17221
Federal
Register
/
Vol.
67,
No.
68
/
Tuesday,
April
9,
2002
/
Proposed
Rules
institutional,
heating,
and/
or
cooling
purposes
at
one
or
more
host
facilities.
Cooling
water
means
water
used
for
contact
or
noncontact
cooling,
including
water
used
for
equipment
cooling,
evaporative
cooling
tower
makeup,
and
dilution
of
effluent
heat
content.
The
intended
use
of
the
cooling
water
is
to
absorb
waste
heat
rejected
from
the
process
or
processes
used,
or
from
auxiliary
operations
on
the
facility's
premises.
Cooling
water
that
is
used
in
a
manufacturing
process
either
before
or
after
it
is
used
for
cooling
is
considered
process
water
for
the
purposes
of
calculating
the
percentage
of
a
facility's
intake
flow
that
is
used
for
cooling
purposes
in
§
125.91(
c).
Diel
means
sample
variation
in
organismal
abundance
and
density
over
a
24­
hour
period
due
to
the
influence
of
water
movement
and
changes
in
light
intensity.
Director
means
the
same
as
defined
in
40
CFR
122.2.
Existing
facility
means
any
facility
that
commenced
construction
before
January
17,
2002;
and
(
1)
Any
modification
of
such
a
facility;
(
2)
Any
addition
of
a
unit
at
such
a
facility
for
purposes
of
the
same
industrial
operation;
(
3)
Any
addition
of
a
unit
at
such
a
facility
for
purposes
of
a
different
industrial
operation,
if
the
additional
unit
uses
an
existing
cooling
water
intake
structure
and
the
design
capacity
of
the
intake
structure
is
not
increased;
or
(
4)
Any
facility
constructed
in
place
of
such
a
facility,
if
the
newly
constructed
facility
uses
an
existing
cooling
water
intake
structure
whose
design
intake
flow
is
not
increased
to
accommodate
the
intake
of
additional
cooling
water.
Once­
through
cooling
water
system
means
a
system
designed
to
withdraw
water
from
a
natural
or
other
water
source,
use
it
at
the
facility
to
support
contact
and/
or
noncontact
cooling
uses,
and
then
discharge
it
to
a
water
body
without
recirculation.
Once­
through
cooling
systems
sometimes
employ
canals/
channels,
ponds,
or
nonrecirculating
cooling
towers
to
dissipate
waste
heat
from
the
water
before
it
is
discharged.
Phase
II
existing
facility
means
any
existing
facility
that
meets
the
criteria
specified
in
§
125.91.

§
125.94
How
will
requirements
reflecting
best
technology
available
for
minimizing
adverse
environmental
impact
be
established
for
my
Phase
II
existing
facility?

(
a)
You
may
choose
one
of
the
following
three
alternatives
for
establishing
best
technology
available
for
minimizing
adverse
environmental
impact
at
your
site:
(
1)
You
may
demonstrate
to
the
Director
that
your
existing
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures
meet
the
performance
standards
specified
in
paragraph
(
b)
of
this
section;
(
2)
You
may
demonstrate
to
the
Director
that
you
have
selected
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures
that
will,
in
combination
with
any
existing
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures,
meet
the
performance
standards
specified
in
paragraph
(
b)
of
this
section;
or
(
3)
You
may
demonstrate
to
the
Director
that
a
site­
specific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
is
appropriate
for
your
site
in
accordance
with
paragraph
(
c)
of
this
section.
(
b)
Performance
Standards.
If
you
choose
the
alternative
in
paragraphs
(
a)(
1)
or
(
a)(
2)
of
this
section,
you
must
meet
the
following
performance
standards:
(
1)
You
must
reduce
your
intake
capacity
to
a
level
commensurate
with
the
use
of
a
closed­
cycle,
recirculating
cooling
system;
or
(
2)
You
must
reduce
impingement
mortality
of
all
life
stages
of
fish
and
shellfish
by
80
to
95
percent
from
the
calculation
baseline
if
your
facility
has
a
capacity
utilization
rate
less
than
15
percent,
or
your
facility's
design
intake
flow
is
5
percent
or
less
of
the
mean
annual
flow
from
a
freshwater
river
or
stream;
or
(
3)
You
must
reduce
impingement
mortality
of
all
life
stages
of
fish
and
shellfish
by
80
to
95
percent
from
the
calculation
baseline,
and
you
must
reduce
entrainment
of
all
life
stages
of
fish
and
shellfish
by
60
to
90
percent
from
the
calculation
baseline
if
your
facility
has
a
capacity
utilization
rate
of
15
percent
or
greater
and
withdraws
cooling
water
from
a
tidal
river
or
estuary,
from
an
ocean,
from
one
of
the
Great
Lakes,
or
your
facility's
design
intake
flow
is
greater
than
5
percent
of
the
mean
annual
flow
of
a
freshwater
river
or
stream;
or
(
4)
If
your
facility
withdraws
cooling
water
from
a
lake
(
other
than
one
of
the
Great
Lakes)
or
reservoir:
(
i)
You
must
reduce
impingement
mortality
of
all
life
stages
of
fish
and
shellfish
by
80
to
95
percent
from
the
calculation
baseline;
and
(
ii)
If
you
propose
to
increase
your
facility's
design
intake
flow,
your
increased
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
by
any
Federal,
State
or
Tribal
fish
or
wildlife
management
agency(
ies)
to
be
beneficial
to
the
management
of
fisheries.
