Wisconsin Legislature: 002 - CR 15-085 Rule Text

Section 20 NR 106.07 (1) (title) is created to read:

NR 106.07 (1) (title) Permit monitoring frequency.

Section 21 NR 106.07 (2) is repealed and recreated to read:

NR 106.07 (2) General. Except as provided in subs. (3) and (4), a chemical specific water quality based effluent limitation that is calculated under this chapter shall be expressed in the permit as both a concentration limitation and a mass limitation unless the pollutant cannot appropriately be expressed by mass or a mass limitation is infeasible because the mass of the pollutant cannot be related to a measure of operation. Water quality based mass limits for discharges of chlorine are not required in permits. The concentration limitation shall be expressed in units of mg/L or equivalent units. The mass limitation shall be expressed in units of kg/day or equivalent units. All of the following procedures shall be used when calculating mass limitations:

(a) For dischargers subject to ch. NR 210, an acute toxicity based concentration limitation that is derived by the procedure in s. NR 106.06 shall be converted to a mass limitation by using the discharger's maximum effluent flow, expressed as a daily total flow, that is anticipated to occur for 24 continuous hours during the design life of the treatment facility.

(b) For all other dischargers not subject to ch. NR 210, an acute toxicity based concentration limitation that is derived by the procedures in s. NR 106.06 shall be converted to a mass limitation by using the discharger's maximum effluent flow, expressed as a daily total flow, that has occurred for 24 continuous hours and represents normal operations. When calculating a mass limitation, the department may consider a projected increase in effluent flow that will occur when production is increased or modified, or another wastewater source, including stormwater, that is added to an existing wastewater treatment facility. This paragraph does not waive the requirements of ch. NR 207.

(c) An aquatic life chronic, human health or wildlife-based concentration limitation that is determined by the procedures in s. NR 106.06 shall be converted to a mass limitation by using the same effluent flow rate that was used in s. NR 106(4)(d) to calculate the chronic toxicity concentration limitation.

(d) A chronic toxicity based mass limitation that is determined by the procedures in s. NR 106.11 shall be converted to a concentration limitation by using an effluent flow rate from s. NR 106.06(4)(d).

Section 22 NR 106.07 (2) note is created to read:

NR 106.07 (2) Note: An example of where a mass limitation is infeasible is water quality based mass limits for discharges of temperature. Therefore, temperature mass limitations are not required in permits.

Section 23 NR 106.07 (3) is repealed and recreated to read:

NR 106.07 (3) Expression of concentration limitations in permits for continuous discharges subject to NR 210. (a) Applicability. The procedures for expressing limitations in permits in this subsection apply to continuous discharges subject to ch. NR 210 where there is reasonable potential under s. NR 106.05 to exceed a water quality based effluent limitation based on fish and aquatic life protection, human health or wildlife protection that is calculated pursuant to s. NR 106.06. This subsection does not apply if another provision in this chapter or another administrative code requires a different time period for expressing limits for a specific pollutant, type of discharge or parameter, or if the department determines that expression of limitations in accordance with this subsection is impracticable pursuant to sub. (10).

Note: An example of a different time period for expressing limits for a specific pollutant or parameter is WET limitations as specified in s. NR 106.09.

(b) Expression of Water Quality Based Effluent Limitations based on Acute Criterion. If there is reasonable potential pursuant to s. NR 106.05 to exceed a water quality based effluent limitation calculated under s. NR 106.06 for a pollutant that is based on an acute criterion or secondary value, that limitation shall be expressed as a daily maximum and included in the WPDES permit.

(c) Expression of Water Quality Based Effluent Limitations based on Chronic Criterion. If there is reasonable potential pursuant to s. NR 106.05 to exceed a water quality based effluent limitation calculated under s. NR 106.06 for a pollutant that is based on a chronic criterion or secondary value that limitation shall be expressed as a weekly average and included in the WPDES permit.

(d) Expression of Water Quality Based Effluent Limitations based on Human Health or Wildlife Criterion. If there is reasonable potential under s. NR 106.05 to exceed a water quality based effluent limitation calculated under s. NR 106.06 for a pollutant that is based on a human health or wildlife criterion or secondary value, that limitation shall be expressed as a monthly average and included in the WPDES permit.

