Chapter NR 111

NR 111.21(2)(b)2.b. b. For cooling water intake structures located in a lake or reservoir, the total DIF shall not disrupt the natural thermal stratification or turnover pattern, where present, of the source water except in cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish by any fishery management agency. In determining whether or not disruption will occur, the department shall consider anthropogenic factors unrelated to the new facility’s cooling water intake structure that can influence the occurrence and location of a thermocline, including source water inflows, other water withdrawals, managed water uses, wastewater discharges, and flow and level management practices.

NR 111.21(3) (3) More stringent standards. The owner or operator of the facility shall comply with any requirements that are more stringent than those under sub. (2) relating to the location, design, construction, and capacity of a cooling water intake structure or monitoring requirements at a new facility that the department deems are necessary to comply with any provision of state law including applicable water quality standards.

NR 111.21(4) (4) Alternative requirements. Upon request, alternative requirements less stringent than those specified in subs. (2) and (3) may be imposed in the permit. The department may establish alternative less stringent requirements only if all of the following are demonstrated by the person requesting the alternative requirements:

NR 111.21(4)(a) (a) There is an applicable requirement under sub. (2) or (3).

NR 111.21(4)(b) (b) The department determines that data specific to the facility indicate that compliance with the requirement at issue 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, local water resources other than impingement or entrainment, or local energy markets.

NR 111.21(4)(c) (c) The alternative requirement requested is no less stringent than justified by the wholly out of proportion cost or the significant adverse impacts on local air quality, local water resources other than impingement or entrainment, or local energy markets.

NR 111.21(4)(d) (d) The alternative requirement will ensure compliance with other applicable provisions of the federal clean water act and any applicable requirement of state or tribal law.

NR 111.21 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.22 NR 111.22 Monitoring requirements. An owner or operator of a facility to which this subchapter applies shall perform all of the following monitoring:

NR 111.22(1) (1) Biological monitoring.

NR 111.22(1)(a) (a) Impingement and entrainment monitoring. The owner or operator of the facility shall monitor both impingement and entrainment of the commercial, recreational, and forage base fish and shellfish species identified in either the source water baseline biological characterization data required under s. NR 111.41 (3) or the comprehensive demonstration study required under s. NR 111.41 (19), depending on whether the owner or operator of the facility chooses to comply with s. NR 111.21 (2) (a) or (b).

NR 111.22(1)(b) (b) Impingement and entrainment monitoring methods. The monitoring methods used shall be consistent with those used for the source water baseline biological characterization data required under s. NR 111.41 (3) or the comprehensive demonstration study required under s. NR 111.41 (19).

NR 111.22(1)(c) (c) Impingement and entrainment monitoring frequency. The owner or operator of the facility shall monitor at the frequencies identified in pars. (d) to (f) for at least two years after the initial permit issuance. After that time, the department may approve a request for less frequent sampling in the remaining years of the permit term and when the permit is reissued, if the department determines the supporting data show that less frequent monitoring would still allow for the detection of any seasonal and daily variations in the species and numbers of individuals that are impinged or entrained.

NR 111.22(1)(d) (d) Impingement sampling. The owner or operator of the facility shall collect samples to monitor impingement rates for each species over a 24-hour period and no less than once per month when the cooling water intake structure is in operation.

NR 111.22(1)(e) (e) Entrainment sampling. The owner or operator of the facility shall collect samples at least every other week to monitor entrainment rates for each species over a 24-hour period during the primary period of reproduction, larval recruitment, and peak abundance, as identified by the department. Samples shall be collected only when the cooling water intake structure is in operation.

NR 111.22(1)(f) (f) Authority to modify. The department may modify the monitoring program when the permit is reissued and during the term of the permit based on changes in physical or biological conditions in the vicinity of the cooling water intake structure. The department may require continued monitoring based on the results of the verification monitoring plan in the track II comprehensive demonstration study required under s. NR 111.41 (19) (c) 3.

NR 111.22(2) (2) Velocity monitoring. An owner or operator of the facility using surface water intake screen systems shall continuously monitor head loss across the screens and correlate the measured value with the design intake velocity. The head loss across the intake screen shall be measured at the minimum ambient source water surface elevation, based on the Q7,10 flow or the department’s best professional judgment and available hydrological data. The maximum head loss across the screen for each cooling water intake structure shall be used to determine compliance with the velocity requirement specified in s. NR 111.21 (2) (a) 2. An alternate frequency for monitoring head loss or velocity may be approved by the department if continuous monitoring would be infeasible or overly burdensome. The alternate frequency shall at a minimum monitor head loss or velocity during initial facility startup and thereafter at the frequency specified in the WPDES permit but no less than once per quarter. An owner or operator of the facility using devices other than surface intake screens shall monitor velocity at the point of entry through that device.

