## 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

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### PROPOSED RULES

ENVIRONMENTAL PROTECTION
AGENCY 40CFRParts401, 402

### ] COOLING WATER INTAKE STRUCTURES

Proposal Regarding MinimizingAdverse Environmental Impact 

### Notice is hereby given of proposal of the regulations setforth 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) oftheActrequires that "any standard established pursuant to section 301 or section 306ofthisAct and applicable to a point source shallrequire that the location, design, construction, and capacity of cooling water intake structures reflect the best technology availableforminimizing adverseenvironmentalimpact."TheEnvironmental Protection Agency (EPA) willbe publishing
a series ofregulations establishing effluent limitations guidelines for existing
sources and standards of performance fornew sources pursuantto sections 301, 304(b), and 306 ofthe Act. These regu- lations will be set forth under Parts 401 et seq.ofTitle40CFR.

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 -GeneralProvisionsset forthinPart401werepdblished inproposed form on August 22, 1973 (38 FR 22606, 22608). Theregulations below amend Part 401 asproposed to add section316(b) tothe catalogue ofapplicable 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 Intakestructures foranypointsourcefor whichastandard isestablishedpursuant to section 301 or 306 shall reflect the best technology available for minimizing adverse environmental impactin accordance with the provisions of40 CFR Part 402.

New Part 402 asproposed is intended to provide a framework for the case-bycase determination ofthebesttechnology availableforminimizingadverse environ-, mental impact resulting from the location, design, construction and operation of cooling water intake structures. The provisions ofPart 402 do 34ot set forth mandatory design and operational requirements since the factors to be considered would lead tohighly site-specific determinations of the best technology availabje forminimizingadverse environmentalimpact,However, whenconsidering cooling water intake requirements in connection with application for NPDES permits pursuant to section 402 ofthe 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 tobeconsidered, andthe data re- quired, in order to arrive at an environmentallysound 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 allindustrial 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 gallonsper 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 fromlargerubber, wood, food, stone,clay and glass products manufactures are typically about one-hundredth the flow of powerplants. Cooling water intake flows fortextile mills andleather manu- facturers are typically about one-thousandth theflow ofpowerplants. 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- nismsby external interactionwiththeintake 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 withthe industrial cooling system, the configuration and opera- tional characteristics of the intake and plant cooling system, the thermal characteristics ofthe cooling system, and the chemicals added to the cooling system for biological control.

- (a) Applicabletechn6logy. The range oftechnologies corresponding tothe con- trol of the number and types of organisms whichiiiteract 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 ofcooling water.Thetechnology forcontrolling the number and types of orga- nismswhich 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 andre- 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 affectthe amountof 'organism damage due to the pumping, temperature changes, andpossible chemical additives employed with the tower.

A document entitled "Development Document forProposed Best Technology Available for Minimizing Adverse Environmental Impact ofCoolingWater 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 haveplaced themselves on amailing 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.

TheAgencyexpectsthesame measures necessary tominimize 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 volumeofcoolingwater, thetotal costwhich will result from applying the best technology available for cooling waterintake
structures will clearly begreatest in that industry. Although the Agencypossesses

some data withrespect to the cost ofthe application of the cooling water intake requirements to other industries, the Agency recognizes that theDevelopment 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 andeconomic impact ofthe 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 andimpacts ofremedial measures. Commentswhichprovidesuch 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 ofwh6ther, and how, a distinction should be drawn between large and small volume-cooling water intake
structures.

(c) Summary ofpublicparticipation. 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 consultedwith respect to the effluent limitations guidelines and standards ofperformance for the steam electric power industry). A draft of the development document containing the cooling water intake structures information wassent to allparticipants and comments were solicited on thatreport.

_ (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) AmericanPublic 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 DefenseFund, Inc.; (11) Natural Resources Defense Council, Inc.; (12) Business and Professional People for the Public Interest; (13) The American Society of CivilEngineers; (14) Water Pol

### lution ControlFederation; (15) National Wildlife Federation; (16) National As- -soclaton of Electric Companies; (17) -National Rural Electric Cooperative Association; (18) New England Interstate 

