NR 106.32(3)(a)1.1. The applicable early life stages present ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations for all times of the year for all discharges to Class I and Class II trout waters, as identified by the department’s Wisconsin Trout Streams publication referenced in s. NR 102.04 (3) (a), and any additional Class I and Class II trout waters identified in ss. NR 102.10 (1) (d) and (e), and 102.11 (1) (b) and (c). NR 106.32(3)(a)2.2. The applicable early life stages present ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations for all discharges to all waters supporting warm water sport fish and warm water forage fish during the month of April or whenever the receiving water temperature, as determined in s. NR 106.32 (4), is greater than or equal to 14.6 degrees Celsius. NR 106.32 NoteNote: Effluent limitations are determined based on monthly average water temperatures determined from historical records. For many waters supporting warmwater fish species, the monthly average water temperature is 14.6 degrees Celsius or greater during the months of May through September.
NR 106.32(3)(a)3.3. Except as provided in subd. 4., the applicable early life stage absent ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations for all discharges to all waters supporting warm water sport fish and warm water forage fish whenever the receiving water temperature, as determined in s. NR 106.32 (4), is less than 14.6 degrees Celsius, but not including the month of April. NR 106.32(3)(a)4.4. The applicable early life stages present ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations applicable for the months of January, February, and March for all discharges to waters where the department determines that early life stages of burbot are present. NR 106.32 NoteNote: Burbot are not present in limited aquatic life streams, limited forage fish streams and small or shallow headwater streams and rivers.
NR 106.32(3)(a)4.a.a. Whenever the department determines that early life stage present ammonia criteria are applicable under this subdivision, the permittee may make a demonstration that the early life stages of burbot are not present at the discharge location and will not be affected by the discharge during the months of January and February. If the department grants approval for an alternative limitation based on results of this study, the department shall include the alternative limitation in a permit modification or reissuance provided antidegradation requirements in ch. NR 207 have been satisfied. NR 106.32(3)(a)4.b.b. If the permittee can demonstrate to the satisfaction of the department that the early life stages of burbot are not present at the discharge location and will not be affected by the discharge, the early life stage absent ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations that apply to the permittee and the department shall propose a permit modification to incorporate the limitations. If the permittee does not make a sufficient demonstration, the early life present ammonia criteria in s. NR 105 Table 4B shall apply. NR 106.32(3)(a)5.5. The applicable early life stages present ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations for the months of May through September for all discharges to waters designated in ch. NR 104 as limited forage fish waters. The early life stages absent ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations for the months of October through April for all discharges to waters designated in ch. NR 104 as limited forage fish waters. NR 106.32(3)(a)6.6. The applicable ammonia criteria in s. NR 105.05 Table 4B shall be used to calculate effluent limitations for all discharges to waters designated in ch. NR 104 as limited aquatic life waters. NR 106.32(3)(b)(b) Calculation of limits. Water quality based effluent limitations to meet the requirements of this subsection shall be calculated using the procedure specified in subd. 1. or 2., except as provided in s. NR 106.06 (6). NR 106.32(3)(b)1.1. For discharges of ammonia to flowing receiving waters, the water quality based effluent limitation shall be calculated using the following conservation of mass equation whenever the background concentration is less than the water quality criterion: Limitation = (CTC) (Qs + (1-f)Qe) - (Qs - fQe) (Cs)
Qe
Where:
Limitation = Water quality based effluent limitation (in units of mass per unit of volume)
CTC = The chronic toxicity criterion (concentration in units of mass per unit volume) as referenced in par. (a)
Qs = Receiving water design flow (in units of volume per unit time) as specified in par. (c)
Qe = Effluent flow (in units of volume per unit time) as specified in par. (d)
f = Fraction of the effluent flow that is withdrawn from the receiving water
Cs = Background concentration of ammonia (in units of mass per unit volume) as specified in par. (e)
NR 106.32 NoteNote: In applying this equation, all units for the flow and concentration parameters respectively shall be consistent.
