Final Text
9VAC25-31-100. Application for a permit.
A. Duty to apply. Any person who discharges or proposes to discharge pollutants or who owns or operates a sludge-only facility whose sewage sludge use or disposal practice is regulated by 9VAC25-31-420 through 9VAC25-31-720 and who does not have an effective permit, except persons covered by general permits, excluded from the requirement for a permit by this chapter, or a user of a privately owned treatment works unless the board requires otherwise, shall submit a complete application to the department in accordance with this section. All concentrated animal feeding operations have a duty to seek coverage under a VPDES permit.
B. Who applies. When a facility or activity is owned by one person but is operated by another person, it is the operator''s duty to obtain a permit.
C. Time to apply.
1. Any person proposing a new discharge, shall submit an application at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the board. Facilities proposing a new discharge of storm water associated with industrial activity shall submit an application 180 days before that facility commences industrial activity which may result in a discharge of storm water associated with that industrial activity. Different submittal dates may be required under the terms of applicable general permits. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 90 or 180 day requirements to avoid delay. New discharges composed entirely of storm water, other than those dischargers identified in 9VAC25-31-120 A 1, shall apply for and obtain a permit according to the application requirements in 9VAC25-31-120 B.
2. All TWTDS whose sewage sludge use or disposal practices are regulated by 9VAC25-31-420 through 9VAC25-31-720 must submit permit applications according to the applicable schedule in subdivision 2 a or b of this subsection.
a. A TWTDS with a currently effective VPDES permit must submit a permit application at the time of its next VPDES permit renewal application. Such information must be submitted in accordance with subsection D of this section.
b. Any other TWTDS not addressed under subdivision 2 a of this subsection must submit the information listed in subdivisions 2 b (1) through (5) of this subsection to the department within one year after publication of a standard applicable to its sewage sludge use or disposal practice(s), using a form provided by the department. The board will determine when such TWTDS must submit a full permit application.
(1) The TWTDS''s name, mailing address, location, and status as federal, state, private, public or other entity;
(2) The applicant''s name, address, telephone number, and ownership status;
(3) A description of the sewage sludge use or disposal practices. Unless the sewage sludge meets the requirements of subdivision P 8 d of this section, the description must include the name and address of any facility where sewage sludge is sent for treatment or disposal and the location of any land application sites;
(4) Annual amount of sewage sludge generated, treated, used or disposed (estimated dry weight basis); and
(5) The most recent data the TWTDS may have on the quality of the sewage sludge.
c. Notwithstanding subdivision 2 a or b of this subsection, the board may require permit applications from any TWTDS at any time if the board determines that a permit is necessary to protect public health and the environment from any potential adverse effects that may occur from toxic pollutants in sewage sludge.
d. Any TWTDS that commences operations after promulgation of an applicable standard for sewage sludge use or disposal shall submit an application to the department at least 180 days prior to the date proposed for commencing operations.
D. Duty to reapply. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for applications to be submitted later than the expiration date of the existing permit.
E. Completeness.
1. The board shall not issue a permit before receiving a complete application for a permit except for VPDES general permits. An application for a permit is complete when the board receives an application form and any supplemental information which are completed to its satisfaction. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity.
2. No application for a VPDES permit to discharge sewage into or adjacent to state waters from a privately owned treatment works serving, or designed to serve, 50 or more residences shall be considered complete unless the applicant has provided the department with notification from the State Corporation Commission that the applicant is incorporated in the Commonwealth and is in compliance with all regulations and relevant orders of the State Corporation Commission.
3. No application for a new individual VPDES permit authorizing a new discharge of sewage, industrial wastes, or other wastes shall be considered complete unless it contains notification from the county, city, or town in which the discharge is to take place that the location and operation of the discharging facility are consistent with applicable ordinances adopted pursuant to Chapter 22 (§15.2-2200 et seq.) of Title 15.2 of the Code of Virginia. The county, city or town shall inform in writing the applicant and the board of the discharging facility''s compliance or noncompliance not more than 30 days from receipt by the chief administrative officer, or his agent, of a request from the applicant. Should the county, city or town fail to provide such written notification within 30 days, the requirement for such notification is waived. The provisions of this subsection shall not apply to any discharge for which a valid VPDES permit had been issued prior to March 10, 2000.
4. A permit application shall not be considered complete if the board has waived application requirements under subsection J or P of this section and the EPA has disapproved the waiver application. If a waiver request has been submitted to the EPA more than 210 days prior to permit expiration and the EPA has not disapproved the waiver application 181 days prior to permit expiration, the permit application lacking the information subject to the waiver application shall be considered complete.
F. Information requirements. All applicants for VPDES permits, other than POTWs and other TWTDS, shall provide the following information to the department, using the application form provided by the department (additional information required of applicants is set forth in subsections G through K of this section).
1. The activities conducted by the applicant which require it to obtain a VPDES permit;
2. Name, mailing address, and location of the facility for which the application is submitted;
3. Up to four SIC codes which best reflect the principal products or services provided by the facility;
4. The operator''s name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity;
5. Whether the facility is located on Indian lands;
6. A listing of all permits or construction approvals received or applied for under any of the following programs:
a. Hazardous Waste Management program under RCRA (42 USC §6921);
b. UIC program under SDWA (42 USC §300h);
c. VPDES program under the CWA and the law;
d. Prevention of Significant Deterioration (PSD) program under the Clean Air Act (42 USC §4701 et seq.);
e. Nonattainment program under the Clean Air Act (42 USC §4701 et seq.);
f. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act (42 USC §4701 et seq.);
g. Ocean dumping permits under the Marine Protection Research and Sanctuaries Act (33 USC §14 et seq.);
h. Dredge or fill permits under §404 of the CWA; and
i. Other relevant environmental permits, including state permits.
7. A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area; and
8. A brief description of the nature of the business.
G. Application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers. Existing manufacturing, commercial mining, and silvicultural dischargers applying for VPDES permits, except for those facilities subject to the requirements of 9VAC25-31-100 H, shall provide the following information to the department, using application forms provided by the department.
1. The latitude and longitude of each outfall to the nearest 15 seconds and the name of the receiving water.
2. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under subdivision 3 of this subsection. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.
3. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water run-off; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations, or production areas may be described in general terms (for example, dye-making reactor, distillation tower). For a privately owned treatment works, this information shall include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated.
4. If any of the discharges described in subdivision 3 of this subsection are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence (except for storm water run-off, spillage or leaks).
5. If an effluent guideline promulgated under §304 of the CWA applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant''s actual production reported in the units used in the applicable effluent guideline. The reported measure must reflect the actual production of the facility.
6. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates.
7. a. Information on the discharge of pollutants specified in this subdivision (except information on storm water discharges which is to be provided as specified in 9VAC25-31-120). When quantitative data for a pollutant are required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR Part 136 (2005). When no analytical method is approved the applicant may use any suitable method but must provide a description of the method. When an applicant has two or more outfalls with substantially identical effluents, the board may allow the applicant to test only one outfall and report that the quantitative data also apply to the substantially identical outfalls. The requirements in e and f of this subdivision that an applicant must provide quantitative data for certain pollutants known or believed to be present do not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus. For all other pollutants, 24-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours. In addition, for discharges other than storm water discharges, the board may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is infeasible and that the minimum of four grab samples will be a representative sample of the effluent being discharged.
b. For storm water discharges, all samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inch and at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm event. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed 50% from the average or median rainfall event in that area. For all applicants, a flow-weighted composite shall be taken for either the entire discharge or for the first three hours of the discharge. The flow-weighted composite sample for a storm water discharge may be taken with a continuous sampler or as a combination of a minimum of three sample aliquots taken in each hour of discharge for the entire discharge or for the first three hours of the discharge, with each aliquot being separated by a minimum period of 15 minutes (applicants submitting permit applications for storm water discharges under 9VAC25-31-120 C may collect flow-weighted composite samples using different protocols with respect to the time duration between the collection of sample aliquots, subject to the approval of the board). However, a minimum of one grab sample may be taken for storm water discharges from holding ponds or other impoundments with a retention period greater than 24 hours. For a flow-weighted composite sample, only one analysis of the composite of aliquots is required. For storm water discharge samples taken from discharges associated with industrial activities, quantitative data must be reported for the grab sample taken during the first 30 minutes (or as soon thereafter as practicable) of the discharge for all pollutants specified in 9VAC25-31-120 B 1. For all storm water permit applicants taking flow-weighted composites, quantitative data must be reported for all pollutants specified in 9VAC25-31-120 except pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus. The board may allow or establish appropriate site-specific sampling procedures or requirements, including sampling locations, the season in which the sampling takes place, the minimum duration between the previous measurable storm event and the storm event sampled, the minimum or maximum level of precipitation required for an appropriate storm event, the form of precipitation sampled (snow melt or rain fall), protocols for collecting samples under 40 CFR Part 136 (2005), and additional time for submitting data on a case-by-case basis. An applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant. (For example, any pesticide manufactured by a facility may be expected to be present in contaminated storm water run-off from the facility.)
c. Every applicant must report quantitative data for every outfall for the following pollutants:
Biochemical oxygen demand (BOD5)
Chemical oxygen demand
Total organic carbon
Total suspended solids
Ammonia (as N)
Temperature (both winter and summer)
pH
d. The board may waive the reporting requirements for individual point sources or for a particular industry category for one or more of the pollutants listed in subdivision 7 c of this subsection if the applicant has demonstrated that such a waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.
e. Each applicant with processes in one or more primary industry category (see 40 CFR Part 122 Appendix A (2005)) contributing to a discharge must report quantitative data for the following pollutants in each outfall containing process wastewater:
(1) The organic toxic pollutants in the fractions designated in Table I of 40 CFR Part 122 Appendix D (2005) for the applicant''s industrial category or categories unless the applicant qualifies as a small business under subdivision 8 of this subsection. Table II of 40 CFR Part 122 Appendix D (2005) lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromatography/mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant''s inclusion in that category for any other purposes; and
(2) The pollutants listed in Table III of 40 CFR Part 122 Appendix D (2005) (the toxic metals, cyanide, and total phenols).
f. (1) Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table IV of 40 CFR Part 122 Appendix D (2005) (certain conventional and nonconventional pollutants) is discharged from each outfall. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.
(2) Each applicant must indicate whether it knows or has reason to believe that any of the pollutants listed in Table II or Table III of 40 CFR Part 122 Appendix D (2005) (the toxic pollutants and total phenols) for which quantitative data are not otherwise required under subdivision 7 e of this subsection, is discharged from each outfall. For every pollutant expected to be discharged in concentrations of 10 ppb or greater the applicant must report quantitative data. For acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, where any of these four pollutants are expected to be discharged in concentrations of 100 ppb or greater the applicant must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying as a small business under subdivision 8 of this subsection is not required to analyze for pollutants listed in Table II of 40 CFR Part 122 Appendix D (2005) (the organic toxic pollutants).
g. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table V of 40 CFR Part 122 Appendix D (2005) (certain hazardous substances and asbestos) are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant.
h. Each applicant must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:
(1) Uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or
(2) Knows or has reason to believe that TCDD is or may be present in an effluent.
8. An applicant which qualifies as a small business under one of the following criteria is exempt from the requirements in subdivision 7 e (1) or 7 f (1) of this subsection to submit quantitative data for the pollutants listed in Table II of 40 CFR Part 122 Appendix D (2005) (the organic toxic pollutants):
a. For coal mines, a probable total annual production of less than 100,000 tons per year; or
b. For all other applicants, gross total annual sales averaging less than $100,000 per year (in second quarter 1980 dollars).
9. A listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or by-product. The board may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the board has adequate information to issue the permit.
10. Reserved.
11. An identification of any biological toxicity tests which the applicant knows or has reason to believe have been made within the last three years on any of the applicant''s discharges or on a receiving water in relation to a discharge.
12. If a contract laboratory or consulting firm performed any of the analyses required by subdivision 7 of this subsection, the identity of each laboratory or firm and the analyses performed.
13. In addition to the information reported on the application form, applicants shall provide to the board, at its request, such other information, including pertinent plans, specifications, maps and such other relevant information as may be required, in scope and details satisfactory to the board, as the board may reasonably require to assess the discharges of the facility and to determine whether to issue a VPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.
H. Application requirements for manufacturing, commercial, mining and silvicultural facilities which discharge only nonprocess wastewater. Except for storm water discharges, all manufacturing, commercial, mining and silvicultural dischargers applying for VPDES permits which discharge only nonprocess wastewater not regulated by an effluent limitations guideline or new source performance standard shall provide the following information to the department using application forms provided by the department:
1. Outfall number, latitude and longitude to the nearest 15 seconds, and the name of the receiving water;
2. Date of expected commencement of discharge;
3. An identification of the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, or noncontact cooling water. An identification of cooling water additives (if any) that are used or expected to be used upon commencement of operations, along with their composition if existing composition is available;
4. a. Quantitative data for the pollutants or parameters listed below, unless testing is waived by the board. The quantitative data may be data collected over the past 365 days, if they remain representative of current operations, and must include maximum daily value, average daily value, and number of measurements taken. The applicant must collect and analyze samples in accordance with 40 CFR Part 136 (2005). Grab samples must be used for pH, temperature, oil and grease, total residual chlorine, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. New dischargers must include estimates for the pollutants or parameters listed below instead of actual sampling data, along with the source of each estimate. All levels must be reported or estimated as concentration and as total mass, except for flow, pH, and temperature.
(1) Biochemical oxygen demand (BOD5).
(2) Total suspended solids (TSS).
(3) Fecal coliform (if believed present or if sanitary waste is or will be discharged).
(4) Total residual chlorine (if chlorine is used).
(5) Oil and grease.
(6) Chemical oxygen demand (COD) (if noncontact cooling water is or will be discharged).
(7) Total organic carbon (TOC) (if noncontact cooling water is or will be discharged).
(8) Ammonia (as N).
(9) Discharge flow.
(10) pH.
(11) Temperature (winter and summer).
b. The board may waive the testing and reporting requirements for any of the pollutants or flow listed in subdivision 4 a of this subsection if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of a permit can be obtained through less stringent requirements.
c. If the applicant is a new discharger, he must submit the information required in subdivision 4 a of this subsection by providing quantitative data in accordance with that section no later than two years after commencement of discharge. However, the applicant need not submit testing results which he has already performed and reported under the discharge monitoring requirements of his VPDES permit.
d. The requirements of subdivisions 4 a and 4 c of this subsection that an applicant must provide quantitative data or estimates of certain pollutants do not apply to pollutants present in a discharge solely as a result of their presence in intake water. However, an applicant must report such pollutants as present. Net credit may be provided for the presence of pollutants in intake water if the requirements of 9VAC25-31-230 G are met;
5. A description of the frequency of flow and duration of any seasonal or intermittent discharge (except for storm water run-off, leaks, or spills);
6. A brief description of any treatment system used or to be used;
7. Any additional information the applicant wishes to be considered, such as influent data for the purpose of obtaining net credits pursuant to 9VAC25-31-230 G;
8. Signature of certifying official under 9VAC25-31-110; and
9. Pertinent plans, specifications, maps and such other relevant information as may be required, in scope and details satisfactory to the board.
I. Application requirements for new and existing concentrated animal feeding operations and aquatic animal production facilities. New and existing concentrated animal feeding operations and concentrated aquatic animal production facilities shall provide the following information to the department, using the application form provided by the department:
1. For concentrated animal feeding operations:
a. The name of the owner or operator;
b. The facility location and mailing address;
c. Latitude and longitude of the production area (entrance to the production area);
d. A topographic map of the geographic area in which the CAFO is located showing the specific location of the production area, in lieu of the requirements of subdivision F 7 of this section;
e. Specific information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, other);
f. The type of containment and storage (anaerobic lagoon, roofed storage shed, storage ponds, underfloor pits, above ground storage tanks, below ground storage tanks, concrete pad, impervious soil pad, other) and total capacity for manure, litter, and process wastewater storage (tons/gallons);
g. The total number of acres under control of the applicant available for land application of manure, litter, or process wastewater;
h. Estimated amounts of manure, litter, and process wastewater generated per year (tons/gallons); and
i. For CAFOs that must seek coverage under a permit after December 31, 2006, certification that a nutrient management plan has been completed and will be implemented upon the date of coverage.
