Current through 2024-38, September 18, 2024
Any person who requires a MEPDES permit for a facility that
has a cooling water intake structure shall submit the following information
with the MEPDES permit application. [See
40 CFR §
122.21(r)]
A.
(1)
New facilities with new or
modified cooling water intake structures. New facilities with cooling
water intake structures as defined in this Chapter must submit to the
Department for review the information required under paragraphs B, C, and D
(except D(9), (10), (11), and (12)) of this section and section 8 as part of
the permit application.
(2)
Existing facilities.(a)
All existing facilities. The Owner or Operator of an existing
facility as defined in this Chapter must submit to the Department for review
the information required under paragraphs B and C of this section and
applicable provisions of paragraphs D, E, F, G, and H of this
section.
(b)
Existing
facilities greater than 125 MGD AIF. In addition, the Owner or
Operator of an existing facility that withdraws greater than 125 MGD AIF, as
defined in section 4, of water for cooling purposes must also submit to the
Department for review the information required under paragraphs I, J, K, L, and
M of this section. 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 section 4, the Department may reduce or
waive some or all of the information required under paragraphs I through M of
this section.
(c)
Additional information. The Owner or Operator of an existing
facility must also submit such additional information as the Department
determines is necessary pursuant to section 17.I.
(d)
New units at existing
facilities. The Owner or Operator of a new unit at an existing
facility, as defined in this Chapter, must submit or update any information
previously provided to the Department by submitting the information required
under paragraphs B, C, E, H, and N of this section and applicable provisions of
paragraphs D, F, and G of this section. Requests for and approvals of
alternative requirements sought under section 13.E(2) or 17.B(7) must be
submitted with the permit application.
(e)
New units at existing facilities
not previously subject to this Chapter. The Owner or Operator of a new
unit as defined in section 4 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 must submit the information required under paragraphs B, C, E
and H of this section and applicable provisions of paragraphs D, F and G of
this section at the time of the permit application for the new unit. Requests
for alternative requirements under section 13.E(2) or section 17.B(7) must 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 must also submit
the information required in paragraphs I through M of this section. 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 section 4, the Department may reduce or waive some or all of the information
required under paragraphs I through M of this section.
(f) If the Owner or Operator of an existing
facility plans to retire the facility before the current permit expires, then
the requirements of paragraphs A(2)(a), (b), (c), (d), and (e) of this section
do not apply.
(g) 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 paragraphs G, I, J, K L, and M of this section pending a signed
certification statement from the Owner or Operator of the facility specifying
the last operating date of the facility.
(3)
All facilities. The
Owner or Operator of any existing facility or new unit at any existing facility
must 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 and/or Regional Office of the National Marine Fisheries
Service.
B.
Source
water physical data These include:
(1)
A narrative description and scaled drawings showing the physical configuration
of all source water bodies used by the facility, including areal dimensions,
depths, salinity and temperature regimes, and other documentation that supports
the applicant's determination of the water body type where each cooling water
intake structure is located;
(2)
Identification and characterization of the source water body's hydrological and
geomorphological features, as well as the methods used to conduct any physical
studies to determine the intake's area of influence within the water body and
the results of such studies; and
(3) Locational maps.
C.
Cooling water intake structure
data. These include:
(1) A narrative
description of the configuration of each of the cooling water intake structures
and where it is located in the water body and in the water column;
(2) Latitude and longitude in degrees,
minutes, and seconds for each of the cooling water intake structures;
(3) A narrative description of the operation
of each of the cooling water intake structures, including design intake flows,
daily hours of operation, number of days of the year in operation and seasonal
changes, if applicable;
(4) A flow
distribution and water balance diagram that includes all sources of water to
the facility, recirculating flows, and discharges; and
(5) Engineering drawings of the cooling water
intake structure.
D.
