Chapter NR 111

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facility designed to withdraw less than or equal to 2 MGD DIF or that uses less than 25 percent of the total water withdrawn exclusively for cooling purposes shall submit to the department any information requested by the department that is needed to inform a BTA determination.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greater than 2 MGD DIF and less than or equal to 125 MGD AIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes shall submit to the department for review the information required under s. NR 111.41 (1), (2), and (13) and applicable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of an existing facility that withdraws greater than 125 MGD AIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes, as defined in s. NR 111.03 (1), shall submit to the department for review the information required under s. NR 111.41 (1),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.

NR 111.41(4) (4) Cooling water system data. The owner or operator of an existing facility shall submit the following information for each cooling water intake structure used or intended to be used:

NR 111.41(4)(a) (a) A description of the operations of the cooling water system and intake structure that shall include all of the following:

NR 111.41(4)(a)1. 1. A narrative description of the operation of the cooling water system and its relationship to cooling water intake structures.

NR 111.41(4)(a)2. 2. The proportion of the design intake flow that is used in the system.

NR 111.41(4)(a)3. 3. The number of days of the year the cooling water system is in operation and seasonal changes in the operation of the system, if applicable.

NR 111.41(4)(a)4. 4. The proportion of DIF for contact cooling, non-contact cooling, and process uses.

NR 111.41(4)(a)5. 5. A distribution of water reuse to include cooling water reused as process water, process water reused for cooling, and the use of gray water for cooling.

NR 111.41(4)(a)6. 6. A description of reductions in total water withdrawals including cooling water intake flow reductions already achieved through minimized process water withdrawals.

NR 111.41(4)(a)7. 7. A description of any cooling water that is used in a manufacturing process either before or after it is used for cooling, including other recycled process water flows.

NR 111.41(4)(a)8. 8. The proportion of the source waterbody withdrawn on a monthly basis.

NR 111.41(4)(b) (b) Design and engineering calculations prepared by a qualified professional and supporting data to support the description required under par. (a).

NR 111.41(4)(c) (c) A description of existing impingement and entrainment technologies or operational measures and a summary of their performance, including reductions in impingement mortality and entrainment due to intake location and reductions in total water withdrawals and usage.

NR 111.41(5) (5) Chosen methods of compliance with impingement mortality standard. The owner or operator of the facility shall identify the chosen compliance method under s. NR 111.12 for existing facilities or s. NR 111.31 for new units at existing facilities for the entire facility or for each cooling water intake structure at the facility. The applicant shall identify any intake structure for which a de minimis or low capacity utilization rate determination is requested under s. NR 111.12 (1) (b). Any owner or operator that chooses to comply with the modified traveling screens or system of technologies as the BTA for impingement mortality under s. NR 111.12 (1) (a) 5. or 6. shall also submit an impingement technology performance optimization study described as follows:

NR 111.41(5)(a) (a) If the applicant chooses to utilize modified traveling screens to comply with the BTA requirements for impingement mortality under s. NR 111.12 (1) (a) 5., the impingement technology performance optimization study shall include a minimum of 2 years of biological data collection measuring the reduction in impingement mortality achieved by the modified traveling screens and demonstrating that the operation has been optimized to minimize impingement mortality. A complete description of the modified traveling screens and associated equipment shall be included, including type of mesh, mesh slot size, pressure sprays, and fish return mechanisms. A description of any biological data collection and data collection approach used in measuring impingement mortality shall be included and shall include all of the following:

NR 111.41(5)(a)1. 1. Collection of data no less frequently than monthly. The department may require more frequent data collection or require a period of data collection longer than 2 years.

NR 111.41(5)(a)2. 2. Biological data collection representative of the impingement and impingement mortality at the intakes subject to this paragraph.

NR 111.41(5)(a)3. 3. A taxonomic identification to the lowest taxon possible of all organisms collected.

NR 111.41(5)(a)4. 4. The method in which naturally moribund organisms are identified and taken into account.

NR 111.41(5)(a)5. 5. The method in which mortality due to holding times is taken into account.

NR 111.41(5)(a)6. 6. If the facility entraps fish or shellfish, a count of entrapment as impingement mortality.

NR 111.41(5)(a)7. 7. The percent impingement mortality reflecting optimized operation of the modified traveling screen and all supporting calculations.

NR 111.41(5)(b) (b) If the applicant chooses to utilize a system of technologies to comply with the BTA requirements for impingement mortality under s. NR 111.12 (1) (a) 6., the impingement technology performance optimization study shall include biological data measuring the reduction in impingement mortality achieved by operation of the system of technologies, operational measures, and best management practices, and demonstrating that operation of the system has been optimized to minimize impingement mortality. This system of technologies, operational measures, and best management practices may include flow reductions, seasonal operation, unit closure, credit for intake location, and behavioral deterrent systems. The applicant shall document how each system element contributes to the system’s performance. The applicant shall include a minimum of 2 years of biological data measuring the reduction in impingement mortality achieved by the system. The applicant shall also include a description of any sampling or data collection approach used in measuring the rate of impingement, impingement mortality, or flow reductions. Additionally, the applicant shall include the following information, as applicable:

NR 111.41(5)(b)1. 1. If the demonstration relies in part on a credit for reductions in the rate of impingement in the system, the applicant shall provide an estimate of those reductions to be used as credit towards reducing impingement mortality, and any relevant supporting documentation, including previously collected biological data, performance reviews, and previously conducted performance studies not already submitted to the department. The submission of studies more than 10 years old shall include an explanation of why the data are still relevant and representative of conditions at the facility and explain how the data should be interpreted using the definitions of entrapment and impingement specified in s. NR 111.03 (14) and (20). The estimated reductions in rate of impingement shall be based on a comparison of the system to a once-through cooling system with a traveling screen whose point of withdrawal from the surface water source is located at the shoreline of the source waterbody. For impoundments that are waters of the state in part or whole, the facility’s rate of impingement shall be measured at a location within the cooling water intake system that the department deems appropriate. In addition, the applicant shall include 2 years of biological data collection demonstrating the rate of impingement resulting from the system. For this demonstration, the applicant shall collect data no less frequently than monthly, but the department may require more frequent data collection.

