Section 096-526-6 - Terms and Conditions for New Facilities [See 40 CFR Section 125.84]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).06-096 C.M.R. ch. 526, § 6