Section NR 106.985 - PFOS and PFOA minimization plans, permit implementation procedures schedule(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.(3) MAINTENANCE OF PFOS AND PFOA EFFLUENT QUALITY. If implementation of the PFOS and PFOA minimization plan reduces or eliminates the discharge of PFOS and PFOA to a level where the permitted discharge no longer 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., the permittee shall maintain effluent quality below the standards. The department may require continued monitoring of PFOS and PFOA and may include requirements in a permit to ensure maintenance of effluent quality.Wis. Admin. Code Department of Natural Resources § NR 106.985
Adopted by, CR 21-083: cr. Register July 2022 No. 799, eff. 8/1/2022.