Chapter NR 111

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.

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.