(1) If a preventive action limit or an
enforcement standard for a substance listed in Table 1 or 2, an alternative
concentration limit issued in accordance with s.
NR 140.28 or a preventive action limit for an indicator
parameter established according to s.
NR 140.20(2) is attained or exceeded at
a point of standards application:
(a) The
owner or operator of the facility, practice or activity at which a standard is
attained or exceeded shall notify the appropriate regulatory agency that a
standard has been attained or exceeded; and
(b) The regulatory agency shall require a
response in accordance with the rules promulgated under s.
160.21,
Stats. No response shall be required if it is demonstrated to the satisfaction
of the appropriate regulatory agency that a scientifically valid determination
cannot be made that the preventive action limit or enforcement standard for a
substance in Table 1 or 2 has been attained or exceeded based on consideration
of sampling procedures or laboratory precision and accuracy, at a significance
level of 0.05.
(2) The
regulatory agency shall use one or more valid statistical procedures to
determine if a change in the concentration of a substance has occurred. A
significance level of 0.05 shall be used for all tests.
(3) In addition to sub. (2), the following
applies when a preventive action limit or enforcement standard is equal to or
less than the limit of quantitation:
(a) If a
substance is not detected in a sample, the regulatory agency may not consider
the preventive action limit or enforcement standard to have been attained or
exceeded.
(b) If the preventive
action limit or enforcement standard is less than the limit of detection, and
the concentration of a substance is reported between the limit of detection and
the limit of quantitation, the regulatory agency shall consider the preventive
action limit or enforcement standard to be attained or exceeded only if:
1. The substance has been analytically
confirmed to be present in the same sample using an equivalently sensitive
analytical method or the same analytical method, and
2. The substance has been statistically
confirmed to be present above the preventive action limit or enforcement
standard, determined by an appropriate statistical test with sufficient samples
at a significance level of 0.05.
(c) If the preventive action limit or
enforcement standard is between the limit of detection and the limit of
quantitation, the regulatory agency shall consider the preventive action limit
or enforcement standard to be attained or exceeded if the concentration of a
substance is reported at or above the limit of quantitation.
