6. Summary of, and comparison with, existing or proposed federal regulations.
The federal counterpart to this rule is 40 CFR 136. On May 18, 2012, EPA published as final rule, "Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures”. The proposed revision to ch. NR 219 incorporates these changes and is consistent with the federal regulations. 7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota:
The States of Illinois, Iowa, Michigan, and Minnesota have wastewater programs delegated to them from the U.S. Environmental Protection Agency. Wisconsin has been the only state within EPA Region 5 which has allowed the use of SW-846 methods for NPDES compliance monitoring. Therefore, removing SW-846 methods from the rule will bring Wisconsin into line with other states.
With respect to new methods promulgated by the EPA, the Illinois EPA incorporated changes to 40 CFR Part 136 with legislation which took effect February 2013. The State of Michigan does not certify laboratories that perform analyses of wastewater. The Minnesota Environmental Laboratory Accreditation Program incorporated the changes to 40 CFR Part 136 for its October 2013 application period. The Iowa Department of Natural Resources rules reference the 2007 edition of 40 CFR Part 136 at this time. 8. Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen:
This proposed rule revision brings Wisconsin up to date with the current federal rules that establish analytical test methods.
9. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report:
Alternate approved methods from different authoritative sources are available for all of the analytical methods that are being deleted. The quality control requirements for analyses are established in ch. NR 149; these will not change with updating methods tables. For several analyses, newer methods and techniques have been added. It is possible for a laboratory to change the analytical method it uses and not incur additional costs or, in some cases, actually reduce costs. The requirements imposed upon small business include following approved analytical methods listed in the rule. There are no reporting requirements in NR 219. The small businesses that will likely be impacted by this rule are commercial laboratories certified under ch. NR 149. The vast majority of these laboratories likely follow approved analytical methods that are being maintained in this chapter. 10. Effect on small business:
The proposed changes to ch. NR 219 potentially only affect larger certified commercial laboratories and larger municipal wastewater facilities that analyze samples for compliance with their Wisconsin Pollutant Discharge Elimination System (WPDES) permit. There are 371 laboratories certified or registered to perform analyses by the department. Of these, 238 municipal wastewater laboratories, 48 industrial environmental, and 71 commercial environmental will be impacted by this rule. The remaining laboratories are public health laboratories that analyze drinking water and those that perform testing at hazardous waste facilities. This update will allow laboratories to utilize new techniques that currently require approval by the U. S. Environmental Protection Agency and deletes outdated methods that lack adequate quality control procedures. Of the 371 certified or registered laboratories that will be impacted by this rule, there are less than 12, 3% of the total, that fit the definition of "small businesses". This proposed rule would affect commercial, industrial, and municipal laboratories that analyze effluent discharges to determine compliance with WPDES permit limitations. All laboratories performing analyses to determine WPDES compliance are expected to keep detailed records of all laboratory information, including: analytical methods and results, corrective action logs, equipment records, quality control records, and sample receipt logbooks.
This proposal does not change analytical testing requirements, nor does it address any change in reporting, schedule or deadline requirements. Sections 299.11 and 283.55, Stats., do not allow for less stringent schedules, deadlines or reporting requirements. Laboratories may seek approval of an alternate test procedure, as specified in s. NR 219.05, Wisc. Adm. Code, from U.S. EPA. WPDES permit terms and conditions and other related regulations require that permitted facilities conduct analytical tests in compliance with the procedures of ch. NR 219. The Laboratory Certification and Registration Program audits laboratories performing these analyses to ensure that testing is performed in compliance with the proposed rule. If a laboratory does not follow an approved method, it is cited during the audit process; a laboratory must correct all identified deficiencies to maintain their certification under ch. NR 149. 11. Agency contact person:
Richard Mealy, Program Chemist
Department of Natural Resources
Laboratory Certification – SS/7
PO Box 7921
Madison, WI 53707
(608) 264-6006
12. Place where comments are to be submitted and deadline for submission.
Public hearings were held on January 27, 2014, The deadline for written comments was also January 27, 2014.
