NR 111.02(2)(a) (a) The facility is a point source as defined in s. 283.01 (12), Stats.

NR 111.02(2)(b) (b) The facility uses or proposes to use one or more cooling water intake structures with a cumulative design intake flow greater than 2 million gallons per day.

NR 111.02(2)(c) (c) The facility has or proposes to have at least one cooling water intake structure and uses or proposes to use at least 25 percent of the total water withdrawn on a whole-facility basis exclusively for cooling purposes as specified in sub. (6).

NR 111.02(3) (3) For purposes of this chapter, a facility may be classified as either an existing facility or a new facility, in accordance with all of the following:

NR 111.02(3)(a) (a) A facility shall be classified as an existing facility if construction commenced on the facility on or before January 17, 2002. Any modification of the facility or any addition of a unit at the facility does not change its classification as an existing facility.

NR 111.02(3)(b) (b)

NR 111.02(3)(b)1. 1. A facility shall be classified as a new facility if all of the following apply:

NR 111.02(3)(b)1.a. a. The facility consists of any building, structure, facility, or installation that meets the definition and criteria of a “new source” or “new discharger” under 40 CFR 122.2 and 122.29 (b) (1), (2), and (4).

NR 111.02(3)(b)1.b. b. The facility is either a greenfield facility or stand-alone facility.

NR 111.02(3)(b)1.c. c. Construction commenced on the facility after January 17, 2002.

NR 111.02(3)(b)1.d. d. The facility uses either a newly constructed cooling water intake structure, or an existing cooling water intake structure whose design capacity is increased to accommodate the intake of additional cooling water.

NR 111.02(3)(b)2. 2. New units that are added to a facility for the purposes of the same general industrial operation, such as new peaking units at an electrical generating station, shall not be considered new facilities.

NR 111.02(3)(b)3. 3. A facility that has been built adjacent to a facility that qualifies as an existing facility under par. (a) is a new facility if it otherwise meets the standards for a new facility under this paragraph, while the original facility remains as an existing facility.

NR 111.02(3)(c) (c) A facility cannot be both an existing facility and a new facility.

NR 111.02(4) (4) Use of a cooling water intake structure includes obtaining cooling water by any contract or arrangement with one or more independent suppliers of cooling water if the supplier withdraws water from surface waters of the state. An owner or operator of an existing facility may not circumvent these requirements by creating special arrangements to receive cooling water from an entity that is not itself a facility subject to this chapter.

NR 111.02(5) (5) Obtaining cooling water from a public water system, using reclaimed water from wastewater treatment facilities or desalination plants, or recycling treated process wastewater effluent as cooling water does not constitute use of a cooling water intake structure for the purposes of this chapter.

NR 111.02(6) (6) Whether the amount of water used exclusively for cooling at a given facility exceeds the 25 percent threshold specified in sub. (2) (c) shall be determined as follows:

NR 111.02(6)(a) (a) A new facility exceeds the 25 percent cooling water threshold if, based on the new facility’s design, any monthly average over a year for the percentage of cooling water withdrawn is expected to equal or exceed 25 percent of the total water withdrawn.

NR 111.02(6)(b) (b) An existing facility or a new unit at an existing facility exceeds the 25 percent cooling water threshold if, on an actual intake flow basis as defined in s. NR 111.03 (1), at least 25 percent of water withdrawn is used for cooling purposes.

NR 111.02(7) (7) A facility with an intake structure not subject to the requirements of this chapter as provided in sub. (2) shall meet requirements established by the department on a case-by-case, best professional judgment basis, as specified in s. 283.31, Stats.

NR 111.02 History History: CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 111.03 NR 111.03 Definitions. In this chapter:

NR 111.03(1) (1) “Actual intake flow,” or “AIF,” means the average volume of water withdrawn on an annual basis by the cooling water intake structures over the past 3 years. After October 14, 2019, “actual intake flow” means the average volume of water withdrawn on an annual basis by the cooling water intake structures over the previous 5 years. AIF is measured at a location within the cooling water intake structure that the department deems appropriate. The calculation of AIF includes days of zero flow. AIF does not include flows associated with emergency and fire suppression capacity.

NR 111.03(2) (2) “All life stages of fish and shellfish” means eggs, larvae, juveniles, and adults. “All life stages of fish and shellfish” does not include nuisance species.

NR 111.03(3) (3) “Annual mean flow” means the average of daily flows over a calendar year, calculated using historical data up to 10 years when available.

NR 111.03(4) (4) “BTA” means best technology available for minimizing adverse environmental impact associated with a cooling water intake structure.

NR 111.03(5) (5) 

NR 111.03(5)(a) (a) At existing facilities, “closed-cycle recirculating system” means a system designed and properly operated, using minimized make-up and blowdown flows withdrawn from a surface water of the state to support contact or non-contact cooling uses within a facility, or a system designed to include certain impoundments, that operates by passing cooling water through a condenser and other components of the cooling system and reuses the water for cooling multiple times. “Closed-cycle recirculating system” includes all of the following:

NR 111.03(5)(a)1. 1. A facility with wet, dry, or hybrid cooling towers, a system of impoundments that are not waters of the state, or any combination thereof. A properly operated and maintained closed-cycle recirculating system withdraws new source water, or make-up water, only to replenish losses that have occurred due to blowdown, drift, and evaporation. If surface waters of the state are withdrawn for the purposes of replenishing losses to a closed-cycle recirculating system other than those due to blowdown, drift, and evaporation from the cooling system, the department may determine that a cooling system is a closed-cycle recirculating system if the facility demonstrates to the satisfaction of the department that make-up water withdrawal attributed specifically to the cooling portion of the cooling system has been minimized.