Cal. Code Regs. tit. 23 § 2922
The Policy applies to 19 existing power plants, including two nuclear plants. An owner or operator of an existing power plant must reduce the intake flow rate at each unit, at a minimum, to a level commensurate with that which can be attained by a closed-cycle wet cooling system (a minimum 93% reduction compared to the design intake flow rate). Additionally, the through-screen intake velocity must not exceed 0.5 foot per second.
If the owner or operator can demonstrate that this is not feasible, the owner or operator may comply by reducing environmental impacts for the facility comparably through other means, using operational or structural controls, or both. Previous technology-based improvements, specifically designed to reduce impacts or resulting from the replacement of steam turbine power-generating units with combined-cycle power-generating units, may be counted towards meeting the alternate requirements. Monitoring requirements are dependent upon the type of control technology chosen for compliance.
No later than one year after the effective date of this Policy, all facilities must install large organism exclusion devices and cease intake flows if not engaging in power-generating activities or critical system maintenance. The owner or operator must further mitigate any interim impacts from five years after the effective date until final compliance is achieved.
The Policy employs an adaptive management strategy that will be implemented through National Pollutant Discharge Elimination System permits. The State Water Board will convene a Statewide Advisory Committee on Cooling Water Intake Structures (SACCWIS) with representatives from relevant state agencies and the California Independent System Operator to review plans and schedules submitted by dischargers and to ensure that the implementation schedule is realistic and will not jeopardize the reliability of the electric system. SACCWIS will present its recommendations to the State Water Board at least annually, and the State Water Board will amend the Policy as appropriate based on these recommendations. The schedule may also be temporarily suspended, if necessary for grid reliability purposes.
The Policy requires special studies for the nuclear-fueled power plants to address their unique issues and to evaluate appropriate requirements for those plants. The special studies shall be conducted by an independent third party overseen by a Review Committee. Within three years after the Policy's effective date, the Review Committee shall report to the State Water Board on the ability of these plants to achieve compliance, the cost of compliance, and potential environmental impacts of compliance.
New Section 2.C.(4) of the Policy imposes special requirements for specified fossil-fueled power plants that request a compliance plan that extends beyond December 31, 2022 that are approved by the State Water Board. The owners or operators of these facilities must:
* Commit to eliminate seawater use for cooling water purposes for all units at the facility;
* Conduct a study or studies, singularly or jointly with other facilities, to evaluate new technologies or improve existing technologies to reduce impingement and entrainment;
* Submit the results of the study and a proposal to minimize entrainment and impingement to the Chief Deputy Director of the State Water Board no later than December 31, 2015;
* Upon approval of the proposal by the Chief Deputy Director, complete implementation of the proposal no later than December 31, 2020.
Section 3.E. of the Policy was amended by changing compliance deadlines for the Los Angeles Department of Water and Power's three affected power plants: the Harbor, Haynes and Scattergood Generating Stations. The compliance date for Harbor Generating Station Unit 5 was extended from December 31, 2015 to December 31, 2029. Compliance dates for Scattergood Generating Station was changed from December 31, 2020 for all units to December 31, 2024 for Units 1 and 2, and to December 31, 2015 for Unit 3. Compliance dates for Haynes Generating Station was changed from December 31, 2019 for all units to December 31, 2013 for Units 5 and 6 and to December 31, 2029 for Units 1, 2, and 8.
Resolution No. 2013-0018 amended the Policy to reassign the responsibility for National Pollutant Discharge Elimination System (NPDES) Permit issuance for existing power plants to the Regional Water Boards. Section 1.N and subsequent sections of the Policy are modified so that NPDES actions to issue, modify, reissue, revoke, and terminate are assigned to the Regional Water Boards.
Section 4. Track 2 Monitoring Provisions are amended so that the Regional Water Boards take responsibility for reviewing and approving the Impingement and Entrainment Impact studies.
Resolution No. 2015-0018 amended the Policy to extend the compliance date for Moss Landing Power Plant from December 31, 2017 to December 31, 2020.
Resolution No. 2017-0047 amended the Policy to extend the compliance date for Encina Power Station Units 2-5 from December 31, 2017 to December 31, 2018.
Resolution No. 2020-0029 amended the OTC Policy to extend the compliance dates for Alamitos Generating Station Units 3, 4, and 5 to December 31, 2023; Huntington Beach Generating Station Unit 2 to December 31, 2023; Ormond Beach Generating Station Units 1 and 2 to December 31, 2023; and Redondo Beach Generation Station Units 5, 6, and 8 to December 31, 2021, to address statewide grid reliability concerns that are projected to start summer 2021. Additionally, the Resolution amended the compliance dates for Diablo Canyon Nuclear Power Plant Units 1 and 2 to conform with the Nuclear Regulatory Commission license expiration date for each unit: November 2, 2024, for Unit 1 and August 26, 2025, for Unit 2. The Resolution additionally amended Section 3.B(5) of the OTC Policy to clarify the amendment process, Section 3.B(3) of the OTC Policy to change Los Angeles Department of Water and Power's annual grid reliability report due date from December 31 of each year to January 31 of each year, and non-substantive changes to improve readability and accessibility.
