Chapter NR 111

Register July 2010 No. 655

Chapter NR 111

COOLING WATER INTAKE STRUCTURES

Subchapter I — General

NR 111.01   Purpose.

NR 111.02   Applicability.

NR 111.03   Definitions.

Subchapter II — Existing Facilities

NR 111.10   Requirement to comply with BTA standards.

NR 111.11   Timing of BTA determinations.

NR 111.12   Impingement mortality BTA standards.

NR 111.13   Entrainment BTA standards.

NR 111.14   Monitoring requirements.

NR 111.15   Recordkeeping and reporting requirements.

NR 111.16   Protection of threatened and endangered species and fragile species.

Subchapter III — New Facilities

NR 111.20   Requirement to comply with performance standards.

NR 111.21   Performance standards.

NR 111.22   Monitoring requirements.

NR 111.23   Recordkeeping and reporting requirements.

NR 111.24   Review of design and construction technologies to minimize impingement mortality and entrainment.

NR 111.25   Timing.

Subchapter IV — New Units at Existing Facilities

NR 111.30   Requirement to comply with BTA standards.

NR 111.31   BTA standards.

NR 111.32   Monitoring requirements.

Subchapter V — Application Procedures

NR 111.40   Application requirements.

NR 111.41   Application materials.

NR 111.42   General application process provisions.

subch. I of ch. NR 111 Subchapter I — General

NR 111.01 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 and existing 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.

NR 111.01 Note Note: This regulation does not authorize take, as defined by the federal endangered species act, 16 USC 1532 (19), or Wisconsin’s endangered species law, s. 29.604, Stats. The U.S. fish and wildlife service and the state of Wisconsin have determined that any impingement, including entrapment or entrainment of federally- or state-listed species constitutes take. Such take of federally-listed species 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). Such take of state-listed species may be authorized pursuant to the conditions of a permit or authorization issued under s. 29.604 (6m) or (6r), Stats.

NR 111.01 Note Note: A permittee subject to this rule shall still comply with all state and federal threatened and endangered species laws for all organisms that could be adversely impacted by the permittee’s cooling water intake structures, including amphibians, reptiles, and other aquatic invertebrates.

NR 111.01 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.02 NR 111.02 Applicability.

NR 111.02(1) (1) In this section:

NR 111.02(1)(a) (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).

NR 111.02(1)(b) (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).

NR 111.02(2) (2) This chapter applies to a facility that meets all of the following conditions:

NR 111.02(2)(a) (a) The facility is a point source as defined in s. 283.01 (12), Stats.

NR 111.02(2)(b) (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.

NR 111.02(2)(c) (c) The facility has or proposes to have at least one cooling water intake structure and uses or proposes to use at least 25 percent of the total water withdrawn on a whole-facility basis exclusively for cooling purposes as specified in sub. (6).

NR 111.02(3) (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:

NR 111.02(3)(a) (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.

NR 111.02(3)(b) (b)

NR 111.02(3)(b)1. 1. A facility shall be classified as a new facility if all of the following apply:

NR 111.02(3)(b)1.a. 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).

NR 111.02(3)(b)1.b. b. The facility is either a greenfield facility or stand-alone facility.

NR 111.02(3)(b)1.c. c. Construction commenced on the facility after January 17, 2002.

NR 111.02(3)(b)1.d. 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.

NR 111.02(3)(b)2. 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.

NR 111.02(3)(b)3. 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.

NR 111.02(3)(c) (c) A facility cannot be both an existing facility and a new facility.

NR 111.02(4) (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.

NR 111.02(5) (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.

NR 111.02(6) (6) Whether the amount of water used exclusively for cooling at a given facility exceeds the 25 percent threshold specified in sub. (2) (c) shall be determined as follows:

NR 111.02(6)(a) (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.

NR 111.02(6)(b) (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.

NR 111.02(7) (7) A facility with an intake structure not subject to the requirements of this chapter as provided in sub. (2) shall meet requirements established by the department on a case-by-case, best professional judgment basis, as specified in s. 283.31, Stats.

NR 111.02 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.03 NR 111.03 Definitions. In this chapter:

NR 111.03(1) (1) “Actual intake flow,” or “AIF,” means the average volume of water withdrawn on an annual basis by the cooling water intake structures over the past 3 years. After October 14, 2019, “actual intake flow” means the average volume of water withdrawn on an annual basis by the cooling water intake structures over the previous 5 years. AIF is measured at a location within the cooling water intake structure that the department deems appropriate. The calculation of AIF includes days of zero flow. AIF does not include flows associated with emergency and fire suppression capacity.

NR 111.03(2) (2) “All life stages of fish and shellfish” means eggs, larvae, juveniles, and adults. “All life stages of fish and shellfish” does not include nuisance species.

NR 111.03(3) (3) “Annual mean flow” means the average of daily flows over a calendar year, calculated using historical data up to 10 years when available.

NR 111.03(4) (4) “BTA” means best technology available for minimizing adverse environmental impact associated with a cooling water intake structure.