THURSDAY, DECEMBER 13, 1973

WASHINGTON, D.C.

Volume 38 2 Number 239

PART i1

ENVIRONMENTAL

PROTECTION

AGENCY

COOLING WATER

INTAKE STRUCTURES

Proposal Regarding Minimizing Adverse

Environmental Impact

No. 239- P n-1

HeinOnline -- 38 Fed. Reg. 34409 1973
PROPOSED RULES

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 401, 402 ]

COOLING WATER INTAKE STRUCTURES

Proposal Regarding Minimizing Adverse

Environmental Impact

Notice is hereby given of proposal of

the regulations set forth below concerning determinations required to insure

that the location, design, construction, and capacity of cooling water intake

structures reflect the best technology available for minimizing adverse environmental impact. The regulations are

intended to implement section 316(b) of the Federal Water Pollution Control

Act, as amended (33 U.S.C. 1251, 1326; Pub. L. 92-500; 86 Stat. 816 et seq.) (the

Act). Section 316(b) of the Act requires that "any standard established pursuant to

section 301 or section 306 of this Act and

applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake

structures reflect the best technology available for minimizing adverse environmental impact." The Environmental Protection Agency (EPA) will be publishing

a series of regulations establishing effluent limitations guidelines for existing

sources and standards of performance for new sources pursuant to sections 301, 304(b), and 306 of the Act. These regu- lations will be set forth under Parts 401

et seq. of Title 40 CFR.

The regulations set forth below in

tentative form provide.for an amendment to 40 CFR Part 401 (General Provisions concerning effluent limitations

guidelines and standards of perform- ance) and the establishment of a new

Part 402, 40 CFR. The -General Provisions set forth in Part 401 were pdblished in proposed form on August 22, 1973 (38

FR 22606, 22608). The regulations below

amend Part 401 as proposed to add section 316(b) to the catalogue of applicable legal authorities set forth under 40 CFR

401.12. In addition, new § 401.14 below

provides that the location, design, construction, and capacity of cooling water

Intake structures for any point source for

which a standard is established pursuant to section 301 or 306 shall reflect the

best technology available for minimizing adverse environmental impact in accordance with the provisions of 40 CFR Part

402.

New Part 402 asproposed is intended

to provide a framework for the case-bycase determination of the best technology available for minimizing adverse environ-, mental impact resulting from the location, design, construction and operation

of cooling water intake structures. The

provisions of Part 402 do 34ot set forth

mandatory design and operational requirements since the factors to be considered would lead to highly site-specific determinations of the best technology availabje for minimizing adverse environmental impact, However, when considering cooling water intake requirements in connection with application for

NPDES permits pursuant to section 402

of the Act, the factors set forth in Part

402 must be examined in order to establish requirements for minimizing ad- verse environmental impact. The regu- lations of Part 402 are therefore intended to serve as an outline of the

factors to be considered, and the data re- quired, in order to arrive at an environmentally sound decision concerning cooling Water intake structure, location,

design, construction, and operation.

The Part 402 regulations were developed in the course of studies undertaken

'in support of effluent limitations guidelines and standards of performance for

the steam electric power generating industry. Water withdrawal for cooling by

all industrial point sources now amounts

to approximately 70 trillion gallons per

year. Steam electric powerplants withdraw approximately 80 percent of this,

or 60 trillion gallons per year, which is

roughly 15 percent of the total flow of

waters in U.S. rivers and streams. The

intake flow for a typical steam electric

powerplant is 40 billion gallons per year.

The intake flow for typical petroleum

refineries, primary metals manufacturing plants, chemical manufacturing

plants, and pulp and paper mills are about one-tenth the intake flow of typi- cal steam electric powerplants. Flows

from large rubber, wood, food, stone, clay

and glass products manufactures are typically about one-hundredth the flow

of powerplants. Cooling water intake

flows for textile mills and leather manu- facturers are typically about one-thousandth the flow of powerplants. However,

the maximum coolihg water volumes for

specific establishments will be dependent on factors such as products, processes

employed, size of plant, degree of recirculation employed in the cooling water

system, etc.

Adverse environmental impacts that

could occur from cooling water, intakes

relate to the net damage or destruction

of benthos, plankton and necton orga- nisms by external interaction with the intake structure and by Internal interaction with the industrial cooling system.

Important aspects of the intake which

relate to adverse environmental impacts are the intake volume, the number and

types of organisms which interact ex- ternally with the intake or which interact internally with the industrial cooling

system, the configuration and opera- tional characteristics of the intake and

plant cooling system, the thermal characteristics of the cooling system, and the

chemicals added to the cooling system

for biological control.

