Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 1

memorandum

Environment and Resources

55 Wheeler Street, Cambridge, MA  Tel: 617 492-7100  www.abtassociates.com

Date May 5, 2010

To Tom Born, Josh Hall and Erik Helm

From David Mitchell, Dominick Tribone, and Elena Besedin

Subject Summary of WA 2-9, Task 4: Review of national NPDES permit provisions for

addressing Section 316(a/b) requirements.

At the request of EPA, Abt Associates conducted a review of nationwide National Pollution Discharge

Elimination System (NPDES) permit effluent limitations and/or operating conditions pertaining to Clean

Water Act (CWA) Sections 316(a) and 316(b) requirements for 103 in-scope power generating plants and

manufacturers, representing eight EPA regions. The review was conducted to provide EPA with

information pertaining, but not limited to, the following interests:

 Number and percentages of permits containing specific Section 316(a) and 316(b) requirements;

 Type and range of States’ temperature water quality standards and application to permits;

 Type and range of temperature limits, deviation from ambient, and thermal loads in permits and

consistency among these parameters within an EPA region;

 Scope and documentation of studies conducted for EPA-approved 316(a) thermal discharge

variance and when these were last performed;

 Scope and documentation of Section 316(b ) studies provided in these studies;

 Type of best management practices (BMPs) or in-place technologies stipulated in permits to

address Section 316(b) concerns;

 Number of facilities with cooling towers in place, and where installation of cooling towers was

identified as best technology available (BTA) either in the consideration and determination

processes; and

 Aquatic resources (waterbodies, communities, and species of concern) identified by States for

potential 316(a) and 316(b) impacts.

1 Sources of NPDES Permits and Supporting Information

Abt Associates obtained NPDES permits and supporting information from Tetra Tech for 104 in-scope

power generation plants and manufacturers. One facility (Chalk Bluff Water Treatment Plant, NV) no

longer generates electric power and was dropped from the analysis. The remaining 103 permits were

included in our review. These permits were from 37 States, the District of Columbia, and Guam,

representing eight EPA regions (i.e. regions 2-7, 9, and 10), accounting for 12% of the 891 facilities

considered for the Phase II and Phase III rulemakings. Permits from these facilities were available as part

of EPA’s regional Permit Quality Review (PQR) process. For 76 (74%) facilities, Abt Associates

obtained:

 Current NPDES permit;

 Current NPDES factsheet;
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 2

 PQR checklist;

 PQR summary document; and

 Additional information (if available for facility).

At a minimum, the final permit was available for all but one facility (Muskogee Generating Station in

Oklahoma City, Oklahoma), in which case the fact sheet was the sole source of information. The PQR

checklist contained general facility information along with indication of whether the facility had a thermal

(heated) discharge subject to the provisions of Section 316(a) and/or a cooling water intake structure

(CWIS) subject to the provisions of Section 316(b). For a positive response in either category, further

information was obtained regarding the details (as available) of how these requirements were addressed.

The accompanying PQR summary document contained a succinct description of the key details contained

in the checklists. Additional information was available for some of the facilities and typically contained

correspondence or public comments, particularly in the case of those with a contested draft permit. The

permit information was also supplemented with data regarding the facilities’ NAICS classification

obtained from EPA’s OTIS database (http://www.epa-otis.gov/otis/).

The permit evaluation consisted of review of the current permits and supporting information to provide

data in four different areas:

1. Faculty and Permit Information:

 State;

 EPA region;

 Facility type - generating station (G) or manufacturing facility (M);

 Sector – the general industrial sector, as indicated by the NAICS number;

 North American Industry Classification System (NAICS) code number;

 Permit type -either individual facility or general; and

 Permit expiration date – as provided in the permit

2. Section 316(a) Permit Provisions:

 316(a) provisions addressed by – identifies nature of effluent discharge temperature limits

(if any), whether State water quality standards or mixing zones were used to set limits, or if

316(a) variance study was conducted;

 316(a) variance study – provides details on 316(a) study (none, on-going, required) and, if

an approved 316(a) variance study was conducted, whether it is recent (i.e., within last 5

years);

 Permit temperature limits – the type and threshold values of facility-specific permitted

discharge temperature limits, allowed deviation above ambient, thermal loads, etc.; and

 Monitoring point – where discharge monitoring is conducted or where compliance with

environmental threshold is to be met (e.g., facility internal monitoring point, end-of-pipe

discharge, edge of mixing zone, downstream fixed location).

 Additional 316(a) notes – additional information on discharge limits or permit conditions.

3. Section 316(b) Permit Provisions:
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 3

 316(b) provisions addressed by – identifies if 316(b) conditions included in permit, if

impingement/entrainment (I&E) monitoring required, status of Comprehensive

Demonstration Study (CDS) and other required Phase IIII elements, and if an approved

31b(a) demonstration study was conducted, whether it is current (i.e., within last 5 years);

 316(b) requirements – provides details on any stipulated in-place technology or operational

conditions installed as part of 316(b) compliance

 Cooling tower as BTA – if cooling towers are installed and whether BTA (best technology

available) was used in consideration or determination processes; and

 Additional 316(b) notes – additional information on I&E monitoring or permit conditions.

4. Protected Aquatic Resources:

 Receiving water – natural waterbody which the facility discharge is directed to;

 Local aquatic communities of concern – aquatic biotic communities to be protected, as

cited in the NPDES permit or fact sheet; and

 Identified species of concern – species noted for special protection, as identified in the

NPDES permit of fact sheet.

Facility characteristics and data regarding the 316(a/b) issues and the protected aquatic resources from the

103 reviewed permits are compiled in Appendix A: Table A–1. Excerpts from relevant PQR summary

documents on facility-specific 316(a) and 316(b) requirements are contained in Appendix B. The

following sections provide additional information regarding each of the four areas of interest identified

above.

2 Facility and Permit Information

Appendix Table A–1 provides a list of the 103 facilities organized by EPA region and state and provides

information on the general facility characteristics. Of the permits reviewed, the large majority (84 or 79%

of all reviewed facilities) are electrical power generating stations. The remaining 22 manufacturing

facilities represent a variety of different industries including paper, chemical, petroleum, aluminum and

others. The permits represent a nearly equal mix of expired and unexpired permits. Expiration dates

ranged from 1997 to 2014, with nine permit expirations date ranging back to 2005 or earlier.

3 Section 316(a) Permit Provisions

One objective of the NPDES permit review was to evaluate 316(a) provisions addressed in permit

limitations for thermal discharges as compared with applicable State water quality standards or Section

316(a) regulations. As part of this evaluation, Abt Associates compiled temperature water quality

standards from the 50 States. These standards were used to compare permit effluent limitation values and

their adherence to States’ water quality standards.

3.1 States’ Temperature Water Quality Standards

Individual states’ temperature standards were obtained from the Office of Water “State, Tribal and

Territorial Standards” website located at: http://www.epa.gov/waterscience/standards/wqslibrary. The

library website provides a compendium of States’ water quality standards. The website is regularly

updated to reflect EPA approved revisions and additions but may not contain the most current official

version. The date of the most current version of a State’s water quality criteria is listed in Appendix Table

A-2. The results of this search reflect website contents as of March 2010.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 4

The general types and form of temperature criteria and resources to be protected are described in the

Quality Criteria for Waters (EPA, 1986; also known as the “Gold Book”). These included criteria for (a)

maximum temperature; (b) weekly average temperature; (3) reproductive seasons (i.e., site-specific

requirements for successful migration, spawning, egg incubation, fry rearing, and other reproductive

functions for important species); (4) site-specific limits to preserve indigenous species diversity or

prevent nuisance species; and (5) allowance for maximum deviation from ambient conditions, provided

summer thermal maxima are not exceeded (established on a site-specific basis). The nature and scope of

the current States’ temperature standards tends to follow these general types, but with variations between

States.

Information on States’ temperature water quality standards are compiled in Appendix Table A–2 and the

following information included:

 Class – the surface water class as provided in state regulations or, in some cases, a more general

use classification based on freshwater, marine or estuarine status;

 Designated Uses – the protected water quality uses; in situations where temperature limits were

the same for multiple waters not easily classified we used the term “General Use”;

 Temperature Limits – identified temperature limits were separated into these sub-classes:

 Maximum temperature – the identified maximum temperature (oF) for a waterbody not to

exceed due to permitted discharge;

 Maximum deviation from ambient – the maximum change in temperature (oF) change from

natural (ambient conditions);

 Average weekly temperature – the maximum average weekly temperature (oF) that was

specified for a particular season or month; and

 Months or seasonal limits – indicates seasons or months, as applicable.

 Where Applicable – identifies the specific waters or protected aquatic resource that the

temperature limits are intended to protect; and

 Notes –information to better describe temperature criteria or define limits of applicability.

The information in Appendix Table A–2 was refined to summarize States’ approaches to temperature

standards (Table 1) and the protected aquatic resources that are the underlying basis of the temperature

standards (Table 2). For these tables, the States were grouped according to EPA region to allow for

comparison among geographic and/or regulatory areas.

As shown in Table 1, 19 states have temperature standards for both freshwater and saltwater (i.e., coastal,

estuarine) waters. Virtually all of the states (47 states) have temperature water quality standards for daily

maximum temperatures not to be exceeded or the maximum amount of temperature deviation from

ambient conditions (48 states) or both types (45 states). Temperature standards based on average

temperatures are less common (7 states).

Many States’ regulations incorporate seasonal (e.g., summer, winter) or full-year monthly temperature

standards. Twenty four states have either seasonal (19 states) or monthly (9 states) temperature limits.

Seasonal or monthly limits are more prevalent in the Northeast (EPA Regions 1 and 2), Middle Atlantic

(EPA Region 3), Southeast (Region 4), or Great Lakes (Region 5).

The types of aquatic biotic resources specified for protection are summarized in Table 2. Thirty-four

states have temperature standards to protect waterbodies with coldwater fisheries (i.e., trout and salmonid

species) by more stringent (i.e. lower) temperature standards; while seven states identified coldwater

spawning areas as necessary of additional protection.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 5

Table 1: Presence of WQ Standards by State

State FW SW

Maximum

Temperature

Maximum

Above

Ambient

Average

Temperature

Seasonal

Limit

Monthly

Limit

EPA Region 1

Connecticut x x x x x

Maine x x x x x

Massachusetts x x x x x x

New Hampshire x x

Rhode Island x x x x x

Vermont x x x

EPA Region 2

New Jersey x x x x x

New York x x x x x

EPA Region 3

Delaware x x x x x x

Maryland x x x x

Pennsylvania x x x x

Virginia x x x

West Virginia x x x x x x

EPA Region 4

Alabama x x x x

Florida x x x

Georgia x x x x

Kentucky x x x x x

Mississippi x x x x x

North Carolina x x x x x

South Carolina x x x x x

Tennessee x x x

EPA Region 5

Illinois x x x x x

Indiana x x x x

Michigan x x x x

Minnesota x x x

Ohio x x x x x

Wisconsin x x x

EPA Region 6

Arkansas x x x

Louisiana x x x x x

New Mexico x x x

Oklahoma x x x

Texas x x x x

EPA Region 7

Iowa x x x x

Kansas x x x

Missouri x x x x

Nebraska x x x

EPA Region 8

Colorado x x x

Montana x x x

North Dakota x x x

South Dakota x x x
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 6

Utah x x x

Wyoming x x x

EPA Region 9

Arizona x x

California x x x x x x

Hawaii x x x

Nevada x x x

EPA Region 10

Alaska x x

Idaho x x x x x

Oregon x x x x

Washington x x x x
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 7

Table 2: Presence of WQ Standards by Waterbody

WW CW Shellfish

Spawning

Habitat Streams Rivers

Lakes/

Reservoirs Marine

Sitespecific

Other

(see

Notes)

EPA Region 1

Connecticut x x

Maine x x 1

Massachusetts x x x x x

New

Hampshire

2

Rhode Island x x x

Vermont x x x 3

EPA Region 2

New Jersey x x 4

New York x x x 5

EPA Region 3

Delaware x x

Maryland x x x x 6

Pennsylvania x x

Virginia x

West Virginia x x x x x x x

EPA Region 4

Alabama x x x x x x

Florida x x x 7

Georgia x x x

Kentucky x x x 8

Mississippi x x x x

North Carolina x x 9

South Carolina x x x x x x

Tennessee x

EPA Region 5

Illinois x

Indiana x x x

Michigan x x x x x x x

Minnesota x x x x

Ohio x

Wisconsin x x x x 10

EPA Region 6

Arkansas x x x x

Louisiana x x x x

New Mexico x x

Oklahoma x x x x x 11

Texas x x x

EPA Region 7

Iowa x x x x

Kansas

Missouri x x x x

Nebraska x x x x x

EPA Region 8

Colorado x x x

Montana x x x x x 12

North Dakota x

South Dakota x x x x x 13

Utah x x

Wyoming x x

EPA Region 9

Arizona x x x

California x x x x 14

Hawaii x x x

Nevada x x x x

EPA Region 10

Alaska x x

Idaho x x x x x x
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 8

Table 2: Presence of WQ Standards by Waterbody

WW CW Shellfish

Spawning

Habitat Streams Rivers

Lakes/

Reservoirs Marine

Sitespecific

Other

(see

Notes)

Oregon x x x x x x 15

Washington x x x x x

Notes:

1 Temperature of discharged effluent shall not be more than 0.5 F greater than the receiving water.

2 The department shall adhere to the requirements and recommendations of the NH fish and game department, the New England Interstate

Water Pollution Control Commission, or the USEPA, whichever requirements and recommendations provide the most effective level of thermal

pollution control.