NR 106.32(3)(b)2.2. For discharges of ammonia to receiving waters which do not exhibit a unidirectional flow at the point of discharge, such as lakes or impoundments, the department may calculate, in the absence of specific data, water quality based effluent limitations using the following equation whenever the background concentration is less than the water quality criterion: Limitation = 11 (CTC) - 10Cs
Where:
Limitation = Water quality based effluent limitation (in units of mass per unit of volume)
CTC = The chronic toxicity criterion (concentration in units of mass per unit volume) as referenced in par. (a)
Cs = Background concentration of ammonia (in units of mass per unit volume) as specified in par. (e)
NR 106.32(3)(b)3.3. On a case-by-case basis other dilutional factors may be used, but in no case may the dilution allowed exceed an area greater than the area where discharge induced mixing occurs. The discharge is also subject to the conditions specified in s. NR 102.05 (3). The permittee may be required to determine the size of the mixing zone using models or dye studies that are determined to be acceptable by the department. NR 106.32(3)(c)(c) Receiving water design flow (Qs). Subject to the application of the zone of passage factors in subd. 3. or 4., the value of Qs to be used in calculating the effluent limitation for discharges to flowing waters shall be determined using one of the approaches in subd. 1. or 2. NR 106.32(3)(c)1.1. To calculate limits based on 4-day chronic ammonia criteria, Qs shall equal the average minimum 7-day flow which occurs once in 10 years (7-day Q10) or, if sufficient information is available to calculate a biologically based receiving water design flow, the flow which prevents an excursion from the criterion using a duration of 4 days and a frequency of less than once every 3 years (4-day, 3-year biological flow). To calculate limits based on 30-day chronic ammonia criteria, Qs shall equal the average minimum 30-day flow which occurs once in 5 years (30-day Q5) or 85% of the average minimum 7-day flow which occurs once in 2 years (7-day Q2). NR 106.32(3)(c)2.2. If approved by the department, the value of Qs of the receiving water for calculating effluent limitations based upon the chronic toxicity criteria specified in s. NR 105.06 may be determined on a case-by-case basis, using historical flow data or real time data. Qs may be based on real-time streamflow data if the permittee demonstrates that modifications to effluent quality or quantity can be achieved in response to changing stream conditions. Appropriate modifications to effluent quality or quantity may include, but are not limited to, land application, storage, shutdown or reduction in ammonia feed rates. NR 106.32(3)(c)3.3. To provide for an adequate zone of passage, the value of Qs to be used in the equation in par. (b) 1. shall be determined by multiplying the applicable value from subd. 1. or 2. by the following zone of passage factors: NR 106.32(3)(c)3.a.a. 0.25 when the receiving water temperature is less than 11 degrees Celsius. NR 106.32(3)(c)3.b.b. 0.50 when the receiving water temperature is equal to or greater than 11 degrees Celsius and equal to or less than 16 degrees Celsius. NR 106.32(3)(c)3.c.c. 1.00 when the receiving water temperature is greater than 16 degrees Celsius. NR 106.32(3)(c)4.4. Based on the zone of passage or rapid dilution demonstration in this subdivision, the department may determine that alternative zone of passage factors to those provided in subd. 3. apply. The permittee may demonstrate, through appropriate and reasonable methods approved by the department, and by using information on the mixing and dilution characteristics of the discharge, that an adequate zone of free passage exists in the cross-section of the receiving water or that dilution is accomplished rapidly such that the extent of the mixing zone is minimized. In complex situations, the department may require that the demonstration under this subdivision include water quality modeling or field dispersion studies. NR 106.32(3)(c)5.5. The department may adjust Qs from the values in subd. 1. where natural receiving water flow is significantly altered by flow regulation. NR 106.32(3)(d)(d) Effluent flows (Qe). Effluent flows used in the calculation of ammonia limits shall be determined using the procedures in s. NR 106.06 (4) (d). NR 106.32(3)(e)(e) Background concentrations of ammonia (Cs). Background ammonia concentrations used in the calculation of ammonia limits shall be determined using the procedures in s. NR 106.06 (4) (e). NR 106.32(4)(4) Values for parameters which affect the limit. Effluent limitations for ammonia shall be based upon the effects of pH and temperature on the toxicity of ammonia. The department shall determine the value of the pH and temperature on a case-by-case basis as follows: NR 106.32(4)(a)1.1. The geometric mean of temperature and the arithmetic mean for pH in the receiving water shall be used to establish the chronic toxicity criteria for purposes of determining the effluent limitation for ammonia. Representative seasonal values of pH and temperature may be used. The pH and temperature determined under this subdivision may be modified to account for the mixture of the receiving and effluent flows when either of the following conditions occur: NR 106.32(4)(a)1.a.a. Whenever the value of the pH and temperature of the effluent as determined in par. (b) is significantly greater than or less than the value in the receiving water. NR 106.32(4)(a)1.b.b. Whenever, as a result of demonstrated or measured physical, chemical or biological reactions, the value of the pH and temperature, after mixing of the receiving water and the effluent, is significantly different than the respective background value of the pH and temperature in the receiving water. NR 106.32(4)(a)2.2. If information on the pH and temperature of the receiving water is not available, information on the quality of similar water bodies in the area and best professional judgment of the department may be used. NR 106.32(4)(b)1.1. The daily maximum effluent pH shall be used to calculate the daily maximum ammonia limit based on acute toxicity criteria and in any calculations under par. (a). NR 106.32(4)(b)2.2. If information on the effluent pH is not available, then values representative of similar effluents may be used. NR 106.32(4)(c)(c) A permittee may conduct an investigation to demonstrate that alternate values for the pH and temperature determined under pars. (a) and (b) should be used. The investigation shall be based on site-specific conditions and shall address all of the following: critical loading conditions; buffering capacity of the stream; whether pH changes persist long enough to allow decay of ammonia to non-toxic levels; the effect of seasonal variations; maintaining the pH at the edge of the chronic mixing zone within the range of 6.0 to 9.0; and separate analyses for chronic mixing zone and an acute zone of initial dilution. NR 106.32 NoteNote: It is suggested that the permittee submit a plan of study to the department prior to undertaking a demonstration under this paragraph.
