Water Quality Standards, 2006 Water Quality Report to Congress

In Wisconsin surface waters are classified for the beneficial uses they are capable of supporting if controllable impacts to water quality are managed. Protections afforded surface waters are derived from a series of administrative codes, ranging from ch. NR102 through NR106, Wisconsin Administrative Codes. Ch. NR 102 provides the classification of waterbodies in the state. Water quality criteria for wetlands is provided in ch. NR 103. Ch. NR 104 identifies waterbodies that have specific water quality classifications other than warm water sport fish or forage fish communities (i.e., those that are outstanding or exceptional resource waters or those that are identified as marginal (limited forage fisheries or limited aquatic life communities). NR 105 provides standards for toxic substances and NR 106 details how to calculate water quality-based effluent limits (WQBELs) to meet standards found in NR 105.

Water Quality Classifications

NR 102 identifies water quality classifications for Wisconsin Surface Waters (see below). WDNR uses the state´s fish and other aquatic life uses classification as the basis for its assessment procedures.

Fish and Other Aquatic Life Uses

Fish and other aquatic life uses are further subdivided in Wisconsin Administrative Code NR 102.04(3) in the following categories:

• Cold water communities: These are surface waters that are capable of supporting a community of cold water fish and other aquatic life or serving as a spawning area for cold water fish species and includes, but is not limited to, surface waters identified as trout waters (Wisconsin Trout Streams, publications 6-3600(80)).
• Warm water sport fish: These are surface waters capable of supporting a community of warm water sport fish or serving as a spawning area for warm water sportfish, such as bass.
• Warm water forage fish communities: These are surface waters capable of supporting an abundant, diverse community of forage fish and other aquatic life.
• Limited-forage fish communities: These are surface waters capable of supporting only a limited community of forage fish and other aquatic life due to low flow, naturally poor water quality, or poor habitat.
• Limited aquatic life: These are surface waters of severely limited capacity due to very low or intermittent flow and naturally poor water quality or habitat, capable of supporting only a limited community of aquatic life.

Surface waters classified in the limited forage fishery or limited aquatic life subcategories are not capable of achieving Clean Water Act goals. These waters are listed in Wisconsin Administrative Code NR 104.05 to 104.10.

Outstanding & Exceptional Resource Waters

Wisconsin has classified many of the state's highest quality waters as Outstanding Resource Waters (ORWs) or Exceptional Resource Waters (ERWs). Chapter NR 102 lists the ORWs and ERWs. The identification of ORWs was one of the requirements for federal approval of the antidegradation policy. In the early 1990s WDNR conducted a statewide evaluation to determine which waters qualified for ORW and ERW classification. In 1993 and in 1996 waters were added to Chapter NR 102 as ORWs and ERWs after rigorous screening and public input processes. In 2002, the Public Service Commission donated Caldron Falls as a protected waterbody under the ORW/ERW program. And, in 2004, a number of organizations petitioned the Natural Resources Board to add an additional 100 waters from Northern Wisconsin to the List of Outstanding Exceptional Resources Waters. In 2006 the WDNR evaluated these waterbodies and forwarded a proposal to the Natural Resources Board for public hearings and approval to add an additional 44 waters to the list. Of those 44 waters, there were 62 discrete segment proposed to be added to Outstanding Resource Water (ORW) status and 18 discrete segments proposed for Exceptional Resource Water (ERW) status. Changes to the Administrative Code to implement these additions were not formally adopted before this report was completed.

Below is a visual of how the Outstanding and Exceptional Resource Waters are displayed in the state's interactive Surface Water Data Viewer.

Recreational Use Waters

Surface waters in the fish and aquatic life use classifications may also be classified as recreational use waters. This classification assures standards protecting surface waters from fecal contamination. A bacterial examination of the water determines the suitability of a recreational use classification. As a result of this classification, municipal dischargers to recreational use waters may be required to disinfect their effluent.