3 Lakes, ponds, reservoirs - more deviation allowed with lower temperature, up to maximum of 3F at <50 F; all other waters - more deviation

allowed with lower temperature, up to maximum of 5F at <55 F

4 Excludes Pinelands Area

5 If temperature of estuary is above 83 F, addition of discharge shall not raise ambient temperature more than 1.5 F.

6 A thermal barrier affecting salmonoids may not be established.

7 Temperature limits apply only to discharged waters, affected waterbody.

8 Coldwater standards dependent on dissolved oxygen (DO) concentrations.

9 Standards vary by Piedmont/non-Piedmont waters.

10 Coldwater standards dependent on DO concentrations.

11 Applies to lakes where thermal stratification exists.

12 WQ standards are determined by ambient waterbody temperature.

13 Temperature increase may not exceed 2F per hour.

14 Thermal waste discharges with a maximum temperature greater than 5 F above natural receiving water temperature are prohibited for all

warmwater bodies.

15 Standards are largely determined by the species inhabiting the regulated waterbodies.

Temperature limits were also specified for various generic classes of waterbodies including streams (24

states), rivers (11 states), lakes and reservoirs (25 states) and marine waters (17 states). Site-specific

temperature limits for individual named waterbodies were included in water quality regulation in 17

states. Table 2 also has the category “other” which identified alternative or additional means for assigning

temperature standards.

3.2 Addressing Section 316(a) Permit Provisions

The various methods used to address relevant Section 316(s) provisions in permit limitations for thermal

discharges are compared in (Table 3). Of the 103 permits reviewed, approximately half (53%) had

effluent temperature limitations, split between those with some form of an EPA-approved 316(a) variance

(33%) and those with temperature limits based on either state temperature standards or a state-approved

model or mixing zone study (20%).

Table 3: Methods used to address Section 316(a) Requirements by EPA Region

EPA

Region1 Permits

None Given

(Towers in

place)

Not

Specified

No Temp.

Limits/ No

Monitoring

Temp. Guidance/

Monitoring Only

Application of State

Temp. Limits/

Mixing Zone (No

316(a) Req.)

316(a)

Variance

Study

2 8 2 (25%) 3 (38%) 3 (38%)

3 15 1 (7%) 1 (7%) 3 (20%) 2 (13%) 8 (53%)

4 23 3 (13%) 6 (26%) 4 (17%) 10 (43%)

5 20 10 (50%) 3 (15%) 7 (35%)

6 19 3 (16%) 2 (11%) 5 (26%) 3 (16%) 6 (32%)

7 5 3 (60%) 1 (20%) 1 (20%)

9 5 1 (20%) 4 (80%)

10 8 3 (38%) 1 (13%) 1 (13%) 2 (25%) 1 (13%)

Total 103 5 (5%) 5 (5%) 10 (10%) 28 (27%) 21 (20%) 34 (33%)

1 No permits from Regions 1 or 8 were included in the permit review
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 9

For the 47% of the facilities with no temperature limits in their permit; approximately 27% had

temperature monitoring and reporting requirements. The remaining 20% of the facilities had no permitbased temperature limitations (this included 5% with existing cooling towers).

As indicated on Table 3, the States’ regulatory approach to 316(a) variance issues differs between the

EPA regions (e.g., Region 6 vs. Region 9). However, the total number of permits available for this review

from a region (typically 2-3 per state) is low, so that no definitive conclusions can be reached.

Of the 34 permits with approved 316(a) variances, 17 were approved with historic evaluation studies that

were typically 15-25 years old or of indeterminate vintage (i.e., insufficient evidence to date effort), with

two of these scheduled for a re-evaluation during the next permit cycle (Table 4). For 10 of the 13 permits

with historic variance studies, the PQR material indicated that documentation of the study was not

available as part of the permit package. Seventeen facilities had updated 316(a) studies completed within

the last five years.

Table 4: Status of Permits with Section 316(a) Variances

Permits with Approved 316(a) Variances 34

Evaluation Date Not Specified 4

Variances with Historic Evaluations (Requiring Re-evaluation) 13 (2)

Variances with Recently Completed Re-evaluation 17

Table 5 compares methods used in addressing Section 316(a) permit provisions between electrical power

generating plants (G) and manufacturers (M) nationwide. The large majority (77%) of the twenty-two

manufacturing facilities had either no effluent temperature limitations or monitoring and reporting

requirements. None of manufacturers had an approved 316(a) variance study whereas 42% of the power

plants did. These trends are most likely attributable to the assumed smaller effluent flows from these

facilities as compared to power plants.

Table 5: Methods used to address Section 316(a) Requirements by Facility Type

Facility Type

None Given

(Towers in

place)

Not

Specified

No Temp.

Limits/ No

Monitoring

Temp. Guidance/

Monitoring Only

Application of State

Temp. Limits/ Mixing

Zone (No 316(a) Req.)

316(a)

Variance

Study Total

Generators 6% 4% 6% 22% 20% 42% 100%

Manufacturers 0% 9% 23% 45% 23% 0% 100%

Total 5% 5% 10% 27% 20% 33% 100%

3.3 NPDES Permit Effluent Temperature Limitations

Temperature limitation for effluent discharges vary greatly among permits (Table 6). The two main

categories of permit temperature limitations contained by the permits were (a) maximum temperature

limit for the discharge and (b) maximum amount of allowable deviation of temperature from ambient

conditions in the receiving water body. Less common permit limitations were average temperature limits

for the discharge or amount of thermal loading (usually expressed in terms of British thermal units

(BTUs/time period). Many of the NPDES permits reviewed contained a combination of two or more of

these effluent limitations.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 10

Table 6: Number of Permits with Various Types of Temperature Limits, by State

Temperature Limit Type

State None Maximum Temp. Average Temp. Temp. Increase BTU Loading

Region 2

New Jersey 0 3 0 2 2

New York 0 4 0 2 1

Region 3

Delaware 0 1 0 1 1

District of Columbia 1 1 0 1 1

Maryland 0 0 0 1 1

Pennsylvania 0 4 0 3 0

Virginia 0 2 0 2 2

West Virginia 0 0 0 0 2

Region 4

Alabama 1 2 0 1 0

Florida 1 3 1 2 0

Georgia 0 3 0 3 0

Kentucky 1 2 1 1 0

Mississippi 0 1 1 1 0

North Carolina 1 0 1 0 0

South Carolina 1 2 0 1 0

Tennessee 1 2 0 0 0

Region 5

Illinois 0 2 1 3 0

Indiana 2 0 0 0 1

Michigan 1 0 0 0 2

Minnesota 1 1 0 2 0

Ohio 2 1 1 0 0

Wisconsin 4 0 0 0 0

Region 6

Arkansas 2 3 1 1 0

Louisiana 3 1 1 0 0

New Mexico 2 2 2 0 0

Oklahoma 3 0 0 0 0

Texas 0 2 2 0 0

Region 7

Iowa 0 1 0 1 0

Kansas 1 0 0 0 0

Missouri 1 1 0 0 0

Nebraska 0 1 0 1 0

Region 9

Arizona 1 0 0 0 0

Guam 0 0 0 2 0

Hawaii 0 0 1 1 0

Nevada 1 0 0 0 0

Region 10

Alaska 0 2 1 0 0

Idaho 1 0 0 0 0

Oregon 1 1 0 0 0

Washington 1 2 0 2 0
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 11

Table A–1 compares the location of the monitoring point among permitted facilities with temperature

monitoring and reporting requirements. The most common temperature threshold monitoring location

(57%) was end-of-pipe, followed by edge of mixing zone (17%), internal facility location (14%), and at

some fixed downstream location (e.g., bridge, river mile) (12%).

Table 7 shows the numeric ranges

1

of permit effluent temperature limitations organized by EPA region

for easier comparison of permits within common geographic areas and within regulatory boundaries.

Most of the upper ranges of maximum temperature limits

2

present in the reviewed permits are well above

their respective States’ maximum temperature limits (see Table A–2), indicating that a state-approved or

316(a) variance study was conducted. By inference, the absolute value of the permitted maximum and

average temperatures suggests that discharges are mostly confined to large rivers containing warmwater

fish communities and/or estuaries. Table 7 contains some particularly wide ranges between the

temperature difference allowed between intake and discharge waters for some permits, but the direct

ecological significance is hard to evaluate since it is just a relative difference.

Of greater importance appears to be the general adherence of permit limitations to States’ water quality

regulations with regard to the maximum allowable deviation of temperature from ambient conditions.

With the exception of permits from Alabama and Kentucky (10oF), the amount of allowable deviation

was equal or less than 5.4oF (= 3oC). This indicates that permit-writers are setting discharge limitations to

limit the potential influence of the individual facilities on receiving waters. However, this principle does

not account for the cumulative effects of multiple facilities, since ambient conditions are usually equated

to upstream water temperature near or at the point of the intake. Since upstream water temperatures may

have already been raised by thermal discharges from upstream facilities, this approach for individual

facilities may not be protective of local aquatic resources downstream.

1 Ranges presented for permit temperature limits are the lowest and highest values of all permits reviewed in each region. If a

permit had seasonal or monthly limits, the absolute minimum and maximum were considered.

2 Maximum temperature limits in permits refer to the maximum allowable discharge temperature
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 12

Table 7: Range of Reviewed Permit Temperature Limits by State and Limit Type

Limits on Maximum

Temperature (°F)

Limits on Average

Temperature (°F)

Limits on Increase

between Intake &

Discharge (°F)

Limits on Change in

Ambient

Temperature (°F)

State Min Max Min Max Min Max Min Max

Region 2

New Jersey 104 110 2 36.5

New York 90 100 16.5 34.2

Region 3

District of Columbia 90 90 5 5

Delaware 103 103 4 4

Maryland 12 12

Pennsylvania 74.3 110 2 2

Virginia 89.6 89.6 3.6 3.6 5.4 5.4

West Virginia

Region 4

Alabama 90 112.5 10 10

Florida 97 109 96.5 96.5 16.8 17

Georgia 90 108 18 18 5 5

Kentucky 89 100 95 95 10 10

Mississippi 90 90 90 90 5 5

North Carolina 95 95

South Carolina 104 121.2 17.5 17.5

Tennessee 97 102

Region 5

Illinois 93 111 102 102 3 5

Indiana

Michigan

Minnesota 86 86 23 23 3 5

Ohio 92 92 86.5 86.5

Wisconsin

Region 6

Arkansas 89.6 129.9 100 100 5 5

Louisiana 115 115 110 110

New Mexico 80.6 95 80 90

Oklahoma

Texas 107 110 100 108

Region 7

Iowa 5.4 5.4

Kansas

Missouri 90 90

Nebraska 94 94 5 5

Region 9

Arizona

Guam 1.8 1.8

Hawaii 102.2 102.2 1.8 1.8

Nevada

Region 10

Alaska 87.2 89.6 79.9 79.9

Idaho

Oregon 89.6 89.6

Washington 90 104 0.36 0.54
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 13

4 Section 316(b) Permit Provisions

The various methods used to address relevant Section 316(b) provisions in permit limitations are

compared in Table 8. A breakdown of the compliance categories indicates that 51% of the facilities’

permits conditions contained little or no references to 316(b) regulations. Further analysis of the 316(b)

provision status nationwide indicates that none of the manufacturing facilities had 316(b) requirements

specified in their permits, while 36% of the generators had none.

Approximately 19% of the facilities had an approved 316(b) demonstration; which included 11% that

were scheduled for a re-evaluation during the next permit cycle. Nine percent of the facilities reportedly

had initiated a Comprehensive Demonstration Study (CDS) while 17% were required to conduct the CDS

within the current 5-year permit cycle but had not started at the time of permit issuance. The current status

of these CDS activities is uncertain due to the remanding of the Phase II facility 316(b) regulations in

midst of the current permit cycle. Specifically, on July 9, 2007 (72 FR 37107), EPA suspended the bulk

of the Phase II 316(b) regulation and announced that, pending further rulemaking (currently ongoing),

permit requirements for cooling water intake structures at Phase II facilities should be established on a

case-by-case, best professional judgment (BPJ) basis.