(e) Additional Permit Limitations. Both a weekly average and monthly average permit limitation shall be included in a WPDES permit for a pollutant whenever any water quality based effluent limitation for that pollutant is determined necessary pursuant to s. NR 106.05. A daily maximum limitation shall be included in a WPDES permit in addition to the weekly average and monthly average limitation if the daily maximum limitation is determined necessary pursuant to par. (b). The department shall use all of the following procedures to include weekly average and monthly average limitations in WPDES permits:

1. If a daily maximum limitation is the only limitation determined necessary for a pollutant pursuant to s. NR 106.05, a weekly average and monthly average limitation shall still be included in the permit and shall be set equal to the daily maximum limitation or the calculated weekly average and monthly average water quality based effluent limitations, whichever is more restrictive.

2. If a weekly average limitation is determined necessary for a pollutant pursuant to s. NR 106.05, but a monthly average limitation is not determined necessary for that pollutant in the permit pursuant to s. NR 106.05, a monthly average limitation shall still be included in the permit and shall be set equal to the weekly average limitation or the monthly average water quality based effluent limitation calculated under s. NR 106.06, whichever is more restrictive. A daily maximum limitation shall be included if deemed necessary pursuant to s. NR 106.05.

3. If a daily maximum and monthly average limitation are determined necessary in a permit for a pollutant pursuant to s. NR 106.05, but a weekly average limit is not necessary for that pollutant pursuant to s. NR 106.05, a weekly average limitation shall still be included in the permit for the pollutant and shall be set equal to the daily maximum limitation or the weekly average water quality based effluent limitation calculated under s. NR 106.06, whichever is more restrictive.

4. If a monthly average limitation is the only limitation determined to be necessary for a pollutant pursuant to s. NR 106.05, a weekly average limitation shall still be included in the permit and shall be set equal to the weekly average water quality based effluent limitation calculated under s. NR 106.06, or a weekly average limitation calculated using the following procedure, whichever is more restrictive:

Weekly Average Limitation = (Monthly Average Limitation*MF)

Where:

MF= Multiplication factor as defined in Table 1

CV= The coefficient of variation (CV) as calculated in s. NR 106.07(5m)

n= the number of samples per month required by WPDES permit

NR 106.07 (3) (e) (4) Table 1- Multiplication Factor

n=1

n=2

n=3

n=4

n=8

n=12

n=16

n=20

n=24

n=30

0.1

1.07

1.13

1.14

1.16

1.18

1.20

1.21

1.22

0.2

1.14

1.25

1.29

1.33

1.39

1.42

1.43

1.45

1.46

0.3

1.22

1.37

1.45

1.50

1.60

1.65

1.68

1.70

1.72

1.74

0.4

1.30

1.50

1.60

1.67

1.82

1.89

1.94

1.97

2.00

2.02

0.5

1.38

1.622

1.75

1.84

2.04

2.14

2.20

2.25

2.28

2.32

0.6

1.46

1.73

1.89

2.01

2.25

2.38

2.46

2.52

2.57

2.62

0.7

1.54

1.84

2.02

2.16

2.45

2.61

2.72

2.79

2.85

2.91

0.8

1.61

1.94

2.14

2.29

2.64

2.83

2.95

3.04

3.11

3.19

0.9

1.69

2.03

2.25

2.41

2.81

3.03

3.17

3.28

3.36

3.45

1.0

1.76

2.11

2.34

2.52

2.96

3.20

3.37

3.49

3.59

3.70

1.1

1.83

2.18

2.43

2.62

3.09

3.36

3.55

3.69

3.80

3.93

1.2

1.90

2.25

2.50

2.70

3.20

3.50

3.71

3.86

3.99

4.13

1.3

1.97

2.31

2.57

2.77

3.30

3.62

3.85

4.02

4.15

4.31

1.4

2.03

2.37

2.63

2.83

3.39

3.73

3.97

4.15

4.30

4.47

1.5

2.09

2.42

2.68

2.89

3.46

3.82

4.08

4.27

4.43

4.62

1.6

2.15

2.42

2.73

2.89

3.46

3.89

4.16

4.37

4.54

4.62

1.7

2.21

2.52

2.77

2.98

3.57

3.96

4.24

4.46

4.64

4.85

1.8

2.27

2.56

2.81

3.01

3.61

4.01

4.30

4.53

4.72

4.94

1.9

2.32

2.60

2.84

3.05

3.65

4.05

4.35

4.59

4.79

5.02

2.0

2.37

2.64

2.87

3.07

3.67

4.09

4.40

4.64

4.84

5.09

5. Limitations calculated under subds. (1) to (4) shall be expressed in terms of concentration unless the department determines that a mass limitation is also necessary to protect fish and aquatic life, human health, or wildlife due to the variability of effluent flow or stream flow or other site-specific factors.