NR 106.32(4)(d)(d) Real-time data. Effluent limitations may be established based on real-time effluent and stream data provided the permittee demonstrates that the real-time data can be collected, and the discharge can be controlled to attain the effluent limitations. Adjustment of effluent pH may be an appropriate modification for compliance with real-time daily maximum limits. Real-time stream data may not be used to calculate ammonia limits if the department determines that the discharge may affect the existence of any endangered or threatened species listed under ch. NR 27. NR 106.32(5)(5) Application of water quality based ammonia limitations in permits and monitoring. NR 106.32(5)(a)(a) Limitations based on acute toxicity criteria. Effluent limitations for ammonia that are established in permits based on the acute toxicity criteria in ch. NR 105 shall be expressed only as concentrations. NR 106.32(5)(b)(b) Limitations based on chronic toxicity criteria. Effluent limitations for ammonia that are established in permits based on the chronic toxicity criteria in ch. NR 105 shall be expressed as concentrations, except mass limits may also be included in a permit if there is more than one discharger of ammonia at a location or where the discharge is to an exceptional resource water designated under s. NR 102.11 or outstanding resource water designated under s. NR 102.10. If mass limits are determined to be necessary by the department, they shall be calculated using the procedure in s. NR 106.07 (2). NR 106.32(5)(c)(c) Maximum and average ammonia limitations. Effluent limitations based on acute toxicity criteria shall be expressed in permits as daily maximum limitations. Effluent limitations based on 4-day chronic toxicity criteria shall be expressed in permits as weekly average limitations. Effluent limitations based on 30-day chronic toxicity criteria shall be expressed in permits as monthly average limitations. NR 106.32(5)(d)(d) Monitoring frequency. The department shall determine on a case-by-case basis the monitoring frequency for ammonia to be required in a permit. NR 106.32 HistoryHistory: CR 03-050: cr. Register February 2004 No. 578, eff. 3-1-04; CR 15-085: am. (2) (b) (intro.), 2., cr. (2) (e), am. (3) (a) 4. a. Register August 2016 No. 728, eff. 9-1-16. NR 106.33NR 106.33 Determination of the necessity for water quality-based effluent limits for ammonia. NR 106.33(1)(a)(a) For a permitted discharge that is not already subject to an ammonia water quality-based effluent limitation, the procedures specified in s. NR 106.05 shall be used to determine if water quality-based effluent limitations for ammonia are necessary in a reissued permit. When application of the procedures in s. NR 106.05 results in a determination that ammonia effluent limits are not necessary in a permit, the permit holder shall continue to be operated in a manner that optimizes the removal of ammonia within the design capabilities of the wastewater treatment plant. The department may require that the permittee monitor ammonia at a frequency established on a case-by-case basis in its permit for the purpose of determining representative discharge levels. NR 106.33(1)(b)(b) If a permittee is subject to an ammonia limitation in an existing permit, the limitation shall be included in any reissued permit. Ammonia limitations shall be included in the permit if the permitted facility will be providing treatment for ammonia discharges. NR 106.33(2)(2) Permit limitations for continuous POTWs. The procedures for expressing limitations in permits in this subsection apply to continuous discharges subject to ch. NR 210 when there is reasonable potential under s. NR 106.05 to exceed an ammonia limitation. Both a weekly average and monthly average permit limitations shall be included in a permit for ammonia whenever any water quality-based effluent limitation for ammonia is determined necessary under sub. (1). A daily maximum limitation shall be included in permits in addition to weekly average and monthly average limitations if necessary under sub. (1). The department shall use all of the following procedures to include weekly average and monthly average limitations in permits: NR 106.33(2)(a)(a) If a daily maximum limitation is the only ammonia limitation determined necessary under sub. (1), a weekly average limitation shall be set equal to the WQBEL based on the 4-day chronic toxicity criteria calculated under s. NR 106.32 (3) or the daily maximum limitation, whichever is more restrictive. NR 106.33(2)(b)(b) If a weekly average ammonia limitation is determined necessary under sub. (1), and a monthly average limitation is not already determined necessary, a monthly average limitation shall be set equal to the WQBEL based on the 30-day chronic toxicity criteria calculated under s. NR 106.32 (3) or the weekly average limitation, whichever is more restrictive, except as provided under par. (c). NR 106.33(2)(c)(c) The department may on a case-by-case basis use an alternative methodology for calculating monthly average limitations whenever historical flow data or real time data are used to calculate weekly average limitations under s. NR 106.32 (3) (c) 2. and these limitations are determined to be necessary under sub. (1). NR 106.33(2)(d)(d) If a monthly average limitation is the only ammonia limitation determined to be necessary under sub. (1), weekly average limitations shall be set equal to the WQBEL based on the 4-day chronic toxicity criteria calculated under s. NR 106.32 (3) or a weekly average limitation calculated using the following procedure, whichever is more restrictive: Weekly Average Limitation = (Monthly Average Limitation x MF)
