Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 526 - COOLING WATER INTAKE STRUCTURES
Section 096-526-6 - Terms and Conditions for New Facilities [See 40 CFR Section 125.84]
Universal Citation: 06 ME Code Rules ยง 096-526-6
Current through 2024-38, September 18, 2024
A. The Owner or Operator of a new facility must comply with:
(1) Track I in paragraph B or C of this
section; or
(2) Track II in
paragraph D of this section.
In addition to meeting the requirements in paragraph B, C, or D of this section, the Owner or Operator of a new facility may be required to comply with paragraph E of this section.
B. Track I requirements for new facilities that withdraw equal to or greater than 10 MGD. The Owner or Operator must comply with all of the following requirements:
(1) The Owner or Operator must reduce the
intake flow, at a minimum, to a level commensurate with that which can be
attained by a closed-cycle recirculating system;
(2) The Owner or Operator must design and
construct each cooling water intake structure at the facility to a maximum
through-screen design intake velocity of 0.5 feet per second (ft/s);
(3) The Owner or Operator must design and
construct the cooling water intake structure such that the total design intake
flow from all cooling water intake structures at the facility meets the
following requirements:
(a) For cooling water
intake structures located in a freshwater river or stream, the total design
intake flow must be no greater than five percent of the source water annual
mean flow;
(b) For cooling water
intake structures located in a lake or reservoir, the total design intake flow
must not disrupt the natural thermal stratification or turnover pattern (where
present) of the source water except in cases where the disruption is determined
to be beneficial to the management of fisheries for fish and shellfish by any
fishery management agency(ies);
(c)
For cooling water intake structures located in an estuary or tidal river, the
total design intake flow over one tidal cycle of ebb and flow must be no
greater than one percent of the volume of the water column within the area
centered about the opening of the intake with a diameter defined by the
distance of one tidal excursion at the mean low water level.
(4) The Owner or Operator must
select and implement design and construction technologies or operational
measures for minimizing impingement mortality of fish and shellfish if:
(a) There are threatened or endangered or
otherwise protected federal, or state species, or critical habitat for these
species, within the hydraulic zone of influence of the cooling water intake
structure; or
(b) Based on
information submitted by any fishery management agency(ies) or other relevant
information, there are migratory and/or sport or commercial species of
impingement concern to the Department that pass through the hydraulic zone of
influence of the cooling water intake structure; or
(c) It is determined by the Department, based
on information submitted by any fishery management agency(ies) or other
relevant information, that the proposed facility, after meeting the
technology-based performance requirements in paragraphs B(1), (2), and (3) of
this section, would still contribute unacceptable stress to the protected
species, critical habitat of those species, or species of concern.
(5) The Owner or Operator must
select and implement design and construction technologies or operational
measures for minimizing entrainment of entrainable life stages of fish and
shellfish if:
(a) There are threatened or
endangered or otherwise protected federal, or state species, or critical
habitat for these species, within the hydraulic zone of influence of the
cooling water intake structure; or
(b) Based on information submitted by any
fishery management agency(ies) or other relevant information, there are or
would be undesirable cumulative stressors affecting entrainable life stages of
species of concern to the Department and the Department determines that the
proposed facility, after meeting the technology-based performance requirements
in paragraphs B(1), (2), and (3) of this section, would still contribute
unacceptable stress to the protected species, critical habitat of those
species, or species of concern.
(6) The Owner or Operator must submit the
application information required in sections 18 and 8.B;
(7) The Owner or Operator must implement the
monitoring requirements specified in section 9;
(8) The Owner or Operator must implement the
recordkeeping and reporting requirements specified in section 10.