Resolution No. 2021-0048 amended the OTC Policy to extend the compliance date for Redondo Beach Generating Station Units 5, 6, and 8 to December 31, 2023, to address statewide grid reliability concerns.
Resolution No. 2023-0025 amended the OTC Policy to extend the compliance dates for Alamitos Generating Station Units 3, 4, and 5; Huntington Beach Generating Station Unit 2; and Ormond Beach Generating Station Units 1 and 2 by three years, from December 31, 2023, to December 31, 2026, to address statewide grid reliability concerns. The resolution also amended the OTC Policy to extend the compliance date for Scattergood Generating Station Units 1 and 2 by five years, from December 31, 2024, to December 31, 2029, to address local grid reliability concerns. Finally, the resolution made administrative changes to the implementation provisions and schedule in the OTC Policy. The first of these changes revised the compliance dates for Diablo Canyon Nuclear Power Plant Units 1 and 2 to October 31, 2030, to ensure the OTC Policy is consistent with the compliance date that was already extended by Senate Bill 846 (Stats. 2022, ch. 239). Additionally, the amendment included revisions to specify that the Statewide Advisory Committee on Cooling Water Intake Structures, which advises the State Water Board on OTC Policy implementation, will report to the State Water Board on the status of OTC Policy implementation at least through 2026.
Cal. Code Regs. Tit. 23, § 2922
2. Amendment filed 3-12-2012 designating first paragraph as subsection (a) and adopting subsection (b) summarizing State Water Resources Control Board Resolution No. 2011-0033, adopted 7-19-2011; approved by OAL on 3-12-2012 pursuant to Government Code section 11353; operative 3-12-2012 (Register 2012, No. 11).
3. Amendment filed 2-27-2014 adding new subsection (c) summarizing State Water Resources Control Board Resolution No. 2013-0018, adopted 6-18-2013; approved by OAL pursuant to Government Code section 11353 on 2-27-2014; operative 2-27-2014 (Register 2014, No. 9).
4. Amendment filed 7-18-2016 adding new subsection (d) summarizing State Water Resources Control Board Resolution No. 2015-0018 adopted on 4-7-2015; amendments approved by OAL pursuant to Government Code section 11353 on 7-18-2016; operative 7-18-2016 (Register 2016, No. 30).
5. Amendment filed 11-20-2017 adding new subsection (e) summarizing State Water Resources Control Board Resolution No. 2017-0047 adopted on 8-15-2017; amendments approved by OAL pursuant to Government Code section 11353 on 11-20-2017; operative 11-20-2017 (Register 2017, No. 47).
6. Amendment filed 11-30-2020 adding new subsection (f) summarizing State Water Resources Control Board Resolution No. 2020-0029 adopted on 9-1-2020; amendment approved by OAL pursuant to Government Code section 11353 on 11-30-2020; operative 11-30-2020 (Register 2020, No. 49).
7. New subsection (g) summarizing amendments to Policy on the Use of Coastal and Estuarine Waters for Power Plant Closing filed 12-23-2021; amendments approved by State Water Resources Control Board Resolution No. 2021-0048 on 10-19-2021; amendments approved by OAL pursuant to Government Code section 11353 on 12-23-2021 (Register 2021, No. 52).
2. Amendment filed 3-12-2012 designating first paragraph as subsection (a) and adopting subsection (b) summarizing State Water Resources Control Board Resolution No. 2011-0033, adopted 7-19-2011; approved by OAL on 3-12-2012 pursuant to Government Code section 11353; operative 3-12-2012 (Register 2012, No. 11).
3. Amendment filed 2-27-2014 adding new subsection (c) summarizing State Water Resources Control Board Resolution No. 2013-0018, adopted 6-18-2013; approved by OAL pursuant to Government Code section 11353 on 2-27-2014; operative 2-27-2014 (Register 2014, No. 9).
4. Amendment filed 7-18-2016 adding new subsection (d) summarizing State Water Resources Control Board Resolution No. 2015-0018 adopted on 4-7-2015; amendments approved by OAL pursuant to Government Code section 11353 on 7-18-2016; operative 7/18/2016 (Register 2016, No. 30).
5. Amendment filed 11-20-2017 adding new subsection (e) summarizing State Water Resources Control Board Resolution No. 2017-0047 adopted on 8-15-2017; amendments approved by OAL pursuant to Government Code section 11353 on 11-20-2017; operative 11/20/2017 (Register 2017, No. 47).
6. Amendment filed 11-30-2020 adding new subsection (f) summarizing State Water Resources Control Board Resolution No. 2020-0029 adopted on 9-1-2020; amendment approved by OAL pursuant to Government Code section 11353 on 11-30-2020; operative 11/30/2020 (Register 2020, No. 49).
7. New subsection (g) summarizing amendments to Policy on the Use of Coastal and Estuarine Waters for Power Plant Closing filed 12/23/2021; amendments approved by State Water Resources Control Board Resolution No. 2021-0048 on 10-19-2021; amendments approved by OAL pursuant to Government Code section 11353 on 12-23-2021 (Register 2021, No. 52).
8. Amendment filed 12/5/2023 adding new subsection (h) summarizing State Water Resources Control Board Resolution No. 2023-0025 adopted on 8-15-2023; amendment approved by OAL pursuant to Government Code section 11353 on 12-5-2023 (Register 2023, No. 49).