NR 106.33(3)(3) Permit limitations for other continuous discharges. The procedures for expressing limitations in this subsection apply to continuous discharges that are not subject to ch. NR 210 and when there is reasonable potential under s. NR 106.05 to exceed an ammonia limitation. Both a daily maximum and monthly average permit limitation shall be included in a permit for ammonia whenever any water quality-based effluent limitation for ammonia is determined necessary under s. NR 106.05. A weekly average limitation shall be included in permits in addition to a daily maximum and monthly average limitation if necessary under sub. (1). The department shall use all of the following procedures to include daily maximum and monthly average limitations in permits: NR 106.33(3)(a)(a) If a weekly average limitation is the only ammonia limitation determined necessary under sub. (1), a monthly average limitation shall be set equal to the WQBEL based on the 30-day chronic toxicity criteria or the weekly average limitation, whichever is more restrictive except as provided in par. (c). A daily maximum limitation shall also be included in the permit and set equal to the daily maximum ammonia WQBEL under s. NR 106.32 (2) or a daily maximum limitation calculated using the following procedure, whichever is more restrictive: Daily Maximum Limitation= Weekly Average Limitation x DMF
NR 106.33(3)(b)(b) If a daily maximum ammonia limitation is determined necessary under sub. (1), and a monthly average limitation is not already determined necessary, a monthly average limitation shall be set equal to the WQBEL based on the 30-day chronic toxicity criteria calculated according to s. NR 106.32 (3) or the daily maximum limitation, whichever is more restrictive, except as provided in par. (c). NR 106.33(3)(c)(c) The department may on a case-by-case basis use an alternative methodology for calculating daily maximum or monthly average limitations whenever historical flow data or real time data are used to calculate weekly average limitations under s. NR 106.32 (3) (c) 2. and these limitations are determined to be necessary under sub. (1). NR 106.33(3)(d)(d) If a monthly average limitation is determined necessary and a daily maximum limitation is not already determined necessary under sub. (1), a daily maximum limitation shall be set equal to the daily maximum ammonia WQBEL under s. NR 106.32 (2) or a daily maximum limitation calculated using the following procedure, whichever is more restrictive: Daily Maximum Limitation = (Monthly Average Limitation x MF)
NR 106.33(4)(4) Permit limitations for noncontinuous discharges. The department shall include ammonia water quality-based effluent permit limitations in permits for seasonal discharges, discharges proportional to stream flow, or other unusual discharge situations that do not meet the definition of a continuous discharge whenever ammonia water quality-based effluent limitations are determined necessary under sub. (1). Ammonia limitations shall be expressed in accordance with s. NR 106.32 (5) unless the department determines on a case-by-case basis that an alternative averaging period is appropriate. The department shall consider all of the following when making a case-by-case determination: NR 106.33(4)(d)(d) Whether ammonia is subject to a technology-based limitation or other limitation expressed by mass, concentration, or other appropriate measure in the permit. NR 106.33 HistoryHistory: CR 03-050: cr. Register February 2004 No. 578, eff. 3-1-04; CR 15-085: r. and recr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (a), (b), (d) made under s. 35.17, Stats., Register August 2016 No. 728. NR 106.36NR 106.36 Alternative whole effluent toxicity monitoring for certain discharges of ammonia. NR 106.36(1)(1) In addition to water quality based effluent limitations for ammonia, the department may establish whole effluent toxicity testing requirements and limitations pursuant to ss. NR 106.08 and 106.09. NR 106.36(2)(2) Chronic fathead minnow whole effluent toxicity test samples may be modified to remove ammonia prior to testing when all of the following conditions are met: NR 106.36(2)(a)(a) The whole effluent toxicity test is being conducted during a period when ammonia effluent limitations based on early life stage absent criteria are in effect. NR 106.36(2)(b)(b) The permittee has demonstrated compliance with applicable acute and chronic water quality based effluent limitations for ammonia during the testing period. NR 106.36(2)(c)(c) Total ammonia measured in whole effluent toxicity test effluent samples is less than the applicable chronic water quality based effluent limitation contained in the WPDES permit, but greater than the “ammonia threshold number”, determined as follows:
