Current Triennial Standards Review Projects

As the 2008-2011 Triennial Standards Review Cycle begins, several standards revisions are already underway. These are classified as “Group A: Revisions/development currently in progress”, and are automatically designated as high priority for continuation during the upcoming cycle. The five projects in process are:

• Thermal Surface Water Quality Rules Revisions
• Phosphorus Water Quality Criteria
• Toxic Substance Water Quality Criteria
• Assessment Methodology
• Use Designations – Process Revision

Thermal Surface Water Quality Rules Revisions

Revisions are being made to NR 102 (Water Quality Standards) and NR 106 (Point Source Implementation Procedures) to manage the discharge of heated water to surface waters. Wisconsin's current standards were ruled invalid by the Wisconsin Supreme Court in 1979. This effort is necessary to correct the problems that led to that ruling and to allow effluent limitations for heat to be included in permits where hot water discharges may adversely impact fish and other aquatic life. Public hearings on draft rules were held in early 2008. Adoption of rule revisions anticipated in late Spring 2008. For more information, visit this page

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Phosphorus Water Quality Criteria

In 2000, EPA published guidance on nutrient criteria for lakes and streams that requires states to promulgate the criteria as part of their water quality standards. If states do not promulgate the criteria, EPA has the authority to promulgate the criteria for the state. Wisconsin has experienced significant nutrient related water quality problems including nuisance Cladophora accumulations on the shores of Lake Michigan, toxic algal conditions in a number of inland lakes, and low dissolved oxygen levels in certain streams. Extensive research and monitoring to establish quantitative phosphorus water quality standards has been conducted. A group of Department scientists and outside experts have reviewed and analyzed the data and have proposed draft criteria. The Department is currently preparing draft rule language to establish phosphorous water quality criteria and will establish an external advisory panel of stakeholders to review and comment on the draft. Intentions are to seek authorization for public hearings from the Natural Resources Board in early Summer 2008. Implementation of this rule, including potential provisions for implementing phosphorus-based TMDLs, will be a key discussion item for the external advisory committee.

Toxic Substance Water Quality Criteria

Revisions to Chapter NR 105 are necessary to synchronize Wisconsin's toxic substance criteria for 17 pollutants with federal criteria promulgated by U.S. EPA. Proposed revisions for four of the substances – copper, endrin, nickel, and selenium – are intended to provide appropriate protection of fish & aquatic life species. Proposed revisions for the remaining substances are intended to provide protection for human health. Public hearings were held in January 2008, and the final rule will be taken back to the Natural Resources Board in June 2008 for approval and submittal to the legislature.

Assessment Methodology

To comply with section 303(d) of the Clean Water Act and associated federal regulations, every other year each state must develop a list of impaired waters (i.e. waters not meeting water quality standards). EPA requires each state to provide a listing methodology. In addition, EPA is requiring each state to integrate its 305(b) water quality assessment and its 303(d) listing into a joint report. In response, the Department is working to revise its assessment methodology, will not only be used for listing and reporting purposes, but will also propose a revised system of assigning use designations for surface waters and associated decision criteria to determine whether or not those uses are being attained. Decisions made from this new system will increase public understanding of the Department’s water quality management efforts and will result in better decision making for several Clean Water Act program elements, including WPDES permitting, development of the biennial Impaired Waters List, and submittal of the Water Quality Report to Congress [305(b)]. A group of department staff have established recommendations for changes to the Department’s existing procedures and have solicited comments from other staff. A final report of recommendations will be completed by early 2008 and an internal ad hoc team will be formed in early 2008 to begin addressing implementation issues, including need for revisions to Administrative Rules. For more information.

Use Designations – Process Revision

Federal law requires states to assign a use designation to surface waters in order to determine the water quality goals for those water bodies. Wisconsin has assigned uses for: a) General Use, b) Fish & Other Aquatic Life Use; c) Public Health & Welfare Use, d) Recreational Use; and e) Wildlife Use. Perspectives on the conditions associated with each of those use designations vary widely between different affected groups, including regulated entities, environmental advocates, and the general public. This has led to significant confusion about Wisconsin’s water quality management objectives and has created conflicts in the expectations of the DNR among those many constituents. In response, DNR initiated an internal effort to re-design its use designations to be ecologically and scientifically defensible, understandable to affected parties, and supported by well designed monitoring initiatives. When complete, these recommendations may directly affect provisions of several administrative rules, policies, and procedures as they apply to implementation of the Clean Water Act in Wisconsin.

For questions or comments, please contact Kristi Minahan at 608-266-7055 or kristi.minahan@wisconsin.gov.