Source water baseline biological characterization data. This
information is required to characterize the biological community in the
vicinity of the cooling water intake structure and to characterize the
operation of the cooling water intake structures. The Department may also use
this information in subsequent permit renewal proceedings to determine if the
Design and Construction Technology Plan as required in section 8.(B)(4) should
be revised. This supporting information must include existing data (if they are
available). However, the applicant may supplement the data using newly
conducted field studies if they choose to do so. The information submitted must
include:
(1) A list of the data in paragraphs
D(2) through (6) of this section that are not available and efforts made to
identify sources of the data;
(2) A
list of species (or relevant taxa) for all life stages and their relative
abundance in the vicinity of the cooling water intake structure;
(3) Identification of the species and life
stages that would be most susceptible to impingement and entrainment. Species
evaluated should include the forage base as well as those most important in
terms of significance to commercial and recreational fisheries;
(4) Identification and evaluation of the
primary period of reproduction, larval recruitment, and period of peak
abundance for relevant taxa;
(5)
Data representative of the seasonal and daily activities (e.g., feeding and
water column migration) of biological organisms in the vicinity of the cooling
water intake structure;
(6)
Identification of all threatened, endangered, and other protected species that
might be susceptible to impingement and entrainment at the cooling water intake
structures;
(7) Documentation of
any public participation or consultation with Federal or State agencies
undertaken in development of the plan; and
(8) If the applicant supplements the
information requested in paragraph D(1) of this section with data collected
using field studies, supporting documentation for the Source Water Baseline
Biological Characterization must include a description of all methods and
quality assurance procedures for sampling and data analysis including a
description of the study area; taxonomic identification of sampled and
evaluated biological assemblages (including all life stages of fish and
shellfish); and sampling and data analysis methods. The sampling and/or data
analysis methods used must be appropriate for a quantitative survey and based
on consideration of methods used in other biological studies performed within
the same source water body. The study area should include, at a minimum, the
area of influence of the cooling water intake structure.
(9) [Reserved]
(10) For the Owner or Operator of an existing
facility, identification of protective measures and stabilization activities
that have been implemented, and a description of how these measures and
activities affected the baseline water condition in the vicinity of the
intake.
(11) For the Owner or
Operator of an existing facility, a list of fragile species, as defined in this
Chapter, at the facility. The applicant need only identify those species not
already identified as fragile in this Chapter. New units at an existing
facility are not required to resubmit this information if the cooling water
withdrawals for the operation of the new unit are from an existing
intake.
(12) For the Owner or
Operator of an existing facility that has obtained incidental take exemption or
authorization for its cooling water intake structure(s) from the U.S. Fish and
Wildlife Service or the National Marine Fisheries Service, any information
submitted in order to obtain that exemption or authorization may be used to
satisfy the permit application information requirement of section 14.F if
included in the application.
E.
Cooling water system data.
The Owner or Operator of an existing facility must submit the following
information for each cooling water intake structure used or intended to be
used:
(1) A narrative description of the
operation of the cooling water system and its relationship to cooling water
intake structures; the proportion of the design intake flow that is used in the
system; the number of days of the year the cooling water system is in operation
and seasonal changes in the operation of the system, if applicable; the
proportion of design intake flow for contact cooling, non-contact cooling, and
process uses; a distribution of water reuse to include cooling water reused as
process water, process water reused for cooling, and the use of gray water for
cooling; a description of reductions in total water withdrawals including
cooling water intake flow reductions already achieved through minimized process
water withdrawals; a description of any cooling water that is used in a
manufacturing process either before or after it is used for cooling, including
other recycled process water flows; the proportion of the source water body
withdrawn (on a monthly basis);
(2)
Design and engineering calculations prepared by a qualified professional and
supporting data to support the description required by paragraph E(1) of this
section; and
(3) Description of
existing impingement and entrainment technologies or operational measures and a
summary of their performance, including but not limited to reductions in
impingement mortality and entrainment due to intake location and reductions in
total water withdrawals and usage.
F.
