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[[pp. 17221-17225]] National Pollutant Discharge Elimination System--Proposed Regulations to Establish Requirements for Cooling Water Intake Structures at Phase II Existing Facilities
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 9, 2002 (Volume 67, Number 68)]
[Proposed Rules]
[Page 17221-17225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap02-30]
[[pp. 17221-17225]]
National Pollutant Discharge Elimination System--Proposed
Regulations to Establish Requirements for Cooling Water Intake
Structures at Phase II Existing Facilities
[[Continued from page 17220]]
[[Page 17221]]
institutional, heating, and/or cooling purposes at one or more host
facilities.
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 facility's intake flow
that is used for cooling purposes in Sec. 125.91(c).
Diel means sample variation in organismal abundance and density
over a 24-hour period due to the influence of water movement and
changes in light intensity.
Director means the same as defined in 40 CFR 122.2.
Existing facility means any facility that commenced construction
before January 17, 2002; and
(1) Any modification of such a facility;
(2) Any addition of a unit at such a facility for purposes of the
same industrial operation;
(3) Any addition of a unit at such a facility for purposes of a
different industrial operation, if the additional unit uses an existing
cooling water intake structure and the design capacity of the intake
structure is not increased; or
(4) Any facility constructed in place of such a facility, if the
newly constructed facility uses an existing cooling water intake
structure whose design intake flow is not increased to accommodate the
intake of additional cooling water.
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 non-
recirculating cooling towers to dissipate waste heat from the water
before it is discharged.
Phase II existing facility means any existing facility that meets
the criteria specified in Sec. 125.91.
Sec. 125.94 How will requirements reflecting best technology available
for minimizing adverse environmental impact be established for my Phase
II existing facility?
(a) You may choose one of the following three alternatives for
establishing best technology available for minimizing adverse
environmental impact at your site:
(1) You may demonstrate to the Director that your existing design
and construction technologies, operational measures, and/or restoration
measures meet the performance standards specified in paragraph (b) of
this section;
(2) You may demonstrate to the Director that you have selected
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 paragraph (b) of
this section; or
(3) You may demonstrate to the Director that a site-specific
determination of best technology available for minimizing adverse
environmental impact is appropriate for your site in accordance with
paragraph (c) of this section.
(b) Performance Standards. If you choose the alternative in
paragraphs (a)(1) or (a)(2) of this section, you must meet the
following performance standards:
(1) You must reduce your intake capacity to a level commensurate
with the use of a closed-cycle, recirculating cooling system; or
(2) You must reduce impingement mortality of all life stages of
fish and shellfish by
80 to 95 percent from the calculation baseline if your facility has a
capacity utilization rate less than 15 percent, or your facility's
design intake flow is 5 percent or less of the mean annual flow from a
freshwater river or stream; or
(3) You must reduce impingement mortality of all life stages of
fish and shellfish by
80 to 95 percent from the calculation baseline, and you must reduce
entrainment of all life stages of fish and shellfish by 60 to 90
percent from the calculation baseline if your facility has a capacity
utilization rate of 15 percent or greater and withdraws cooling water
from a tidal river or estuary, from an ocean, from one of the Great
Lakes, or your facility's design intake flow is greater than 5 percent
of the mean annual flow of a freshwater river or stream; or
(4) If your facility withdraws cooling water from a lake (other
than one of the Great Lakes) or reservoir:
(i) You must reduce impingement mortality of all life stages of
fish and shellfish by
80 to 95 percent from the calculation baseline; and
(ii) If you propose to increase your facility's design intake flow,
your increased 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 by any Federal, State or
Tribal fish or wildlife management agency(ies) to be beneficial to the
management of fisheries.
(c)(1) Site-Specific Determination of Best Technology Available. If
you choose the alternative in paragraph (a)(3) of this section, you
must demonstrate to the Director that your costs of compliance with the
applicable performance standards in paragraph (b) of this section would
be significantly greater than the costs considered by the Administrator
when establishing such performance standards, or that your costs would
be significantly greater than the benefits of complying with such
performance standards at your site.