NR 111.22(3) (3) Flow rate monitoring. The owner or operator of the facility shall monitor the total volume of water withdrawn and the percent used for cooling on a daily basis. Alternatively, an owner or operator of a facility may report percent of flow used for cooling on a less frequent basis if daily monitoring is infeasible or overly burdensome and if the department approves an alternate method of estimating this value. Additionally, if applicable, make-up water and blowdown daily flow rates shall be monitored. The department may require additional monitoring necessary to demonstrate compliance with s. NR 111.21.

NR 111.22(4) (4) Visual or remote inspections. The owner or operator of the facility shall either conduct visual inspections or employ remote monitoring devices during the period the cooling water intake structure is in operation. Such inspections shall be performed at least weekly to ensure that any design and construction technologies required in s. NR 111.21 are maintained and operated to ensure that they will continue to function as designed.

NR 111.22(5) (5) Track II facilities. Facilities that choose to comply with the track II requirements under s. NR 111.21 (2) (b) shall also comply with the verification monitoring plan requirements specified in s. NR 111.41 (19) (c) 3.

NR 111.22 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.23 NR 111.23 Recordkeeping and reporting requirements. The owner or operator of the facility shall report and keep records according to all of the following requirements:

NR 111.23(1) (1) The owner or operator of the facility shall keep records of all the data used to complete the permit application and show compliance with the requirements, any supplemental information developed for the permit application materials, and any compliance monitoring data submitted under s. NR 111.22 for a period of at least 3 years from the date of permit issuance. The department may require that these records be kept for a longer period.

NR 111.23(2) (2) The owner or operator of the facility shall provide all of the following information to the department in a yearly status report:

NR 111.23(2)(a) (a) Biological monitoring records for each cooling water intake structure as required under s. NR 111.22 (1).

NR 111.23(2)(b) (b) Velocity and head loss monitoring records for each cooling water intake structure as required under s. NR 111.22 (2).

NR 111.23(2)(c) (c) Records of visual or remote inspections as required under s. NR 111.22 (4).

NR 111.23 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

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

NR 111.24(1) (1) Track I. All of the following department actions are required for track I new facilities:

NR 111.24(1)(a) (a) The department shall review the information submitted under s. NR 111.41 (18) to evaluate the suitability and feasibility of the technology proposed to minimize impingement mortality and entrainment of all life stages of fish and shellfish.

NR 111.24(1)(b) (b) In the first permit issued to a new facility, the department shall include a condition requiring the facility to reduce impingement mortality and entrainment commensurate with the implementation of the technologies in the permit.

NR 111.24(1)(c) (c) In permit reissuances, the department shall review the performance of the technologies implemented and require additional or different technologies if needed to minimize impingement mortality and entrainment of all life stages of fish and shellfish.

NR 111.24(1)(d) (d) The department shall consider whether more stringent conditions are reasonably necessary in accordance with s. NR 111.21 (3).

NR 111.24(2) (2) Track II. All of the following department actions are required for track II new facilities:

NR 111.24(2)(a) (a) The department shall review the information submitted under s. NR 111.41 (19) and evaluate the suitability of the proposed technologies and operational measures to determine whether or not they will reduce both impingement mortality and entrainment of all life stages of fish and shellfish to 90 percent or greater of the reduction that could be achieved through track I. If the department determines they do not, the owner or operator of the facility shall further reduce the level of adverse environmental impact from the cooling water intake structure to such a level before the permit may be issued.

NR 111.24(2)(b) (b) In permit reissuances, the department shall review the performance of the additional or different technologies or measures used and determine whether or not they reduce the level of adverse environmental impact from the cooling water intake structure to a comparable level that the facility would achieve were it to implement the requirements specified in s. NR 111.21 (2) (a) 1. and 2. If the department determines they do not, the owner or operator of the facility shall further reduce the level of adverse environmental impact from the cooling water intake structure to a comparable level that the facility would achieve were it to implement the requirements specified in s. NR 111.21 (2) (a) 1. and 2.

NR 111.24 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

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.