Section NR 111.13 - Entrainment BTA standards The department shall establish BTA standards for entrainment for each intake on a site-specific basis. These standards shall reflect the department's determination of the maximum reduction in entrainment warranted after consideration of the relevant factors as specified in subs. (2) and (3). The department may also require periodic reporting on a facility's progress toward installation and operation of site-specific entrainment controls. These reports may include updates on planning, design, and construction or other appropriate topics as required by the department. If the department determines that the site-specific BTA standard for entrainment under this section requires performance equivalent to a closed-cycle recirculating system as defined in s. NR 111.03(5), then the facility in question shall comply with the impingement mortality standard under s. NR 111.12(1) (a) 1. for that intake. The department shall follow all of the following steps to establish BTA standards for entrainment:
(1) The department shall provide a written explanation of the proposed entrainment determination in the fact sheet for the proposed permit. The written explanation shall describe why the department has rejected any entrainment control technologies or measures that perform better than the selected technologies or measures and shall reflect consideration of all reasonable attempts to mitigate any adverse impacts of otherwise available better performing entrainment technologies.(2)(a) The department's BTA determination shall be based on consideration of all of the following factors, plus any additional information required by the department, such as that listed in sub. (3):1. Numbers and types of organisms entrained, including, specifically, the numbers and species, or lowest taxonomic classification possible, of threatened and endangered species and federally designated critical habitat, for example, prey base.2. Impact of changes in particulate emissions or other pollutants associated with entrainment technologies.3. Land availability as it relates to the feasibility of entrainment technology.4. Remaining useful plant life.5. Quantified and qualitative social benefits and costs of available entrainment technologies when information on both benefits and costs is of sufficient rigor to make a decision.(b) The weight given to each factor under par. (a) is within the department's discretion based upon the circumstances of each facility.(3) The department's proposed BTA determination may be based on consideration of any of the following factors to the extent the applicant submitted information under subch. V: (a) Entrainment impacts on the waterbody.(b) Thermal discharge impacts.(c) Credit for reductions in flow associated with the retirement of units occurring within 10 years preceding October 14, 2014.(d) Impacts on the reliability of energy delivery within the immediate area.(e) Impacts on water consumption.(f) Availability of process water, gray water, wastewater, reclaimed water, or other waters of appropriate quantity and quality for reuse as cooling water.(4) If all technologies considered have social costs not justified by the social benefits, or have unacceptable adverse impacts that cannot be mitigated, the department may determine that no additional control requirements are necessary beyond those already in use at the facility. The department may reject an otherwise available technology as a BTA standard for entrainment if the social costs are not justified by the social benefits.(5) Prior to any permit reissuance after July 14, 2018, the department shall review the performance of the facility's installed entrainment technology to determine whether it continues to meet the requirements of this section.Wis. Admin. Code Department of Natural Resources NR 111.13
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6/1/2020