Chapter NR 111

NR 111.25 NR 111.25 Timing.

NR 111.25(1) (1) Compliance. The owner or operator of the facility shall comply with the requirements specified in s. NR 111.21 when a WPDES permit containing requirements consistent with this subchapter is issued to the owner or operator of the facility.

NR 111.25(2) (2) Permit application. The department shall review materials submitted by the applicant under s. NR 111.41 at the time of the initial permit application and before each permit renewal or reissuance and shall take all of the following actions:

NR 111.25(2)(a) (a) After receiving the initial permit application from the owner or operator of the facility, the department shall determine the applicable standards specified in s. NR 111.21 to apply to the new facility. In addition, the department shall review materials to determine compliance with the applicable standards.

NR 111.25(2)(b) (b) For each subsequent permit renewal, the department shall review the application materials and monitoring data to determine whether requirements, or additional requirements, for design and construction technologies or operational measures shall be included in the permit.

NR 111.25(2)(c) (c) For track II facilities, the department may review the information collection proposal plan required under s. NR 111.41 (19) (b). The facility may initiate sampling and data collection prior to receiving comment from the department.

NR 111.25 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

subch. IV of ch. NR 111 Subchapter IV — New Units at Existing Facilities

NR 111.30 NR 111.30 Requirement to comply with BTA standards.

NR 111.30(1) (1) The owner or operator of a new unit at an existing facility that meets the applicability criteria specified in s. NR 111.02 shall, at a minimum, comply with all of the following requirements:

NR 111.30(1)(a) (a) Upon commencement of the new unit’s operation, comply with the BTA standards for impingement mortality and entrainment under s. NR 111.31 for all cooling water intake flows used by the new unit. The remainder of the existing facility is subject to the impingement mortality standard under s. NR 111.12 and the entrainment standard under s. NR 111.13. The entire existing facility, including any new units, is subject to any measures to protect threatened and endangered species and federally designated critical habitat established under s. NR 111.16.

NR 111.30(1)(b) (b) Submit and retain the information required under s. NR 111.40 (3) for the new unit to the department no later than 180 days before the planned commencement of cooling water withdrawals for the operation of the new unit. If the owner or operator of the facility has already submitted the required information in a previous permit application, the owner or operator of the facility may choose to submit an update to the required information.

NR 111.30(1)(c) (c) Conduct compliance monitoring as specified in s. NR 111.32.

NR 111.30(1)(d) (d) Report information and data and keep records as specified in s. NR 111.15.

NR 111.30(2) (2) The requirements specified in sub. (1) shall be implemented through a WPDES permit for each facility subject to this subchapter. Permit requirements and conditions shall be based on the information submitted in the permit application, as determined by the department.

NR 111.30 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.31 NR 111.31 BTA standards.

NR 111.31(1) (1) Generally. Subject to sub. (3) and except as provided in sub. (4), the owner or operator of a new unit at an existing facility shall achieve the impingement mortality and entrainment standards provided in either sub. (2) (a) or (b) for each cooling water intake structure used to provide cooling water to the new unit.

NR 111.31(2) (2) Compliance options. The owner or operator of the facility shall, except as provided in sub. (4) and subject to sub. (3), comply with one of the following:

NR 111.31(2)(a) (a) Option I. The owner or operator of the facility shall reduce the design intake flow for the new unit, at a minimum, to a level commensurate with that which can be attained by the use of a closed-cycle recirculating system for the same level of cooling for the new unit.

NR 111.31(2)(b) (b) Option II. The owner or operator of the facility shall demonstrate to the department that the technologies and operational measures employed will reduce the level of adverse environmental impact from any cooling water intake structure used to supply cooling water to the new unit to a comparable level to that which would be achieved under par. (a). The demonstration shall include showing that the entrainment reduction is equivalent to 90 percent or greater of the reduction that could be achieved through compliance with par. (a). In addition, the demonstration shall include showing that the impacts to fish and shellfish, including important forage and predator species, within the watershed will be comparable to those that would result under the requirements specified in par. (a).

NR 111.31(3) (3) Alternative requirements. The owner or operator of the facility shall comply with any alternative requirements established by the department. Alternative requirements may be established if the department determines that the owner or operator of the facility requesting alternative requirements demonstrates all of the following:

NR 111.31(3)(a) (a) The data specific to the facility would result in compliance costs wholly out of proportion to the costs U.S. environmental protection agency considered in establishing the requirement at issue, or would result in significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets.

NR 111.31(3)(b) (b) The alternative requirements achieve a level of performance as close as practicable to the requirements under sub. (2) (a).