(
c)(
1)
Site­
Specific
Determination
of
Best
Technology
Available.
If
you
choose
the
alternative
in
paragraph
(
a)(
3)
of
this
section,
you
must
demonstrate
to
the
Director
that
your
costs
of
compliance
with
the
applicable
performance
standards
in
paragraph
(
b)
of
this
section
would
be
significantly
greater
than
the
costs
considered
by
the
Administrator
when
establishing
such
performance
standards,
or
that
your
costs
would
be
significantly
greater
than
the
benefits
of
complying
with
such
performance
standards
at
your
site.
(
2)
If
data
specific
to
your
facility
indicate
that
your
costs
would
be
significantly
greater
than
those
considered
by
the
Administrator
in
establishing
the
applicable
performance
standards,
the
Director
shall
make
a
sitespecific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
that
is
based
on
less
costly
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures
to
the
extent
justified
by
the
significantly
greater
cost.
The
Director's
site­
specific
determination
may
conclude
that
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures
in
addition
to
those
already
in
place
are
not
justified
because
of
significantly
greater
costs.
(
3)
If
data
specific
to
your
facility
indicate
that
your
costs
would
be
significantly
greater
than
the
benefits
of
complying
with
such
performance
standards
at
your
facility,
the
Director
shall
make
a
site­
specific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
that
is
based
on
less
costly
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures
to
the
extent
justified
by
the
significantly
greater
costs.
The
Director's
site­
specific
determination
may
conclude
that
design
and
construction
technologies,
operational
measures,
and/
or
restoration
measures
in
addition
to
those
already
in
place
are
not
justified
because
the
costs
would
be
significantly
greater
than
the
benefits
at
your
facility.
(
d)
Restoration
Measures.
In
lieu
of,
or
in
combination
with,
reducing
impingement
mortality
and
entrainment
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PsN:
09APP2
17222
Federal
Register
/
Vol.
67,
No.
68
/
Tuesday,
April
9,
2002
/
Proposed
Rules
by
implementing
design
and
construction
technologies
or
operational
measures
to
comply
with
the
performance
standards
specified
in
paragraph
(
b)
of
this
section
or
the
Director's
determination
pursuant
to
paragraph
(
c)
of
this
section,
you
may,
with
the
Director's
approval,
employ
restoration
measures
that
will
result
in
increases
in
fish
and
shellfish
in
the
watershed.
You
must
demonstrate
to
the
Director
that
you
are
maintaining
the
fish
and
shellfish
within
the
waterbody,
including
community
structure
and
function,
to
a
level
comparable
to
those
that
would
result
if
you
were
to
employ
design
and
construction
technologies
or
operational
measures
to
meet
that
portion
of
the
requirements
of
paragraphs
(
b)
or
(
c)
of
this
section
that
you
are
meeting
through
restoration.
Your
demonstration
must
address
species
that
the
Director,
in
consultation
with
Federal,
State,
and
Tribal
fish
and
wildlife
management
agencies
with
responsibility
for
fisheries
and
wildlife
potentially
affected
by
your
cooling
water
intake
structure,
identifies
as
species
of
concern.
(
e)
More
Stringent
Standards.
The
Director
may
establish
more
stringent
requirements
as
best
technology
available
for
minimizing
adverse
environmental
impact
if
the
Director
determines
that
your
compliance
with
the
applicable
requirements
of
paragraphs
(
b)
and
(
c)
of
this
section
would
not
meet
the
requirements
of
other
applicable
Federal,
State,
or
Tribal
law.
