Section NR 159.08 - Treatment and disposal A person that uses foam for testing purposes or that conducts treatment or disposal of foam that was used for testing purposes may employ on-site or off-site measures for treatment, disposal, or a combination of treatment and disposal for foam. When implemented, appropriate treatment measures render wastewater containing foam to no longer be subject to the prohibition on discharge to storm or sanitary sewer under s. 299.48(2), Stats. Treatment or disposal of foam used for testing purposes shall be conducted in a manner that prevents discharge of foam to the environment and shall meet all of the following requirements:
(1) TREATMENT. (a)Incineration or thermal destruction. Incineration or thermal destruction of foam shall be conducted at a temperature range and residence time sufficient to destroy PFAS while also ensuring the maximum degree of reduction in emission of PFAS, including elimination of emissions of PFAS when achievable. Prior to any person operating an incineration or thermal destruction treatment system under this subsection, a person shall submit documentation to the department that demonstrates the incineration or thermal destruction treatment system meets all of the requirements of this paragraph. Note: Any discharge of treated foam to a sanitary sewer requires the approval from the owner of the publicly owned treatment works and may be subject to additional limitations. Any discharge of treated foam to waters of the state, including a discharge of treated foam through a storm sewer, requires Wisconsin pollutant discharge elimination system permit coverage under ch. 283, Stats., and may be subject to the regulations promulgated under that chapter.
(b)Other treatment.1. 'Best available technology.' If treatment other than that specified in par. (a) is proposed, the treatment shall, at a minimum, satisfy all of the following design and operational standards: a. Treatment shall include preliminary treatment prior to granular activated carbon adsorption to remove compounds that may reduce adsorption capacity of granular activated carbon or interfere with PFAS removal. The preliminary treatment system may include clarifiers, bag filter units, clay filter units, or other similar treatment.b. Following preliminary treatment under subd. 1.a. and prior to granular activated carbon adsorption under subd. 1. c., the treatment shall include cloth filtration, ultrafiltration, or filtration of a finer pore size. c. Following filtration under subd. 1. b., the treatment shall include a minimum of 3 granular activated carbon adsorption units in series. Granular activated carbon adsorption units shall be optimized for PFAS removal. The granular activated carbon adsorption units shall have a cumulative minimum empty bed contact time of 30 minutes. The lead granular activated carbon adsorption unit's media shall be replaced at a frequency that allows for optimal PFAS removal but no less frequently than once per treatment of each 10,000 bed volumes. Following media replacement, the lead unit shall be moved to the lag unit position with each of the other units moved forward one position in the series. The granular activated carbon media shall be derived from bituminous coal unless the discharger utilizes a more frequent media replacement schedule appropriate for that media and receives approval under subd. 2. d. Treatment shall include at least one anion-exchange resin polishing unit to remove trace PFAS compounds.e. Sampling ports shall be provided immediately after each treatment unit, including between granular activated carbon adsorption units.f. If any sludges or solids are produced during any stages of treatment, they shall be solidified by mixing with cementitious materials or a comparable process prior to disposal at a licensed solid waste facility. Sludges or solids generated during the treatment process may not be disposed of via land application.2. 'Alternative treatment technology.' The department may, on a case-by-case basis, approve an alternative treatment technology to any of the treatment, design, and operation requirements under subd. 1., if the applicant can demonstrate that the proposed alternative treatment system will achieve treatment equivalent to or better than a system specified under subd.1. Requests for approval of alternative requirements shall be made in writing and accompanied by written justification including performance data from pilot installations if requested by the department. Note: Alternative treatment technologies may include solutions that improve upon the best available technology, existing alternative systems such as reverse osmosis with treatment of reject water, or modifications to the best available technology such as use of 2 granular activated carbon units with tailored operation and management plans to ensure prevention of breakthrough, or use of non-bituminous granular activated carbon media with an appropriately adjusted minimum empty bed contact time.
3. 'Treatment systems review.' Construction or modification of any treatment system subject to this paragraph requires plan review and approval prior to commencement of construction, in accordance with ch. NR 108 and s. 281.41, Stats.4. 'PFAS treatment.' Any treatment system subject to this paragraph shall be operated to minimize the level of PFAS substances in effluent, and a person operating a treatment system shall take actions under this subsection to maintain appropriate and effective foam treatment. Actions taken under this subsection shall be documented in writing, and that documentation shall be retained for at least 3 years and made available to the department upon request.(2) DISPOSAL. Appropriate foam disposal employed by a person shall comply with all of the following requirements: (a) Unless treated in accordance with sub. (1), PFAS in foam shall be effectively immobilized through solidification by mixing with cementitious materials or a comparable process prior to disposal. (b) Sludges or solids generated as a result of treatment and solidified in accordance with sub. (1) or foam managed in accordance with sub. (2) (a) in the state shall be disposed of at a licensed solid waste facility. Wis. Admin. Code Department of Natural Resources NR 159.08
Adopted by, EmR2045: emerg. cr., eff. 12-4-20; CR 21-073: cr. Register July 2022 No. 799, eff. 8/1/2022.