California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 22 - State Policy for Water Quality Control › Section 2922 - Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On May
				4, 2010, the State Water Resources Control Board (State Water Board) adopted a
				statewide policy (Policy) on the use of Coastal and estuarine waters for power
				plant cooling under Resolution No. 2010-0020. The Policy establishes uniform,
				technology-based standards to implement federal Clean Water Act section
				316(b), which
				requires that the location, design, construction, and capacity of cooling water
				intake structures reflect the best technology available for minimizing adverse
				environmental impact.
The Policy applies to 19 existing power plants, including two
				  nuclear plants. An owner or operator of an existing power plant must reduce the
				  intake flow rate at each unit, at a minimum, to a level commensurate with that
				  which can be attained by a closed-cycle wet cooling system (a minimum 93%
				  reduction compared to the design intake flow rate). Additionally, the
				  through-screen intake velocity must not exceed 0.5 foot per second.
If the owner or operator can demonstrate that this is not
				  feasible, the owner or operator may comply by reducing environmental impacts
				  for the facility comparably through other means, using operational or
				  structural controls, or both. Previous technology-based improvements,
				  specifically designed to reduce impacts or resulting from the replacement of
				  steam turbine power-generating units with combined-cycle power-generating
				  units, may be counted towards meeting the alternate requirements. Monitoring
				  requirements are dependent upon the type of control technology chosen for
				  compliance.
No later than one year after the effective date of this
				  Policy, all facilities must install large organism exclusion devices and cease
				  intake flows if not engaging in power-generating activities or critical system
				  maintenance. The owner or operator must further mitigate any interim impacts
				  from five years after the effective date until final compliance is
				  achieved.
The Policy employs an adaptive management strategy that will
				  be implemented through National Pollutant Discharge Elimination System permits.
				  The State Water Board will convene a Statewide Advisory Committee on Cooling
				  Water Intake Structures (SACCWIS) with representatives from relevant state
				  agencies and the California Independent System Operator to review plans and
				  schedules submitted by dischargers and to ensure that the implementation
				  schedule is realistic and will not jeopardize the reliability of the electric
				  system. SACCWIS will present its recommendations to the State Water Board at
				  least annually, and the State Water Board will amend the Policy as appropriate
				  based on these recommendations. The schedule may also be temporarily suspended,
				  if necessary for grid reliability purposes.
The Policy requires special studies for the nuclear-fueled
				  power plants to address their unique issues and to evaluate appropriate
				  requirements for those plants. The special studies shall be conducted by an
				  independent third party overseen by a Review Committee. Within three years
				  after the Policy's effective date, the Review Committee shall report to the
				  State Water Board on the ability of these plants to achieve compliance, the
				  cost of compliance, and potential environmental impacts of compliance.
(b) Based on review of the Policy
				on the Use of Coastal and Estuarine Waters for Power Plant Cooling (Policy),
				the State Water Board adopted an amendment to this Policy under State Water
				Board Resolution No. 2011-0033 on July 19, 2011 that revised the Policy by
				adding a new Section
				2.C.(4) and amending existing
				Section 3.E. (Table 1. Implementation
				Schedule).
New Section
				  2.C.(4) of the Policy imposes
				  special requirements for specified fossil-fueled power plants that request a
				  compliance plan that extends beyond December 31, 2022 that are approved by the
				  State Water Board. The owners or operators of these facilities must:
* Commit to eliminate seawater use for cooling water purposes
				  for all units at the facility;
* Conduct a study or studies, singularly or jointly with
				  other facilities, to evaluate new technologies or improve existing technologies
				  to reduce impingement and entrainment;
* Submit the results of the study and a proposal to minimize
				  entrainment and impingement to the Chief Deputy Director of the State Water
				  Board no later than December 31, 2015;
* Upon approval of the proposal by the Chief Deputy Director,
				  complete implementation of the proposal no later than December 31, 2020.
Section
				  3.E. of the Policy was amended by
				  changing compliance deadlines for the Los Angeles Department of Water and
				  Power's three affected power plants: the Harbor, Haynes and Scattergood
				  Generating Stations. The compliance date for Harbor Generating Station Unit 5
				  was extended from December 31, 2015 to December 31, 2029. Compliance dates for
				  Scattergood Generating Station was changed from December 31, 2020 for all units
				  to December 31, 2024 for Units 1 and 2, and to December 31, 2015 for Unit 3.
				  Compliance dates for Haynes Generating Station was changed from December 31,
				  2019 for all units to December 31, 2013 for Units 5 and 6 and to December 31,
				  2029 for Units 1, 2, and 8.
(c) On June 18, 2013, the State Water Board
				amended the Water Quality Control Policy on the Use of Coastal and Estuarine
				Waters for Power Plant Cooling under Resolution No. 2013-0018.
Resolution No. 2013-0018 amended the Policy to reassign the
				  responsibility for National Pollutant Discharge Elimination System (NPDES)
				  Permit issuance for existing power plants to the Regional Water Boards. Section
				  1.N and subsequent sections of the
				  Policy are modified so that NPDES actions to issue, modify, reissue, revoke,
				  and terminate are assigned to the Regional Water Boards.
Section
				  4. Track 2 Monitoring Provisions
				  are amended so that the Regional Water Boards take responsibility for reviewing
				  and approving the Impingement and Entrainment Impact studies.
(d) On April 7, 2015, the State Water Board
				amended the Water Quality Control Policy on the Use of Coastal and Estuarine
				Waters for Power Plant Cooling under Resolution No. 2015-0018.
Resolution No. 2015-0018 amended the Policy to extend the
				  compliance date for Moss Landing Power Plant from December 31, 2017 to December
				  31, 2020.
(e) On August 15,
				2017, the State Water Board amended the Water Quality Control Policy on the Use
				of Coastal and Estuarine Waters for Power Plant Cooling under Resolution No.
