Public Comment Period On Cooling Water Intakes

[Tim Smith]

From the AFS message board:

EPA Opens Public Comment on Proposed Standards to Protect Aquatic

Ecosystems

WASHINGTON Today, as required by the Clean Water Act and pursuant to a

settlement agreement, the U.S. Environmental Protection Agency (EPA) is

proposing for public comment standards to protect billions of fish and

other aquatic organisms drawn each year into cooling water systems at

large power plants and factories. The proposal, based on Section 316(

of the Clean Water Act, would establish a common sense framework,

putting a premium on public input and flexibility.

This proposal establishes a strong baseline level of protection and

then allows additional safeguards for aquatic life to be developed

through a rigorous site-specific analysis, an approach that ensures the

most up to date technology available is being used. It puts

implementation analysis in the hands of the permit writers, where

requirements can be tailored to the particular facility, said Nancy

Stoner, EPAs Acting Assistant Administrator for the Office of Water.

"The publics comments will be instrumental in shaping safeguards for

aquatic life and to build a commonsense path forward. The input we

receive will make certain that we end up with a flexible and effective

rule to protect the health of our waters and ecosystems."

Safeguards against impingement will be required for all facilities above

a minimum size; closed-cycle cooling systems may also be required on a

case by case basis when, based on thorough site-specific analysis by

permitting authorities, such requirements are determined to be

appropriate. EPA is proposing this regulation as a result of a

settlement agreement with Riverkeeper, Inc. and other environmental

groups.

Flexible Technology Standards:

Fish Impingement (Being pinned against screens or other parts of a

cooling water intake structure):

Existing facilities that withdraw at least 25 percent of their water

exclusively for cooling purposes and have a design intake flow of

greater than 2 million gallons per day (MGD) would be required to reduce

fish impingement under the proposed regulations. To ensure flexibility,

the owner or operator of the facility will be able to choose one of two

options for meeting best technology available requirements for reducing

impingement. They may conduct monitoring to show the specified

performance standards for impingement mortality of fish and shellfish

have been met, or they may demonstrate to the permitting authority that

the intake velocity meets the specified design criteria. EPA estimates

that a more than half of the facilities that could be impacted by this

proposed rule already employ readily available technologies that are

likely to put them into compliance with the final standard without

further modification.

Fish Entrainment (Being drawn into cooling water systems and affected by

heat, chemicals or physical stress):

EPA is proposing a site-specific determination to be made based on local

concerns and on a case-by-case basis, based on the unique circumstances

of each facility.

This proposed rule establishes requirements for the facility owner to

conduct comprehensive studies and develop other information as part of

the permit application, and then establishes a public process, with

opportunity for public input, by which the appropriate technology to

reduce entrainment mortality would be implemented at each facility after

considering site-specific factors.

Closed cycle cooling would be required at all new units of existing

facilities which exceed a certain size threshold.

The public now will be able to comment on ways to improve the proposal.

EPA will conduct a 90 day comment period, and will carefully consider

those comments before taking final action on the proposal. The

administrator must take final action by July 27, 2012.

More information: http://water.epa.gov/lawsregs/lawsguidance/cwa/316b/