Section NR 235.02 - Applicability(1) This chapter applies to process wastewater discharges from all facilities or portions of facilities that manufacture the organic chemicals, plastics and synthetic fibers (OCPSF) products or product groups covered by subchs. II to VIII and are included within the following U.S. department of commerce bureau of the census standard industrial classification (SIC) groups:(a) SIC 2821 - Plastic materials, synthetic resins and nonvulcanizable elastomers.(b) SIC 2823 - Cellulosic man-made fibers.(c) SIC 2824 - Synthetic organic fibers, except cellulosic.(d) SIC 2865 - Cyclic crudes and intermediates, dyes and organic pigments.(e) SIC 2869 - Industrial organic chemicals, not elsewhere classified.(2) This chapter applies to wastewater discharges from OCPSF research and development, pilot plant, technical service and laboratory bench scale operations if these operations are conducted in conjunction with and related to existing OCPSF manufacturing activities at the facility site.(3) This chapter does not apply to discharges resulting from the manufacture of OCPSF products included in the following SIC subgroups, if a facility has reported under the following subgroups rather than under the SIC groups listed in sub. (1): (a) SIC 2843085 - bulk surface active agents.(b) SIC 28914 - synthetic resin and rubber adhesives.(c) Chemicals and chemical preparations, not elsewhere classified: 1. SIC 2899568 - sizes, all types.2. SIC 2899597 - other industrial chemical specialties, including fluxes, plastic wood preparations and embalming fluids.(d) SIC 2911058 - aromatic hydrocarbons manufactured from purchased refinery products.(e) SIC 2911632 - aliphatic hydrocarbons manufactured from purchased refinery products.(4) This chapter does not apply to discharges for which a different set of previously promulgated effluent limitations guidelines and standards apply, unless the facility reports OCPSF products under SIC codes 2821, 2865 or 2869, and the facility's OCPSF wastewaters are treated in a separate treatment system or discharged separately to a POTW.(5) This chapter does not apply to any process wastewater discharges from the manufacture of organic chemical compounds solely by extraction from plant and animal raw materials or by fermentation processes.(6) This chapter does not apply to wastewater discharges of chromium, copper, lead, nickel or zinc in complexed metal-bearing waste streams listed as follows: (a) Chromium: Acid dyes
Azo acid dyes, including metallized azo acid dyes
Azo dye intermediates from substituted diazonium salts + coupling compounds
Metallized azo dyes from azo dye + metal acetate
Organic pigments, miscellaneous lakes and toners
Vat dyes
(b) Copper: Acid dyes
Metallized azo dyes from azo dye + metal acetate
Direct dyes
Azo direct dyes
Disperse dyes
Disperse dye coupler from N-substitution of 2-amino-4-acetamidoanisole
Azo and vat disperse dyes
Organic pigments
Organic pigment green 7 from copper phthalocyanine
Organic pigments from phthalocyanine pigments
Organic pigments from copper phthalocyanine (blue crude)
Organic pigments, miscellaneous lakes and toners
Sulfur dyes
Vat dyes
(c) Lead: Organic pigments, quinacridines
Organic pigments, thioindigoids
Tetraethyl lead from alkyl halide + sodium-lead alloy
Tetramethyl lead from alkyl halide + sodium-lead alloy
(d) Nickel: Metallized azo dyes from azo dye + metal acetate
(e) Zinc: Organic pigments from azo pigments by diazotization and coupling
(7) This chapter does not apply to discharges of cyanide in cyanide bearing waste streams listed in Appendix A if the department or control authority does the following: (a) Determines that the cyanide limitations and standards are not achievable due to elevated levels of non-amenable cyanide that is not oxidized by chlorine treatment, that result from the unavoidable complexing of cyanide at the process source of the cyanide-bearing waste stream.(b) Establishes an alternative total cyanide or amenable cyanide limitation that reflects the best available technology economically achievable.(c) Bases the determination under par. (a) upon a review of relevant engineering, production and sampling and analysis information, including measurements of both total and amenable cyanide in the waste stream. (d) Analyzes the extent of complexing in the waste stream, based on the foregoing information, and its impact of cyanide treatability in writing and, for direct dischargers, contained in the fact sheet required by 40 CFR 124.8.(8) Discharge limitations for chromium, copper, lead, nickel and zinc or discharge standards for lead and zinc may be established for waste streams not listed in Appendix A and not otherwise determined to be metal-bearing waste streams if the department or control authority determines that the wastewater metals contamination is due to background levels that are not reasonably avoidable from sources such as intake water, corrosion of construction materials or contamination of raw materials. The determination shall be based upon a review of relevant facility operating conditions, process chemistry, engineering and sampling and analysis information. An analysis of the sources and levels of the metals, based on the foregoing information, shall be in writing as follows: (a) For direct dischargers: 1. The analysis shall be contained in the fact sheet required by 40 CFR 124.8.2. The department may establish limitations for chromium, copper, lead, nickel and zinc for non-metal-bearing waste streams between the lowest level which the permit writer determines based on professional judgment can be reliably measured and the concentrations of the metals present in the waste streams, but not to exceed the applicable limitations contained in ss. NR 235.81 and 235.91.3. The applicable limitations for zinc which may not be exceeded are those appearing in the tables in ss. NR 235.81 and 235.91, not the alternative limitations listed in footnote 2 to each of these tables.(b) For indirect dischargers: 1. The control authority may establish standards for lead and zinc for non-"metal-bearing waste streams" between the lowest level which the control authority determines based on best professional judgment can be reliably measured and the concentration of the metals present in the waste streams, but not to exceed the applicable standards contained in s. NR 235.99.2. The applicable standards for zinc which may not be exceeded are those appearing in the table in s. NR 235.99 and not the alternative standards in footnote 2 to this table.(c) The limitations and standards for individual dischargers shall be set on a mass basis by multiplying the concentration allowance established by the department or control authority by the process wastewater flow from the individual waste streams for which incidental metals have been found to be present.(9) Any existing or new source direct discharge point source subject to 2 or more of subchs. II through VIII shall achieve BOD5 and TSS discharges not exceeding the quantity or mass determined by multiplying the total OCPSF process wastewater flow subject to subchs. II to VIII times the following OCPSF production-proportioned concentration: For a specific facility, wx is the proportion of the facility's total OCPSF production in subcategory X. Then the facility-specific production-proportioned concentration limitations are given by: and
The "BOD5 LimitX" and "TSS LimitX" are the respective subcategorical BOD5 and the TSS maximum for any one day or maximum for monthly average limitations.
Wis. Admin. Code Department of Natural Resources NR 235.02
Cr. Register, March, 1997, No. 495, eff. 4-1-97.