2. For concentrated aquatic animal production facilities:
a. The maximum daily and average monthly flow from each outfall;
b. The number of ponds, raceways, and similar structures;
c. The name of the receiving water and the source of intake water;
d. For each species of aquatic animals, the total yearly and maximum harvestable weight;
e. The calendar month of maximum feeding and the total mass of food fed during that month; and
f. Pertinent plans, specifications, maps and such other relevant information as may be required, in scope and details satisfactory to the board.
J. Application requirements for new and existing POTWs and treatment works treating domestic sewage. Unless otherwise indicated, all POTWs and other dischargers designated by the board must provide to the department, at a minimum, the information in this subsection using an application form provided by the department. Permit applicants must submit all information available at the time of permit application. The information may be provided by referencing information previously submitted to the department. The board may waive any requirement of this subsection if it has access to substantially identical information. The board may also waive any requirement of this subsection that is not of material concern for a specific permit, if approved by the regional administrator. The waiver request to the regional administrator must include the board''s justification for the waiver. A regional administrator''s disapproval of the board''s proposed waiver does not constitute final agency action but does provide notice to the board and permit applicant(s) that the EPA may object to any board-issued permit issued in the absence of the required information.
1. All applicants must provide the following information:
a. Name, mailing address, and location of the facility for which the application is submitted;
b. Name, mailing address, and telephone number of the applicant and indication as to whether the applicant is the facility''s owner, operator, or both;
c. Identification of all environmental permits or construction approvals received or applied for (including dates) under any of the following programs:
(1) Hazardous Waste Management program under the Resource Conservation and Recovery Act (RCRA), Subpart C;
(2) Underground Injection Control program under the Safe Drinking Water Act (SDWA);
(3) NPDES program under the Clean Water Act (CWA);
(4) Prevention of Significant Deterioration (PSD) program under the Clean Air Act;
(5) Nonattainment program under the Clean Air Act;
(6) National Emission Standards for Hazardous Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
(7) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act;
(8) Dredge or fill permits under §404 of the CWA; and
(9) Other relevant environmental permits, including state permits;
d. The name and population of each municipal entity served by the facility, including unincorporated connector districts. Indicate whether each municipal entity owns or maintains the collection system and whether the collection system is separate sanitary or combined storm and sanitary, if known;
e. Information concerning whether the facility is located in Indian country and whether the facility discharges to a receiving stream that flows through Indian country;
f. The facility''s design flow rate (the wastewater flow rate the plant was built to handle), annual average daily flow rate, and maximum daily flow rate for each of the previous three years;
g. Identification of type(s) of collection system(s) used by the treatment works (i.e., separate sanitary sewers or combined storm and sanitary sewers) and an estimate of the percent of sewer line that each type comprises; and
h. The following information for outfalls to surface waters and other discharge or disposal methods:
(1) For effluent discharges to surface waters, the total number and types of outfalls (e.g., treated effluent, combined sewer overflows, bypasses, constructed emergency overflows);
(2) For wastewater discharged to surface impoundments:
(a) The location of each surface impoundment;
(b) The average daily volume discharged to each surface impoundment; and
(c) Whether the discharge is continuous or intermittent;
(3) For wastewater applied to the land:
(a) The location of each land application site;
(b) The size of each land application site, in acres;
(c) The average daily volume applied to each land application site, in gallons per day; and
(d) Whether land application is continuous or intermittent;
(4) For effluent sent to another facility for treatment prior to discharge:
(a) The means by which the effluent is transported;
(b) The name, mailing address, contact person, and phone number of the organization transporting the discharge, if the transport is provided by a party other than the applicant;
(c) The name, mailing address, contact person, phone number, and VPDES permit number (if any) of the receiving facility; and
(d) The average daily flow rate from this facility into the receiving facility, in millions of gallons per day; and
(5) For wastewater disposed of in a manner not included in subdivisions 1 h (1) through (4) of this subsection (e.g., underground percolation, underground injection):
(a) A description of the disposal method, including the location and size of each disposal site, if applicable;
(b) The annual average daily volume disposed of by this method, in gallons per day; and
(c) Whether disposal through this method is continuous or intermittent;
2. All applicants with a design flow greater than or equal to 0.1 mgd must provide the following information:
a. The current average daily volume of inflow and infiltration, in gallons per day, and steps the facility is taking to minimize inflow and infiltration;
b. A topographic map (or other map if a topographic map is unavailable) extending at least one mile beyond property boundaries of the treatment plant, including all unit processes, and showing:
(1) Treatment plant area and unit processes;
(2) The major pipes or other structures through which wastewater enters the treatment plant and the pipes or other structures through which treated wastewater is discharged from the treatment plant. Include outfalls from bypass piping, if applicable;
(3) Each well where fluids from the treatment plant are injected underground;
(4) Wells, springs, and other surface water bodies listed in public records or otherwise known to the applicant within 1/4 mile of the treatment works'' property boundaries;
(5) Sewage sludge management facilities (including on-site treatment, storage, and disposal sites); and
(6) Location at which waste classified as hazardous under RCRA enters the treatment plant by truck, rail, or dedicated pipe;
c. Process flow diagram or schematic.
(1) A diagram showing the processes of the treatment plant, including all bypass piping and all backup power sources or redundancy in the system. This includes a water balance showing all treatment units, including disinfection, and showing daily average flow rates at influent and discharge points, and approximate daily flow rates between treatment units; and
(2) A narrative description of the diagram; and
d. The following information regarding scheduled improvements:
(1) The outfall number of each outfall affected;
(2) A narrative description of each required improvement;
(3) Scheduled or actual dates of completion for the following:
(a) Commencement of construction;
(b) Completion of construction;
(c) Commencement of discharge; and
(d) Attainment of operational level; and
(4) A description of permits and clearances concerning other federal or state requirements;
3. Each applicant must provide the following information for each outfall, including bypass points, through which effluent is discharged, as applicable:
a. The following information about each outfall:
(1) Outfall number;
(2) State, county, and city or town in which outfall is located;
(3) Latitude and longitude, to the nearest second;
(4) Distance from shore and depth below surface;
(5) Average daily flow rate, in million gallons per day;
(6) The following information for each outfall with a seasonal or periodic discharge:
(a) Number of times per year the discharge occurs;
(b) Duration of each discharge;
(c) Flow of each discharge; and
(d) Months in which discharge occurs; and
(7) Whether the outfall is equipped with a diffuser and the type (e.g., high-rate) of diffuser used.
b. The following information, if known, for each outfall through which effluent is discharged to surface waters:
(1) Name of receiving water;
(2) Name of watershed/river/stream system and United States Soil Conservation Service 14-digit watershed code;
(3) Name of State Management/River Basin and United States Geological Survey 8-digit hydrologic cataloging unit code; and
(4) Critical flow of receiving stream and total hardness of receiving stream at critical low flow (if applicable).
c. The following information describing the treatment provided for discharges from each outfall to surface waters:
(1) The highest level of treatment (e.g., primary, equivalent to secondary, secondary, advanced, other) that is provided for the discharge for each outfall and:
(a) Design biochemical oxygen demand (BOD5 or CBOD5) removal (percent);
(b) Design suspended solids (SS) removal (percent); and, where applicable,
(c) Design phosphorus (P) removal (percent);
(d) Design nitrogen (N) removal (percent); and
(e) Any other removals that an advanced treatment system is designed to achieve.
(2) A description of the type of disinfection used, and whether the treatment plant dechlorinates (if disinfection is accomplished through chlorination).
4. Effluent monitoring for specific parameters.
a. As provided in subdivisions 4 b through j of this subsection, all applicants must submit to the department effluent monitoring information for samples taken from each outfall through which effluent is discharged to surface waters, except for CSOs. The board may allow applicants to submit sampling data for only one outfall on a case-by-case basis, where the applicant has two or more outfalls with substantially identical effluent. The board may also allow applicants to composite samples from one or more outfalls that discharge into the same mixing zone.
b. All applicants must sample and analyze for the following pollutants:
(1) Biochemical oxygen demand (BOD5 or CBOD5);
(2) Fecal coliform;
(3) Design flow rate;
(4) pH;
(5) Temperature; and
(6) Total suspended solids.
c. All applicants with a design flow greater than or equal to 0.1 mgd must sample and analyze for the following pollutants:
(1) Ammonia (as N);
(2) Chlorine (total residual, TRC);
(3) Dissolved oxygen;
(4) Nitrate/Nitrite;
(5) Kjeldahl nitrogen;
(6) Oil and grease;
(7) Phosphorus; and
(8) Total dissolved solids.
Facilities that do not use chlorine for disinfection, do not use chlorine elsewhere in the treatment process, and have no reasonable potential to discharge chlorine in their effluent may delete chlorine.
d. All POTWs with a design flow rate equal to or greater than one million gallons per day, all POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program, and other POTWs, as required by the board must sample and analyze for the pollutants listed in Table 2 of 40 CFR Part 122 Appendix J (2005), and for any other pollutants for which the board or EPA have established water quality standards applicable to the receiving waters.
e. The board may require sampling for additional pollutants, as appropriate, on a case-by-case basis.
f. Applicants must provide data from a minimum of three samples taken within 4-1/2 years prior to the date of the permit application. Samples must be representative of the seasonal variation in the discharge from each outfall. Existing data may be used, if available, in lieu of sampling done solely for the purpose of this application. The board may require additional samples, as appropriate, on a case-by-case basis.
g. All existing data for pollutants specified in subdivisions 4 b through e of this subsection that is collected within 4-1/2 years of the application must be included in the pollutant data summary submitted by the applicant. If, however, the applicant samples for a specific pollutant on a monthly or more frequent basis, it is only necessary, for such pollutant, to summarize all data collected within one year of the application.
h. Applicants must collect samples of effluent and analyze such samples for pollutants in accordance with analytical methods approved under 40 CFR Part 136 (2005) unless an alternative is specified in the existing VPDES permit. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. For a composite sample, only one analysis of the composite of aliquots is required.
i. The effluent monitoring data provided must include at least the following information for each parameter:
(1) Maximum daily discharge, expressed as concentration or mass, based upon actual sample values;
(2) Average daily discharge for all samples, expressed as concentration or mass, and the number of samples used to obtain this value;
(3) The analytical method used; and
(4) The threshold level (i.e., method detection limit, minimum level, or other designated method endpoints) for the analytical method used.
j. Unless otherwise required by the board, metals must be reported as total recoverable.
5. Effluent monitoring for whole effluent toxicity.
a. All applicants must provide an identification of any whole effluent toxicity tests conducted during the 4-1/2 years prior to the date of the application on any of the applicant''s discharges or on any receiving water near the discharge.
b. As provided in subdivisions 5 c through i of this subsection, the following applicants must submit to the department the results of valid whole effluent toxicity tests for acute or chronic toxicity for samples taken from each outfall through which effluent is discharged to surface waters, except for combined sewer overflows:
(1) All POTWs with design flow rates greater than or equal to one million gallons per day;
(2) All POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program;
(3) Other POTWs, as required by the board, based on consideration of the following factors:
(a) The variability of the pollutants or pollutant parameters in the POTW effluent (based on chemical-specific information, the type of treatment plant, and types of industrial contributors);
(b) The ratio of effluent flow to receiving stream flow;
(c) Existing controls on point or nonpoint sources, including total maximum daily load calculations for the receiving stream segment and the relative contribution of the POTW;
(d) Receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to a coastal water, or a water designated as an outstanding natural resource water; or
(e) Other considerations (including, but not limited to, the history of toxic impacts and compliance problems at the POTW) that the board determines could cause or contribute to adverse water quality impacts.
c. Where the POTW has two or more outfalls with substantially identical effluent discharging to the same receiving stream segment, the board may allow applicants to submit whole effluent toxicity data for only one outfall on a case-by-case basis. The board may also allow applicants to composite samples from one or more outfalls that discharge into the same mixing zone.
d. Each applicant required to perform whole effluent toxicity testing pursuant to subdivision 5 b of this subsection must provide:
(1) Results of a minimum of four quarterly tests for a year, from the year preceding the permit application; or
(2) Results from four tests performed at least annually in the 4-1/2 year period prior to the application, provided the results show no appreciable toxicity using a safety factor determined by the board.
e. Applicants must conduct tests with multiple species (no less than two species, e.g., fish, invertebrate, plant) and test for acute or chronic toxicity, depending on the range of receiving water dilution. The board recommends that applicants conduct acute or chronic testing based on the following dilutions: (i) acute toxicity testing if the dilution of the effluent is greater than 100:1 at the edge of the mixing zone or (ii) chronic toxicity testing if the dilution of the effluent is less than or equal to 100:1 at the edge of the mixing zone.
f. Each applicant required to perform whole effluent toxicity testing pursuant to subdivision 5 b of this subsection must provide the number of chronic or acute whole effluent toxicity tests that have been conducted since the last permit reissuance.
g. Applicants must provide the results using the form provided by the department, or test summaries if available and comprehensive, for each whole effluent toxicity test conducted pursuant to subdivision 5 b of this subsection for which such information has not been reported previously to the department.
h. Whole effluent toxicity testing conducted pursuant to subdivision 5 b of this subsection must be conducted using methods approved under 40 CFR Part 136 (2005), as directed by the board.
i. For whole effluent toxicity data submitted to the department within 4-1/2 years prior to the date of the application, applicants must provide the dates on which the data were submitted and a summary of the results.
j. Each POTW required to perform whole effluent toxicity testing pursuant to subdivision 5 b of this subsection must provide any information on the cause of toxicity and written details of any toxicity reduction evaluation conducted, if any whole effluent toxicity test conducted within the past 4-1/2 years revealed toxicity.
6. Applicants must submit the following information about industrial discharges to the POTW:
a. Number of significant industrial users (SIUs) and categorical industrial users (CIUs) discharging to the POTW; and
b. POTWs with one or more SIUs shall provide the following information for each SIU, as defined in 9VAC25-31-10, that discharges to the POTW:
(1) Name and mailing address;
(2) Description of all industrial processes that affect or contribute to the SIU''s discharge;
(3) Principal products and raw materials of the SIU that affect or contribute to the SIU''s discharge;
(4) Average daily volume of wastewater discharged, indicating the amount attributable to process flow and nonprocess flow;
(5) Whether the SIU is subject to local limits;
(6) Whether the SIU is subject to categorical standards and, if so, under which category and subcategory; and
(7) Whether any problems at the POTW (e.g., upsets, pass through, interference) have been attributed to the SIU in the past 4-1/2 years.
c. The information required in subdivisions 6 a and b of this subsection may be waived by the board for POTWs with pretreatment programs if the applicant has submitted either of the following that contain information substantially identical to that required in subdivisions 6 a and b of this subsection:
(1) An annual report submitted within one year of the application; or
(2) A pretreatment program.
7. Discharges from hazardous waste generators and from waste cleanup or remediation sites. POTWs receiving Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or RCRA Corrective Action wastes or wastes generated at another type of cleanup or remediation site must provide the following information:
a. If the POTW receives, or has been notified that it will receive, by truck, rail, or dedicated pipe any wastes that are regulated as RCRA hazardous wastes pursuant to 40 CFR Part 261 (2005), the applicant must report the following:
(1) The method by which the waste is received (i.e., whether by truck, rail, or dedicated pipe); and
(2) The hazardous waste number and amount received annually of each hazardous waste.
b. If the POTW receives, or has been notified that it will receive, wastewaters that originate from remedial activities, including those undertaken pursuant to CERCLA and §3004(u) or 3008(h) of RCRA, the applicant must report the following:
(1) The identity and description of the site or facility at which the wastewater originates;
(2) The identities of the wastewater''s hazardous constituents, as listed in Appendix VIII of 40 CFR Part 261 (2005), if known; and
(3) The extent of treatment, if any, the wastewater receives or will receive before entering the POTW.
c. Applicants are exempt from the requirements of subdivision 7 b of this subsection if they receive no more than 15 kilograms per month of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) (2005).
