Section NR 111.11 - Timing of BTA determinations(1) PERMIT APPLICATION SUBMITTAL TIMEFRAMES.(a)Permits expiring after July 14, 2018. The owner or operator of an existing facility whose currently effective permit expires after July 14, 2018 shall submit to the department the information required in the applicable provisions of subch. V when applying for a subsequent permit.(b)Permits expiring on or after October 14, 2014 and prior to or on July 14, 2018. The owner or operator of a facility whose currently effective permit expires on or after October 14, 2014, and prior to or on July 14, 2018, may request that the department establish an alternate schedule for the submission of the information required under subch. V when applying for a subsequent permit. If the owner or operator of the facility demonstrates that it cannot develop the required information by the applicable date for submission, the department shall establish an alternate schedule for submission of the required information.(2) TIMELINE FOR PERMIT REQUIREMENTS. (a)Reissuance of permits that expired after July 14, 2018 and permits that expired on or prior to July 14, 2018 that did not receive an alternate schedule. In the case of reissuance of any permit that expired after July 14, 2018 and in the case of reissuance of any permits expiring on or prior to July 14, 2018, that did not receive an alternate schedule under sub. (1) (b), the department shall include in the reissued permit, at a minimum, conditions to implement and ensure compliance with the impingement mortality standard specified in s. NR 111.12 and the entrainment standard specified in s. NR 111.13, including any measures to protect threatened and endangered species and federally designated critical habitat required by the department. In addition, the department shall include in the permit conditions, management practices, and operational measures necessary to ensure proper operation of any technology used to comply with these standards.(b)Permits receiving an alternate schedule. In the case of any permit for which the department, under sub. (1) (b), has established an alternate schedule for submission of the information required under subch. V, the department may include permit conditions to ensure that, for any subsequent permit, the department has all the information required under subch. V necessary to establish impingement mortality and entrainment BTA requirements under ss. NR 111.12 and 111.13. In addition, the department shall establish interim BTA requirements in the permit based on the department's best professional judgment on a site-specific basis.(c)Permits issued after October 14, 2014 and applied for before October 14, 2014.1. In the case of any permit issued after October 14, 2014, and applied for before October 14, 2014, the department may include permit conditions to ensure that the department has all the information under subch. V necessary to establish impingement mortality and entrainment BTA requirements under ss. NR 111.12 and 111.13 for the subsequent permit. The department shall establish interim BTA requirements in the permit on a site-specific basis based on the department's best professional judgment.2. In the case of permit proceedings that have begun prior to October 14, 2014, whenever the department has determined that the information already submitted by the owner or operator of the facility is sufficient, the department may proceed with a determination of BTA standards for impingement mortality and entrainment without requiring the owner or operator of the facility to submit the information required under subch. V. The department's BTA determination may be based on some or all of the factors specified in s. NR 111.13(2) and (3) and the BTA standards for impingement mortality specified in s. NR 111.12. In making the decision on whether to require additional information from the applicant, and what BTA requirements to include in the applicant's permit for impingement mortality and site-specific entrainment, the department shall consider whether any of the information under subch. V is necessary.(3) PERMIT SCHEDULES FOR COMPLIANCE. (a)Generally. After issuance of a final permit establishing the entrainment requirements under s. NR 111.13, the owner or operator of an existing facility shall comply with the impingement mortality and entrainment standards as soon as practicable, based on a schedule of requirements established by the department. The department may establish interim compliance milestones in the permit.(b)Electric power generating facilities. When establishing a schedule under par. (a) for an electric generating facility, the department may consider measures to maintain adequate energy reliability and necessary grid reserve capacity during any facility outage. These may include establishing a staggered schedule for multiple facilities serving the same localities. The department may confer with independent system operators and state public utility regulatory agencies when establishing a schedule for electric power generating facilities.(c)Manufacturing facilities. The department may consider extenuating circumstances, such as lengthy scheduled shutdowns or future production schedules, in establishing a compliance schedule under par. (a) for any manufacturing facility. Wis. Admin. Code Department of Natural Resources NR 111.11
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (b), (2) (a), (c) 1. made under s. 35.17, Stats., Register May 2020 No. 773, eff. 6/1/2020