Chosen method(s) of compliance with
impingement mortality standard. The Owner or Operator of the facility
must identify the chosen compliance method for the entire facility;
alternatively, the applicant must identify the chosen compliance method for
each cooling water intake structure at its facility. The applicant must
identify any intake structure for which a BTA determination for Impingement
Mortality under section 13.C(11) or (12) is requested. In addition, the Owner
or Operator that chooses to comply via section 13.C(5) or (6) must also submit
an impingement technology performance optimization study as
described below:
(1) If the applicant chooses
to comply with section 13.C(5), the
impingement technology performance
optimization study must include two years of biological data
collection measuring the reduction in impingement mortality achieved by the
modified traveling screens as defined in this Chapter and demonstrating that
the operation has been optimized to minimize impingement mortality. A complete
description of the modified traveling screens and associated equipment must be
included, including, for example, type of mesh, mesh slot size, pressure sprays
and fish return mechanisms. A description of any biological data collection and
data collection approach used in measuring impingement mortality must be
included:
(a) Collecting data no less
frequently than monthly. The Department may establish more frequent data
collection;
(b) Biological data
collection representative of the impingement and the impingement mortality at
the intakes subject to this provision;
(c) A taxonomic identification to the lowest
taxon possible of all organisms collected;
(d) The method in which naturally moribund
organisms are identified and taken into account;
(e) The method in which mortality due to
holding times is taken into account;
(f) If the facility entraps fish or
shellfish, a count of entrapment, as defined in this Chapter, as impingement
mortality; and
(g) The percent
impingement mortality reflecting optimized operation of the modified traveling
screen and all supporting calculations.
(2) If the applicant chooses to comply with
section 13.C(6), the
impingement technology performance optimization
study must include biological data measuring the reduction in
impingement mortality achieved by operation of the system of technologies,
operational measures, and best management practices; and demonstrating that
operation of the system has been optimized to minimize impingement mortality.
This system of technologies, operational measures, and best management
practices may include flow reductions, seasonal operation, unit closure, credit
for intake location, and behavioral deterrent systems. The applicant must
document how each system element contributes to the system's performance. The
applicant must include a minimum of two years of biological data measuring the
reduction in impingement mortality achieved by the system. The applicant must
also include a description of any sampling or data collection approach used in
measuring the rate of impingement, impingement mortality, or flow reductions.
(a)
Rate of Impingement. If
the demonstration relies in part on a credit for reductions in the rate of
impingement in the system, the applicant must provide an estimate of those
reductions to be used as credit towards reducing impingement mortality, and any
relevant supporting documentation, including previously collected biological
data, performance reviews, and previously conducted performance studies not
already submitted to the Department. The submission of studies more than 10
years old must include an explanation of why the data are still relevant and
representative of conditions at the facility and explain how the data should be
interpreted using the definitions of impingement and entrapment in this
Chapter. The estimated reductions in rate of impingement must be based on a
comparison of the system to a once-through cooling system with a traveling
screen whose point of withdrawal from the surface water source is located at
the shoreline of the source water body. For impoundments that are waters of the
State in whole or in part, the facility's rate of impingement must be measured
at a location within the cooling water intake system that the Department deems
appropriate. In addition, the applicant must include two years of biological
data collection demonstrating the rate of impingement resulting from the
system. For this demonstration, the applicant must collect data no less
frequently than monthly. The Department may establish more frequent data
collection.
(b)
Impingement
Mortality. If the demonstration relies in part on a credit for
reductions in impingement mortality already obtained at the facility, the
applicant must include two years of biological data collection demonstrating
the level of impingement mortality the system is capable of achieving. The
applicant must submit any relevant supporting documentation, including
previously collected biological data, performance reviews, and previously
conducted performance studies not already submitted to the Department. The
applicant must provide a description of any sampling or data collection
approach used in measuring impingement mortality. In addition, for this
demonstration the applicant must:
(i) Collect
data no less frequently than monthly. The Department may establish more
frequent data collection;
(ii)
Conduct biological data collection that is representative of the impingement
and the impingement mortality at an intake subject to this provision. In
addition, the applicant must describe how the location of the cooling water
intake structure in the water body and the water column are accounted for in
the points of data collection;
(iii) Include a taxonomic identification to
the lowest taxon possible of all organisms to be collected;
(iv) Describe the method in which naturally
moribund organisms are identified and taken into account;
(v) Describe the method in which mortality
due to holding times is taken into account; and
(vi) If the facility entraps fish or
shellfish, a count of the entrapment, as defined in this Chapter, as
impingement mortality.