Table 8: Methods used to address Section 316(b) Requirements by EPA Region

Approved permit

conditions

EPA

Region Permits Not specified None

CDS, not

initiated

CDS, ongoing

Historic

Evaluation

Current Reevaluation

New Facility

(subject to

Phase I)

None Given

(Tower in

place)

2 8 4 (50%) 1 (13%) 3 (38%)

3 15 3 (20%) 4 (27%) 3 (20%) 1 (7%) 2 (13%) 2 (13%)

4 23 15 (65%) 2 (9%) 3 (13%) 2 (9%) 1 (4%)

5 20 5 (25%) 3 (15%) 4 (20%) 4 (20%) 4 (20%)

6 19 13 (68%) 2 (11%) 2 (11%) 2 (11%)

7 5 2 (40%) 3 (60%)

9 5 4 (80%) 1 (20%)

10 8 8 (100%)

Total 103 50 (49%) 2 (2%) 17 (17%) 9 (9%) 8 (8%) 11 (11%) 2 (2%) 4 (4%)

Of the 103 facilities reviewed, eleven facilities had cooling towers already installed with an additional six

facilities in the process of installing cooling towers. Of the new construction, two were new facilities

subject to Phase I regulations; one facility had cooling towers being installed as a result of the findings of

its thermal discharge study; and three had cooling towers being installed but the exact regulatory impetus

was not clear. Of the six facilities with new cooling towers being installed, only two directly stated in the

permit or factsheet that installation was considered best technology available (BTA) to minimize adverse

environmental impacts.

5 Protected Aquatic Resources

NPDES permit effluent limitations are constructed to be protective of the receiving water’s designated

uses, specifically aquatic life support for local fish and shellfish communities. Permits were inconsistent

in whether the protected aquatic resource(s) were identified. Six permits were more explicit in providing

lists of local species of interest or concern; including both common species likely to be subject to I&E and

threatened and endangered species.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements 14

6 Summary

Abt Associates conducted a review of 103 NPDES permits, together with corresponding factsheets and

relevant EPA PQR documents, to identify and categorize permit effluent limitations and/or operating

conditions pertaining to how generation and manufacturing facilities dealt with potential Sections 316(a)

and 316(b) permit provisions. Based on this review and analysis:

 We compiled states’ temperature water quality standards to identify regulatory standards

applicable to the NPDES permits reviewed and to allow comparison of temperature standards

between States;

 Most States have established standards for maximum daily temperature (47 states) and maximum

allowable deviation from ambient temperature (48 states);

 Of the permits reviewed, 53% had effluent temperature limitations either based on EPA-approved

316(a) variance (33% of all facilities) or state-approved models or mixing zone studies (20%).

The remaining facilities either had no temperature limits (20%) or monitoring only ((27%) :

 For facilities with approved 316(a) variances, about half were based on historic studies or

required re-evaluation the following permit cycle, while half were based on updated 316(a)

studies conducted within the last five years;

 Permit temperature limitations for maximum temperature varied widely between states and

environmental settings. Permit limits for allowable deviation from ambient conditions generally

adhered to States water quality temperature standards;

 Over half (51%) of the NPDES permits reviewed did not contain any reference to Section 316(b)

requirements. However, inclusion of 316(b) compliance requirements varied widely between

permits for manufacturing facilities (0% included 316(b) requirements) and generators (64%);

 Cooling towers were installed in 11 or scheduled to be installed at six of the 103 or 16% of all

facilities considered.

 Only three of the permits reviewed gave details for determination of cooling tower installation as

Best Technology Available (BTA).

7 References

USEPA. 1986. Quality Criteria for Waters (“Gold Book”). Office of Water. Regulations and Standards,

Washington D.C. EPA 444/5-86-001. May 1986.

USEPA. 2010. On-line Tracking and Information System (OTIS). Available at: http://www.epaotis.gov/otis/

USEPA. 2010. State, Tribal and Territorial Water Quality Standards. Internet library maintained by

Office of Water at: http://www.epa.gov/waterscience/standards/wqslibrary/
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-1

Appendix A – Tables

This appendix contains two tables summarizing Abt Associates’ review of 103 facilities’ NPDES permits

and of individual states’ water quality standards. Permit review information is contained in Table A–1,

and state water quality standard summaries are presented in Table A–2.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-2

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

AK0022942 Healy Power

Plant AK 10 G

Electricity

Generation 22111 Not Specified None Not specified Not specified

AK0053333 Chena Power

Plant AK 10 G

Electricity

Generation 22111 9/20/08 Variance Study Approved withhistoric evaluation Not specified Not specified

Fishery &

invertebrate

resources

Chum, chinook

salmon, arctic

grayling

AL0002879

Alabama Power

Company –

Barry Steam

Plant

AL 4 G

Electricity

Generation 22111 10/31/13 Variance Study Approved withcurrent re-evaluation CDS, not initiated

Fishery &

invertebrate

resources

AL0003018

International

Paper Company

– Riverdale Mill

AL 4 M Paper 322121 10/31/12 No Temp limits/No

Monitoring Not Specified

AL0022080

TVA Browns

Ferry Nuclear

Plant

AL 4 G

Electricity

Generation 22111 8/31/11 Variance Study Approved withcurrent re-evaluation CDS, not initiated

Fishery &

invertebrate

resources

AR0000841

John L.

McClellan

Generating

Station

AR 6 G

Electricity

Generation 22111 3/31/11

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Limitations continued

from previous permit. Not Specified

AR0035386

Eastman

Chemical

Company

AR 6 M Chemicals 325199 11/30/08

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Not Specified

AR0037451

Entergy Services

– Independence

Plant

AR 6 G

Electricity

Generation 22111 7/1/11 Yes

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Not specified

Continued operation

of existing

technologies

AR0037842 Flint Creek

Power Plant AR 6 G

Electricity

Generation 22111 2/28/11 Not specified CDS on-going CDS and Phase IIRequirements

CDS and PIC

submittal

requirements.

AR0049255

Wrightsville

Generating

Station aka Harry

Oswald

Generating

Station

AR 6 G

Electricity

Generation 22111 8/31/11 Yes None Given (CoolingTower in place)

Facility has closed

cycle cooling system

in place, temperature

requirements

removed from

permit. Facility has

not operated since

2004.

Not specified

Continued operation

of existing

technologies

Not specified

AR0049611 Hot Springs

Power Company AR 6 G

Electricity

Generation 22111 4/30/12 Yes None Given (CoolingTower in place) Not Specified Not specified

Ouachita rock

pocketbook, pink

mucket, black

sandshell, purple

lilliput.

AZ0023159 West Phoenix

Power Plant AZ 9 G

Electricity

Generation 22111 12/31/08 Yes None Given (CoolingTower in place)

None Given (Cooling

Tower in place)

DC0000094

Benning

Generating

Station

DC 3 G

Electricity

Generation 22111 11/17/05 Yes None Given (CoolingTower in place) Not Specified Not specified

DC0022004

Potomac

Generating

Station

DC 3 G

Electricity

Generation 22111 Variance Study Approved CDS, not initiated TBD based onresults of CDS

DE0000558 Conective Edge

Moor DE 3 G

Electricity

Generation 22111 Temp. guidance ormonitoring only None CDS on-going TBD based onresults of CDS

Fishery &

invertebrate

resources

FL0000159

Progress Energy

Florida – Crystal

River Plant

FL 4 G

Electricity

Generation 22111 5/8/10 Variance Study Approved withcurrent re-evaluation

Approved permit

conditions based on

historic evaluation

Seasonal

conditions/restriction

s

Fishery &

invertebrate

resources

FL0000817

Tampa Electric

Company – Big

Bend Power

Station

FL 4 G

Electricity

Generation 22111 3/16/10 Variance Study Approved withcurrent re-evaluation

Approved permit

conditions based on

historic evaluation

CDS and Phase II

Requirements for

next permit

FL0002763

Georgia Pacific –

Palatka

Operation

FL 4 M Paper 322110 8/5/07 Temp. guidance or

monitoring only None Not Specified

FL0044229

Seminole Electric

Cooperative –

Midulla

Generating

Station

FL 4 G

Electricity

Generation 22111 9/24/14

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Not specified

Facility uses

recycled cooling

water from a cooling

reservoir.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-3

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

GA0000345 Greeenwood

Mills GA 4 M Other 313311 7/31/02 Temp. guidance ormonitoring only None Not Specified

GA0001431 Plant

McDonough GA 4 G

Electricity

Generation 22111 12/31/08 Temp. guidance ormonitoring only None

Facility is installing

cooling tower, but

316(a) is not

mentioned explicitly

Not Specified Cooling Tower

installation Not specified

Facility is installing

cooling tower, but

316(b) is not

mentioned explicitly

GA0026051 Plant Branch GA 4 G

Electricity

Generation 22111 2/28/10 Variance Study Approved withcurrent re-evaluation Not Specified

GU0000027

Tanguisson

Steam Power

Plant

GU 9 G

Electricity

Generation 22111 1/30/06 Variance Study Approved CDS, not initiated TBD based onresults of CDS

Fishery &

invertebrate

resources

GU0020001 Cabras Power

Plant GU 9 G

Electricity

Generation 22111 1/30/06 Variance Study Approved CDS, not initiated TBD based onresults of CDS

Fishery &

invertebrate

resources

HI000019 Kahe Generating

Station HI 9 G

Electricity

Generation 22111 11/30/09 Variance Study Approved withcurrent re-evaluation CDS, not initiated TBD based onresults of CDS

Fishery &

invertebrate

resources

HI000604

Waiau

Generating

Station

HI 9 G

Electricity

Generation 22111 8/31/09 Variance Study Approved CDS, not initiated TBD based onresults of CDS

Fishery &

invertebrate

resources

IA0001783

IP&L Burlington

Generating

Station

IA 7 G

Electricity

Generation 22111 9/4/11

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

Not completed CDS, not initiated TBD based on

results of CDS

CDS and full

remanded Phase II

requirements

included

Warmwater fishery

& invertebrate

resources

ID0027995 Cabinet Gorge

Power Station ID 10 G

Electricity

Generation 22111 1/5/07 No Temp limits/NoMonitoring None Not Specified Not specified

Salmonid spawning

and coldwater

fishery, designated

Special Resource

Waters

IL0002208

Will City

Generating

Station

IL 5 G

Electricity

Generation 22111 5/31/10

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

CDS and Phase II

Requirements

Fishery and

invertebrate

resources

(indigenous aquatic

life)

IL0005037

Quad Cities

Generating

Station

IL 5 G

Electricity

Generation 22111 5/31/05 Variance Study Approved withhistoric evaluation

Application of State

Temp. limits / mixing

zone, based on sitespecific Temperature

Monitoring Curve.

Variance Study

conducted in 1981

Approved permit

conditions based on

historic evaluation

Monitoring only

Initial study done in

1981. Weekly

impingement

monitoring with

yearly summary for

state review

Fishery resources

(inferred, Mississippi

River not rated for

resources at this

point)

IL0049191

Ameren Energy

Generating

Newton Power

Station

IL 5 G

Electricity

Generation 22111 1/31/12 Variance Study Approved withhistoric evaluation

Historical

evaluations: Power

Unit 1 (1984); Power

Unit 2 (1990)

CDS on-going TBD based on

results of CDS

Currently no

requirements based

on original 1981

316(b). Included in

Phase II; CDS to

have been submitted

1/2008

Dedicated power

plant cooling water

impoundment

(thermal pond). No

receptors identified

IL0061930

Archer Daniels

Midland

Company

IL 5 M Food 312140 4/20/11

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

Permit requires plan

for delineation of

thermal mixing zone

in Illinois River within

one year of issue

Not Specified Not specified

Fishery resources

(inferred, Illinois

River not rated for

resources at this

point)

IN0000108 BP Whiting IN 5 G

Electricity

Generation 22111 7/31/12 Variance Study

Approved with

historic evaluation;

re-evaluation

required

Historic evaluation

completed in 1975

Approved permit

conditions based on

historic evaluation

Not specified Historic evaluation

completed in 1975

Fishery &

invertebrate

resources and

wildlife

IN0000116

Michigan City

Generating

Station

IN 5 G

Electricity

Generation 22111 3/31/11 Variance Study Approved withcurrent re-evaluation

Approved historic

316(a) variance for

once through

process, variance

continued on the

basis of use of

cooling towers

CDS on-going CDS and Phase II

Requirements

Historic

demonstration study

(1978); CDS to have

been submitted

1/2008

Great Lakes fishery

and Outstanding

Resource Waters
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-4

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

IN0002798

PSI Energy

Gallagher

Generating

Station

IN 5 G

Electricity

Generation 22111 4/30/10 Temp. guidance ormonitoring only

Approved with

historic evaluation;

re-evaluation

required

Historic evaluation

completed in 1978

Approved permit

conditions based on

historic evaluation

CDS and Phase II

Requirements

Historic evaluation

completed in 1980

Fishery &

invertebrate

resources and

wildlife in or on the

Ohio River

KS0079057

Wolf Creek

Generating

Station

KS 7 G

Electricity

Generation 22111 12/31/08 Temp. guidance ormonitoring only Not completed CDS, not initiated TBD based onresults of CDS

CDS and full

remanded Phase II

requirements

included

Fishery &

invertebrate

resources in

receiving water

below cooling

impoundment

discharge

(occasional)

KY0000388

Ashland

Petroleum

Company –

Catlettsburg

Refinery

KY 4 G

Electricity

Generation 22111 7/31/01

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Not Specified

KY0002011

Kentucky Utilities

Company Green

River Generating

Station

KY 4 G

Electricity

Generation 22111 10/31/04 Temp. guidance ormonitoring only None

T monitoring and

reporting

requirements only.