- (a) Applicable techn6logy. The range

of technologies corresponding to the con- trol of the number and types of organisms which iiiteract externally with the

intake is comprised of two factors-the

choice of the location of the intake relative to the location of the organisms, and the full array of process modifications including the use of recirculating

cooling water systems employing offstream means to transfer process heat

directly to the atmosphere and to minimize or in some cases eliminate the use of cooling water. The technology for controlling the number and types of orga- nisms which interact internally with the

cooling system is compromised of one factor in addition to location and flow

volume controls as cited above for intake

interactions, I.e., the degree to which the

configuration and operation of the Intake meams prevents the entry of theto

organisms Into the cooling system. The

technology for preventing the entry of

these organisms while mininilzing damage due to external interactions with the

organisms Is diverse, including a multiplicity of physical and behavior barrlers

and covering various fish bypass and re- moval systems.

Devices which cause damage duo to

internal interactions with process cooling systems relate to the design and operation of these systems with repcct to

mechanical, thermal, and chemical characteristics. For example, the presence of

a cooling tower in a nonrccirculating

cooling systen could affect the amount of

'organism damage due to the pumping,

temperature changes, and possible chemical additives employed with the tower.

A document entitled "Development

Document for Proposed Best Technology

Available for Minimizing Adverse Environmental Impact of Cooling Water Intake Structures" further details the

analysis undertaken in support of the

regulations being proposed below. The

draft contractor's report on the steam

electric power Industry circulated for

comments in early July, 1973, contained

the cooling water intake structures technology considered In the EPA document

cited above.

A" copy of the "Development Document" Is available for inspection at the

EPA Information Center, Room 20.27,

West Tower, Waterside Mall, 4th & M

Street, SW., Washington, D.C., at all

EPA regional offices, and at State water

pollution offices. Copies of the document are being sent to persons or institutionts

affected by the proposed regulations, or who have placed themselves on a mailing list for this purpose (see EPA's Advance

Notice of Public Review Procedures, 30

FR 21202, August 6, 1973). In tliL,, regard, all persons who have requested the Development Documents for "Steam Electric Power Plants," "Iron and Steel

Manufactulring" or "Ferralloy Manufacturing" will also receive a copy of the

"Cooling Water Intake Structures" Dovelopment Document. An additional limited number of copies of the report are available. Persons wishing to obtain a copy may write the EPA Information Center, Environmental Protection

Agency, Washington, D.C. 20400, Attentlon: Mr. Philip B. Wlsmnn.

(b) Costs. The Development Document contains information concerning

the performance and costs of varlou,

technologies for minimizing environmental damage from cooling water intake structures for steam electric power

plants. The analysis indicates that in

general the costs associated with the

choice of intake location or application

of various intake devices to minimize

damage due to internal interactions will

FEDERAL REGISTER, VOL 38, NO. 239-THURSDAY, DECEMBER 13, 1973

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PROPOSED RULES

have a small economic impact on steam

electric power plants.

The Agency expectsthesame measures

necessary to minimize adverse environmental impacts from steam electric

power plant cooling water intakes will

be applicable to other. industries utilizing cooling water in their manufacturing processes. Since the steam electric

power industry utilizes the greatest volume of cooling water, the total cost which

will result from applying the best technology available for cooling water intake

structures will clearly be greatest in that

industry. Although the Agency possesses

some data with respect to the cost of the

application of the cooling water intake

requirements to other industries, the

Agency recognizes that the Development

Document for cooling water intakes was

:prepared with specific reference to -the

steam -electric power industry. Therefore, the Agency requests comments, and

if possible additional data, concerning

the cost and economic impact of the application of the measures listed in the

Development Document to industries

other than the steam electric power industry. These comments should be directed toward the costs and impacts of

biological studies required for assessing

environmental damages as well as the

costs and impacts of remedial measures. Comments which provide such additional

information as to costs should include a

detailed explanation of the methodology*

used to derive the cost estimates. Additional issues about which the Agency

seeks specific comments.are: The question of whether, and how, a distinction.

should be-drawn between existing and

new cooling water intake structures and

the-question of wh6ther, and how, a distinction should be drawn between large

and small volume- cooling water intake

structures.

(c) Summary of public participation.