(c)
Flow reduction. If the
demonstration relies in part on flow reduction to reduce impingement, the
applicant must include two years of intake flows, measured daily, as part of
the demonstration, and describe the extent to which flow reductions are
seasonal or intermittent. The applicant must document how the flow reduction
results in reduced impingement. In addition, the applicant must describe how
the reduction in impingement has reduced impingement mortality.
(d)
Total system
performance. The applicant must document the percent impingement
mortality reflecting optimized operation of the total system of technologies,
operational measures, and best management practices and all supporting
calculations. The total system performance is the combination of the
impingement mortality performance reflected in section 18.F(2)(a), (b) and
(c).
G.
Entrainment performance studies. The Owner or Operator of an
existing facility must submit any previously conducted studies or studies
obtained from other facilities addressing technology efficacy, through-facility
entrainment survival, and other entrainment studies. Any such submittals must
include a description of each study, together with underlying data, and a
summary of any conclusions or results. Any studies conducted at other locations
must include an explanation as to why the data from other locations are
relevant and representative of conditions at the facility. In the case of
studies more than 10 years old, the applicant must explain why the data are
still relevant and representative of conditions at the facility and explain how
the data should be interpreted using the definition of entrainment in this
Chapter.
H.
Operational
status. The Owner or Operator of an existing facility must submit a
description of the operational status of each generating, production, or
process unit that uses cooling water, including but not limited to:
(1) For power production or steam generation,
descriptions of individual unit operating status including age of each unit;
capacity utilization rate (or equivalent) for the previous 5 years, including
any extended or unusual outages that significantly affect current data for
flow, impingement, entrainment, or other factors, including identification of
any operating unit with a capacity utilization rate of less than 8 percent
averaged over a 24-month block contiguous period; and any major upgrades
completed within the last 15 years, including but not limited to boiler
replacement, condenser replacement, turbine replacement, or changes to fuel
type;
(2) Descriptions of
completed, approved, or scheduled uprates and Nuclear Regulatory Commission
relicensing status of each unit at nuclear facilities;
(3) For process units at the facility that
use cooling water other than for power production or steam generation, if the
applicant intends to use reductions in flow or changes in operations to meet
the requirements of section 13.C, descriptions of individual production
processes and product lines; operating status including age of each line,
seasonal operation, including any extended or unusual outages that
significantly affect current data for flow, impingement, entrainment, or other
factors; any major upgrades completed within the last 15 years; and plans or
schedules for decommissioning or replacement of process units or production
processes and product lines;
(4)
For all manufacturing facilities, descriptions of current and future production
schedules; and
(5) Descriptions of
plans or schedules for any new units planned within the next 5 years.
I.
Entrainment
characterization study. The Owner or Operator of an existing facility
that withdraws greater than 125 MGD AIF, where the withdrawal of cooling water
is measured at a location within the cooling water intake structure that the
Department deems appropriate, must develop for submission to the Department an
Entrainment Characterization Study that includes a minimum of
two years of entrainment data collection. The Entrainment Characterization
Study must include the following components:
(1)
Entrainment Data Collection
Method. The study should identify and document the data collection
period and frequency. The study should identify and document organisms
collected to the lowest taxon possible of all life stages of fish and shellfish
that are in the vicinity of the cooling water intake structure(s) and are
susceptible to entrainment, including any organisms identified by the
Department, and any species protected under Federal, or State law, including
threatened or endangered species with a habitat range that includes waters in
the vicinity of the cooling water intake structure. Biological data collection
must be representative of the entrainment at the intakes subject to this
provision. The Owner or Operator of the facility must identify and document how
the location of the cooling water intake structure in the water body and the
water column are accounted for by the data collection locations;
(2)
Biological Entrainment
Characterization. Characterization of all life stages of fish,
shellfish, and any species protected under Federal, or State law (including
threatened or endangered species), including a description of their abundance
and their temporal and spatial characteristics in the vicinity of the cooling
water intake structure(s), based on sufficient data to characterize annual,
seasonal, and diel variations in entrainment, including but not limited to
variations related to climate and weather differences, spawning, feeding, and
water column migration. This characterization may include historical data that
are representative of the current operation of the facility and of biological
conditions at the site. Identification of all life stages of fish and shellfish
must include identification of any surrogate species used, and identification
of data representing both motile and non-motile life-stages of
organisms;
(3)
Analysis and
Supporting Documentation. Documentation of the current entrainment of
all life stages of fish, shellfish, and any species protected under Federal, or
State law (including threatened or endangered species). The documentation may
include historical data that are representative of the current operation of the
facility and of biological conditions at the site. Entrainment data to support
the facility's calculations must be collected during periods of representative
operational flows for the cooling water intake structure, and the flows
associated with the data collection must be documented. The method used to
determine latent mortality along with data for specific organism mortality or
survival that is applied to other life-stages or species must be identified.
