Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter III - New Facilities › Section NR 111.21 - Performance standards

Current through June 24, 2024
(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).
(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:
(a)
Track I requirements.
All of the following for a facility choosing track I:
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.
2. Each cooling water intake structure shall
				  be designed and constructed to a maximum design intake velocity of 0.5 feet per
				  second.
3. The cumulative DIF of
				  all cooling water intake structures at the facility shall meet the following
				  requirements:
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.
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.
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:
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.
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.
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.
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:
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.
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.
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.