NR 111.31(3)(c) (c) The alternative requirements ensure compliance with this chapter, other applicable provisions of the federal clean water act, and any applicable requirement of state or tribal law.

NR 111.31(4) (4) Excluded cooling water flow and additional BTA standards.

NR 111.31(4)(a) (a) Excluded cooling water flows. This section does not apply to any of the following:

NR 111.31(4)(a)1. 1. Process water, gray water, wastewater, reclaimed water, or other waters reused as cooling water in lieu of water obtained by surface water intakes.

NR 111.31(4)(a)2. 2. Cooling water used by manufacturing facilities for contact cooling purposes.

NR 111.31(4)(a)3. 3. Portions of water withdrawals for auxiliary plant cooling uses comprising less than 2 MGD of the facility’s flow.

NR 111.31(4)(a)4. 4. Any quantity of emergency back-up water flows.

NR 111.31(4)(b) (b) Additional BTA standards. For cooling water flows excluded under par. (a), the department may establish additional BTA standards for impingement mortality and entrainment on a site-specific basis.

NR 111.31 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.32 NR 111.32 Monitoring requirements. The owner or operator of the facility shall complete all of the following monitoring to demonstrate compliance with the requirements specified in s. NR 111.31:

NR 111.32(1) (1) The owner or operator of the facility shall comply with any monitoring requirements established by the department for impingement, impingement mortality, and entrainment of the commercial, recreational, and forage base fish and shellfish species identified in the source water baseline biological characterization data required under s. NR 111.41 (3). Monitoring methods used shall be consistent with those used for the source water baseline biological characterization. If the department establishes such monitoring requirements, the frequency of monitoring and specific protocols shall be determined by the department.

NR 111.32(2) (2) The owner or operator of the facility shall conduct flow and velocity monitoring daily that is representative of the normal operating conditions of the date on which each sample is taken. Flow monitoring shall include measuring cooling water withdrawals, make-up water, and blowdown volume and shall be reported as a daily total volume. Velocity shall be reported as a daily maximum velocity. The department may require additional monitoring necessary to demonstrate compliance with s. NR 111.31.

NR 111.32(3) (3) An owner or operator of the facility complying with the option II requirements under s. NR 111.31 (2) shall monitor to demonstrate achievement of reductions commensurate with a closed-cycle recirculating system. The owner or operator of the facility shall monitor entrainable organisms at a proximity to the intake that is representative of the entrainable organisms in the absence of the intake structure. The owner or operator of the facility shall also monitor the latent entrainment mortality in front of the intake structure. Mortality after passing the cooling water intake structure shall be counted as 100 percent mortality unless the owner or operator of the facility has demonstrated to the approval of the department that the mortality for each species is less than 100 percent. Monitoring shall be representative of the cooling water intake when the structure is in operation. In addition, sufficient samples shall be collected to allow for calculation of annual average entrainment levels of all life stages of fish and shellfish. Specific monitoring protocols and frequency of monitoring shall be determined by the department. The owner or operator of the facility shall follow the monitoring frequencies identified by the department for at least 2 years after the initial permit issuance. After that time, the department may approve a request for less frequent monitoring in the remaining years of the permit term and when a subsequent permit is reissued. The monitoring shall measure the total count of entrainable organisms or density of organisms, unless the department approves of a different metric for such measurements. In addition, the owner or operator of the facility shall monitor the actual flow withdrawn for each intake. The actual flow withdrawn shall be measured at the same time as collection of the samples of entrainable organisms. The department may require additional monitoring necessary to demonstrate compliance with s. NR 111.31.

NR 111.32(4) (4) The owner or operator of the facility shall comply with any additional monitoring for impingement or entrainment at the cooling water intake structure used by a new unit, including any of the following:

NR 111.32(4)(a) (a) The department may require additional monitoring if there are changes in operating conditions at the facility or in the source waterbody that warrant a re-examination of the operational conditions specified in s. NR 111.41 (7).

NR 111.32(4)(b) (b) The department may require additional monitoring for species not subject to the BTA requirements for impingement mortality under s. NR 111.12. Such monitoring requirements shall be determined by the department on a site-specific basis.

NR 111.32 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

subch. V of ch. NR 111 Subchapter V — Application Procedures

NR 111.40 NR 111.40 Application requirements.

NR 111.40(1) (1) New facilities with new or modified cooling water intake structures. A new facility with a cooling water intake structure shall submit all of the following information to the department for review:

NR 111.40(1)(a) (a) The information required under s. NR 111.41 (1), (2), (3) (a) to (c) 1., and (17).

NR 111.40(1)(b) (b) A statement that the facility intends to comply with one of the following:

NR 111.40(1)(b)1. 1. The track I requirements for new facilities specified in s. NR 111.21 (2) (a).

