Numeric Criteria Development

The information presented below gives a summary of state progress towards the development of numeric criteria. The information comes from EPA’s “State Adoption of Numeric Nutrient Standards (1998-2008)” report, current water quality standards, program activity measures, and nutrient criteria development plans. Links to the Wisconsin’s Nutrient Criteria Plan and state water quality standards are also provided.

• Existing Numeric Criteria
• Links to the Plan and Criteria
• Milestone Information

Existing Numeric Criteria

S = Statewide    W = For selected waterbody    N ⁄ A=Not Applicable

Note: See Statewide Criteria and Site-specific Criteria tabs for more information.

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Links to Numeric Nutrient Criteria Plan and Existing Nutrient Criteria

Plan:

• Nutrient Criteria Development Plan for the State of Wisconsin 2007

WQS: Wisconsin Water Quality Standards
Wisconsin DNR: Water Quality Standards—Evaluation and Management Exit

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Milestone Information - Development of Statewide Numeric N/P Criteria

Milestone information updated July 2012.

TN: Total Nitrogen; TP: Total Phosphorus

Note: Wisconsin has not determined whether total nitrogen criteria will be needed or developed statewide. Wisconsin indicates most lakes are phosphorus-limited so nitrogen criteria may only be developed on a site-specific basis.

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Statewide Criteria

The information on this tab shows EPA-approved nutrient criteria for Wisconsin’s waterbodies. The language presented below comes directly from state water quality standards and applies to all waterbodies within the state (unless a waterbody type or designated use is noted). Criteria applicable to specific waterbodies within the state can be found on the “Site-specific Criteria” tab. For more information, refer to the Wisconsin water quality standards.

The following information reflects Wisconsin’s 2010 water quality standards Exit posted to the Wisconsin State Legislature website (accessed February 7, 2011).

Chapter NR 102
Water Quality Standards for Wisconsin Surface Waters

NR 102.04 Categories of surface water uses and criteria.
(1) General. To preserve and enhance the quality of waters, surface water uses and criteria are established to govern water management decisions. Practices attributable to municipal, industrial, commercial, domestic, agricultural, land development or other activities shall be controlled so that all surface waters including the mixing zone meet the following conditions at all times and under all flow and water level conditions:

(c) Materials producing color, odor, taste or unsightliness shall not be present in such amounts as to interfere with public rights in waters of the state.

NR 102.06 Phosphorus.
(1) General. This section identifies the water quality criteria for total phosphorus that shall be met in surface waters.

(3) Streams and Rivers. To protect the fish and aquatic life uses established in s. NR 102.04 (3) on rivers and streams that generally exhibit unidirectional flow, total phosphorus criteria are established as follows:

(b) Except as provided in subs. (6) and (7), all other surface waters generally exhibiting unidirectional flow that are not listed in par. (a) are considered streams and shall meet a total phosphorus criterion of 75 ug/L.

(4) Reservoirs and Lakes. Except as provided in sub. (1), to protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5), total phosphorus criteria are established for reservoirs and lakes, as follows:

(a) For stratified reservoirs, total phosphorus criterion is 30 ug/L. For reservoirs that are not stratified, total phosphorus criterion is 40 ug/L.

(b) For the following lakes that do not exhibit unidirectional flow, the following total phosphorus criteria are established:

1. For stratified, two−story fishery lakes, 15 ug/L.

2. For lakes that are both drainage and stratified lakes, 30 ug/L.

3. For lakes that are drainage lakes, but are not stratified lakes, 40 ug/L.

4. For lakes that are both seepage and stratified lakes, 20 ug/L.

5. For lakes that are seepage lakes, but are not stratified lakes, 40 ug/L.

(c) Waters impounded on rivers or streams that don’t meet the definition of reservoir in this section shall meet the river and stream criterion in sub. (3) that applies to the primary stream or river entering the impounded water.

(6) Exclusions. The following waters are excluded from subs. (3) (b), (4) and (5):

(a) Ephemeral streams.

(b) Lakes and reservoirs of less than 5 acres in surface area.

(c) Wetlands, including bogs.

(d) Waters identified as limited aquatic life waters in ch. NR 104. Limited aquatic life waters are those subject to the criteria in s. NR 104.02 (3) (b) (2).

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The following information reflects Wisconsin’s 1998 water quality standards posted to the Water Quality Standards Repository as of November 2010.