				2017-0047.
Resolution No. 2017-0047 amended the Policy to extend the
				  compliance date for Encina Power Station Units 2-5 from December 31, 2017 to
				  December 31, 2018.
(f) On
				September 1, 2020, the State Water Board amended the Water Quality Control
				Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling
				(Once-Through Cooling or OTC Policy) under Resolution No. 2020-0029.
Resolution No. 2020-0029 amended the OTC Policy to extend the
				  compliance dates for Alamitos Generating Station Units 3, 4, and 5 to December
				  31, 2023; Huntington Beach Generating Station Unit 2 to December 31, 2023;
				  Ormond Beach Generating Station Units 1 and 2 to December 31, 2023; and Redondo
				  Beach Generation Station Units 5, 6, and 8 to December 31, 2021, to address
				  statewide grid reliability concerns that are projected to start summer 2021.
				  Additionally, the Resolution amended the compliance dates for Diablo Canyon
				  Nuclear Power Plant Units 1 and 2 to conform with the Nuclear Regulatory
				  Commission license expiration date for each unit: November 2, 2024, for Unit 1
				  and August 26, 2025, for Unit 2. The Resolution additionally amended Section
				  3.B(5) of the OTC Policy to
				  clarify the amendment process, Section
				  3.B(3) of the OTC Policy to change
				  Los Angeles Department of Water and Power's annual grid reliability report due
				  date from December 31 of each year to January 31 of each year, and
				  non-substantive changes to improve readability and
				  accessibility.
(g) On
				October 19, 2021, the State Water Board amended the Water Quality Control
				Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling
				(Once-Through Cooling or OTC Policy) under Resolution No. 2021-0048.
Resolution No. 2021-0048 amended the OTC Policy to extend the
				  compliance date for Redondo Beach Generating Station Units 5, 6, and 8 to
				  December 31, 2023, to address statewide grid reliability concerns.
(h) On August 15, 2023, the State
				Water Board amended the Water Quality Control Policy on the Use of Coastal and
				Estuarine Waters for Power Plant Cooling (Once-Through Cooling or OTC Policy)
				under Resolution No. 2023-0025.
Resolution No. 2023-0025 amended the OTC Policy to extend the
				  compliance dates for Alamitos Generating Station Units 3, 4, and 5; Huntington
				  Beach Generating Station Unit 2; and Ormond Beach Generating Station Units 1
				  and 2 by three years, from December 31, 2023, to December 31, 2026, to address
				  statewide grid reliability concerns. The resolution also amended the OTC Policy
				  to extend the compliance date for Scattergood Generating Station Units 1 and 2
				  by five years, from December 31, 2024, to December 31, 2029, to address local
				  grid reliability concerns. Finally, the resolution made administrative changes
				  to the implementation provisions and schedule in the OTC Policy. The first of
				  these changes revised the compliance dates for Diablo Canyon Nuclear Power
				  Plant Units 1 and 2 to October 31, 2030, to ensure the OTC Policy is consistent
				  with the compliance date that was already extended by Senate Bill 846 (Stats.
				  2022, ch. 239). Additionally, the amendment included revisions to specify that
				  the Statewide Advisory Committee on Cooling Water Intake Structures, which
				  advises the State Water Board on OTC Policy implementation, will report to the
				  State Water Board on the status of OTC Policy implementation at least through
				  2026.
1. New section
				  filed 9-27-2010 summarizing State Water Resources Control Board Resolution No.
				  2010-0020, adopted 5-4-2010; approved by OAL on 9-27-2010 pursuant to
				  Government Code section
				  11353;
				  operative 9-27-2010 (Register 2010, No. 40).
2. Amendment filed
				  3-12-2012 designating first paragraph as subsection (a) and adopting subsection
				  (b) summarizing State Water Resources Control Board Resolution No. 2011-0033,
				  adopted 7-19-2011; approved by OAL on 3-12-2012 pursuant to Government Code
				  section
				  11353;
				  operative 3-12-2012 (Register 2012, No. 11).
3. Amendment filed
				  2-27-2014 adding new subsection (c) summarizing State Water Resources Control
				  Board Resolution No. 2013-0018, adopted 6-18-2013; approved by OAL pursuant to
				  Government Code section
				  11353 on
				  2-27-2014; operative 2-27-2014 (Register 2014, No. 9).
4. Amendment
				  filed 7-18-2016 adding new subsection (d) summarizing State Water Resources
				  Control Board Resolution No. 2015-0018 adopted on 4-7-2015; amendments approved
				  by OAL pursuant to Government Code section
				  11353 on
				  7-18-2016; operative 7-18-2016 (Register 2016, No. 30).
5. Amendment
				  filed 11-20-2017 adding new subsection (e) summarizing State Water Resources
				  Control Board Resolution No. 2017-0047 adopted on 8-15-2017; amendments
				  approved by OAL pursuant to Government Code section
				  11353 on
				  11-20-2017; operative 11-20-2017 (Register 2017, No. 47).
6.
				  Amendment filed 11-30-2020 adding new subsection (f) summarizing State Water
				  Resources Control Board Resolution No. 2020-0029 adopted on 9-1-2020; amendment
				  approved by OAL pursuant to Government Code section
				  11353 on
				  11-30-2020; operative 11-30-2020 (Register 2020, No. 49).
7. New
				  subsection (g) summarizing amendments to Policy on the Use of Coastal and
				  Estuarine Waters for Power Plant Closing filed 12-23-2021; amendments approved
				  by State Water Resources Control Board Resolution No. 2021-0048 on 10-19-2021;
				  amendments approved by OAL pursuant to Government Code section
				  11353 on
				  12-23-2021 (Register 2021, No. 52).