NR 111.40(1)(b)2. 2. The track II requirements for new facilities specified in s. NR 111.21 (2) (b).

NR 111.40(1)(c) (c) Facilities choosing to comply with the track I requirements specified in s. NR 111.21 (2) (a) shall also submit the information required under s. NR 111.41 (15), (16), and (18).

NR 111.40(1)(d) (d) Facilities choosing to comply with the track II requirements specified in s. NR 111.21 (2) (b) shall also submit the information required under NR 111.41 (19).

NR 111.40(2) (2) Existing facilities with cooling water intake structures.

NR 111.40(2)(a) (a) Existing facilities that withdraw less than or equal to 2 MGD DIF or use less than 25 percent exclusively for cooling. The owner or operator of an existing facility designed to withdraw less than or equal to 2 MGD DIF or that uses less than 25 percent of the total water withdrawn exclusively for cooling purposes shall submit to the department any information requested by the department that is needed to inform a BTA determination.

NR 111.40(2)(b) (b) Existing facilities that withdraw greater than 2 MGD DIF and less than or equal to 125 MGD AIF. The owner or operator of an existing facility that withdraws greater than 2 MGD DIF and less than or equal to 125 MGD AIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes shall submit to the department for review the information required under s. NR 111.41 (1), (2), and (13) and applicable provisions of s. NR 111.41 (3) to (7).

NR 111.40(2)(c) (c) Existing facilities that withdraw greater than 125 MGD AIF. The owner or operator of an existing facility that withdraws greater than 125 MGD AIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes, as defined in s. NR 111.03 (1), shall submit to the department for review the information required under s. NR 111.41 (1), (2), and (8) to (12) and applicable provisions of s. NR 111.41 (3) to (7).

NR 111.40(2)(d) (d) Reduced information. If the owner or operator of an existing facility intends to comply with the BTA standards for entrainment using a closed-cycle recirculating system as defined in s. NR 111.03 (5), the department may reduce or waive some or all of the information required under s. NR 111.41 (8) to (12).

NR 111.40(2)(e) (e) Communication with U.S. fish and wildlife service. In addition to requirements specified in pars. (a) to (d), the owner or operator of the facility shall also submit with its permit application all information received as a result of any communication with a field office of the U.S. fish and wildlife service.

NR 111.40(2)(f) (f) Additional information. The owner or operator of an existing facility shall submit any additional information that the department determines is necessary under s. NR 111.42 (2).

NR 111.40(3) (3) New units at existing facilities.

NR 111.40(3)(a) (a) New units at existing facilities. The owner or operator of a new unit at an existing facility shall submit or update any information previously provided to the department by submitting the information required under s. NR 111.41 (1), (2), (4), (7), and (14) and applicable provisions of s. NR 111.41 (3), (5), and (6). Requests for and approvals of alternative requirements sought under s. NR 111.31 (2) (b) or (3) shall be submitted with the permit application.

NR 111.40(3)(b) (b) New units at existing facilities not previously subject to this chapter. The owner or operator of a new unit at an existing facility not previously subject to this chapter that increases the total capacity of the existing facility to more than 2 MGD DIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes shall submit the information required under s. NR 111.41 (1), (2), (4), and (7) and applicable provisions of s. NR 111.41 (3), (5), and (6) at the time of the permit application for the new unit. Requests for alternative requirements under s. NR 111.31 (2) (b) or (3) shall be submitted with the permit application. If the total capacity of the facility will increase to more than 125 MGD AIF, the owner or operator shall also submit the information required under s. NR 111.41 (8) to (12).

NR 111.40(3)(c) (c) All new units at existing facilities. The owner or operator of a new unit at an existing facility shall also submit with its permit application all information received as a result of any communication with a field office of the U.S. fish and wildlife service.

NR 111.40(3)(d) (d) Reduced information. If the owner or operator of a new unit at an existing facility intends to comply with the BTA standards for entrainment using a closed-cycle recirculating system as defined in s. NR 111.03 (5), the department may reduce or waive some or all of the information required under s. NR 111.41 (8) to (12).

NR 111.40(4) (4) Retirements.

NR 111.40(4)(a) (a) Within the current permit term. If the owner or operator of an existing facility plans to retire the facility before the current permit expires, then the requirements of subs. (2) and (3) do not apply.

NR 111.40(4)(b) (b) Within the subsequent permit term. If the owner or operator of an existing facility plans to retire the facility after the current permit expires but within one permit cycle, then the department may waive the requirements of s. NR 111.41 (6) to (13) upon receiving a signed certification statement from the owner or operator of the facility specifying the last operating date of the facility.

