Chapter NR 111

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:

NR 111.41(8)(a) (a) Entrainment data collection method. An identification and documentation of organisms collected to the lowest taxon possible of all life stages of fish and shellfish that are in the vicinity of the cooling water intake structure and are susceptible to entrainment, including any threatened or endangered species with habitat range that includes waters in the vicinity of the cooling water intake structure. The data collection period and frequency shall be no less than biweekly during the periods of primary reproduction and larval recruitment, and peak abundance, as identified by the department. Biological data collection shall be representative of the entrainment at the intakes subject to this subsection. The owner or operator of the facility shall identify and document how the location of the cooling water intake structure in the waterbody and the water column are accounted for by the data collection locations. Unless department approval is given, the data collection location shall not be at the discharge.

NR 111.41(8)(b) (b) Biological entrainment characterization. Characterization of all life stages of fish, shellfish, and any species protected under federal, state, or tribal law, including threatened or endangered species, including a description of their abundance and their temporal and spatial characteristics in the vicinity of the cooling water intake structure, based on sufficient data to characterize annual, seasonal, and diel variations in entrainment, including variations related to climate and weather differences, spawning, feeding, and water column migration. This characterization may include historical data that are representative of the current operation of the facility and of biological conditions at the site. Identification of all life stages of fish and shellfish shall include identification of any surrogate species used, and identification of data representing both motile and non-motile life-stages of organisms.

NR 111.41(8)(c) (c) Analysis and supporting documentation. Documentation of the current entrainment of all life stages of fish, shellfish, and any threatened or endangered species. The documentation may include historical data that are representative of the current operation of the facility and of biological conditions at the site. Entrainment data to support the facility’s calculations shall be collected during periods of representative operational flows for the cooling water intake structure, and the flows associated with the data collection shall be documented. The method used to determine latent mortality along with data for specific organism mortality or survival that is applied to other life-stages or species shall be identified. The owner or operator of the facility shall identify and document all assumptions and calculations used to determine the total entrainment for the facility, together with all methods and quality assurance or quality control procedures for data collection and data analysis. The proposed data collection and data analysis methods shall be appropriate for a quantitative survey.

NR 111.41(9) (9) Comprehensive technical feasibility and cost evaluation study. The owner or operator of an existing facility that withdraws greater than 125 MGD AIF shall develop for submission to the department an engineering study of the technical feasibility and incremental costs of candidate entrainment control technologies. In addition, the study shall include all of the following:

NR 111.41(9)(a) (a) Technical feasibility. An evaluation of the technical feasibility of closed-cycle recirculating systems, fine mesh screens with a mesh size of 2 millimeters or smaller, variable speed pumps, and water reuse or alternate sources of cooling water. In addition, this study shall include all of the following:

NR 111.41(9)(a)1. 1. A description of all technologies and operational measures considered, including alternative designs of closed-cycle recirculating systems such as natural draft cooling towers, mechanical draft cooling towers, hybrid designs, and compact or multi-cell arrangements.

NR 111.41(9)(a)2. 2. A discussion of land availability, including evaluations of all of the following:

NR 111.41(9)(a)2.a. a. Adjacent land and acres potentially available due to retirements of generating units, production units, and other buildings and equipment.

NR 111.41(9)(a)2.b. b. Potential for repurposing of areas devoted to ponds, coal piles, rail yards, transmission yards, and parking lots.

NR 111.41(9)(a)3. 3. A discussion of available sources of process water, gray water, wastewater, reclaimed water, or other waters of appropriate quantity and quality for use as some or all of the cooling water needs of the facility.

NR 111.41(9)(a)4. 4. Documentation of factors other than cost that may make a candidate technology impractical or infeasible for further evaluation.

NR 111.41(9)(b) (b) Other entrainment control technologies. An evaluation of additional technologies for reducing entrainment, if required by the department.

