Register April 2022 No. 796
Chapter NR 233
pesticide chemicals
Subchapter I — General Provisions
NR 233.03 General definitions.
NR 233.04 Compliance dates.
Subchapter II — Organic Pesticide Chemicals Manufacturing Subcategory
NR 233.10 Applicability; description of the organic pesticide chemicals manufacturing subcategory.
NR 233.11 Specialized definitions.
NR 233.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).
NR 233.13 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
NR 233.14 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT).
NR 233.15 New source performance standards (NSPS).
NR 233.16 Pretreatment standards for existing sources (PSES).
NR 233.17 Pretreatment standards for new sources (PSNS).
Subchapter III — Metallo-Organic Pesticide Chemicals Manufacturing Subcategory
NR 233.20 Applicability; description of the metallo-organic pesticides chemicals manufacturing subcategory.
NR 233.21 Specialized definitions.
NR 233.22 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).
Subchapter IV — Pesticide Formulating, Packaging and Repackaging Subcategory
NR 233.30 Applicability; description of the pesticide formulating, packaging and repackaging subcategory.
NR 233.305 Specialized definitions.
NR 233.31 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).
NR 233.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
NR 233.33 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT).
NR 233.34 New source performance standards (NSPS).
NR 233.35 Pretreatment standards for existing sources (PSES).
NR 233.36 Pretreatment standards for new sources (PSNS).
Subchapter V — Test Methods for Pesticide Pollutants
NR 233.40 Identification of test procedures.
Subchapter VI — Repackaging of Agricultural Pesticides Performed at Refilling Establishments
NR 233.50 Applicability; description of repackaging of agricultural pesticides performed by refilling establishments subcategory.
NR 233.51 Special definitions.
NR 233.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology (BPT).
NR 233.53 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
NR 233.54 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
NR 233.55 New source performance standards (NSPS).
NR 233.56 Pretreatment standards for existing sources (PSES).
NR 233.57 Pretreatment standards for new sources (PSNS).
NR 233.01
NR 233.01 Purpose. The purpose of this chapter is to establish effluent limitations, performance standards and pretreatment standards for discharges of process wastes from the pesticide chemicals point source category and its subcategories.
NR 233.01 History
History: Cr.
Register, March, 1997, No. 495, eff. 4-1-97.
NR 233.02
NR 233.02 Applicability. This chapter applies to any pesticide chemicals facility that discharges or may discharge a pollutant to waters of the state or that introduces or may introduce pollutants into a publicly owned treatment works.
NR 233.02 History
History: Cr.
Register, March, 1997, No. 495, eff. 4-1-97.
NR 233.03
NR 233.03 General definitions. In addition to the definitions in ss.
NR 205.03,
205.04 and
211.03, the following definitions apply to the terms used in this chapter:
NR 233.03(1)
(1) “Active ingredient" means an ingredient of a pesticide which is intended to prevent, destroy, repel or mitigate any pest.
NR 233.03(1e)
(1e) “Appropriate pollution control technology" means the wastewater treatment technology listed in Table 10 for a particular pesticide active ingredient including an emulsion breaking step prior to the listed technology when emulsions are present in the wastewater to be treated.
NR 233.03(1o)
(1o) “Equivalent system" means a wastewater treatment system that is demonstrated in literature, treatability tests, or self-monitoring data to remove a similar level of pesticide active ingredient or priority pollutant as the applicable appropriate pollution control technology listed in Table 10.
NR 233.03(2)
(2) “Existing source" means any point source, except a new source as defined in sub.
(3), from which pollutants are or may be discharged either to waters of the state or into a publicly owned treatment works.
NR 233.03(2e)
(2e) “Formulation of pesticide products" means the process of mixing, blending, or diluting one or more of the pesticide active ingredients with one or more active or inert ingredients, without an intended chemical reaction, to obtain a manufacturing use product or an end use product.
NR 233.03(2o)
(2o) “Group one mixtures" means any product whose only pesticide active ingredient is:
NR 233.03(2p)
(2p) “Group 2 mixtures" means those chemicals listed in Table 9.