Section 24 NR 106.07 (3) note is created to read:

NR 106.07 (3) Note: This methodology is based on the Technical Support Document for Water Quality-based Toxics Control (March 1991). PB91-127415.

Section 25 NR 106.07 (4) is repealed and recreated to read:

NR 106.07 (4). Expression of concentration limitations in permits for continuous discharges not subject to NR 210. (a) Applicability. The procedures for expressing limitations in this subsection apply to continuous discharges that are not subject to ch. NR 210 and where there is reasonable potential under s. NR 106.05 to exceed a water quality based effluent limitation based on fish and aquatic life protection, human health or wildlife protection that is calculated pursuant to pursuant to s. NR 106.06. This subsection does not apply if another provision in this chapter or another administrate code chapter requires a different time period for expressing limits that is specific to a pollutant, type of discharge or other parameter, or if the department determines that expression of limitations in accordance with this subsection is impracticable pursuant to sub. (10).

Note: An example of a different time period for expressing limits for a specific pollutant or parameter is WET limitations as specified in s. NR 106.09.

(e) Additional Permit Limitations. Both a daily maximum and monthly average permit limitation shall be included in a WPDES permit for a pollutant whenever any water quality based effluent limitation for that pollutant is determined necessary pursuant to s. NR 106.05. A weekly average limitation shall be included in a WPDES permit in addition to daily maximum and monthly average limitation if the weekly average limit is determined necessary pursuant to par. (c). The department shall use all of the following procedures to include daily maximum and monthly average limitations in WPDES permits:

1. If a daily maximum limitation is the only limitation determined necessary for a pollutant pursuant to s. NR 106.05, a monthly average limitation shall still be included in the permit and set equal to the daily maximum limitation or the monthly average water quality based effluent limitation calculated pursuant to s. NR 106.06, whichever is more restrictive.

2. If a weekly average limitation is the only limitation determined necessary for a pollutant pursuant to s. NR 106.05 a monthly average limitation shall still be included in the permit and shall be set equal to the weekly average limitation or the monthly average water quality based effluent limitation calculated pursuant to s. NR 106.06, whichever is more restrictive. A daily maximum limitation shall also be included in the WPDES permit and set equal to the daily maximum water quality based effluent limitation calculated pursuant to s. NR 106.06 or a daily maximum limitation calculated using the following procedure, whichever is more restrictive:

Daily Maximum Limitation= WQBELc *DMF

Where:

WQBELc = water quality based effluent limitation calculated based on chronic criteria pursuant to s. NR 106.06.

DMF= Daily Multiplication Factor as defined in Table 2, where

CV= The coefficient of variation (CV) as calculated in s. NR 106.07(5m)

NR 106.07 (4) (e) (2) Table 2- Daily Multiplication Factor

CV	Multiplying Factor

0.1

1.114

0.2

1.235

0.3

1.359

0.4

1.460

0.5

1.557

0.6

1.639

0.7

1.712

0.8

1.764

0.9

1.802

1.0

1.828

1.1

1.842

1.2

1.849

1.3

1.851

1.4

1.843

1.5

1.830

1.6

1.815

1.7

1.801

1.8

1.781

1.9

1.751

2.0

1.744

3. If a monthly average limitation is determined necessary, but a daily maximum limitation is not determined necessary for that pollutant pursuant to s. NR 106.05, a daily maximum limitation shall still be included in the permit and shall be set equal to the daily maximum water quality based effluent limitation calculated pursuant to s. NR 106.06 or a daily maximum limitation calculated using the following procedure, whichever is more restrictive:

Daily Maximum Limitation = (Monthly Average Limitation*MF)

Where:

Multiplication Factor= Multiplication Factor as defined in s. NR 106.07 (3) (e) 4 Table 1, where

CV= The coefficient of variation (CV) as calculated in s. NR 106.07 (5m)

n= the number of samples per month required by WPDES permit

4. Limitations calculated under subds. (1) to (3) shall be expressed in terms of concentration unless the department determines that a mass limitation is also necessary to protect fish and aquatic life, human health, or wildlife due to the variability of effluent flow or stream flow or other site-specific factors.

Section 26 NR 106.07 (4) note is created to read:

NR 106.07 (4) Note: This methodology is based on the Technical Support Document for Water Quality-based Toxics Control (March 1991). PB91-127415.

