effluent limitation is based. In no case may the compliance schedule for an effluent limitation that is based on a secondary value extend beyond 7 years from the date that the permit is reissued or modified to include the effluent limitation;
NR 106.117(2)(d) (d) May not allow more than one year between interim compliance dates;
NR 106.117(2)(e) (e) May require the permittee to evaluate pollution and waste minimization measures as a means for complying with the effluent limitation; and
NR 106.117(2)(f) (f) May extend beyond the expiration date of the permit if an interim permit limit which is effective upon the permit's expiration date is included in the permit.
NR 106.117 Note Note: An interim permit limit is not necessarily a numerical effluent limitation.
NR 106.117 History History: Cr. Register, August, 1997, No. 500, eff. 9-1-97; CR 03-050: renum. from NR 106.17 Register February 2004 No. 578, eff. 3-1-04.
NR 106.13 NR 106.13Leachate in publicly owned treatment works. Publicly owned treatment works subject to ch. NR 210 may demonstrate to the department that leachate from a licensed solid waste facility materially affects the quality of effluent from that treatment works and affects the capability of the treatment works to meet the effluent limitations established under this chapter. If the department determines that a proper demonstration has been made, the department shall, within its capabilities, provide reasonable assistance to the owner of the treatment works and establish an appropriate schedule of compliance.
NR 106.13 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.
NR 106.14 NR 106.14Analytical methods and laboratory requirements.
NR 106.14(1)(1) Methods used for analysis of samples shall be those specified in ch. NR 219 unless alternative methods are specified in the WPDES discharge permits. Where more than one approved analytical method for a pollutant exists, the department may specify in the permit which method shall be used.
NR 106.14(2) (2) The permittee shall submit, with all monitoring results, appropriate quality control information, as specified by the department.
NR 106.14(3) (3) The permittee shall report numerical values for all monitoring results greater than the limit of detection, as determined by a method specified by the department, unless analyte-specific instructions in the WPDES permit specify otherwise. The permittee shall appropriately identify all results greater than the limit of detection but less than the limit of quantitation.
NR 106.14 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; renum. NR 106.14 to be (1), cr. (2) and (3), Register, August, 1997, No. 500, eff. 9-1-97.
subch. III of ch. NR 106 Subchapter III — Effluent Limitations for Mercury Discharges
NR 106.145 NR 106.145Mercury regulation. This section provides an alternative means of regulating mercury in WPDES permits through the establishment of alternative mercury effluent limitations and other requirements and is intended as a supplement to the authority and procedures contained in other sections of this chapter. For purposes of this section, an alternative mercury effluent limitation represents a variance to water quality standards specified in chs. NR 102 to 105.
NR 106.145(1) (1)Findings. On November 1, 2002, the department finds all of the following:
NR 106.145(1)(a) (a) Requiring all dischargers of mercury to remove mercury using wastewater treatment technology to achieve discharge concentrations necessary to meet water quality standards would result in substantial and widespread adverse social and economic impacts.
Loading...
Loading...
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.