8. Each applicant with combined sewer systems must provide the following information:
a. The following information regarding the combined sewer system:
(1) A map indicating the location of the following:
(a) All CSO discharge points;
(b) Sensitive use areas potentially affected by CSOs (e.g., beaches, drinking water supplies, shellfish beds, sensitive aquatic ecosystems, and outstanding national resource waters); and
(c) Waters supporting threatened and endangered species potentially affected by CSOs; and
(2) A diagram of the combined sewer collection system that includes the following information:
(a) The location of major sewer trunk lines, both combined and separate sanitary;
(b) The locations of points where separate sanitary sewers feed into the combined sewer system;
(c) In-line and off-line storage structures;
(d) The locations of flow-regulating devices; and
(e) The locations of pump stations.
b. The following information for each CSO discharge point covered by the permit application:
(1) The following information on each outfall:
(a) Outfall number;
(b) State, county, and city or town in which outfall is located;
(c) Latitude and longitude, to the nearest second;
(d) Distance from shore and depth below surface;
(e) Whether the applicant monitored any of the following in the past year for this CSO: (i) rainfall, (ii) CSO flow volume, (iii) CSO pollutant concentrations, (iv) receiving water quality, or (v) CSO frequency; and
(f) The number of storm events monitored in the past year;
(2) The following information about CSO overflows from each outfall:
(a) The number of events in the past year;
(b) The average duration per event, if available;
(c) The average volume per CSO event, if available; and
(d) The minimum rainfall that caused a CSO event, if available, in the last year;
(3) The following information about receiving waters:
(a) Name of receiving water;
(b) Name of watershed/stream system and the United States Soil Conservation Service watershed (14-digit) code, if known; and
(c) Name of State Management/River Basin and the United States Geological Survey hydrologic cataloging unit (8-digit) code, if known; and
(4) A description of any known water quality impacts on the receiving water caused by the CSO (e.g., permanent or intermittent beach closings, permanent or intermittent shellfish bed closings, fish kills, fish advisories, other recreational loss, or exceedance of any applicable state water quality standard).
9. All applicants must provide the name, mailing address, telephone number, and responsibilities of all contractors responsible for any operational or maintenance aspects of the facility.
10. All applications must be signed by a certifying official in compliance with 9VAC25-31-110.
11. Pertinent plans, specifications, maps and such other relevant information as may be required, in scope and details satisfactory to the board.
K. Application requirements for new sources and new discharges. New manufacturing, commercial, mining and silvicultural dischargers applying for VPDES permits (except for new discharges of facilities subject to the requirements of subsection H of this section or new discharges of storm water associated with industrial activity which are subject to the requirements of 9VAC25-31-120 B 1 and this subsection) shall provide the following information to the department, using the application forms provided by the department:
1. The expected outfall location in latitude and longitude to the nearest 15 seconds and the name of the receiving water;
2. The expected date of commencement of discharge;
3. a. Description of the treatment that the wastewater will receive, along with all operations contributing wastewater to the effluent, average flow contributed by each operation, and the ultimate disposal of any solid or liquid wastes not discharged;
b. A line drawing of the water flow through the facility with a water balance as described in subdivision G 2;
c. If any of the expected discharges will be intermittent or seasonal, a description of the frequency, duration and maximum daily flow rate of each discharge occurrence (except for storm water run-off, spillage, or leaks); and
4. If a new source performance standard promulgated under §306 of the CWA or an effluent limitation guideline applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant''s expected actual production reported in the units used in the applicable effluent guideline or new source performance standard for each of the first three years. Alternative estimates may also be submitted if production is likely to vary;
5. The requirements in subdivisions H 4 a, b, and c of this section that an applicant must provide estimates of certain pollutants expected to be present do not apply to pollutants present in a discharge solely as a result of their presence in intake water; however, an applicant must report such pollutants as present. Net credits may be provided for the presence of pollutants in intake water if the requirements of 9VAC25-31-230 G are met. All levels (except for discharge flow, temperature, and pH) must be estimated as concentration and as total mass.
a. Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants or parameters. The board may waive the reporting requirements for any of these pollutants and parameters if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of the permit can be obtained through less stringent reporting requirements.
(1) Biochemical oxygen demand (BOD).
(2) Chemical oxygen demand (COD).
(3) Total organic carbon (TOC).
(4) Total suspended solids (TSS).
(5) Flow.
(6) Ammonia (as N).
(7) Temperature (winter and summer).
(8) pH.
b. Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants, if the applicant knows or has reason to believe they will be present or if they are limited by an effluent limitation guideline or new source performance standard either directly or indirectly through limitations on an indicator pollutant: all pollutants in Table IV of 40 CFR Part 122 Appendix D (2005) (certain conventional and nonconventional pollutants).
c. Each applicant must report estimated daily maximum, daily average and source of information for the following pollutants if he knows or has reason to believe that they will be present in the discharges from any outfall:
(1) The pollutants listed in Table III of 40 CFR Part 122 Appendix D (2005) (the toxic metals, in the discharge from any outfall, Total cyanide, and total phenols);
(2) The organic toxic pollutants in Table II of 40 CFR Part 122 Appendix D (2005) (except bis (chloromethyl) ether, dichlorofluoromethane and trichlorofluoromethane). This requirement is waived for applicants with expected gross sales of less than $100,000 per year for the next three years, and for coal mines with expected average production of less than 100,000 tons of coal per year.
d. The applicant is required to report that 2,3,7,8 Tetrachlorodibenzo-P-Dioxin (TCDD) may be discharged if he uses or manufactures one of the following compounds, or if he knows or has reason to believe that TCDD will or may be present in an effluent:
(1) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS #93-76-5);
(2) (2) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);
(3) 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS #136-25-4);
(4) 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS #299-84-3);
(5) 2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or
(6) Hexachlorophene (HCP) (CAS #70-30-4);
e. Each applicant must report any pollutants listed in Table V of 40 CFR Part 122 Appendix D (2005) (certain hazardous substances) if he believes they will be present in any outfall (no quantitative estimates are required unless they are already available).
f. No later than two years after the commencement of discharge from the proposed facility, the applicant is required to submit the information required in subsection G of this section. However, the applicant need not complete those portions of subsection G of this section requiring tests which he has already performed and reported under the discharge monitoring requirements of his VPDES permit;
6. Each applicant must report the existence of any technical evaluation concerning his wastewater treatment, along with the name and location of similar plants of which he has knowledge;
7. Any optional information the permittee wishes to have considered;
8. Signature of certifying official under 9VAC25-31-110; and
9. Pertinent plans, specifications, maps and such other relevant information as may be required, in scope and details satisfactory to the board.
L. Variance requests by non-POTWs. A discharger which is not a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under any of the following statutory or regulatory provisions within the times specified in this subsection:
1. Fundamentally different factors.
a. A request for a variance based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based shall be filed as follows:
(1) For a request from best practicable control technology currently available (BPT), by the close of the public comment period for the draft permit; or
(2) For a request from best available technology economically achievable (BAT) and/or best conventional pollutant control technology (BCT), by no later than:
(a) July 3, 1989, for a request based on an effluent limitation guideline promulgated before February 4, 1987, to the extent July 3, 1989, is not later than that provided under previously promulgated regulations; or
(b) 180 days after the date on which an effluent limitation guideline is published in the Federal Register for a request based on an effluent limitation guideline promulgated on or after February 4, 1987.
b. The request shall explain how the requirements of the applicable regulatory or statutory criteria have been met.
2. A request for a variance from the BAT requirements for CWA §301(b)(2)(F) pollutants (commonly called nonconventional pollutants) pursuant to §301(c) of the CWA because of the economic capability of the owner or operator, or pursuant to §301(g) of the CWA (provided however that a §301(g) variance may only be requested for ammonia; chlorine; color; iron; total phenols (when determined by the Administrator to be a pollutant covered by §301(b)(2)(F) of the CWA) and any other pollutant which the administrator lists under §301(g)(4) of the CWA) must be made as follows:
a. For those requests for a variance from an effluent limitation based upon an effluent limitation guideline by:
(1) Submitting an initial request to the regional administrator, as well as to the department, stating the name of the discharger, the permit number, the outfall number(s), the applicable effluent guideline, and whether the discharger is requesting a §§301(c) or 301(g) of the CWA modification, or both. This request must have been filed not later than 270 days after promulgation of an applicable effluent limitation guideline; and
(2) Submitting a completed request no later than the close of the public comment period for the draft permit demonstrating that: (i) all reasonable ascertainable issues have been raised and all reasonably available arguments and materials supporting their position have been submitted; and (ii) that the applicable requirements of 40 CFR Part 125 (2005) have been met. Notwithstanding this provision, the complete application for a request under §301(g) of the CWA shall be filed 180 days before EPA must make a decision (unless the Regional Division Director establishes a shorter or longer period); or
b. For those requests for a variance from effluent limitations not based on effluent limitation guidelines, the request need only comply with subdivision 2 a (2) of this subsection and need not be preceded by an initial request under subdivision 2 a (1) of this subsection.
3. A modification under §302(b)(2) of the CWA of requirements under §302(a) of the CWA for achieving water quality related effluent limitations may be requested no later than the close of the public comment period for the draft permit on the permit from which the modification is sought.
4. A variance for alternate effluent limitations for the thermal component of any discharge must be filed with a timely application for a permit under this section, except that if thermal effluent limitations are established on a case-by-case basis or are based on water quality standards the request for a variance may be filed by the close of the public comment period for the draft permit. A copy of the request shall be sent simultaneously to the department.
M. Variance requests by POTWs. A discharger which is a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under any of the following statutory provisions as specified in this paragraph:
1. A request for a modification under §301(h) of the CWA of requirements of §301(b)(1)(B) of the CWA for discharges into marine waters must be filed in accordance with the requirements of 40 CFR Part 125, Subpart G (2005).
2. A modification under §302(b)(2) of the CWA of the requirements under §302(a) of the CWA for achieving water quality based effluent limitations shall be requested no later than the close of the public comment period for the draft permit on the permit from which the modification is sought.
N. Expedited variance procedures and time extensions.
1. Notwithstanding the time requirements in subsections L and M of this section, the board may notify a permit applicant before a draft permit is issued that the draft permit will likely contain limitations which are eligible for variances. In the notice the board may require the applicant as a condition of consideration of any potential variance request to submit a request explaining how the requirements of 40 CFR Part 125 (2005) applicable to the variance have been met and may require its submission within a specified reasonable time after receipt of the notice. The notice may be sent before the permit application has been submitted. The draft or final permit may contain the alternative limitations which may become effective upon final grant of the variance.
2. A discharger who cannot file a timely complete request required under subdivisions L 2 a (2) or L 2 b of this section may request an extension. The extension may be granted or denied at the discretion of the board. Extensions shall be no more than six months in duration.
O. Recordkeeping. Except for information required by subdivision C 2 of this section, which shall be retained for a period of at least five years from the date the application is signed (or longer as required by Part VI (9VAC25-31-420 et seq.) of this chapter), applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this section for a period of at least three years from the date the application is signed.
P. Sewage sludge management. All TWTDS subject to subdivision C 2 a of this section must provide the information in this subsection to the department using an application form approved by the department. New applicants must submit all information available at the time of permit application. The information may be provided by referencing information previously submitted to the department. The board may waive any requirement of this subsection if it has access to substantially identical information. The board may also waive any requirement of this subsection that is not of material concern for a specific permit, if approved by the regional administrator. The waiver request to the regional administrator must include the board''s justification for the waiver. A regional administrator''s disapproval of the board''s proposed waiver does not constitute final agency action, but does provide notice to the board and the permit applicant that the EPA may object to any board issued permit issued in the absence of the required information.
1. All applicants must submit the following information:
a. The name, mailing address, and location of the TWTDS for which the application is submitted;
b. Whether the facility is a Class I Sludge Management Facility;
c. The design flow rate (in million gallons per day);
d. The total population served;
e. The TWTDS''s status as federal, state, private, public, or other entity;
f. The name, mailing address, and telephone number of the applicant; and
g. Indication whether the applicant is the owner, operator, or both.
2. All applicants must submit the facility''s VPDES permit number, if applicable, and a listing of all other federal, state, and local permits or construction approvals received or applied for under any of the following programs:
a. Hazardous Waste Management program under the Resource Conservation and Recovery Act (RCRA);
b. UIC program under the Safe Drinking Water Act (SDWA);
c. NPDES program under the Clean Water Act (CWA);
d. Prevention of Significant Deterioration (PSD) program under the Clean Air Act;
e. Nonattainment program under the Clean Air Act;
f. National Emission Standards for Hazardous Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
g. Dredge or fill permits under §404 of the CWA;
h. Other relevant environmental permits, including state or local permits.
3. All applicants must identify any generation, treatment, storage, land application, or disposal of sewage sludge that occurs in Indian country.
4. All applicants must submit a topographic map (or other map if a topographic map is unavailable) extending one mile beyond property boundaries of the facility and showing the following information:
a. All sewage sludge management facilities, including on-site treatment, storage, and disposal sites; and
b. Wells, springs, and other surface water bodies that are within 1/4 mile of the property boundaries and listed in public records or otherwise known to the applicant.
5. All applicants must submit a line drawing and/or a narrative description that identifies all sewage sludge management practices employed during the term of the permit, including all units used for collecting, dewatering, storing, or treating sewage sludge; the destination(s) of all liquids and solids leaving each such unit; and all processes used for pathogen reduction and vector attraction reduction.
6. The applicant must submit sewage sludge monitoring data for the pollutants for which limits in sewage sludge have been established in Part VI (9VAC25-31-420 et seq.) of this chapter for the applicant''s use or disposal practices on the date of permit application with the following conditions:
a. The board may require sampling for additional pollutants, as appropriate, on a case-by-case basis.
b. Applicants must provide data from a minimum of three samples taken within 4-1/2 years prior to the date of the permit application. Samples must be representative of the sewage sludge and should be taken at least one month apart. Existing data may be used in lieu of sampling done solely for the purpose of this application.
c. Applicants must collect and analyze samples in accordance with analytical methods specified in 9VAC25-31-490 unless an alternative has been specified in an existing sewage sludge permit.
d. The monitoring data provided must include at least the following information for each parameter:
(1) Average monthly concentration for all samples (mg/kg dry weight), based upon actual sample values;
(2) The analytical method used; and
(3) The method detection level.
7. If the applicant is a person who prepares sewage sludge, as defined in 9VAC25-31-500, the applicant must provide the following information:
a. If the applicant''s facility generates sewage sludge, the total dry metric tons per 365-day period generated at the facility.
b. If the applicant''s facility receives sewage sludge from another facility, the following information for each facility from which sewage sludge is received:
(1) The name, mailing address, and location of the other facility;
(2) The total dry metric tons per 365-day period received from the other facility; and
(3) A description of any treatment processes occurring at the other facility, including blending activities and treatment to reduce pathogens or vector attraction characteristics.
c. If the applicant''s facility changes the quality of sewage sludge through blending, treatment, or other activities, the following information:
(1) Whether the Class A pathogen reduction requirements in 9VAC25-31-710 A or the Class B pathogen reduction requirements in 9VAC25-31-710 B are met, and a description of any treatment processes used to reduce pathogens in sewage sludge;
(2) Whether any of the vector attraction reduction options of 9VAC25-31-720 B 1 through 8 are met, and a description of any treatment processes used to reduce vector attraction properties in sewage sludge; and
(3) A description of any other blending, treatment, or other activities that change the quality of sewage sludge.
d. If sewage sludge from the applicant''s facility meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through 8, and if the sewage sludge is applied to the land, the applicant must provide the total dry metric tons per 365-day period of sewage sludge subject to this subsection that is applied to the land.
e. If sewage sludge from the applicant''s facility is sold or given away in a bag or other container for application to the land, and the sewage sludge is not subject to subdivision 7 d of this subsection, the applicant must provide the following information:
(1) The total dry metric tons per 365-day period of sewage sludge subject to this subsection that is sold or given away in a bag or other container for application to the land; and
(2) A copy of all labels or notices that accompany the sewage sludge being sold or given away.
f. If sewage sludge from the applicant''s facility is provided to another person who prepares sewage sludge, as defined in 9VAC25-31-500, and the sewage sludge is not subject to subdivision 7 d of this subsection, the applicant must provide the following information for each facility receiving the sewage sludge:
(1) The name and mailing address of the receiving facility;
(2) The total dry metric tons per 365-day period of sewage sludge subject to this subsection that the applicant provides to the receiving facility;
(3) A description of any treatment processes occurring at the receiving facility, including blending activities and treatment to reduce pathogens or vector attraction characteristic;
(4) A copy of the notice and necessary information that the applicant is required to provide the receiving facility under 9VAC25-31-530 G; and
(5) If the receiving facility places sewage sludge in bags or containers for sale or give-away to application to the land, a copy of any labels or notices that accompany the sewage sludge.
