Table 7
Raw Monthly Sub-Lethal Criteria for Use In Determining Final Sub-Lethal Criteria
with Site-Specific Ambient Temperatures
(All values are expressed as degrees Fahrenheit)
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 ³ 200 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 HistoryHistory: 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 102.27NR 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 NoteNote: 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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.28NR 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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.29NR 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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.30NR 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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.50NR 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 HistoryHistory: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22. NR 102.51NR 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 NoteNote: 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. NR 102.52 NoteNote: With confidence intervals calculated under par. (b), there is 90 percent confidence that the attainment decision is correct because there is 80 percent confidence that the waterbody’s true value is within the interval, 10 percent confidence that it is greater than the interval, and 10 percent confidence that it is less than the interval.
NR 102.52 HistoryHistory: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22. NR 102.53NR 102.53 Reporting, public participation, and approvals. NR 102.53(1)(1) Report development. For development of the biennial assessment report and section 303 (d) list, the department shall assemble, evaluate, and submit water quality-related data, information, and assessment protocols to U.S. EPA. NR 102.53(2)(a)(a) The department shall solicit assessment data from citizens and partner groups prior to the waterbody assessment process. Readily available data sets that meet minimum data requirements and are submitted in the department’s specified format during the biennial data solicitation period shall be considered by the department when conducting assessments. NR 102.53(2)(b)(b) The department shall hold a public informational hearing and a public comment period of at least 30 days on the draft list of assessments and any proposed changes to the section 303 (d) list. The department shall provide notice of the public informational hearing and information regarding where written comments may be submitted on its website and through an electronic notification system. NR 102.53 NoteNote: Prior to the data solicitation period under par. (a), the department provides an opportunity for the public to comment on the assessment guidance. The department generally responds to comments received during the comment periods for the assessment guidance and the draft section 303 (d) list. The department will provide a template for data submittal on the department’s waterbody assessment website. The public can subscribe to the electronic notification system for the water quality standards program on the department’s home page at http://dnr.wi.gov/. NR 102.53(3)(3) Submittal of results to U.S. EPA. After the public participation process is completed, the department shall submit waterbody assessment results to U.S. EPA Region 5 by April 1 of every even numbered year for approval. Assessment results shall be submitted in a report that integrates both statewide condition and individual waterbody assessment results to satisfy the requirements of sections 305 (b) and 303 (d) of the Clean Water Act, respectively. NR 102.53 NoteNote: U.S. EPA has authority to approve or disapprove the section 303 (d) list.
NR 102.53(4)(4) Publication of the final section 303 (d) list. The U.S. EPA-approved section 303 (d) list shall be made public and available on the department’s website. NR 102.53 HistoryHistory: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22. NR 102.54NR 102.54 Biological assessment of designated uses. Biological assessments conducted under this subchapter are used to determine attainment of designated uses by documenting the health of aquatic biological communities and any observed effects of degradation as described under s. NR 102.51 (2) (b) 2. If a biological assessment threshold under this subchapter is not attained, the waterbody may be considered as not attaining the applicable designated use. NR 102.54 HistoryHistory: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22. NR 102.55NR 102.55 Narrative biological assessment thresholds for aquatic life uses. NR 102.55(1)(1) General. This section establishes narrative biological assessment thresholds that characterize the biological community condition and that are used to measure attainment of aquatic life designated uses specified in s. NR 102.04 (3) for surface waters. This section also establishes methods for evaluating attainment of narrative assessment thresholds. NR 102.55(2)(a)(a) The aquatic life uses under s. NR 102.04 (3), except for those specified in s. NR 102.04 (3) (d) to (e), shall be considered suitable for the protection and propagation of a balanced aquatic life community. Those uses are intended to support the growth, development, reproduction, and life cycle of the aquatic life communities for their designated aquatic life use categories, although such waters may exhibit moderate changes in aquatic life community structure due to loss of some rare native taxa or shifts in relative abundance. In determining attainment of a waterbody’s designated uses, the department may compare its biological quality to the range of quality found in similar waterbodies under natural conditions. A waterbody with distinct natural characteristics that result in an aquatic life community different from or less diverse than other waters in the same use category may be considered attaining its aquatic life use if those differences are clearly related to natural characteristics. NR 102.55(2)(b)(b) A surface water that does not support a balanced aquatic life community as designated under s. NR 102.04 (3) (d) to (e) shall support its highest attainable use given its habitat and potential. NR 102.55(2)(c)(c) A surface water shall maintain at least the highest biological condition it has achieved since 1975. NR 102.55 NoteNote: Paragraphs (b) and (c) reflect federal requirements under 40 CFR s. 131.10 (g), pertaining to highest attainable uses, and 40 CFR s. 131.3 (e), specifying November 28, 1975 as the benchmark date from which to determine “existing uses” for aquatic life. NR 102.55 NoteNote: Examples of waterbodies with distinct natural characteristics are wetland-dominated streams, naturally acidic bog lakes, and ephemeral streams with only small areas of short-term refugia. Biological condition assessments should not be conducted during periods when there is insufficient water due to natural conditions to support aquatic life.
NR 102.55(3)(3) Assessment methods for narrative biological thresholds. Biological assessments for determining attainment of designated uses may be conducted in accordance with the assessment protocols specified in s. NR 102.52 and may include any of the following: NR 102.55(3)(a)(a) Biological community assessments. To conduct biological community assessments, the department shall use documented methods that have undergone technical review and produce consistent, objective, and repeatable results that account for methodological uncertainty and natural environmental variability. Such methods include indices of biological integrity or similar tools calculated from measured attributes of resident fish, aquatic invertebrates, aquatic plants, or other aquatic communities. Such indices or tools may include measures of species composition, diversity, and abundance; feeding and reproduction characteristics; condition of individual organisms; or other scientifically objective, credible, and supportable factors. Historic records of native species may also be used to assess whether a waterbody exhibits loss of native species.