(
f)
If
the
Nuclear
Regulatory
Commission
has
determined
that
your
compliance
with
this
subpart
would
result
in
a
conflict
with
a
safety
requirement
established
by
the
Commission,
the
Director
shall
make
a
site­
specific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
that
is
less
stringent
than
the
requirements
of
this
subpart
to
the
extent
necessary
for
you
to
comply
with
the
Commission's
safety
requirement.
(
g)
You
must
submit
the
application
information
required
in
§
125.95,
implement
the
monitoring
requirements
specified
in
§
125.96,
and
implement
the
record­
keeping
requirements
specified
at
§
125.97.

§
125.95
As
an
owner
or
operator
of
a
Phase
II
existing
facility,
what
must
I
collect
and
submit
when
I
apply
for
my
reissued
NPDES
permit?
(
a)
You
must
submit
to
the
Director
the
application
information
required
by
40
CFR
122.21(
r)(
2),
(
3)
and
(
5)
and
the
Comprehensive
Demonstration
required
by
paragraph
(
b)
of
this
section
at
least
180
days
before
your
existing
permit
expires,
in
accordance
with
§
122.21(
d)(
2).
(
b)
Comprehensive
Demonstration
Study.
All
facilities
except
those
deemed
to
have
met
the
performance
standards
in
accordance
with
§
125.94(
b)(
1),
must
submit
a
Comprehensive
Demonstration
Study
(
Study).
This
information
is
required
to
characterize
impingement
mortality
and
entrainment,
the
operation
of
your
cooling
water
intake
structures,
and
to
confirm
that
the
technology(
ies),
operational
measures,
and/
or
restoration
measures
you
have
selected
and/
or
implemented
at
your
cooling
water
intake
structure
meet
the
applicable
requirements
of
§
125.94.
The
Comprehensive
Demonstration
Study
must
include:
(
1)
Proposal
For
Information
Collection.
You
must
submit
to
the
Director
for
review
and
approval
a
description
of
the
information
you
will
use
to
support
your
Study.
The
proposal
must
include:
(
i)
A
description
of
the
proposed
and/
or
implemented
technology(
ies),
operational
measures,
and/
or
restoration
measures
to
be
evaluated
in
the
Study;
(
ii)
A
list
and
description
of
any
historical
studies
characterizing
impingement
and
entrainment
and/
or
the
physical
and
biological
conditions
in
the
vicinity
of
the
cooling
water
intake
structures
and
their
relevance
to
this
proposed
Study.
If
you
propose
to
use
existing
data,
you
must
demonstrate
the
extent
to
which
the
data
are
representative
of
current
conditions
and
that
the
data
were
collected
using
appropriate
quality
assurance/
quality
control
procedures;
(
iii)
A
summary
of
any
past,
ongoing,
or
voluntary
consultation
with
appropriate
Federal,
State,
and
Tribal
fish
and
wildlife
agencies
that
is
relevant
to
this
Study
and
a
copy
of
written
comments
received
as
a
result
of
such
consultation;
and
(
iv)
A
sampling
plan
for
any
new
field
studies
you
propose
to
conduct
in
order
to
ensure
that
you
have
sufficient
data
to
develop
a
scientifically
valid
estimate
of
impingement
and
entrainment
at
your
site.
The
sampling
plan
must
document
all
methods
and
quality
assurance/
quality
control
procedures
for
sampling
and
data
analysis.
The
sampling
and
data
analysis
methods
you
propose
must
be
appropriate
for
a
quantitative
survey
and
include
consideration
of
the
methods
used
in
other
studies
performed
in
the
source
waterbody.
The
sampling
plan
must
include
a
description
of
the
study
area
(
including
the
area
of
influence
of
the
cooling
water
intake
structure),
and
provide
a
taxonomic
identification
of
the
sampled
or
evaluated
biological
assemblages
(
including
all
life
stages
of
fish
and
shellfish).
(
2)
Source
Waterbody
Flow
Information.
You
must
submit
to
the
Director
the
following
source
waterbody
flow
information:
(
i)
If
your
cooling
water
intake
structure
is
located
in
a
freshwater
river
or
stream,
you
must
provide
the
annual
mean
flow
of
the
waterbody
and
any
supporting
documentation
and
engineering
calculations
to
support
your
analysis
of
which
requirements
specified
in
§
125.94(
b)(
2)
or
(
3)
would
apply
to
your
facility
based
on
its
water
intake
flow
in
proportion
to
the
mean
annual
flow
of
the
river
or
steam;
and
(
ii)
If
your
cooling
water
intake
structure
is
located
in
a
lake
(
other
than
one
of
the
Great
Lakes)
or
reservoir
and
you
propose
to
increase
your
facility's
design
intake
flow,
you
must
provide
a
narrative
description
of
the
thermal
stratification
in
the
water
body,
and
any
supporting
documentation
and
engineering
calculations
to
show
that
the
natural
thermal
stratification
and
turnover
pattern
will
not
be
disrupted
by
the
increased
flow
in
a
way
that
adversely
impacts
water
quality
or
fisheries.
(
3)
Impingement
Mortality
and
Entrainment
Characterization
Study.
You
must
submit
to
the
Director
an
Impingement
Mortality
and
Entrainment
Characterization
Study
whose
purpose
is
to
provide
information
to
support
the
development
of
a
calculation
baseline
for
evaluating
impingement
mortality
and
entrainment
and
to
characterize
current
impingement
mortality
and
entrainment.
The
Impingement
Mortality
and
Entrainment
Characterization
Study
must
include:
(
i)
Taxonomic
identifications
of
those
species
of
fish
and
shellfish
and
their
life
stages
that
are
in
the
vicinity
of
the
cooling
water
intake
structure
and
are
most
susceptible
to
impingement
and
entrainment;
(
ii)
A
characterization
of
those
species
of
fish
and
shellfish
and
life
stages
pursuant
to
paragraph
(
b)(
3)(
i)
of
this
section,
including
a
description
of
the
abundance
and
temporal/
spatial
characteristics
in
the
vicinity
of
the
cooling
water
intake
structure,
based
on
the
collection
of
a
sufficient
number
of
years
of
data
to
characterize
annual,
seasonal,
and
diel
variations
in
impingement
mortality
and
entrainment
(
e.
g.,
related
to
climate/
weather
differences,
spawning,
feeding
and
water
column
migration);
(
iii)
Documentation
of
the
current
impingement
mortality
and
entrainment
of
all
life
stages
of
fish
and
shellfish
at
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17223
Federal
Register
/
Vol.
67,
No.
68
/
Tuesday,
April
9,
2002
/
Proposed
Rules
your
facility
and
an
estimate
of
impingement
mortality
and
entrainment
under
the
calculation
baseline.
The
documentation
may
include
historical
data
that
are
representative
of
the
current
operation
of
your
facility
and
of
biological
conditions
at
the
site.
Impingement
mortality
and
entrainment
samples
to
support
the
calculations
required
in
paragraph
(
b)(
4)(
iii)
and
(
b)(
5)(
ii)
of
this
section
must
be
collected
during
periods
of
representative
operational
flows
for
the
cooling
water
intake
structure
and
the
flows
associated
with
the
samples
must
be
documented;
(
iv)
An
identification
of
species
that
are
protected
under
Federal,
State,
or
Tribal
law
(
including
threatened
or
endangered
species)
that
might
be
susceptible
to
impingement
and
entrainment
by
the
cooling
water
intake
structure(
s).
(
4)
Design
and
Construction
Technology
Plan.
If
you
choose
to
use
design
and
construction
technologies
or
operational
measures
in
whole
or
in
part
to
meet
the
requirements
of
§
125.94,
you
must
submit
a
Design
and
Construction
Technology
Plan
to
the
Director
for
review
and
approval.
In
the
plan
you
must
provide
the
capacity
utilization
rate
for
your
facility
and
provide
supporting
data
(
including
the
average
annual
net
generation
of
the
facility
(
in
Mwh)
measured
over
a
five
year
period
(
if
available)
of
representative
operating
conditions
and
the
total
net
capacity
of
the
facility
(
in
MW))
and
calculations.
The
plan
must
explain
the
technologies
and
operational
measures
you
have
in
place
or
have
selected
to
meet
the
requirements
in
§
125.94.
(
Examples
of
potentially
appropriate
technologies
may
include,
but
are
not
limited
to,
wedgewire
screens,
fine
mesh
screens,
fish
handling
and
return
systems,
barrier
nets,
aquatic
filter
barrier
systems,
and
enlargement
of
the
cooling
water
intake
structure
opening
to
reduce
velocity.
Examples
of
potentially
appropriate
operational
measures
may
include,
but
are
not
limited
to,
seasonal
shutdowns
or
reductions
in
flow,
and
continuous
operations
of
screens.)
