NR 111.20(1)(a)(a) Adhere to track I or track II performance standards for impingement mortality and entrainment under s. NR 111.21 (2) (a) or (b), including any more stringent measures required under s. NR 111.21 (3). Less stringent standards may be approved as specified in s. NR 111.21 (4).

NR 111.20(2)(2) The requirements specified in sub. (1) shall be implemented through a WPDES permit for each facility subject to this subchapter. Based on the information submitted in the permit application, the department shall determine the requirements and conditions to include in the permit.

NR 111.21(1)(1) Generally. Based upon the information submitted by the owner or operator of the facility under s. NR 111.41 and on the track specified in sub. (2) (a) or (b) with which the owner or operator of the facility has chosen to comply, the department shall determine the appropriate requirements and conditions to include in the permit. At a minimum, the permit conditions shall include the applicable performance standards and requirements specified in sub. (2) (a) or (b), may include standards and requirements specified in sub. (3) and may include standards and requirements based on sub. (4) in lieu of those specified in subs. (1) to (3).

NR 111.21(2)(2) Track I or II requirements for new facilities. A owner or operator of the facility shall, except as provided in sub. (4) and subject to sub. (3), comply with one of the following:

NR 111.21(2)(a)1.1. If the new facility will withdraw greater than or equal to 10 MGD DIF, the total design intake flow, at a minimum, shall be reduced to a level commensurate with that which can be attained by a closed-cycle recirculating cooling water system.

NR 111.21(2)(a)2.2. Each cooling water intake structure shall be designed and constructed to a maximum design intake velocity of 0.5 feet per second.

NR 111.21(2)(a)3.3. The cumulative DIF of all cooling water intake structures at the facility shall meet the following requirements:

NR 111.21(2)(a)3.a.a. For cooling water intake structures located in a river or stream, the total DIF shall be no greater than 5 percent of the source water annual mean flow.

NR 111.21(2)(a)3.b.b. For cooling water intake structures located in a lake or reservoir, the total DIF may not disrupt the natural thermal stratification or turnover pattern, where present, of the source water except in cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish by any fishery management agency. In determining whether or not disruption will occur, the department shall consider anthropogenic factors unrelated to the new facility’s cooling water intake structure that can influence the occurrence and location of a thermocline, including source water inflows, other water withdrawals, managed water uses, wastewater discharges, and flow and level management practices.

NR 111.21(2)(a)4.4. The owner or operator of the facility shall select and implement design and construction technologies or operational measures for minimizing impingement mortality of fish and shellfish if any of the following occur:

NR 111.21(2)(a)4.a.a. Threatened, endangered, or otherwise protected federal, state, or tribal species or federally designated critical habitat for these species are present within the hydraulic zone of influence of the cooling water intake structure.

NR 111.21(2)(a)4.b.b. Based on information submitted by any fishery management agency or other relevant information, there are migratory, sport, or commercial species of impingement concern to the department that pass through the hydraulic zone of influence of the cooling water intake structure.

NR 111.21(2)(a)4.c.c. It is determined by the department, based on information submitted by any fishery management agency or other relevant information, that the proposed facility, after meeting the technology-based performance requirements specified in subds. 1. to 3., would still contribute unacceptable stress to the protected species, federally designated critical habitat of those species, or species of concern to the department.

NR 111.21(2)(a)5.5. The owner or operator of the facility shall select and implement design and construction technologies or operational measures for minimizing entrainment of entrainable life stages of fish and shellfish if any of the following occur:

NR 111.21(2)(a)5.a.a. The new facility has not already reduced its design intake flow to a level commensurate with that which can be attained by a closed-cycle recirculating cooling water system.

NR 111.21(2)(a)5.b.b. There are threatened, endangered, or otherwise protected federal, state, or tribal species or federally designated critical habitat for these species within the hydraulic zone of influence of the cooling water intake structure.

NR 111.21(2)(a)5.c.c. Based on information submitted by any fishery management agency or other relevant information, there are, or will be upon commencement of operation, undesirable cumulative stressors affecting entrainable life stages of species of concern to the department and the department determines that the proposed facility, after meeting the technology-based performance requirements specified in subds. 1. to 3., would contribute unacceptable stress to the protected species, federally designated critical habitat of those species, or the species of concern.

NR 111.21(2)(b)1.1. The owner or operator of the facility shall demonstrate to the department that the technologies employed will reduce the level of adverse environmental impact from the cooling water intake structures to a level comparable to that which would be achieved were the owner or operator of the facility to implement the requirements specified in par. (a) 1. and 2. This demonstration shall include showing that the impacts to fish and shellfish, including important forage and predator species, within the watershed will be comparable to those that would result if the owner or operator of the facility were to implement the requirements specified in par. (a) 1. and 2. The department shall consider information provided by any fishery management agency and may also consider data and information from other sources.