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

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# 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 Associate s obtained :  Current NPDES permit;  Current NPDES factsheet;

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#  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 detail s 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 :

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#  3 16(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);

 3 16(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 Re sources:

 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 f acilities represent a variety of different industrie s 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) Pe rmit 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.

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# 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 tend s to follow these general types, but with variations between States. Information on S tates’ 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 the se sub

-classes:

 Maximum temperature

– the identified maximum temperature ( o

# F) for a waterbody not to exceed due to permitted discharge ;

 Maximum deviation from ambient

– the maximum change in temperature ( o

# F) change from natural (ambient conditions);

 Average weekly temperature

– the maximum average weekly temperature ( o

# F) 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 b ased 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 type s 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

.

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# 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

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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

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# 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

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# 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 P rovisions The various methods used to address relevant Section 316(s) provisions in permit limitations for thermal discharges are compared in ( Table 3) . Of the 10 3 permits reviewed, approximately half (5 3 %) had effluent temperature limitations, split between those with some form of an EPA

-approved 316(a) variance ( 3 3 % ) 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 Region 1 

# 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

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# For the 47 % of the facilities with no temperature limits in their permit; approximately 27% had temperature monitoring and reporting requirements. The remaining 2 0 % of the facilities had no permit

based 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 num ber 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 3 4 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 : Statu s 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 facilitie s 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 eff luent 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 Efflue nt 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 te mperature 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.

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# Table 6 : Number of Permits with Various Types of Te mperature 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

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# 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 range s 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 (10 o

# F) , the amount of allowable deviation was equal or less than 5 .4 o

# F (= 3 o

# C). 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 discharge s 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

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# Table 7 : Range of Rev iewed 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 C arolina 95 95 S outh C arolina 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

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# 4 Section 316(b) Permit P rovisions 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 1 9 % 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) Req uirements 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 (5 0%) 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 technolo gy 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.

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# 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 condition s pertaining to how generation and manufacturing facilities dealt with potential Sections 316(a) and 316(b) permit provision s . 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, 5 3 % had effluent temperature limitations either based on EPA

-approved 316(a) variance (3 3 % of all facilities) or state

-approved models or mixing zone studies (20%). The remaining facilities either had no temperature limits (2 0 %) 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.epa

otis.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/

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# 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

.

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# 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) Provisions addressed 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 with historic 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 with current 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 with current 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 II Requirements CDS and PIC submittal requirements.

AR0049255 Wrightsville

Generating Stati on aka Harry Oswald Generating Station AR 6 G Electricity Generation 22111 8/31/11 Yes None Given (Cooling Tower in place) Facility has closed cycle cooling system in place, temperature requirements removed from permit. Facility has not operated since 20 04. 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 (Cooling Tower 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 (Cooling Tower in place) None Given (Cooling Tower in place) DC0000094 Benning

Generating Station DC 3 G Electricity Generation 22111 11/17/05 Yes None Given (Cooling Tower in place) Not Specified Not specified
DC0022004 Potomac

Generating Station DC 3 G Electricity Generation 22111 Variance Study Approved CDS, not initi ated TBD based on results of CDS
DE0000558 Conective Edge

Moor DE 3 G Electricity Generation 22111 Temp. guidance or monitoring only None CDS on
- going TBD based on results of CDS Fishery & invertebrate resources FL0000159 Progress Energ y

Florida

– Crystal River Plant FL 4 G Electricity Generation 22111 5/8/10 Variance Study Approved with current 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 with current re
- evaluation Approved permit conditions based on historic evaluation CDS and Phase II Requirements for next pe rmit
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 22 111 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) Provisions addressed 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 or monito ring only None Not Specified

GA0001431 Plant

McDonough GA 4 G Electricity Generation 22111 12/31/08 Temp. guidance or monitoring 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 with current 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 on results 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 on results of CDS Fishery & invertebrate resources HI000019 Kahe Generating

Station HI 9 G Electricity Generation 22111 11/30/09 Variance Study Approved with current re
- ev aluation CDS, not initiated TBD based on results 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 on results of CDS F ishery & 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/No Monitoring None Not Specified Not specified Sa lmonid 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 con ditions 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 with historic evaluation Application of State Temp. limits / mixing zone, based on site
specific Temperature Monitoring Curve. Variance Study conducted in 1981 Approved permit conditions based on historic evaluation Monitoring only Initial study done in 1 981. 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 1/3 1/12 Variance Study Approved with historic 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 b een 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 P ermit 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 Electri city 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 Fis hery & invertebrate resources and wildlife

