NR 207.05(1)(b)(b) Some other list of substances for which water quality criteria or secondary values have been determined according to chs. NR 102 to 105, not to exceed 10 parameters, which is determined to be representative of the discharge.

NR 207.05(2)(2) Application information. Persons proposing a new or increased discharge shall use the following procedure to demonstrate to the department whether the discharge will result in a significant lowering of water quality:

NR 207.05(2)(a)(a) Determine the expected levels of the indicator parameters in the discharge.

NR 207.05(2)(b)(b) Determine existing levels of the indicator parameters upstream of, or adjacent to, the discharge site using applicable procedures in chs. NR 102 and 106 or specified by the department if none of those procedures apply. Existing levels shall be based on the earliest source of data after March 1, 1989 unless a demonstration is made that there has been a change in existing levels resulting in a change in the assimilative capacity of the receiving water, in which case the existing levels shall be based on the data used in the demonstration.

NR 207.05(2)(c)(c) Calculate expected levels in the receiving water of the indicator parameters as a result of the proposed new or increased discharge. In calculating expected levels in the receiving water, the following shall be used:

NR 207.05(2)(c)1.1. Applicable design low flow rates or dilution ratios for the receiving water in ch. NR 102 or 106 or specified by the department if none of those rates or ratios apply.

NR 207.05(2)(c)2.2. The daily average discharge loading rates for the new or increased portion of a municipal discharge or the yearly average discharge loading rates for the new or increased portion of an industrial discharge.

NR 207.05(2)(d)(d) Compare the expected levels in the receiving water of each indicator parameter as calculated in par. (c) to:

NR 207.05(2)(d)1.1. The assimilative capacity multiplied by one-third for all indicator parameters except dissolved oxygen; or

NR 207.05(2)(d)2.2. The sum of the existing level multiplied by two-thirds and the water quality criterion multiplied by one-third for dissolved oxygen.

NR 207.05(3)(3) Procedure waiver. Persons proposing a new or increased discharge may choose to waive the procedure in sub. (2), and proceed directly to the economic and social development test in s. NR 207.04 (1) (c).

NR 207.05(4)(4) Department determinations. The department shall determine that a proposed new or increased discharge will result in a significant lowering of water quality if either:

NR 207.05(4)(a)(a) The proposed new or increased discharge, along with all other new or increased discharges after March 1, 1989, taking into account any changes in assimilative capacity over time that have been demonstrated under sub. (2) (b), results in an expected level of an indicator parameter in the receiving water of either of the following:

NR 207.05(4)(a)1.1. Greater than one-third multiplied by the assimilative capacity for any indicator parameter other than dissolved oxygen; or

NR 207.05(4)(a)2.2. Greater than the sum of the existing level multiplied by two-thirds and the water quality criterion multiplied by one-third for dissolved oxygen.

NR 207.05(4)(b)(b) For a discharge to the Great Lakes system, the mass loading to the receiving water of any substance in the proposed new or increased discharge having a bioaccumulation factor greater than 1000 would be increased.

NR 207.05 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (1) (b) and (4) (b), Register, August, 1997, No. 500, eff. 9-1-97.

NR 207.10(1)(1) Purpose. The purpose of this subchapter is to establish antibacksliding requirements for the WPDES permit program.

NR 207.10(2)(2) Applicability. This subchapter applies to any permittee that requests in a WPDES permit modification or reissuance application an increased or less stringent limitation that limits the discharge of a pollutant to a surface water. This subchapter does not apply to a request for an increased limitation that limits the discharge of a pollutant to groundwater. This subchapter is not applicable when the department increases a limitation that has not yet taken effect in a WPDES permit.

NR 207.11NR 207.11 Definitions. In addition to the definitions in ch. NR 205, the following definitions apply to this subchapter:

NR 207.11(1)(1) “Best professional judgment limitation” means technology based effluent limitations established on a case-by-case basis by the permit drafter when there are no applicable promulgated effluent guidelines for the category of discharge. These limitations are established under s. NR 220.21 and 33 USC 1342(a)(1)B.

NR 207.11(2)(2) “Effluent limitation guidelines” or “effluent guideline standard” or “ELGs” means guidelines for establishing technology based effluent limitations under 33 USC 1313(b) including, but not limited to, guidelines for best practicable control technology currently achievable, best conventional pollutant control technology, best available technology economically achievable, and new source performance standards.

NR 207.11(4)(4) “State technology based treatment standard” means a technology based treatment standard promulgated by the state that is not an ELG.

NR 207.11 NoteNote: The department’s state statutory authority for establishing technology based guidelines and standards is found in ss. 283.11, 283.13, 283.19, and 283.21, Stats. An example of a state treatment technology based standard is a standard promulgated under s. 283.11 (3) or (4), Stats.