The
plan
must
contain
the
following
information:
(
i)
A
narrative
description
of
the
design
and
operation
of
all
design
and
construction
technologies
or
operational
measures
(
existing
and
proposed),
including
fish
handling
and
return
systems,
that
you
have
in
place
or
will
use
to
meet
the
requirements
to
reduce
impingement
mortality
of
those
species
expected
to
be
most
susceptible
to
impingement,
and
information
that
demonstrates
the
efficacy
of
the
technology
for
those
species;
(
ii)
A
narrative
description
of
the
design
and
operation
of
all
design
and
construction
technologies
or
operational
measures
(
existing
and
proposed)
that
you
have
in
place
or
will
use
to
meet
the
requirements
to
reduce
entrainment
of
those
species
expected
to
be
the
most
susceptible
to
entrainment,
if
applicable,
and
information
that
demonstrates
the
efficacy
of
the
technology
for
those
species;
(
iii)
Calculations
of
the
reduction
in
impingement
mortality
and
entrainment
of
all
life
stages
of
fish
and
shellfish
that
would
be
achieved
by
the
technologies
and
operational
measures
you
have
selected
based
on
the
Impingement
Mortality
and
Entrainment
Characterization
Study
in
paragraph
(
b)(
3)
of
this
section.
In
determining
compliance
with
any
requirements
to
reduce
impingement
mortality
or
entrainment,
you
must
assess
the
total
reduction
in
impingement
mortality
and
entrainment
against
the
calculations
baseline
determined
in
paragraph
(
b)(
3)
of
this
section.
Reductions
in
impingement
mortality
and
entrainment
from
this
calculation
baseline
as
a
result
of
any
design
and
construction
technologies
and
operational
measures
already
implemented
at
your
facility
should
be
added
to
the
reductions
expected
to
be
achieved
by
any
additional
design
and
construction
technologies
and
operational
measures
that
will
be
implemented,
and
any
increases
in
fish
and
shellfish
within
the
waterbody
attributable
to
your
restoration
measures.
Facilities
that
recirculate
a
portion
of
their
flow
may
take
into
account
the
reduction
in
impingement
mortality
and
entrainment
associated
with
the
reduction
in
flow
when
determining
the
net
reduction
associated
with
existing
technology
and
operational
measures.
This
estimate
must
include
a
site­
specific
evaluation
of
the
suitability
of
the
technology(
ies)
based
on
the
species
that
are
found
at
the
site,
and/
or
operational
measures
and
may
be
determined
based
on
representative
studies
(
i.
e.,
studies
that
have
been
conducted
at
cooling
water
intake
structures
located
in
the
same
waterbody
type
with
similar
biological
characteristics)
and/
or
site­
specific
technology
prototype
studies;
(
iv)
Documentation
which
demonstrates
that
the
location,
design,
construction,
and
capacity
of
the
cooling
water
intake
structure
technologies
you
have
selected
reflect
best
technology
available
for
meeting
the
applicable
requirements
in
§
125.94;
(
v)
Design
calculations,
drawings,
and
estimates
to
support
the
descriptions
required
by
paragraphs
(
b)(
4)(
ii)
and
(
iii)
of
this
section.
(
5)
Information
to
Support
Proposed
Restoration
Measures.
If
you
propose
to
use
restoration
measures
to
meet
the
performance
standards
in
§
125.94,
you
must
submit
the
following
information
with
your
application
for
review
and
approval
by
the
Director:
(
i)
A
list
and
narrative
description
of
the
restoration
measures
you
have
selected
and
propose
to
implement;
(
ii)
A
quantification
of
the
combined
benefits
from
implementing
design
and
construction
technologies,
operational
measures
and/
or
restoration
measures
and
the
proportion
of
the
benefits
that
can
be
attributed
to
each.
This
quantification
must
include:
the
percent
reduction
in
impingement
mortality
and
entrainment
that
would
be
achieved
through
the
use
of
any
design
and
construction
technologies
or
operational
measures
that
you
have
selected
(
i.
e.,
the
benefits
you
would
achieve
through
impingement
and
entrainment
reduction);
a
demonstration
of
the
benefits
that
could
be
attributed
to
the
restoration
measures
you
have
selected;
and
a
demonstration
that
the
combined
benefits
of
the
design
and
construction
technology(
ies),
operational
measures,
and/
or
restoration
measures
will
maintain
fish
and
shellfish
at
a
level
comparable
to
that
which
would
be
achieved
under
§
125.94.
