NR 111.12(1)(a)4.4. ‘Existing offshore velocity cap.’ Operate an existing offshore velocity cap that was installed on or before October 14, 2014. Offshore velocity caps installed after October 14, 2014 shall make either a demonstration under subd. 6. or meet the performance standard under subd. 7. In addition, the facility shall monitor total daily intake flow.

NR 111.12(1)(a)5.5. ‘Modified traveling screens.’ Operate a modified traveling screen that the department determines meets the definition specified in s. NR 111.03 (29) and that, after review of the information required in the impingement technology performance optimization study specified in s. NR 111.41 (5), the department determines is the BTA for impingement reduction at the site. As the basis for the department’s determination, the owner or operator of the facility shall demonstrate that the technology is or will be optimized to minimize impingement mortality of all species except those designated as fragile or nuisance. The permit shall include verifiable and enforceable permit conditions that ensure the technology will perform as demonstrated.

NR 111.12(1)(a)6.6. ‘Systems of technologies as the BTA for impingement mortality.’ Operate a system of technologies, management practices, and operational measures that, after review of the information required in the impingement technology performance optimization study specified in s. NR 111.41 (5), the department determines is the BTA for impingement reduction at the facility’s cooling water intake structure. As the basis for the department’s determination, the owner or operator of the facility shall demonstrate that the system of technologies has been optimized to minimize impingement mortality of all species except those designated as fragile or nuisance. In addition, the department’s decision will be informed by comparing the impingement mortality performance data under s. NR 111.41 (5) to a performance standard of no more than 24 percent impingement mortality, including latent mortality and excluding fragile and nuisance species. The permit shall include verifiable and enforceable permit conditions that ensure the system of technologies will perform as demonstrated.

NR 111.12(1)(a)7.7. ‘Impingement mortality performance standard.’ Achieve a 12-month impingement mortality performance standard of all life stages of fish and shellfish of no more than 24 percent mortality, including latent mortality, for all species together, except those designated as fragile or nuisance, that are collected or retained in a sieve with maximum opening dimension of 0.56 inches and kept for a holding period of 18 to 96 hours. The department may prescribe an alternative holding period. The facility shall conduct biological monitoring at a minimum frequency of monthly to demonstrate its impingement mortality performance. Each month, the facility shall use all of the monitoring data collected during the previous 12 months to calculate the 12-month survival percentage. The 12-month impingement mortality survival performance standard is the total number of fish killed divided by the total number of fish impinged over the course of the entire 12 months. The owner or operator of the facility shall choose whether to demonstrate compliance with this requirement for the entire facility, or for each individual cooling water intake structure for which this subdivision is the selected impingement mortality requirement.

NR 111.12(1)(b)1.1. ‘De minimis rate of impingement.’ In limited circumstances, rates of impingement may be so low at a facility that additional impingement controls may not be justified. The department, based on review of site-specific data submitted under subch. V, may conclude that the documented rate of impingement at the cooling water intake is so low that no additional controls are warranted. Notice of a determination that no additional impingement controls are warranted shall be included in the draft or proposed permit and the department’s response to all comments on this determination shall be included in the record for the final permit.

NR 111.12(1)(b)2.2. ‘Low capacity utilization power generating units.’ If an existing facility has a cooling water intake structure used for one or more existing electric generating units, each with an annual average capacity utilization rate of less than 8 percent averaged over a 24-month contiguous period, the department may, based on review of site-specific data concerning cooling water system data under s. NR 111.41 (4), establish the BTA standards for impingement mortality for that cooling water intake structure that are less stringent than par. (a) 1. to 7.

NR 111.12(1)(c)(c) Reuse of other water for cooling purposes. The impingement mortality standard under this section does not apply to the portion of cooling water that is process water, gray water, reclaimed water, or other waters reused as cooling water in lieu of water obtained by surface water intakes.

NR 111.12(2)(2) Additional measures for other species. The department may require the owner or operator of the facility to comply with additional monitoring, technologies, or measures, such as seasonal deployment of barrier nets, to protect shellfish or fragile species.

NR 111.12(3)(3) Best professional judgment-based BTA requirements. The owner or operator of the facility may be subject to interim, best professional judgment-based BTA requirements established by the department in the permit on a site-specific basis if an alternative schedule is granted under s. NR 111.11 (2) (b) or if a complete permit application was received by the department before October 14, 2014.

NR 111.12(4)(4) Nuclear facilities. If the owner or operator of a nuclear facility demonstrates to the department, upon the department’s consultation with the U.S. nuclear regulatory commission, the U.S. department of energy, or the naval nuclear propulsion program, that compliance with this subchapter would result in a conflict with a safety requirement established by the U.S. nuclear regulatory commission, U.S. department of energy, or naval nuclear propulsion program, the department shall make a site-specific determination of BTA for minimizing adverse environmental impact that would not result in a conflict with the safety requirement of the U.S. nuclear regulatory commission, U.S. department of energy, or naval nuclear propulsion program.

NR 111.13NR 111.13 Entrainment BTA standards. The department shall establish BTA standards for entrainment for each intake on a site-specific basis. These standards shall reflect the department’s determination of the maximum reduction in entrainment warranted after consideration of the relevant factors as specified in subs. (2) and (3). The department may also require periodic reporting on a facility’s progress toward installation and operation of site-specific entrainment controls. These reports may include updates on planning, design, and construction or other appropriate topics as required by the department. If the department determines that the site-specific BTA standard for entrainment under this section requires performance equivalent to a closed-cycle recirculating system as defined in s. NR 111.03 (5), then the facility in question shall comply with the impingement mortality standard under s. NR 111.12 (1) (a) 1. for that intake. The department shall follow all of the following steps to establish BTA standards for entrainment:

NR 111.13(1)(1) The department shall provide a written explanation of the proposed entrainment determination in the fact sheet for the proposed permit. The written explanation shall describe why the department has rejected any entrainment control technologies or measures that perform better than the selected technologies or measures and shall reflect consideration of all reasonable attempts to mitigate any adverse impacts of otherwise available better performing entrainment technologies.

NR 111.13(2)(a)1.1. Numbers and types of organisms entrained, including, specifically, the numbers and species, or lowest taxonomic classification possible, of threatened and endangered species and federally designated critical habitat, for example, prey base.