(2) If data specific to your facility indicate that your costs
would be significantly greater than those considered by the
Administrator in establishing the applicable performance standards, the
Director shall make a site-specific determination of best technology
available for minimizing adverse environmental impact that is based on
less costly design and construction technologies, operational measures,
and/or restoration measures to the extent justified by the
significantly greater cost. 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 of significantly greater costs.
(3) If data specific to your facility indicate that your costs
would be significantly greater than the benefits of complying with such
performance standards at your facility, the Director shall make a site-
specific determination of best technology available for minimizing
adverse environmental impact that is based on less costly design and
construction technologies, operational measures, and/or restoration
measures to the extent justified by the significantly greater costs.
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
your facility.
(d) Restoration Measures. In lieu of, or in combination with,
reducing impingement mortality and entrainment
[[Page 17222]]
by implementing design and construction technologies or operational
measures to comply with the performance standards specified in
paragraph (b) of this section or the Director's determination pursuant
to paragraph (c) of this section, you may, with the Director's
approval, employ restoration measures that will result in increases in
fish and shellfish in the watershed. You must demonstrate to the
Director that you are maintaining the fish and shellfish within the
waterbody, including community structure and function, to a level
comparable to those that would result if you were to employ design and
construction technologies or operational measures to meet that portion
of the requirements of paragraphs (b) or (c) of this section that you
are meeting through restoration. Your demonstration must address
species that the Director, in consultation with Federal, State, and
Tribal fish and wildlife management agencies with responsibility for
fisheries and wildlife potentially affected by your cooling water
intake structure, identifies as species of concern.
(e) More Stringent Standards. The Director may establish more
stringent requirements as best technology available for minimizing
adverse environmental impact if the Director determines that your
compliance with the applicable requirements of paragraphs (b) and (c)
of this section would not meet the requirements of other applicable
Federal, State, or Tribal law.
(f) If the Nuclear Regulatory Commission has determined that your
compliance with this subpart would result in a conflict with a safety
requirement established by the Commission, the Director shall make a
site-specific determination of best technology available for minimizing
adverse environmental impact that is less stringent than the
requirements of this subpart to the extent necessary for you to comply
with the Commission's safety requirement.
(g) You must submit the application information required in
Sec. 125.95, implement the monitoring requirements specified in
Sec. 125.96, and implement the record-keeping requirements specified at
Sec. 125.97.
Sec. 125.95 As an owner or operator of a Phase II existing facility,
what must I collect and submit when I apply for my reissued NPDES
permit?
(a) You must submit to the Director the application information
required by 40 CFR 122.21(r)(2), (3) and (5) and the Comprehensive
Demonstration required by paragraph (b) of this section at least 180
days before your existing permit expires, in accordance with
Sec. 122.21(d)(2).
(b) Comprehensive Demonstration Study. All facilities except those
deemed to have met the performance standards in accordance with
Sec. 125.94(b)(1), must submit a Comprehensive Demonstration Study
(Study). This information is required to characterize impingement
mortality and entrainment, the operation of your cooling water intake
structures, and to confirm that the technology(ies), operational
measures, and/or restoration measures you have selected and/or
implemented at your cooling water intake structure meet the applicable
requirements of Sec. 125.94. The Comprehensive Demonstration Study must
include:
(1) Proposal For Information Collection. You must submit to the
Director for review and approval a description of the information you
will use to support your Study. The proposal must include:
(i) A description of the proposed and/or implemented
technology(ies), operational measures, and/or restoration measures to
be evaluated in the Study;
(ii) A list and description of any historical studies
characterizing impingement 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 you propose
to use existing data, you must 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;
(iii) A summary of any past, ongoing, or voluntary consultation
with appropriate Federal, State, and Tribal fish and wildlife agencies
that is relevant to this Study and a copy of written comments received
as a result of such consultation; and
(iv) A sampling plan for any new field studies you propose to
conduct in order to ensure that you have sufficient data to develop a
scientifically valid estimate of impingement and entrainment at your
site. The sampling plan must document all methods and quality
assurance/quality control procedures for sampling and data analysis.