NR 111.40 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 111.41 NR 111.41 Application materials.

NR 111.41(1) (1) Source water physical data. As part of the source water physical data, the applicant shall submit information including all of the following:

NR 111.41(1)(a) (a) A narrative description and scaled drawings showing the physical configuration of all source waterbodies used by the facility, including areal dimensions, depths, salinity and temperature regimes, and other documentation that supports the facility’s determination of the waterbody type where each cooling water intake structure is located.

NR 111.41(1)(b) (b) Identification and characterization of the source waterbody’s hydrological and geomorphological features, as well as the methods used to conduct any physical studies to determine the intake’s area of influence within the waterbody and the results of such studies.

NR 111.41(1)(c) (c) Locational maps.

NR 111.41(2) (2) Cooling water intake structure data. As part of the cooling water intake structure data, the information submitted shall include all of the following:

NR 111.41(2)(a) (a) A narrative description of the configuration of each cooling water intake structure and where it is located in the waterbody and in the water column.

NR 111.41(2)(b) (b) Latitude and longitude in degrees, minutes, and seconds for each cooling water intake structure.

NR 111.41(2)(c) (c) A narrative description of the operation of each cooling water intake structure, including design intake flows, daily hours of operation, number of days of the year in operation and seasonal changes, if applicable.

NR 111.41(2)(d) (d) A flow distribution and water balance diagram that includes all sources of water to the facility, recirculating flows, and discharges.

NR 111.41(2)(e) (e) Engineering drawings of each cooling water intake structure.

NR 111.41(3) (3) Source water baseline biological characterization data. Source water baseline biological characterization information is required to characterize the biological community in the vicinity of the cooling water intake structure and to characterize the operation of the cooling water intake structure. The department may also use this information in subsequent permit renewal proceedings to determine if the facility’s design and construction technology plan as required under sub. (18) should be revised. This supporting information shall include existing data if they are available. However, the owner or operator of the facility may supplement the data using newly conducted field studies if desired. The owner or operator shall comply with all of the following:

NR 111.41(3)(a) (a) The owner or operator shall submit all of the following data or, if any of the data are not available, a description of efforts made to identify sources of that data:

NR 111.41(3)(a)1. 1. A list of species or relevant taxa for all life stages and their relative abundance in the vicinity of the cooling water intake structure.

NR 111.41(3)(a)2. 2. Identification of the species and life stages that would be most susceptible to impingement and entrainment. Species evaluated shall include the forage base as well as those most important in terms of significance to commercial and recreational fisheries.

NR 111.41(3)(a)3. 3. Identification and evaluation of the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa.

NR 111.41(3)(a)4. 4. Data representative of the seasonal and daily activities, such as feeding and water column migration, of biological organisms in the vicinity of the cooling water intake structure.

NR 111.41(3)(a)5. 5. Identification of all threatened, endangered, and other protected species and federally critical habitat that are or may be present in the vicinity of the cooling water intake structure, based on readily available information at the time of permit application. In addition, in developing its permit application, the owner or operator of an existing facility or new unit at an existing facility shall, based on readily available information at the time of the permit application, identify all federally listed threatened and endangered species or federally designated critical habitat that are or may be present in the action area. For an existing facility for which the owner or operator has obtained incidental take exemption or authorization for its cooling water intake structure from the U.S. fish and wildlife service, any information submitted in order to obtain that exemption or authorization may be used to satisfy the permit application information requirement under this subdivision.

NR 111.41(3)(b) (b) If the applicant supplements the information requested in par. (a) with data collected using field studies, supporting documentation for the source water baseline biological characterization shall include a description of all methods and quality assurance procedures for sampling. It also shall include data analysis, including a description of the study area; taxonomic identification of sampled and evaluated biological assemblages, including all life stages of fish and shellfish; and sampling and data analysis methods. The sampling and data analysis methods used shall be appropriate for a quantitative survey and based on consideration of methods used in other biological studies performed within the same source waterbody. The study area shall include, at a minimum, the area of influence of the cooling water intake structure.

NR 111.41(3)(c) (c) The applicant shall submit all of the following additional information:

NR 111.41(3)(c)1. 1. Documentation of any public participation or consultation with federal or state agencies undertaken in development of the plan.

NR 111.41(3)(c)2. 2. A description of protective measures and stabilization activities that have been implemented, and a description of how these measures and activities affected the baseline water condition in the vicinity of the intake.

NR 111.41(3)(c)3. 3. A list of fragile species at the facility. The applicant need only identify those species not already identified as fragile under s. NR 111.03 (18). New units at an existing facility are not required to resubmit this information if the cooling water withdrawals for the operation of the new unit are from an existing intake.