NR 103.03 Wetland water quality standards.
(1) To protect, preserve, restore and enhance the quality of waters in wetlands and other waters of the state influenced by wetlands, the following water quality related functional values or uses of wetlands, within the range of natural variation of the affected wetland, shall be protected:

(c) Filtration or storage of sediments, nutrients or toxic substances that would otherwise adversely impact the quality of other waters of the state;

(g) Recreational, cultural, educational, scientific and natural aesthetic values and uses.

(2) The following criteria shall be used to assure the maintenance or enhancement of the functional values identified in sub. (1):

(c) Materials producing color, odor, taste or unsightliness may not be present in amounts which may cause significant adverse impacts to wetlands;

(f) Existing habitats and the populations of wetland animals and vegetation shall be maintained by:

3. Preventing conditions conducive to the establishment or proliferation of nuisance organisms.

Site-specific Criteria

The information on this tab shows EPA-approved site-specific nutrient criteria for Wisconsin’s waterbodies. Criteria on this page apply only to the waterbodies listed below. Criteria applicable to all waterbodies within the state are found on the “Statewide Criteria” tab. For more information, refer to the Wisconsin water quality standards.

The following information reflects Wisconsin’s 2010 water quality standards Exit posted to the Wisconsin State Legislature website (accessed February 7, 2011).

Chapter NR 102
Water Quality Standards for Wisconsin Surface Waters

NR 102.06 Phosphorus.

(1) General. This section identifies the water quality criteria for total phosphorus that shall be met in surface waters.

(3) Streams and Rivers. To protect the fish and aquatic life uses established in s. NR 102.04 (3) on rivers and streams that generally exhibit unidirectional flow, total phosphorus criteria are established as follows:

(a) A total phosphorus criterion of 100 ug/L is established for the following rivers or other unidirectional flowing waters:

1. Apple River from the outlet of the Apple River Flowage in Amery to the St. Croix River, excluding Black Brook Flowage.

2. Bad River from confluence with the Marengo River within the Bad River Indian Reservation downstream to Lake Superior.

3. Baraboo River from highway 58 in La Valle to the Wisconsin River.

4. Bark River from confluence with Scuppernong River near Hebron to the Rock River.

5. Black River from confluence with Cunningham Creek near Neillsville to Mississippi River, excluding Lake Arbutus.

6. Brule River from state highway 55 in Forest County downstream to Menominee River.

7. Buffalo River from confluence with Harvey Creek near Mondovi to Mississippi River.

8. Chippewa River from Lake Chippewa in Sawyer County to Mississippi River, excluding Holcombe Flowage, Cornell Flowage, Old Abe Lake, Lake Wissota and Dells Pond.

9. Crawfish River from confluence with Beaver Dam River to Rock River.

10. East Branch Pecatonica River from confluence with Apple Branch Creek near Argyle to Pecatonica River.

11. Eau Claire River from confluence with Bridge Creek near Augusta to Chippewa River, excluding Altoona Lake.

12. Embarrass River from confluence with Pigeon River near Clintonville to Wolf River.

13. Flambeau River from outlet of Turtle−Flambeau Flowage in Iron County to Chippewa River, excluding Pixley Flowage, Crowley Flowage and Dairyland Flowage.

14. Fox River from outlet of Lake Puckaway near Princeton to Green Bay, excluding Lake Butte des Morts and Lake Winnebago.

15. Fox River from confluence with Mukwonago River near Mukwonago to state line, excluding Tichigan Lake.

16. Grant River from confluence with Rattlesnake Creek near Beetown to Mississippi River.

17. Jump River from confluence with the North Fork and the South Fork of the Jump rivers in Price County to Holcombe Flowage.

18. Kickapoo River from confluence with Weister Creek near La Farge to Wisconsin River.

19. Kinnickinnic River from confluence with Wilson Park Creek in Milwaukee to Milwaukee River.

20. La Crosse River from confluence with Fish Creek near Bangor to Mississippi River, excluding Neshonoc Lake.

21. Lemonweir River from outlet of New Lisbon Lake in New Lisbon to Wisconsin River, excluding Decorah Lake.

22. Little Wolf River from confluence with South Branch Little Wolf River near Royalton to Wolf River.

23. Manitowoc River from confluence of North Branch and South Branch Manitowoc rivers to the opening at the end of the piers at Lake Michigan.