IN0000116 Michigan City

Generating Station IN 5 G Electricity Generation 22111 3/31/11 Variance Study Approved with current 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) Provisions addressed 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 Generat ing Station IN 5 G Electricity Generation 22111 4/30/10 Temp. guidance or monitoring 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 or monitoring only Not completed CDS, not initiated TBD based on results 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 G eneration 22111 10/31/04 Temp. guidance or monitoring only None T monitoring and reporting requirements only. Intake flow <25% of the river during April
June 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 previou s variance application and approval. (permit pg 35) Not Specified Fishery & invertebrate resources

LA0003093 Entergy

Louisiana, LLC
Ninemile Point Generating Station LA 6 G Electricity Generation 22111 NA Application of State Temp. limits / mixi ng zone, but no 316(a) req. None Temp. limits established in 1978 Approved permit conditions with current re
- evaluation (w/i 5yrs) R equirements for a CDS
- like plan for data collection and data submittal. Facility is to submit a proposed plan for data coll ection 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 c urrent 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/No Monitoring CDS on
- going TBD based on results 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) Provisions addressed by: 316(b) Requirements Cooling Tower Considered as BTA 316(b) Notes Local Areas/Receptors of Concern Specific species of

concern

MI0001848 Detroit E dison

Monroe Power Plant MI 5 G Electricity Generation 22111 10/1/09 Variance Study Approved with historic evaluation Date of historic evaluation unclear CDS, not initiated TBD based on results of CDS CDS and full remanded Phase II requirements include d Fishery & invertebrate resources
MI0005827 Donald C. Cook

Nuclear Power Plant MI 5 G Electricity Generation 22111 10/1/08 Variance Study Approved with historic 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 or monitoring only None Not Specified Not speci fied Fishery & invertebrate resources
MN0000876 Black Dog

Generating Plant MN 5 G Electricity Generation 22111 2/28/13 Variance Study approved with current 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 or monitoring 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 & inv ertebrate resources

MO0001961 James River

Power Station MO 7 G Electricity Generation 22111 1/12/10 Temp. guidance or monitoring 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 Tower installation Warmwater fishery & invertebrate resources MS0002925 Mississippi

Power Company, Plant Jack Watson MS 4 G Electricity Generation 22111 4/30/08 Variance Study Approved with historic 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 or monitoring only None Not Specified

NC0003298 International

Paper Company, Inc. Riegelwood Facility NC 4 M Paper 322110 11/30/11 Temp. guidance or monitori ng only None Not specified

NC0005088 Duke Energy

Company

– Cliffside Steam Station NC 4 G Electricity Generation 22111 7/31/10 Yes Variance Study Approved with current 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 with historic evaluation Historic evaluation completed in 1994 CDS, not initiated TBD based on results 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 or monitoring 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) Provisions addressed 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 with current 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, gi zzard 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 with current re
- evaluation CDS, not initiated TBD based on results of CDS Considered, not deter mined 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 disch a rges 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/No Monitoring Not Sp ecified

NM0030384 Public Service

Company of NM

– Person Electric Generating Station NM 6 G Electricity Generation 22111 7/31/09 No Temp limits/No Monitoring Not Specified

NV0022956 Chalk Bluff

Water Treatment Facility NV 9 Wate r 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 Lackawann a

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) Provisions addressed 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 zon e, but no 316(a) req. None Not Specified

NY0005118 Astoria

Generating Station NY 2 G Electricity Generation 22111 2/29/12 Variance Study approved with current re
- evaluation Approved permit conditions with current re
- evaluation (w/i 5yrs) N ew 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 or monitoring on ly None CDS, not initiated CDS and Phase II Requirements Fishery & invertebrate resources OH00011533 Reliant Energy

Niles Power Plant OH 5 G Electricity Generation 22111 1/21/12 Temp. guidance or monitoring 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 specif ied
OK0000108 Tulsa Power

Station OK 6 G Electricity Generation 22111 8/31/09 Yes None Given (Cooling Tower 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 or monitoring only CDS on
- going CDS and Phase II Re quirements 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 with historic evaluation CDS, not initiated TBD based on results of CDS
PA0008281 Brunner Island

Steam Electric Station PA 3 G Electricity Generation 22111 9/30/11 Variance Study Approved with current re
- evaluation Approved on condition that "helper" cooling towers are installed CDS, not initiated TBD based on resul ts of CDS Not specified Fishery resources

