Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 526 - COOLING WATER INTAKE STRUCTURES
Section 096-526-15 - Monitoring Requirements for Existing Facilities. [See 40 CFR Section 125.96]

Current through 2024-38, September 18, 2024

A. Monitoring requirements for impingement mortality for existing facilities. The Department may establish monitoring requirements in addition to those specified at section 13.C, including, for example, biological monitoring, intake velocity and flow measurements. If the Department establishes such monitoring, the specific protocols will be determined by the Department.

B. Monitoring requirements for entrainment for existing facilities. Monitoring requirements for entrainment will be determined by the Department on a site-specific basis, as appropriate, to meet requirements under section 13.D.

C. Additional monitoring requirements for existing facilities. The Department may require additional monitoring for impingement or entrainment including, but not limited to, the following:

(1) The Department may require additional monitoring if there are changes in operating conditions at the facility or in the source water body that warrant a re-examination of the operational conditions identified in section 18.

(2) The Department may require additional monitoring for species not subject to the BTA requirements for impingement mortality in section 13.C. Such monitoring requirements will be determined by the Department on a site-specific basis.

D. Monitoring requirements for new units at existing facilities. Monitoring is required to demonstrate compliance with the requirements of section 13.E.

(1) The Department may establish monitoring requirements for impingement, impingement mortality, and entrainment of the commercial, recreational, and forage base fish and shellfish species identified in the Source Water Baseline Biological Characterization data required by section 18.D. Monitoring methods used must be consistent with those used for the Source Water Baseline Biological Characterization described in section 18.D. If the Department establishes such monitoring requirements, the frequency of monitoring and specific protocols will be determined by the Department.

(2) If the facility is subject to the requirements of section 13.E(1) or (2), the frequency of flow monitoring and velocity monitoring must be daily and must be representative of normal operating conditions. Flow monitoring must include measuring cooling water withdrawals, make-up water, and blowdown volume. The Department may require additional monitoring necessary to demonstrate compliance with section 13.E.

(3) If the facility is subject to the requirements of section 13.E(2), the Owner or Operator must monitor to demonstrate achievement of reductions commensurate with a closed-cycle recirculating system. The Owner or Operator must monitor entrainable organisms at a proximity to the intake that is representative of the entrainable organisms in the absence of the intake structure. The Owner or Operator must also monitor the latent entrainment mortality in front of the intake structure. Mortality after passing the cooling water intake structure must be counted as 100 percent mortality unless the Owner or Operator has demonstrated to the approval of the Department that the mortality for each species is less than 100 percent. Monitoring must be representative of the cooling water intake when the structure is in operation. In addition, sufficient samples must be collected to allow for calculation of annual average entrainment levels of all life stages of fish and shellfish. Specific monitoring protocols and frequency of monitoring will be determined by the Department. The Owner or Operator must follow the monitoring frequencies identified by the Department for at least two years after the initial permit issuance. After that time, the Department may approve a request for less frequent monitoring in the remaining years of the permit term and when a subsequent permit is reissued. The monitoring must measure the total count of entrainable organisms or density of organisms, unless the Department approves of a different metric for such measurements. In addition, the Owner or Operator must monitor the AIF for each intake. The AIF must be measured at the same time as the samples of entrainable organisms are collected. The Department may require additional monitoring necessary to demonstrate compliance with section 13.E.

(4) The Department may require additional monitoring for impingement or entrainment at the cooling water intake structure used by a new unit including, but not limited to, the following:
(i) The Department may require additional monitoring if there are changes in operating conditions at the facility or in the source water body that warrant a re-examination of the operational conditions identified in section 18.

(ii) The Department may require additional monitoring for species not subject to the BTA requirements for impingement mortality in section 13.C. Such monitoring requirements will be determined by the Department on a site-specific basis.

E. Visual or remote inspections. The Owner or Operator must either conduct visual inspections or employ remote monitoring devices during the period the cooling water intake structure is in operation. The Owner or Operator must conduct such inspections at least weekly to ensure that any technologies operated to comply with section 13 are maintained and operated to function as designed, including those installed to protect State or Federally listed threatened or endangered species or designated critical habitat. The Department may establish alternative procedures if this requirement is not feasible (e.g., an offshore intake, velocity cap, or during periods of inclement weather).

F. Request for reduced monitoring. For facilities that are subject to section 13.C(7) and where the facility's cooling water intake structure does not directly or indirectly affect State or Federally listed threatened and endangered species, or designated critical habitat, the Owner or Operator of the facility may request the Department to reduce monitoring requirements after the first full permit term in which these monitoring requirements are implemented, on the condition that the results of the monitoring to date demonstrate that the Owner or Operator of the facility has consistently operated the intake as designed and is meeting the requirements of section 13.C.

G. Additional monitoring related to State or Federally listed threatened and endangered species and designated critical habitat at existing facilities. Where the Department requires additional measures to protect State or Federally listed threatened or endangered species or designated critical habitat pursuant to section 13.G, the Department will require monitoring associated with those measures.

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