8. If sewage sludge from the applicant''s facility is applied to the land in bulk form and is not subject to subdivision 7 d, e or f of this subsection, the applicant must provide the following information:
a. The total dry metric tons per 365-day period of sewage sludge subject to this subsection that is applied to the land.
b. If any land application sites are located in states other than the state where the sewage sludge is prepared, a description of how the applicant will notify the permitting authority for the state(s) where the land application sites are located.
c. The following information for each land application site that has been identified at the time of permit application:
(1) The name (if any), and location for the land application site;
(2) The site''s latitude and longitude to the nearest second, and method of determination;
(3) A topographic map (or other map if a topographic map is unavailable) that shows the site''s location;
(4) The name, mailing address, and telephone number of the site owner, if different from the applicant;
(5) The name, mailing address, and telephone number of the person who applies sewage sludge to the site, if different from the applicant;
(6) Whether the site is agricultural land, forest, a public contact site, or a reclamation site, as such site types are defined in 9VAC25-31-500;
(7) The type of vegetation grown on the site, if known, and the nitrogen requirement for this vegetation;
(8) Whether either of the vector attraction reduction options of 9VAC25-31-720 B 9 or 10 is met at the site, and a description of any procedures employed at the time of use to reduce vector attraction properties in sewage sludge; and
(9) Other information that describes how the site will be managed, as specified by the board.
d. The following information for each land application site that has been identified at the time of permit application, if the applicant intends to apply bulk sewage sludge subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to the site:
(1) Whether the applicant has contacted the permitting authority in the state where the bulk sewage sludge subject to 9VAC25-31-540 B 2 will be applied, to ascertain whether bulk sewage sludge subject to 9VAC25-31-540 B 2 has been applied to the site on or since July 20, 1993, and if so, the name of the permitting authority and the name and phone number of a contact person at the permitting authority;
(2) Identification of facilities other than the applicant''s facility that have sent, or are sending, sewage sludge subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to the site since July 20, 1993, if, based on the inquiry in subdivision 8 d (1) of this subsection, bulk sewage sludge subject to cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993.
e. If not all land application sites have been identified at the time of permit application, the applicant must submit a land application plan that, at a minimum:
(1) Describes the geographical area covered by the plan;
(2) Identifies the site selection criteria;
(3) Describes how the site(s) will be managed;
(4) Provides for advance notice to the board of specific land application sites and reasonable time for the board to object prior to land application of the sewage sludge; and
(5) Provides for advance public notice of land application sites in a newspaper of general circulation in the area of the land application site.
9. If sewage sludge from the applicant''s facility is placed on a surface disposal site, the applicant must provide the following information:
a. The total dry metric tons of sewage sludge from the applicant''s facility that is placed on surface disposal sites per 365-day period.
b. The following information for each surface disposal site receiving sewage sludge from the applicant''s facility that the applicant does not own or operate:
(1) The site name or number, contact person, mailing address, and telephone number for the surface disposal site; and
(2) The total dry metric tons from the applicant''s facility per 365-day period placed on the surface disposal site.
c. The following information for each active sewage sludge unit at each surface disposal site that the applicant owns or operates:
(1) The name or number and the location of the active sewage sludge unit;
(2) The unit''s latitude and longitude to the nearest second, and method of determination;
(3) If not already provided, a topographic map (or other map if a topographic map is unavailable) that shows the unit''s location;
(4) The total dry metric tons placed on the active sewage sludge unit per 365-day period;
(5) The total dry metric tons placed on the active sewage sludge unit over the life of the unit;
(6) A description of any liner for the active sewage sludge unit, including whether it has a maximum permeability of 1 X 10-7cm/sec;
(7) A description of any leachate collection system for the active sewage sludge unit, including the method used for leachate disposal, and any federal, state, and local permit number(s) for leachate disposal;
(8) If the active sewage sludge unit is less than 150 meters from the property line of the surface disposal site, the actual distance from the unit boundary to the site property line;
(9) The remaining capacity (dry metric tons) for the active sewage sludge unit;
(10) The date on which the active sewage sludge unit is expected to close, if such a date has been identified;
(11) The following information for any other facility that sends sewage sludge to the active sewage sludge unit:
(a) The name, contact person, and mailing address of the facility; and
(b) Available information regarding the quality of the sewage sludge received from the facility, including any treatment at the facility to reduce pathogens or vector attraction characteristics;
(12) Whether any of the vector attraction reduction options of 9VAC25-31-720 B 9 through 11 is met at the active sewage sludge unit, and a description of any procedures employed at the time of disposal to reduce vector attraction properties in sewage sludge;
(13) The following information, as applicable to any groundwater monitoring occurring at the active sewage sludge unit:
(a) A description of any groundwater monitoring occurring at the active sewage sludge unit;
(b) Any available groundwater monitoring data, with a description of the well locations and approximate depth to groundwater;
(c) A copy of any groundwater monitoring plan that has been prepared for the active sewage sludge unit;
(d) A copy of any certification that has been obtained from a qualified groundwater scientist that the aquifer has not been contaminated; and
(14) If site-specific pollutant limits are being sought for the sewage sludge placed on this active sewage sludge unit, information to support such a request.
10. If sewage sludge from the applicant''s facility is fired in a sewage sludge incinerator, the applicant must provide the following information:
a. The total dry metric tons of sewage sludge from the applicant''s facility that is fired in sewage sludge incinerators per 365-day period.
b. The following information for each sewage sludge incinerator firing the applicant''s sewage sludge that the applicant does not own or operate:
(1) The name and/or number, contact person, mailing address, and telephone number of the sewage sludge incinerator; and
(2) The total dry metric tons from the applicant''s facility per 365-day period fired in the sewage sludge incinerator.
11. If sewage sludge from the applicant''s facility is sent to a municipal solid waste landfill (MSWLF), the applicant must provide the following information for each MSWLF to which sewage sludge is sent:
a. The name, contact person, mailing address, location, and all applicable permit numbers of the MSWLF;
b. The total dry metric tons per 365-day period sent from this facility to the MSWLF;
c. A determination of whether the sewage sludge meets applicable requirements for disposal of sewage sludge in a MSWLF, including the results of the paint filter liquids test and any additional requirements that apply on a site-specific basis; and
d. Information, if known, indicating whether the MSWLF complies with criteria set forth in the Virginia Solid Waste Management Regulations, 9VAC20-80.
12. All applicants must provide the name, mailing address, telephone number, and responsibilities of all contractors responsible for any operational or maintenance aspects of the facility related to sewage sludge generation, treatment, use, or disposal.
13. At the request of the board, the applicant must provide any other information necessary to determine the appropriate standards for permitting under Part VI (9VAC25-31-420 et seq.) of this chapter, and must provide any other information necessary to assess the sewage sludge use and disposal practices, determine whether to issue a permit, or identify appropriate permit requirements; and pertinent plans, specifications, maps and such other relevant information as may be required, in scope and details satisfactory to the board.
14. All applications must be signed by a certifying official in compliance with 9VAC25-31-110.
Q. Applications for facilities with cooling water intake structures.
1. Application requirements.
a. New facilities with new or modified cooling water intake structures. New facilities with cooling water intake structures as defined in 9VAC25-31-165 must report the information required under subdivisions 2, 3, and 4 of this subsection and under 9VAC25-31-165. Requests for alternative requirements under 9VAC25-31-165 must be submitted with the permit application.
b. Phase II existing facilities. Phase II existing
facilities as defined in 9VAC25-31-165 must submit to the board for review the
information required under subdivisions 2, 3, and 5 of this subsection and all
applicable provisions of 9VAC25-31-165 as part of their application except for
the proposal for information collection, which must be provided in accordance
with 9VAC25-31-165 C 3 b (1).
2. Source water physical data. These include:
a. A narrative description and scaled drawings showing the physical configuration of all source water bodies used by the facility, including area dimensions, depths, salinity and temperature regimes, and other documentation that supports the determination of the water body type where each cooling water intake structure is located;
b. Identification and characterization of the source water body''s hydrological and geomorphologic features, as well as the methods used to conduct any physical studies to determine the intake''s area of influence within the water body and the results of such studies; and
c. Location maps.
3. Cooling water intake structure data. These include:
a. A narrative description of the configuration of each cooling water intake structure and where it is located in the water body and in the water column;
b. Latitude and longitude in degrees, minutes, and seconds for each cooling water intake structure;
c. A narrative description of the operation of each cooling water intake structure, including design intake flow, daily hours of operation, number of days of the year in operation and seasonal changes, if applicable;
d. A flow distribution and water balance diagram that includes all sources of water to the facility, recirculation flows and discharges; and
e. Engineering drawings of the cooling water intake structure.
4. Source water baseline biological characterization data. This information is required to characterize the biological community in the vicinity of the cooling water intake structure and to characterize the operation of the cooling water intake structures. The department may also use this information in subsequent permit renewal proceedings to determine if the design and construction technology plan as required in 9VAC25-31-165 should be revised. This supporting information must include existing data if available. Existing data may be supplemented with data from newly conducted field studies. The information must include:
a. A list of the data in subdivisions 4 b through 4 f of this subsection that is not available and efforts made to identify sources of the data;
b. A list of species (or relevant taxa) for all life stages and their relative abundance in the vicinity of the cooling water intake structure;
c. Identification of the species and life stages that would be most susceptible to impingement and entrainment. Species evaluated should include the forage base as well as those most important in terms of significance to commercial and recreational fisheries;
d. Identification and evaluation of the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa;
e. Data representative of the seasonal and daily activities (e.g., feeding and water column migration) of biological organisms in the vicinity of the cooling water intake structure;
f. Identification of all threatened, endangered, and other protected species that might be susceptible to impingement and entrainment at the cooling water intake structures;
g. Documentation of any public participation or consultation with federal or state agencies undertaken in development of the plan; and
h. If information requested in subdivision 4 of this subsection is supplemented with data collected using field studies, supporting documentation for the source water baseline biological characterization must include a description of all methods and quality assurance procedures for sampling, and data analysis including a description of the study area; taxonomic identification of sampled and evaluated biological assemblages (including all life stages of fish and shellfish); and sampling and data analysis methods. The sampling and/or data analysis methods used must be appropriate for a quantitative survey and based on consideration of methods used in other biological studies performed within the same source water body. The study area should include, at a minimum, the area of influence of the cooling water intake structure.
5. Cooling water system data. Phase II existing facilities
as defined in 9VAC25-31-165 must provide the following information for each
cooling water intake structure they use:
a. A narrative description of the operation of the cooling
water system, its relationship to cooling water intake structures, the
proportion of the design intake flow that is used in the system, the number of
days of the year the cooling water system is in operation and seasonal changes
in the operation of the system, if applicable; and
b. Design and engineering calculations prepared by a
qualified professional and supporting data to support the description required
by subdivision 5 a of this subsection.
Note 1: Until further notice subdivision G 7 e (1) of this section and the corresponding portions of the VPDES application Form 2C are suspended as they apply to coal mines.
Note 2: Until further notice subdivision G 7 e (1) of this section and the corresponding portions of Item V-C of the VPDES application Form 2C are suspended as they apply to:
a. Testing and reporting for all four organic fractions in the Greige Mills Subcategory of the Textile Mills industry (subpart C-Low water use processing of 40 CFR Part 410 (2005)), and testing and reporting for the pesticide fraction in all other subcategories of this industrial category.
b. Testing and reporting for the volatile, base/neutral and pesticide fractions in the Base and Precious Metals Subcategory of the Ore Mining and Dressing industry (subpart B of 40 CFR Part 440 (2005)), and testing and reporting for all four fractions in all other subcategories of this industrial category.
c. Testing and reporting for all four GC/MS fractions in the Porcelain Enameling industry.
Note 3: Until further notice subdivision G 7 e (1) of this section and the corresponding portions of Item V-C of the VPDES application Form 2C are suspended as they apply to:
a. Testing and reporting for the pesticide fraction in the Tall Oil Rosin Subcategory (subpart D) and Rosin-Based Derivatives Subcategory (subpart F) of the Gum and Wood Chemicals industry (40 CFR Part 454 (2005)), and testing and reporting for the pesticide and base-neutral fractions in all other subcategories of this industrial category.
b. Testing and reporting for the pesticide fraction in the leather tanning and finishing, paint and ink formulation, and photographic supplies industrial categories.
c. Testing and reporting for the acid, base/neutral and pesticide fractions in the petroleum refining industrial category.
d. Testing and reporting for the pesticide fraction in the Papergrade Sulfite Subcategories (subparts J and U) of the Pulp and Paper industry (40 CFR Part 430 (2005)); testing and reporting for the base/neutral and pesticide fractions in the following subcategories: Deink (subpart Q), Dissolving Kraft (subpart F), and Paperboard from Waste Paper (subpart E); testing and reporting for the volatile, base/neutral and pesticide fractions in the following subcategories: BCT Bleached Kraft (subpart H), Semi-Chemical (subparts B and C), and Nonintegrated-Fine Papers (subpart R); and testing and reporting for the acid, base/neutral, and pesticide fractions in the following subcategories: Fine Bleached Kraft (subpart I), Dissolving Sulfite Pulp (subpart K), Groundwood-Fine Papers (subpart O), Market Bleached Kraft (subpart G), Tissue from Wastepaper (subpart T), and Nonintegrated-Tissue Papers (subpart S).
e. Testing and reporting for the base/neutral fraction in the Once-Through Cooling Water, Fly Ash and Bottom Ash Transport Water process wastestreams of the Steam Electric Power Plant industrial category.
Statutory Authority
§62.1-44.15 of the Code of Virginia; §402 of the Clean Water Act, 40 CFR Parts 122, 123, 124, 403 and 503.
Historical Notes
Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 17, Issue 13, eff. April 11, 2001; Volume 18, Issue 9, eff. February 15, 2002; Volume 18, Issue 25, eff. September 25, 2002.
Amended, Virginia Register Volume 21, Issue 2, eff. November 3, 2004; Volume 21, Issue 9, eff. February 9, 2005; Errata 21:14 VA.R. 2022 March 21, 2005; Volume 22, Issue 24, eff. September 6, 2006; amended, Volume 24, Issue 3, eff. November 14, 2007.
9VAC25-31-165. Requirements applicable to cooling water intake structures.
A. Definitions. The following definitions apply specifically to this section:
"Adaptive management method" is a type of project
management method where a facility chooses an approach to meeting the project
goal, monitors the effectiveness of that approach, and then based on monitoring
and any other relevant information, makes any adjustments necessary to ensure
continued progress toward the project''s goal. This cycle of activity is
repeated as necessary to reach the project''s goal.
"All life stages" means eggs, larvae, juveniles,
and adults.
"Annual mean flow" means the average of daily flows over a calendar year.
"Calculation baseline" means an estimate of
impingement mortality and entrainment that would occur at a site assuming that:
the cooling water system has been designed as a once-through system; the
opening of the cooling water intake structure is located at, and the face of
the standard 3/8-inch mesh traveling screen is oriented parallel to, the
shoreline near the surface of the source water body; and the baseline
practices, procedures, and structural configuration are those that a facility
would maintain in the absence of any structural or operational controls,
including flow or velocity reductions, implemented in whole or in part for the
purposes of reducing impingement mortality and entrainment. The current level
of impingement mortality and entrainment may be used as the calculation
baseline. The calculation baseline may be estimated using: historical
impingement mortality and entrainment data from a facility with comparable
design, operational, and environmental conditions; current biological data
collected in the water body in the vicinity of the cooling water intake
structure; or current impingement mortality and entrainment data collected at
the facility. The calculation baseline may be modified to be based on a
location of the opening of the cooling water intake structure at a depth other
than at or near the surface if it can be demonstrated to the department that
the other depth would correspond to a higher baseline level of impingement
mortality and/or entrainment.