PA0088781 Conectiv Mid

Merit PA 3 G Electricity Generation 22111 5/31/12 Temp. guidance or monitoring only None New Facility (subject to 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 or monitoring only None New Facility (subject to Phase I) Cooling Tower installation Phase I Facility

SC0003883 Williams Station S C 4 G Electricity Generation 22111 5/31/14 Variance Study Approved with current 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 th e 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 l imits/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 th ermal discharge limits. None Given (Cooling Tower in place) Not specified Determined to be BTA
TN0002259 Dupont

– Old

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

TN0005444 TVA

–

Johnsonville Fossil Plant TN 4 G Electricity Generation 22111 2/27/08 Variance Study Approved with current 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) Provisions addressed 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 with current re
- evaluation Approved permit conditions based on historic evaluation Not specified

TX000054 0 Knox Lee Power

Plant TX 6 G Electricity Generation 22111 12/1/10 Temp. guidance or monitoring 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 or monitoring 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 with historic evaluation CDS on
- going

VA0052451 North Anna

Power Station VA 3 G Electricity Generation 22111 7/4/05 Variance Study Approved with current 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 Gene ration 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 App lication of State Temp. limits / mixing zone, but no 316(a) req. None None Given (Cooling Tower in place) Monitoring Only invertebrate resources

WA0000078 Longview Fibre

Paper and Packaging, Inc. WA 10 M Paper 322130 10/1/12 Temp. guidance or mo nitoring 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 Te mp. 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 2211 1 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 make
up water provided by municipal water comp. Fishery & inv ertebrate resources

WI0000922 Port Washington

Generation Station WI 5 G Electricity Generation 22111 12/31/12 Temp. guidance or monitoring 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 or monitoring only None CDS, not initiated CDS and Phase II Requirements Fishe ry & invertebrate resources WI0003671 Wausau
Mosinee 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 or monitoring 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 with historic evaluation Not specified Cooling Tower installation Determined to be BTA Fishery & invertebrate resources WV0001066 Kanawha River

Plant WV 3 G Electricity Generation 22111 11/16/06 Variance Study Approved with historic evaluation CDS, not initiated TBD based on results 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 site

specific 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 effluent

dependent 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 Usea 5 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 Ri ver, 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 California

Nevada 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 catfi sh

62 2 Lost River Cold Intrastate 5 Warm Intrastate 5 site

specific limits existing di scharges Coastal Waters, 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

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# 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 Waters b 97 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 60 5.36 Dec

- March main river General Use 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 stream s 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 varies monthly 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

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# 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 0.5F greater 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

- S ept 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 and ponds Class B 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

Clas s 1B, 2A, 3A or 3B, 4A and 4B, and 5 Cold water sport fish, drinking water and associated use 0 all cold waterbodies 86 5 streams Class 1B or 1C, 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 limits for stream s General Use 45

- 89 varies monthly Mississippi River zones A,B, and C at no time shall the river exceed these maximum limits by more than 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

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# 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 67 waters with ambient temperature 66 F

- 66.5 F Processing; Recreation; Growth and 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 S upport 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 conti guous 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 89.6 5.04 lower piedmont and coastal plain waters FW 68 0.9 trout waters 89.6 1.44 June

- Aug North Carolina SW General Use
89.6 3.96 Sept

- May 2007

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# 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 waterbodi es (warmwater fisheries), trout stocking waterbodies 40

- 87 2 varies monthly 2006
83 4 all water bodies except tho se 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 83 1.6 June

- Sept Rhode Island 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

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# 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, Spring SW 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 Fi sh Habitat 89 3 lakes Wisconsin FW 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.

a Applies to assumed designated waterbody uses. b Open waters are defined as waters extending seaward from the most seaward 18

- foot depth contour line wh ich is offshore from any island.

# Abt Associates Inc., 5/5/2010 NPDES P ermits 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 varianc e. 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 f or 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 P ermits 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 acre s 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 3 16(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 c onditions. 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 impin gement 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 P ermits 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 require s that the facility install a closed

cycle 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 now

suspended 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 durin g 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.

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# 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 closed

cycle 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. S outh 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 P ermits 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) co nditions 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 specifi ed 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 S tation

. The permit includes temperature limits and discusses a mixing zone but doe s not indicate whether the limits are based on a 316(a) variance. The Archer Daniels Midland permit contain s 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 c onfiguration 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

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# 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 3 16(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.

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# 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 di d 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.

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# 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 s chedule 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 c lear 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.

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# 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.