NR 106.33 History
History: 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 106.36
NR 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:
NR 106.36(2)(c)1.
1. Measure the pH of the whole effluent toxicity test effluent sample after the sample has been warmed to the test temperature.
NR 106.36 Note
Note: Effluent samples should not be aerated to remove supersaturation of dissolved oxygen prior to use in the whole effluent toxicity test. The measured pH value shall be rounded to the nearest one-tenth of a unit.
NR 106.36(2)(c)2.
2. Using the pH value of the sample as determined in subd.
1., determine the value of the ammonia multiplier in Table 1 for the pH range corresponding to the effluent pH.
NR 106.36(2)(c)3.
3. Divide 100 by the appropriate in-stream waste concentration, as a percentage, contained in the WPDES permit; then multiply the resulting value by the ammonia multiplier determined in subd.
2. to obtain the ammonia threshold number.
NR 106.36 History
History: CR 03-050: cr.
Register February 2004 No. 578, eff. 3-1-04;
CR 15-085: am. Table 1 (title), r. (4)
Register August 2016 No. 728, eff. 9-1-16.
NR 106.37(1)(1)
The department shall determine and specify a reasonable compliance schedule in the permit if the permittee is unable to meet the ammonia effluent limits determined according to this subchapter at the time of permit reissuance. The department shall establish the term of the compliance schedule on a case-by-case basis consistent with the requirements in s.
NR 106.117. When establishing a compliance schedule, the department shall consider factors such as necessary planning, complexity of wastewater treatment issues, scope of construction, equipment delivery time, and construction seasons in establishing a schedule. In no circumstance may the date of compliance with the limits extend more than 5 years after the date of permit reissuance.
NR 106.37(2)
(2) If the department modifies or reissues the permit to adjust ammonia limitations based on an approval of demonstrations made under either s.
NR 106.32 (2) (b) 2. or
(3) (a) 4. the department may adjust the compliance schedule if necessary and appropriate.
NR 106.37(4)
(4) Any point source discharge which was not authorized by a WPDES permit prior to March 1, 2004 may not be provided with a schedule of compliance for achieving ammonia limits, but rather shall meet the limits upon initiation of discharge. A point source discharge previously authorized by a WPDES permit but relocated in the same receiving water body may be allowed a schedule of compliance.
NR 106.37 History
History: CR 03-050: cr.
Register February 2004 No. 578, eff. 3-1-04;
CR 15-085: am. (1), r. and recr. (2), r. (3)
Register August 2016 No. 728, eff. 9-1-16.
NR 106.50
NR 106.50 Purpose. The purpose of this subchapter is to specify how the department will calculate water quality-based effluent limitations for temperature under s.
283.13 (5), Stats., and to specify how the department will determine when the limitations will be included in Wisconsin pollution discharge elimination system (WPDES) permits. Water quality-based effluent limitations for temperature are necessary to assure attainment and maintenance of surface water quality standards for temperature established in accordance with s.
281.15 (1), Stats., and set forth in subch.
II of ch. NR 102.
NR 106.50 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 106.51
NR 106.51 Applicability. This subchapter applies to point sources that discharge cooling water, non-contact cooling water, or other wastewater to surface waters of the state if the discharge contains an associated heat load or is elevated in temperature relative to the ambient temperature of the receiving water. The procedures for calculation of effluent limitations identified in this subchapter do not apply to storm water discharges. Effluent limitations determined under this subchapter supersede any temperature limitations listed in s.
NR 104.06 (2) (b).
NR 106.51 Note
Note: Section
283.11 (2) (b), Stats., states that rules concerning storm water discharges may be no more stringent than the requirements under the federal water pollution control act and regulations adopted under that act. Storm water pollution prevention plans may address thermal issues on a case-by-case basis.
NR 106.51 Note
Note: The department will use enforcement discretion whenever there are exceedances of effluent temperature limitations in a WPDES permit for an electric generating facility during an energy emergency warning or when an energy emergency event has been declared under a Federal Energy Regulatory Commission order (Standard EOP-002, North American Electric Reliability Corporation).
