Current through 2024-38, September 18, 2024
A.
Applicable
Best Technology Available for Minimizing Adverse Environmental Impact (BTA)
standards.
(1) The Owner or Operator of
an existing facility with a cumulative DIF greater than 2 MGD is subject to the
BTA standards for impingement mortality under paragraph C of this section, and
entrainment under paragraph D of this section, including any measures to
protect State or Federally listed threatened and endangered species and
designated critical habitat established under paragraph G of this
section.
(2) [Reserved]
(3) The Owner or Operator of a new unit is
subject to the impingement mortality and entrainment standards under paragraph
E of this section for all cooling water intake flows used by the new unit. The
remainder of the existing facility is subject to the impingement mortality
standard under paragraph C of this section, and the entrainment standard under
paragraph D of this section. The entire existing facility including any new
units is subject to any measures to protect State or Federally listed
threatened and endangered species and designated critical habitat established
under paragraph G of this section.
B.
Compliance with BTA
standards.
(1)
Aligning
compliance deadlines for impingement mortality and entrainment
requirements. After issuance of a final permit that establishes the
entrainment requirements under section 13.D, the Owner or Operator of an
existing facility must comply with the impingement mortality standard in
section 13.C as soon as practicable. The Department may establish interim
compliance milestones in the permit.
(2) After issuance of a final permit
establishing the entrainment requirements under section 13.D, the Owner or
Operator of an existing facility must comply with the entrainment standard as
soon as practicable, based on a schedule of requirements established by the
Department. The Department may establish interim compliance milestones in the
permit.
(3) The Owner or Operator
of a new unit at an existing facility must comply with the BTA standards at
section 13.E with respect to the new unit upon commencement of the new unit's
operation.
C.
BTA
Standards for Impingement Mortality. The Owner or Operator of an
existing facility must comply with one of the alternatives in paragraphs C(1)
through (7) of this section, except as provided in paragraphs C(11) or (12) of
this section, when approved by the Department. In addition, a facility may also
be subject to the requirements of paragraphs C(8), C(9), or G of this section
if the Department requires such additional measures.
(1)
Closed-cycle recirculating
system. A facility must operate a closed-cycle recirculating system as
defined in section 4. In addition, the Owner or Operator must monitor the
actual intake flows at a minimum frequency of daily. The monitoring must be
representative of normal operating conditions, and must include measuring
cooling water withdrawals, make-up water, and blowdown volume. In lieu of daily
intake flow monitoring, the Owner or Operator may monitor the cycles of
concentration at a minimum frequency of daily; or
(2)
0.5 Feet Per Second
Through-Screen Design Velocity. A facility must operate a cooling
water intake structure that has a maximum design through-screen intake velocity
of 0.5 feet per second. The Owner or Operator of the facility must submit
information to the Department that demonstrates that the maximum design intake
velocity as water passes through the structural components of a screen measured
perpendicular to the screen mesh does not exceed 0.5 feet per second. The
maximum velocity must be achieved under all conditions, including during
minimum ambient source water surface elevations (based on BPJ using
hydrological data) and during periods of maximum head loss across the screens
or other devices during normal operation of the intake structure; or
(3)
0.5 Feet Per Second
Through-Screen Actual Velocity. A facility must operate a cooling
water intake structure that has a maximum through-screen intake velocity of 0.5
feet per second. The Owner or Operator of the facility must submit information
to the Department that demonstrates that the maximum intake velocity as water
passes through the structural components of a screen measured perpendicular to
the screen mesh does not exceed 0.5 feet per second. The maximum velocity must
be achieved under all conditions, including during minimum ambient source water
surface elevations (based on BPJ using hydrological data) and during periods of
maximum head loss across the screens or other devices during normal operation
of the intake structure. The Department may authorize the Owner or Operator of
the facility to exceed the 0.5 ft/sec velocity at an intake for brief periods
for the purpose of maintaining the cooling water intake system, such as
backwashing the screen face. If the intake does not have a screen, the maximum
intake velocity perpendicular to the opening of the intake must not exceed 0.5
feet per second during minimum ambient source water surface elevations. In
addition, the Owner or Operator must monitor the velocity at the screen at a
minimum frequency of daily. In lieu of velocity monitoring at the screen face,
the Owner or Operator may calculate the through-screen velocity using water
flow, water depth, and the screen open areas; or
(4)
Existing offshore velocity
cap. A facility must operate an existing offshore velocity cap as
defined in this Chapter that was installed on or before October 14, 2014.
