Section NR 111.02 - Applicability(1) In this section: (a) "Greenfield facility" means a facility that is constructed at a site at which no other source is located, or that totally replaces the process or production equipment at an existing facility, as specified in 40 CFR 122.29(b) (1) (i) and (ii).(b) "Stand-alone facility" means a new, separate facility that is constructed on property where an existing facility is located and whose processes are substantially independent of the existing facility at the same site, as specified in 40 CFR 122.29(b) (1) (iii).(2) This chapter applies to a facility that meets all of the following conditions: (a) The facility is a point source as defined in s. 283.01(12), Stats.(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.(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to have at least one cooling water intake structure and uses or proposes to use at least 25 percent of the total water withdrawn on a whole-facility basis exclusively for cooling purposes as specified in sub.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).(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:(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.(b)1. A facility shall be classified as a new facility if all of the following apply: 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).b. The facility is either a greenfield facility or stand-alone facility.c. Construction commenced on the facility after January 17, 2002.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.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.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.(c) A facility cannot be both an existing facility and a new facility.(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.(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.(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: (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.(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.(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.Wis. Admin. Code Department of Natural Resources NR 111.02
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6/1/2020