NR 106.51 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 106.52
NR 106.52 Definitions. In this subchapter, the following definitions are applicable to terms used:
NR 106.52(1)
(1) “Ambient temperature" means the typical existing temperature of a surface water outside the direct influence of any point source discharge, which may include daily and seasonal changes.
NR 106.52(2)
(2) “cfs" means cubic feet per second, usually pertaining to stream or effluent flow.
NR 106.52(3)
(3) “Cold shock" means exposure of aquatic organisms to a rapid decrease in temperature and a sustained exposure to low temperature that induces abnormal behavioral or physiological performance and may lead to death.
NR 106.52(4)
(4) “Daily maximum effluent temperature" means the highest temperature measured in a calendar day.
NR 106.52(5)
(5) “Daily maximum effluent temperature limitation" means the daily maximum effluent temperature limitation established in a permit.
NR 106.52(6)
(6) “mgd" means million gallons per day, usually pertaining to stream or effluent flow.
NR 106.52(7)
(7) “New facility" means any new point source facility or new point source discharge that commences operation after October 1, 2010.
NR 106.52(8)
(8) “Seven-day rolling average effluent flow" means the arithmetic average of the effluent flow measured on a particular day and the 6 preceding days within that calendar month.
NR 106.52(9)
(9) “Water quality standards" means applicable water quality standards set forth in chs.
NR 102 to
104, or any federally promulgated water quality standards applicable to surface waters of the state.
NR 106.52(10)
(10) “Weekly average effluent temperature" means the arithmetic mean of all daily maximum effluent temperature values recorded in a calendar week, Sunday through Saturday.
NR 106.52(11)
(11) “Weekly average effluent temperature limitation" means the maximum allowable weekly average temperature determined as the arithmetic mean of all daily maximum effluent temperature values recorded in a calendar week, Sunday through Saturday.
NR 106.52(12)
(12) “WPDES" or “WPDES permit" means Wisconsin pollutant discharge elimination system permit issued under ch.
283, Stats., but does not include storm water permits issued under s.
283.35, Stats.
NR 106.52(13)
(13) “WQBEL" means water quality-based effluent limitation.
NR 106.52 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 106.53
NR 106.53 Parameters used to establish water quality-based effluent limitations for temperature. NR 106.53(1)(1)
Receiving water flow rate (Qs). The value of receiving water flow rate (Q
s) used to determine effluent limitations for discharges to flowing waters shall be as follows:
NR 106.53(1)(a)
(a) Q
s shall equal
¼ of the average minimum 7-day flow which occurs once in 10 years (
¼ 7-day Q
10) or, if sufficient information is available to calculate a biologically based receiving water design flow,
¼ of the flow which prevents an excursion from the applicable water quality criteria using a duration of 4 days and a frequency of less than once every 3 years (
¼ 4-day, 3-year biological flow).
NR 106.53(1)(b)
(b) Q
s may be reduced from those values calculated in par.
(a) wherever natural receiving water flow is significantly altered by flow regulation or other types of water diversion structures.
NR 106.53(1)(c)
(c) The discharger shall be allowed to demonstrate, through appropriate and reasonable methods that an adequate passageway for movement of aquatic life 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 paragraph include water quality modeling or field dispersion studies.
NR 106.53(1)(d)
(d) Based upon the results of a demonstration submitted under par.
(c), Q
s may be modified from that specified in par.
(a) or
(b). A modified Q
s shall be determined on a case-by-case basis and shall be approved in writing by the department. Q
s may not exceed the larger of the 7-day Q
10 or the 4-day, 3-year biologically based design flow, except when a permit allows the use of real-time data for the determination of water quality based effluent limitations for temperature, as provided in s.
NR 106.54 (4).
NR 106.53(1)(e)
(e) The value of Q
s may not exceed that of par.
(a) if the department determines that the discharge has a potential to jeopardize the continued existence of any endangered or threatened species listed under ch.
NR 27 or section
7 of the federal Endangered Species Act,
16 USC 1536.
NR 106.53(2)
(2)
Effluent flow rate (Qe).
