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 106.985 - PFOS and PFOA minimization plans, permit implementation procedures schedule

Current through June 24, 2024
(1) GENERAL. If the
				  department determines a permittee has reasonable potential to cause or
				  contribute to an exceedance of the PFOS or PFOA standard in s. NR 102.04 (8)
				  (d) 1. based on the reasonable potential procedures and data collected under s.
				  NR 106.98, the department shall notify the permittee in writing that a PFOS and
				  PFOA minimization plan that satisfies the requirements in s. NR 106.99 is
				  required.
Note:
The department intends to make the
					 reasonable potential determination during the term of the first reissued permit
					 under s. NR 106.98 (2) as soon as the effluent sampling is completed. If the
					 department determines that a permittee has reasonable potential to cause or
					 contribute to an exceedance of the PFOS or PFOA standard, the department will
					 modify the permit pursuant to the public notice and public participation
					 procedures under ch. 283, Stats., and ch. NR 203 to incorporate the PFOS and
					 PFOA minimization plan and other related terms and conditions, including annual
					 progress reporting requirements and a schedule of compliance to meet applicable
					 water quality based effluent limitations into the permit.
(2) SCHEDULES. The following timeline applies
				  to a permittee that receives written notification that a PFOS and PFOA
				  minimization plan is required under sub. (1):
(a) The permittee shall submit an initial
				  PFOS and PFOA minimization plan that contains applicable goals and actions
				  listed in s. NR 106.99 for department review and approval no later than 90 days
				  after written notification under sub. (1) was sent from the department. The
				  department may approve, conditionally approve, or reject the plan. The
				  department shall provide a written response to the permittee within 120 days of
				  receiving the plan and, if the initial plan is rejected, the response shall
				  explain the reasons for the rejection. The permittee shall submit a revised
				  plan that addresses all deficiencies and concerns within 30 days of department
				  notification.
(b) As soon as
				  possible after department approval of the PFOS and PFOA minimization plan, the
				  department shall modify or revoke and reissue the permit in accordance with the
				  public notice and public participation procedures required under ch. 283,
				  Stats., and ch. NR 203 to include the PFOS and PFOA minimization plan and other
				  related terms and conditions, including annual progress reporting requirements
				  and a schedule of compliance to meet applicable water quality based effluent
				  limitations. After the permit has been modified or revoked and reissued the
				  permittee shall implement actions identified in the approved plan and report
				  annually to the department on the progress of the PFOS and PFOA minimization
				  plan. The annual PFOS and PFOA minimization plan report shall include all of
				  the following:
1. An analysis of trends in
				  total effluent concentrations based on sampling, and for municipal dischargers
				  an analysis of how influent and effluent concentrations vary with time and with
				  significant loading of PFOS and PFOA.
2. A summary of activities that have been
				  implemented during the previous year and description of which, if any,
				  activities from the approved PFOS and PFOA minimization plan were not pursued
				  and why.
3. An assessment of
				  whether each implemented PFOS and PFOA minimization action appears to be
				  effective or ineffective at reducing pollutant discharge concentrations and
				  identification of actions planned for the upcoming year.
4. Identification of barriers that have
				  limited the plan's effectiveness and adjustments to the plan that will be
				  implemented during the next year to help address these barriers.
(c) A permittee may be allowed up
				  to a maximum period of 85 months from the date the permit was modified or
				  revoked and reissued to include the initial PFOS and PFOA minimization plan to
				  implement PFOS and PFOA source reduction activities. After the initial PFOS and
				  PFOA minimization plan is incorporated into the permit under par. (b), prior to
				  each subsequent permit reissuance within the maximum 85 month period, the
				  department shall evaluate whether levels of PFOS or PFOA in the effluent still
				  have the reasonable potential to cause or contribute to an exceedance of the
				  standard pursuant to s. NR 106.98 (4). If the department determines that levels
				  of PFOS or PFOA in the effluent no longer have the reasonable potential to
				  cause or contribute to an exceedance of the standard, the department may remove
				  future PFOS and PFOA minimization plan requirements and future scheduled
				  actions. However, the department shall include terms and conditions in the
				  permit in accordance with the requirements in sub. (3). If the department
				  determines that levels of PFOS or PFOA in the effluent still have the
				  reasonable potential to cause or contribute to an exceedance of the PFOS or
				  PFOA standard and there are feasible effective PFOS or PFOA source reduction
				  activities that the permittee can still implement, the department may include
				  the PFOS and PFOA minimization plan with source reduction activities in the
				  reissued permit as a condition of the schedule. The department may require
				  submittal of an updated PFOS and PFOA minimization plan as part of the
				  reissuance application, or the permittee may choose to submit a revised PFOS
				  and PFOA minimization plan. All revised PFOS and PFOA minimization plans are
				  subject to department review and approval. If, however, the department or the
				  permittee determine that there are no more feasible effective PFOS or PFOA
				  source reduction activities that a permittee can implement, then the source
				  reduction activities have been completed and par. (d) applies.
(d) After the actions in pars. (a) to (c)
				  have been completed, all of the following requirements apply:
1. For PFOS, after a permittee has completed
				  all feasible PFOS source reduction activities within the maximum allowable
				  period of 85 months, if the department determines levels of PFOS in the
				  permitted discharge still have the reasonable potential, as determined using
				  the procedures in s. NR 106.98 (4), to cause or contribute to an exceedance of
				  the PFOS standard in s. NR 102.04 (8) (d) 1., the permittee shall be required
				  to achieve compliance with a water quality-based effluent limitation that is
				  calculated using the procedure in s. NR 106.98 (4). The limit shall be
				  expressed as a monthly average and in accordance with the requirements in s. NR
				  106.07 unless impracticable.
2. For
				  PFOA, after a permittee has completed all feasible PFOA source reduction
				  activities within the maximum allowable period of 85 months, if the department
				  determines levels of PFOA in the discharge still have the reasonable potential,
				  as determined under the procedures in s. NR 106.98 (4), to cause or contribute
				  to an exceedance of the PFOA standard in s. NR 102.04 (8) (d) 1., a water
				  quality-based effluent limitation for PFOA shall be included in the permit. The
				  limitation shall be calculated using the calculation procedures in s. NR 106.98
				  (4). The PFOA limitation shall be expressed as a monthly average and in
				  accordance with the requirements in s. NR 106.07 unless
				  impracticable.
3. The department
				  may provide additional time in the compliance schedule consistent with the
				  requirements under s. NR 106.117 to achieve compliance with the water
				  quality-based effluent limitations as soon as reasonably possible.
4. The department shall require continued
				  monitoring of PFOS and PFOA with the water quality-based effluent limitation at
				  a frequency specified in the permit and may require continued monitoring in the
				  permit even if a water quality-based effluent limit for PFOS or PFOA is not
				  required in the permit under this subsection.