Chapter NR 111

NR 111.41(11)(f) (f) Estimates of expected significant changes in consumption of water, including a facility-specific comparison of the evaporative losses of both once-through cooling and closed-cycle recirculating systems, and documentation of impacts attributable to changes in water consumption.

NR 111.41(11)(g) (g) A discussion of all reasonable attempts to mitigate each of the factors specified in pars. (a) to (f).

NR 111.41(12) (12) Peer review. If the applicant is required to submit studies under subs. (9) to (11), the applicant shall conduct an external peer review of each report to be submitted with the permit application. The applicant shall select peer reviewers and notify the department in advance of the peer review. The department may disapprove of a peer reviewer or require additional peer reviewers. The department may confer with the U.S. environmental protection agency; federal, state, and tribal fish and wildlife management agencies with responsibility for fish and wildlife potentially affected by the cooling water intake structure; independent system operators; and state public utility regulatory agencies to determine which peer review comments shall be addressed. The applicant shall provide an explanation for any significant reviewer comments not accepted. Peer reviewers shall have appropriate qualifications and their names and credentials shall be included in the peer review report.

NR 111.41(13) (13) Alternatives analysis for candidate entrainment BTA. An owner or operator operating a facility that withdraws greater than 2 MGD DIF and less than or equal to 125 MGD AIF shall submit information on analysis of available entrainment reduction technologies and strategies if the applicant has such information at the time of permit application. Information on analysis of available entrainment reduction technologies and strategies includes an evaluation of closed-cycle recirculating systems, fine mesh screens with a mesh size of 2 millimeters or smaller, variable speed pumps, water reuse or alternate sources of cooling water, and any additional technologies identified by the applicant. The submittal shall include the following, as appropriate and available:

NR 111.41(13)(a) (a) All of the following if the applicant has the information at the time of permit application:

NR 111.41(13)(a)1. 1. Numbers and types of organisms entrained, including the numbers and species, or lowest taxonomic classification possible, of threatened and endangered species and federally designated critical habitat, such as prey base.

NR 111.41(13)(a)2. 2. Impact of changes in particulate emissions or other pollutants associated with entrainment technologies.

NR 111.41(13)(a)3. 3. Land availability as it relates to the feasibility of entrainment technology.

NR 111.41(13)(a)4. 4. Remaining useful plant life.

NR 111.41(13)(a)5. 5. Quantified and qualitative social benefits and costs of available entrainment technologies, when such information on both benefits and costs is of sufficient rigor to make a decision.

NR 111.41(13)(b) (b) Any of the following information that the applicant has at the time of the permit application:

NR 111.41(13)(b)1. 1. Entrainment impacts on the waterbody.

NR 111.41(13)(b)2. 2. Thermal discharge impacts.

NR 111.41(13)(b)3. 3. Credit for reductions in flow associated with the retirement of units occurring within 10 years preceding October 14, 2014.

NR 111.41(13)(b)4. 4. Impacts on the reliability of energy delivery within the immediate area.

NR 111.41(13)(b)5. 5. Impacts on water consumption.

NR 111.41(13)(b)6. 6. Availability of process water, gray water, wastewater, reclaimed water, or other waters of appropriate quantity and quality for reuse as cooling water.

NR 111.41 Note Note: An owner or operator of a facility is not required to collect any new information or create any new documents as a part of this subsection. Any collection of data or creation of documents is optional.

NR 111.41(14) (14) New units at existing facilities. The applicant shall identify the chosen compliance method for the new unit. In addition, the owner or operator that selects the BTA standards for new units under s. NR 111.31 (2) (b) as its route to compliance shall submit information to demonstrate entrainment reductions equivalent to 90 percent or greater of the reduction that could be achieved through compliance with s. NR 111.31 (2) (a). The demonstration shall include the entrainment characterization study specified in sub. (8). In addition, if data specific to the facility indicates that compliance with the BTA requirements for each new unit would result in compliance costs wholly out of proportion to the costs the U.S. environmental protection agency considered in establishing the requirements at issue or would result in significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement and entrainment, or significant adverse impacts on local energy markets, the applicant shall submit all supporting data as part of this subsection. The department may require that additional data and information, including monitoring, be included as part of this subsection.