The value of effluent flow rate (Q
e) used to determine effluent temperature limitations shall be as follows:
NR 106.53(2)(a)1.
1. For discharges subject to ch.
NR 210 and which discharge for 24 hours per day on a year-round basis, Q
e shall equal the maximum effluent flow, expressed as a daily average, that is anticipated to occur for 12 continuous months during the design life of the treatment facility unless it is demonstrated to the department that such a design flow rate is not representative of projected flows at the facility.
NR 106.53(2)(a)2.
2. For all other dischargers not subject to ch.
NR 210, Q
e shall equal the maximum effluent flow, expressed as a daily average, that has occurred for 12 continuous months and represents normal operations.
NR 106.53(2)(a)3.
3. For seasonal discharges, discharges proportional to stream flow, or other unusual discharge, Q
e shall be determined on a case-by-case basis.
NR 106.53(2)(b)
(b) Acute temperature limitation. For purposes of determining acute temperature limitations pursuant to s.
NR 106.55 (6) (b), Q
ea shall be the highest daily maximum effluent flow rate, expressed as mgd, which has occurred for each calendar month of the year and represents normal operating conditions.
NR 106.53(2)(c)
(c) Sub-lethal temperature limitation. For purposes of determining sub-lethal temperature limitations pursuant to s.
NR 106.55 (6) (a), (Q
esl) shall be the highest 7-day rolling average effluent flow rate within a calendar month, expressed as mgd, which has occurred for each calendar month of the year and represents normal operating conditions.
NR 106.53(2)(d)
(d) Non-typical effluent flows. For purposes of determining effluent temperature limitations pursuant to s.
NR 106.55 (6) (a) and
(7), Q
ea and Q
esl may be determined on a case-by-case basis for seasonal discharges, discharges proportional to stream flow, or other unusual discharge situations.
NR 106.53 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 106.54
NR 106.54 Representative effluent temperature data. NR 106.54(1)(1)
The representative daily maximum effluent temperature is the highest effluent temperature known or expected to occur on any day under normal operating conditions at the time of permit issuance. Representative daily maximum effluent temperature shall be measured at a frequency of not less than once per week whenever a discharge occurs.
NR 106.54(2)
(2) The representative weekly average effluent temperature is the highest weekly average effluent temperature known or expected to occur under normal operating conditions at the time of permit issuance.
NR 106.54(3)
(3) The department may require a permittee to collect additional data if the department determines that the requirements of subs.
(1) and
(2) do not provide adequate data to document the operational variability of a discharge.
NR 106.54(4)
(4) A permittee may request, at the time of application for a WPDES permit, calculation of effluent temperature limitations to be included in a permit based on real-time data. Any permittee that makes such a request shall provide effluent flow, effluent temperature, receiving water flow, and receiving water temperature at a frequency no less than one result per hour that is representative of normal operating conditions, including variability.
NR 106.54 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 106.55
NR 106.55 Determination of water quality-based effluent limitations for temperature in WPDES permits. NR 106.55(1)(1)
General. The department shall determine water quality-based effluent limitations for temperature to attain and maintain water quality standards and criteria specified in or determined according to procedures in subch.
II of ch. NR 102.
NR 106.55(2)
(2)
Limitations for waters designated as limited aquatic life. The daily maximum effluent temperature limitation shall be 86
°F for discharges to surface waters classified as limited aquatic life according to s.
NR 104.02 (3) (b) 1. and as defined in s.
NR 104.02 (1), except for those classified as wastewater effluent channels and for wetlands regulated under ch.
NR 103.
NR 106.55(3)
(3)
Limitations for waters designated as wastewater effluent channels. The daily maximum effluent temperature limitation shall be 120
°F for discharges to surface waters classified as limited aquatic life wastewater effluent channels according to s.
NR 104.02 (3) (b) 1. and as defined in s.
NR 104.02 (1) (d).
NR 106.55(4)
(4)
Limitations for wetlands. Effluent temperature limitations shall be established for wetlands on a case-by-case basis to meet the water quality standards provided in ch.
NR 103, but in no case shall the effluent temperature limitation be greater than 120
°F.
NR 106.55(5)
(5)
Limitations for discharges to storm sewers. NR 106.55(5)(a)
(a)
General. A permittee may request, at time of permit application, an effluent limitation greater than the effluent temperature limitations required under subs.
(2) to
(4),
(6) or
(7) if the discharge is to a storm sewer or other storm water conveyance channel. The permittee may request that the higher effluent limitation be greater than 120
°F if the permittee is able to demonstrate to the satisfaction of the department that the heated effluent is not discharged in a manner that will cause a potential for scalding of humans. An effluent temperature limitation established under this subsection shall be determined according to the following equation:
Tss = Tdir + (HLV x (L/100))
NR 106.55(5)(b)
(b) Alternative heat loss value. An alternative heat loss value (HLV) may be used in the equation in par.
(a). The alternative value shall be representative of seasonal influences on heat loss and be based on a comparison of effluent temperature at the location of discharge to the storm sewer or storm water conveyance channel and the point at which the storm sewer or storm water conveyance channel discharges to a surface water of the state.
NR 106.55(5)(c)
(c) Site-specific information. The department may use available site-specific information to determine an alternative heat loss value or other data demonstrating the amount of heat loss in a storm sewer to establish an effluent temperature limitation for discharges to a storm sewer.
NR 106.55(6)
(6)
Limitations for receiving waters with unidirectional flow not designated as limited aquatic life. Except as provided in subs.
(2) to
(5), the department shall establish water quality-based effluent limitations to ensure that effluent is not discharged at elevated temperatures that may adversely affect humans or aquatic life at or near the point of discharge for discharges to surface waters with unidirectional flow.
NR 106.55(6)(a)
(a) Flow ratio categories. Effluent temperature limitations shall be established based upon the designated use of the water and the ratio of streamflow to effluent flow as determined in Table 1. Effluent flow shall be equal to the value specified in s.
NR 106.53 (2) (a).
NR 106.55(6)(b)
(b) Calculation of limitations. The methods described in this paragraph apply to the determination of both acute and sub-lethal effluent temperature limitations. Water quality-based effluent temperature limitations to meet the requirements of this subsection shall be determined using the following procedures:
WQBEL = [((WQC - Ta)(Qs + (1 - f)Qe)) / Qe] + T
a
NR 106.55(6)(c)
(c) Limitations for mussel control. Short-term excursions from the effluent temperature limitation determined in this subsection may occur for the purposes of zebra or other mussel control if approved by the department and authorized in a permit on a case-by-case basis.
NR 106.55(6)(d)
(d) More stringent limitations. The department shall establish more stringent effluent temperature limitations than those determined under the provisions of this subsection whenever it is demonstrated that the temperature of the discharge may cause or contribute to nonattainment of aquatic life uses and that more stringent limitations are necessary to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in or on the body of water into which the discharge is made. Effluent temperature limitations under this paragraph shall be established whenever one or more of the mixing zone requirements in s.
NR 102.05 (3), as they apply to temperature, are not maintained.
NR 106.55(7)
(7)
Limitations for inland lakes, impoundments and great lakes waters. The department shall establish water quality-based effluent limitations to ensure that the effluent is not discharged at elevated temperatures that may adversely affect humans or aquatic life at or near the point of discharge for discharges to surface waters that are inland lakes, impoundments, or Great Lakes waters that do not exhibit unidirectional flow.
NR 106.55(7)(a)
(a) Limitations for mussel control. Short-term excursions from the effluent temperature limitation determined in this subsection may occur for the purposes of zebra or other mussel control if approved by the department and authorized in a permit on a case-by-case basis.
NR 106.55(7)(b)
(b) Calculation of limitations. The methods described in this paragraph apply to the determination of both acute and sub-lethal effluent temperature limitations. Water quality-based effluent temperature limitations to meet the requirements of this subsection shall be determined using the following procedures:
WQBEL = [(WQC- Ta)/(e
-a)] + Ta
a = [(A)(54.7 + B(150))] / [(8,345,000)(Qe)]
Where:
