Section 096-526-18 - Application Requirements for New and Existing FacilitiesAny 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. [See40 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; andC.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.(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;(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.06-096 C.M.R. ch. 526, § 18