18 Alaska Admin. Code § 83.380

Current through May 31, 2024
Section 18 AAC 83.380 - Permit application requirements for facilities with cooling water intake structures
(a) An applicant for an APDES permit
(1) for a new facility other than an offshore oil and gas extraction facility, with a cooling water intake structure as defined in 40 C.F.R. Part 125, Subpart I, adopted by reference in 18 AAC 83.010, must submit to the department, as part of its application, the information required under (c)(1) - (3) and (5) and (d) of this section and under 40 C.F.R. 125.86, adopted by reference in 18 AAC 83.010;
(2) for a new offshore oil and gas extraction facility with cooling water intake structures as defined in 40 C.F.R. Part 125, Subpart N, adopted by reference in 18 AAC 83.010, that is a fixed facility must submit to the department, as part of its application, the information required under (c)(1) - (3) and (5) and (d) of this section and under 40 C.F.R. 125.136, adopted by reference in 18 AAC 83.010;
(3) for a new offshore oil and gas extraction facility that is not a fixed facility must submit to the department, as part of its application, the information required under (c)(1) - (4), (5)(A), and (5)(C) - (E) of this section, and under 40 C.F.R. 125.136, adopted by reference in 18 AAC 83.010; and
(4) under this section must submit any request for alternative requirements under 40 C.F.R. 125.85, adopted by reference in 18 AAC 83.010, to the department with the permit application.
(b) An applicant for an APDES permit for a Phase II existing facility as defined in 40 C.F.R. Part 125, Subpart J, adopted by reference in 18 AAC 83.010, must submit the information required under (c) - (f) of this section and all applicable provisions of 40 C.F.R. 125.95, adopted by reference in 18 AAC 83.010, to the department as part of the applicant's application, except that the applicant's proposal for information collection must be submitted in compliance with 40 C.F.R. 125.95(b)(1), adopted by reference in 18 AAC 83.010.
(c) The applicant shall submit source water physical data to the department with its application, including
(1) a narrative description and scaled drawings showing the physical configuration of all source water bodies used by the facility, including areal dimensions, depths, salinity, temperature regimes, and other documentation that supports the determination of the water body type where each cooling water intake structure is located;
(2) information identifying and characterizing the source water body's hydrological and geomorphological 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 the studies;
(3) locational maps;
(4) for new offshore oil and gas facilities that are not fixed facilities, a narrative description and locational maps providing information on predicted locations within the waterbody during the permit term in sufficient detail for the department to determine the appropriateness of additional impingement requirements under 40 C.F.R. 125.134(b)(4), adopted by reference in 18 AAC 83.010; and
(5) a narrative description of the cooling water intake structure(s), including
(A) the configuration of each cooling water intake structure and its location 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) the operation of each cooling water intake structure, including design intake flows, 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, recirculating flows, and discharges; and
(E) engineering drawings of each cooling water intake structure.
(d) An applicant under this section shall provide source water baseline biological characterization data to show the biological community in the vicinity of each cooling water intake structure and the operation of each cooling water intake structure. The department may use the source water baseline biological characterization data in subsequent permit renewal proceedings to determine if the design and construction technology plan required under 40 C.F.R. 125.86(b)(3) and (4), adopted by reference in 18 AAC 83.010, must be revised. Supporting information required under this subsection must include existing data if available. However, the applicant may supplement existing data using newly conducted field studies if the applicant chooses to do so. The information the applicant submits must include
(1) a list of the data in (2) - (6) of this subsection that are not available and efforts made to identify sources of the data;
(2) a list of species or relevant taxa for all life stages and their relative abundance in the vicinity of each cooling water intake structure;
(3) 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 significant to commercial and recreational fisheries;
(4) identification and evaluation of the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa;
(5) data representative of the seasonal and daily activities such as feeding and water column migration of biological organisms in the vicinity of each cooling water intake structure;
(6) identification of all threatened, endangered, and other protected species that might be susceptible to impingement and entrainment at each cooling water intake structure; and
(7) documentation of any public participation or consultation with federal or state agencies undertaken in development of the plan.
(e) If an applicant supplements the information requested in (d)(1) - (6) of this section with data collected using field studies, supporting documentation for the source water baseline biological characterization must include
(1) a description of all methods and quality assurance procedures for sampling; and
(2) data analysis including a description of
(A) the study area including, at a minimum, the area of influence of each cooling water intake structure;
(B) taxonomic identification of sampled and evaluated biological assemblages, including all life stages of fish and shellfish; and
(C) sampling and data analysis methods; the sampling and data analysis methods the applicant uses 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.
(f) An applicant for an APDES permit for a Phase II facility as defined in 40 C.F.R. Part 125, Subpart J, adopted by reference in 18 AAC 83.010, shall provide the following information for each cooling water intake structure used:
(1) a narrative description of the operation of the cooling water system, including
(A) the system's relationship to cooling water intake structures;
(B) the proportion of the design intake flow that is used in the system;
(C) the number of days of the year the cooling water system is in operation;
(D) seasonal changes in the operation of the system, if applicable; and
(2) design and engineering calculations prepared by a qualified professional and supporting data to support the description required by (1) of this subsection.

18 AAC 83.380

Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

Authority:AS 44.46.020

AS 46.03.010

AS 46.03.020

AS 46.03.050

AS 46.03.100

AS 46.03.110