NR 233.03(2q)
(2q) “Inorganic wastewater treatment chemicals" means inorganic chemicals that are commonly used in wastewater treatment systems to aid in the removal of pollutants through physical and chemical technologies such as chemical precipitation, flocculation, neutralization, chemical oxidation, hydrolysis, or adsorption.
NR 233.03(2r)
(2r) “Interior wastewater" means any wastewater that is generated from cleansing or rinsing the interior of pesticide formulating, packaging, or repackaging equipment, raw material drums, shipping containers, or bulk storage tanks. Also included is cooling water that comes into direct contact with pesticide active ingredients during the formulating, packaging, or repackaging process.
NR 233.03(2u)
(2u) “Microbial pesticides" means registered pesticide active ingredients that are biological control agents listed in
40 CFR 152.20(a)(3) including protozoa, algae, fungi, bacteria and viruses.
NR 233.03(3)
(3) “New source" means any point source for which the commencement of construction occurred after April 10, 1992, in subchs.
II and
III and after April 14, 1994 for subchs.
IV and
VI and from which pollutants are or may be discharged either to waters of the state or into a publicly owned treatment works.
NR 233.03(3e)
(3e) “Packaging of pesticide products" means enclosing or placing a formulated pesticide product into a marketable container.
NR 233.03(4)(b)
(b) Any other form of terrestrial or aquatic plant or animal life.
NR 233.03(4)(c)
(c) Any virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living man or other living animals, which the administrator declares to be a pest under the Federal Insecticide, Fungicide and Rodenticide Act,
7 USC 136 et.seq.
NR 233.03(5)
(5) “Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.
NR 233.03(6)
(6) “Pesticide chemicals" means the sum of all active ingredients manufactured at each facility covered by this chapter.
NR 233.03(6e)
(6e) “PFPR/manufacturing facility" means a pesticide formulating, packaging, or repackaging facility that also performs pesticide manufacturing on-site and commingles their PFPR process wastewaters and pesticide manufacturing process wastewaters.
NR 233.03(6o)
(6o) “Pool chemicals" means pesticide products that are intended to disinfect or sanitize, reduce or mitigate growth or development of microbiological organisms in the water of swimming pools, hot tubs, spas, or other such areas in the household or institutional environment as provided in the directions for use on the product label.
NR 233.03(8)
(8) “Refilling establishment" means an establishment where the activity of repackaging a pesticide product occurs.
NR 233.03(9)
(9) “Repackaging of pesticide products" means the transfer of a pesticide formulation or pesticide active ingredients from one container to another without a change in composition of the formulation or the labeling content for sale or distribution.
NR 233.03(10)
(10) “Sanitizer products" means pesticide products that are intended to disinfect or sanitize, reduce or mitigate growth or development of microbiological organisms on inanimate surfaces in the household, institutional, or commercial environments and whose labeled directions for use result in the product being discharged to a POTW. This definition also includes sanitizer solutions as defined by
21 CFR 178.1010 and pool chemicals as defined in this section. This definition does not include liquid chemical sterilants, including sporicidals, exempted by s.
NR 233.30 (3) (f) or industrial preservatives and water treatment microbiocides other than pool chemicals.
NR 233.03(11)
(11) “Stand-alone PFPR facility" means a PFPR facility where either no pesticide manufacturing occurs or pesticide manufacturing process wastewaters are not commingled with PFPR process wastewaters. Facilities may formulate, package, repackage, or manufacture other non-pesticide chemical products and be considered a stand-alone PFPR facility.
NR 233.03 History
History: Cr.
Register, March, 1997, No. 495, eff. 4-1-97; cr. (1e), (1o), (2e) to (2u), (3e), (6e), (6o), (8) to (11), am. (3),
Register, May, 2001, No. 545, eff. 6-1-01.
NR 233.04(1)(1)
Any existing source subject to this chapter which discharges to waters of the state shall achieve:
NR 233.04(1)(a)
(a) The effluent limitations representing BPT by July 1, 1977; and
NR 233.04(1)(b)
(b) The effluent limitations representing BAT by July 1, 1984.