101 S Webster St (use this for overnight deliveries)
PO Box 7921
Madison WI 53707-7921
Program fax: 608-266-5226
A summary of comments received on the rule is provided as an attachment.
(See PDF for image)
SECTION 1. NR 157.21 is amended to read:
NR 157.21 Approval of alternate test procedures. Applications for approval of alternate test procedures for wastewater analysis must be made as directed in s. NR 219.05 219.033. SECTION 2. NR 219.02 (1)(intro.) and (2) are amended to read:
NR 219.02 Applicability. (1)(intro.) The procedures prescribed herein shall, except as provided in s. NR 219.06 219.037, be used in the determination of concentrations and quantities of pollutant parameters as required for: NR 219.02 (2) Section NR 219.06 219.037 requires that laboratories conducting tests under this chapter be certified, registered, or approved under ch. NR 149. SECTION 3. NR 219.04 (1), (2) and (4)(Note) are amended to read:
NR 219.04 Identification of test procedures. (1) ANALYTICAL TEST PROCEDURES. Parameters or pollutants, for which wastewater analytical methods are approved, are listed together with test procedure descriptions and references in tables A to E H. Parameters or pollutants, for which sludge analytical methods are approved, are listed together with test procedure descriptions and references in table EM. Metals samples digestion procedures and references are listed in table BM. The discharge values for the listed parameters shall be determined by one of the standard analytical test procedures identified in a table under this subsection or by an alternate test procedure established under ss. NR 219.05 219.033 and 149.12. NR 219.04 (2) Sample preservation procedures. Sample preservation techniques, container materials, and maximum allowable holding times for parameters identified in tables A to EH are prescribed in table F. Sludge samples shall be preserved at the time of collection by cooling to less than or equal to 6° C where required. All samples requiring thermal preservation at less than or equal to 6° C shall be cooled immediately after collection, and the required temperature maintained during shipping. Any person may apply for a variance from the prescribed preservation procedures applicable to samples taken from a specific discharge. Applications for variances may be made by letters to the regional administrator and shall provide sufficient data to assure that the variance does not adversely affect the integrity of the sample. The regional administrator will make a decision on whether to approve or deny a variance within 90 days of receipt of the application.
NR 219.04 (4) Note: Copies of the publications referenced in Tables A−F H are available for inspection at the offices of the department of natural resources and the legislative reference bureau. Many of these materials are also available through inter−library loan.
SECTION 4. NR 219.04 Table A is repealed and recreated to read:
Table A—List of Approved Biological Methods for Wastewater and Sewage Sludge
Parameter and units | Analytical Technology 1 | EPA | Standard methods 27 | AOAC, ASTM,
USGS | Other |
1. Coliform (fecal), number per 100 mL or number per gram dry weight | Most Probable Number (MPN), 5 tube, 3 dilution, or | p. 132 3
1680 11,15
1681 11,20 | 9221 C-2006 9221 E-2006 | | |
| Membrane filter (MF) 2, single step | p. 124 3 | 9222 D-1997 | B-0050-85 4 | |
2. Coliform (fecal) in presence of chlorine, number per 100 mL | MPN, 5 tube, 3 dilution, or | p. 132 3 | 9221 C-2006 9221 E-2006 | | |
| MF 2, single step 5 | p. 124 3 | 9222 D-1997 | | |
3. Coliform (total), number per 100 mL | MPN, 5 tube, 3 dilution, or | p. 114 3 | 9221 B-2006 | | |
| MF 2, single step or two step | p. 108 3 | 9222 B-1997 | B-0025-85 4 | |
4. Coliform (total), in presence of chlorine, number per 100 mL | MPN, 5 tube, 3 dilution, or | p. 114 3 | 9221 B-2006 | | |
