Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.03 - Water Quality Impact Assessment for Thermal Discharges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. This
				  regulation specifies procedures for compliance with Maryland water quality
				  standards for thermal discharges and describes the factors, criteria, and
				  standards for the establishment of alternate thermal effluent limitations under
				  the Federal Act, § 316(a), in permits issued under the Environment Article,
				  Title 9, Subtitle 3, Annotated Code of Maryland, and this chapter.
B. Definition. For purposes of this
				  regulation only, "significant" means having a statistically measurable effect
				  beyond the mixing zone.
C. Control
				  of Thermal Discharges.
(1) The mixing zone
				  for thermal discharges shall be 50 feet radially from the point of
				  discharge.
(2) The Department may
				  establish a mixing zone of different size or shape on a case-by-case
				  basis.
(3) Thermal discharges shall
				  be controlled so that the:
(a) Temperature
				  outside the applicable mixing zone meets the applicable water quality criteria
				  specified in COMAR
				  26.08.02.03-3; or
(b) Discharges comply with the thermal mixing
				  zone criteria in §D of this regulation.
(4) Request for Alternate Thermal Effluent
				  Limitations.
(a) Dischargers who are unable to
				  meet the requirements of either §C(3)(a) or (b) of this regulation may request
				  alternate thermal effluent limitations as provided in §E of this
				  regulation.
(b) A new request for
				  alternate thermal effluent limitations shall be made within 180 days of
				  notification by the Department that the discharger's thermal discharge cannot
				  assure protection of a balanced indigenous community of shellfish, fish, and
				  wildlife in and on the body of water into which the discharge is made. This
				  request shall include a completed demonstration or a study plan for a
				  demonstration to show compliance with §E of this regulation.
(c) A request for renewal of alternate
				  thermal effluent limitations shall be made at the same time that the
				  application for the renewal of the existing State discharge permit is made.
				  This request for the renewal of existing alternate thermal effluent limitations
				  shall include a summary of the basis for granting the alternate thermal
				  effluent limitations and subsequent data, if any, to show that the thermal
				  discharge effluent limitations are more stringent than necessary to protect a
				  balanced indigenous community of shellfish, fish, and wildlife in and on the
				  body of water into which the discharge is made. In addition, the application
				  shall provide any other pertinent information which the Department requests
				  within 60 days after receipt of the permit application.
(5) Alternate effluent limitations are
				  approved only for the term of a specific State discharge permit. When renewing
				  that State discharge permit, the discharger shall be prepared to demonstrate
				  that continuation of the alternate effluent limitations is
				  appropriate.