The sampling and data analysis methods you propose must be appropriate
for a quantitative survey and include consideration of the methods used
in other studies performed in the source waterbody. The sampling plan
must include a description of the study area (including the area of
influence of the cooling water intake structure), and provide a
taxonomic identification of the sampled or evaluated biological
assemblages (including all life stages of fish and shellfish).
(2) Source Waterbody Flow Information. You must submit to the
Director the following source waterbody flow information:
(i) If your cooling water intake structure is located in a
freshwater river or stream, you must provide the annual mean flow of
the waterbody and any supporting documentation and engineering
calculations to support your analysis of which requirements specified
in Sec. 125.94(b)(2) or (3) would apply to your facility based on its
water intake flow in proportion to the mean annual flow of the river or
steam; and
(ii) If your cooling water intake structure is located in a lake
(other than one of the Great Lakes) or reservoir and you propose to
increase your facility's design intake flow, you must provide a
narrative description of the thermal stratification in the water body,
and any supporting documentation and engineering calculations to show
that the natural thermal stratification and turnover pattern will not
be disrupted by the increased flow in a way that adversely impacts
water quality or fisheries.
(3) Impingement Mortality and Entrainment Characterization Study.
You must submit to the Director an Impingement Mortality and
Entrainment Characterization Study whose purpose is to provide
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 Entrainment Characterization Study must include:
(i) Taxonomic identifications of those species of fish and
shellfish and their life stages that are in the vicinity of the cooling
water intake structure and are most susceptible to impingement and
entrainment;
(ii) A characterization of those species of fish and shellfish and
life stages pursuant to paragraph (b)(3)(i) of this section, including
a description of the abundance and temporal/spatial characteristics in
the vicinity of the cooling water intake structure, based on the
collection of a sufficient number of years of data to characterize
annual, seasonal, and diel variations in impingement mortality and
entrainment (e.g., related to climate/weather differences, spawning,
feeding and water column migration);
(iii) Documentation of the current impingement mortality and
entrainment of all life stages of fish and shellfish at
[[Page 17223]]
your facility and an estimate of impingement mortality and entrainment
under the calculation baseline. The documentation may include
historical data that are representative of the current operation of
your facility and of biological conditions at the site. Impingement
mortality and entrainment samples to support the calculations required
in paragraph (b)(4)(iii) and (b)(5)(ii) of this section 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;
(iv) An identification of species that are protected under Federal,
State, or Tribal law (including threatened or endangered species) that
might be susceptible to impingement and entrainment by the cooling
water intake structure(s).
(4) Design and Construction Technology Plan. If you choose to use
design and construction technologies or operational measures in whole
or in part to meet the requirements of Sec. 125.94, you must submit a
Design and Construction Technology Plan to the Director for review and
approval. In the plan you must provide the capacity utilization rate
for your facility 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 calculations. The
plan must explain the technologies and operational measures you have in
place or have selected to meet the requirements in Sec. 125.94.