Offshore velocity caps installed after October 14, 2014, must make either a
demonstration under paragraph C(6) of this section or meet the performance
standard under paragraph C(7) of this section. In addition, the Owner or
Operator must monitor the intake flow at a minimum frequency of daily;
or
(5)
Modified traveling
screens. A facility must operate a modified traveling screen that the
Department determines meets the definition in this Chapter and that, after
review of the information required in the impingement technology
performance optimization study described in section 18.F(1), the
Department determines is the best technology available for impingement
reduction at the site. As the basis for the Department's determination, the
Owner or Operator of the facility must demonstrate the technology is or will be
optimized to minimize impingement mortality of all non-fragile species. The
Department must include verifiable and enforceable permit conditions that
ensure the technology will perform as demonstrated; or
(6)
Systems of technologies as the
BTA for impingement mortality. A facility must operate a system of
technologies, management practices, and operational measures that, after review
of the information required in the impingement technology performance
optimization study described in section 18.F(2), the Department
determines is the best technology available for impingement reduction at the
cooling water intake structures. As the basis for the Department's
determination, the Owner or Operator of the facility must demonstrate the
system of technology has been optimized to minimize impingement mortality of
all non-fragile species. In addition, the Department's decision will be
informed by comparing the impingement mortality performance data under
18.F(2)(d) to the impingement mortality performance standard that would
otherwise apply under paragraph C(7) of this section. The Department will
include verifiable and enforceable permit conditions that ensure the system of
technologies will perform as demonstrated; or
(7)
Impingement mortality performance
standard. A facility must achieve a 12-month impingement mortality
performance standard of all life stages of fish and shellfish of no more than
24 percent mortality, including latent mortality, for all non-fragile species
together that are collected or retained in a sieve with maximum opening
dimension of 0.56 inches and kept for a holding period of 18 to 96 hours. The
Department may, however, prescribe an alternative holding period. The Owner or
Operator must conduct biological monitoring at a minimum frequency of monthly
to demonstrate the impingement mortality performance. Each month, the Owner or
Operator must use all of the monitoring data collected during the previous 12
months to calculate the 12-month survival percentage. The 12-month impingement
mortality performance standard is the total number of fish killed divided by
the total number of fish impinged over the course of the entire 12 months. The
Owner or Operator of the facility must choose whether to demonstrate compliance
with this requirement for the entire facility, or for each individual cooling
water intake structure for which this paragraph is the selected impingement
mortality requirement.
(8)
Additional measures for shellfish. The Owner or Operator must
comply with any additional measures, such as seasonal deployment of barrier
nets, established by the Department to protect shellfish.
(9)
Additional measures for other
species. The Owner or Operator must comply with any additional
measures, established by the Department, to protect fragile species.
(10)
Reuse of other water for cooling
purposes. This impingement mortality standard does not apply to that
portion of cooling water that is process water, gray water, wastewater,
reclaimed water, or other waters reused as cooling water in lieu of water
obtained by marine, estuarine, or freshwater intakes.
(11)
De minimis rate of
impingement. In limited circumstances, rates of impingement may be so
low at a facility that additional impingement controls may not be justified.
The Department, based on review of site-specific data submitted under section
18, may conclude that the documented rate of impingement at the cooling water
intake is so low that no additional controls are warranted. For threatened or
endangered species, all unauthorized take is prohibited by the Endangered
Species Act of 1973 (16 U.S.C. 1531
et seq.). Notice of a
determination that no additional impingement controls are warranted must be
included in the draft or proposed permit and the Department's response to all
comments on this determination must be included in the record for the final
permit.
(12)
Low-capacity
utilization power generating units. If an existing facility has a
cooling water intake structure used for one or more existing electric
generating units, each with an annual average capacity utilization rate of less
than 8 percent averaged over a 24-month block contiguous period, the Owner or
Operator may request the Department consider less stringent requirements for
impingement mortality for that cooling water intake structure. The Department
may, based on review of site-specific data concerning cooling water system data
under section 18.E, establish the BTA standards for impingement mortality for
that cooling water intake structure that are less stringent than paragraphs
C(1) through (7) of this section.
D.