Section 27 NR 106.07 (5) is repealed and recreated to read:

NR 106.07 (5) Expression of concentration limitations in permits for noncontinuous discharges. (a) Applicability. The procedures for expressing limitations in this subsection apply to seasonal discharges, discharges proportional to stream flow, or other unusual discharge situations that do not meet the definition of a continuous discharge pursuant to s. NR 205.03 (9g) where there is reasonable potential under s. NR 106.05 to exceed a water quality based effluent limitation based on fish and aquatic life protection, human health or wildlife protection. Water quality based effluent limitations shall be calculated pursuant to s. NR 106.06.

(b) Acute Reasonable Potential. Pursuant to s. NR 106.05, if there is reasonable potential to exceed a water quality based effluent limitation for a pollutant that is based on an acute criterion or secondary value then the acute concentration limitation calculated under s. NR 106.06 shall be expressed as a daily maximum and included in the permit.

(c) Chronic and Human Health or Wildlife Reasonable Potential. Pursuant to s. NR 106.05, if there is reasonable potential to exceed a water quality based effluent limitation for a pollutant based on a chronic, a human health or wildlife criterion or secondary value, limitations shall be included in the permit and expressed on a case-by-case basis. The Department shall consider the following factors:

1. Frequency and duration of discharge

2. Total mass of discharge

3. Maximum flow rate of discharge

4. Whether the pollutant is subject to a technology based limitation or other limitation expressed by mass, concentration, or other appropriate measure in the WPDES permit.

Section 28 NR 106.07 (5m) and (title) are created to read:

NR 106.07 (5m) Coefficient of variation. (a) The coefficient of variation (CV) shall be calculated as the ratio of the standard deviation of the representative effluent data divided by the arithmetic average of the representative effluent data, except as provided in par. (b).

(b) If there are fewer than ten representative data points the CV shall be set equal to 0.6.

(c) When calculating the CV in par. (a) a monitoring result less than the limit of detection may be assigned a value of zero. If the effluent limitation is less than the limit of detection, the department may substitute a value other than zero for results less than the limit of detection, after considering the number of monitoring results that are greater than the limit of detection and if warranted when applying appropriate statistical techniques.

Section 29 NR 106.07 (6) (title) is created to read:

NR 106.07 (6) (title) Monitoring and compliance with limitations below the level of detection.

Section 30 NR 106.07 (7) (title) is created to read:

NR 106.07 (7) (title) Whole effluent toxicity as alternative limit.

Section 31 NR 106.07 (8) (title) is created to read:

NR 106.07 (8) (title) Secondary values and studies within the great lakes basin.

Section 32 NR 106.07 (8) is amended to read:

NR 106.07 (8) If the effluent limitation based on a secondary value is established in a permit, the permittee permittees discharging to the Great Lakes basin may request that additional time be added to the compliance schedule, according to s. NR 106.117 (2), for the permittee to conduct studies, other than studies for site-specific criteria pursuant to s. NR 105.02 (1), that are needed to propose a revision to the secondary value upon which the effluent limitation is based. During this time, the permittee may provide additional data necessary to either refine the secondary value or calculate a water quality criterion.

Section 33 NR 106.07 (9) (title) is create to read:

NR 106.07 (9) (title) Wet weather mass limitations.

Section 34 NR 106.07 (10) and (title) is created to read:

NR 106.07 (10) (title) Alternative methods for limit expression. The department may use an alternative method from the methodology specified in subs. (3) through (5) to express water quality based effluent limitations in WPDES permits if the department determines that the methods in subs. (3)-(5) are impracticable and an alternative methodology is necessary and appropriate and adequately protective of the designated uses of the receiving and downstream waters as specified in ch. NR 102.

Section 35 NR 106.08 is repealed and recreated to read:

NR 106.08 (1) General. The department shall establish whole effluent toxicity testing requirements and limitations whenever necessary to meet applicable water quality standards as specified in chs. NR 102 to 105 as measured by exposure of aquatic organisms to an effluent and specified effluent dilutions. When considering the necessity for whole effluent toxicity testing requirements and limitations, the department shall consider in-stream biosurvey data and data from ambient toxicity analyses, whenever such data are available.

(2) Determination of necessity. If representative discharge data are available for an effluent being discharged from a point source, whole effluent toxicity testing requirements are necessary when:

(a) Existing aquatic life toxicity test data generated according to standard test protocols indicate a potential for an effluent from a point source discharge to adversely impact the receiving water aquatic life community.

(b) A water quality based effluent limitation for a toxic substance is determined necessary in s. NR 106.05.