"Capacity utilization rate" means the ratio
between the average annual net generation of power by the facility (in MWh) and
the total net capability of the facility to generate power (in MW) multiplied
by the number of hours during a year. In cases where a facility has more than
one intake structure, and each intake structure provides cooling water
exclusively to one or more generating units, the capacity utilization rate may
be calculated separately for each intake structure, based on the capacity
utilization of the units it services. Applicable requirements under this
section would then be determined separately for each intake structure. The
average annual net generation should be measured over a five-year period (if
available) of representative operating conditions, unless the facility makes a
binding commitment to maintain capacity utilization below 15% for the life of
the permit, in which case the rate may be based on this commitment. For
purposes of this section, the capacity utilization rate applies to only that
portion of the facility that generates electricity for transmission or sale
using a thermal cycle employing the steam water system as the thermodynamic
medium.
"Closed-cycle recirculating system" means a system designed, using minimized makeup and blowdown flows, to withdraw water from a natural or other water source to support contact and/or noncontact cooling uses within a facility. The water is usually sent to a cooling canal or channel, lake, pond, or tower to allow waste heat to be dissipated to the atmosphere and then is returned to the system. (Some facilities divert the waste heat to other process operations.) New source water (make-up water) is added to the system to replenish losses that have occurred due to blowdown, drift, and evaporation.
"Cooling water" means water used for contact or noncontact cooling, including water used for equipment cooling, evaporative cooling tower makeup, and dilution of effluent heat content. The intended use of the cooling water is to absorb waste heat rejected from the process or processes used, or from auxiliary operations on the facility''s premises. Cooling water that is used in a manufacturing process either before or after it is used for cooling is considered process water for the purposes of calculating the percentage of a new facility''s intake flow that is used for cooling purposes.
"Cooling water intake structure" means the total physical structure and any associated constructed waterways used to withdraw cooling water from state waters. The cooling water intake structure extends from the point at which water is withdrawn from the surface water source up to, and including, the intake pumps.
"Design and construction technology" means any
physical configuration of the cooling water intake structure, or a technology
that is placed in the water body in front of the cooling water intake
structure, to reduce impingement mortality and/or entrainment. Design and
construction technologies include, but are not limited to, location of the
intake structure, intake screen systems, passive intake systems, fish diversion
and/or avoidance systems, and fish handling and return systems. Restoration
measures are not design and construction technologies for purposes of this
definition.
"Design intake flow" means the value assigned (during the facility''s design) to the total volume of water withdrawn from a source water body over a specific time period.
"Design intake velocity" means the value assigned (during the design of a cooling water intake structure) to the average speed at which intake water passes through the open area of the intake screen (or other device) against which organisms might be impinged or through which they might be entrained.
"Diel" means daily and refers to variation in
organism abundance and density over a 24-hour period due to the influence of
water movement, physical or chemical changes, and changes in light intensity.
"Entrainment" means the incorporation of all life stages of fish and shellfish with intake water flow entering and passing through a cooling water intake structure and into a cooling water system.
"Estuary" means a semi-enclosed body of water that has a free connection with open seas and within which the seawater is measurably diluted with fresh water derived from land drainage. The salinity of an estuary exceeds 0.5 parts per thousand (by mass) but is typically less than 30 parts per thousand (by mass).
"Existing facility" means any facility that commenced
construction as described on or before January 17, 2002; and any modification
of, or any addition of a unit at such a facility that does not meet the
definition of is not a new facility.
"Freshwater river or stream" means a lotic (free-flowing) system that does not receive significant inflows of water from oceans or bays due to tidal action. For the purposes of this section, a flow-through reservoir with a retention time of seven days or less will be considered a freshwater river or stream.
"Hydraulic zone of influence" means that portion of the source water body hydraulically affected by the cooling water intake structure withdrawal of water.
"Impingement" means the entrapment of all life stages of fish and shellfish on the outer part of an intake structure or against a screening device during periods of intake water withdrawal.
"Lake or reservoir" means any inland body of open water with some minimum surface area free of rooted vegetation and with an average hydraulic retention time of more than seven days. Lakes or reservoirs might be natural water bodies or impounded streams, usually fresh, surrounded by land or by land and a man-made retainer (e.g., a dam). Lakes or reservoirs might be fed by rivers, streams, springs, and/or local precipitation. Flow-through reservoirs with an average hydraulic retention time of seven days or less should be considered a freshwater river or stream.
"Maximize" means to increase to the greatest amount, extent, or degree reasonably possible.
"Minimize" means to reduce to the smallest amount, extent, or degree reasonably possible.
"Moribund" means dying; close to death.
"Natural thermal stratification" means the naturally-occurring division of a water body into horizontal layers of differing densities as a result of variations in temperature at different depths.
"New facility" means any building, structure, facility, or installation that meets the definition of a "new source" or "new discharger" and is a greenfield or stand-alone facility that commences construction after January 17, 2002, and uses either a newly constructed cooling water intake structure, or an existing cooling water intake structure whose design capacity is increased to accommodate the intake of additional cooling water. A greenfield facility is a facility that is constructed at a site at which no other source is located, or that totally replaces the process or production equipment at an existing facility. A stand-alone facility is a new, separate facility that is constructed on property where an existing facility is located and whose processes are substantially independent of the existing facility at the same site. New facility does not include new units that are added to a facility for purposes of the same general industrial operation (for example, a new peaking unit at an electrical generating station).
"Ocean" means marine open coastal waters with a salinity greater than or equal to 30 parts per thousand (by mass).
"Once-through cooling water system" means a
system designed to withdraw water from a natural or other water source, use it
at the facility to support contact and/or noncontact cooling uses, and then
discharge it to a water body without recirculation. Once-through cooling
systems sometimes employ canals/channels, ponds, or nonrecirculating cooling
towers to dissipate waste heat from the water before it is discharged.
"Operational measure" means a modification to any
operation at a facility that serves to minimize impact to fish and shellfish
from the cooling water intake structure. Examples of operational measures
include, but are not limited to reductions in cooling water intake flow through
the use of variable speed pumps and seasonal flow reductions or shutdowns; and
more frequent rotation of traveling screens.
"Phase II existing facility" means any existing
facility that meets the criteria specified in subsection C of this section.
"Source water" means the water body from which the cooling water is withdrawn.
"Supplier" means an entity, other than the
regulated facility, that owns and operates its own cooling water intake
structure and directly withdraws water from state waters. The supplier sells
the cooling water to other facilities for their use, but may also use a portion
of the water itself. An entity that provides potable water to residential
populations (e.g., public water system) is not a supplier for purposes of this
subpart.
"Thermocline" means the middle layer of a thermally stratified lake or reservoir. In this layer, there is a rapid decrease in temperatures.
"Tidal excursion" means the horizontal distance along the estuary or tidal river that a particle moves during one tidal cycle of ebb and flow.
"Tidal river" means the most seaward reach of a river or stream where the salinity is typically less than or equal to 0.5 parts per thousand (by mass) at a time of annual low flow and whose surface elevation responds to the effects of coastal lunar tides.
B. Cooling water intake structures for new facilities.
1. Applicability.
a. This section applies to a new facility if it:
(1) Is a point source that uses or proposes to use a cooling water intake structure;
(2) Has at least one cooling water intake structure that uses at least 25% of the water it withdraws for cooling purposes as specified in subdivision 1 c of this subsection; and
(3) Has a design intake flow greater than two million gallons per day (MGD).
b. Use of a cooling water intake structure includes obtaining cooling water by any sort of contract or arrangement with an independent supplier (or multiple suppliers) of cooling water if the supplier or suppliers withdraw(s) water from waters of the United States. Use of cooling water does not include obtaining cooling water from a public water system or the use of treated effluent that otherwise would be discharged to state waters. This provision is intended to prevent circumvention of these requirements by creating arrangements to receive cooling water from an entity that is not itself a point source.
c. The threshold requirement that at least 25% of water withdrawn be used for cooling purposes must be measured on an average monthly basis. A new facility meets the 25% cooling water threshold if, based on the new facility''s design, any monthly average over a year for the percentage of cooling water withdrawn is expected to equal or exceed 25% of the total water withdrawn.
d. This section does not apply to facilities that employ cooling water intake structures in the offshore and coastal subcategories of the oil and gas extraction point source category as defined under 40 CFR 435.10 and 40 CFR 435.40.
2. Compliance.
a. The owner or operator of a new facility must comply with either Track I in subdivision 2 b or c of this subsection or Track II in subdivision 2 d of this subsection. In addition to meeting the requirements in subdivision 2 b, c or d of this subsection, the owner or operator of a new facility may be required to comply with subdivision 2 e of this subsection.
b. Track I requirements for new facilities that withdraw equal to or greater than 10 MGD. Facilities must comply with all of the following requirements:
(1) Reduce intake flow, at a minimum, to a level commensurate with that which can be attained by a closed-cycle recirculating cooling water system;
(2) Design and construct each cooling water intake structure to a maximum through-screen design intake velocity of 0.5 ft/s;
(3) Design and construct the cooling water intake structure such that the total design intake flow from all cooling water intake structures meets the following requirements:
(a) For cooling water intake structures located in a freshwater river or stream, the total design intake flow must be no greater than 5.0% of the source water annual mean flow;
(b) For cooling water intake structures located in a lake or reservoir, the total design intake flow must not disrupt the natural thermal stratification or turnover pattern (where present) of the source water except in cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish by any fishery management agency(ies);
(c) For cooling water intake structures located in an estuary or tidal river, the total design intake flow over one tidal cycle of ebb and flow must be no greater than 1.0% of the volume of the water column within the area centered about the opening of the intake with a diameter defined by the distance of one tidal excursion at the mean low water level;
(4) Select and implement design and construction technologies or operational measures for minimizing impingement mortality of fish and shellfish if:
(a) There are threatened or endangered or otherwise protected federal, state, or tribal species, or critical habitat for these species, within the hydraulic zone of influence of the cooling water intake structure; or
(b) Based on information submitted by any fishery management agency(ies) or other relevant information, there are migratory and/or sport or commercial species of impingement concern to the board that pass through the hydraulic zone of influence of the cooling water intake structure; or
(c) It is determined by the board, based on information submitted by any fishery management agency(ies) or other relevant information that the proposed facility, after meeting the technology-based performance requirements in subdivision 2 b (1), (2), and (3) of this subsection, would still contribute unacceptable stress to the protected species, critical habitat of those species, or species of concern;
(5) Select and implement design and construction technologies or operational measures for minimizing entrainment of entrainable life stages of fish and shellfish if:
(a) There are threatened or endangered or otherwise protected federal, state, or tribal species, or critical habitat for these species, within the hydraulic zone of influence of the cooling water intake structure; or
(b) Based on information submitted by any fishery management agency(ies) or other relevant information, there are or would be undesirable cumulative stressors affecting entrainable life stages of species of concern to the board, and the board determines that the proposed facility, after meeting the technology-based performance requirements in subdivision 2 b (1), (2), and (3) of this subsection, would contribute unacceptable stress to these species of concern;
(6) Submit the application information required in 9VAC25-31-100 Q and subdivision 4 b of this subsection;
(7) Implement the monitoring requirements specified in subdivision 5 of this subsection;
(8) Implement the record-keeping requirements specified in subdivision 6 of this subsection.
c. Track I requirements for new facilities that withdraw equal to or greater than two MGD and less than 10 MGD and that choose not to comply with subdivision 2 b of this subsection. Facilities must comply with all of the following requirements:
(1) Design and construct each cooling water intake structure at the facility to a maximum through-screen design intake velocity of 0.5 ft/s;
(2) Design and construct the cooling water intake structure such that the total design intake flow from all cooling water intake structures at the facility meets the following requirements:
(a) For cooling water intake structures located in a freshwater river or stream, the total design intake flow must be no greater than 5.0% of the source water annual mean flow;
(b) For cooling water intake structures located in a lake or reservoir, the total design intake flow must not disrupt the natural thermal stratification or turnover pattern (where present) of the source water except in cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish by any fishery management agency(ies);
(c) For cooling water intake structures located in an estuary or tidal river, the total design intake flow over one tidal cycle of ebb and flow must be no greater than 1.0% of the volume of the water column within the area centered about the opening of the intake with a diameter defined by the distance of one tidal excursion at the mean low water level;
(3) Select and implement design and construction technologies or operational measures for minimizing impingement mortality of fish and shellfish if:
(a) There are threatened or endangered or otherwise protected federal, state, or tribal species, or critical habitat for these species, within the hydraulic zone of influence of the cooling water intake structure; or
(b) Based on information submitted by any fishery management agency(ies) or other relevant information there are migratory and/or sport or commercial species of impingement concern to the board that pass through the hydraulic zone of influence of the cooling water intake structure; or
(c) It is determined by the board, based on information submitted by any fishery management agency(ies) or other relevant information that the proposed facility, after meeting the technology-based performance requirements in subdivisions 2 c (1) and (2) of this subsection, would still contribute unacceptable stress to the protected species, critical habitat of those species, or species of concern;
(4) Select and implement design and construction technologies or operational measures for minimizing entrainment of entrainable life stages of fish and shellfish;
(5) Submit the application information required in 9VAC25-31-100 Q and 9VAC25-31-165 B 4;
(6) Implement the monitoring requirements specified in 9VAC25-31-165 B 5;
(7) Implement the recordkeeping requirements specified in 9VAC25-31-165 B 6.
d. Track II. The owner or operator of a new facility that chooses to comply under Track II must comply with the following requirements:
(1) Demonstrate to the board that the technologies employed will reduce the level of adverse environmental impact from cooling water intake structures to a comparable level to that which would be achieved using the requirements of subdivision 3 b (1) and (2) of this subsection. This demonstration must include a showing that the impacts to fish and shellfish, including important forage and predator species, within the watershed will be comparable to those that would result implementing the requirements of subdivisions 3 b (1) and (2) of this subsection. This showing may include consideration of impacts other than impingement mortality and entrainment, including measures that will result in increases in fish and shellfish, but it must demonstrate comparable performance for species that the board identifies as species of concern. In identifying such species the board may consider information provided by fishery management agencies with responsibility for fisheries potentially affected by the cooling water intake structure along with data and information from other sources.
(2) Design and construct the cooling water intake structure such that the total design intake flow from all cooling water intake structures at the facility meet the following requirements:
(a) For cooling water intake structures located in a freshwater river or stream, the total design intake flow must be no greater than 5.0% of the source water annual mean flow;
(b) For cooling water intake structures located in a lake or reservoir, the total design intake flow must not disrupt the natural thermal stratification or turnover pattern (where present) of the source water except in cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish by any fishery management agency(ies);
(c) For cooling water intake structures located in an estuary or tidal river, the total design intake flow over one tidal cycle of ebb and flow must be no greater than 1.0% of the volume of the water column within the area centered about the opening of the intake with a diameter defined by the distance of one tidal excursion at the mean low water level.
(3) Submit the application information required in 9VAC25-31-100 Q and 9VAC25-31-165 B 4 c.
(4) Implement the monitoring requirements specified in 9VAC25-31-165 B 5.
(5) Implement the record-keeping requirements specified in 9VAC25-31-165 B 6.
e. The owner or operator of a new facility must comply with any more stringent requirements relating to the location, design, construction, and capacity of a cooling water intake structure or monitoring requirements at a new facility that the board deems are reasonably necessary to comply with any provision of state law, including compliance with state water quality standards (including designated uses, criteria, and antidegradation requirements).
3. Alternative requirements.
a. Any interested person may request that alternative requirements less stringent than those specified in 9VAC25-31-165 B 2 a through e be imposed in the permit. The board may establish alternative requirements less stringent than the requirements of 9VAC25-31-165 B 2 a through e only if:
(1) There is an applicable requirement under 9VAC25-31-165 B 2 a through e;
(2) The board determines that data specific to the facility indicate that compliance with the requirement at issue would result in compliance costs wholly out of proportion to those EPA considered in establishing the requirement at issue or would result in significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets;
(3) The alternative requirement requested is no less stringent than justified by the wholly out of proportion cost or the significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets; and
(4) The alternative requirement will ensure compliance with other applicable provisions of the Clean Water Act and state law.
b. The burden is on the person requesting the alternative requirement to demonstrate that alternative requirements should be authorized.
4. Application information requirements.
a. The owner or operator of a new facility must submit to the department:
(1) A statement of intention to comply with either:
(a) The Track I requirements for new facilities that withdraw equal to or greater than 10 MGD in 9VAC25-31-165 B 2 b;
(b) The Track I requirements for new facilities that withdraw equal to or greater than 2 MGD and less than 10 MGD in 9VAC25-31-165 B 2 c or;
(c) The requirements for Track II in 9VAC25-31-165 B 2 d.
