MEMO
To:
Paul
Shriner,
EPA
From:
Kelly
Meadows,
Tetra
Tech
Date:
June
30,
2005
RE:
316(
b)
Requirements
in
NPDES
Permits
for
Manufacturing
Facilities
Introduction
As
requested
by
EPA,
Tetra
Tech
contacted
several
state
permitting
authorities
to
inquire
about
the
historical
application
of
316(
b)
requirements
in
NPDES
permits
for
manufacturing
facilities.
This
information
will
be
helpful
in
developing
the
final
regulations
for
Phase
III
facilities,
which
are
to
be
promulgated
on
June
1,
2006.

Tetra
Tech
contacted
permitting
authorities
in
eight
states:
Louisiana,
Michigan,
New
Jersey,
New
York,
Pennsylvania,
Texas,
Washington,
and
Wisconsin.
These
states
were
selected
as
a
result
of
examining
industry
survey
data
that
suggested
that
these
states
would
have
a
larger
number
of
manufacturing
facilities
subject
to
regulation
under
316(
b).

Findings
In
general,
states
have
not
incorporated
316(
b)
requirements
into
the
permits
for
manufacturing
facilities.
Of
the
states
contacted,
only
one
reported
a
manufacturing
facility
permit
(
Dupont
Chamberworks
in
New
Jersey)
that
includes
316(
b)
requirements.
Most
permitting
authorities
stated
that
efforts
at
regulating
cooling
water
intakes
have
focused
on
the
larger
power
plants
(
i.
e.,
Phase
II
facilities)
and
not
smaller
facilities
or
manufacturers.
Texas
has
not
historically
included
316(
b)
requirements
in
any
NPDES
permits,
but
is
proceeding
to
do
so
with
the
promulgation
of
the
Phase
II
regulations.
Michigan
and
Pennsylvania
each
performed
an
initial
screening
analysis
in
the
1970s
and
determined
that
manufacturers
fell
below
a
threshold
of
concern
and
have
not
addressed
316(
b)
issues
at
those
facilities
since
that
time.
Additionally,
Michigan
required
biological
studies
to
assess
the
impacts
at
intake
structures,
but
has
not
included
any
permit
requirements
since
that
time.
New
York
has
occasionally
worked
with
individual
facilities
to
reduce
impingement
and
entrainment,
but
has
not
included
any
requirements
in
the
facility's
permit.
