3/8/16 Page 1Implementing CWA 316b Cooling Water Intake Structures
Implementing CWA 316b -Cooling Water Intake Structures
Lial TischlerPartnerTischler/Kocurek
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Introduction Final rule published in Federal Register August 15, 2014 (79 Fed. Reg
48300)
Third phase of implementation of the statutory requirement for installation of Best Technology Available (BTA) for cooling water intake structures (CWIS) at Section 316(b) of the Clean Water Act (CWA).
Regulations for BTA were adopted by the U.S. Environmental Protection Agency (EPA) pursuant to settlement of a lawsuit filed by the environmental groups (Riverkeeper Inc., et al.) in 1993
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IntroductionImplementation Schedule for Existing Facilities
NPDES Permit applications submitted after 10/14/2014 Determination of rule applicability to the facility Selection of BTA method for impingement mortality Provide data for entrainment BTA determination:
If actual intake flow (AIF) 125 million gallons/day (mgd), data is to support site-specific determination;
If AIF > 125 mgd, provide entrainment studies required by 40 CFR 122.21(r)(9-13) Request alternate schedule for submittal of information in 40 CFR 122.21(r)
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IntroductionImplementation Schedule for New Units at Existing Facilities
Submit NPDES application 180 days before planned start-up NPDES application must include:
Design intake flow for new unit must be consistent with closed-cycle recirculating cooling (CCRC), OR
Alternative system must reduce adverse environmental impacts (AEI) that is consistent with CCRC, including demonstrating reduction in entrainment equal to or greater than 90% of that achieved by CCRC
New CWIS facility standards must be met at start-up
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IntroductionOut-of-scope CWIS at Existing Facilities
If design intake flow (DIF) < 2 mgd and/or if cooling water use is
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ApplicabilityApplicability at 40 CFR 125.91 and special definitions at 40 CFR 125.92:
Plant must be a point source subject to NPDES permitting requirements Water source is a Water of the United States (WOUS)
CWIS draws water directly from a WOUS, or Water is purchased from an independent supplier that takes water directly from
a WOUS
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Applicability Design intake flow (DIF) > 2 mgd and 25% or more is used for cooling
this flow is cumulative for the entire CWIS
Rule applicability is not limited to power stations and manufacturers [40 CFR 125.91(a) has no limitations on the definition of cooling water use]
The definition of WOUS excludes groundwater sources from this rule.
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ApplicabilityExclusions
Obtaining cooling water from a public water system, using reclaimed water from wastewater treatment facilities or desalination plants, or recycling treated process wastewater effluent as cooling water does not constitute use of a cooling water intake structure for purposes of this subpart.
The rule does not apply to offshore seafood processing facilities, offshore liquefied natural gas terminals, and offshore oil and gas extraction facilities that are existing facilities as defined in 125.92(k). The owners and operators of such facilities must meet requirements established by the Director on a case-by-case, best professional judgment (BPJ) basis.
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ApplicabilityIndependent Supplier
An entity, other than the regulated facility, that owns and operates its own cooling water intake structure and directly withdraws water from WOUS. The supplier provides the cooling water to other facilities for their use, but may itself also use a portion of the water.
An entity that provides potable water to residential populations (e.g., public water system) is not a supplier for purposes of this rule.
There remain unanswered questions about suppliers that are public agencies, e.g., San Jacinto River Authority, Coastal Water Authority, etc.
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ApplicabilityIndependent suppliers continued:
Rule definition is silent on public agencies that supply water for multiple uses (e.g., irrigation, raw water for public water supplies, industrial water supply).
Strict reading of the independent supplier definition would indicate that public entities that supply raw water to industry, municipalities and agriculture are not excluded from the CWIS rule.
EPAs response to comments on this issue are ambiguous. Current status is likely to be case-by-case applicability determinations
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ApplicabilityNew units at existing facilities
Existing facility means any facility that commenced construction as described in 40 CFR 122.29(b)(4) on or before 1/17/2002 (or 7/17/2006 for an offshore oil and gas extraction facility) and any modification of, or any addition of a unit at such a facility. A facility built adjacent to another facility would be a new facility while the original
facility would remain as an existing facility for purposes of this subpart.
A facility cannot both be an existing facility and a new facility as defined at 125.83.
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ApplicabilityNew units at existing facilities:
New unit means a new stand-alone unit at an existing facility where construction of the new unit begins after 10/14/2014 and that does not otherwise meet the definition of a new facility at 125.83 or is not otherwise already subject to subpart I of the rule. A stand-alone unit is a separate unit that is added to a facility for either the same
general industrial operation or another purpose.
A new unit may have its own dedicated cooling water intake structure, or the new unit may use an existing or modified cooling water intake structure
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ApplicabilityEvaluating applicability (assuming facility has or is required to have an NPDES permit, including a General Permit)
Characterize the source of water supply. Determine if intake structure withdraws from a WOUS If purchased, determine if purveyor is an independent supplier or public water
supply.
Determine intake flow, if any, that is reclaimed/reused water Identify recycle/reuse of water streams within the facility (e.g., C/T blowdown
used for desalter water)
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ApplicabilityEvaluating applicability (continued)
Identify and quantify ground water use, if any (e.g., groundwater used for cooling does not count as intake flow)
Determine DIF based on pump capacity and AIF based on intake flow records. Perform water balance to determine the percent of intake water from WOUS or
independent supplier that is used for cooling. Note: contact cooling (e.g. quench water) is not cooling water under this rule.
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BTA OverviewCWIS facility characteristics determine BTA requirements
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BTA Standards Overview Requirements will be implemented in NPDES permits issued by
delegated states or U.S. EPA Compliance schedules may be authorized for application submittal
information/studies and for achieving compliance with the BTA Agencies can establish interim BTA requirements that apply during
the compliance schedule The rule requirements acknowledge that for some facilities, full
compliance may require more than one 5-year NPDES permit cycle.
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Impingement MortalityImpingement is the entrapment of any life stages of fish and shellfish on the outer part of an intake structure or against a screening device during periods of intake water withdrawal.
Impingement includes those organisms collected or retained on a sieve with maximum distance in the opening of 0.56 inches, and excludes those organisms that pass through the sieve.
This definition is intended to prevent the conversion of entrainableorganisms to counts of impingement or impingement mortality. The owner or operator of a facility must use a sieve with the same mesh size when counting entrainment as is used when counting impingement.
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Impingement BTABTA standards for impingement mortality are at 40 CFR 125.94(c)There are seven alternatives for compliance with this BTA standard:
Closed-cycle recirculating system (CCRS) Screen design/operating limits (5 options) Systems of technologies Performance standard De minimis impingement rate demonstration
Additional measures may be required for shellfish and other species (fragile species as defined in the rule or by the regulatory agency)
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Impingement BTA StandardsClosed-cycle recirculating systems 125.94(c)(