(2) The owner or operator must also submit the application information required by 9VAC25-31-100 Q and the information required in either subdivision 4 b of this subsection for Track I or subdivision 4 c of this section for Track II when application is made for a new or reissued VPDES permit.
b. Track I application requirements. To demonstrate compliance with Track I requirements in 9VAC25-31-165 B 2 b or c, collect and submit to the department the information in subdivision 4 b (1) through (4) of this subsection.
(1) Flow reduction information. To comply with the flow reduction requirements in 9VAC25-31-165 B 2 b (1), submit the following information to demonstrate reduction of flow to a level commensurate with that which can be attained by a closed-cycle recirculating cooling water system:
(a) A narrative description of the system that has been designed to reduce intake flow to a level commensurate with that which can be attained by a closed-cycle recirculating cooling water system and any engineering calculations, including documentation demonstrating that make-up and blowdown flows have been minimized; and
(b) If the flow reduction requirement is met entirely, or in part, by reusing or recycling water withdrawn for cooling purposes in subsequent industrial processes, provide documentation that the amount of cooling water that is not reused or recycled has been minimized.
(2) Velocity information. Submit the following information to demonstrate compliance with the requirement to meet a maximum through-screen design intake velocity of no more than 0.5 ft/s at each cooling water intake structure:
(a) A narrative description of the design, structure, equipment, and operation used to meet the velocity requirement; and
(b) Design calculations showing that the velocity requirement will be met at minimum ambient source water surface elevations (based on best professional judgment using available hydrological data) and maximum head loss across the screens or other device.
(3) Source water body flow information. Submit the following information to demonstrate that the cooling water intake structure meets the flow requirements in 9VAC25-31-165 B 2 b (3) and c (2):
(a) If the cooling water intake structure is located in a freshwater river or stream, provide the annual mean flow and any supporting documentation and engineering calculations to show that the cooling water intake structure meets the flow requirements;
(b) If the cooling water intake structure is located in an estuary or tidal river, provide the mean low water tidal excursion distance and any supporting documentation and engineering calculations to show that the cooling water intake structure facility meets the flow requirements; and
(c) If the cooling water intake structure is located in a lake or reservoir, provide a narrative description of the water body thermal stratification, and any supporting documentation and engineering calculations to show that the natural thermal stratification and turnover pattern will not be disrupted by the total design intake flow. In cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish provide supporting documentation and include a written concurrence from any fisheries management agency(ies) with responsibility for fisheries potentially affected by the cooling water intake structure(s).
(4) Design and Construction Technology Plan. To comply with 9VAC25-31-165 B 2 b (4) and (5), or 9VAC25-31-165 B 2 c (3) and (4), submit the following information in a Design and Construction Technology Plan:
(a) Information to demonstrate whether or not the criteria in 9VAC25-31-165 B 2 b (4) and b (5), or 9VAC25-31-165 B 2 c (3) and c (4) are met;
(b) Delineation of the hydraulic zone of influence for the cooling water intake structure;
(c) New facilities required to install design and construction technologies and/or operational measures must develop a plan explaining the technologies and measures selected based on information collected for the Source Water Biological Baseline Characterization required by 9VAC25-31-100 Q. (Examples of appropriate technologies include, but are not limited to, wedgewire screens, fine mesh screens, fish handling and return systems, barrier nets, aquatic filter barrier systems, etc. Examples of appropriate operational measures include, but are not limited to, seasonal shutdowns or reductions in flow, continuous operations of screens, etc.) The plan must contain the following information:
(i) A narrative description of the design and operation of the design and construction technologies, including fish-handling and return systems, that will be used to maximize the survival of those species expected to be most susceptible to impingement. Provide species-specific information that demonstrates the efficacy of the technology;
(ii) A narrative description of the design and operation of the design and construction technologies that will be used to minimize entrainment of those species expected to be the most susceptible to entrainment. Provide species-specific information that demonstrates the efficacy of the technology; and
(iii) Design calculations, drawings, and estimates to support the descriptions provided in 9VAC25-31-165 B 4 b (4) (c) (i) and (ii).
c. Application requirements for Track II. In order to with the requirements of Track II in 9VAC25-31-165 B 2 d collect and submit the following information:
(1) Source water body flow information. Submit to the department the following information to demonstrate that the cooling water intake structure meets the source water body requirements in 9VAC25-31-165 B 2 d (2):
(a) If the cooling water intake structure is located in a freshwater river or stream, provide the annual mean flow and any supporting documentation and engineering calculations to show that the cooling water intake structure meets the flow requirements;
(b) If the cooling water intake structure is located in an estuary or tidal river, provide the mean low water tidal excursion distance and any supporting documentation and engineering calculations to show that the cooling water intake structure facility meets the flow requirements; and
(c) If the cooling water intake structure is located in a lake or reservoir, provide a narrative description of the water body thermal stratification, and any supporting documentation and engineering calculations to show that the natural thermal stratification and thermal or turnover pattern will not be disrupted by the total design intake flow. In cases where the disruption is determined to be beneficial to the management of fisheries for fish and shellfish provide supporting documentation and include a written concurrence from any fisheries management agency(ies) with responsibility for fisheries potentially affected by the cooling water intake structure(s).
(2) Track II Comprehensive Demonstration Study. Perform and submit the results of a Comprehensive Demonstration Study (study). This information is required to characterize the source water baseline in the vicinity of the cooling water intake structure(s), characterize operation of the cooling water intake(s), and to confirm that the technology(ies) proposed and/or implemented at the cooling water intake structure reduce the impacts to fish and shellfish to levels comparable to those achieved by implementation of the requirements in 9VAC25-31-165 B 2 b (1) and (2) of Track I. To demonstrate the "comparable level" requirement, include information showing that:
(a) Both impingement mortality and entrainment of all life stages of fish and shellfish are reduced by 90% or greater of the reduction that would be achieved through 9VAC25-31-165 B 2 b (1) and (2); or
(b) If the demonstration includes consideration of impacts other than impingement mortality and entrainment, that the measures taken will maintain the fish and shellfish in the water body at a substantially similar level to that which would be achieved through 9VAC25-31-165 B 2 b (1) and (2); and
(c) Develop and submit a plan to the department containing a proposal for how information will be collected to support the study. The plan must include:
(i) A description of the proposed and/or implemented technology(ies) to be evaluated in the study;
(ii) A list and description of any historical studies characterizing the physical and biological conditions in the vicinity of the proposed or actual intakes and their relevancy to the proposed study. If existing source water body data is used, it must be no more than five years old, demonstrated sufficient to develop a scientifically valid estimate of potential impingement and entrainment impacts, and include documentation that the data were collected using appropriate quality assurance/quality control procedures;
(iii) Any public participation or consultation with federal or state agencies undertaken in developing the plan; and
(iv) A sampling plan for data that will be collected using actual field studies in the source water body. The sampling plan must document all methods and quality assurance procedures for sampling, and data analysis. The sampling and data analysis methods proposed must be appropriate for a quantitative survey and based on consideration of methods used in other studies performed in the source water body. The sampling plan must include a description of the study area (including the area of influence of the cooling water intake structure and at least 100 meters beyond); taxonomic identification of the sampled or evaluated biological assemblages (including all life stages of fish and shellfish); and sampling and data analysis methods; and
(d) Submit documentation of the results of the study to the director. Documentation of the results of the study must include:
(i) Source Water Biological Study. The Source Water Biological Study must include a taxonomic identification and characterization of aquatic biological resources including a summary of historical and contemporary aquatic biological resources; determination and description of the target populations of concern (those species of fish and shellfish and all life stages that are most susceptible to impingement and entrainment); and a description of the abundance and temporal/spatial characterization of the target populations based on the collection of multiple years of data to capture the seasonal and daily activities (e.g., spawning, feeding and water column migration) of all life stages of fish and shellfish found in the vicinity of the cooling water intake structure; an identification of all threatened or endangered species that might be susceptible to impingement and entrainment by the proposed cooling water intake structure(s); and a description of additional chemical, water quality, and other anthropogenic stresses on the source water body.
(ii) Evaluation of potential cooling water intake structure effects. This evaluation will include calculations of the reduction in impingement mortality and entrainment of all life stages of fish and shellfish that would need to be achieved by the technologies selected to implement requirements under Track II and an engineering estimate of efficacy for the proposed and/or implemented technologies used to minimize impingement mortality and entrainment of all life stages of fish and shellfish and maximize survival of impinged life stages of fish and shellfish, demonstrating that the technologies reduce impingement mortality and entrainment of all life stages of fish and shellfish to a comparable level to that which would be achieved implementing the requirements in 9VAC25-31-165 B 2 b (1) and (2) of Track I. The efficacy projection must include a site-specific evaluation of technology(ies) suitability for reducing impingement mortality and entrainment based on the results of the Source Water Biological Study. Efficacy estimates may be determined based on case studies that have been conducted in the vicinity of the cooling water intake structure and/or site-specific technology prototype studies.
(iii) Evaluation of proposed restoration measures. If restoration measures are proposed to maintain the fish and shellfish provide information and data to show coordination with the appropriate fishery management agency(ies) and a plan that provides a list of the measures to implement to demonstrate and continue to ensure that restoration measures will maintain the fish and shellfish in the water body to a substantially similar level to that which would be achieved through 9VAC25-31-165 B 2 b (1) and (2).
(iv) Verification monitoring plan. Include in the study a plan to conduct, at a minimum, two years of monitoring to verify the full-scale performance of the proposed or implemented technologies or operational measures. The verification study must begin at the start of operations of the cooling water intake structure and continue for a sufficient period of time to demonstrate that the facility is reducing the level of impingement and entrainment to the level documented in 9VAC25-31-165 B 4 c (2) (d) (ii). The plan must describe the frequency of monitoring and the parameters to be monitored. The department will use the verification monitoring to confirm that the level of impingement mortality and entrainment reduction required in is met and that the operation of the technology has been optimized. Include a plan to conduct monitoring to verify that restoration measures will maintain the fish and shellfish in the water body to a substantially similar level as that which would be achieved through 9VAC25-31-165 B 2 b (1) and (2).
5. Monitoring. The owner or operator of a new facility will be required to perform monitoring to demonstrate compliance with the requirements specified in 9VAC25-31-165 B 2.
a. Biological monitoring. Monitor both impingement and entrainment of the commercial, recreational, and forage base fish and shellfish species identified in either the Source Water Baseline Biological Characterization data or the Comprehensive Demonstration Study, depending on whether compliance with Track I or Track II was chosen. The monitoring methods used must be consistent with those used for the Source Water Baseline Biological Characterization or the Comprehensive Demonstration Study. Follow the monitoring frequencies identified below for at least two years after the initial permit issuance.
(1) Impingement sampling. Collect samples to monitor impingement rates (simple enumeration) for each species over a 24-hour period and no less than once per month when the cooling water intake structure is in operation.
(2) Entrainment sampling. Collect samples to monitor entrainment rates (simple enumeration) for each species over a 24-hour period and no less than biweekly during the primary period of reproduction, larval recruitment, and peak abundance identified during the Source Water Baseline Biological Characterization or the Comprehensive Demonstration Study. Collect samples only when the cooling water intake structure is in operation.
b. Velocity monitoring. If the facility uses surface intake screen systems, monitor head loss across the screens and correlate the measured value with the design intake velocity. The head loss across the intake screen must be measured at the minimum ambient source water surface elevation (best professional judgment based on available hydrological data). The maximum head loss across the screen for each cooling water intake structure must be used to determine compliance with the velocity requirement in 9VAC25-31-165 B 2 b (2) or c (1). If the facility uses devices other than surface intake screens, monitor velocity at the point of entry through the device. Monitor head loss or velocity during initial facility startup, and thereafter, at the frequency specified in the VPDES permit.
c. Visual or remote inspections. Conduct visual inspections or employ remote monitoring devices during the period the cooling water intake structure is in operation. Conduct visual inspections at least weekly to ensure that any design and construction technologies are maintained and operated to ensure that they will continue to function as designed. Alternatively, inspect via remote monitoring devices to ensure that the impingement and entrainment technologies are functioning as designed.
6. Records and reporting. The owner or operator of a new facility is required to keep records and report information and data to the department as follows:
a. Keep records of all the data used to complete the permit application and show compliance with the requirements, any supplemental information developed under 9VAC25-31-165 B 4, and any compliance monitoring data submitted under 9VAC25-31-165 B 5, for a period of at least three years from the date of permit issuance. The department may require that these records be kept for a longer period.
b. Provide the following to the department in a yearly status report:
(1) Biological monitoring records for each cooling water intake structure as required by 9VAC25-31-165 B 5 a;
(2) Velocity and head loss monitoring records for each cooling water intake structure as required by 9VAC25-31-165 B 5 b; and
(3) Records of visual or remote inspections as required in 9VAC25-31-165 B 5 c.
C. Cooling water intake structures for Phase II
existing facilities.
1. Applicability.
a. An existing facility, as defined in 9VAC25-31-165 A, is
a Phase II existing facility subject to this section if it meets each of the
following criteria:
(1) It is a point source.
(2) It uses or proposes to use cooling water intake
structures with a total design intake flow of 50 million gallons per day (MGD)
or more to withdraw cooling water from state waters;
(3) As its primary activity, the facility both generates
and transmits electric power, or generates electric power but sells it to
another entity for transmission; and
(4) It uses at least 25% of water withdrawn exclusively for
cooling purposes, measured on an average annual basis.
b. In the case of a Phase II existing facility that is
co-located with a manufacturing facility, only that portion of the combined
cooling water intake flow that is used by the Phase II facility to generate
electricity for sale to another entity will be considered for purposes of
determining whether the 50 MGD and 25% criteria in 9VAC25-31-165 C 1 a (2) and
(4) have been exceeded.
c. Use of a cooling water intake structure includes
obtaining cooling water by any sort of contract or arrangement with one or more
independent suppliers of cooling water if the supplier withdraws water from
state waters but is not itself a Phase II existing facility, except as provided
in 9VAC25-31-165 C 1 d.
d. Notwithstanding subdivision 1 c of this subsection,
obtaining cooling water from a public water system or using treated effluent as
cooling water does not constitute use of a cooling water intake structure for
purposes of this section.
2. Establishing best technology available requirements for
Phase II Existing facilities.
a. Compliance alternatives. Phase II existing facilities
must select and implement one of the following five alternatives for establishing
best technology available for minimizing adverse environmental impact at the
facility:
(1) Flow and velocity reduction.
(a) Demonstrate to the department a reduction, or planned
reduction in flow commensurate with a closed-cycle recirculating system. In
this case, the applicable performance standards are deemed to be met and the
facility will not be required to demonstrate further that it meets the
impingement mortality and entrainment performance standards specified in
subdivision 2 b of this subsection. In addition, the facility is not subject to
the requirements in 9VAC25-31-165 C 3, C 4, or C 5. However, the facility may
still be subject to more stringent requirements established under subdivision 2
e of this subsection; or
(b) Demonstrate to the department that a reduction, or
planned reduction in the maximum through-screen design intake velocity to 0.5
ft/s or less. In this case, the facility is deemed to have met the impingement
mortality performance standards and will not be required to demonstrate further
that it meets the performance standards for impingement mortality specified in
subdivision 2 b of this subsection, and the facility is not subject to the
requirements in 9VAC25-31-165 C 3, C 4, or C 5 as they apply to impingement
mortality. However, the facility may still be subject to applicable
requirements for entrainment reduction and may still be subject to more
stringent requirements established under subdivision 2 e of this subsection.
(2) Demonstrate to the department that the existing design
and construction technologies, operational measures, and/or restoration
measures meet the performance standards specified in subdivision 2 b of this
subsection and/or the restoration requirements in subdivision 2 c of this
subsection.
(3) Demonstrate to the department that the facility has
selected, and will install and properly operate and maintain, design and
construction technologies, operational measures, and/or restoration measures
that will, in combination with any existing design and construction
technologies, operational measures, and/or restoration measures, meet the
performance standards specified in subdivision 2 b of this subsection and/or
the restoration requirements in subdivision 2 c of this subsection;
(4) Demonstrate to the department that the facility has
installed, or will install, and properly operate and maintain an approved
design and construction technology in accordance with 9VAC25-31-165 C 6; or
(5) Demonstrate to the department that the facility has
selected, installed, and is properly operating and maintaining, or will install
and properly operate and maintain design and construction technologies,
operational measures, and/or restoration measures that the department has
determined to be the best technology available to minimize adverse
environmental impact for the facility in accordance with 9VAC25-31-165 C 2 a
(5) (a) or (b).
