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
7 SGB = Green Bay waters south of the Brown County line to the Fox River mouth
8 NGB = Green Bay waters north of the Brown County line to the northernmost point on Washington Island
9 NLKMI = Lake Michigan waters north of the Milwaukee River mouth (downtown Milwaukee)
10 SLKMI = Lake Michigan waters south of the Milwaukee River mouth (downtown Milwaukee)
11 LKSUP = waters in Lake Superior except those in Chequamegon Bay
12 CB = Chequamegon Bay waters within the region enclosed by Chequamegon Point and a straight line west to the mainland
Table 7
Raw Monthly Sub-Lethal Criteria for Use In Determining Final Sub-Lethal Criteria
with Site-Specific Ambient Temperatures
C = Cold = waters with a fish and other aquatic life use designation of “cold water community"
W-L = Warm -Large = waters with a fish and other aquatic life use designation of “warm water sport fish community" or “warm water forage fish community" and
unidirectional 7Q10 flows ≥ 200 cfs (129 mgd)
W-S = Warm - Small = waters with a fish and other aquatic life use designation of “warm water sport fish community" or “warm water forage fish community" and
unidirectional 7Q10 flows < 200 cfs (129 mgd)
LFF = waters with a designation of “limited forage fish community"
NIL = Northern Inland Lakes = applicable for those lakes north of State Highway 10
SIL = Southern Inland Lakes = applicable for those lakes south of State Highway 10
MR = Mississippi River = applies to any portion of Wisconsin's Mississippi River reach
RR = Rock River = applies to waters downstream of Lake Koshkonong
UWR = Upper Wisconsin River = applies to waters upstream of Petenwell Dam
LWR = Lower Wisconsin River = applies to waters downstream of Petenwell Dam to the confluence with the Mississippi River
LFR = Lower Fox River = applies to waters downstream of the Lake Winnebago outlet
SGB = Green Bay waters south of the Brown County line to the Fox River mouth
NGB = Green Bay waters north of the Brown County line to the northernmost point on Washington Island
SLM = Lake Michigan waters south of the Milwaukee River mouth (downtown Milwaukee)
NLM = Lake Michigan waters north of the Milwaukee River mouth (downtown Milwaukee)
LS = Lake Superior = waters in Lake Superior except those in Chequamegon Bay
CB = Chequamegon Bay = waters within the region enclosed by Chequamegon Point and a straight line west to the mainland
NR 102.26 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10; renumbering of (1) (b) 1. a. and b. made under s.
13.92 (4) (b) 1., Stats.,
Register September 2010 No. 657.
NR 102.27
NR 102.27 Site-specific water quality criteria. NR 102.27(1)(1)
General. A water quality criterion developed pursuant to this subchapter may be modified by the department for a particular surface water segment or waterbody. The site-specific water quality criterion shall only be applicable to the identified surface water segment or body. The development of a site-specific water quality criterion shall include all of the following:
NR 102.27(1)(a)
(a) Information showing data used to derive the water quality criterion do not apply to the specific water segment or body.
NR 102.27(1)(b)
(b) Consideration of the guidance provided in Chapter 3.7 of the Water Quality Standards Handbook, Second Edition, U.S. EPA, 8/15/1994.
NR 102.27(1)(c)
(c) Information showing the site-specific water quality criterion is consistent with the guidelines provided in sub.
(2).
NR 102.27(1)(d)
(d) Any additional information necessary to derive site-specific water quality criterion.
NR 102.27 Note
Note: Site-specific water quality criteria are subject to U.S. Environmental Protection Agency approval under federal regulations.
NR 102.27(2)
(2) Site-specific water quality criteria development. NR 102.27(2)(a)(a) The department may promulgate site-specific water quality criteria for temperature when it determines that the data used to derive the water quality criteria published in this subchapter do not apply to the specific water segment or body in question. In making the determination, the same approach used to develop the water quality criteria in s.
NR 102.25 may be used to develop site-specific water quality criteria by recalculating the water quality criteria based upon the actual species that are associated with the specific site.