Intake flow <25% of

the river during AprilJune based on

previous thermal

studies. Temp

eratures should be

sampled daily.

Not Specified

KY0004201

Tennessee

Valley Authority

– Paradise Fossil

Plant

KY 4 G

Electricity

Generation 22111 10/31/09

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

"Alternate effluent

limits" are

mentioned, which

may allude to a

previous variance

application and

approval. (permit pg

35)

Not Specified

Fishery &

invertebrate

resources

LA0003093

Entergy

Louisiana, LLCNinemile Point

Generating

Station

LA 6 G

Electricity

Generation 22111 NA

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Temp. limits

established in 1978

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

Requirements for a

CDS-like plan for

data collection and

data submittal.

Facility is to submit a

proposed plan for

data collection within

1 year of the

effective date of the

permit, while the

data are due to DEQ

within 4 years of the

effective date of the

permit.

LA0005584

ExxonMobil

Refinery and

Supply Co

LA 6 M Petroleum 324110 NA No Temp limits/No

Monitoring Not Specified

LA0007439

Entergy LA, LLC

– Waterford 1 &

2 Generating

Plant

LA 6 G

Electricity

Generation 22111

5 years

from

effective

date.

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

CDS and Phase II

Requirements Not specified

CDS was to be

submitted by

January 7, 2008.

LA0029963

Chevron Phillips

Chemical

Company, LP –

St. James Plant

LA 6 M Chemicals 325110

5 years

from

effective

date.

Yes No Temp limits/No

Monitoring Not Specified Pallid Sturgeon,

MD0000582

R. Paul Smith

Generating

Station

MD 3 G

Electricity

Generation 22111 1/31/07 Variance Study

Approved with

historic evaluation;

re-evaluation

required

Not specified Monitoring only Fishery resources

MD0002399

Calvert Cliffs

Nuclear Power

Plant

MD 3 G

Electricity

Generation 22111 5/30/05 No Temp limits/NoMonitoring CDS on-going TBD based onresults of CDS

Sensitive habitat

(Chesapeake Bay)
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-5

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

MI0001848

Detroit Edison

Monroe Power

Plant

MI 5 G

Electricity

Generation 22111 10/1/09 Variance Study Approved withhistoric evaluation

Date of historic

evaluation unclear CDS, not initiated TBD based onresults of CDS

CDS and full

remanded Phase II

requirements

included

Fishery &

invertebrate

resources

MI0005827

Donald C. Cook

Nuclear Power

Plant

MI 5 G

Electricity

Generation 22111 10/1/08 Variance Study Approved withhistoric evaluation

Historic evaluation

completed in 1977

Approved permit

conditions based on

historic evaluation

CDS and Phase II

Requirements

Historic evaluation

completed in 1987

Fishery &

invertebrate

resources

MI0000892 Neenah Paper -

Musining Paper MI 5 M Paper 322121 10/1/06 Temp. guidance ormonitoring only None Not Specified Not specified

Fishery &

invertebrate

resources

MN0000876 Black Dog

Generating Plant MN 5 G

Electricity

Generation 22111 2/28/13 Variance Study approved withcurrent re-evaluation

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

TBD based on

results of CDS Not specified

CDS submitted 1-25-

2008. Technology

changes TBD

pending state

review.

Fishery resources

MN0001015 Hibbard Energy

Center MN 5 G

Electricity

Generation 22111 5/31/11 Temp. guidance ormonitoring only None CDS on-going Not specified

Fishery &

invertebrate

resources

MN0002208

Taconite Harbor

Energy Center

(LTV Steel)

MN 5 G

Electricity

Generation 22111 11/30/10

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

CDS on-going

Fishery &

invertebrate

resources

MO0001961 James River

Power Station MO 7 G

Electricity

Generation 22111 1/12/10 Temp. guidance ormonitoring only Not completed Not Specified Not specified Not specified

Fishery &

invertebrate

resources in

receiving water

below cooling

impoundment

discharge

MO0001961 KCPL Hawthorne MO 7 G

Electricity

Generation 22111 n/a (draft

only)

Temp. guidance or

monitoring only Not completed Not Specified Cooling Towerinstallation

Warmwater fishery

& invertebrate

resources

MS0002925

Mississippi

Power Company,

Plant Jack

Watson

MS 4 G

Electricity

Generation 22111 4/30/08 Variance Study Approved withhistoric evaluation

No direct mention of

316(a) directly, but

there is mention of

EPA variance. (p24)

Not Specified

MS0002941 Georgia Pacific

Corporation MS 4 M Paper 322130 6/30/10 Temp. guidance ormonitoring only None Not Specified

NC0003298

International

Paper Company,

Inc. Riegelwood

Facility

NC 4 M Paper 322110 11/30/11 Temp. guidance or

monitoring only None Not specified

NC0005088

Duke Energy

Company –

Cliffside Steam

Station

NC 4 G

Electricity

Generation 22111 7/31/10 Yes Variance Study Approved withcurrent re-evaluation

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

Continued operation

of existing

technologies

Not specified

Closed cycle cooling

system reduces

entrainment by 70%.

NE0111546 Gerald

Gentleman Plant NE 7 G

Electricity

Generation 22111 6/30/11 Variance Study Approved withhistoric evaluation

Historic evaluation

completed in 1994 CDS, not initiated TBD based onresults of CDS

CDS and full

remanded Phase II

requirements

included

Warmwater fishery

& invertebrate

resources

NJ0005029 Valero Refining

Company NJ 2 M Petroleum 324110 6/30/12 Temp. guidance ormonitoring only None Not Specified
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-6

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

NJ0000647

Hudson

Generating

Station

NJ 2 G

Electricity

Generation 22111 7/31/08 Variance Study approved withcurrent re-evaluation

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

New technology

installation (except

cooling tower)

Considered, not

determined as BTA

Fishery &

invertebrate

resources

Macroinvertebrates:

Blue crab, grass

shrimp, opossum

shrimp, and scud.

Fish: Atlantic

silverside, bay

anchovy, blueback

herring, gizzard

shad, mummichog,

American shad,

Atlantic menhaden,

Atlantic tomcod,

bluefish,

striped bass,

weakfish, white

perch, and winter

flounder.

Cumulative impacts

on stressed habitat

noted as additional

concern

NJ0004448 Fibermark NJ 2 M Paper 322121 7/31/10 Temp. guidance or

monitoring only None Not Specified

NJ0004995 Mercer NJ 2 G

Electricity

Generation 22111 10/31/11 Variance Study approved withcurrent re-evaluation CDS, not initiated TBD based onresults of CDS

Considered, not

determined as BTA

Fishery &

invertebrate

resources

• Alewife • Blueback

herring • American

shad • White perch •

Striped bass •

Channel catfish •

Spottail shiner •

Bluegill • Shortnose

sturgeon • Atlantic

sturgeon • Scud •

Blue crab

NM0000019 Four Corners

Power Plant NM 6 G

Electricity

Generation 22111 4/6/06 Not specified None

Facility withdraws

from (and discharges

to) a cooling pond

and does not have

facility-specific

effluent limits for

temperature. The

outfall from the pond

to the receiving

stream, however,

does have thermal

limits. Pond

discharges to Region

9.

Not Specified

NM0000043

City of

Farmington –

Animas Steam

Plant

NM 6 G

Electricity

Generation 22111 11/30/10

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

Not Specified

Facility has operated

in closed cycle

cooling mode since

approx. 1997.

NM0028606

Public Service

Company of NM

– San Juan

Electric

Generating

Station

NM 6 G

Electricity

Generation 22111 10/31/10 No Temp limits/NoMonitoring Not Specified

NM0030384

Public Service

Company of NM

– Person Electric

Generating

Station

NM 6 G

Electricity

Generation 22111 7/31/09 No Temp limits/NoMonitoring Not Specified

NV0022956

Chalk Bluff

Water Treatment

Facility

NV 9

Water

Treatm

ent

Plant

Note: Facility does not generate electricity and does not have 316(a) or (b) requirements. It appears the facility used to have hydro-electric power generating capability which may have classified it in SIC 4911.

NY0001368 ISG Lackawanna

Inc. NY 2 M Steel 331111 6/1/07

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Not Specified
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-7

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

NY0004413

International

Paper

(Ticonderoga)

NY 2 M Paper 322121 2/29/12

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Not Specified

NY0005118

Astoria

Generating

Station

NY 2 G

Electricity

Generation 22111 2/29/12 Variance Study approved withcurrent re-evaluation

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

New technology

installation (except

cooling tower)

Not specified Fishery resources

NY0006262

Danskammer

Generating

Station

NY 2 G

Electricity

Generation 22111 5/31/11

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

New technology

installation (except

cooling tower)

Not specified Fishery resources Sturgeon

OH0001147 Lake Shore Plant OH 5 G

Electricity

Generation 22111 6/30/11 Temp. guidance ormonitoring only None CDS, not initiated CDS and Phase IIRequirements

Fishery &

invertebrate

resources

OH00011533

Reliant Energy

Niles Power

Plant

OH 5 G

Electricity

Generation 22111 1/21/12 Temp. guidance ormonitoring only

Approved with

historic evaluation

Historic evaluation

completed in 1986 Not Specified Not specified Fishery resources(warmwater)

OH0010855

Ormet Aluminum

Mill Productions

Corporation

OH 5 M Aluminum 331315 7/31/08 Temp. guidance or

monitoring only None Not Specified Not specified

OK0000108 Tulsa Power

Station OK 6 G

Electricity

Generation 22111 8/31/09 Yes None Given (CoolingTower in place) Not Specified

OK0034657

Oklahoma Gas

and Electric

Company

OK 6 G

Electricity

Generation 22111 n/a (draft

only) Yes No Temp limits/No

Monitoring Cooling towers None

ONLY FACT SHEET

IS PROVIDED, NO

OTHER DOCS

OK0035068

Sooner

Generating

Station

OK 6 G

Electricity

Generation 22111 4/30/11 Temp. guidance ormonitoring only CDS on-going CDS and Phase IIRequirements

CDS to have been

submitted by 1/5/08

OR0001341 Georgia Pacific

West, Inc. OR 10 M Paper 322130 7/31/10 Not specified None Not specified Not specified

Fishery &

invertebrate

resources

OR0001708

Northwest

Aluminum

Company

OR 10 M Aluminum 331314 3/31/97 Not specified None Not specified Not specified

PA0005061 New Castle Plant PA 3 G

Electricity

Generation 22111 4/6/10 Variance Study Approved withhistoric evaluation CDS, not initiated TBD based onresults of CDS

PA0008281

Brunner Island

Steam Electric

Station

PA 3 G

Electricity

Generation 22111 9/30/11 Variance Study Approved withcurrent re-evaluation

Approved on

condition that

"helper" cooling

towers are installed

CDS, not initiated TBD based on

results of CDS Not specified Fishery resources

PA0088781 Conectiv Mid

Merit PA 3 G

Electricity

Generation 22111 5/31/12 Temp. guidance ormonitoring only None New Facility (subjectto Phase I)

Cooling Tower

installation Phase I Facility

Fishery &

invertebrate

resources

PA0252808 Robinson-Beech

Hollow PA 3 G

Electricity

Generation 22111 4/30/11 Temp. guidance ormonitoring only None New Facility (subjectto Phase I)

Cooling Tower

installation Phase I Facility

SC0003883 Williams Station SC 4 G

Electricity

Generation 22111 5/31/14 Variance Study Approved withcurrent re-evaluation

New 316(a) study

required in 2010 and

with each

subsequent permit

application

Not Specified

Department will

await national 316(b)

regulations and

reopen the permit as

necessary at that

time. BTA

determination from

1977 is continued

until the nat'l. regs.

are finalized.

