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 102.52NR 102.52Assessment protocols.
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 102.53Reporting, 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)(2)Public participation.
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 NoteNote: The section 303 (d) list and statewide condition assessments are available on the department’s website at https://dnr.wi.gov/topic/SurfaceWater/assessments.html.
NR 102.53 HistoryHistory: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22.
NR 102.54NR 102.54Biological 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 102.55Narrative biological assessment thresholds for aquatic life uses.