Section NR 111.31 - BTA standards(1) GENERALLY. Subject to sub. (3) and except as provided in sub. (4), the owner or operator of a new unit at an existing facility shall achieve the impingement mortality and entrainment standards provided in either sub. (2) (a) or (b) for each cooling water intake structure used to provide cooling water to the new unit.(2) COMPLIANCE OPTIONS. The 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)Option I. The owner or operator of the facility shall reduce the design intake flow for the new unit, at a minimum, to a level commensurate with that which can be attained by the use of a closed-cycle recirculating system for the same level of cooling for the new unit.(b)Option II. The owner or operator of the facility shall demonstrate to the department that the technologies and operational measures employed will reduce the level of adverse environmental impact from any cooling water intake structure used to supply cooling water to the new unit to a comparable level to that which would be achieved under par. (a). The demonstration shall include showing that the entrainment reduction is equivalent to 90 percent or greater of the reduction that could be achieved through compliance with par. (a). In addition, the 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 under the requirements specified in par. (a).(3) ALTERNATIVE REQUIREMENTS. The owner or operator of the facility shall comply with any alternative requirements established by the department. Alternative requirements may be established if the department determines that the owner or operator of the facility requesting alternative requirements demonstrates all of the following: (a) The data specific to the facility would result in compliance costs wholly out of proportion to the costs U.S. environmental protection agency considered in establishing the requirement at issue, or would result in significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets.(b) The alternative requirements achieve a level of performance as close as practicable to the requirements under sub. (2) (a).(c) The alternative requirements ensure compliance with this chapter, other applicable provisions of the federal clean water act, and any applicable requirement of state or tribal law.(4) EXCLUDED COOLING WATER FLOW AND ADDITIONAL BTA STANDARDS .(a)Excluded cooling water flows. This section does not apply to any of the following: 1. Process water, gray water, wastewater, reclaimed water, or other waters reused as cooling water in lieu of water obtained by surface water intakes.2. Cooling water used by manufacturing facilities for contact cooling purposes.3. Portions of water withdrawals for auxiliary plant cooling uses comprising less than 2 MGD of the facility's flow.4. Any quantity of emergency back-up water flows.(b)Additional BTA standards. For cooling water flows excluded under par. (a), the department may establish additional BTA standards for impingement mortality and entrainment on a site-specific basis.Wis. Admin. Code Department of Natural Resources NR 111.31
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6/1/2020