Fishery &

invertebrate

resources

Atlantic sturgeon

and shortnose

sturgeon

SC0026506 DAK Americas SC 4 M Chemicals 325211 9/30/10 No Temp limits/No

Monitoring None Not Specified

SC0048135

Rainey

Generating

Station

SC 4 G

Electricity

Generation 22111 7/31/08

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

Thermal modeling

analysis performed

to justify thermal

discharge limits.

None Given (Cooling

Tower in place) Not specified Determined to beBTA

TN0002259 Dupont – Old

Hickory TN 4 M Chemicals 325211 9/30/10 No Temp limits/NoMonitoring None Not Specified

TN0005444

TVA –

Johnsonville

Fossil Plant

TN 4 G

Electricity

Generation 22111 2/27/08 Variance Study Approved withcurrent re-evaluation

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

CDS and Phase II

Requirements Not specified

The facility is

required to submit a

CDS by January 7,

2008.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-8

Table A–1: NPDES Permit Review Database

Permit ID Facility Name State EPA

Reg.

Facility

Type Sector

NAICS

Code

Exp.

Date

Towers in

Place?

316(a) Provisions

addressed by:

316(a) Variance

Study 316(a) Notes 316(b) Provisionsaddressed by:

316(b)

Requirements

Cooling Tower

Considered as BTA 316(b) Notes

Local

Areas/Receptors of

Concern

Specific species of

concern

TN0005452 TVA – Kingston

Fossil Plant TN 4 G

Electricity

Generation 22111 8/31/08 Variance Study Approved withcurrent re-evaluation

Approved permit

conditions based on

historic evaluation

Not specified

TX0000540

Knox Lee Power

Plant TX 6 G

Electricity

Generation 22111 12/1/10 Temp. guidance ormonitoring only None

Temp limit, but it

exceeds state water

quality standards.

None CDS and Phase II

Requirements

CDS and full

remanded Phase II

requirements

included

TX0000637

Bertron

Generating

Station

TX 6 G

Electricity

Generation 22111 10/1/08 Temp. guidance ormonitoring only None

Temp limit, but it

exceeds state water

quality standards.

Not Specified

VA0004138 Bremo Power

Station VA 3 G

Electricity

Generation 22111 7/30/06 Variance Study Approved withhistoric evaluation CDS on-going

VA0052451 North Anna

Power Station VA 3 G

Electricity

Generation 22111 7/4/05 Variance Study Approved withcurrent re-evaluation

Approved permit

conditions based on

historic evaluation

Monitoring only

Last Evaluation in

1985. Facility to

submit new

information as

required by now

suspended Phase II

rule.

fishery resources

VA0090891

Tenaska Bear

Garden

Generating

Station

VA 3 G

Electricity

Generation 22111 11/11/04 Yes

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None Given (Cooling

Tower in place) Monitoring Only

VA0090905

Tenaska

Fluvanna

Generating

Station

VA 3 G

Electricity

Generation 22111 6/29/08 Yes

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None None Given (Cooling

Tower in place) Monitoring Only invertebrateresources

WA0000078

Longview Fibre

Paper and

Packaging, Inc.

WA 10 M Paper 322130 10/1/12 Temp. guidance or

monitoring only None

Temperature and

mixing zone study

conducted in 2003,

but no mention of

316(a) variance

Not specified Not specified

Fishery &

invertebrate

resources

WA0000281 Noveon Kalama WA 10 M Chemicals 325199 6/30/08

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

Modeling conducted,

but no mention of

316(a) variance

Not specified Not specified

Fishery &

invertebrate

resources

WA0045217

Avista Kettle

Falls Generating

Station

WA 10 G

Electricity

Generation 22111 1/21/13

Application of State

Temp. limits / mixing

zone, but no 316(a)

req.

None

Modeling conducted,

but no mention of

316(a) variance

Not specified Not specified Not specified

Cooling tower makeup water provided by

municipal water

comp.

Fishery &

invertebrate

resources

WI0000922

Port Washington

Generation

Station

WI 5 G

Electricity

Generation 22111 12/31/12 Temp. guidance ormonitoring only None

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

Structure

relocation/modificatio

n - installation of a

porous dike;

considered BTA

Fishery resources

(coldwater)

WI0003131 WE Weston

Plant WI 5 G

Electricity

Generation 22111 12/31/11 Temp. guidance ormonitoring only None CDS, not initiated CDS and Phase IIRequirements

Fishery &

invertebrate

resources

WI0003671

WausauMosinee Paper

Corporation

WI 5 M Paper 322121 3/31/55 Temp. guidance or

monitoring only None Not specified Not specified Fishery resources(warmwater)

WI0043583

WE Pleasant

Prairie Power

Plant

WI 5 G

Electricity

Generation 22111 6/30/09 Yes Temp. guidance ormonitoring only None

Approved permit

conditions with

current re-evaluation

(w/i 5yrs)

Cooling Tower

installation

Determined to be

BTA

Great Lakes fishery

and coldwater

fishery

WV 0004723 Albright Power

Station WV 3 G

Electricity

Generation 22111 6/22/11 Variance Study Approved withhistoric evaluation Not specified Cooling Towerinstallation

Determined to be

BTA

Fishery &

invertebrate

resources

WV0001066 Kanawha River

Plant WV 3 G

Electricity

Generation 22111 11/16/06 Variance Study Approved withhistoric evaluation CDS, not initiated TBD based onresults of CDS
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-9

Table A–2: State Temperature Standards

State Class Designated Use

Max.

Temp.

(°F)

Above

Ambient

(°F)

Avg.

Temp.

(°F) Months Where Applicable Year Notes

90 streams, lakes, reservoirs, some river basins

86

parts of streams, lakes, and reservoirs in the Tennessee and Cahaba

River Basins, and for that portion of the Tallapoosa River Basin from

the tailrace of Thurlow Dam at Tallassee downstream to the junction

of the Coosa and Tallapoosa Rivers which has been classified by the

Alabama Department of Conservation and Natural Resources as

supporting smallmouth bass, sauger, or walleye

5

4 Oct - May

Alabama OAW, PWS, S,

SH, F&W, LWF

Outstanding Water Supply, Public

Water Supply, Swimming and Other

Whole Body Water-Contact Sports,

Shellfish Harvesting, Fish and Wildlife,

Limited Warmwater Fishery

1.5 June - Sept

streams, lakes, reservoirs, and non-estuarine and non-coastal areas

2008

1A(i) Water Supply - drinking, culinary, and

food processing 59

1A(ii)

Water Supply - agriculture, including

irrigation and stock watering 86

1A(iii) Water Supply - aquaculture 82.4

sitespecific

require

ments

with the exception of migration routes (59F), spawning areas

(55.4F), rearing areas (59F), egg and fry incubation (55.4F)

1A(iv) Water Supply - industrial 77

1B Water Recreation 86

Alaska

1C

Growth and Propagation of Fish,

Shellfish, Other Aquatic Life, and

Wildlife

68

2004

with the exception of migration routes (59F), spawning areas

(55.4F), rearing areas (59F), egg and fry incubation (55.4F)

A&Ww Aquatic and Wildlife warm water 5.36

A&Wedw Aquatic and Wildlife effluentdependent water 5.36

A&Wc Aquatic and Wildlife cold water 1.79

Arizona

Unique waterbodies 0

West Fork of Little Colorado R. above Government Springs, Peeples

Canyon (tributary to the Santa Maria R.), Cienega Creek (from its

confluence with Gardner Canyon and Spring Water Canyon and

R18ET17S to Del Lago Am in Pima County), Bonita Creek (tributary

to the upper Gila R.)

2009

General Usea5

Aquatic Life 84.2 -

89.6 5 various streams

89.6 5 lakes and reservoirs

68 5 Trout waters

Arkansas FW

129.2 SWEPCO Reservoir

2009

Cold Interstate

Waters

All cold water rivers, lakes, artificial

impoundments, and other waters that

flow across or form a part of the

boundary with other states or Mexico;

suitable for trout and salmon

0

Lake Tahoe, Truckee River, West Fork Carson River, East Fork

Carson River, West Walker River and Lake Topaz, East Walker

River, Minor California-Nevada Interstate Waters, Klamath River,

Smith River, Goose Lake, and Colorado River from the CaliforniaNevada stateline to the Needles-Topoc Highway Bridge

5

All warm interstate waters including Colorado River from the

Needles-Topoc Highway Bridge to the northerly international

boundary of Mexico, Tijuana River, New River, and Alamo River

additionally, thermal waste discharges with a max temp greater

than 5F above natural receiving water temperature are prohibited

5 Colorado River

3 Lake Havasu

60 Jan

65 Feb, Dec

70 March

72 Nov

75 April

82 May, Oct

86 June

90 July - Sept

Colorado River and Lake Havasu

Warm Interstate

Waters

All warm water rivers, lakes, artificial

impoundments, and other waters that

flow across or form a part of the

boundary with other states or Mexico;

suitable for warmwater fish such as bass

and catfish

62 2 Lost River

Cold Intrastate 5

Warm Intrastate 5

sitespecific

limits

Coastal Waters, existing discharges

Enclosed Bays

4 new discharges

California

Estuaries 86 4 existing and new discharges

1998

Colorado Class 1 Coldwater aquatic life 74.8 66.7 54.7F average during spawning season 2005
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-10

Table A–2: State Temperature Standards

State Class Designated Use

Max.

Temp.

(°F)

Above

Ambient

(°F)

Avg.

Temp.

(°F) Months Where Applicable Year Notes

Warmwater aquatic life 90.5 84.6

Coldwater aquatic life 74.8 66.7

Class 2

Warmwater aquatic life 90.5 84.6

Classes AAA, AA,

B

Aquatic Life 85 4

83 4 Oct - June

Class SA Shellfish (direct consumption),

Recreation 83 1.5 July - Sept

83 4 Oct - June

Connecticut

Class SB Shellfish (commercial harvesting),

Recreation 83 1.5 July - Sept

2002

General Use 86 5 82

FW

Cold Water Fisheries 5 75

87 84 June - Sept

Delaware

SW General Use

4 Oct - May

2004

FW General Use

heated discharge with a temperature greater than 5F (stream) or 3F

(lake) above the ambient is not allowed; no heated water with a

temperature above 90F (northern Florida) and 92F (peninsular

Florida) shall be emitted

Coastal Waters 92

heated discharge with a temperature greater than 2F (June - Sept)

and 4F (Oct - May) above the ambient is not allowed; no heated

water with a temperature above 92F (June - Sept) and 90F (Oct -

May) shall be emitted

Florida

SW

Open Watersb97

temperature limits only apply to discharge waters (see notes) 2007

heated discharge with a temperature greater than 17F above

ambient may not be discharged unless the maximum temperature is

less than 97F

90 5

0

streams designated as primary trout or smallmouth bass waters,

including "wild rivers" and "scenic rivers" FW Drinking Water Supplies, Recreation,

Fishing

2 streams designated as secondary trout waters

Georgia

SW Recreation and Fishing 1.5 estuarine waters

2002

Hawaii

Inland Class:

1a,1b,2

Marine Class:

AA,A

General Use 1.8 streams, estuaries, embayments, open coastal waters, oceanic waters 2004

71.6 66.2 lakes shall have no measureable change from background

conditions

55.4 0.89 48.2 waters designated for salmonid spawning and bull trout Cold water aquatic life

57.2 May - July Kootenai River

Seasonal cold water aquatic life 78.8 73.4 June - Sept

Idaho FW

Warm water aquatic life 91.4 84.2

2008

lakes shall have no measureable change from background

conditions

8.93

General Use 60 5.36 Dec - March main river

90 5.36 April - Nov main river

93 - 100 shall not > 93F for > 5% of time or > 100F

Illinois FW

Secondary contact and indigenous

aquatic life 45 - 89 3

varies

monthly Lake Michigan Basin for existing sources as of 1971

2009

50 - 90 5

varies

monthly streams (e.g. Ohio R. main stem, St. Joseph R.)