If
it
is
not
possible
to
demonstrate
quantitatively
that
restoration
measures
such
as
creation
of
new
habitats
to
serve
as
spawning
or
nursery
areas
or
establishment
of
riparian
buffers
will
achieve
comparable
performance,
you
may
make
a
qualitative
demonstration
that
such
measures
will
maintain
fish
and
shellfish
in
the
waterbody
at
a
level
substantially
similar
to
that
which
would
be
achieved
under
§
125.94;
(
iii)
A
plan
for
implementing
and
maintaining
the
efficacy
of
the
restoration
measures
you
have
selected
and
supporting
documentation
to
show
that
the
restoration
measures,
or
the
restoration
measures
in
combination
with
design
and
construction
technology(
ies)
and
operational
measures,
will
maintain
the
fish
and
shellfish
in
the
waterbody,
including
the
community
structure
and
function,
to
a
level
comparable
or
substantially
similar
to
that
which
would
be
achieved
through
§
125.94(
b)
or
(
c);
(
iv)
A
summary
of
any
past,
ongoing,
or
voluntary
consultation
with
appropriate
Federal,
State,
and
Tribal
fish
and
wildlife
agencies
regarding
the
proposed
restoration
measures
that
is
relevant
to
this
Study
and
a
copy
of
any
written
comments
received
as
a
result
of
such
consultation;
and
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/
Vol.
67,
No.
68
/
Tuesday,
April
9,
2002
/
Proposed
Rules
(
v)
Design
and
engineering
calculations,
drawings,
and
maps
documenting
that
your
proposed
restoration
measures
will
meet
the
restoration
performance
standard
at
§
125.94(
d).
(
6)
Information
to
Support
Sitespecific
Determination
of
Best
Technology
Available
for
Minimizing
Adverse
Environmental
Impact.
If
you
have
chosen
to
request
a
site­
specific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
pursuant
to
§
125.94(
c)
because
of
costs
significantly
greater
than
those
EPA
considered
in
establishing
the
requirements
at
issue,
or
because
costs
are
significantly
greater
than
the
benefits
of
complying
with
the
otherwise
applicable
requirements
of
§
125.94(
b)
and
(
e)
at
your
site,
you
must
provide
the
following
additional
information
with
your
application
for
review
by
the
Director:
(
i)
Comprehensive
Cost
Evaluation
Study.
You
must
perform
and
submit
the
results
of
a
Comprehensive
Cost
Evaluation
Study.
This
information
is
required
to
document
the
costs
of
implementing
your
Design
and
Construction
Plan
under
§
125.95(
b)(
4)
above
and
the
costs
of
the
alternative
technologies
and
operational
measures
you
propose
to
implement
at
your
site.
You
must
submit
detailed
engineering
cost
estimates
to
document
the
costs
of
implementing
the
technologies
or
operational
measures
in
your
Design
and
Construction
Plan.
(
ii)
Valuation
of
the
Monetized
Benefits
of
Reducing
Impingement
and
Entrainment.
If
you
are
seeking
a
sitespecific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
because
of
costs
significantly
greater
than
the
benefits
of
complying
with
the
otherwise
applicable
requirements
of
§
125.94(
b)
and
(
e)
at
your
site,
you
must
use
a
comprehensive
methodology
to
fully
value
the
impacts
of
impingement
mortality
and
entrainment
at
your
site
and
the
benefits
achievable
by
compliance
with
the
applicable
requirements
of
§
125.94.
The
benefit
study
must
include
a
description
of
the
methodology
used,
the
basis
for
any
assumptions
and
quantitative
estimates,
and
an
analysis
of
the
effects
of
significant
sources
of
uncertainty
on
the
results
of
the
study.
(
iii)
Site­
Specific
Technology
Plan.
Based
on
the
results
of
the
Comprehensive
Cost
Evaluation
Study
and
the
valuation
of
the
monetized
benefits
of
reducing
impingement
and
entrainment
required
by
paragraphs
(
b)(
7))(
i)
and
(
ii)
of
this
section,
you
must
submit
a
Site­
Specific
Technology
Plan
to
the
Director
for
review
and
approval.
The
plan
must
contain
the
following
information:
(
A)
A
narrative
description
of
the
design
and
operation
of
all
design
and
construction
technologies
and
operational
measures,
and
restoration
measures
(
existing
and
proposed)
that
you
have
selected
in
accordance
with
§
125.94(
d),
and
information
that
demonstrates
the
efficacy
of
the
technology
for
those
species;
(
B)
An
engineering
estimate
of
the
efficacy
of
the
proposed
and/
or
implemented
technologies
or
operational
measures
for
reducing
impingement
mortality
and
entrainment
of
all
life
stages
of
fish
and
shellfish.