### Water Pollution Control Commi-son; (19) OhioRiver Valley Sanitation Commission; (20) Government of Guam; (21) Trust Territory of the Pacific Islands; (22) PuertoRico; (23) Delaware River Basin Commission; (24) U.S. Department of Commerce; (25) U.S. Department oftheInterior; (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; LosAngeles Department of Water and Power; Bechtel Power Corporation; New York Power Pool; U.S. Department of Agriculture; GulfPower Company; Mississippi Power Company; ConsolidatedEdisonCompany of New York, Inc.; Georgia Power Company; American Public Power Association; National Advisory Committee on Oceans andAtmosphere; 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 andLight 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 ofTexas
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 thefactors that mustbe considered. Section 402.12 below is intended 

### tofulfill thisneed.

2.Some commenters suggested thatthe -evaluation of existing intake structures -beconcernedwiththeir environmentally related performance rather than their location, configuration, and operation. While environmentally related performance would provide a measure ofthe effect desired, It mustbe relatedto control technology In order to be assured that adverse environmental impacts are minimized In anyparticular case.

3. Some commenters feel thatlocation is by far the most important aspect of Intaketechnologyrelatedtoenvironmental Impact. Furthermore, they feel that

no large intake structure should be located in an estuarine water body. This wouldmean thatallpowerplants onestuarieswould berequired toemploy 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 

### otherthanon acase-by-case basis.

4.Some commenters feelthatthebialo.cal data gathered to support consideration offactors relatedtocoolingwater Intake structpres should be obtained by the Environmental Protection Agency or under contract with independent research organizations. The qualifications ofthe 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. PhilipB. Wisman. Comments on all aspects oftheproposed regulations are solicited. In the event comments are in the nature of criticisms as to the adequacy of data which is available, orwhich may berelied upon by the Agency, comments should identify and, if pesoble, provide any additional data whichmay be available and should indicate why such data is essential to the development of the regulations. In the
event comments address the approach 

### takenby 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 andhow this alternative better satisfies the detailed requirements of sections 301, 304(b), 306 and 307 of theAct.

A copy of all public comments will be available for Inspection and copying at the EPAInformation Center, Room 227, West Tower, Waterside Mall, 401 Al Street, SW., Washington, D.C. A copy of preliminary draft contractor reports, the DevelopmentDocument, and certain sup

### p11EM t materIals supporllng the study oftheindustry concerned will also be maintained at thislocation forpublic review and copying. The EPA informationregulation, 40 CFR Part 2, provides 

### that areasonable feemaybechargedfor copying.

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

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All comments received on or before January 14, 1974will beconsidered. Steps previously taken by the Environmental Protection Agency tofacilitate 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, ActingAdministrator.
Part 401 is proposed tobe amended as follows:
PART 401-GENERAL PROVISIONS.
Sec. 401.14 Cooling water intakestructures. § 401.12 Law authorizing effluent limitations guidelines, standards of performanceandpretreatmentstandards fornew 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 apointsource shall re- quire that the location, design, construction, andcapacityof coolingwater intake
structures reflect the best technology available for minimizing adverse environmentalimpact.

§ 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 mini

### PROPOSED RULES

mizing adverse environmental impact,in accordance with the provisions of Part 402ofthischapter.

PART 402-BEST TECHNOLOGY AVAILABLE FOR MINIMIZING ADVERSE ENVIRONMENTAL IMPACT OF COOLING WATER INTAKE STRUCTURES
Part402is proposedtoread as follows: Sec. 402.10 Applicability. 402.11 Specialized definitions. 402.12 Best technology available for cooling waterintake 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 section306 oftheAct. §402.11 Specialized definitions.

Forthe purpose ofthispart: (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 ofthispartwhenever theintended

use of a major fraction of the water so directed isto absorb waste heat rejected from the process or processes employed

or from auxiliary operations on the premises, includingair conditioning. (b) The term "existing cooling water intake structure" shall mean any cooling
water intake structure, the construction of whichwas commenced before thedate of publication of these proposed regulations. (c) The term "new cooling water Intake structure" shall mean any cooling water intake structure, the construction ofwhichhasbeen commenced on orafter the date of publication ofthese 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 waterintakestructures. (a) The applicable factors set forth in theDevelopment Document shall becon- sidered to determine that the best available technology for minimizing the ad-

verseenvironmental impactIsreflected in

an existing cooling water intake structure of a point source subject to standards established under sections 301 and 304(b) ofthe act.

(b) The factors set forth Inthe DevelopmentDocument shallbe usedto 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 underthe provisionsof sections 301 and 304(b) of theAct reflect the best technology available for minimizing the adverse environmental Impact.

[FRDoc.73-20421 Filed 12-12-73:845 ami

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