NR 102.245(3)(b)
(b) Temperatures at any point in waters classified as wetlands shall not exceed the standards in ch.
NR 103.
NR 102.245(3)(c)
(c) Temperatures at any point in waters not identified in par.
(a) or
(b) may not exceed 86
°F. Additionally, all conditions of ch.
NR 103 shall be met.
NR 102.245 Note
Note: The department recognizes there are legitimate concerns that not all wetlands and ephemeral streams are the biological equivalents of other limited aquatic life waters, and is in the process of re-evaluating the wetland and ephemeral stream classifications to determine if and when full fish and aquatic life conditions should be applied.
NR 102.245 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.25
NR 102.25 Ambient temperatures and water quality criteria for the protection of fish and other aquatic life. NR 102.25(1)(1)
General. In the absence of site-specific ambient temperature data or water quality criteria as determine in s.
NR 102.26 or
102.27, respectively, the applicable ambient temperatures, sub-lethal water quality criteria, and acute water quality criteria shall be as specified in subs.
(2) to
(5). For determinations made in subs.
(2) to
(5), all of the following conditions shall apply:
NR 102.25(1)(a)
(a) The ambient temperature, sub-lethal water quality criterion, and acute water quality criterion specified for any calendar month shall be applied simultaneously to establish the protection needed for each identified fish and other aquatic life use.
NR 102.25(1)(b)
(b) Sub-lethal water quality criteria are to be applied as maximum weekly average temperatures.
NR 102.25(1)(c)
(c) Acute water quality criteria are to be applied as daily maximum temperatures.
NR 102.25(1)(d)
(d) Water quality criteria for temperature shall be applied in accordance with the mixing zone provisions of s.
NR 102.05 (3).
NR 102.25(1)(e)
(e) Final acute and sub-lethal water quality criteria for temperature specified in or developed pursuant to ss.
NR 102.24 to
102.26 shall not be exceeded at any point outside the mixing zone. Additionally, site-specific mixing zone studies may be required when deemed appropriate by the department.
NR 102.25(2)
(2) Non-specific waters. The values listed in Table 2 shall be the applicable ambient temperatures, sub-lethal and acute water quality criteria for temperature for the protection of fish and aquatic life unless other values specified in subs.
(3) to
(5) are applicable or approved by the department pursuant to s.
NR 102.26 or
102.27.
Table 2
Ambient Temperatures and Water Quality Criteria for Temperature for Non-Specific Waters
1 Ta = ambient temperature
2 SL = sub-lethal criteria
3 A = acute criteria
4 Cold = waters with a fish and aquatic life use designation of “cold water community"
5 Warm - Large = waters with a fish and aquatic life use designation of “warm water sport fish community" or “warm water forage fish community" and
unidirectional 7Q10 flows ≥ 200 cfs (129 mgd)
6 Warm - Small = waters with a fish and aquatic life use designation of “warm sport fish community" or “warm water forage fish community “and uni-
directional 7Q10 flows < 200 cfs (129 mgd)
7 LFF = waters with a fish and aquatic life use designation of “limited forage fish community"
NR 102.25(3)
(3) Specific large rivers. The values listed in Table 3 shall be the applicable ambient temperatures, sub-lethal and acute water quality criteria for temperature for the protection of fish and aquatic life for the identified water segments unless other values are approved by the department pursuant to s.
NR 102.26 or
102.27.
Table 3
Ambient Temperatures and Water Quality Criteria for Temperature for Specific Large Rivers
1 Ta = ambient temperature
2 SL = sub-lethal criteria
3 A = acute criteria
4 Mississippi River = applies to any portion of Wisconsin's Mississippi River reach
5 Rock River = applies to waters downstream of Lake Koshkonong
6 Upper Wisconsin River = applies to waters upstream of Petenwell Dam
7 Lower Wisconsin River = applies to waters downstream of Petenwell Dam to the confluence with the Mississippi River
8 Lower Fox River = applies to waters downstream of the Lake Winnebago outlet
NR 102.25(4)
(4) Inland lakes and impoundments. The values listed in Table 4 shall be the applicable ambient temperatures, sub-lethal and acute water quality criteria for temperature for the protection of fish and aquatic life for inland lakes and impoundments unless other values are approved by the department pursuant to s.
NR 102.26 or
102.27.
Table 4
Ambient Temperatures and Water Quality Criteria for Temperature for Inland Lakes and Impoundments
1 Ta = ambient temperature
2 SL = sub-lethal criteria
3 A = acute criteria
4 Northern = applicable for those lakes and impoundments north of State Highway 10
5 Southern = applicable for those lakes and impoundments south of State Highway 10
NR 102.25(5)
(5) Great lakes waters. The values listed in Table 5 shall be the applicable ambient temperatures, sub-lethal and acute water quality criteria for the protection of fish and aquatic life for Great Lakes waters identified in s.