The Owner or Operator of the facility must identify and document all
assumptions and calculations used to determine the total entrainment for that
facility together with all methods and quality assurance/quality control
procedures for data collection and data analysis. The proposed data collection
and data analysis methods must be appropriate for a quantitative
survey.
J.
Comprehensive technical feasibility and cost evaluation study. The
Owner or Operator of an existing facility that withdraws greater than 125 MGD
AIF must develop for submission to the Department an engineering study of the
technical feasibility and incremental costs of candidate entrainment control
technologies. In addition, the study must include the following:
(1)
Technical feasibility.
An evaluation of the technical feasibility of closed-cycle recirculating
systems as defined in this Chapter, fine mesh screens with a mesh size of 2
millimeters or smaller, and water reuse or alternate sources of cooling water.
In addition, this study must include:
(a) A
description of all technologies and operational measures considered (including
alternative designs of closed-cycle recirculating systems such as natural draft
cooling towers, mechanical draft cooling towers, hybrid designs, and compact or
multi-cell arrangements);
(b) A
discussion of land availability, including an evaluation of adjacent land and
acres potentially available due to generating unit retirements, production unit
retirements, other buildings and equipment retirements, and potential for
repurposing of areas devoted to ponds, coal piles, rail yards, transmission
yards, and parking lots;
(c) A
discussion of available sources of process water, gray water, wastewater,
reclaimed water, or other waters of appropriate quantity and quality for use as
some or all of the cooling water needs of the facility; and
(d) Documentation of factors other than cost
that may make a candidate technology impractical or infeasible for further
evaluation.
(2)
Other entrainment control technologies. An evaluation of
additional technologies for reducing entrainment may be required by the
Department.
(3)
Cost
evaluations. The study must include engineering cost estimates of all
technologies considered in paragraphs J(1) and (2) of this section. Facility
costs must also be adjusted to estimate social costs. All costs must be
presented as the net present value (NPV) and the corresponding annual value.
Costs must be clearly labeled as compliance costs or social costs. The
applicant must separately discuss facility level compliance costs and social
costs, and provide documentation as follows:
(a) Compliance costs are calculated as
after-tax, while social costs are calculated as pre-tax. Compliance costs
include the facility's administrative costs, including costs of permit
application, while the social cost adjustment includes the Department's
administrative costs. Any outages, downtime, or other impacts to facility net
revenue are included in compliance costs, while only that portion of lost net
revenue that does not accrue to other producers can be included in social
costs. Social costs must also be discounted using social discount rates of 3
percent and 7 percent. Assumptions regarding depreciation schedules, tax rates,
interest rates, discount rates and related assumptions must be
identified;
(b) Costs and
explanation of any additional facility modifications necessary to support
construction and operation of technologies considered in paragraphs J(1) and
(2) of this section, including but not limited to relocation of existing
buildings or equipment, reinforcement or upgrading of existing equipment, and
additional construction and operating permits. Assumptions regarding
depreciation schedules, interest rates, discount rates, useful life of the
technology considered, and any related assumptions must be identified;
and
(c) Costs and explanation for
addressing any non-water quality environmental and other impacts identified in
paragraph L of this section. The cost evaluation must include a discussion of
all reasonable attempts to mitigate each of these impacts.
K.
