Section NR 217.13 - Calculation of water quality based effluent limitations for phosphorus(1) BASIS FOR LIMITATIONS. (a) The department shall calculate potential water quality based effluent limitations for point source dischargers of phosphorus using the procedures in this section.(b) Water quality based effluent limitations for phosphorus shall be calculated based on the applicable phosphorus criteria in s. NR 102.06 at the point of discharge, except the department may calculate the limitation to protect downstream waters.(2) DISCHARGES TO STREAMS AND RIVERS.(a)Limitation calculation. For discharges of phosphorus to flowing streams and rivers, the water quality based effluent limitation shall be calculated using the following conservation of mass equation: Click here to view Image
Where:
Limitation = Water quality based effluent limitation (in units of mass per unit of volume),
WQC = The water quality criterion concentration (in units of mass per unit volume) from s. NR 102.06,
Qs = Receiving water design flow (in units of volume per unit time) as specified in par. (b),
Qe = Effluent flow (in units of volume per unit time) as specified in par. (c),
f = Fraction of the effluent flow that is withdrawn from the receiving water, and
Cs = Upstream concentration (in units of mass per unit volume) as specified in par. (d).
(b)Receiving water design flow (Qs). Based on the availability of information and the professional judgment of the department, the value of Qs to be used in calculating the effluent limitation for discharges to flowing waters shall be determined using one of the following:1. The average minimum 7-day flow which occurs once every 2 years (7-day Q2) based on information derived by the U. S. geological survey or other department approved information source, using data from a representative gauging station with a period of record of at least 10 years.2. If provided by the permittee and approved by the department, the average low 30-day flow which occurs once every 3 years (30-day Q3) based on information derived by the U. S. geological survey or other department approved information source, using data from a representative gauging station with a period of record of at least 10 years.3. Other flow deemed more representative of flow conditions and approved by the department.(c)Effluent flows (Qe).1. For dischargers subject to ch. NR 210 and which discharge for 24 hours per day on a year-round basis, Qe shall equal the maximum effluent flow, expressed as a daily average, that is anticipated to occur for 12 continuous months during the design life of the treatment facility unless it is demonstrated to the department that this design flow rate is not representative of projected flows at the facility.2. For other dischargers not subject to ch. NR 210, Qe shall equal, based on the best professional judgment of the department, one of the following: a. The maximum effluent flow, expressed as a 365 day rolling average of daily discharges that has occurred for 12 continuous months and represents normal operations.b. The maximum effluent flow, expressed as a 30 day rolling average, which has occurred for 30 continuous days and represents normal operations.3. For seasonal discharges, discharges proportional to stream flow, or other non-continuous discharge situations, Qe shall be determined on a case by case basis.(d)Upstream concentrations (Cs). The representative upstream concentration of phosphorus shall be used in specific water quality based effluent limit calculations. The representative upstream concentration shall be a concentration derived by the department based on data from the specific stream or from a similar location. Where data are collected on the upstream location, the site's upstream concentration shall be calculated as a median using the procedures specified in s. NR 102.07 (1) (b) to (c). Neither the two-sided 80 percent confidence interval around the median specified in s. NR 102.07 (2) nor the combined assessment procedures specified in s. NR 102.60 are applicable for purposes in this paragraph. Upstream concentrations may not be measured at a location within the direct influence of a point source discharge. The determination of upstream concentrations shall be evaluated at each permit reissuance. Note: The department has guidance on collection methods for ambient water sampling and may develop guidance for the evaluation of representative data. The guidance may be obtained from the offices of the department of natural resources, bureau of water quality at 101 South Webster Street, P.O. Box 7921, Madison, Wisconsin 53707.
(3) DISCHARGES TO INLAND LAKES AND RESERVOIRS. For discharges of phosphorus directly to inland lakes, reservoirs, and other receiving waters which do not exhibit a unidirectional flow at the point of discharge, the department shall set the effluent limit equal to the criterion for the receiving water or the downstream water. Note: As described in s. NR 217.16, effluent limitations for discharges to lakes may also be based on the wasteload allocation of a total maximum daily load, where the total maximum daily load has been approved by US EPA.
(4) DISCHARGES DIRECTLY TO GREAT LAKES. For discharges directly to the Great Lakes, the department shall set effluent limits consistent with nearshore or whole lake model results approved by the department. The department may set an interim effluent limit based on the best readily available phosphorus removal technology commonly used in Wisconsin. Note: At the time this rule was promulgated, December 1, 2010, the best readily available phosphorus removal technology indicates a limit of 0.6 mg/L.
(5) OTHER METHODS OF LIMIT CALCULATION. The department may use other models and equations for calculating a water quality based effluent limitation if, in the best professional judgment of the department, the model provides a more accurate representation of the conditions.(6) MULTIPLE DISCHARGES.(a) Except as provided in par. (b), whenever the department determines that more than one discharge may be affecting the water quality of the same receiving water, the resultant combined allowable load shall be divided among the various discharges using an allocation method based on site-specific considerations. Whenever the department makes a determination under this subsection, the department shall notify all permittees who may be affecting the water quality of the same receiving water of the determination and any limitations developed under this subsection. Permittees shall be given the opportunity to comment to the department on any determination made under this subsection.(b) This subsection does not apply if there is a US EPA approved TMDL for phosphorus for the receiving water. If there is a US EPA approved TMDL, the combined allowable load shall be divided in accordance with the approved TMDL.(7) MINIMUM EFFLUENT LIMITATIONS. If the water quality based effluent limitation calculated pursuant to the procedures in this section is less than the phosphorus criterion specified in s. NR 102.06 for the water body, the effluent limit shall be set to be equal to the criterion.(8) NEW DISCHARGERS. If a new discharger is proposing a discharge of phosphorus to a receiving or downstream water that is a phosphorus impaired water, the new discharger may not discharge phosphorus except as follows: (a) The new discharge of phosphorus is allocated part of the reserve capacity or part of the wasteload allocation in a US EPA approved TMDL;(b) The new discharger can demonstrate the new discharge of phosphorus will improve water quality in the phosphorus impaired segment; or(c) The new discharger can demonstrate that the new phosphorus load will be offset through a phosphorus trade or other means with another discharge of phosphorus to the 303 (d) listed water. The offset must be approved by the department and must be implemented prior to discharge.Wis. Admin. Code Department of Natural Resources § NR 217.13
CR 10-035: cr. Register November 2010 No. 659, eff. 12-1-10.Amended by, CR 19-094: am. (2) (d) Register September 2022 No. 801, eff. 10-1-22; correction in (2) (d) made under s. 35.17, Stats., Register September 2022 No. 801, eff. 10/1/2022Section 283.84, Stats., establishes requirements for pollutant trades.