BTA standards for entrainment for
existing facilities. The Department must establish BTA standards for
entrainment for each intake on a site-specific basis. These standards must
reflect the Department's determination of the maximum reduction in entrainment
warranted after consideration of the relevant factors as specified in section
17. The Department may also require periodic reporting on the progress towards
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 paragraph requires
performance equivalent to a closed-cycle recirculating system as defined in
this Chapter, then under section 13.C(1) the facility will comply with the
impingement mortality standard for that intake.
E.
BTA standards for impingement
mortality and entrainment for new units at existing facilities. The
Owner or Operator of a new unit at an existing facility must achieve the
impingement mortality and entrainment standards provided in either paragraph
E(1) or (2) of this section, except as provided in paragraph E(4) of this
section, for each cooling water intake structure used to provide cooling water
to the new unit.
(1)
Requirements for
new units. The Owner or Operator of the facility must reduce the
design intake flow for the new unit, at a minimum, to a level commensurate with
that which can be attained by the use of a closed-cycle recirculating system
for the same level of cooling for the new unit.
(2)
Alternative requirements for new
units. The Owner or Operator of a new unit at an existing facility
must demonstrate to the Department that the technologies and operational
measures employed will reduce the level of adverse environmental impact from
any cooling water intake structure used to supply cooling water to the new unit
to a comparable level to that which would be achieved under section 13.E(1).
This demonstration must include a showing that the entrainment reduction is
equivalent to 90 percent or greater of the reduction that could be achieved
through compliance with section 13.E(1). In addition, this demonstration must
include a showing that the impacts to fish and shellfish, including important
forage and predator species, within the watershed will be comparable to those
which would result under the requirements of section 13.E(1).
(3) This standard does not apply to:
(i) Process water, gray water, wastewater,
reclaimed water, or other waters reused as cooling water in lieu of water
obtained by marine, estuarine, or freshwater intakes;
(ii) Cooling water used by manufacturing
facilities for contact cooling purposes;
(iii) Portions of those water withdrawals for
auxiliary plant cooling uses comprising less than 2 MGD of the facility's flow;
and
(iv) Any quantity of emergency
back-up water flows.
(4)
The Owner or Operator of a facility must comply with any alternative
requirements established by the Department pursuant to section
17.B(7).
(5) For cooling water
flows excluded by paragraph E(3) of this section, the Department may establish
additional BTA standards for impingement mortality and entrainment on a
site-specific basis.
F.
Nuclear facilities. If the Owner or Operator of a nuclear facility
demonstrates to the Department, upon the Department's consultation with the
U.S. Nuclear Regulatory Commission (NRC), the U.S. Department of Energy (DOE),
or the Naval Nuclear Propulsion Program (NNPP), that compliance with this
Chapter would result in a conflict with a safety requirement established by
NRC, DOE, or NNPP, the Department will make a site-specific determination of
BTA that would not result in a conflict with the NRC, DOE, or NNPP safety
requirement.
G.
Additional
measures to protect State or Federally listed threatened and endangered species
and designated critical habitat. The Department may establish in the
permit additional control measures, monitoring requirements, and reporting
requirements that are designed to minimize incidental take, reduce or remove
more than minor detrimental effects to State or Federally listed species and
designated critical habitat, or avoid jeopardizing State or Federally listed
species or destroying or adversely modifying designated critical habitat (e.g.,
prey base). Such control measures, monitoring requirements, and reporting
requirements may include measures or requirements identified by an appropriate
Field Office of the U.S. Fish and Wildlife Service and/or Regional Office of
the National Marine Fisheries Service during the 60-day review period pursuant
to section 17.H or the public notice and comment period pursuant to Chapter
522. Where established in the permit by the Department, the Owner or Operator
must implement any such requirements.
H.
Interim BTA requirements. An
Owner or Operator of a facility may be subject to interim BTA requirements
established by the Department in the permit on a site-specific basis.
I.
More stringent standards. The
Department must establish more stringent requirements as BTA if the Department
determines that compliance with the applicable requirements of this section
would not meet the requirements of applicable State law, including compliance
with applicable water quality standards (including designated uses, criteria,
and antidegradation requirements).
J. The Owner or Operator of a facility
subject to this Chapter must:
(1) Submit and
retain the permit application and supporting information as specified in
section 14;
(2) Conduct compliance
monitoring as specified in section 15; and
(3) Report information and data and keep
records as specified in section 16.
