Chapter NR 105

SURFACE WATER QUALITY CRITERIA AND SECONDARY
VALUES FOR TOXIC SUBSTANCES

NR 105.01   Purpose.

NR 105.02   Applicability.

NR 105.03   Definitions.

NR 105.04   Determination of adverse effects.

NR 105.05   Acute toxicity criteria and secondary acute values for aquatic life.

NR 105.06   Chronic toxicity criteria and secondary chronic values for fish and aquatic life.

NR 105.07   Wildlife criteria.

NR 105.08   Human threshold criteria.

NR 105.09   Human cancer criteria.

NR 105.10   Bioaccumulation factor.

NR 105.11   Final plant values.

NR 105.01 NR 105.01 Purpose. The purpose of this chapter is to establish water quality criteria, and methods for developing criteria and secondary values for toxic substances to protect public health and welfare, the present and prospective use of all surface waters for public and private water supplies, and the propagation of fish and aquatic life and wildlife. This chapter also establishes how bioaccumulation factors used in deriving water quality criteria and secondary values for toxic and organoleptic substances shall be determined. Water quality criteria are a component of surface water quality standards. This chapter and chs. NR 102 to 104 constitute quality standards for the surface waters of Wisconsin.

NR 105.01 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.; am. Register, August, 1997, No. 500, eff. 9-1-97.

NR 105.02 NR 105.02 Applicability. The provisions of this chapter are applicable to surface waters of Wisconsin as specified in chs. NR 102 to 104 and in this chapter.

NR 105.02(1) (1) Site specific criteria and secondary values. A criterion contained within this chapter or a secondary value calculated pursuant to this chapter may be modified for a particular surface water segment or body. A criterion or secondary value may be modified if specific information is provided which shows that the data used to derive the criterion or secondary value do not apply and if additional information is provided to derive a site-specific criterion or secondary value. Site-specific criteria are intended to be applicable to a specific surface water segment. Criteria may be modified for site-specific considerations according to the USEPA “Water Quality Standards Handbook” Second Edition, revised 1994. Any criterion modified for site-specific conditions shall be promulgated in ch. NR 104 before it can be applied on a site-specific basis. Site-specific modifications of criteria and secondary values shall be consistent with the procedures described in 40 CFR Part 132, Appendix F, Procedure 1: Site-specific modifications to criteria and values. 40 CFR Part 132, Appendix F, Procedure 1 as stated on September 1, 1997 is incorporated by reference.

NR 105.02 Note Note: Copies of 40 CFR Part 132 Appendix F, Proc. 1 are available for inspection in the offices of the department of natural resources, secretary of state and the legislative reference bureau, Madison, WI or may be purchased from the superintendent of documents, US government printing office, Washington, D.C. 20402.

NR 105.02(2) (2) Statewide criteria.

NR 105.02(2)(a) (a) The department may promulgate a less stringent criterion or remove a criterion from this chapter when the department determines that the previously promulgated criterion is more stringent than necessary, or unnecessary for the protection of humans, fish and other aquatic life or wildlife. The modification shall assure that the designated uses are protected and water quality standards continue to be attained.

NR 105.02(2)(b) (b) The department may promulgate a more stringent criterion in this chapter when the department determines that the previously promulgated criterion is inadequate for the protection of humans, fish and other aquatic life or wildlife.