NR 111.41(15) (15) Flow reduction information. If the owner or operator is required to comply with the flow reduction requirements specified in s. NR 111.21 (2) (a) 1., the owner or operator of the facility shall submit all of the following information to the department to demonstrate that flow has been reduced to a level commensurate with that which can be attained by a closed-cycle recirculating cooling water system:

NR 111.41(15)(a) (a) A narrative description of the system that has been designed to reduce intake flow and any engineering calculations, including documentation that make-up and blowdown flows have been minimized.

NR 111.41(15)(b) (b) If the flow reduction requirement is met entirely, or in part, by reusing or recycling water withdrawn for cooling purposes in subsequent industrial processes, documentation that the amount of cooling water that is not reused or recycled has been minimized.

NR 111.41(16) (16) Velocity information. The owner or operator of the facility shall submit all of the following information to the department to demonstrate compliance with the requirement to meet a maximum design intake velocity of no more than 0.5 feet per second at each cooling water intake structure as specified in s. NR 111.21 (2) (a) 2.:

NR 111.41(16)(a) (a) A narrative description of the design, structure, equipment, and operation used to meet the velocity requirement.

NR 111.41(16)(b) (b) Design calculations showing that the velocity requirement will be met at minimum ambient source water surface elevations based on the 7-day Q10 flow or best professional judgment using available hydrological data, and maximum head loss across the screens or other device.

NR 111.41(17) (17) Source waterbody flow information. The owner or operator of the facility shall submit to the department all of the following information to demonstrate that the cooling water intake structure meets the flow requirements specified in s. NR 111.21 (2) (a) 3. or (2) (b) 2.:

NR 111.41(17)(a) (a) If the cooling water intake structure is located in a river or stream, the annual mean flow and any supporting documentation and engineering calculations to show that the cooling water intake structure meets the flow requirements.

NR 111.41(17)(b) (b) If the cooling water intake structure is located in a lake or reservoir, a narrative description of the waterbody thermal stratification and any supporting documentation and engineering calculations to show that the natural thermal stratification and turnover pattern will not be disrupted by the total design intake flow. In cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish, the owner or operator of the facility shall provide supporting documentation and include a written concurrence from any fisheries management agencies with responsibility for fisheries potentially affected by the cooling water intake structure.

NR 111.41(18) (18) Design and construction technology plan. To comply with s. NR 111.21 (2) (a) 4. and 5., the owner or operator of the facility shall submit to the department a design and construction technology plan, which shall include all of the following:

NR 111.41(18)(a) (a) Delineation of the hydraulic zone of influence for the cooling water intake structure.

NR 111.41(18)(b) (b) A statement declaring whether each of following statements are true or false and any evidence necessary to support each claim:

NR 111.41(18)(b)1. 1. Threatened, endangered, or otherwise protected federal, state or tribal species or federally designated critical habitat for these species is present within the hydraulic zone of influence of the owner or operator’s cooling water intake structure.

NR 111.41(18)(b)2. 2. Migratory, sport, or commercial species of impingement concern pass through the hydraulic zone of influence of the owner or operator’s cooling water intake structure.

NR 111.41(18)(b)3. 3. The department, U.S. environmental protection agency, or U.S. fish and wildlife service has determined that the proposed facility, after meeting the technology-based performance requirements specified in s. NR 111.21 (2) (a) 1. to 3., will still contribute unacceptable stress to the protected species, federally designated critical habitat of those species, or species of concern.

NR 111.41(18)(b)4. 4. There are, or will be upon commencement of operation, undesirable cumulative stressors affecting entrainable life stages of species of concern to the department.

NR 111.41(18)(c) (c) A plan that explains the technologies and measures selected if the owner or operator of a new facility is required to install design and construction technologies or operational measures. The plan shall be based on information collected for the source water baseline biological characterization required under sub. (3). The plan shall include all of the following information:

NR 111.41(18)(c)1. 1. A narrative description of the design and operation of the design and construction technologies, including fish-handling and return systems, that the owner or operator will use to maximize the survival of the species expected to be most susceptible to impingement. Provide species-specific information that demonstrates the efficacy of the technology.

NR 111.41(18)(c)2. 2. A narrative description of the design and operation of the design and construction technologies that the owner or operator will use to minimize entrainment of the species expected to be the most susceptible to entrainment, which shall include species-specific information that demonstrates the efficacy of the technology.

NR 111.41(18)(c)3. 3. Design calculations, drawings, and estimates to support the descriptions provided in subds. 1. and 2.

NR 111.41 Note Note: Examples of appropriate technologies include wedgewire screens, fine mesh screens, fish handling and return systems, barrier nets, and aquatic filter barrier systems. Examples of appropriate operational measures include seasonal shutdowns, reductions in flow, and continuous operations of screens.

NR 111.41(19) (19) Track II comprehensive demonstration study. The owner or operator of the facility shall perform and submit the results of a comprehensive demonstration study. This information is required to characterize the source water baseline in the vicinity of the cooling water intake structure, characterize operation of the cooling water intake, and to confirm that the technology proposed or implemented at the cooling water intake structure reduces the impacts to fish and shellfish to levels comparable to those the owner or operator would achieve through implementation of the requirements specified in s. NR 111.21 (2) (a) 1. and 2. of track I. To meet this requirement, the owner or operator of the facility shall do all of the following:

NR 111.41(19)(a) (a) Demonstrate reduction of both impingement mortality and entrainment of all life stages of fish and shellfish to 90 percent or greater of the reduction that would be achieved through s. NR 111.21 (2) (a) 1. and 2.

NR 111.41(19)(b) (b) Develop and submit to the department a plan containing a proposal for how information will be collected to support the study. The plan shall include all of the following:

NR 111.41(19)(b)1. 1. A description of the proposed or implemented technologies to be evaluated in the study.

NR 111.41(19)(b)2. 2. A list and description of any historical studies characterizing the physical and biological conditions in the vicinity of the proposed or actual intakes and their relevancy to the proposed study. If the owner or operator proposes to rely on existing source waterbody data, the data shall be no more than 5 years old, the owner or operator of the facility shall demonstrate that the existing data are sufficient to develop a scientifically valid estimate of potential impingement and entrainment impacts, and the owner or operator of the facility shall provide documentation showing that the data were collected using appropriate quality assurance or quality control procedures.

NR 111.41(19)(b)3. 3. Documentation of any public participation or consultation with federal or state agencies undertaken in developing the plan.

NR 111.41(19)(b)4. 4. A sampling plan for data that will be collected using actual field studies in the source waterbody, including all of the following:

NR 111.41(19)(b)4.a. a. A description of all methods and quality assurance procedures that will be used for sampling and data analysis. The sampling and data analysis methods proposed shall be appropriate for a quantitative survey and based on consideration of methods used in other studies performed in the source waterbody.

NR 111.41(19)(b)4.b. b. A description of the study area, including the hydraulic zone of influence of the cooling water intake structure and at least 100 meters beyond.

NR 111.41(19)(b)4.c. c. Taxonomic identification of the sampled or evaluated biological assemblages, including all life stages of fish and shellfish.

NR 111.41(19)(c) (c) Submit documentation of the results of the study to the department. Documentation of the results of the study shall include all of the following:

NR 111.41(19)(c)1. 1. A source water biological study. The source water biological study shall include all of the following:

NR 111.41(19)(c)1.a. a. A taxonomic identification and characterization of aquatic biological resources, including a summary of historical and contemporary aquatic biological resources; determination and description of the target populations of concern; the species of fish and shellfish and all life stages that are most susceptible to impingement and entrainment; and a description of the abundance and a temporal and spatial characterization of the target populations based on the collection of multiple years of data to capture the seasonal and daily activities, such as spawning, feeding, and water column migration, of all life stages of fish and shellfish found in the vicinity of the cooling water intake structure.

NR 111.41(19)(c)1.b. b. An identification of all threatened or endangered species that may be susceptible to impingement and entrainment by the cooling water intake structure.

NR 111.41(19)(c)1.c. c. A description of additional chemical, water quality, and other anthropogenic stresses on the source waterbody.

NR 111.41(19)(c)2. 2. An evaluation of potential cooling water intake structure effects. This evaluation shall include all of the following:

NR 111.41(19)(c)2.a. a. Calculations of the reduction in impingement mortality and entrainment of all life stages of fish and shellfish that would need to be achieved by the selected technologies to meet requirements under track II. To do this, the owner or operator of the facility shall determine the reduction in impingement mortality and entrainment that would be achieved by implementing the requirements specified in s. NR 111.21 (2) (a) 1. and 2. of track I.

NR 111.41(19)(c)2.b. b. An engineering estimate of efficacy for the proposed or implemented technologies used to minimize impingement mortality and entrainment of all life stages of fish and shellfish and maximize survival of impinged life stages of fish and shellfish. The owner or operator of the facility shall demonstrate that the technologies reduce impingement mortality and entrainment of all life stages of fish and shellfish to a level comparable to that which the owner or operator would achieve through implementation of the requirements specified in s. NR 111.21 (2) (a) 1. and 2. of track I. The efficacy projection shall include a site-specific evaluation of technology suitability for reducing impingement mortality and entrainment based on the results of the source water biological study specified in subd. 1. Efficacy estimates may be determined based on case studies that have been conducted in the vicinity of the cooling water intake structure, or site-specific technology prototype studies.

NR 111.41(19)(c)3. 3. A verification monitoring plan. The owner or operator of the facility shall include in the study a plan to conduct, at a minimum, 2 years of monitoring to verify the full-scale performance of the proposed or implemented technologies and operational measures. The verification study shall begin at the start of operations of the cooling water intake structure and continue for a sufficient period of time to demonstrate that the facility is reducing the level of impingement and entrainment to the level documented in subd. 2. The plan shall describe the frequency of monitoring and the parameters to be monitored. The department will use the verification monitoring to confirm that the owner or operator is meeting the level of impingement mortality and entrainment reduction required in s. NR 111.21 (2) (b) and that the operation of the technology has been optimized.

NR 111.41 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (5) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register May 2020 No. 773.

NR 111.42 NR 111.42 General application process provisions.

NR 111.42(1) (1) Subsequent applications.

NR 111.42(1)(a) (a) Reduced information.

NR 111.42(1)(a)1. 1. An owner or operator of the facility may request to reduce the information required to be submitted under s. NR 111.40 if the criteria in subd. 2. a. or b. are satisfied. In order to request a waiver of required application materials, the owner or operator of the facility shall submit a request to the department at least 2 years and 6 months prior to the expiration of its WPDES permit. The owner or operator of the facility’s request shall identify each application material that it determines has not substantially changed since the previous permit application and the basis for the determination. The department has the discretion to accept or reject any part of the request.

NR 111.42(1)(a)2. 2. An owner or operator of the facility may make a request under subd. 1. if any of the following applies:

NR 111.42(1)(a)2.a. a. Conditions at the facility and in the waterbody remain substantially unchanged since the previous application, and the relevant previously submitted information remains representative of current source water, intake structure, cooling water system, and operating conditions. A request for a waiver under such conditions may only be granted after the initial submission of the application materials required under s. NR 111.41.

NR 111.42(1)(a)2.b. b. The intake is located in a manmade lake or reservoir and the fisheries are stocked and managed by a state or federal natural resources agency or the equivalent. If the manmade lake or reservoir contains threatened or endangered species or is a federally designated critical habitat, the request for the waiver may not be granted.

NR 111.42(1)(b) (b) Newly listed species and new federally designated critical habitat. Any habitat designated as critical or species listed as federally threatened or endangered after issuance of a WPDES permit whose range of habitat or federally designated critical habitat includes waters where a facility intake is located and could be impacted by the intake structure constitutes potential for a substantial change that shall be addressed by the owner or operator of the facility in subsequent permit applications, unless the facility received an exemption under 16 USC 1536 (o) or a permit or authorization under s. 29.604 (6m) or (6r), Stats., or a permit under 16 USC 1539 (a) or there is no reasonable expectation of take.

NR 111.42(2) (2) Additional information. The department has the discretion to request additional information to supplement the permit application, including making a request to inspect the facility, including any additional information from the facility recommended by the U.S. fish and wildlife service upon their review of the permit application under s. NR 111.16 (3).

NR 111.42(3) (3) Permit application records. To document compliance with the requirements under this section, the owner or operator of the facility shall keep records of all submissions that are part of its permit application until the subsequent permit is issued. If the department approves a request for reduced permit application studies under sub. (1) (a) or s. NR 111.11 (2) (c) 2., the owner or operator of the facility shall keep records of all submissions that are part of the previous permit application until the subsequent permit is issued.

NR 111.42(4) (4) Certification. The owner or operator of the facility shall certify that its permit application is true, accurate, and complete.

NR 111.42(5) (5) Application review. The department shall review the materials submitted by the owner or operator of a facility under s. NR 111.41 for completeness at the time of initial permit application and any application for a subsequent permit. The department may also consider previously submitted data and performance reviews in its review.

NR 111.42 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.