This
estimate
must
include
a
sitespecific
evaluation
of
the
suitability
of
the
technologies
or
operational
measures
for
reducing
impingement
mortality
and
entrainment
based
on
representative
studies
(
e.
g.,
studies
that
have
been
conducted
at
cooling
water
intake
structures
located
in
the
same
waterbody
type
with
similar
biological
characteristics)
and/
or
site­
specific
technology
prototype
studies;
(
C)
Documentation
which
demonstrates
that
the
technologies,
operational
measures,
or
restoration
measures
selected
would
reduce
impingement
mortality
and
entrainment
to
the
extent
necessary
to
satisfy
the
requirements
of
§
125.94;
and
(
D)
Design
calculations,
drawings,
and
estimates
to
support
the
descriptions
required
by
paragraphs
(
b)(
6)(
iii)(
A)
and
(
B)
of
this
section.
(
7)
Verification
Monitoring
Plan.
You
must
include
in
the
Study
a
plan
to
conduct,
at
a
minimum,
two
years
of
monitoring
to
verify
the
full­
scale
performance
of
the
proposed
or
implemented
technologies,
operational
measures,
or
restoration
measures.
The
verification
study
must
begin
once
the
technologies,
operational
measures,
and
restoration
measures
are
implemented
and
continue
for
a
period
of
time
that
is
sufficient
to
demonstrate
that
the
facility
is
reducing
the
level
of
impingement
and
entrainment
to
the
levels
documented
pursuant
to
paragraphs
(
b)(
4)(
iii),
(
b)(
5)(
ii),
and/
or
(
b)(
6)(
iii)(
B)
of
this
section.
The
plan
must
describe
the
frequency
of
monitoring
and
the
parameters
to
be
monitored
and
the
basis
for
determining
the
parameters
and
the
frequency
and
duration
for
monitoring.
The
plan
must
also
describe
the
information
to
be
included
in
a
yearly
status
report
to
the
Director.
The
Director
will
use
the
verification
monitoring
to
confirm
that
you
are
meeting
the
applicable
requirements
of
§
125.94.
§
125.96
As
an
owner
or
operator
of
a
Phase
II
existing
facility,
what
monitoring
must
I
perform?
As
an
owner
or
operator
of
a
Phase
II
existing
facility,
you
must
perform
monitoring
as
specified
by
the
Director
to
demonstrate
compliance
with
the
applicable
requirements
of
§
125.94.

§
125.97
As
an
owner
or
operator
of
a
Phase
II
existing
facility,
what
records
must
I
keep
and
what
information
must
I
report?
As
an
owner
or
operator
of
a
Phase
II
existing
facility
you
are
required
to
keep
records
and
report
information
and
data
to
the
Director
as
follows:
(
a)
You
must
keep
records
of
all
the
data
used
to
complete
the
permit
application
and
show
compliance
with
the
requirements
of
§
125.94,
any
supplemental
information
developed
under
§
125.95,
and
any
compliance
monitoring
data
conducted
under
§
125.96,
for
a
period
of
at
least
three
(
3)
years.
The
Director
may
require
that
these
records
be
kept
for
a
longer
period.
(
b)
You
must
provide
annually
to
the
Director
a
status
report
that
includes
appropriate
monitoring
data
as
specified
by
the
Director.

§
125.98
As
the
Director,
what
must
I
do
to
comply
with
the
requirements
of
this
subpart?
(
a)
Permit
Application.
As
the
Director,
you
must
review
materials
submitted
by
the
applicant
under
40
CFR
122.21(
r)
and
§
125.95
before
each
permit
renewal
or
reissuance.
(
1)
After
receiving
the
permit
application
from
the
owner
or
operator
of
a
Phase
II
existing
facility,
the
Director
must
determine
which
of
the
standards
specified
in
§
125.94
to
apply
to
the
facility.
In
addition,
the
Director
must
review
materials
to
determine
compliance
with
the
applicable
standards.
(
2)
At
each
permit
renewal,
the
Director
must
review
the
application
materials
and
monitoring
data
to
determine
whether
requirements,
or
additional
requirements,
for
design
and
construction
technologies
or
operational
measures
should
be
included
in
the
permit.
(
b)
Permitting
Requirements.
Section
316(
b)
requirements
are
implemented
for
a
facility
through
an
NPDES
permit.
As
the
Director,
you
must
consider
the
information
submitted
by
the
Phase
II
existing
facility
in
its
permit
application,
and
determine
the
appropriate
requirements
and
conditions
to
include
in
the
permit
based
on
the
alternative
for
establishing
best
technology
available
chosen
by
the
facility.
The
following
requirements
must
be
included
in
each
permit:

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Federal
Register
/
Vol.
67,
No.
68
/
Tuesday,
April
9,
2002
/
Proposed
Rules
(
1)
Cooling
Water
Intake
Structure
Requirements.
The
permit
conditions
must
include
the
performance
standards
that
implement
the
requirements
of
§
125.94(
b)(
2),
(
3),
and
(
4);
§
125.94(
c)(
1)
and
(
2);
§
125.94(
d);
§
125.94(
e);
and
§
125.94(
f).
