Section NR 106.05 - Determination of the necessity for water quality based effluent limitations for toxic and organoleptic substances(1)(a)General. The department shall establish water quality based effluent limitations for point source dischargers whenever the discharges from those point sources contain(s) toxic or organoleptic substances at concentrations or loadings which do not, as determined by any method in this section, meet applicable water quality standards specified in chs. NR 102 to 105.(b)Determining necessity for limitations based on secondary values. The department may establish water quality based effluent limitations for point source discharges based on secondary values calculated according to ch. NR 105. The department shall calculate secondary values and establish limitations for toxic and organoleptic substances in permits based on secondary values when, in the judgment of the department, one or more of the following factors support the necessity for the values, in conjunction with the procedures in subs. (2) to (8). 1. Whole effluent toxicity or other biomonitoring or bioassay test results indicate toxicity to test or other species.2. The use designation of the receiving water is or may be impaired.3. There is other information that the industrial category or subcategory of the point source or the industrial or other sources discharging to a publicly owned treatment works discharges the substance.4. The substance in the wastewater will not be adequately removed or reduced by the type of wastewater treatment provided.5. The ecological or environmental risk from the substance may be significant when discharged to surface waters.6. Other relevant factors which may cause an adverse effect on surface waters as specified in s. NR 105.04(1).(c) If the department determines that a limitation based on an aquatic life acute or chronic secondary value should be established in a permit according to the provisions in this section, a permittee may request an alternative WET limit in accordance with s. NR 106.07(7). Note: A toxic or organoleptic substance includes, but is not limited to, those substances in Table 6 of 40 CFR part 132.
(2) When considering the necessity for water quality based effluent limitations, the department shall consider in-stream biosurvey data and data from ambient toxicity analyses whenever such data are available.(3) If representative discharge data are available for a toxic or organoleptic substance being discharged from a point source, limitations shall be established in accordance with any one of the following conditions:(a) The discharge concentration of the substance for any day exceeds the limit of detection and exceeds the limitations based on either the acute toxicity criterion or secondary acute value for the substance as determined in s. NR 106.06(3) where appropriate,(b) The arithmetic average discharge concentration of the substance for any 4 consecutive days calculated as described in sub. (7) exceeds the limit of detection and exceeds the limitations based on either the chronic toxicity criterion or secondary chronic value for the substance as determined in s. NR 106.06(4).(c) The arithmetic average discharge concentration of the substance for any 30 consecutive days calculated as described in sub. (7) exceeds the limit of detection and exceeds any limitation based on the wildlife, human threshold, or human cancer criteria or secondary values, or taste and odor criteria for the substance as determined in s. NR 106.06(4).(4) If at least 11 daily discharge concentrations of the substance are greater than the limit of detection and the requirements of sub. (3) do not result in the need for an effluent limitation, water quality based effluent limitations are necessary for a substance in a point source discharge if the upper 99th percentile of available discharge concentrations as calculated in sub. (5) meets any of the conditions specified in pars. (a) to (c). (a) The upper 99th percentile of daily discharge concentrations of the substance exceeds the limitation based on either the acute toxicity criterion or the secondary acute value for the substance as determined in s. NR 106.06(3).(b) The upper 99th percentile of 4-day average discharge concentration of the substance exceeds the limitation based on either the chronic toxicity criterion or the secondary chronic value for the substance as determined in s. NR 106.06(4), or(c) The upper 99th percentile of 30-day average discharge concentration of the substance exceeds any limitation based on the wildlife, human threshold, or human cancer criteria or secondary value, or taste and odor criteria for the substance as determined in s. NR 106.06(4).(5) This subsection shall be used to calculate upper 99th percentile values unless a probability distribution other than log normal is determined to be more appropriate and alternate methods to calculate the upper 99th percentile are available. (a) When available daily discharge concentrations of the substance are not serially correlated and at least 11 concentrations are greater than the limit of detection, the upper 99th percentile of the daily average, the 4-day average and the 30-day average discharge concentrations may be calculated as follows: View Image
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(b) When the daily discharge concentrations of any substance are serially correlated, the serially correlated data may be adjusted using appropriate methods such as that presented in Appendix E of "Technical Support Document for Water Quality-based Toxics Control", U.S. environmental protection agency, March 1991 (EPA/505/2-90-001). The equation presented in par. (a) may be used after adjustment of the serially correlated data. (6) If less than 11 daily discharge concentrations of the substance are greater than the limit of detection, and the requirements in sub. (3) do not result in an effluent limitation, water quality based effluent limitations are necessary for a substance in a point source discharge if the arithmetic average of available discharge concentrations as calculated in sub. (7) exceeds any value determined in par. (a) or (b): (a) One fifth of the limitation based on the acute toxicity criterion or secondary acute value for the substance, as determined in s. NR 106.06(3) where appropriate, or(b) One fifth of any limitation based on chronic toxicity criteria or secondary chronic values or long-term impacts as determined in s. NR 106.06(4).(7) The arithmetic average discharge concentration as used in subs. (3) and (6) shall be calculated using all available discharge data treated according to this subsection. (a) If, in the judgment of the department, the analytical methods used to test for the substance represent acceptable methods, all values reported as less than the limit of detection shall be set equal to zero for calculation of the average concentration.(b) If, in the judgment of the department, the analytical methods used to test for the substance do not represent the best acceptable methods, all values reported as less than the limit of detection shall be discarded from the data.(8) If representative discharge data are not available for a substance, the department may include water quality-based effluent limitations in a permit if, in the judgment of the department, water quality standards will be exceeded if the discharge of the substance is not limited.(9) Regardless of the results of the analysis conducted under this section, the department may, whenever determined necessary, require monitoring for any toxic or organoleptic substance.Wis. Admin. Code Department of Natural Resources NR 106.05
Cr. Register, February, 1989, No. 398, eff. 3-1-89; renum. (1) to be (1) (a), cr. (1) (b) and (c), am. (3) (a) to (c), (4) (a) to (c), (5) (b), (6) (a) and (b) and (8), Register, August, 1997, No. 500, eff. 9-1-97; CR 03-050: am. (5) (a) Register February 2004 No. 578, eff. 3-1-04; CR 09-123: am. (5) (a) Register July 2010 No. 655, eff. 8-1-10.Amended by, CR 15-085: am. (1) (c), r. and recr. (8) Register August 2016 No. 728, eff. 9/1/2016