NR 111.13(3)(e) (e) Impacts on water consumption.

NR 111.13(3)(f) (f) Availability of process water, gray water, wastewater, reclaimed water, or other waters of appropriate quantity and quality for reuse as cooling water.

NR 111.13(4) (4) If all technologies considered have social costs not justified by the social benefits, or have unacceptable adverse impacts that cannot be mitigated, the department may determine that no additional control requirements are necessary beyond those already in use at the facility. The department may reject an otherwise available technology as a BTA standard for entrainment if the social costs are not justified by the social benefits.

NR 111.13(5) (5) Prior to any permit reissuance after July 14, 2018, the department shall review the performance of the facility’s installed entrainment technology to determine whether it continues to meet the requirements of this section.

NR 111.13 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.14 NR 111.14 Monitoring requirements. At a minimum, the WPDES permit for a facility subject to this subchapter shall require the permittee to monitor, as required in ss. NR 111.12, and 111.13, according to all of the following:

NR 111.14(1) (1) Monitoring requirements for impingement mortality. The department may establish monitoring requirements to quantify impingement mortality in addition to those specified in s. NR 111.12, including biological monitoring, intake velocity, and flow measurements. If the department establishes additional monitoring requirements, the specific protocols shall be determined by the department.

NR 111.14(2) (2) Monitoring requirements for entrainment. The department shall determine monitoring requirements for entrainment on a site-specific basis, as appropriate, to meet requirements under s. NR 111.13. The department may establish entrainment monitoring requirements in addition to those specified in s. NR 111.13.

NR 111.14(3) (3) Flow rate monitoring. The owner or operator of the facility shall monitor the total volume of water withdrawn and the percent used for cooling on a daily basis. Additionally, if applicable, make-up water and blowdown daily flow rates shall be monitored. Alternatively, an owner or operator of the facility complying with s. NR 111.12 (1) (a) 1. may monitor cycles of cooling in lieu of flow monitoring. Also alternatively, an owner or operator of the facility may report percent of flow used for cooling on a less frequent basis if daily monitoring is infeasible or overly burdensome and if the department approves an alternate method of estimating this value. The department may require additional monitoring as necessary to demonstrate compliance with s. NR 111.21.

NR 111.14(4) (4) Visual or remote inspections. The owner or operator of a facility shall conduct either visual inspections or employ remote monitoring devices during the period the cooling water intake structure is in operation. The owner or operator of a facility shall conduct inspections at least weekly to ensure that any technologies operated to comply with ss. NR 111.12, 111.13, and 111.16 are maintained and operated to function as designed. The department may establish alternative procedures if this requirement is not feasible, such as in the cases of offshore intakes, velocity caps, intakes inside dams, or monitoring during periods of inclement weather.

NR 111.14(5) (5) Request for reduced monitoring. For a facility that is subject to s. NR 111.12 (1) (a) 7. and where the facility’s cooling water intake structure does not directly or indirectly affect threatened or endangered species or federally designated critical habitat, the owner or operator of the facility may request that the department reduce monitoring requirements after the first full permit term in which these monitoring requirements are implemented, on the condition that the results of the monitoring to date demonstrate that the owner or operator of the facility has consistently operated the intake as designed and is meeting the requirements specified in s. NR 111.12.

NR 111.14(6) (6) Additional monitoring requirements. The owner or operator of the facility shall comply with any additional monitoring for impingement or entrainment at the cooling water intake structure, including any of the following:

NR 111.14(6)(a) (a) The department may require additional monitoring if there are changes in operating conditions at the facility or in the source waterbody that warrant a re-examination of the operational conditions specified in s. NR 111.41 (7).

NR 111.14(6)(b) (b) The department may require additional monitoring for species not subject to the BTA requirements for impingement mortality under s. NR 111.12. Such monitoring requirements shall be determined by the department on a site-specific basis.

NR 111.14(7) (7) Additional monitoring related to threatened and endangered species and federally designated critical habitat. When the department requires additional measures to protect federal threatened or endangered species or federally designated critical habitat under s. NR 111.16, the department shall require monitoring associated with those measures.

NR 111.14 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (4) made under s. 35.17, Stats., Register May 2020.

NR 111.15 NR 111.15 Recordkeeping and reporting requirements. The owner or operator of an existing facility subject to this subchapter is subject to all of the following requirements:

NR 111.15(1) (1) Reporting requirements. The owner or operator shall submit to the department all of the following information:

NR 111.15(1)(a) (a) Monitoring reports. Discharge monitoring reports and results of all monitoring, demonstrations, and other information required by the permit sufficient to determine compliance with the permit conditions and requirements established under ss. NR 111.12 to 111.14.

NR 111.15(1)(b) (b) Status reports. Any reports required under ss. NR 111.12 to 111.14.

NR 111.15(1)(c) (c) Annual certification statement and report. An annual certification statement signed in accordance with s. NR 205.07 (1) (g) subject to the following:

NR 111.15(1)(c)1. 1. If the information contained in the previous year’s annual certification is still pertinent, the owner or operator of a facility may state this in a letter to the department. The letter, along with compliance with any applicable data submission requirements specified in this section, shall constitute the annual certification.

NR 111.15(1)(c)2. 2. If the facility has substantially modified operation of any unit that impacts cooling water withdrawals or operation of the cooling water intake structures, the owner or operator of a facility shall provide a summary of those changes in the report. In addition, the owner or operator of a facility shall submit revisions to the information required under subch. V in the next permit application.

NR 111.15(1)(d) (d) Reporting. Any additional reporting required by the department. Additional reporting may be required when necessary to establish permit compliance, including the records required under sub. (2), and may provide for periodic inspection of the facility.

NR 111.15(1)(e) (e) Additional reporting requirements related to federal threatened and endangered species or federally designated critical habitat. Additional reporting associated with measures to protect federally threatened or endangered species and critical habitat, in situations when the department requires such measures under s. NR 111.16. The department shall submit these reports at least annually to the U.S. environmental protection agency region 5 office for compilation and transmittal to the U.S. fish and wildlife service.

NR 111.15(2) (2) Records retention. The owner or operator of a facility shall retain records of all submissions that are part of the permit reporting requirements under this section until the subsequent permit is issued. In addition, the department may require supplemental recordkeeping, such as for compliance monitoring under s. NR 111.14 or supplemental data collection under subch. V.

NR 111.15 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.16 NR 111.16 Protection of threatened and endangered species and fragile species.

NR 111.16(1) (1) Protection of threatened and endangered species and federally designated critical habitat. A WPDES permit for a facility subject to this chapter may include additional control measures, monitoring requirements, and reporting requirements that are designed to minimize incidental take, reduce or remove more than minor detrimental effects to threatened and endangered species and federally designated critical habitat, or avoid jeopardizing threatened and endangered species or destroying or adversely modifying federally designated critical habitat, for example prey base. The control measures, monitoring requirements, and reporting requirements may include measures or requirements identified by the U.S. fish and wildlife service during the 60-day review period under sub. (3) or the public notice and comment period. When established in the permit by the department, the owner or operator shall implement any such requirements. The department may include the additional permit requirements if at least one of the following applies: