Chapter NR 102

NR 102.22(6) (6) “Maximum weekly average temperature” means the highest allowed arithmetic mean of all daily maximum temperatures during a calendar week, outside mixing zone allowed in this subchapter.

NR 102.22(7) (7) “mgd” means million gallons per day.

NR 102.22(8) (8) “Sub-lethal effects” means effects resulting in inadequate gonad development, gamete production and viability, spawning or growth.

NR 102.22 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 102.23 NR 102.23 Categories of standards applicable to temperature. The department shall establish water quality standards for temperature to protect the following:

NR 102.23(1) (1) Public health and welfare uses, as established in s. NR 102.04 (7) and (8).

NR 102.23(2) (2) Fish and other aquatic life uses as established in s. NR 102.04 (3). For exclusive purpose of the application of water quality standards for temperature, the warm water sport fish and warm water forage fish communities, as defined in s. NR 102.04 (3) (b) and (c), are treated together as warm water communities.

NR 102.23(3) (3) Great Lakes communities as defined in s. NR 102.22 (6). This use exists only for the regulation of discharges of heat.

NR 102.23 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 102.24 NR 102.24 General water quality criteria for temperature.

NR 102.24(1) (1) There may be no temperature changes that may adversely affect aquatic life.

NR 102.24(2) (2) Natural daily and seasonal temperature fluctuations shall be maintained.

NR 102.24 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 102.245 NR 102.245 Temperature criteria for limited aquatic life communities.

NR 102.245(1) (1) For the purposes of temperature criteria, all surface waters classified as diffused surface waters, wetlands and wastewater effluent channels, as defined in s. NR 104.02 (1), shall be characterized as limited aquatic life communities.

NR 102.245(2) (2) The department may, as appropriate, characterize other surface waters not identified in sub. (1) as limited aquatic life communities.

NR 102.245(3) (3) The temperature in waters classified as limited aquatic life shall be restricted as follows:

NR 102.245(3)(a) (a) Temperatures at any point in waters classified as wastewater effluent channels may not exceed 120°F.

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

(All values are expressed as degrees Fahrenheit)

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 ³ 200 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

(All values are expressed as degrees Fahrenheit)

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

(All values are expressed as degrees Fahrenheit)

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

(All values are expressed as degrees Fahrenheit)

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)(b)3. 3. Collected at any time since October 1987,

NR 102.26(1)(b)4. 4. Collected for at least 2 consecutive years.

NR 102.26(1)(c) (c) Calculated daily average temperatures from the data from par. (b).

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)(e) (e) All individual monthly averages organized by 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.