Aquatic Life Support

45 - 80 3

varies

monthly lakes and reservoirs (e.g. Lake Michigan)

70 2 at any time

Indiana FW

Cold Water Fish

65 2

spawning

period

89.6 5.36 interior streams and Big Sioux River, Missouri River

68 3.57 streams designated as coldwater

includes: cold water aquatic life, significant resource warm water,

limited resource warm water, lakes and wetlands

89.6 3.57 lakes and reservoirs

39.2 -

84.2 5.36 variesmonthly Mississippi River - IA/MN state line to northern IL border

Iowa Class B Wildlife, aquatic life, and secondary

body contact

44.6 - 86 5.36 varies

monthly Mississippi River - northern IL border to IA/MO state line

2002

Kansas FW General Purpose Waters 89.6 5.36

Warm water aquatic habitat 89

2008

Kentucky FW

Warm water aquatic habitat 50 - 89 45 - 84 varies

monthly site specific standards 2004
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-11

Table A–2: State Temperature Standards

State Class Designated Use

Max.

Temp.

(°F)

Above

Ambient

(°F)

Avg.

Temp.

(°F) Months Where Applicable Year Notes

Cold water aquatic habitat 0 based more on minimum DO concentrations

90 5 streams and rivers

FW

90 3 lakes and reservoirs

95 4 Oct - May

Louisiana

SW

Aquatic Life Support

95 2 June - Sept

2007

Class A Drinking, Fishing, Recreation, Aquatic

Habitat, Industrial see notes temperature of discharged effluent shall not be more than 0.5Fgreater than the receiving water

85 5 all water bodies except those listed below

FW

85 3 epilimnion of any lake or pond

85 4 Oct - May

Maine

SW

Aquatic Life Support

85 1.5 June - Sept

1996

Use I

Water Contact Recreation and

Protection of Nontidal Warmwater

Aquatic Life

90 0

Use II Support of Estuarine and Marine

Aquatic Life and Shellfish Harvesting 90 0

Use III Nontidal Cold Water 68 0

Maryland

Use IV Recreational Trout Waters 75 0

2005

a thermal barrier affecting salmonoids may not be established

68 1.5 cold water fisheries

Class A Public Water Supply

83 1.5 warm water fisheries

68 3

streams designated as cold water fisheries and epilimnion of lakes

Class B and ponds Aquatic Life Habitat, Primary and

Secondary Contact Recreation 83 5 streams designated as warm water fisheries

Class C Aquatic Life Habitat, Secondary

Contact Recreation 85 5

Class SA

Aquatic Life Habitat (Open Shellfish

Area), Primary and Secondary Contact

Recreation

85 1.5 80

85 1.5 80 July - Sept

Class SB

Aquatic Life Habitat (Restricted

Shellfish Area), Primary and Secondary

Contact Recreations 85 4 80 Oct - June

Massachusetts

Class SC Aquatic Life Habitat, Secondary

Contact Recreation 85 5

38 - 85 3

varies

monthly Great Lakes and connecting waters General Use (agricultural, navigation,industrial water supply, warmwater

fishery, indigenous aquatic fish and

wildlife, partial body contact recreation,

fish consumption)

45 - 85 3

varies

monthly inland lakes

3 inland lakes for anadramous salmonid migrations

5 non-trout rivers and streams for anadromous salmonid migrations

38 - 68 2

varies

monthly rivers, streams, and impoundments for coldwater fish

Michigan FW

Aquatic Life Support

38 - 85 5

varies

monthly rivers, streams, and impoundments for warmwater fish

2006

Class 1B, 2A, 3A

or 3B, 4A and 4B,

and 5

Cold water sport fish, drinking water

and associated use 0 all cold waterbodies

Class 1B or 1C, 86 5 streams

2Bd, 3A or 3B, 4A

and 4B, and 5

Cool and warm water sport fish,

drinking water, and associated use 86 3 lakes

86 5 streams

Minnesota

Class 2B, 2C Cool and warm water sport fish, and

associated use 86 3 lakes

2008

90 5 streams, lakes, reservoirs

FW

86 5 Tennessee River

90 4 Oct - May

Mississippi

SW

General Use

90 1.5 June - Sept

2007

0 lakes; see notes

an increase is allowed for Lake Springfield, Thomas Hill Reservoir

and Montrose Lake; discharges from these lakes must comply with

General Use limits for streams

45 - 89 varies

monthly Mississippi River zones A,B, and C at no time shall the river exceed these maximum limits by morethan 3F

90 5 General and Limited Warmwater Fisheries

84 5 Coolwater Fisheries

Missouri FW

Aquatic Life Support

68 2 Coldwater Fisheries

2007

Montana B-1, B-2, C-1, C-2 Drinking, Culinary, and Food 1 waters with ambient temperature 32 F - 66 F 2008
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-12

Table A–2: State Temperature Standards

State Class Designated Use

Max.

Temp.

(°F)

Above

Ambient

(°F)

Avg.

Temp.

(°F) Months Where Applicable Year Notes

Processing; Recreation; Growth and 67 waters with ambient temperature 66 F - 66.5 F

Propagation of Salmonid Fishes and

Associated Waterlife; Waterfowl and

Furbearers

0.5 waters with ambient temperature greater than 66.5 F

3 waters with ambient temperature 32 F - 77 F

80 waters with ambient temperature 77 F - 79.5 F

0.5 waters with ambient temperature greater than 79.5 F

3 Yellowstone River waters with ambient temperature 32 F - 82 F

85 Yellowstone River waters with ambient temperature 82 F - 84.5 F

B-3, C-3

Drinking, Culinary, and Food

Processing; Recreation; Growth and

Propagation of non-Salmonid Fishes

and Associated Waterlife; Waterfowl

and Furbearers

0.5 Yellowstone River waters with ambient temperature greater than 84.5

F

90 5 warm waters

72 5 cold waters (for both salmonid and non-salmonid sustaining waters)

85 4 Missouri River - from SD/NE state line to Sioux City, IA

Nebraska FW Aquatic Life Support

3 epilimnion of impoundments

2003

Class A

Municipal or domestic water supply

with treatment by disinfection only,

aquatic life, propagation of wildlife,

irrigation, watering of livestock,

recreation

68 0

68 0 trout waters

Class B

Municipal or domestic water supply

with treatment by disinfection and

filtration, aquatic life, propagation of

wildlife, irrigation, watering of

livestock, recreation

75.2 0 all other waters

68 5.36 trout waters

Nevada

Class C

Municipal or domestic water supply

with complete treatment, irrigation,

watering of livestock, aquatic life,

propagation of wildlife, recreation

93.2 5.36 all other waters

2007

Class A Water Supply 0 see notes

New

Hampshire Class B Fishing, Swimming, Recreation, and

Water Supplies

based on narrative criteria under Chapter 485-A Water Pollution and

Waste Disposal.

The department shall adhere to the requirements and

recommendations of the NH fish and game department, the New

England Interstate Water Pollution Control Commission, or the

USEPA, whichever requirements and recommendations provide the

most effective level of thermal pollution control.

FW2-TP 68 1

All freshwater lakes, ponds and reservoirs that are five or more acres

in surface area, that are not located entirely within the Pinelands Area

boundaries and that are not specifically listed as FW2-TP or FW2-

TM

FW2-TM

Aquatic Life Support

68 2

All freshwater lakes, ponds, and reservoirs that are less than 5 acres

in surface area, upstream and contiguous with FW2-TP or FW2-TM

streams, and which are not located entirely within the Pinelands Area

boundaries

82 5 small mouth bass and yellow perch waters

FW2-NT

All other freshwater lakes, ponds and

reservoirs that are not otherwise

classified 86 5 all other waters

85 4 Sept - May

SE Saline water of estuaries

85 1.5 June - Aug

80 4 Sept - May

New Jersey

SC Coastal saline waters

80 1.5 June - Aug

2008

68 - 93.2 5 stream

New Mexico FW General Use

68 - 93.2 3 lakes or reservoirs

2006

90 5 nontrout waters

70 2 June - Sept trout waters

70 5 Oct - May trout waters

FW

3 epilminion of lakes

+/- 4 Oct - June coastal waters

+/- 1.5 July - Sept coastal waters

90 4 estuaries if temperature of estuary is above 83 F, addition of discharge shall

not raise ambient temperature more than 1.5 F

New York

SW

Aquatic Life Support

0 enclosed bays

2008

84.2 5.04 mountain and upper piedmont waters

FW 89.6 5.04 lower piedmont and coastal plain waters

68 0.9 trout waters

89.6 1.44 June - Aug

North

Carolina

SW

General Use

89.6 3.96 Sept - May

2007
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-13

Table A–2: State Temperature Standards

State Class Designated Use

Max.

Temp.

(°F)

Above

Ambient

(°F)

Avg.

Temp.

(°F) Months Where Applicable Year Notes

North Dakota Classes I, IA, II Propagation and/or protection of

resident fish species 85 5 stream 2001

52 - 82 47 - 82 varies

monthly general Ohio River Basin

54 - 89 49 - 85 varies

monthly lower Great Miami River

52 - 87 47 - 83 varies

monthly Scioto River

50 - 87 45 - 83 varies

monthly Hocking River

50 - 89 45 - 85 varies

monthly Muskingum River

53 - 89 47 - 85 varies

monthly Mahoning River

49 - 85 44 - 82 varies

monthly general Lake Erie Basin

52 - 88 84 Jan - March Lake Erie tributary estuaries

50 - 89 45 - 85 varies

monthly Maumee River

52 - 87 47 - 83 varies

monthly Maumee Bay

52 - 87 47 - 83 varies

monthly Sandusky Bay

Ohio FW General Use

49 - 88 45 - 84 varies

monthly Cuyahoga River

2002

84 5 cool water aquatic communities

68 5 trout fishery

93.9 Arkansas River from Red Rock Creek to the headwaters of Keystone

Reservoir

Oklahoma FW Fish and wildlife propagation

3 lakes where thermal stratification exists

2008

All General Use 0.5 natural lakes and oceans and bays (except the Columbia R.)

55.4 stream identified as having salmon and steelhead spawning

60.8 stream identified as having core cold water habitat

64.4 stream identified as having salmon and trout rearing and migration

68 stream identified as having a migration corridor or Lahontan

cutthroat trout or redband trout

Waters supporting salmonid

53.6 0.5 stream identified as having bull trout spawning and juvenile rearing

Oregon

FW

Waters supporting salmon, steelhead, or

bull trout 0.5 cold waters

2007

Cold water fish 38 - 66 2

varies

monthly Pennsylvania FW Statewide waterbodies (warmwater

fisheries), trout stocking waterbodies 40 - 87 2

varies

monthly

2006

83 4 all water bodies except those listed below Class AA, A, B,

B1, B{a}, B1{a}, C

All freshwater - drinking, recreation,

fish and wildlife habitat, industrial

processes 68 4 coldwater habitats

Rhode Island 83 1.6 June - Sept Class SA, SA{b},

SB, SB1, SB{a},

SB1{a}, SC

All seawater - shellfish harvesting,

recreation, fish and wildlife habitat,

aquaculture, navigation, and industrial

uses

83 4 Oct - May

2007

90 5 free-flowing waters and lakes

FW

Recreation, Drinking water, Fishing,

Survival and Propagation of Aquatic

Life 0 Trout Waters

Shellfish harvesting 4 fall, winter, spring

South

Carolina

Class SA, SB

Shellfish harvesting 1.5 summer

2004

All fish life propagation 0 spawning beds Additionally, temperature increase may not exceed 2F per hour.

Coldwater permanent fish life 65 4 streams

Coldwater marginal fish life 75 4 streams

Warmwater permanent fish life 80 4 streams

Warmwater semi permanent and

marginal fish life propagation 90 5 streams

South Dakota FW

All fish life propagation 3 lakes and impoundments

1999

DWS, IWS, REC Domestic and Industrial Water Supply,

Recreation 86.9 3 Additionally, temperature increase may not exceed 2F per hour.

86.9 3

Tennessee

FAL, TS Fish and Aquatic Life

68 trout waters

2008

Texas FW General Use 5 streams 2009
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements A-14

Table A–2: State Temperature Standards

State Class Designated Use

Max.

Temp.

(°F)

Above

Ambient

(°F)

Avg.

Temp.

(°F) Months Where Applicable Year Notes

3 lakes and impoundments

4

Fall, Winter,

SW Spring

1.5 Summer

Class 3A Coldwater aquatic life 68 3.57

Utah

Class 3B, 3C Warmwater and all other aquatic life 80.6 7.14

2009

Coldwater Fish Habitat 1

60 1

lakes, ponds, and reservoirs not including Riverine compounds; more

deviation allowed with lower temperature; up to maximum of 3F at

<50F.

Vermont

Warm Water Fish Habitat

66 1

all other waters; more deviation allowed with lower temperature; up

to maximum of 5F at <55F.