NR 102.22 (5) unless other values are approved by the department pursuant to s.
NR 102.26 or
102.27.
Table 5
Ambient Temperatures and Water Quality Criteria for Temperature for Great Lakes Waters of Wisconsin
1 Ta = ambient temperature
2 SL = sub-lethal criteria
3 A = acute criteria
4 Southern Green Bay = waters south of the Brown County line to the Fox River mouth
5 Northern Green Bay = waters north of the Brown County line to the northernmost point on Washington Island
6 Northern Lake Michigan = waters north of the Milwaukee River mouth (downtown Milwaukee)
7 Southern Lake Michigan = waters south of the Milwaukee River mouth (downtown Milwaukee)
8 Lake Superior = waters in Lake Superior except those in Chequamegon Bay
9 Chequamegon Bay = waters within the region enclosed by Chequamegon Point and a straight line west to the mainland
NR 102.25 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.26
NR 102.26 Site-specific ambient temperatures. NR 102.26(1)(1)
Development of site-specific ambient temperatures. An owner or operator of a facility with a discharge subject to regulation under this chapter may submit a request to the department for the determination of a site-specific ambient temperature. The department may approve, disapprove or approve with modifications the request for the site-specific ambient temperature. The request for site-specific ambient temperatures shall include all of the following:
NR 102.26(1)(a)
(a) A demonstration that the data used to derive the ambient temperatures in s.
NR 102.25 do not apply to the specific water segment or body in question.
NR 102.26(1)(b)
(b) Site-specific water temperature that represents the ambient temperature of the site. For purposes of this paragraph, data must be:
NR 102.26(1)(b)1.
1. Collected daily using a continuous recorder or similar device that takes measurements at least hourly, except as follows:
NR 102.26(1)(b)1.a.
a. Monthly data sets may be missing no more than 10 days of temperature data for the months of December through February,
NR 102.26(1)(b)1.b.
b. Monthly data sets may be missing no more than 5 days of temperature data for the months of March through November.
NR 102.26(1)(b)2.
2. Collected for each month in which the request for site-specific ambient temperatures is requested,
NR 102.26(1)(d)
(d) Calculated monthly average temperatures from the daily average temperatures in par.
(c) for each individual month that data has been collected. Alternatively, calculated monthly average temperatures directly from the data from par.
(b) for each individual month.
NR 102.26(1)(f)
(f) A determination of the monthly site-specific ambient temperatures by calculating the geometric mean of all monthly averages for each given month.
NR 102.26(1)(g)
(g) Alternative methods for developing site-specific ambient temperatures, if the department approves the method as representative of ambient temperatures as those in pars.
(a) to
(d).
NR 102.26(2)
(2) Use of site-specific ambient temperatures to establish acute criteria. Once site-specific ambient temperatures have been approved by the department in accordance with sub.
(1), the acute water quality criteria listed in Table 6 will be applicable for the protection of fish and other aquatic life.
NR 102.26(3)
(3) Use of site-specific ambient temperatures to establish sub-lethal criteria. Once site-specific ambient temperatures have been approved by the department in accordance with sub.
(1), the sub-lethal water quality criteria applicable for the protection of fish and other aquatic life shall be calculated as follows:
NR 102.26(3)(a)
(a) Use Table 7 to determine the appropriate sub-lethal criteria for the fish and other aquatic life use.
NR 102.26(3)(b)1.
1. If a sub-lethal criterion from par.
(a) is less than the site-specific ambient temperature from sub.
(1) for a given month, increase the sub-lethal criterion to be equal with the site-specific ambient temperature.
NR 102.26(3)(b)2.
2. If a sub-lethal criterion from par.
(a) is greater than an acute criterion for a given month from sub.
(2) decrease the sub-lethal criterion to be equal with the acute criterion.
NR 102.26(3)(c)
(c) Perform a fifth order polynomial regression of the 12 monthly sub-lethal criteria resulting from par.
(b). Using the resulting equation of the regression, calculate the final sub-lethal criteria for each month by replacing the “x" variables in the equation with a numeric representation for each month, where January “x" = 1, for February “x" = 2,
… and for December “x" = 12.
NR 102.26(3)(d)
(d) The final sub-lethal criteria from par.
(c) shall be used in combination with the site-specific ambient temperatures developed in sub.
(1) and the acute criteria determined in sub.
(2).
Table 6
Acute Criteria Across All Ambient Temperatures
1 Ta = ambient temperature
2 Cold = waters with a fish and other aquatic life use designation of “cold water community"
3 Warm = waters with a fish and other aquatic life use designation of “warm water sport fish community" or “warm water forage fish community"
4 LFF = waters with a designation of “limited forage fish community"
5 N Lake = applicable for those lakes north of State Highway 10
6 S Lake = applicable for those lakes south of State Highway 10