Public Health and Welfare

All surface waters shall meet the human threshold and human cancer criteria specified in Wisconsin Administrative Code NR 105. The applicable criteria vary depending on whether the surface water is used for public drinking water supplies and the designated aquatic life use subcategory. All surface waters that provide public drinking water supplies, or are classified as cold water or warm water sport fish communities must meet taste and odor criteria as specified in NR 102.

Wildlife

All surface waters shall be classified for wildlife uses and meet the wildlife criteria as specified in NR 105.

Water Quality Classification Revision Process

An extensive list of streams and their designated aquatic life uses were promulgated by WDNR in 1976. Use designations are defined in NR 102 and represent a classification system that considers the type of aquatic life community that may be supported by a surface water and its naturally occurring background chemical (i.e., dissolved oxygen, pH, etc.), physical (i.e., temperature, flow, habitat, etc.), and biological (i.e., species of fish and other aquatic life present) features.

The WDNR is currently updating the aquatic life use designations and is repackaging the rules in a more logical, user-friendly format. Streams not meeting standards for fish and aquatic life, primarily due to natural conditions, were listed in NR104 in 1976. This system allowed the establishment of effluent limits in an efficient manner while also providing a level of water quality commensurate with the economic and cultural realities. Additional streams have been evaluated and their classifications will be included in a revised NR104. In addition, many of the classifications conducted in the 1970s have been reviewed and, based on new information, need to be reclassified to another Fish and Aquatic Life classification sub-category. These changes in classification typically cause a modification in water quality criteria and associated requirements (e.g. effluent limitations for point sources).

Fish and Aquatic Life Designated Use Guidelines

Surface water sources throughout Wisconsin vary in size, quality, and utilization, and can be grouped according to common characteristics. These groupings enable the Department to properly protect the resource while allowing the use of the resource by parties with various interests. To preserve and enhance water quality throughout the state, the following use designations have been established by WDNR: Fish and Aquatic Life, Recreation, Public Health, Drinking Water, and Wildlife. Of these classifications, the Fish and Other Aquatic Life classification is designed as a water quality management tool to qualitatively assess and designate fish and aquatic life uses for surface waters receiving waste discharges.

Within the Fish and Aquatic Life use designation, sub-categories of waterbodies based on temperature and physical characteristics have been proposed. A subteam of specialists are working on defining those categories and gathering information to characterize the range of biological, physical and chemical characteristics prevalent in these waterbodies.

If there are controllable impacts on a specific waterbody that can be eliminated or reduced (e.g., point source discharges, construction site runoff, or landfill leachate), a waterbody could potentially have an improved "potential" or "attainable" use. The designated (or potential) use of a waterbody is the use that is selected and promulgated as a management goal.

When a surface water is evaluated for water quality classification, field data are collected and analyzed. These data include the assessment of existing information, fish communities, habitat, water quality, and macroinvertebrates. Collected data are interpreted, compared to reference sites, and a final use designation determination is made. This use designation, once promulgated, establishes the linkage to water quality criteria that are used to manage the discharge of pollutants into the waters of the state.

Waterbody Assessments

Wisconsin has conducted long-term trend monitoring for many years and similarly has gathered fish, macroinvertebrates and qualitative habitat (quick screens) and some quantitative habitat surveys in the field for many years. During the past eight years, however, the protocols for data gathering have been standardized allowing for more consistent decision making for assessments.

During 2005, Wisconsin began a process of evaluating how to further formalize and standardize statewide assessments incorporating biological metrics appropriate to the waterbody type. This work is closely connected to the development of use designation categories and attainment analyses that reflect new science, new data, and new guidance at the national level.

A technical subteam of biologists and resource specialists are developing a proposal for how to use these new tools, including guidance on how to utilize a random stratified sample design in assessments and how to better integrate biological data in use designation and use attainability analysis decisions.

Read the 2006 Assessments, including information on impaired waters program.