2008

Class III FW - Nontidal Waters Coastal and

Piedmont Zones 89.6 5.36

Class IV FW - Mountainous Zones Waters 87.8 5.36

Class V FW - Stockable Trout Waters 69.8 5.36

Class VI FW - Natural Trout Waters 68 1.79

Virginia

Class VII FW - Swamp Waters 89.6 5.36

2007

60.8 0.54 freshwater

Class AA

Water Supply, Stock Watering, Fish and

Shellfish (including salmonid, other

fish, and crustacean spawning and

rearing), Wildlife Habitat, and

Recreation

55.4 0.54 marine water

64.4 0.54 freshwater

Class A

Water Supply, Stock Watering, Fish and

Shellfish (including salmonid, other

fish, and crustacean spawning and

rearing), Wildlife Habitat, and

Recreation

60.8 0.54 marine water

69.8 0.54 freshwater

Class B

Water Supply, Stock Watering, Fish and

Shellfish (including salmonid, other

fish, and crustacean spawning and

rearing), Wildlife Habitat, and

Recreation

66.2 0.54 marine water

Class C Water Supply, Salmonid and Other Fish

Migration, Recreation 71.6 0.54 freshwater or marine water

Washington

Lake Class

Water Supply, Stock Watering, Fish and

Shellfish (including salmonid, other

fish, and crustacean spawning and

rearing), Wildlife Habitat, and

Recreation

0 no measurable change from natural conditions

87 5 May - Nov

73 5 Dec - April

all water bodies except those listed below

87 3 May - Nov

73 3 Dec - April

lakes, reservoirs

90 5 Kanawha River Main Stem

Class B1, B4 Warmwater Fishery Streams and

Wetlands

50 - 89 45 - 84 varies

monthly Ohio River Main Stem

81 5 May - Nov

73 5 Dec - April

Bluestone River, Bluestone Lake, East River, New River, Gayley

River, and Greenbrier River

55 0 50 Oct - April

62 0 58 Sept - May

West Virginia

Class B2 Trout Waters

66 0 66 June - Aug

coldwater spawning areas

1997

89 5 streams

Warmwater Fish Habitat

Wisconsin FW 89 3 lakes

Coldwater Fish Habitat 0 based more on minimum DO concentrations

1998

Class 1,2 Coldwater Game Fisheries 78 2

Wyoming

Class 3 Warmwater Game Fisheries 90 4

2002

Note: Changes in ambient temperature due to discharge shall not impair uses designated by class definition.

aApplies to assumed designated waterbody uses.

b Open waters are defined as waters extending seaward from the most seaward 18-foot depth contour line which is offshore from any island.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-1

Appendix B – Excerpted material from draft Regional PQR Summaries.

The excerpts below are taken from Tetra Tech’s PQR summaries for each permit.

Region 2

New York:

316(a): The Danskammer permit discusses the facility’s thermal discharge limits, but not a 316(a) thermal

variance. The Astoria permit’s 316(a) variance (established in its demonstration study) has been

continued in this permit. Astoria’s interim permit limits establish a mixing zone and require the facility to

conduct a thermal discharge study; the final permit limits for discharge temperature are more stringent

than the interim limits. The International Paper permit notes that the thermal limit is based on a 1974

settlement agreement, but does not discuss a thermal variance. The permit for Bethlehem Steel (ISG

Lackawanna) has a temperature limit based on water quality standards and does not address section

316(a).

316(b): The Danskammer permit contains an extensive 316(b) discussion: impacts from the use of cooling

water intake structure, requires analyses of technologies to reduce those impacts, a definition of best

technology available (BTA), and a discussion of the “wholly disproportionate” cost test. The Astoria

permit and fact sheet also discuss impingement and entrainment impacts, current technologies in use,

additional technologies and operational measures to reduce impingement and entrainment, requirements

for future technology feasibility analyses, and a discussion of the “wholly disproportionate” cost test.

Astoria’s interim permit requirements include a number of studies, some of which are very similar to (or

cite) elements of the now-remanded Phase II rule; the final permit requirements include the operation of

specific intake technologies to reduce impingement and entrainment impacts. The International Paper

permit does not discuss requirements for its cooling water intake structure, nor is it clear that the facility

uses cooling water. The permit for Bethlehem Steel does not address section 316(b).

New Jersey:

316(a): Permits for the Hudson Generating Station and the Mercer Generating Station both contain 316(a)

variances which were evaluated within the past 5 years; fact sheets for both facilities included excellent

documentation of the bases for the variances. The Valero Refining permit contains a temperature

limitation based on state regulations and a thermal water quality study submitted in 1995 – no mention of

section 316(a) is included. The permit for the Fibermark paper mill facility contains temperature limits

based on state WQS and regulations, and no mention of section 316(a) is provided.

316(b: The permits for the power plants (Hudson and Mercer) both have section 316(b) provisions which

are thoroughly described in the fact sheet documentation. The permit for the Hudson Generating Station

requires installation of coarse mesh traveling screens with spray wash and fish return. The permit for the

Mercer Generating Station requires the selection of one of two options: 1) design and construct one of the

following – modify existing screens for continuous operation, install new coarse mesh ristroph screens, or

install new fine mesh Ristroph screens, or 2) conduct additional studies as part of the comprehensive

demonstration study (CDS) and use restoration measures in addition to technologies. The fact sheets for

both facilities clearly explain the consideration of multiple alternative technologies and the basis for the

section 316(b) requirements. Permits are based on BPJ, but reference the Phase II rule.

Permits for the manufacturing facilities (Fibermark paper mill and Valero Refining) do not include

section 316(b) requirements nor mention 316(b) in the permit documentation.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-2

Region 3

Delaware:

316(a): For the Edge Moor facility (DE0000558), a renewal of the 316(a) variance was requested by the

permittee and granted in the permit. The second Delaware facility (Indian River, DE0050580) grants an

interim variance based on an expanded mixing zone study, called a “designated heat dissipation area” that

covers 300 acres or most of Island Creek, the receiving stream. The study requests follow-up studies to

ensure that the variance is not causing appreciable harm to the waterbody.

316(b): Both Delaware facility permits (Indian River and Edge Moor) required a variety of 316(b)

information collection requirements. However, neither permit contained a determination of best

technology available (BTA) or 316(b) permit conditions. DNREC is in the process of making a 316(b)

BTA determination for the Indian River draft permit. The draft permit went to a Public Hearing and

DNREC is waiting for the hearing officer’s recommendation, through a Secretary’s Order, that will

provide the Surface Water Discharges Section directions as to requiring cooling towers or screening

structure with reduced flow, as a result of closing of two of the units at the Indian River facility.

District of Columbia:

316(a): One District of Columbia facility (Benning, DC0000094) employs closed cycle cooling and

operates infrequently. The permit did not include limits for temperature. The other facility (Potomac,

DC0022004) does not seem to have a variance, and temperature limits are WQBEL-based.

316(b): The Benning facility did not discuss 316(b) permit conditions. The Potomac facility requires

316(b) studies, but does not contain a determination of BTA.

Maryland:

316(a): The permits for both Maryland facilities (Smith, MD0000582 and Calvert Cliffs, MD0002399)

renew thermal limits from the prior permit. Neither discusses how the limits were derived or if a variance

was requested, but both permits require the facility to conduct a thermal discharge study during this

permit term.

316(b): The Calvert Cliffs facility is required to adhere to the schedule for submitting materials under the

Phase II rule. However, there was no mention of permit conditions based on best professional judgment

(BPJ) for the current permit cycle. The permit for the Smith facility recently expired and contains no

reference to the Phase II rule; it only requires the reporting of unusual impingement events.

Pennsylvania:

316(a): Two Pennsylvania facilities (Mid Merit, PA0088781 and Robinson, PA0252808) are new

facilities and will employ closed-cycle cooling. Given the expected low volume of thermal discharge

flows, WQBEL-based limits apply in these permits. Another facility (Brunner Island, PA0008281) is

being required to install helper cooling towers to reduce the thermal impacts. One facility (New Castle,

PA0005061) retains the thermal limits from the prior permit, but does not discuss how the limits were

derived or if a variance was requested.

316(b): Two Pennsylvania facilities are new facilities. The Mid Merit facility is required to adhere to the

Phase I rule and the Robinson facility will not withdraw from surface waters, making it exempt from the

Phase I rule. The other two permits, Brunner Island and New Castle, contain language requiring the

facilities to meet the schedule for submitting documents under the Phase II rule. However, neither Phase

II permit discussed interim BPJ-based measures to minimize adverse environmental impacts.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-3

Virginia:

316(a): Two Virginia facilities (North Anna, VA0052451 and Bremo, VA0004138) retained thermal

limits from prior permits. Both permits require annual monitoring data that is reviewed at each permit

renewal. An attachment to North Anna’s permit discussed the derivation of the heat load, but Bremo’s

permit did not discuss how its limits were derived. The other two facilities (Bear Garden, VA0090891

and Fluvanna, VA0090905) employ closed cycle cooling. Both facilities have temperature limits, but it is

not clear if the facilities are required to obtain a 316(a) variance.

316(b): The North Anna permit requires the facility submit data similar to the materials required in the

now-withdrawn Phase II rule. There was no discussion of interim BPJ-based measures to minimize

adverse environmental impacts. The Bremo facility is required to submit materials as described in the

Phase II rule and also does not contain any discussion of interim BPJ-based measures to minimize

adverse environmental impacts. Bear Garden and Fluvanna appear to be new facilities whose permits do

not discuss conditions for a cooling water intake; it is not clear if either facility withdraws from surface

waters.

West Virginia:

316(a): One West Virginia permit (Kanawha, WV0001066) renewed the thermal limits from the previous

permit, but did not discuss how the limits were derived or if a variance was requested. The other permit

(Albright, WV0004723) renews the previous variance but also requires that the facility install a closedcycle recirculating cooling system within this permit term.

316(b): The Kanawha facility is required to submit materials as described in the Phase II rule. The

Albright facility is granted a renewal of a 316(b) variance until a closed-cycle cooling system is installed.

Region 4

Alabama:

316(a): The permit for Barry continues a previous variance based on a previous 316(a) demonstration

study and requires a supplemental thermal discharge study. In addition, there is a helpful reminder that the

permittee must reapply for a 316(a) variance each permit term. The permit for International Paper does

not have temperature limits. The permit for Browns Ferry continues a previous variance based on a

previous 316(a) demonstration study and requires additional monitoring.

316(b): The permit for Barry requires the facility to submit information to supplement a previously

proposed demonstration document. The permit for International Paper does not discuss section 316(b)

requirements. The permit for Browns Ferry requires the submittal of materials as specified in the nowsuspended 2004 Phase II rule.

Florida:

316(a): The permit for Crystal River and Big Bend continue a previous variance based on previous 316(a)

demonstration studies, and the fact sheet indicates that it was reviewed this permit term. Georgia Pacific

does not currently discharge heat, so there are no temperature limits in the permit.

316(b): The permits for Crystal River and Big Bend require submittal of a PIC and CDS during the

permit term; Crystal River’s permit also states that seasonal flow reductions and operation of a fish

hatchery constitutes BTA, while Big Bend’s fine mesh screens are BTA for entrainment. The permit for

Georgia Pacific does not discuss section 316(b) requirements.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-4

Georgia:

316(a): The permit for Tronox does not have temperature limits and therefore does not have any section

316(a) requirements. The permit for McDonough does not contain any 316(a) conditions, perhaps in part

because the facility is converting to closed-cycle cooling. The permit for Branch continues a previous

variance based on previous 316(a) demonstration studies and requires helper tower operations to prevent

lethal thermal conditions.

316(b): The permits for Tronox and Branch do not discuss section 316(b) requirements. The permit for

McDonough does not contain any 316(b) permit conditions as required, but they are converting to closedcycle cooling.

Kentucky:

316(a): The permit for Ashland Petroleum contains temperature discharge limits and does not discuss

section 316(a) requirements. The permit for Green River requires only temperature monitoring based on

previous 316(a) demonstration studies, and the most recent study is from 1983. The permit for Paradise

appears to have temperature limits and temperature monitoring requirements based on a previous 316(a)

demonstration study. The Thoroughbred permit does not require a 316(a) thermal variance.

316(b): The permits for Ashland Petroleum, Green River and Paradise do not discuss section 316(b)

requirements. The Thoroughbred permit is a Phase I New Facility and properly documents compliance

with the Phase I Rule and includes relevant 316(b) permit conditions.

Mississippi:

316(a): The permit for Watson contains temperature limits and does not discuss section 316(a)

requirements or the derivation of the limits, even though it states it is based on a variance. The permit for

Georgia Pacific does not include temperature limits.

316(b): The permits for Watson and Georgia Pacific do not discuss section 316(b) requirements.

North Carolina:

Two facilities in North Carolina were reviewed: International Paper (NC0003298) and Cliffside

(NC0005088). Cliffside operates a closed-cycle cooling system.