NR 111.41(9)(c) (c) Cost evaluations. Engineering cost estimates of all technologies considered under pars. (a) and (b). Facility costs shall also be adjusted to estimate social costs. All costs shall be presented as the net present value and the corresponding annual value. Costs shall be clearly labeled as compliance costs or social costs. Compliance costs are calculated after-tax while social costs are calculated pre-tax. Compliance costs include the facility’s administrative costs, including costs of the permit application while the social cost adjustment includes the department’s administrative costs. Any outages, downtime, or other impacts to facility net revenue are included in compliance costs while only that portion of lost net revenue that does not accrue to other producers can be included in social costs. Social costs shall also be discounted using social discount rates of 3 percent and 7 percent. Assumptions relating to depreciation schedules, tax rates, interest rates, and discount rates shall be identified. The applicant shall separately discuss facility level compliance costs and social costs and provide all of the following documentation:

NR 111.41(9)(c)1. 1. Costs and explanation of any additional facility modifications necessary to support construction and operation of technologies considered under pars. (a) and (b), including relocation of existing buildings or equipment, reinforcement or upgrading of existing equipment, and additional construction and operating permits. Assumptions related to depreciation schedules, interest rates, and useful life of the technology considered shall be identified.

NR 111.41(9)(c)2. 2. Costs and explanation for addressing any non-water quality environmental and other impacts identified in sub. (11). The cost evaluation shall include a discussion of all reasonable attempts to mitigate each of these impacts.

NR 111.41(10) (10) Benefits valuation study. The owner or operator of an existing facility that withdraws greater than 125 MGD AIF shall develop for submission to the department an evaluation of the benefits of the candidate entrainment reduction technologies and operational measures evaluated in sub. (9), including using the entrainment characterization study completed in sub. (8). Each category of benefits shall be described narratively, and when possible, benefits shall be quantified in physical or biological units and monetized using appropriate economic valuation methods. The benefits valuation study shall include all of the following elements:

NR 111.41(10)(a) (a) Incremental changes in the numbers of individual fish and shellfish lost due to impingement mortality and entrainment for all life stages of each exposed species.

NR 111.41(10)(b) (b) A description of the basis for any estimates of changes in the stock sizes or harvest levels of commercial and recreational fish or shellfish species or forage species.

NR 111.41(10)(c) (c) A description of the basis for any monetized values assigned to changes in the stock size or harvest levels of commercial and recreational fish or shellfish species, forage fish, and to any other ecosystem or nonuse benefits.

NR 111.41(10)(d) (d) A discussion of mitigation efforts completed prior to October 14, 2014, including how long they have been in effect and how effective they have been.

NR 111.41(10)(e) (e) A discussion, with quantification and monetization, where possible, of any other benefits expected to accrue to the environment and local communities, including improvements for mammals, birds, and other organisms and aquatic habitats.

NR 111.41(10)(f) (f) A discussion, with quantification and monetization, where possible, of any benefits expected to result from any reductions in thermal discharges from entrainment technologies.

NR 111.41(11) (11) Non-water quality environmental and other impacts study. The owner or operator of an existing facility that withdraws greater than 125 MGD AIF shall develop for submission to the department a detailed facility-specific discussion of the changes in non-water quality environmental and other impacts attributed to each technology and operational measure considered under sub. (9), including both impacts increased and impacts decreased. The study shall include all of the following:

NR 111.41(11)(a) (a) Estimates of changes to energy consumption, including auxiliary power consumption and turbine backpressure energy penalty.

NR 111.41(11)(b) (b) Estimates of air pollutant emissions and of the human health and environmental impacts associated with the emissions.

NR 111.41(11)(c) (c) Estimates of changes in noise.

NR 111.41(11)(d) (d) A discussion of impacts to safety, including documentation of the potential for plumes, icing, and availability of emergency cooling water.

NR 111.41(11)(e) (e) A discussion of facility reliability, including facility availability, production of steam, impacts to production based on process unit heating or cooling, and reliability due to cooling water availability.

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.