NR 111.41(5)(b)2. 2. If the demonstration relies in part on a credit for reductions in impingement mortality already obtained at the facility, the applicant shall include a minimum of 2 years of biological data collection demonstrating the level of impingement mortality the system is capable of achieving. The applicant shall submit any relevant supporting documentation, including previously collected biological data, performance reviews, and previously conducted performance studies not already submitted to the department. The applicant shall provide a description of any sampling or data collection approach used in measuring impingement mortality. In addition, for this demonstration the applicant shall do all of the following:

NR 111.41(5)(b)2.a. a. Collect data no less frequently than monthly. The department may establish more frequent data collection or require a period of data collection longer than 2 years.

NR 111.41(5)(b)2.b. b. Conduct biological data collection that is representative of the impingement and the impingement mortality at an intake subject to this subsection. In addition, the applicant shall describe how the location of the cooling water intake structure in the waterbody and the water column are accounted for in the points of data collection.

NR 111.41(5)(b)2.c. c. Include a taxonomic identification to the lowest taxon possible of all organisms to be collected.

NR 111.41(5)(b)2.d. d. Describe the method in which naturally moribund organisms are identified and taken into account.

NR 111.41(5)(b)2.e. e. Describe the method in which mortality due to holding times is taken into account.

NR 111.41(5)(b)2.f. f. If the facility entraps fish or shellfish, include a count of the entrapment as impingement mortality.

NR 111.41(5)(b)3. 3. If the demonstration relies in part on flow reduction to reduce impingement, the applicant shall include 2 years of intake flows, measured daily, as part of the demonstration, and describe the extent to which flow reductions are seasonal or intermittent. The applicant shall document how the flow reduction results in reduced impingement. In addition, the applicant shall describe how the reduction in impingement has reduced impingement mortality.

NR 111.41(5)(b)4. 4. The applicant shall document the percent impingement mortality reflecting optimized operation of the total system of technologies, operational measures, and best management practices and all supporting calculations. The total system performance is the combination of the impingement mortality performance reflected in subds. 1. to 3.

NR 111.41(6) (6) Entrainment performance studies. The owner or operator of an existing facility shall submit any previously conducted studies or studies obtained from other facilities addressing technology efficacy, through-facility entrainment survival, and other entrainment studies. Any such submittals shall include a description of each study, together with underlying data, and a summary of any conclusions or results. Any studies conducted at other locations shall include an explanation as to why the data are relevant and representative of conditions at the facility operated by the applicant and explain how the data should be interpreted using the definition of entrainment specified in s. NR 111.03 (12).

NR 111.41(7) (7) Operational status. The owner or operator of an existing facility shall submit a description of the operational status of each generating, production, or process unit that uses cooling water, including all of the following:

NR 111.41(7)(a) (a) For power production or steam generation, all of the following:

NR 111.41(7)(a)1. 1. Descriptions of individual unit operating status, including the age of each unit.

NR 111.41(7)(a)2. 2. The capacity utilization rate or equivalent for the previous 5 years, including any extended or unusual outages that significantly affect current data for flow, impingement, entrainment, or other factors.

NR 111.41(7)(a)3. 3. An identification of any operating unit with a capacity utilization rate of less than 8 percent averaged over a 24-month block contiguous period.

NR 111.41(7)(a)4. 4. Any major upgrades completed within the last 15 years, including boiler replacement, condenser replacement, turbine replacement, or changes to fuel type.

NR 111.41(7)(b) (b) For nuclear facilities, descriptions of completed, approved, or scheduled uprates and nuclear regulatory commission relicensing status of each unit.

NR 111.41(7)(c) (c) For process units at a facility that uses cooling water other than for power production or steam generation, for which the owner or operator intends to use reductions in flow or changes in operations to meet the requirement under s. NR 111.12, all of the following:

NR 111.41(7)(c)1. 1. Descriptions of individual production processes and product lines.

NR 111.41(7)(c)2. 2. Operating status, including the age of each line.

NR 111.41(7)(c)3. 3. Seasonal operation, including any extended or unusual outages that significantly affect current data for flow, impingement, entrainment, or other factors.

NR 111.41(7)(c)4. 4. Any major upgrades completed within the last 15 years, and plans or schedules for decommissioning or replacement of process units or production processes and product lines.

NR 111.41(7)(d) (d) For all manufacturing facilities, descriptions of current and future production schedules.

NR 111.41(7)(e) (e) Descriptions of plans or schedules for any new units planned within the next 5 years.

NR 111.41(8) (8) Entrainment characterization study. The owner or operator of an existing facility that withdraws greater than 125 MGD AIF shall develop for submission to the department an entrainment characterization study that includes a minimum of 2 years of entrainment data collection. The entrainment characterization study shall include all of the following components: