Section NR 106.99 - PFOS and PFOA minimization plans(1) GENERAL. A PFOS and PFOA minimization plan shall include similar types of goals and actions that are required for pollutant minimization programs under s. NR 106.04 (5). The plan shall be implemented in a manner that reduces PFOS and PFOA concentrations to the maximum extent practicable and shall include all of the following:(a) Identification of specific PFOS and PFOA source reduction activities to be undertaken and a relative timeline to implement those activities.(b) A list of PFOS and PFOA source reduction activities that have been implemented prior to submission of the plan, if any, and a description of how effective those activities were in reducing potential and actual PFOS or PFOA discharges, concentrations, or sources.(c) An explanation of how implementation of the PFOS and PFOA minimization plan will be documented, including measures such as the number of contacts of various types made, programs implemented, and other activities.(d) Steps to measure the effectiveness of the PFOS and PFOA minimization plan elements in reducing potential and actual PFOS and PFOA discharges. Where the permittee regularly monitors influent, effluent, sludge, or biosolids for PFOS and PFOA, measures shall include any changes in PFOS and PFOA concentrations over comparable historic data. When practicable, other measures or estimates of PFOS and PFOA reductions from programs such as PFOS and PFOA recycling, collection, or safe disposal may also be included.(2) MUNICIPAL DISCHARGER PLANS. In addition to the actions under sub. (1), for permitted municipal dischargers, a PFOS and PFOA minimization plan shall consist of all of the following elements: (a)Source identification. The permittee shall establish an inventory of treatment system users to identify dischargers to the municipal treatment system that may be significant sources of PFOS or PFOA. Note: The following types of users are examples of users that have the potential to be significant sources of PFOS or PFOA:
(a) Metal finishers that are using, or have used, PFAS-containing wetting agents, demisters, defoamers, or surfactants in their plating tanks; (b) Landfills that have accepted waste from metal finishers using hexavalent chromium or other industries associated with PFAS use, including tanneries, fabric or leather treaters, or paper manufacturers;(c) Contaminated sites discharging wastewater potentially containing PFAS, including those associated with firefighting foam, certain metal finishing wastes, or water- or stain-repellent treatment chemicals,(d) Centralized waste treatment facilities that accept any of the above wastewaters; and(e) Any other industrial users that use or have used PFAS products or raw materials.(b)Source monitoring. Once sources have been identified under par. (a), the permittee shall develop a monitoring plan to sample all probable sources of PFOS and PFOA, the sampling protocol that will be followed, and the timeline for completion. The monitoring plan shall include a schedule to conduct all sampling of identified probable sources of PFOS and PFOA within the first 24 months from the date the permit was modified or revoked and reissued to include the initial PFOS and PFOA minimization plan. Any plan developed for collecting PFOS and PFOA samples from the permittee's sewer system users may be independently implemented by the permittee, jointly by the permittee and others, or by another governmental unit. (c)Perform source monitoring. The permittee shall provide sample results from each probable source identified in the monitoring plan for PFOS and PFOA, using grab samples, and following recommended sampling protocols to prevent cross-contamination. Note: Permittees may refer to the Michigan Department of Environmental Quality's "Wastewater PFAS Sampling Guidance" for recommended sampling protocols and cross-contamination prevention measures. This document may be found through searching the Michigan Department of Environment, Great Lakes, and Energy website.
(d)Actions to reduce or eliminate PFOS and PFOA in permitted discharges. The plan shall identify PFOS and PFOA source reduction activities and measures to eliminate, reduce, or control sources to the maximum extent practicable. Note: An example of an action to eliminate, reduce, or control PFAS in permitted discharges is to update sewer use ordinances.
(e)Education and outreach. The plan shall include activities to educate the general public, industrial and commercial sewer system users, or other professionals about the ways to reduce the use of PFAS-containing products, proper disposal of PFAS-containing products, and other mitigation efforts.(f)Other activities. The plan may include activities that the department, in consultation with the permittee, determines to be appropriate for the individual permittee's circumstances.(3) PRIMARY AND SECONDARY INDUSTRY PLANS. In addition to the provisions under s. NR 106.99 (1), for primary and secondary industries, a PFOS and PFOA minimization plan shall consist of an evaluation of all of the following elements: (a) Source identification and inventory.(b) Improvement of operational controls or maintenance.(c) Substitution of raw materials or chemical additives with low or zero PFOS, PFOA, and PFOS and PFOA precursor alternatives.(d) Institution of alternative processes.(e) Clean-up of historical contamination.(f) Other activities that the department, in consultation with the permittee, determines to be appropriate for the individual permittee's circumstances.(4) REVIEWING AND APPROVING A PFOS AND PFOA MINIMIZATION PLAN. In reviewing the appropriate elements for a PFOS and PFOA minimization plan for municipal dischargers or primary and secondary industrial dischargers, the department shall consider all of the following:(a) The type and size of discharger.(b) The operations that generate the wastewater.(c) The concentrations of PFOS and PFOA in the effluent, influent, and biosolids or sludge, if applicable and available.(d) The costs of potential PFOS and PFOA minimization plan elements.(e) The environmental costs and benefits of the PFOS and PFOA minimization plan elements.(f) The characteristics of the community in which the discharger is located, if applicable.(g) The opportunities for material or product substitution.(h) The opportunities available for support from or cooperation with other organizations.(i) The actions the discharger has taken in the past to reduce PFOS or PFOA use or discharges.(j) Any other relevant information.(5) REVISIONS TO PLANS. Any revision to previously approved plans requires department approval.Wis. Admin. Code Department of Natural Resources NR 106.99
Adopted by, CR 21-083: cr. Register July 2022 No. 799, eff. 8/1/2022.