(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, 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 or reductions in
flow, and continuous operations of screens.) The plan must contain the
following information:
(i) A narrative description of the design and operation of all
design and construction technologies or operational measures (existing
and proposed), including fish handling and return systems, that you
have in place or will use 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
technology for those species;
(ii) A narrative description of the design and operation of all
design and construction technologies or operational measures (existing
and proposed) that you have in place or will use 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 technology 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 operational measures you have selected
based on the Impingement Mortality and Entrainment Characterization
Study in paragraph (b)(3) of this section. In determining compliance
with any requirements to reduce impingement mortality or entrainment,
you must assess the total reduction in impingement mortality and
entrainment against the calculations baseline determined in paragraph
(b)(3) of this section. Reductions in impingement mortality and
entrainment from this calculation baseline as a result of any design
and construction technologies and operational measures already
implemented at your facility should be added to the reductions expected
to be achieved by any additional design and construction technologies
and operational measures that will be implemented, and any increases in
fish and shellfish within the waterbody attributable to your
restoration measures. Facilities that recirculate a portion of their
flow 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 technology and operational
measures. This estimate must include a site-specific evaluation of the
suitability of the technology(ies) based on the species that are found
at the site, and/or operational measures and may be determined based on
representative studies (i.e., studies that have been conducted at
cooling water intake structures located in the same waterbody type with
similar biological characteristics) and/or site-specific technology
prototype studies;
(iv) Documentation which demonstrates that the location, design,
construction, and capacity of the cooling water intake structure
technologies you have selected reflect best technology available for
meeting the applicable requirements in Sec. 125.94;
(v) Design calculations, drawings, and estimates to support the
descriptions required by paragraphs (b)(4)(ii) and (iii) of this
section.
(5) Information to Support Proposed Restoration Measures. If you
propose to use restoration measures to meet the performance standards
in Sec. 125.94, you must submit the following information with your
application for review and approval by the Director:
(i) A list and narrative description of the restoration measures
you have selected and propose to implement;
(ii) A quantification of the combined benefits from implementing
design and construction technologies, operational measures and/or
restoration measures and the proportion of the benefits that can be
attributed to each. This quantification must include: the percent
reduction in impingement mortality and entrainment that would be
achieved through the use of any design and construction technologies or
operational measures that you have selected (i.e., the benefits you
would achieve through impingement and entrainment reduction); a
demonstration of the benefits that could be attributed to the
restoration measures you have selected; and a demonstration that the
combined benefits of the design and construction technology(ies),
operational measures, and/or restoration measures will maintain fish
and shellfish at a level comparable to that which would be achieved
under Sec. 125.94. If it is not possible to demonstrate quantitatively
that restoration measures such as creation of new habitats to serve as
spawning or nursery areas or establishment of riparian buffers will
achieve comparable performance, you may make a qualitative
demonstration that such measures will maintain fish and shellfish in
the waterbody at a level substantially similar to that which would be
achieved under Sec. 125.94;
(iii) A plan for implementing and maintaining the efficacy of the
restoration measures you have selected and supporting documentation to
show that the restoration measures, or the restoration measures in
combination with design and construction technology(ies) and
operational measures, will maintain the fish and shellfish in the
waterbody, including the community structure and function, to a level
comparable or substantially similar to that which would be achieved
through Sec. 125.94(b) or (c);
(iv) A summary of any past, ongoing, or voluntary consultation with
appropriate Federal, State, and Tribal fish and wildlife agencies
regarding the proposed restoration measures that is relevant to this
Study and a copy of any written comments received as a result of such
consultation; and
[[Page 17224]]
(v) Design and engineering calculations, drawings, and maps
documenting that your proposed restoration measures will meet the
restoration performance standard at Sec. 125.94(d).
(6) Information to Support Site-specific Determination of Best
Technology Available for Minimizing Adverse Environmental Impact. If
you have chosen to request a site-specific determination of best
technology available for minimizing adverse environmental impact
pursuant to Sec. 125.94(c) because of costs significantly greater than
those EPA considered in establishing the requirements at issue, or
because costs are significantly greater than the benefits of complying
with the otherwise applicable requirements of Sec. 125.94(b) and (e) at
your site, you must provide the following additional information with
your application for review by the Director:
(i) Comprehensive Cost Evaluation Study. You must perform and
submit the results of a Comprehensive Cost Evaluation Study. This
information is required to document the costs of implementing your
Design and Construction Plan under Sec. 125.95(b)(4) above and the
costs of the alternative technologies and operational measures you
propose to implement at your site. You must submit detailed engineering
cost estimates to document the costs of implementing the technologies
or operational measures in your Design and Construction Plan.