316(a): The permit for International Paper does not include temperature limits. The permit for Cliffside

contains temperature discharge limits that appear to be based on a section 316(a) thermal variance, but

does not address this in the fact sheet or permit.

316(b): The permit for International Paper does not discuss section 316(b) requirements. The permit for

Cliffside states that the facility has closed cycle cooling towers that represent and the permit has 316(b)

permit conditions requiring that they properly operate and maintain their cooling towers.

South Carolina:

316(a): The permit for Williams continues a previous variance based on a previous 316(a) demonstration

study and requires additional analyses. The permit for DAK Americas does not include temperature

limits. The permit for Rainey describes the mixing zone they are using to meet water quality standards, so

they do not require a 316(a) thermal variance.

316(b): The permit for Williams does not contain any 316(b) provisions; it states that the Department will

await national 316(b) regulations and reopen the permit as necessary at that time. The permit for DAK

Americas does not discuss section 316(b) requirements. The fact sheet for Rainey states that the facility
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-5

employs BTA for 316(b) due to its cooling towers, but there are no related 316(b) conditions in the

permit.

Tennessee:

316(a): The permit for Dupont does not contain temperature limits. The permits for Johnsonville and

Kingston continue a previous variance based on a previous 316(a) demonstration study and subsequent

supplemental analyses.

316(b): The permit for Dupont does not discuss section 316(b) requirements. The permits for

Johnsonville and Kingston cite a previous 316(b) demonstration study, but include no 316(b) permit

conditions; Johnsonville is required to submit a CDS as specified in the now-suspended 2004 Phase II

rule.

Region 5

Illinois:

316(a): No 316(a) requirements were included in the permits for The Midwest Generation Will County

Generating Station. The permit includes temperature limits and discusses a mixing zone but does not

indicate whether the limits are based on a 316(a) variance. The Archer Daniels Midland permit contains

temperature limitations based on state mixing zone requirements, so there is no 316(a) thermal variance in

this permit. For Ameren Energy Newton, a 316(a) thermal variance was approved based on 316(a)

demonstration for Unit 1 in 1984 and Unit 2 in 1990. For this facility, temperature limits must be met at

the edge of a 26 acre mixing zone. There is no mention of a current review of the variance at the Ameren

Energy Newton facility.

316(b): Two of the permits, Midwest Generation Will County Generating Station and Ameren Energy

Newton incorporate the Phase II rule by reference and require the submittal of a Comprehensive

Demonstration Study (CDS) by January 2008, but do not contain a determination of Best Technology

Available (based on BPJ or otherwise). Both permits were issued prior to suspension of the Phase II rule.

The fact sheet for Ameren Energy Newton mentions a 316(b) demonstration which was approved in 1981,

but no discussion is provided. Archer Daniels Midland is a grain alcohol distillery and discharges an

average of over 50 MGD of noncontact cooling water. No mention of section 316(b) is provided in the

permit or fact sheet.

Indiana:

316(a): Permits for all three facilities include 316(a) thermal variances. The permit for BP Whiting

requires temperature monitoring and limits the total heat rejection. The facility conducted a 316(a)

demonstration study in 1975 and received approval for its configuration and operations. The permit

renews the variance, but also requires the facility to submit a proposal for conducting a new thermal study

during the next permit term. The permit for Michigan City requires operation of a cooling tower for Unit

12 as part of the 316(a) variance requirements. The variance has been evaluated in the past five years. For

PSE Energy Gallagher, a 316(a) variance was renewed based on a 1978 316(a) demonstration. The permit

requires a new variance request to be submitted with the next permit term. The temperature requirement is

for monitoring/reporting only.

316(b): All three permits address 316(b). BP Whiting conducted a 316(b) demonstration study in 1975

and received approval for its configuration and operations. The permit states that no further action will be

taken until new national regulations are established. Whiting is a Phase III facility and is thus subject to

BTA based on BPJ. The permit for Michigan City was issued prior to the Phase II suspension and cites
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-6

Phase II application submittal requirements. The permit references a 1976 316(b) demonstration but does

not provide details. Unit 12 has a cooling tower; units 2 and 3 are once-through, but are not currently in

use. The permit for PSI Energy Gallagher includes Phase II application requirements and references a

316(b) demonstration approved in April 1980. No details are provided regarding the 316(b)

demonstration.

Michigan:

316(a): It is not clear from the permit materials whether Detroit Edison Monroe requested a 316(a)

variance or if a 316(a) demonstration study was submitted. A thermal study and a thermal plume

verification study are required and a mixing zone is used for the temperature limitations, which includes

language consistent with a 316(a) thermal variance. The permit for Donald C. Cook contains no

temperature effluent limitations (the state is considering including a temperature limitation and may

modify the permit in the future); however there is a heat load limitation. There is no specific mention of

316(a) thermal variance in the permit for Neenah Paper-Munising.

316(b): Both permits for Detroit Edison Monroe and Donald C. Cook contain 316(b) requirements based

on Phase II application requirements. The fact sheet for Donald C. Cook references a 1977 316(b)

demonstration study which was approved in 1987. The Neenah Paper-Munising facility permit materials

indicate that the facility uses a cooling water structure, but 316(b) conditions are not discussed.

Minnesota:

316(a): The Black Dog Generating facility submitted a 316(a) demonstration study in May 2007, which

was reviewed and approved. The facility uses a cooling lake and two cooling ponds. The permit allows

for thermal limitations to be exceeded during periods of flood overflow and electrical emergencies. The

permits for Hibbard Energy and Taconite Harbor require temperature monitoring and contain temperature

limits, but do not denote whether the limits are based on a 316(a) thermal variance. All three permits state

that the facilities may be required to perform a 316(a) study if their discharge is shown to have an impact

on the propagation of a balanced indigenous population, which conflicts with the regulatory requirements

for receiving a 316(a) thermal variance.

316(b): All three facilities have submitted studies on the impacts of their cooling water intake structures.

However, only the Black Dog Generating Plant contains permit conditions instituting a determination of

Best Technology Available, requiring the facility to operate its intake structure in accordance with a

report submitted in 1978. The Taconite Harbor and Hibbard Energy facilities lack a determination of Best

Technology Available with relevant permit conditions. The permitting authority plans to make a

determination of Best Technology Available after further review of cooling water intake structure studies.

Ohio:

316(a): No 316(a) variances are included for Lake Shore or Ormet Aluminum. A 316(a) variance was

approved for Orion Power on August 22, 1986. There is no mention of a current review or additional

studies. The temperature limits apply from June 15 through September 15; during other parts of the year

the permit requires temperature monitoring only.

316(b): The permit for Lake Shore requires the permittee to submit the components of a Phase II

Comprehensive Demonstration Study by January 7, 2008. The permit does not discuss the current cooling

water intake structure configuration, technology, or requirements. Permits for Ormet Aluminum and

Orion Power indicate that they both use cooling water intake structures, but 316(b) conditions are not

discussed.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-7

Wisconsin:

316(a): None of the permits reviewed address 316(a). The permit and fact sheet for Port Washington state

that, based on previous court rulings and the lack of state regulations, there are no water quality standards

(WQS) for temperature; Wisconsin Department of Natural Resources states that it therefore does not have

the authority to issue a permit with thermal limits. A state rule addressing thermal discharges has been

proposed. Permits for Weston and Wausau-Mosinee Paper only require monitoring for temperature.

Pleasant Prairie Power Plant uses a closed-cycle recirculating system; no mention of 316(a) or

temperature limitations is included in the permit or fact sheet.

316(b): Two of the permits address 316(b). According to the fact sheet for Port Washington, the State

agreed with the conclusions reached in the permittee’s studies submittal under Phase II and would have

required construction of a porous dike to address impingement and restoration to address entrainment

losses. Following the Phase II court ruling and EPA’s withdrawal of the Phase II rule, the revised permit

continues to require construction of the porous dike, but does not contain entrainment requirements,

stating that the population-level impacts from entrainment losses are not significant. The State considers

the porous dike to be best technology available, recognizing that future EPA regulations may affect that

determination. For the Weston Plant, the permit and fact sheet establish a compliance schedule to collect

impingement and entrainment data and to submit a CDS. The fact sheet discusses how the fish

community has changed and how the current technology may be insufficient, but does not include any

further requirements (i.e., BPJ-based requirements). Section 316(b) is not addressed in the permit or fact

sheet for Wausau-Mosinee Paper Corporation or Pleasant Prairie Power Plant (Pleasant Prairie employs a

closed-cycle recirculating system) even though the permit materials indicate the facilities are using

cooling water intake structures

Region 6

Summary material was not available for this Region.

Region 7

Iowa:

316(a): The Burlington permit discusses a complex thermal management spreadsheet that governs facility

operations, but there was no discussion of a 316(a) thermal variance in the documentation provided. The

permit for Quad Cities did not address 316(a) issues.

316(b): The Burlington permit requires the facility to submit information on a schedule in accordance

with the Phase II rule, and contains a BPJ condition to maintain its current intake technologies in good

working in order in the current permit term The permit for Quad Cities contained ongoing impingement

monitoring requirements, but otherwise did not contain BPJ-based permit conditions for Cooling Water

Intake Structures (CWIS).

Missouri:

316(a): The James River facility discharges to a lake and has a set of tiered temperature limits. The

permit does not document a 316(a) thermal variance, and the basis for the thermal effluent limits is not

clear. Only a draft permit for Hawthorne was provided for review, and it was not clear if section 316(a)

thermal variance conditions had been developed for this facility.

316(b): Neither the James River nor the Hawthorne permits addressed CWIS requirements or Phase II

requirements in the documentation provided. EPA Region 7 objected to the draft permit for Hawthorne

and requested that 316(b) conditions be added.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-8

Kansas:

316(a): Wolf Creek is located on a lake (where recirculation of cooling water may affect implementation

of thermal limits), but the permit does not contain any documentation of a section 316(a) thermal

variance.

316(b): The permits for Wolf Creek require the facility to submit information on a schedule in accordance

with the Phase II rule, but do not discuss any BPJ-based permit conditions.

Nebraska:

316(a): The permit for Fort Calhoun documented a revised thermal model that was used to increase the

maximum discharge temperature, but it was not clear if a 316(a) variance was granted and whether the

thermal effluent limits were based on this information. The permit for Gerald Gentleman referred to a

section 316(a) variance and discussed a 1994 316(a) demonstration that led to the development of a

variance from WQS. However, it was not clear if the justification for the variance had been reviewed in

the past 5 years.

316(b): The Fort Calhoun and Gerald Gentleman permits require the facility to submit information on a

schedule in accordance with the Phase II rule, but do not discuss any BPJ-based permit conditions.

Region 9

Arizona:

316(a): The Arizona facility (West Phoenix, AZ0023159) employs cooling towers and has minimal

discharge. There were no permit limits for temperature.

316(b): The Arizona permit did not discuss 316(b) conditions and the permit does not state whether the

facility uses surface water for cooling.

California:

316(a): Both California permits (South Bay, CA0001368 and Potrero, CA0005657) require additional

studies and analysis to be performed during the permit cycle to justify current thermal limitations. Only

South Bay has a 316(a) variance, which is being reevaluated with new studies during the permit term.

316(b): The permits for the California facilities required adherence to the schedule for submitting

materials and selection of a compliance alternative under the Phase II rule. However, there was no

mention of current permit conditions based on best professional judgment (BPJ) for the current permit

cycle.

Guam:

316(a): The Guam facilities (Cabras, GU0020001 and Tanguisson, GU0000027) requested renewals of

thermal mixing zones. The mixing zones were clearly delineated in the permits, but the documentation

supporting the variance was not discussed or provided for review. 316(b): The Guam permits did not

include Phase II requirements or discuss BPJ-based permit conditions.

316(b): The permits did require a 316(b) demonstration study, however, to document the effects of the

CWISs and to support a determination as to whether the best technology available (BTA) is being

employed at these facilities. The format and content of the studies were similar to the elements of the

Phase II Comprehensive Demonstration Study.
Abt Associates Inc., 5/5/2010 NPDES Permits and 316(a/b) Permit Requirements B-9

Hawaii:

316(a): For both Hawaii facilities (Kahe, HI0000019 and Waiau, HI0000604), renewals of thermal

mixing zones were requested by the permittees and granted in the permits. The mixing zones were clearly

delineated. Thermal monitoring at the edge of the mixing zone had been required in previous permits and

was continued in the current permits. In addition, studies on the effects of the thermal discharges were

required; however, no further documentation supporting the variances was discussed or provided for

review.

316(b): The permits for the Hawaii facilities required adherence to the schedule for submitting materials

and selection of a compliance alternative under the Phase II rule. However, there was no mention of

permit conditions based on best professional judgment (BPJ) for the current permit cycle.

Region 10

Summary material was not available for this Region.