NR 102.27(2)(b)
(b) Alternative methods for developing site-specific water quality criteria may be used if it is determined that those alternative methods will protect against sub-lethal and acute impacts in the fish and aquatic life community of a specific site.
NR 102.27(2)(c)
(c) A water quality criterion developed via alternative methods shall be reviewed by the department and shall be adopted as a rule under this chapter before it can be applied on a site-specific basis.
NR 102.27(3)
(3) Any water quality criterion modified for site-specific conditions shall be promulgated by the department and approved by the U.S. Environmental Protection Agency before it is applied on a site-specific basis.
NR 102.27 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.28
NR 102.28 Cold shock standard. Water temperatures of discharges shall be controlled in a manner as to protect fish and aquatic life uses from the deleterious effects of cold shock.
NR 102.28 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.29
NR 102.29 Rate of temperature change standard. Temperature of a water of the state or a discharge to a water of the state may not be artificially raised or lowered at such a rate that it causes detrimental health or reproductive effects to fish or aquatic life of the water of the state.
NR 102.29 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.30
NR 102.30 Variances to water quality standards for temperature. The provisions of ss.
283.15 and
283.17, Stats., are applicable to the water quality standards in this subchapter.
NR 102.30 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.50
NR 102.50 Waterbody assessments and reporting. As required under sections 303 (d) and 305 (b) of the Clean Water Act,
33 USC 1313 (d) and
1315 (b), the department shall report to U.S. EPA on the status of the state's waterbodies and attainment of water quality standards every two years. Waterbody assessments are used to determine the condition of the state's surface waters or segments thereof and whether waterbodies are attaining state and federal surface water quality standards.
NR 102.50 History
History: CR 19-094: cr.
Register September 2022 No. 801, eff. 10-1-22.
NR 102.51
NR 102.51 Assessment types. The department may conduct different types of assessments to determine the status of waterbody health and attainment of water quality standards, depending on availability of data or methods used to collect the data. The department shall, at a minimum, conduct all of the following:
NR 102.51(1)
(1)
Statewide condition assessments. As part of the biennial assessment report required under section 305 (b) of the Clean Water Act,
33 USC 1315 (b), and
40 CFR 130.8 and
130.10 (a) (1), the department shall report on water quality status and trends at the state, regional, or watershed levels. The department shall assess the extent to which surface waters of the state provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water. Broad-scale approaches may be used to conduct these assessments, including randomized monitoring designs or other appropriate statistical methods.
NR 102.51(2)
(2)
Individual waterbody assessments and section 303 (d) list. NR 102.51(2)(a)(a) The department shall identify and report on waters not meeting any applicable water quality standard prescribed under statute or a promulgated rule,
pursuant to section 303 (d) of the Clean Water Act,
33 USC 1313 (d), and
40 CFR 130.7 (b) and
130.10 (b) (2). The department shall assess individual waterbodies that have sufficient and readily available datasets, as specified in the department's water quality standards and assessment protocols, to determine whether a waterbody is attaining water quality standards. The department determines whether a waterbody's designated uses are supported by evaluating attainment of its water quality criteria and biological assessment thresholds. The department shall assess data collected from a waterbody against each applicable water quality standard or assessment threshold independently, unless a combined assessment procedure is specified in rule. The department shall report any waters not attaining applicable water quality standards to the U.S. EPA. Only water quality standards that have been promulgated via statute or rule may be considered for the purposes of listing a waterbody on the section 303 (d) list.
NR 102.51(2)(b)
(b) When the department submits the section 305 (b) biennial assessment report and section 303 (d) list, it shall provide all of the following information if an assessment indicates that one or more of a waterbody's water quality standards are not attained:
NR 102.51(2)(b)1.
1. A waterbody is listed on the section 303 (d) list for a pollutant if a pollutant's water quality criterion is not attained and it may require a total maximum daily load analysis.
NR 102.51(2)(b)2.
