Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 106 - Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters › Subchapter VIII - Permit Requirements for PFOS and PFOA Discharges › Section NR 106.98 - Determination of the necessity for reducing PFOS and PFOA in discharges

Current through June 24, 2024
(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.
(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:
(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.
(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.
(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.
(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.
(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.
Note:
The department has authority to sample
					 the effluent from permitted facilities under s.
					 283.55,
					 Stats.
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.