| MF 2 with enrichment 5 | p. 111 3 | 9222 (B + B.5c)−1997 | | |
5.E. coli,number per 100 mL 21 | MPN 6,8,16 multiple tube, or | | 9221B.1-2006/ 9221F-2006 12,14 | | |
| multiple tube/multiple well, or | | 9223 B-200 413 | 991.15 10 | Colilert® 13, 18
Colilert-18® 13,17,18 |
| MF 2,6,7,8 single step | 1603 22 | | | mColiBlue ®19 |
6. Fecal streptococci, number per 100 mL | MPN, 5 tube 3 dilution, or | p. 139 3 | 9230 B-2007 | | |
| MF 2, or | p. 136 3 | 9230 C-2007 | B-0055-85 4 | |
7. Enterococci, number per 100 mL 22 | MPN 6, 8, multiple tube/multiple well, or | | | D6503-99 9 | Enterolert®13, 24 |
| MF 2, 6, 7, 8 single step or | 1600 25 | 9230 C-2007 | | |
8.Salmonella,number per gram dry weight 11 | MPN multiple tube | 1682 23 | | | |
9. Toxicity, acute, fresh water organisms, percent effluent | Daphnia, Ceriodaphnia dubia 48−h static− renewal mortality | | | | Note 27 |
| Fathead Minnow, Pimephales promelas, 96−h static renewal mortality, or 96−h flow−through mortality | | | | Note 27 |
10. Toxicity, chronic, fresh water organisms, percent effluent | Daphnia, Ceriodaphnia dubia, survival and reproduction | | | | Note 27 |
| Fathead minnow, Pimephales promelas , larval survival and growth | | | | Note 27 |
1 The method must be specified when results are reported.
2 A 0.45-µm membrane filter (MF) or other pore size certified by the manufacturer to fully retain organisms to be cultivated and to be free of extractables which could interfere with their growth.
3 Microbiological Methods for Monitoring the Environment, Water, and Wastes, EPA/600/8-78/017. 1978. US EPA.
4 U.S. Geological Survey Techniques of Water-Resource Investigations, Book 5, Laboratory Analysis, Chapter A4, Methods for Collection and Analysis of Aquatic Biological and Microbiological Samples. 1989. USGS.
5 Because the MF technique usually yields low and variable recovery from chlorinated wastewaters, the Most Probable Number method will be required to resolve any controversies.
6 Tests must be conducted to provide organism enumeration (density). Select the appropriate configuration of tubes/filtrations and dilutions/volumes to account for the quality, character, consistency, and anticipated organism density of the water sample.
7 When the MF method has been used previously to test waters with high turbidity, large numbers of noncoliform bacteria, or samples that may contain organisms stressed by chlorine, a parallel test should be conducted with a multiple-tube technique to demonstrate applicability and comparability of results.
8 To assess the comparability of results obtained with individual methods, it is suggested that side-by-side tests be conducted across seasons of the year with the water samples routinely tested in accordance with the most current Standard Methods for the Examination of Water and Wastewater or EPA alternate test procedure (ATP) guidelines.
9 Annual Book of ASTM Standards-Water and Environmental Technology, Section 11.02. 2000, 1999, 1996. ASTM International.
10 Official Methods of Analysis of AOAC International. 16th Edition, 4th Revision, 1998. AOAC International.
11 Recommended for enumeration of target organism in sewage sludge.
12 The multiple-tube fermentation test is used in 9221B.1-2006. Lactose broth may be used in lieu of lauryl tryptose broth (LTB), if at least 25 parallel tests are conducted between this broth and LTB using the water samples normally tested, and this comparison demonstrates that the false-positive rate and false-negative rate for total coliform using lactose broth is less than 10 percent. No requirement exists to run the completed phase on 10 percent of all total coliform-positive tubes on a seasonal basis.
13 These tests are collectively known as defined enzyme substrate tests, where, for example, a substrate is used to detect the enzyme β-glucuronidase produced byE. coli.
