Section NR 111.40 - Application requirements(1) NEW FACILITIES WITH NEW OR MODIFIED COOLING WATER INTAKE STRUCTURES. A new facility with a cooling water intake structure shall submit all of the following information to the department for review: (a) The information required under s. NR 111.41(1), (2), (3) (a) to (c) 1., and (17).(b) A statement that the facility intends to comply with one of the following: 1. The track I requirements for new facilities specified in s. NR 111.21(2) (a).2. The track II requirements for new facilities specified in s. NR 111.21(2) (b).(c) Facilities choosing to comply with the track I requirements specified in s. NR 111.21(2) (a) shall also submit the information required under s. NR 111.41(15), (16), and (18).(d) Facilities choosing to comply with the track II requirements specified in s. NR 111.21(2) (b) shall also submit the information required under NR 111.41(19).(2) EXISTING FACILITIES WITH COOLING WATER INTAKE STRUCTURES. (a)Existing facilities that withdraw less than or equal to 2 MGD DIF or use less than 25 percent exclusively for cooling. The owner or operator of an existing facility designed to withdraw less than or equal to 2 MGD DIF or that uses less than 25 percent of the total water withdrawn exclusively for cooling purposes shall submit to the department any information requested by the department that is needed to inform a BTA determination.(b)Existing facilities that withdraw greater than 2 MGD DIF and less than or equal to 125 MGD AIF. The owner or operator of an existing facility that withdraws greater than 2 MGD DIF and less than or equal to 125 MGD AIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes shall submit to the department for review the information required under s. NR 111.41(1), (2), and (13) and applicable provisions of s. NR 111.41(3) to (7).(c)Existing facilities that withdraw greater than 125 MGD AIF. The owner or operator of an existing facility that withdraws greater than 125 MGD AIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes, as defined in s. NR 111.03(1), shall submit to the department for review the information required under s. NR 111.41(1), (2), and (8) to (12) and applicable provisions of s. NR 111.41(3) to (7).(d)Reduced information. If the owner or operator of an existing facility intends to comply with the BTA standards for entrainment using a closed-cycle recirculating system as defined in s. NR 111.03(5), the department may reduce or waive some or all of the information required under s. NR 111.41(8) to (12).(e)Communication with U.S. fish and wildlife service. In addition to requirements specified in pars. (a) to (d), the owner or operator of the facility shall also submit with its permit application all information received as a result of any communication with a field office of the U.S. fish and wildlife service.(f)Additional information. The owner or operator of an existing facility shall submit any additional information that the department determines is necessary under s. NR 111.42(2).(3) NEW UNITS AT EXISTING FACILITIES. (a)New units at existing facilities. The owner or operator of a new unit at an existing facility shall submit or update any information previously provided to the department by submitting the information required under s. NR 111.41(1), (2), (4), (7), and (14) and applicable provisions of s. NR 111.41(3), (5), and (6). Requests for and approvals of alternative requirements sought under s. NR 111.31(2) (b) or (3) shall be submitted with the permit application.(b)New units at existing facilities not previously subject to this chapter. The owner or operator of a new unit at an existing facility not previously subject to this chapter that increases the total capacity of the existing facility to more than 2 MGD DIF and that uses 25 percent or more of the total water withdrawn exclusively for cooling purposes shall submit the information required under s. NR 111.41(1), (2), (4), and (7) and applicable provisions of s. NR 111.41(3), (5), and (6) at the time of the permit application for the new unit. Requests for alternative requirements under s. NR 111.31(2) (b) or (3) shall be submitted with the permit application. If the total capacity of the facility will increase to more than 125 MGD AIF, the owner or operator shall also submit the information required under s. NR 111.41(8) to (12).(c)All new units at existing facilities. The owner or operator of a new unit at an existing facility shall also submit with its permit application all information received as a result of any communication with a field office of the U.S. fish and wildlife service.(d)Reduced information. If the owner or operator of a new unit at an existing facility intends to comply with the BTA standards for entrainment using a closed-cycle recirculating system as defined in s. NR 111.03(5), the department may reduce or waive some or all of the information required under s. NR 111.41(8) to (12).(4) RETIREMENTS. (a)Within the current permit term. If the owner or operator of an existing facility plans to retire the facility before the current permit expires, then the requirements of subs. (2) and (3) do not apply.(b)Within the subsequent permit term. If the owner or operator of an existing facility plans to retire the facility after the current permit expires but within one permit cycle, then the department may waive the requirements of s. NR 111.41(6) to (13) upon receiving a signed certification statement from the owner or operator of the facility specifying the last operating date of the facility.Wis. Admin. Code Department of Natural Resources NR 111.40
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a) made under s. 35.17, Stats., Register May 2020 No. 773, eff. 6/1/2020