(ii) Valuation of the Monetized Benefits of Reducing Impingement
and Entrainment. If you are seeking a site-specific determination of
best technology available for minimizing adverse environmental impact
because of costs significantly greater than the benefits of complying
with the otherwise applicable requirements of Sec. 125.94(b) and (e) at
your site, you must use a comprehensive methodology to fully value the
impacts of impingement mortality and entrainment at your site and the
benefits achievable by compliance with the applicable requirements of
Sec. 125.94. The benefit study must include a description of the
methodology used, the basis for any assumptions and quantitative
estimates, and an analysis of the effects of significant sources of
uncertainty on the results of the study.
(iii) Site-Specific Technology Plan. Based on the results of the
Comprehensive Cost Evaluation Study and the valuation of the monetized
benefits of reducing impingement and entrainment required by paragraphs
(b)(7))(i) and (ii) of this section, you must submit a Site-Specific
Technology Plan to the Director for review and approval. The plan must
contain the following information:
(A) A narrative description of the design and operation of all
design and construction technologies and operational measures, and
restoration measures (existing and proposed) that you have selected in
accordance with Sec. 125.94(d), and information that demonstrates the
efficacy of the technology for those species;
(B) An engineering estimate of the efficacy of the proposed and/or
implemented technologies or operational measures for reducing
impingement mortality and entrainment of all life stages of fish and
shellfish. This estimate must include a site-specific evaluation of the
suitability of the technologies or operational measures for reducing
impingement mortality and entrainment based on representative studies
(e.g., studies that have been conducted at cooling water intake
structures located in the same waterbody type with similar biological
characteristics) and/or site-specific technology prototype studies;
(C) Documentation which demonstrates that the technologies,
operational measures, or restoration measures selected would reduce
impingement mortality and entrainment to the extent necessary to
satisfy the requirements of Sec. 125.94; and
(D) Design calculations, drawings, and estimates to support the
descriptions required by paragraphs (b)(6)(iii)(A) and (B) of this
section.
(7) Verification Monitoring Plan. You must 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,
operational measures, or restoration measures. The verification study
must begin once the technologies, operational measures, and restoration
measures are implemented and continue for a period of time that is
sufficient to demonstrate that the facility is reducing the level of
impingement and entrainment to the levels documented pursuant to
paragraphs (b)(4)(iii), (b)(5)(ii), and/or (b)(6)(iii)(B) of this
section. The plan must describe the frequency of monitoring and the
parameters to be monitored and the basis for determining the parameters
and the frequency and duration for monitoring. The plan must also
describe the information to be included in a yearly status report to
the Director. The Director will use the verification monitoring to
confirm that you are meeting the applicable requirements of
Sec. 125.94.
Sec. 125.96 As an owner or operator of a Phase II existing facility,
what monitoring must I perform?
As an owner or operator of a Phase II existing facility, you must
perform monitoring as specified by the Director to demonstrate
compliance with the applicable requirements of Sec. 125.94.
Sec. 125.97 As an owner or operator of a Phase II existing facility,
what records must I keep and what information must I report?
As an owner or operator of a Phase II existing facility you are
required to keep records and report information and data to the
Director as follows:
(a) You must keep records of all the data used to complete the
permit application and show compliance with the requirements of
Sec. 125.94, any supplemental information developed under Sec. 125.95,
and any compliance monitoring data conducted under Sec. 125.96, for a
period of at least three (3) years. The Director may require that these
records be kept for a longer period.
(b) You must provide annually to the Director a status report that
includes appropriate monitoring data as specified by the Director.
Sec. 125.98 As the Director, what must I do to comply with the
requirements of this subpart?
(a) Permit Application. As the Director, you must review materials
submitted by the applicant under 40 CFR 122.21(r) and Sec. 125.95
before each permit renewal or reissuance.
(1) After receiving the permit application from the owner or
operator of a Phase II existing facility, the Director must determine
which of the standards specified in Sec. 125.94 to apply to the
facility. In addition, the Director must review materials to determine
compliance with the applicable standards.
