Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 526 - COOLING WATER INTAKE STRUCTURES
- Section 096-526-1 - References to Federal Regulations and Definitions
- Section 096-526-2 - Purpose and Scope
- Section 096-526-3 - Compliance with this Chapter
- Section 096-526-4 - Definitions
- Section 096-526-5 - Applicability to New Facilities [See 40 CFR Section 125.81]
- Section 096-526-6 - Terms and Conditions for New Facilities [See 40 CFR Section 125.84]
- Section 096-526-7 - Alternative Terms and Conditions for New Facilities. [See 40 CFR Section 125.85]
- Section 096-526-8 - Application Requirements for New Facilities [See 40 CFR Section 125.86]
- Section 096-526-9 - Monitoring Requirements for New Facilities
- Section 096-526-10 - Recordkeeping and Reporting Requirements for New Facilities
- Section 096-526-11 - Application Processing Procedures for New Facilities. [See 40 CFR Section 125.89]
- Section 096-526-12 - Applicability to Existing Facilities. [See 40 CFR Section 125.91]
- Section 096-526-13 - Terms and Conditions for Existing Facilities. [See 40 CFR Section 125.94]
- Section 096-526-14 - application requirements for existing facilities [See 40 CFR Section 125.95]
- Section 096-526-15 - Monitoring Requirements for Existing Facilities. [See 40 CFR Section 125.96]
- Section 096-526-16 - Record Keeping and Reporting Requirements for Existing Facilities
- Section 096-526-17 - Application Processing Procedures for Existing Facilities [See 40 CFR Section 125.98]
- Section 096-526-18 - Application Requirements for New and Existing Facilities
SUMMARY: This Chapter establishes requirements that apply to cooling water intake structures at new and existing facilities that are subject to section 316(b) of the Clean Water Act (CWA), 33 U.S.C. § 1326(b). These requirements include standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures (for example, permit application requirements, information submission requirements) for establishing the appropriate technology requirements at certain specified facilities as well as monitoring, reporting, and recordkeeping requirements to demonstrate compliance. In combination, these components represent the best technology available for minimizing adverse environmental impact associated with the use of cooling water intake structures.
These requirements will be established and implemented in Maine Pollutant Discharge Elimination System (MEPDES) permits issued under the State's delegated authority under the CWA, in accordance with the procedures of Chapter 522 and Chapter 2 of the Department of Environmental Protection's (Department) rules, as applicable. In the event of inconsistencies with Chapter 522 or Chapter 2, cooling water intake applications will be processed in accordance with the procedures set forth in this Chapter.
This rule does not authorize take, as defined by the Endangered Species Act, 16 U.S.C. 1532(19). The U.S. Fish and Wildlife Service and National Marine Fisheries Service (the Services) have determined that any impingement (including entrapment) or entrainment of State or federally listed species constitutes take. Such take may be authorized pursuant to the conditions of a permit issued under 16 U.S.C. 1539(a) or where consistent with an Incidental Take Statement contained in a Biological Opinion pursuant to 16 U.S.C. 1536(o).
AUTHORITY: 38 MRSA §§341-H and 414-A(6)