Benefits valuation
study. The Owner or Operator of an existing facility that withdraws
greater than 125 MGD AIF must develop for submission to the Department an
evaluation of the benefits of the candidate entrainment reduction technologies
and operational measures evaluated in paragraph J of this section, including
using the Entrainment Characterization Study completed in paragraph I of this
section. Each category of benefits must be described narratively, and when
possible, benefits should be quantified in physical or biological units and
monetized using appropriate economic valuation methods. The benefits valuation
study must include, but is not limited to, the following elements:
(1) Incremental changes in the numbers of
individual fish and shellfish lost due to impingement mortality and entrainment
as defined in this Chapter, for all life stages of each exposed
species;
(2) Description of basis
for any estimates of changes in the stock sizes or harvest levels of commercial
and recreational fish or shellfish species or forage fish species;
(3) Description of basis for any monetized
values assigned to changes in the stock size or harvest levels of commercial
and recreational fish or shellfish species, forage fish, and to any other
ecosystem or non-use benefits;
(4)
[Reserved]
(5) Discussion, with
quantification and monetization, where possible, of any other benefits expected
to accrue to the environment and local communities, including but not limited
to improvements for mammals, birds, and other organisms and aquatic
habitats;
(6) Discussion, with
quantification and monetization, where possible, of any benefits expected to
result from any reductions in thermal discharges from entrainment
technologies.
L.
Non-water quality environmental and other impacts study. The Owner
or Operator of an existing facility that withdraws greater than 125 MGD AIF
must develop for submission to the Department a detailed facility-specific
discussion of the changes in non-water quality environmental and other impacts
attributed to each technology and operational measure considered in paragraph J
of this section, including both impacts increased and impacts decreased. The
study must include the following:
(1)
Estimates of changes to energy consumption, including but not limited to
auxiliary power consumption and turbine backpressure energy penalty;
(2) Estimates of air pollutant emissions and
of the human health and environmental impacts associated with such
emissions;
(3) Estimates of changes
in noise;
(4) A discussion of
impacts to safety, including documentation of the potential for plumes, icing,
and availability of emergency cooling water;
(5) A discussion of facility reliability,
including but not limited to facility availability, production of steam,
impacts to production based on process unit heating or cooling, and reliability
due to cooling water availability;
(6) Significant changes in consumption of
water, including a facility-specific comparison of the evaporative losses of
both once-through cooling and closed-cycle recirculating systems, and
documentation of impacts attributable to changes in water consumption;
and
(7) A discussion of all
reasonable attempts to mitigate each of these factors.
M.
Peer review. If the applicant
is required to submit studies under paragraphs J through L of this section, the
applicant must conduct an external peer review of each report to be submitted
with the permit application. The applicant must select peer reviewers and
notify the Department in advance of the peer review. The Department may
disapprove of a peer reviewer or require additional peer reviewers. The
Department may confer with EPA, Federal and State fish and wildlife management
agencies with responsibility for fish and wildlife potentially affected by the
cooling water intake structure, independent system operators, and state public
utility regulatory agencies, to determine which peer review comments must be
addressed. The applicant must provide an explanation for any significant
reviewer comments not accepted. Peer reviewers must have appropriate
qualifications and their names and credentials must be included in the peer
review report.
N.
New
units. The applicant must identify the chosen compliance method for the
new unit. In addition, the Owner or Operator that selects the BTA standards for
new units in section 13.E(2) as its route to compliance must submit information
to demonstrate entrainment reductions equivalent to 90 percent or greater of
the reduction that could be achieved through compliance with section 13.E(1).
The demonstration must include the Entrainment Characterization Study at
paragraph I of this section. In addition, if data specific to the facility
indicate that compliance with the requirements of section 13 for each new unit
would result in compliance costs wholly out of proportion to the costs EPA
considered in establishing the requirements at issue, or would result in
significant adverse impacts on local air quality, significant adverse impacts
on local water resources other than impingement or entrainment, or significant
adverse impacts on local energy markets, the applicant must submit all
supporting data as part of paragraph N of this section. The Department may
determine that additional data and information, including but not limited to
monitoring, must be included as part of paragraph N of this section.
