Section 281.05. Modification of effluent limitations.

 

(1)  Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available may be modified in accordance with this section.

(2)  An individual discharger or other interested person may submit evidence to the department that factors relating to the equipment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally different from the factors considered in the establishment of the effluent limitations. On the basis of such evidence or other available information the department will make a written determination that such factors are or are not fundamentally different for that facility compared to those specified in the applicable sections of the EPA development document identified in sub. (3) . If such fundamentally different factors are found to exist, the department shall establish for the discharge effluent limitations in the WPDES permit either more or less stringent than the limitations in this chapter, to the extent dictated by such fundamentally different factors. Such limitations must be approved by EPA which may approve, disapprove, or specify other limitations.

(3)  The EPA development document for effluent limitations guidelines and new source performance standards, identified by subcategory title, by EPA document number, and by publication date, applicable in accordance with sub. (2) is: Oil Base Solvent Wash Subcategories of the Paint Formulating and the Ink Formulating Point Source Category, EPA 440/1-75/050-a, July 1975

(4)  Copies of the development document identified in sub. (3) are available for inspection at the office of the department of natural resources, the secretary of state's office, and the office of the legislative reference bureau, and may be obtained for personal use from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20460.

History: Cr. Register, June, 1977, No. 258 , eff. 7-1-77 ; correction made in (4) under s. 13. 92 (4) (b) 6., Stats., Register April 2013 No. 688 .