Section NR 211.33 - Certification of industrial user category(1) Within 60 days after the effective date of a categorical pretreatment standard for a subcategory under which an industrial user believes itself to be included, the industrial user may request the department to provide written certification that the industrial user does or does not fall within that particular subcategory. If an existing industrial user adds or changes a process or operation which may be included in a subcategory, the existing industrial user shall request this certification prior to commencing discharge from the added or changed process or operation. New sources desiring certification must request this certification prior to commencing discharge.(2) A POTW may file a request for certification under sub. (1) relating to an industrial user discharging into the POTW. Where a request for certification is submitted by a POTW, the POTW shall notify any affected industrial user of such submission. The industrial user may provide written comments on the POTW submission to the department within 30 days after the date of notification. (3) Each request for certification shall be submitted to the department and shall contain the following: (a) A statement describing which subcategories might be applicable;(b) Facts and reasons indicating why a particular subcategory is applicable and why others are not applicable; and(c) The certification statement contained in s. NR 211.15(10).(4) The department will act only on written requests for certification which contain all the information required. Persons who have made incomplete requests will be notified by the department that their requests are deficient and will be given at least 30 days to correct the deficiency. If the deficiency is not corrected within 30 days, or within an extended period allowed by the department, the request for certification shall be denied.(5) Upon receipt of a request for certification the department shall, after determining that it contains all of the information required in sub. (3), consider the request, any additional information that the department may have requested, and any other available information relevant to the request. The department shall make a written determination of the applicable subcategory and state the reasons for its determination. This determination shall be forwarded to EPA which will make the final determination. EPA may approve, disapprove, or revise and approve the department's determination. A copy of the final determination shall be sent to the applicant by the department.(6) The final determination shall apply only to the industry and to the facts that are presented at the time of the request for certification. Any changes in processes, raw materials, or other particulars may result in the invalidation of the certification.Wis. Admin. Code Department of Natural Resources § NR 211.33
Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (1), r. and recr. (3), Register, March, 1992, No. 435, eff. 4-1-92.