Thermal Surface Water Quality Rules Revisions

The Department of Natural Resources has proposed revisions to Chapters NR 102 of the Wisconsin Administrative Code to create water quality standards for heat in surface waters. In addition, the Department is proposing to create a new subchapter of NR 106 to establish procedures for calculation of water quality-based effluent limitations for heat for WPDES-permitted discharges to surface waters of the state. Collectively, this effort is referred to as the Thermal Standards Update.

The Department held public hearings in January 2008 to obtain feedback on the proposed rules. In response to public comments received, adjustments were made to the proposed rules. A public meeting was held on January 14, 2009 to discuss those changes in an open format. Feedback on the proposed revisions can be e-mailed to Robert.Masnado@Wisconsin.gov or received by U.S. mail no later than Wednesday, February 11, 2009 at the following address:

Bob Masnado - WT/3
Bureau of Watershed Management
Wisconsin Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921

The Department is preparing to bring the proposed revisions to the Natural Resources Board this Spring.

The following resources are provided to help you understand the proposed revisions and to help you prepare comments for consideration by the Natural Resources Board if you choose. For more information on meetings of the Natural Resources Board, please visit the Natural Resouces Board website.

Proposed Revisions to NR 102 and NR 106 (Wisconsin Administrative Code) - 2008 pdf 1,406kb. This file contains the rule language that was taken out to Public Hearings in January 2008. The text of the file is in “rule order” format. This is the legally required format for submitting proposed changes to administrative rules. NR 102 contains the standards as proposed and NR 106 contains the methods by which the standards will be applied to point source discharges under the Wisconsin Pollution Discharge Elimination System (WPDES) via legal permits to operate and discharge waste water. (NOTE: THE LANGUAGE CONTAINED IN THIS FILE HAS BEEN UPDATED IN RESPONSE TO COMMENTS RECEIVED. THE UPDATED LANGUAGE IS FOUND IN THE NEXT FILE DATED 2009.)

Proposed Revisions to NR 102 and NR 106 (Wisconsin Administrative Code) - 2009 pdf 549kb. This file contains the actual rule language in “rule order” format. This is the legally required format for submitting proposed changes to administrative rules. NR 102 contains the standards as proposed and NR 106 contains the methods by which the standards will be applied to point source discharges under the Wisconsin Pollution Discharge Elimination System (WPDES) via legal permits to operate and discharge waste water.

Presentation from January 14, 2009 Public Meeting. pdf 301kb This file is a PowerPoint Slide Show that was used to inform attendees of the major changes made to the proposed rules in response to comments received during the 2008 public comment period.

Response to Comments Received on January 2008 Draft Rules pdf 335kb. This file is a compilation of all formal comments received during the public comment period and a response by the Department.

Rationale for Modified Approach to Calculate Limits for POTWs pdf 219kb. This file summarizes the basis for the Department’s modified approach to addressing heat from Publicly Owned Treatment Works (POTWs).

Spreadsheets for the Calculation of Effluent Limitations: These files may be used by anyone that wants to calculate effluent limitations for a particular facility using specific data. Users should be aware that each of the spreadsheets contains an instruction sheet on the first “tab” at the bottom of the spreadsheet. Accessing sub-files within is accomplished by selecting the noted tabs at the bottom of the sheet. All users evaluating limitations for discharges to flowing waters are encouraged to start by determining the applicable Stream Flow: Effluent Flow (Qs:Qe) ratio before progressing further.

Technical Support Document pdf 1283kb This file describes how different components of the proposed revisions were developed, including a description of that data used.

Contact Information:
For more information on the proposed thermal standards package, please contact:

Bob Masnado – WT/3
Bureau of Watershed Management
Wisconsin Department of Natural Resources
P.O. Box 7921
Madison, Wisconsin 53707-7921

E-mail inquiries can be sent to: Robert.Masnado@Wisconsin.gov

Last Revised: Thursday February 05 2009