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.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)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).