Section 71. NR 212.02 (1) is repealed and recreated to read:
NR 212.02 (1) The provisions of this subchapter are applicable to water quality related effluent limitations for biochemical oxygen demand developed through wasteload allocations for the Lower Fox River from milepoints 0-40.0, Upper Wisconsin River from milepoints 171.9-341.4, and Peshtigo River from milepoints 0-12, and established under s. 283.13 (5), Stats. Section 72. NR 212.02 (2) is amended to read:
NR 212.02 (2) Nothing in this chapter subchapter shall in any way inhibit, override, preclude, or prevent the department from issuing any permit with toxic effluent limits even if such permit limitations would result in more stringent limitations than provided in this chapter subchapter.
Section 73. NR 212.03 (intro.), (3), (12), (22), and (24) are amended to read:
NR 212.03 Definitions. (intro.) In addition to the definitions and abbreviations in ss. NR 205.03 and 205.04, the following definitions are applicable to terms used in this chapter subchapter: (3) "Conventional pollutant" means those pollutants identified in section 304 (a) (4) of the federal clean water act amendments of 1977. These pollutants are; : biological biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform, and oil and grease.
(12) "New point source", for the purposes of this chapter subchapter, means a point source which commenced operation after January 1, 1980.
(22) "Waste load Wasteload allocation" means the allocation resulting from the process of distributing or apportioning the total maximum load to each individual point source, nonpoint sources, reserve capacity, and margin of safety discharge.
(24) "Water quality related effluent limitation" means a point source effluent limitation designed to meet applicable water quality standards and which is more restrictive than the categorical effluent limitations. For the purposes of this chapter subchapter, water quality related effluent limitations refer to those determined as a result of a waste load wasteload allocation.
Section 74. NR 212.12 (2) (d) is amended to read:
NR 212.12 (2) (d) No bypasses exist occur which that are not authorized approved by the department; and
Section 75. NR 212.40 (2) (intro.), (b), and (c) are amended to read:
NR 212.40 (2) (intro.) Determine The department shall determine baseline loads for each point source subject to the waste load wasteload allocation. in accordance with all of the following:
(b) Nonpublicly−owned point sources between milepoints 40.0 and 19.2. The baseline load expressed in pounds per day for each nonpublicly−owned point source shall be calculated as follows:
Baseline Load = (BPT) (Production) (0.85)
Where: BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285, or 217 220, when applicable, expressed in pounds of BOD5 per ton of production. Production = The maximum weekly off−machine production during 1973 expressed as tons per day.
0.85 = Adjustment factor to approximate daily average off−machine production.
(c) Nonpublicly−owned point sources between milepoints 7.2 and 0.0. The baseline load expressed in pounds per day for each nonpublicly−owned point source shall be calculated as follows:
Baseline Load = (BPT) (Production)
Where: BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285 or 217 220, when applicable, expressed in pounds of BOD5 per ton of production. Production = 1977 average daily off−machine production.
Section 76. NR 212.60 (1) (intro.), (b), (d), (e), and (g) are amended to read:
NR 212.60 (1) (intro.) Determine The department shall determine baseline loads for each point source subject to the waste load wasteload allocation. in accordance with all of the following:
(b) The baseline load for each nonpublicly−owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285, expressed as pounds of BOD5 per ton of production. If chs. ch. NR 284 and 285 do does not apply, the best practicable waste treatment effluent limitations as determined under ch. NR 217 220, shall apply. Production = The annual average off−machine production during 1978 expressed as tons per day.
(d) The baseline load for each nonpublicly−owned point source with best practicable waste treatment effluent limitations of less than 500 pounds per day located between milepoints 271.1 and 240.0 shall be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285, or 217 220, when applicable, expressed as pounds of BOD5 per ton of production. Production = The maximum weekly off−machine production during 1981 expressed as tons per day.