2. A waterbody is reported as having an observed effect of degradation if the waterbody does not attain one or more biological assessment thresholds or water quality criteria for parameters that are not pollutants, such as dissolved oxygen. In listing observed effects, the department may not formally attribute these effects to a specific pollutant until the department conducts an evaluation of potential causes, including nonchemical stressors such as habitat degradation or hydrological modification, and identifies one or more specific pollutants as causing or contributing to biological degradation.
Listing of observed effects would not require development of a total daily maximum load for a waterbody unless a specific pollutant exceeding its promulgated water quality standard is identified by the department as a cause of the observed effect.
NR 102.51 Note
Note: If a waterbody is not attaining water quality criteria for a pollutant, it will be listed on the section 303 (d) list regardless of attainment of biological assessment thresholds unless otherwise specified in the pollutant's criteria or procedures specified in those chapters (for instance, the combined assessment approach for phosphorus under s.
NR 102.60), or if site-specific criteria are developed and attained.
NR 102.51 Note
Note: This subsection does not preclude other types of assessments that may be needed or required for other purposes. The department has authority to research and assess the quality and condition of the state's waters under s.
281.13, Stats.
NR 102.51 Note
Note: As required under
40 CFR 130.7 (b) (4), waters on the section 303 (d) list may require a total maximum daily load analysis. The department prioritizes and develops total maximum daily load analyses as discussed in subch.
III of ch. NR 212. In addition, if a specific pollutant is identified as contributing to biological degradation, a site-specific criterion for the pollutant may be developed through rulemaking if appropriate.
NR 102.51 History
History: CR 19-094: cr.
Register September 2022 No. 801, eff. 10-1-22.
NR 102.52(1)
(1)
General. The department's protocols for assessing waterbodies shall be consistent with the state's water quality standards and federal regulations and be based on relevant scientific information. The department's protocols may include components such as minimum data requirements, sampling methods, quality control, statistical analysis of data, allowable frequency of exceedance of criteria or thresholds, and use of professional judgment.
NR 102.52 Note
Note: When assessing waterbodies, the department uses its guidance for waterbody assessments titled “Wisconsin Consolidated Assessment and Listing Methodology,” or WisCALM. Although a description of the state's assessment methodology is required to be submitted to U.S. EPA, U.S. EPA does not approve or disapprove the state's assessment methodology under section 303 (d) of the Clean Water Act.
NR 102.52(2)
(2)
Sample variability and confidence intervals. NR 102.52(2)(a)
(a) For assessment determinations, the department may determine that multiple samples are necessary to account for variability inherent in the waterbody, sampling results, or other conditions. The department may evaluate attainment of criteria or thresholds, using assessment methodology that accounts for both the central tendency of the data, such as the mean or median, and the variability of the samples.
NR 102.52(2)(b)
(b) The department may apply a confidence interval approach to determine the number of samples needed and to increase certainty in the attainment decision. For metrics expressed as a mean or percentile of a group of samples, the department may use the two-sided 80
percent confidence interval of the mean or percentile for assessment. Other methods of calculating a confidence interval may be applied as appropriate for a specific metric, data type, or statistical goal. Once the confidence interval is determined under this paragraph, it is then compared to the criterion or threshold as specified in par.
(c).
NR 102.52(2)(c)
(c) When applying an approach under par.
(b), the department shall compare the confidence interval to the applicable criterion or threshold using one of the following evaluation criteria:
NR 102.52(2)(c)1.
1. If the entire confidence interval is attaining the criterion or threshold, no further samples are needed to make the attainment determination.
NR 102.52(2)(c)2.
2. If the entire confidence interval is not attaining the criterion or threshold, no further samples are needed to make the non-attainment determination.
NR 102.52(2)(c)3.
3. If the criterion or threshold is within the confidence interval, the assessment will be deferred until more data can be collected with the goal of narrowing the interval to determine whether subd.
1. or
2. applies. After further data collection, if the criterion or threshold continues to be within the confidence interval, the attainment determination shall be made by directly comparing the sample mean or percentile to the criterion or threshold.