(2) At each permit renewal, the Director must review the
application materials and monitoring data to determine whether
requirements, or additional requirements, for design and construction
technologies or operational measures should be included in the permit.
(b) Permitting Requirements. Section 316(b) requirements are
implemented for a facility through an NPDES permit. As the Director,
you must consider the information submitted by the Phase II existing
facility in its permit application, and determine the appropriate
requirements and conditions to include in the permit based on the
alternative for establishing best technology available chosen by the
facility. The following requirements must be included in each permit:
[[Page 17225]]
(1) Cooling Water Intake Structure Requirements. The permit
conditions must include the performance standards that implement the
requirements of Sec. 125.94(b)(2), (3), and (4); Sec. 125.94(c)(1) and
(2); Sec. 125.94(d); Sec. 125.94(e); and Sec. 125.94(f). In determining
compliance with the flow requirement in Sec. 125.94(b)(4)(ii), the
Director must consider anthropogenic factors (those not considered
``natural'') unrelated to the Phase II existing facility's cooling
water intake structure that can influence the occurrence and location
of a thermocline. These include source water inflows, other water
withdrawals, managed water uses, wastewater discharges, and flow/level
management practices (e.g., some reservoirs release water from deeper
bottom layers). The Director must coordinate with appropriate Federal,
State, or Tribal fish or wildlife agencies to determine if any
disruption is beneficial to the management of fisheries.
(i) You must review the Design and Construction Technology Plan
required in Sec. 125.96(b)(4) to evaluate the suitability and
feasibility of the technology or operational measures proposed to meet
the requirements of Sec. 125.94. In each reissued permit, you must
include a condition requiring the facility to reduce impingement
mortality and entrainment commensurate with the implementation of the
technologies in the permit. In considering a permit application, the
Director must review the performance of the technologies implemented
and require additional or different design and construction
technologies, if needed, to meet the impingement mortality and
entrainment reduction requirements for all life stages of fish and
shellfish. In addition, you may consider any chemical, water quality,
and other anthropogenic stresses on the source waterbody in order to
determine whether more stringent conditions are needed to comply with
the requirements of other applicable Federal, State, or Tribal law in
accordance with Sec. 125.94(e).
(ii) If you determine that restoration measures are appropriate at
the Phase II existing facility, you must review the Information to
Support Proposed Restoration Measures required under Sec. 125.95(b)(5)
and determine whether the proposed measures, alone or in combination
with design and construction technologies and operational measures,
will maintain the fish and shellfish in the waterbody at a comparable
level to that which would be achieved under Sec. 125.94. If the
application includes a qualitative demonstration for restoration
measures that will result in increases in fish and shellfish that are
difficult to quantify, you must determine whether the proposed measures
will maintain fish and shellfish in the waterbody at a level
substantially similar to that which would be achieved under
Sec. 125.94. You must also review and approve the proposed Verification
Monitoring Plan submitted under Sec. 125.95(b)(7) and require that the
monitoring continue for a sufficient period of time to demonstrate that
the restoration measures meet the requirements of Sec. 125.94(d).
(iii) For a facility that requests requirements based on site-
specific best technology available for minimizing adverse environmental
impact, you must review the application materials and any other
information you may have that would be relevant to a determination of
whether alternative requirements are appropriate for the facility. If
you determine that alternative requirements are appropriate, you must
make a site-specific determination of best technology available for
minimizing adverse environmental impact in accordance with
Sec. 125.95(c).
(2) Monitoring Conditions. The permit must require the permittee to
perform the monitoring required in Sec. 125.96. In determining
applicable monitoring requirements, the Director must consider the
facility's verification monitoring plan, as appropriate. You may modify
the monitoring program when the permit is reissued and during the term
of the permit based on changes in physical or biological conditions in
the vicinity of the cooling water intake structure.
(3) Record Keeping and Reporting. At a minimum, the permit must
require the permittee to report and keep records as required by
Sec. 125.97.
[FR Doc. 02-5597 Filed 4-8-02; 8:45 am]
BILLING CODE 6560-50-P