(e) The baseline load for each nonpublicly−owned point source with best practicable waste treatment effluent limitations of BOD5 equal to or exceeding 500 pounds per day located between milepoints 271.1 and 240.0 shall be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285or 217 220, when applicable, expressed as pounds of BOD5 per ton of production. Production = The average weekly off−machine production expressed as tons per day from March to December 1973 for point sources located between milepoints 271.0 and 258.5 and the BPT WPDES permit limits for 1978 for point sources located between milepoints 258.4 and 258.2 and the average weekly off−machine production expressed as tons per day during 1974 for point sources located between milepoints 258.19 and 249.0 and the average weekly off−machine production expressed as tons per day during 1973 plus the woodroom allowance for sources located between milepoints 248.9 and 240.0.
(g) The baseline load for each nonpublicly−owned point source located between milepoints 341.4 and 305.9 shall be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285, expressed as pounds of BOD5 per ton of production. If chs. ch. NR 284 and 285 do does not apply, the best practicable waste treatment effluent limitations as determined under ch. NR 217 220 shall apply. Production = The annual average off−machine production during 1978 expressed as tons per day.
Section 77. NR 212.70 (1) (a) and (b) are amended to read:
NR 212.70 (1) (a) The baseline load for each publicly−owned point source located between milepoints 9.6 and 0.0 shall be calculated as follows:
Baseline load = (Q) (8.34) (60) + (BPT) (Production)
Where Q = The year 2000 flow projection of the domestic contribution of the influent to the treatment plant expressed in millions of gallons per day
8.34 = Conversion factor
60 = Concentration of BOD5 expressed in milligrams per liter
BPT = The final best practicable waste treatment effluent limitations for the industrial contribution of the influent to the treatment plant as provided in chs. ch. NR 284 and 285expressed as pounds of BOD5 per ton of production. If chs. ch. NR 284 and 285 do does not apply, the best practicable waste treatment effluent limitations as determined under ch. NR 217 220 shall apply. Production = The annual average off−machine production during January 1 to December 1, 1978 expressed as tons per day
(b) The baseline load for each nonpublicly−owned point source located between milepoints 12.0 and 9.7 shall be calculated as follows:
Baseline load = (BPT) (Production)
Where BPT = The final best practicable waste treatment effluent limitations for the point source which is not discharged to a publicly−owned treatment system as provided in chs. ch. NR 284 and 285expressed as pounds of BOD5 per ton of production. If chs. ch. NR 284 and 285 do does not apply, the best practicable waste treatment effluent limitations as determined under ch. NR 217 220 shall apply. Production = The annual average off−machine production during January 1 to December 1, 1978 expressed as tons per day.
Section 78. NR 212.70 Table 5m (title) is amended to read:
LBS PER DAY OF BOD5
(river mile 238.9 248.9 to 240.0)
Section 79. NR 212 Subchapter III and (title) are created to read (insert after NR 212.70):
SUBCHAPTER III
DEVELOPMENT OF TOTAL MAXIMUM DAILY LOADS AND EFFLUENT LIMITATIONS DEVELOPED THROUGH WASTELOAD ALLOCATIONS
NR 212.71 Applicability. This subchapter establishes the procedures, methodologies, and requirements to be used for determining total maximum daily loads and water quality-based effluent limitations developed through wasteload allocations for pollutants except as provided in subch. II.
NR 212.72 Definitions. In addition to the definitions and abbreviations in ss. NR 205.03 and 205.04 the following definitions are applicable to the terms of this subchapter: (1) “EPA” means the United States environmental protection agency.
(3) “Increased discharge” means any increase in the concentration or mass loading of a pollutant of concern that exceeds an effluent limitation that is in effect in a current permit.
(4) “Load allocation” means the nonpoint source allocation as defined in s. NR 212.03 (14). (5) “Loading capacity” means the greatest amount of loading that a water can receive without violating water quality standards.
(6) “Margin of safety” means a required component of the TMDL that accounts for the uncertainty in the response of the waterbody to loading reductions.
(7) “Natural background load” means loads emanating from natural sources, including but not limited to forested and undeveloped lands and from natural processes such as weathering and dissolution, which would exist in the absence of measurable impacts from human activity or influence.
(8) "New discharge" means a point source that discharges the pollutant of concern that commenced operation after the TMDL was approved by EPA and was not given a wasteload allocation in the TMDL.
(9) “Pollutant of concern” means any pollutant discharged that has an applicable TBEL, a wasteload allocation from a TMDL or watershed analysis, or is identified as needing a WQBEL to meet water quality standards.
(10) “TBEL” means technology-based effluent limitation.
(11) “TMDL” means total maximum daily load and is the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background, and a margin of safety. TMDLs can be expressed in terms of mass per time, toxicity, or other appropriate measures that relate to a state water quality standard.
(12) “Wasteload allocation” refers to the point source allocation as defined in s. NR 212.03 (22). (13) “WQBEL” means water quality-based effluent limitation.
NR 212.73 TMDL development requirements for impaired waters. (1) Purpose. This section establishes the procedure, methodologies, and requirements to be used for developing TMDLs.
(2) Prioritization. The department shall create and maintain an impaired waters list of waters that fail to meet water quality standards and, therefore, require the development of TMDLs or alternative remediation plans. The impaired waters list shall include a priority ranking for the development of a TMDL for all listed waters. The priority ranking shall consider the severity of the pollution, the uses to be made of such waters, and whether implementing existing TBELs and WQBELs in permits are sufficient to achieve water quality standards. By April 1 of each even-numbered year, the Department shall submit to the EPA a prioritized ranking of waters on the impaired waters list targeted for TMDL development for a two-year period. Impaired waters addressed by alternative remediation plans may be assigned a low priority for TMDL development on the impaired waters list.
Note: The impaired waters listing and priority setting process is specified in the Wisconsin Consolidated Assessment and Listing Methodology (WisCALM).
Note: Examples of remediation plans include, but are not limited to, lake protection and restoration plans, remedial action plans, environmental accountability projects, area-wide water quality management plans, adaptive management plans, and nine key element watershed plans.
(3) TMDL Development. (a) The department shall establish TMDLs for impaired waters in accordance with the prioritization in sub. (1). TMDLs shall be established at levels necessary to attain and maintain applicable numeric and narrative water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality. TMDLs shall take into account critical conditions for stream flow, loading, and water quality parameters.
(b) TMDLs shall be established to ensure attainment of all designated uses and applicable numeric and narrative water quality standards for the pollutant of concern including applicable numeric and narrative criteria under chs. NR 102 and 105. (c) TMDLs may be established using a pollutant-by-pollutant or biomonitoring approach. In many cases both techniques may be needed. Site specific information should be used whenever possible.
(d) TMDLs shall include wasteload allocations for point sources and load allocations for nonpoint sources such that the sum of the allocations is not greater than the loading capacity of the water for the pollutants addressed by the TMDL, minus the sum of natural background loads, the reserve capacity and, if specified, an explicit margin of safety. Allocations shall meet the following requirements:
1. Allocations shall be distributed to sources using a baseline loading condition that is defined in the TMDL.
2. If allocations in the TMDL are expressed as a concentration, the TMDL shall also indicate the flows, including effluent flows, assumed in the analyses.
3. If multiple EPA-approved TMDLs are prepared for impaired waters, and the TMDLs include allocations for the same pollutant for one or more of the same sources, then the applicable allocations that are protective of both immediate and downstream segments shall be used for TMDL implementation, including permitting.
4. Pollutant degradation and transport may be considered when developing allocations.
5. Natural background loads may be accounted for in a TMDL through an allocation to a single category or through individual allocations to applicable sources of natural background loads.
6. Nonpoint sources may be accounted for in a TMDL through an allocation to a single category or through individual load allocations to various nonpoint sources.
7. Point source dischargers covered through individual permits shall be assigned individual waste load allocations. Point source dischargers covered through general permits may be accounted for through an allocation to a single category or through individual wasteload allocations.
