8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Not applicable.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The economic impact analysis was done by creating four categories of compliance with the federal rule, estimating the cost of compliance associated with each category, and then finally estimating the number of facilities in each category. The four categories are: currently in compliance with lower operating costs, currently in compliance with higher operating costs, not in compliance with the 0.5 feet per second (fps) standard and has a lower cost of coming into compliance, and not in in compliance with the 0.5 fps standard and has a higher cost of coming into compliance. The following documents were used to make the economic impact analysis:
- Economic and Benefits Analysis for the Final Section 316(b) Phase II Existing Facilities Rule. EPA-821-R-04-005 (February 2004).
- Technical Development Document for the Final Section 316(b) Phase II Existing Facilities Rule EPA 821-R-04-007 DCN 6-0004 (February 12, 2004).
- “Technical Development Document for the Final Section 316(b) Existing Facilities Rule,” U.S. Environmental Protection Agency EPA-821-R-14-002 (May 2014).
10. Effect on Small Business (initial regulatory flexibility analysis):
The rule will primarily impact power plants and paper mills in Wisconsin and is not expected to affect small businesses. It is expected that no or very few small businesses with an intake structure have intakes with design intake flows that are greater than the minimum threshold and therefore would be subject to the federal rule.
11. Agency Contact Person:
Emma Lorenzen
Wisconsin Department of Natural Resources
Bureau of Water Quality WY/3
101 S. Webster Street
PO Box 7921
Madison, WI 53707-7921
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Emma Lorenzen
Department of Natural Resources
Bureau of Water Quality WY/3
101 S. Webster Street
PO Box 7921
Madison, WI 53707-7921
(608) 267-7643
The consent of the Attorney General will be requested for the incorporation by reference of 40 CFR 122.2, 122.29(b) (1), (2), (4), ss. NR 40.04 (2) (d), ss. NR 40.05 (2) (d), s. NR 20.38, s. NR 205.07(1)(g) and s. 283.01(12), Stats.
Section 1. NR 111 is created to read:
COOLING WATER INTAKE STRUCTURES
SUBCHAPTER I
GENERAL
NR 111.01 Purpose. The purpose of this chapter is to establish requirements that apply to cooling water intake structures, including requirements that apply to location, design, construction, and capacity of cooling water intake structures at new facilities. The chapter includes standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures, including permit application requirements and information submission requirements, for establishing the appropriate technology requirements at certain specified facilities, and monitoring, reporting, and recordkeeping requirements to demonstrate compliance. In combination, these components represent the best technology available for minimizing adverse environmental impact associated with the use of cooling water intake structures. These requirements are established and implemented in Wisconsin pollutant discharge elimination system permits issued under s. 283.31 (6), Stats. Note: This regulation does not authorize take, as defined by the endangered species act, 16 USC 1532 (19). The U.S. fish and wildlife service has determined that any impingement, including entrapment or entrainment of federally-listed species constitutes take. Such take may be authorized pursuant to the conditions of a permit issued under 16 USC 1539 (a) or where consistent with an incidental take statement contained in a biological opinion pursuant to 16 USC 1536 (o). NR 111.02 Applicability.
(1) In this section:
(a) “Greenfield facility” means a facility that is constructed at a site at which no other source is located, or that totally replaces the process or production equipment at an existing facility, as specified in 40 CFR 122.29 (b) (1) (i) and (ii). (b) “Stand-alone facility” means a new, separate facility that is constructed on property where an existing facility is located and whose processes are substantially independent of the existing facility at the same site, as specified in 40 CFR 122.29 (b) (1) (iii). (2) This chapter applies to a facility that meets all of the following conditions:
(a) The facility is a point source.
(b) The facility uses or proposes to use one or more cooling water intake structures with a cumulative design intake flow greater than 2 million gallons per day.
(c) The facility has at least one cooling water intake structure and uses at least 25 percent of the total water withdrawn on a whole-facility basis exclusively for cooling purposes as specified in sub. (6).
(3) For purposes of this chapter, a facility may be classified as either an existing facility or a new facility, in accordance with all of the following:
(a) A facility shall be classified as an existing facility if construction commenced on the facility on or before January 17, 2002. Any modification of the facility or any addition of a unit at the facility does not change its classification as an existing facility.
(b) 1. A facility shall be classified as a new facility if all of the following apply:
a. The facility consists of any building, structure, facility, or installation that meets the definition and criteria of a “new source” or “new discharger” under 40 CFR 122.2 and 122.29 (b) (1), (2), and (4) b. The facility is either a greenfield or stand-alone facility.
c. Construction commenced on the facility after January 17, 2002.
d. The facility uses either a newly constructed cooling water intake structure, or an existing cooling water intake structure whose design capacity is increased to accommodate the intake of additional cooling water.
2. New units that are added to a facility for the purposes of the same general industrial operation, such as new peaking units at an electrical generating station, shall not be considered new facilities.
3. A facility that has been built adjacent to a facility that qualifies as an existing facility under par. (a) is a new facility if it otherwise meets the standards for a new facility under this paragraph, while the original facility remains as an existing facility.
(c) A facility cannot be both an existing facility and a new facility.
(4) Use of a cooling water intake structure includes obtaining cooling water by any contract or arrangement with one or more independent suppliers of cooling water if the supplier withdraws water from surface waters of the state. An owner or operator of an existing facility may not circumvent these requirements by creating special arrangements to receive cooling water from an entity that is not itself a facility subject to this chapter.
(5) Obtaining cooling water from a public water system, using reclaimed water from wastewater treatment facilities or desalination plants, or recycling treated process wastewater effluent as cooling water does not constitute use of a cooling water intake structure for the purposes of this chapter.
(6) Whether the amount of water used exclusively for cooling at a given facility exceeds the 25 percent threshold shall be determined as follows:
(a) A new facility exceeds the 25 percent cooling water threshold if, based on the new facility's design, any monthly average over a year for the percentage of cooling water withdrawn is expected to equal or exceed 25 percent of the total water withdrawn.
(b) An existing facility or a new unit at an existing facility exceeds the 25 percent cooling water threshold if, on an actual intake flow basis as defined in s. NR 111.03 (1), at least 25 percent of water withdrawn is used for cooling purposes.