C. Track I requirements for new facilities that withdraw greater than 2 MGD and less than 10 MGD and that choose not to comply with paragraph B of this section. The Owner or Operator must comply with all the following requirements:
(1) The Owner or Operator must design and
construct each cooling water intake structure at the facility to a maximum
through-screen design intake velocity of 0.5 ft/s;
(2) The Owner or Operator must design and
construct the cooling water intake structure such that the total design intake
flow from all cooling water intake structures at the facility meets the
following requirements:
(a) For cooling water
intake structures located in a freshwater river or stream, the total design
intake flow must be no greater than five percent of the source water annual
mean flow;
(b) For cooling water
intake structures located in a lake or reservoir, the total design intake flow
must not disrupt the natural thermal stratification or turnover pattern (where
present) of the source water except in cases where the disruption is determined
to be beneficial to the management of fisheries for fish and shellfish by any
fishery management agency(ies);
(c)
For cooling water intake structures located in an estuary or tidal river, the
total design intake flow over one tidal cycle of ebb and flow must be no
greater than one percent of the volume of the water column within the area
centered about the opening of the intake with a diameter defined by the
distance of one tidal excursion at the mean low water level.
(3) The Owner or Operator must
select and implement design and construction technologies or operational
measures for minimizing impingement mortality of fish and shellfish if:
(a) There are threatened or endangered or
otherwise protected federal, or state species, or critical habitat for these
species, within the hydraulic zone of influence of the cooling water intake
structure; or
(b) Based on
information submitted by any fishery management agency(ies) or other relevant
information, there are migratory and/or sport or commercial species of
impingement concern to the Department that pass through the hydraulic zone of
influence of the cooling water intake structure; or
(c) It is determined by the Department, based
on information submitted by any fishery management agency(ies) or other
relevant information, that the proposed facility, after meeting the
technology-based performance requirements in paragraphs C(1) and (2) of this
section, would still contribute unacceptable stress to the protected species,
critical habitat of those species, or species of concern.
(4) The Owner or Operator must select and
implement design and construction technologies or operational measures for
minimizing entrainment of entrainable life stages of fish and
shellfish;
(5) The Owner or
Operator must submit the application information required in sections 18 and
8.B(2), (3), and (4);
(6) The Owner
or Operator must implement the monitoring requirements specified in section
9;
(7) The Owner or Operator must
implement the recordkeeping and reporting requirements specified in section
10.
D. Track II. The Owner or Operator of a new facility that chooses to comply under Track II must comply with the following requirements:
(1) The Owner or Operator must demonstrate to
the Department that the technologies employed will reduce the level of adverse
environmental impact from the cooling water intake structures to a level
comparable to that which the Owner or Operator would achieve were the Owner or
Operator to implement the requirements of paragraphs B(1) and (2) of this
section. 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 if the Owner or
Operator were to implement the requirements of paragraphs B(1) and (2) of this
section. The Department must consider information provided by any fishery
management agency and may also consider data and information from other
sources.
(2) The Owner or Operator
must design and construct the cooling water intake structure such that the
total design intake flow from all cooling water intake structures at the
facility meet the following requirements:
(a)
For cooling water intake structures located in a freshwater river or stream,
the total design intake flow must be no greater than five percent of the source
water annual mean flow;
(b) For
cooling water intake structures located in a lake or reservoir, the total
design intake flow must not disrupt the natural thermal stratification or
turnover pattern (where present) of the source water except in cases where the
disruption is determined to be beneficial to the management of fisheries for
fish and shellfish by any fishery management agency(ies);
(c) For cooling water intake structures
located in an estuary or tidal river, the total design intake flow over one
tidal cycle of ebb and flow must be no greater than one percent of the volume
of the water column within the area centered about the opening of the intake
with a diameter defined by the distance of one tidal excursion at the mean low
water level.
(3) The
Owner or Operator must submit the application information required in sections
18 and 8.C.
(4) The Owner or
Operator must implement the monitoring requirements specified in section
9.
(5) The Owner or Operator must
implement the recordkeeping and reporting requirements specified in section
10.
E. The Owner or Operator must comply with any more stringent requirements relating to the location, design, construction, and capacity of a cooling water intake structure or monitoring requirements at a new facility that the Department deems are reasonably necessary to comply with any provision of state law, including compliance with applicable state water quality standards (including designated uses, criteria, and antidegradation requirements).
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