In
determining
compliance
with
the
flow
requirement
in
§
125.94(
b)(
4)(
ii),
the
Director
must
consider
anthropogenic
factors
(
those
not
considered
``
natural'')
unrelated
to
the
Phase
II
existing
facility's
cooling
water
intake
structure
that
can
influence
the
occurrence
and
location
of
a
thermocline.
These
include
source
water
inflows,
other
water
withdrawals,
managed
water
uses,
wastewater
discharges,
and
flow/
level
management
practices
(
e.
g.,
some
reservoirs
release
water
from
deeper
bottom
layers).
The
Director
must
coordinate
with
appropriate
Federal,
State,
or
Tribal
fish
or
wildlife
agencies
to
determine
if
any
disruption
is
beneficial
to
the
management
of
fisheries.
(
i)
You
must
review
the
Design
and
Construction
Technology
Plan
required
in
§
125.96(
b)(
4)
to
evaluate
the
suitability
and
feasibility
of
the
technology
or
operational
measures
proposed
to
meet
the
requirements
of
§
125.94.
In
each
reissued
permit,
you
must
include
a
condition
requiring
the
facility
to
reduce
impingement
mortality
and
entrainment
commensurate
with
the
implementation
of
the
technologies
in
the
permit.
In
considering
a
permit
application,
the
Director
must
review
the
performance
of
the
technologies
implemented
and
require
additional
or
different
design
and
construction
technologies,
if
needed,
to
meet
the
impingement
mortality
and
entrainment
reduction
requirements
for
all
life
stages
of
fish
and
shellfish.
In
addition,
you
may
consider
any
chemical,
water
quality,
and
other
anthropogenic
stresses
on
the
source
waterbody
in
order
to
determine
whether
more
stringent
conditions
are
needed
to
comply
with
the
requirements
of
other
applicable
Federal,
State,
or
Tribal
law
in
accordance
with
§
125.94(
e).
(
ii)
If
you
determine
that
restoration
measures
are
appropriate
at
the
Phase
II
existing
facility,
you
must
review
the
Information
to
Support
Proposed
Restoration
Measures
required
under
§
125.95(
b)(
5)
and
determine
whether
the
proposed
measures,
alone
or
in
combination
with
design
and
construction
technologies
and
operational
measures,
will
maintain
the
fish
and
shellfish
in
the
waterbody
at
a
comparable
level
to
that
which
would
be
achieved
under
§
125.94.
If
the
application
includes
a
qualitative
demonstration
for
restoration
measures
that
will
result
in
increases
in
fish
and
shellfish
that
are
difficult
to
quantify,
you
must
determine
whether
the
proposed
measures
will
maintain
fish
and
shellfish
in
the
waterbody
at
a
level
substantially
similar
to
that
which
would
be
achieved
under
§
125.94.
You
must
also
review
and
approve
the
proposed
Verification
Monitoring
Plan
submitted
under
§
125.95(
b)(
7)
and
require
that
the
monitoring
continue
for
a
sufficient
period
of
time
to
demonstrate
that
the
restoration
measures
meet
the
requirements
of
§
125.94(
d).
(
iii)
For
a
facility
that
requests
requirements
based
on
site­
specific
best
technology
available
for
minimizing
adverse
environmental
impact,
you
must
review
the
application
materials
and
any
other
information
you
may
have
that
would
be
relevant
to
a
determination
of
whether
alternative
requirements
are
appropriate
for
the
facility.
If
you
determine
that
alternative
requirements
are
appropriate,
you
must
make
a
site­
specific
determination
of
best
technology
available
for
minimizing
adverse
environmental
impact
in
accordance
with
§
125.95(
c).
(
2)
Monitoring
Conditions.
The
permit
must
require
the
permittee
to
perform
the
monitoring
required
in
§
125.96.
In
determining
applicable
monitoring
requirements,
the
Director
must
consider
the
facility's
verification
monitoring
plan,
as
appropriate.
You
may
modify
the
monitoring
program
when
the
permit
is
reissued
and
during
the
term
of
the
permit
based
on
changes
in
physical
or
biological
conditions
in
the
vicinity
of
the
cooling
water
intake
structure.
(
3)
Record
Keeping
and
Reporting.
At
a
minimum,
the
permit
must
require
the
permittee
to
report
and
keep
records
as
required
by
§
125.97.

[
FR
Doc.
02
 
5597
Filed
4
 
8
 
02;
8:
45
am]

BILLING
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