24. Menominee River from confluence with Brule River to the opening at the end of the piers at Green Bay.

25. Menomonee River from confluence with Little Menomonee River to Milwaukee River.

26. Milwaukee River from confluence with Cedar Creek downstream to the openings of the breakwaters at Lake Michigan.

27. Mississippi River main channels and side channels.

28. Namekagon River from outlet of Trego Lake near Trego to St. Croix River.

29. Oconto River from confluence with Peshtigo Brook to the opening at the end of the piers at Green Bay.

30. Pecatonica River from confluence with Vinegar Branch near Darlington to state line.

31. Pelican River from confluence with Slaughterhouse Creek near Rhinelander to Wisconsin River.

32. Peshtigo River from confluence with Brandywine Creek downstream to Green Bay, excluding Cauldron Falls Flowage and High Falls Flowage.

33. Pine River from confluence with Popple River in Florence County to Menominee River, excluding Pine River Flowage.

34. Red Cedar River from confluence with Brill River to Chippewa River, excluding Rice Lake, Tainter Lake and Lake Menomin.

35. Rock River from outlet of Sinissippi Lake downstream to the state line, excluding Lake Koshkonong.

36. St. Croix River from confluence with Namekagon River downstream to Mississippi River, excluding Lake St. Croix near Hudson.

37. St. Louis River from state line to the opening between Minnesota Point and Wisconsin Point at Lake Superior.

38. Sheboygan River from outlet of Sheboygan Marsh to the opening at the end of the piers at Lake Michigan.

39. South Fork of Flambeau River from state highway 13 near Fifield to Flambeau River.

40. Sugar River from outlet of Albany Lake to state line, excluding Decatur Lake.

41. Tomahawk River from outlet of Willow Reservoir to Lake Nokomis.

42. Trempealeau River from confluence with Pigeon Creek near Whitehall to Mississippi River.

43. White River from outlet of White River Flowage in Ashland County to Bad River.

44. Wisconsin River from the Rhinelander Dam to Mississippi River, excluding Lake Alice, Lake Mohawksin, Alexander Lake, Lake Wausau, Mosinee Flowage, Lake Dubay, Wisconsin River Flowage, Biron Flowage, Petenwell Flowage, Castle Rock Flowage and Lake Wisconsin.

45. Wolf River from confluence with Hunting Creek in Langlade County to Lake Poygan.

46. Yahara River from outlet of Lake Kegonsa to Rock River.

(5) Great Lakes. To protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5) on the Great Lakes, total phosphorus criteria are established as follows:

(a) For both open and nearshore waters of Lake Superior, 5 ug/L.

(b) For both open and nearshore waters of Lake Michigan, excluding waters identified in par. (c), 7 ug/L.

(c) For the portion of Green Bay from the mouth of the Fox River to a line from Long Tail Point to Point au Sable, the water clarity and other phosphorus-related conditions that are suitable for support of a diverse biological community, including a robust and sustainable area of submersed aquatic vegetation in shallow water areas.

(6) Exclusions. The following waters are excluded from subs. (3) (b), (4) and (5):

(a) Ephemeral streams.

(b) Lakes and reservoirs of less than 5 acres in surface area.

(c) Wetlands, including bogs.

(d) Waters identified as limited aquatic life waters in ch. NR 104. Limited aquatic life waters are those subject to the criteria in s. NR 104.02 (3) (b) (2).

(7) Site-Specific Criteria. A criterion contained within this section may be modified by rule for a specific surface water segment or waterbody. A site-specific criterion may be adopted in place of the generally applicable criteria in this section where site-specific data and analysis using scientifically defensible methods and sound scientific rationale demonstrate a different criterion is protective of the designated use of the specific surface water segment or waterbody.

Note: Reservoirs, two-story fishery lakes and water bodies with high natural background phosphorus concentrations are the most appropriate water bodies for site-specific criteria.

Note: When placing a water body on the 303 (d) list as impaired for phosphorus, the department considers factors such as frequency and duration of criterion exceedances, the time of year of the exceedance and the magnitude of each Exceedance above the applicable criterion. The department may also choose to consider other factors such as the concentration of suspended algae and floating plants; density of benthic algae; macrophyte density; minimum and daily change in dissolved oxygen levels due to diurnal swings; water clarity; and natural background phosphorus concentrations. The 303 (d) list is a list of impaired waters established by the department and approved by US EPA pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7. Information on frequency and duration is contained in the department’s impaired waters listing guidance, “Wisconsin Consolidated Assessment and Listing Methodology.”