(a) If the department determines that data specific to the
facility demonstrate that the costs of compliance under alternatives in
9VAC25-31-165 C 2 a (2) through (4) would be significantly greater than the
costs considered by the EPA Administrator for similar facilities in
establishing the applicable performance standards in subdivision 2 b of this
subsection, the department must make a site-specific determination of the best
technology available for minimizing adverse environmental impact. This
determination must be based on reliable, scientifically valid cost and
performance data submitted by the facility and any other information that the
department deems appropriate. The department must establish site-specific
alternative requirements based on new and/or existing design and construction
technologies, operational measures, and/or restoration measures that achieve an
efficacy that is, in the judgment of the department, as close as practicable to
the applicable performance standards in 9VAC25-31-165 C 2 b of this section,
without resulting in costs that are significantly greater than the costs
considered by the EPA administrator for similar facilities in establishing the
applicable performance standards. The site-specific determination may conclude
that design and construction technologies, operational measures, and/or
restoration measures in addition to those already in place are not justified
because of the significantly greater costs. To calculate the costs considered
by the EPA administrator for a similar facility in establishing the applicable
performance standards:
(i) Determine which technology the EPA administrator
modeled as the most appropriate compliance technology for the facility;
(ii) Using the EPA administrator''s costing equations,
calculate the annualized capital and net operation and maintenance (O&M)
costs for a facility with the same design intake flow using this technology;
(iii) Determine the annualized net revenue loss associated
with net construction downtime that the EPA administrator modeled for the
facility to install this technology;
(iv) Determine the annualized pilot study costs that the
EPA Administrator modeled for the facility to test and optimize this
technology;
(v) Sum the cost items in 9VAC25-31-165 C 2 a (5) (a) (ii),
(iii), and (iv); and
(vi) Determine if the performance standards that form the
basis of these estimates (i.e., impingement mortality reduction only or
impingement mortality and entrainment reduction) are applicable to the
facility, and if necessary, adjust the estimates to correspond to the
applicable performance standards.
(b) If the department determines that data specific to the facility
demonstrate that the costs of compliance under alternatives in 9VAC25-31-165 C
2 a (2) through (4) of this section would be significantly greater than the
benefits of complying with the applicable performance standards at the
facility, the department must make a site-specific determination of best
technology available for minimizing adverse environmental impact. This
determination must be based on reliable, scientifically valid cost and
performance data submitted by the facility and any other information the
department deems appropriate. The department must establish site-specific
alternative requirements based on new and/or existing design and construction
technologies, operational measures, and/or restoration measures that achieve an
efficacy that, in the judgment of the department, is as close as practicable to
the applicable performance standards in 9VAC25-31-165 C 2 b without resulting
in costs that are significantly greater than the benefits at the facility. The
director''s site-specific determination may conclude that design and
construction technologies, operational measures, and/or restoration measures in
addition to those already in place are not justified because the costs would be
significantly greater than the benefits at the facility.
b. Performance standards.
(1) Impingement mortality performance standards. If
compliance alternatives in 9VAC25-31-165 C 2 a (2), a (3), or a (4) of this
section are chosen, the standard for impingement mortality is to reduce
impingement mortality for all life stages of fish and shellfish by 80 to 95%
from the calculation baseline.
(2) Entrainment performance standards. If compliance
alternatives in 9VAC25-31-165 C 2 a (1) (b), a (2), a (3), or a (4) are chosen,
the standard for entrainment is to reduce entrainment of all life stages of
fish and shellfish by 60 to 90% from the calculation baseline if:
(a) The facility has a capacity utilization rate of 15% or
greater, and
(b) The facility uses:
(i) Cooling water withdrawn from a tidal river, estuary or
ocean; or
(ii) The facility uses cooling water withdrawn from a
freshwater river or stream and the design intake flow of the cooling water
intake structures is greater than 5.0% of the mean annual flow.
(3) Additional performance standards for facilities withdrawing
from a lake or a reservoir. If the facility withdraws cooling water from a lake
or a reservoir and the facility proposes to increase the design intake flow of
cooling water intake structures it uses, the increased design intake flow must
not disrupt the natural thermal stratification or turnover pattern (where
present) of the source water, except in cases where the disruption does not
adversely affect the management of fisheries. In determining whether any such
disruption does not adversely affect the management of fisheries, the facility
must consult with state fish and wildlife management agencies.
(4) Use of performance standards for site-specific
determinations of best technology available. The performance standards in
9VAC25-31-165 C 2 b (1) through (3) must also be used for determining
eligibility for site-specific determinations of best technology available for
minimizing adverse environmental impact and establishing site specific
requirements that achieve an efficacy as close as practicable to the applicable
performance standards without resulting in costs that are significantly greater
than those considered by the EPA administrator for a similar facility in
establishing the performance standards or costs that are significantly greater
than the benefits at the facility.
c. Requirements for restoration measures. With the approval
of the department, the facility may implement and adaptively manage restoration
measures that produce and result in increases of fish and shellfish in the facility''s
watershed in place of or as a supplement to installing design and control
technologies and/or adopting operational measures that reduce impingement
mortality and entrainment. Demonstration must be made to the department that:
(1) The facility has evaluated the use of design and
construction technologies and operational measures and determined that the use
of restoration measures is appropriate because meeting the applicable
performance standards or site-specific requirements through the use of design
and construction technologies and/or operational measures alone is less
feasible, less cost effective, or less environmentally desirable than meeting
the standards or requirements in whole or in part through the use of
restoration measures; and
(2) The restoration measures to be implemented, alone or in
combination with design and construction technologies and/or operational
measures, will produce ecological benefits (fish and shellfish), including
maintenance or protection of community structure and function in the facility''s
water body or watershed, at a level that is substantially similar to the level
achieved by meeting the applicable performance standards under 9VAC25-31-165 C
2 b, or that satisfies alternative site-specific requirements established
pursuant to 9VAC25-31-165 C 2 a (5).
d. Compliance using a technology installation and operation
plan or restoration plan.
(1) If the facility chooses one of the compliance
alternatives in 9VAC25-31-165 C 2 a (2), (3), (4), or (5), it may request that
compliance with the requirements of 9VAC25-31-165 C 2 b during the first permit
containing requirements consistent with this section be determined based on
whether the facility has complied with the construction, operational,
maintenance, monitoring, and adaptive management requirements of a Technology
Installation and Operation Plan developed in accordance with 9VAC25-31-165 C 3
b (4) (b) (for any design and construction technologies and/or operational
measures) and/or a Restoration Plan developed in accordance with 9VAC25-31-165
C 3 b (5) (for any restoration measures). The Technology Installation and
Operation Plan must be designed to meet applicable performance standards in
9VAC25-31-165 C 2 b or alternative site-specific requirements developed pursuant
to 9VAC25-31-165 C 2 a (5). The Restoration Plan must be designed to achieve
compliance with the applicable requirements 9VAC25-31-165 C 2 c.
(2) During subsequent permit terms, if the facility
selected and installed design and construction technologies and/or operational
measures and has been in compliance with the construction, operational,
maintenance, monitoring, and adaptive management requirements of the Technology
Installation and Operation Plan during the preceding permit term, it may
request that compliance with the requirements of 9VAC25-31-165 C 2 during the
following permit term be determined based on whether the facility remains in
compliance with the Technology Installation and Operation Plan, revised in
accordance with the adaptive management plan in 9VAC25-31-165 C 3 b (4) (b)
(iii) if applicable performance standards are not met. Each request and
approval of a Technology Installation and Operation Plan shall be limited to
one permit term.
(3) During subsequent permit terms, if the facility
selected and installed restoration measures and has been in compliance with the
construction, operational, maintenance, monitoring, and adaptive management
requirements in the Restoration Plan during the preceding permit term, it may
request that compliance with the requirements of this section during the
following permit term be determined based on whether the facility remains in
compliance with the Restoration Plan, revised in accordance with the adaptive
management plan in 9VAC25-31-165 C 3 b (5) (e) if applicable performance
standards are not met. Each request and approval of a Restoration Plan shall be
limited to one permit term.
e. More stringent standards. The department may establish
more stringent requirements as best technology available for minimizing adverse
environmental impact if the department determines that compliance with the
applicable requirements of this section would not meet the requirements of
applicable state law.
f. Nuclear facilities. If it is demonstrated to the
department based on consultation with the Nuclear Regulatory Commission that
compliance with this subpart would result in a conflict with a safety
requirement established by the commission, the department must make a
site-specific determination of best technology available for minimizing adverse
environmental impact that would not result in a conflict with the Nuclear
Regulatory Commission''s safety requirement.
3. Application information requirements.
a. Items to be submitted to the department are:
(1) The proposal for information collection required in
9VAC25-31-165 C 2 b (1) prior to the start of information collection
activities;
(2) The information required in 9VAC25-31-100 Q and any
applicable portions of the Comprehensive Demonstration Study, except for the
proposal for information collection required by 9VAC25-31-165 C 2 b (1); and
(a) The VPDES permit application in accordance with the
time frames specified in 9VAC25-31-100.
(b) If the existing permit expires before July 9, 2008, the
facility may request that the department establish a schedule for submission of
the information required by this section as expeditiously as practicable, but
not later than January 7, 2008. Between the time the existing permit expires
and the time a VPDES permit containing requirements consistent with this
section is issued to the facility, the best technology available to minimize
adverse environmental impact will continue to be determined based on the
department''s best professional judgment.
(3) In subsequent permit terms, the department may approve
a request to reduce the information required to be submitted in the permit
application on the cooling water intake structure(s) and the source water body,
if conditions at the facility and in the water body remain substantially unchanged
since the previous application. The request for reduced cooling water intake
structure and water body application information must be submitted to the
department at least one year prior to the expiration of the permit. The request
must identify each required information item in 9VAC25-31-100 Q and this
section that has not substantially changed since the previous permit
application and the basis for the determination.
b. Comprehensive Demonstration Study. The purpose of the
Comprehensive Demonstration Study is to characterize impingement mortality and
entrainment, to describe the operation of the cooling water intake structures,
and to confirm that the technologies, operational measures, and/or restoration
measures selected and installed, or to be installed, at the facility meet the
applicable requirements of 9VAC25-31-165 C 2. All facilities except those that
have met the applicable requirements in accordance with 9VAC25-31-165 C 2 a (1)
(a), 9VAC25-31-165 C 2 a (1) (b), and 9VAC25-31-165 C 2 a (4) must submit all
applicable portions of the Comprehensive Demonstration Study to the department
in accordance with 9VAC25-31-165 C 2 a. Facilities that meet the requirements
in 9VAC25-31-165 C 2 a (1) (a) by reducing their flow commensurate with a
closed-cycle, recirculating system are not required to submit a Comprehensive
Demonstration Study. Facilities that meet the requirements in 9VAC25-31-165 C 2
a (1) (b) by reducing their design intake velocity to 0.5 ft/sec or less are
required to submit a study only for the entrainment requirements, if
applicable. Facilities that meet the requirements in 9VAC25-31-165 C 2 a (4)
and have installed and properly operate and maintain an approved design and
construction technology are required to submit only the Technology Installation
and Operation Plan in 9VAC25-31-165 C 2 b (4) and the Verification Monitoring
Plan in 9VAC25-31-165 C 2 b (7). Facilities that are required to meet only
impingement mortality performance standards in 9VAC25-31-165 C 2 b (1) are
required to submit only a study for the impingement mortality reduction
requirements. The Comprehensive Demonstration Study must include:
(1) Proposal For Information Collection. Submit to the
department for review and comment a description of the information to be used to
support the study. The proposal for information must be submitted prior to the
start of information collection activities, such activities may be initiated
prior to receiving comment from the department. The proposal must include:
(a) A description of the proposed and/or implemented
technologies, operational measures, and/or restoration measures to be evaluated
in the study;
(b) A list and description of any historical studies
characterizing impingement mortality and entrainment and/or the physical and biological
conditions in the vicinity of the cooling water intake structures and their
relevance to this proposed study. If existing data is to be used, demonstrate
the extent to which the data are representative of current conditions and that
the data were collected using appropriate quality assurance/quality control
procedures;
(c) A summary of any past or ongoing consultations with
appropriate fish and wildlife agencies that are relevant to this study and a
copy of written comments received as a result of such consultations; and
(d) A sampling plan for any new field studies proposed in
order to ensure sufficient data to develop a scientifically valid estimate of
impingement mortality and entrainment at the site is provided. The sampling
plan must document all methods and quality assurance/quality control procedures
for sampling and data analysis. The sampling and data analysis methods must be
appropriate for a quantitative survey and include consideration of the methods
used in other studies performed in the source water body. The sampling plan
must include a description of the study area (including the area of influence
of the cooling water intake structure(s)), and provide a taxonomic
identification of the sampled or evaluated biological assemblages (including
all life stages of fish and shellfish).
(2) Source water body flow information. Submit to the
department the following source water body flow information:
(a) If the cooling water intake structure is located in a
freshwater river or stream, provide the annual mean flow of the water body and
any supporting documentation and engineering calculations to support the
analysis of whether the design intake flow is greater than 5.0% of the mean
annual flow of the river or stream for purposes of determining applicable
performance standards under 9VAC25-31-165 C 2 b. Representative historical data
(from a period of time up to 10 years, if available) must be used; and
(b) If the cooling water intake structure is located in a
lake or a reservoir and an increase in design intake flow is proposed, provide
a description of the thermal stratification in the water body, and any
supporting documentation and engineering calculations to show that the total
design intake flow after the increase will not disrupt the natural thermal
stratification and turnover pattern in a way that adversely impacts fisheries,
including the results of any consultations with fish and wildlife management
agencies.
(3) Impingement Mortality and/or Entrainment
Characterization Study. Submit to the department an Impingement Mortality
and/or Entrainment Characterization Study for the purpose of providing
information to support the development of a calculation baseline for evaluating
impingement mortality and entrainment and to characterize current impingement
mortality and entrainment. The Impingement Mortality and/or Entrainment
Characterization Study must include the following in sufficient detail to
support development of the other elements of the Comprehensive Demonstration
Study:
(a) Taxonomic identifications of all life stages of fish,
shellfish, and any species protected under federal or state law (including
threatened or endangered species) that are in the vicinity of the cooling water
intake structure(s) and are susceptible to impingement and entrainment;
(b) A characterization of all life stages of fish,
shellfish, and any species protected under federal or state law (including
threatened or endangered species) identified pursuant to 9VAC25-31-165 C 2 b
(3) (a), including a description of the abundance and temporal and spatial
characteristics in the vicinity of the cooling water intake structure(s), based
on sufficient data to characterize annual, seasonal, and diel variations in
impingement mortality and entrainment (e.g., related to climate and weather
differences, spawning, feeding and water column migration). These may include
historical data that are representative of the current operation of the
facility and of biological conditions at the site;
(c) Documentation of the current impingement mortality and
entrainment of all life stages of fish, shellfish, and any species protected
under federal or state law (including threatened or endangered species)
identified pursuant to 9VAC25-31-165 C 2 b (3) (a) and an estimate of
impingement mortality and entrainment to be used as the calculation baseline.
The documentation may include historical data that are representative of the
current operation of the facility and of biological conditions at the site.
Impingement mortality and entrainment samples to support the calculations
required in 9VAC25-31-165 C 2 b (4) (a) (iii) and b (5) (c) must be collected
during periods of representative operational flows for the cooling water intake
structure and the flows associated with the samples must be documented;
(4) Technology and compliance assessment information.
(a) Design and Construction Technology Plan. If design and
construction technologies and/or operational measures are proposed, in whole or
in part, to meet the requirements of 9VAC25-31-165 C 2 a (2) or (3), submit a
Design and Construction Technology Plan to the department for review and
approval. In the plan, provide the capacity utilization rate for the facility
or for individual intake structures where applicable, and provide supporting data
(including the average annual net generation of the facility in MWh measured
over a five-year period if available) of representative operating conditions
and the total net capacity of the facility in MW and underlying calculations.