Prior to this publication, the agencies

and groups listed below were consulted

with respect to the development of -the

regulations below. (Members of this

group were also consulted with respect to

the effluent limitations guidelines and

standards of performance for the steam

electric power industry). A draft of the

development document containing the

cooling water intake structures information was sent to all participants and comments were solicited on that report. _

(1) Effluent Standards and Water

Quality Information Advisory Committee (established under section 515 of the

Act); (2) all State Pollution Control

Agencies; (3) the Edison Electric Institute; (4) American Public Power Association; (5) Atomic Industrial Forum,

Inc.; (6) Tennessee Valley Public Power

Association; (7.) The American Society

of Mechanical Engineers; (8) Hudson

River Sloop Restoration, Inc.; (9) The

Conservation Foundation; (10) Environmental Defense Fund, Inc.; (11) Natural

Resources Defense Council, Inc.; (12)

Business and Professional People for the

Public Interest; (13) The American Society of Civil Engineers; (14) Water Pollution Control Federation; (15) National

Wildlife Federation; (16) National As-

-soclat on of Electric Companies; (17)

-National Rural Electric Cooperative Association; (18) New England Interstate

Water Pollution Control Commi-son;

(19) Ohio River Valley Sanitation Commission; (20) Government of Guam;

(21) Trust Territory of the Pacific

Islands; (22) Puerto Rico; (23) Delaware

River Basin Commission; (24) U.S. Department of Commerce; (25) U.S. Department of the Interior; (26) U.S. Water

Resources Council; (27) U.S. Department of Treasury; (28) U.S. Atomic

Energy Commission; (29) U.S. Department of Defense; (30) U.S. Department

of Agriculture; (31) Tennessee Valley Authority; and (32) U.S. Department of

Housing and Urban Development.

The following organizations responded

with comments relative to the cooling

water intake structures information: EZfluent Standards and Water Quality Information Advisory Committee (established under section 515 of the Act);

Honorable Mlike McCormack; U.S. Department of the Treasury; Atomic Industrial Forum, Inc.; Delaware River

Basin Commission; Edison Electric Institute; US. Atomic Energy Commission; .U.S. Water Resources Council; Southern

Electric Generating Company; Consum- ers Power Company; American Electric

Power Service. Corporation; Virginia

Electric and Power Company; Duke

Power Company; Commonwealth Edison; Southern Services, Inc.; Public

Service Electric and Gas Company; Tennessee Valley Authority; Los Angeles Department of Water and Power; Bechtel

Power Corporation; New York Power

Pool; U.S. Department of Agriculture;

Gulf Power Company; Mississippi Power

Company; Consolidated Edison Company

of New York, Inc.; Georgia Power Company; American Public Power Association; National Advisory Committee on Oceans and Atmosphere; Tennessee Valley Public Power Association; Detroit

Edison; Southwestern Electric Power

Company; City Public Service Board of

San Antonio; U.S. Department of Defense; U.S. Department of Commerce;

Florida Power and Light Company; Federal Power Commission; Natural Re- sources Defense Council, Inc.; Hudson

River Fishermen's Association; Tampa

Electric Company; State of Illinois Environmental Protection Agency; State of

Maryland Department of Natural Resources; State of Miclligan Department

of Natural Resources; State of Ohio Environmental Protection Agency; State of

North Carolina Department of Natural

and Economic Resources; State of Texas

Water Quality Board.

The *rimary Issues raised in the development of the proposed regulations

and the treatment of these issues herein

are as follows. Public comments on all

these suggestions are solicited.

1, 0omG commenters gested the

consideration of type and design of intakes on a case-by-case basis due to the

high degree of site specificity involved.

While this view Is warranted with respect to the outcome, a certain degree of

national uniformity can be prescribed

relative to the factors that must be considered. Section 402.12 below is intended

to fulfill this need.

2. Some commenters suggested that the

-evaluation of existing intake structures

-be concerned with their environmentally

related performance rather than their

location, configuration, and operation.

While environmentally related performance would provide a measure of the effect desired, It must be related to control

technology In order to be assured that

adverse environmental impacts are minimized In any particular case.

3. Some commenters feel that location

is by far the most important aspect of

Intake technology related to environmental Impact. Furthermore, they feel that

no large intake structure should be located in an estuarine water body. This

would mean that all powerplants on estuaries would be required to employ closedcycle cooling systems. While location is

no doubt the most Important factor involved, and estuarine sites in general

would have a hich potential for adverse

environmental impact, no data is available to support evaluations leading to

specific intake structure requirements

other than on a case-by-case basis.

4. Some commenters feel that the bialo.cal data gathered to support consideration of factors related to cooling water

Intake structpres should be obtained by

the Environmental Protection Agency or

under contract with independent research organizations. The qualifications

of the nvestigator and the data obtained

should stand on the merits of each case.

Interested per.ons may participate in

this rulemaking by submitting written

comments in triplicate to the EPA Information Center, Environmental Protection Agency, Washington, D.C. 20460,

Attention: Mr. Philip B. Wisman. Comments on all aspects of the proposed regulations are solicited. In the event comments are in the nature of criticisms as

to the adequacy of data which is available, or which may be relied upon by the

Agency, comments should identify and,

if pesoble, provide any additional data

which may be available and should indicate why such data is essential to the

development of the regulations. In the

event comments address the approach

taken by the Agency in establishing an

effluent limitation guideline or standard

of performance, EPA solicits suggestions

as to what alternative approach should

be taken and why and how this alternative better satisfies the detailed requirements of sections 301, 304(b), 306 and

307 of the Act.

A copy of all public comments will be

available for Inspection and copying at

the EPA Information Center, Room 227,

West Tower, Waterside Mall, 401 Al

Street, SW., Washington, D.C. A copy of

preliminary draft contractor reports, the

Development Document, and certain supp11EM t materIals supporllng the

study of the industry concerned will also

be maintained at this location for public

review and copying. The EPA information regulation, 40 CFR Part 2, provides

that a reasonable fee may be charged for

copying.

FEDERAL REGISTER, VOL 38, NO. -239--THURSDAY, DECEMBER 13, 1973

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All comments received on or before

January 14, 1974 will be considered. Steps previously taken by the Environmental

Protection Agency to facilitate public response within this time period are outlined in the advance notice concerning

public review procedures published on August 6, 1973 (38 F.R. 21202).

Dated: December 7, 1973.

JoHN QUARLES,

Acting Administrator.

Part 401 is proposed to be amended as

follows:

PART 401-GENERAL PROVISIONS.

Sec.

401.14 Cooling water intake structures.

§ 401.12 Law authorizing effluent limitations guidelines, standards of performance and pretreatment standards

for new sources.

(i) Section 316(b) of the Act provides

that any standard established pursuant

to section 301 or section 306 of the Act

and applicable to a point source shall re- quire that the location, design, construction, and capacity of cooling water intake

structures reflect the best technology

available for minimizing adverse environmental impact.

§ 401.14 Cooling water intake structures.

The location, design, construction and

capacity of cooling water intake structures of any point source for which a

standard is established pursuant to section 301 or 306 of the Act shall reflect

the best technology available for miniPROPOSED RULES

mizing adverse environmental impact, in

accordance with the provisions of Part

402 of this chapter.

PART 402-BEST TECHNOLOGY AVAILABLE FOR MINIMIZING ADVERSE ENVIRONMENTAL IMPACT OF COOLING

WATER INTAKE STRUCTURES

Part 402 is proposed to read as follows:

Sec.

402.10 Applicability. 402.11 Specialized definitions.

402.12 Best technology available for cooling

water intake structures.

§ 402.10 Applicability.

The provisions of this part are applicable to cooling water intake structures

for point sources for which effluent limitations guidelines are established pursuant to section 301 or standards of performance are established pursuant to

section 306 of the Act.

§ 402.11 Specialized definitions.

For the purpose of this part:

(a) The term "cooling water intake

structure" shall mean the total structure

used to direct water from a water body

into the point source subject to the provisions of this part whenever the intended

use of a major fraction of the water so

directed is to absorb waste heat rejected

from the process or processes employed

or from auxiliary operations on the

premises, including air conditioning.

(b) The term "existing cooling water

intake structure" shall mean any cooling

water intake structure, the construction

of which was commenced before the date

of publication of these proposed regulations.

(c) The term "new cooling water Intake structure" shall mean any cooling

water intake structure, the construction

of which has been commenced on or after

the date of publication of these proposed

regulations.

(d) The term "Development Document" shall mean the document entitled

"Development Document for Proposed

Best Technology Available for Minimizing Adverse Environmental Impact of

Cooling Water Intake Structures", and

published by the U.S. Environmental

Protection Agency.

§ 402.12 Best technology available for

cooling water intake structures.

(a) The applicable factors set forth in

the Development Document shall be con- sidered to determine that the best available technology for minimizing the ad- verse environmental impact Is reflected in an existing cooling water intake structure of a point source subject to standards established under sections 301 and

304(b) of the act.

(b) The factors set forth In the Development Document shall be used to determine that the location, design, construction and capacity of a cooling water Intake structure of a point source subject

to standards established under the provisions of section 306 and that the location, design, construction amd capacity of a new cooling water intake structure of a point source subject to the standards es- tablished under the provisions of sections

301 and 304(b) of the Act reflect the best

technology available for minimizing the

adverse environmental Impact.

[FR Doc.73-20421 Filed 12-12-73:845 ami

FEDERAL REGISTER, VOL 38, NO. 239-THURSDAY, DECEMBER 13, 1973

HeinOnline -- 38 Fed. Reg. 34412 1973