The plan must explain the technologies and/or operational measures in place
and/or selected to meet the requirements in 9VAC25-31-165 C 2 (examples of
potentially appropriate technologies may include, but are not limited to,
wedgewire screens, fine mesh screens, fish handling and return systems, barrier
nets, aquatic filter barrier systems, vertical and/or lateral relocation of the
cooling water intake structure, and enlargement of the cooling water intake
structure opening to reduce velocity. Examples of potentially appropriate
operational measures may include, but are not limited to, seasonal shutdowns,
reductions in flow, and continuous or more frequent rotation of traveling
screens.) The plan must contain the following information:
(i) A narrative description of the design and operation of
all design and construction technologies and/or operational measures (existing
and proposed), including fish handling and return systems, that are in place or
will be used to meet the requirements to reduce impingement mortality of those species
expected to be most susceptible to impingement, and information that
demonstrates the efficacy of the technologies and/or operational measures for
those species;
(ii) A narrative description of the design and operation of
all design and construction technologies and/or operational measures (existing
and proposed) that are in place or will be used to meet the requirements to
reduce entrainment of those species expected to be the most susceptible to
entrainment, if applicable, and information that demonstrates the efficacy of
the technologies and/or operational measures for those species;
(iii) Calculations of the reduction in impingement
mortality and entrainment of all life stages of fish and shellfish that would
be achieved by the technologies and/or operational measures selected based on
the Impingement Mortality and/or Entrainment Characterization Study in
9VAC25-31-165 C 2 b (3). In determining compliance with any requirements to
reduce impingement mortality or entrainment, assess the total reduction in
impingement mortality and entrainment against the calculation baseline
determined in accordance with 9VAC25-31-165 C 2 b (3). Reductions in
impingement mortality and entrainment from this calculation baseline as a
result of any design and construction technologies and/or operational measures
already implemented at the facility should be added to the reductions expected
to be achieved by any additional design and/or construction technologies and
operational measures that will be implemented, and any increases in fish and
shellfish within the water body attributable to the restoration measures.
Facilities that recirculate a portion of their flow, but do not reduce flow
sufficiently to satisfy the compliance option in 9VAC25-31-165 C 2 a (1) (a)
may take into account the reduction in impingement mortality and entrainment
associated with the reduction in flow when determining the net reduction
associated with existing design and construction technologies and/or
operational measures. This estimate must include a site-specific evaluation of
the suitability of the technologies and/or operational measures based on the
species that are found at the site, and may be determined based on
representative studies (i.e., studies that have been conducted at a similar facility''s
cooling water intake structures located in the same water body type with
similar biological characteristics) and/or site-specific technology prototype
or pilot studies; and
(iv) Design and engineering calculations, drawings, and
estimates prepared by a qualified professional to support the descriptions
required by 9VAC25-31-165 C 2 b (4) a) (i) and (ii).
(b) Technology Installation and Operation Plan. If the
compliance alternative in 9VAC25-31-165 C 2 a (2), (3), (4), or (5) is chosen
and design and construction technologies and/or operational measures are to be
used in whole or in part to comply with the applicable requirements of
9VAC25-31-165 C 2, submit the following information with the application for
review and approval by the department:
(i) A schedule for the installation and maintenance of any
new design and construction technologies. Any downtime of generating units to
accommodate installation and/or maintenance of these technologies should be
scheduled to coincide with otherwise necessary downtime (e.g., for repair,
overhaul, or routine maintenance of the generating units) to the extent
practicable. Where additional downtime is required, coordinate scheduling of
this downtime with the North American Electric Reliability Council and/or other
generators in the area to ensure that impacts to reliability and supply are
minimized;
(ii) A list of operational and other parameters to be
monitored, and the location and frequency of monitoring;
(iii) A list of activities to be undertaken to ensure to
the degree practicable the efficacy of installed design and construction
technologies and operational measures, and the schedule for implementing them;
(iv) A schedule and methodology for assessing the efficacy
of any installed design and construction technologies and operational measures
in meeting applicable performance standards or site-specific requirements,
including an adaptive management plan for revising design and construction
technologies, operational measures, operation and maintenance requirements,
and/or monitoring requirements if the assessment indicates that applicable
performance standards or site-specific requirements are not being met; and
(v) If the compliance alternative in 9VAC25-31-165 C 2 a
(4) is chosen, documentation that the appropriate site conditions exist at the
facility.
(5) Restoration plan. If restoration measures are proposed,
in whole or in part, to meet the applicable requirements in 9VAC25-31-165 C 2,
submit the following information with the application for review and approval
by the department. Address species of concern identified in consultation with
federal and state fish and wildlife management agencies with responsibility for
fisheries and wildlife potentially affected by the cooling water intake
structure(s).
(a) A demonstration to the department that evaluation has
been made of the use of design and construction technologies and/or operational
measures for the facility and an explanation of how it was determined that
restoration would be more feasible, cost effective, or environmentally
desirable;
(b) A narrative description of the design and operation of
all restoration measures (existing and proposed) that are in place or will be
used to produce fish and shellfish;
(c) Quantification of the ecological benefits of the
proposed restoration measures. Use information from the Impingement Mortality
and/or Entrainment Characterization Study required in 9VAC25-31-165 C 2 b (3),
and any other available and appropriate information, to estimate the reduction
in fish and shellfish impingement mortality and/or entrainment that would be
necessary for the facility to comply with 9VAC25-31-165 C 2 c (2). Then
calculate the production of fish and shellfish that will be achieved with the
restoration measures installed. Include a discussion of the nature and
magnitude of uncertainty associated with the performance of these restoration
measures. Also include a discussion of the time frame within which these
ecological benefits are expected to accrue;
(d) Design calculations, drawings, and estimates to
document that the proposed restoration measures in combination with design and
construction technologies and/or operational measures, or alone, will meet the
requirements of 9VAC25-31-165 C 2 c (2). If the restoration measures address
the same fish and shellfish species identified in the Impingement Mortality
and/or Entrainment Characterization Study (in-kind restoration), demonstrate
that the restoration measures will produce a level of these fish and shellfish
substantially similar to that which would result from meeting applicable
performance standards in 9VAC25-31-165 C 2 b, or that they will satisfy
site-specific requirements established pursuant to 9VAC25-31-165 C 2 a (5). If
the restoration measures address fish and shellfish species different from
those identified in the Impingement Mortality and/or Entrainment
Characterization Study (out-of-kind restoration), demonstrate that the
restoration measures produce ecological benefits substantially similar to or
greater than those that would be realized through in-kind restoration. Such a
demonstration should be based on a watershed approach to restoration planning
and consider applicable multiagency watershed restoration plans, site-specific
peer-reviewed ecological studies, and/or consultation with appropriate federal
and state fish and wildlife management agencies.
(e) A plan utilizing an adaptive management method for
implementing, maintaining, and demonstrating the efficacy of the restoration
measures selected and for determining the extent to which the restoration
measures, or the restoration measures in combination with design and
construction technologies and operational measures, have met the applicable
requirements of 9VAC25-31-165 C 2 c (2). The plan must include:
(i) A monitoring plan that includes a list of the
restoration parameters that will be monitored, the frequency of monitoring, and
success criteria for each parameter;
(ii) A list of activities to be undertaken to ensure the efficacy
of the restoration measures, a description of the linkages between these
activities and the items in 9VAC25-31-165 C 2 b (5) (e) (i) of this section,
and an implementation schedule; and
(iii) A process for revising the Restoration Plan as new
information, including monitoring data, becomes available, if the applicable
requirements under 9VAC25-31-165 C 2 c (2) are not being met.
(f) A summary of any past or ongoing consultation with appropriate
federal or state fish and wildlife management agencies on the use of
restoration measures including a copy of any written comments received as a
result of such consultations;
(g) If requested by the department, a peer review of the
items submitted for the Restoration Plan. Choose the peer reviewers in
consultation with the department that may consult with EPA and federal and
state fish and wildlife management agencies with responsibility for fish and
wildlife potentially affected by the cooling water intake structure(s). Peer
reviewers must have appropriate qualifications (e.g., in the fields of geology,
engineering, and/or biology, etc.) depending upon the materials to be reviewed;
and
(h) A description of the information to be included in a biannual
status report to the department.
(6) Information to support site-specific determination of
best technology available for minimizing adverse environmental impact. If a
site-specific determination of best technology available for minimizing adverse
environmental impact pursuant to 9VAC25-31-165 C 2 a (5) (a) is requested
because of costs significantly greater than those considered by the EPA
administrator for a similar facility in establishing the applicable performance
standards of 9VAC25-31-165 C 2 b, the facility is required to provide to the
department the information specified in 9VAC25-31-165 C 2 b (6) (a) and b (6)
(c). If a site-specific determination of best technology available for
minimizing adverse environmental impact pursuant to 9VAC25-31-165 C 2 a (5) (b)
is requested because of costs significantly greater than the benefits of
meeting the applicable performance standards of 9VAC25-31-165 C 2 b at the
facility, provide the information specified in 9VAC25-31-165 C 2 b (6) (a), b
(6) (b), and b (6) (c):
(a) Comprehensive Cost Evaluation Study. Perform and submit
the results of a Comprehensive Cost Evaluation Study, that includes:
(i) Engineering cost estimates in sufficient detail to
document the costs of implementing design and construction technologies,
operational measures, and/or restoration measures at the facility that would be
needed to meet the applicable performance standards of 9VAC25-31-165 C 2 b;
(ii) A demonstration that the costs documented in
9VAC25-31-165 C 2 b (6) (a) (i) significantly exceed either those considered by
the EPA administrator for a similar facility in establishing the applicable
performance standards or the benefits of meeting the applicable performance
standards at the facility; and
(iii) Engineering cost estimates in sufficient detail to
document the costs of implementing the design and construction technologies,
operational measures, and/or restoration measures in the Site-Specific
Technology Plan developed in accordance with 9VAC25-31-165 C 2 b (6) (c).
(b) Benefits Valuation Study. If the facility is seeking a
site-specific determination of best technology available for minimizing adverse
environmental impact because of costs significantly greater than the benefits
of meeting the applicable performance standards of 9VAC25-31-165 C 2 b, use a
comprehensive methodology to fully value the impacts of impingement mortality
and entrainment at the site and the benefits achievable by meeting the
applicable performance standards. In addition to the valuation estimates, the
benefit study must include the following:
(i) A description of the methodology(ies) used to value
commercial, recreational, and ecological benefits (including any nonuse
benefits, if applicable);
(ii) Documentation of the basis for any assumptions and
quantitative estimates. If use of an entrainment survival rate other than zero
is planned, submit a determination of entrainment survival at the facility
based on a study approved by the department;
(iii) An analysis of the effects of significant sources of
uncertainty on the results of the study; and
(iv) If requested by the department, a peer review of the
items submitted in the Benefits Valuation Study. Choose the peer reviewers in
consultation with the department that may consult with EPA and federal and
state fish and wildlife management agencies with responsibility for fish and
wildlife potentially affected by the cooling water intake structure. Peer
reviewers must have appropriate qualifications depending upon the materials to
be reviewed.
(v) A narrative description of any nonmonetized benefits
that would be realized at the site if the applicable performance standards were
met and a qualitative assessment of their magnitude and significance.
(c) Site-Specific Technology Plan. Based on the results of
the Comprehensive Cost Evaluation Study required by 9VAC25-31-165 C 2 b (6)
(a), and the Benefits Valuation Study required by 9VAC25-31-165 C 2 b (6) (b),
if applicable, submit a Site-Specific Technology Plan to the department for
review and approval. The plan must contain the following information:
(i) A narrative description of the design and operation of
all existing and proposed design and construction technologies, operational
measures, and/or restoration measures selected in accordance with 9VAC25-31-165
C 2 a (5);
(ii) An engineering estimate of the efficacy of the
proposed and/or implemented design and construction technologies or operational
measures, and/or restoration measures. This estimate must include a
site-specific evaluation of the suitability of the technologies or operational
measures for reducing impingement mortality and/or entrainment (as applicable)
of all life stages of fish and shellfish based on representative studies (e.g.,
studies that have been conducted at cooling water intake structures located in
the same water body type with similar biological characteristics) and, if
applicable, site-specific technology prototype or pilot studies. If restoration
measures will be used, provide a Restoration Plan that includes the elements
described in 9VAC25-31-165 C 2 b (5).
(iii) A demonstration that the proposed and/or implemented
design and construction technologies, operational measures, and/or restoration
measures achieve an efficacy that is as close as practicable to the applicable
performance standards of 9VAC25-31-165 C 2 b without resulting in costs
significantly greater than either the costs considered by the EPA Administrator
for a similar facility in establishing the applicable performance standards, or
as appropriate, the benefits of complying with the applicable performance
standards at the facility;
(iv) Design and engineering calculations, drawings, and
estimates prepared by a qualified professional to support the elements of the
plan.
(7) Verification Monitoring Plan. If using compliance
alternatives in 9VAC25-31-165 C 2 a (2), (3), (4), or (5) with design and
construction technologies and/or operational measures, submit a plan to
conduct, at a minimum, two years of monitoring to verify the full-scale
performance of the proposed or already implemented technologies and/or
operational measures. The verification study must begin once the design and
construction technologies and/or operational measures are installed and
continue for a period of time that is sufficient to demonstrate to the
department whether the facility is meeting the applicable performance standards
in 9VAC25-31-165 C 2 b or site-specific requirements developed pursuant to
9VAC25-31-165 C 2 a (5). The plan must provide the following:
(a) A description of the frequency and duration of
monitoring, the parameters to be monitored, and the basis for determining the
parameters and the frequency and duration for monitoring. The parameters
selected and duration and frequency of monitoring must be consistent with any
methodology for assessing success in meeting applicable performance standards
in the Technology Installation and Operation Plan as required by 9VAC25-31-165
C 2 b (4) (b).
(b) A proposal on how naturally moribund fish and shellfish
that enter the cooling water intake structure would be identified and taken
into account in assessing success in meeting the performance standards in
9VAC25-31-165 C 2 b.
(c) A description of the information to be included in a
biannual status report to the department.
4. Monitoring. The owner or operator of a Phase II existing
facility must perform monitoring, as applicable, in accordance with the
Technology Installation and Operation Plan required by 9VAC25-31-165 C 3 b (4)
(b), the Restoration Plan required by 9VAC25-31-165 C 3 b (5), the Verification
Monitoring Plan required by 9VAC25-31-165 C 3 b (7), and any additional
monitoring specified by the department to demonstrate compliance with the
applicable requirements of 9VAC25-31-165 C 2.
5. Records and reporting. The owner or operator of a Phase
II existing facility is required to keep records and report information and
data to the department as follows:
a. Keep records of all the data used to complete the permit
application and show compliance with the requirements of 9VAC25-31-165 C 2, any
supplemental information developed under 9VAC25-31-165 C 3, and any compliance
monitoring data submitted under 9VAC25-31-165 C 4, for a period of at least
three years from date of permit issuance. The department may require that these
records be kept for a longer period.
b. Submit a status report to the department for review
every two years that includes appropriate monitoring data and other information
as specified by the department.
6. Approved design and construction technologies.
a. The following technologies constitute approved design
and construction technologies for purposes of 9VAC25-31-165 C 2 a (4):
(1) Submerged cylindrical wedge-wire screen technology, if
the following conditions are met:
(a) The cooling water intake structure is located in a
freshwater river or stream;
(b) The cooling water intake structure is situated such
that sufficient ambient counter currents exist to promote cleaning of the
screen face;
(c) The maximum through-screen design intake velocity is
0.5 ft/s or less;
(d) The slot size is appropriate for the size of eggs,
larvae, and juveniles of all fish and shellfish to be protected at the site;
and
(e) The entire main condenser cooling water flow is directed
through the technology. Small flows totaling less than 2 MGD for auxiliary
plant cooling uses are excluded from this provision.
(2) A technology that has been approved in accordance with
the process described in 9VAC25-31-165 C 2 b.
Existing facilities that are not subject to requirements under this section must meet requirements under section 316(b) of the Clean Water Act determined by the department on a case-by-case, best professional judgment (BPJ) basis.
Statutory Authority
§62.1-44.15 (10) of the Code of Virginia; §402 of the Clean Water Act, 40 CFR Parts 122, 123, 124, 403 and 503.
Historical Notes
Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Volume 24, Issue 3, eff. November 14, 2007.