La. Admin. Code tit. 33 § IX-4737

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-4737 - How will requirements reflecting best technology available for minimizing adverse environmental impact be established for my Phase II existing facility?

A. Compliance Alternatives. You must select and implement one of the following five alternatives for establishing best technology available for minimizing adverse environmental impact at your facility.

1. You may demonstrate to the state administrative authority that you have:

a. reduced, or will reduce, your flow commensurate with a closed-cycle recirculating system. In this case, you are deemed to have met the applicable performance standards and will not be required to demonstrate further that your facility meets the impingement mortality and entrainment performance standards specified in Subsection B of this Section. In addition, you are not subject to the requirements in LAC 33:IX.4739, 4741, 4743, or 4745. However, you may still be subject to any more stringent requirements established under Subsection E of this Section; or

b. reduced, or will reduce, your maximum through-screen design intake velocity to 0.5 ft/s or less. In this case, you are deemed to have met the impingement mortality performance standards and will not be required to demonstrate further that your facility meets the performance standards for impingement mortality specified in Subsection B of this Section, and you are not subject to the requirements in LAC 33:IX.4739, 4741, 4743, or 4745 as they apply to impingement mortality. However, you are still subject to any applicable requirements for entrainment reduction and may still be subject to any more stringent requirements established under Subsection E of this Section.

2. You may demonstrate to the state administrative authority that your existing design and construction technologies, operational measures, and/or restoration measures meet the performance standards specified in Subsection B of this Section and/or the restoration requirements in Subsection C of this Section.

3. You may demonstrate to the state administrative authority that you have 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 Subsection B of this Section and/or the restoration requirements in Subsection C of this Section.

4. You may demonstrate to the state administrative authority that you have installed, or will install, and properly operate and maintain an approved design and construction technology in accordance with LAC 33:IX.4747.A or B.

5. You may demonstrate to the state administrative authority that you have selected, installed, and are properly operating and maintaining, or will install and properly operate and maintain, design and construction technologies, operational measures, and/or restoration measures that the state administrative authority has determined to be the best technology available to minimize adverse environmental impact for your facility in accordance with Subparagraph A.5.a or b of this Section.

a. If the state administrative authority determines that data specific to your facility demonstrate that the costs of compliance under alternatives in Paragraphs A.2 through 4 of this Section would be significantly greater than the costs considered by the administrator for a facility like yours in establishing the applicable performance standards in Subsection B of this Section, the state administrative authority will make a site-specific determination of the best technology available for minimizing adverse environmental impact. This determination will be based on reliable, scientifically- valid cost and performance data submitted by you and any other information that the state administrative authority deems appropriate. The state administrative authority will 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 state administrative authority, as close as practicable to the applicable performance standards in Subsection B of this Section, without resulting in costs that are significantly greater than the costs considered by the administrator for a facility like yours in establishing the applicable performance standards. The state administrative authority'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 the significantly greater costs. To calculate the costs considered by the state administrative authority for a facility like yours in establishing the applicable performance standards you must:

i. determine which technology the administrator modeled as the most appropriate compliance technology for your facility;

ii. using the administrator's costing equations, calculate the annualized capital and net operation and maintenance (O&M) costs for a facility with your design intake flow using this technology;

iii. determine the annualized net revenue loss associated with net construction downtime that the administrator modeled for your facility to install this technology;

iv. determine the annualized pilot study costs that the administrator modeled for your facility to test and optimize this technology;

v. sum the cost items in Clauses A.5.b.ii, iii, and iv of this Section; 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 your facility, and if necessary, adjust the estimates to correspond to the applicable performance standards.

b. If the state administrative authority determines that data specific to your facility demonstrate that the costs of compliance under alternatives in Paragraphs A.2 through 4 of this Section would be significantly greater than the benefits of complying with the applicable performance standards at your facility, the state administrative authority will make a site-specific determination of best technology available for minimizing adverse environmental impact. This determination will be based on reliable, scientifically valid cost and performance data submitted by you and any other information the state administrative authority deems appropriate. The state administrative authority will 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 state administrative authority, is as close as practicable to the applicable performance standards in Subsection B of this Section without resulting in costs that are significantly greater than the benefits at your facility. The state administrative authority'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.

B. National Performance Standards

1. Impingement Mortality Performance Standards. If you choose a compliance alternative in Paragraph A.2, 3, or 4 of this Section, you must reduce impingement mortality for all life stages of fish and shellfish by 80 to 95 percent from the calculation baseline.

2. Entrainment Performance Standards. If you choose a compliance alternative in Subparagraph A.1.b or Paragraph A.2, 3, or 4 of this Section, you must also reduce entrainment of all life stages of fish and shellfish by 60 to 90 percent from the calculation baseline if:

a. your facility has a capacity utilization rate of 15 percent or greater; and

b. your facility uses cooling water withdrawn from:

i. a tidal river, estuary, or ocean; or

ii. a freshwater river or stream, and the design intake flow of your cooling water intake structures is greater than 5 percent of the mean annual flow.

3. Additional Performance Standards for Facilities Withdrawing from a Lake or a Reservoir. If your facility withdraws cooling water from a lake or a reservoir and you propose to increase the design intake flow of cooling water intake structures it uses, your increased design intake flow shall 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, you should consult with federal, state, or tribal fish and wildlife management agencies.

4. Use of Performance Standards for Site-Specific Determinations of Best Technology Available. The performance standards in Paragraphs B.1-3 of this Section 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 state administrative authority for a facility like yours in establishing the performance standards or costs that are significantly greater than the benefits at your facility in accordance with Paragraph A.5 of this Section.

C. Requirements for Restoration Measures. With the approval of the state administrative authority, you may implement and adaptively manage restoration measures that produce and result in increases of fish and shellfish in your 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. You must demonstrate to the state administrative authority that:

1. you have evaluated the use of design and construction technologies and operational measures for your facility 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 you will implement, 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 your facility's water body or watershed, at a level that is substantially similar to the level you would achieve by meeting the applicable performance standards under Subsection B of this Section, or that satisfies alternative site-specific requirements established in accordance with Paragraph A.5 of this Section.

D. Compliance Using a Technology Installation and Operation Plan or Restoration Plan

1. If you choose one of the compliance alternatives in Paragraph A.2, 3, 4, or 5 of this Section, you may request that compliance with the requirements of Subsection B of this Section during the first permit containing requirements consistent with this Subchapter be determined based on whether you have complied with the construction, operational, maintenance, monitoring, and adaptive management requirements of a technology installation and operation plan developed in accordance with LAC 33:IX.4739.B.4.b, for any design and construction technologies and/or operational measures, and/or a restoration plan developed in accordance with LAC 33:IX.4739.B.5, for any restoration measures. The technology installation and operation plan must be designed to meet applicable performance standards in Subsection B of this Section or alternative site-specific requirements developed in accordance with Paragraph A.5 of this Section. The restoration plan must be designed to achieve compliance with the applicable requirements in Paragraph C of this Section.

2. During subsequent permit terms, if you selected and installed design and construction technologies and/or operational measures and have been in compliance with the construction, operational, maintenance, monitoring, and adaptive management requirements of your technology installation and operation plan during the preceding permit term, you may request that compliance with the requirements of this Section during the following permit term be determined based on whether you remain in compliance with your technology installation and operation plan, revised in accordance with your adaptive management plan in LAC 33:IX.4739.B.4.b.iii if applicable performance standards are not being met. Each request and approval of a technology installation and operation plan will be limited to one permit term.

3. During subsequent permit terms, if you selected and installed restoration measures and have been in compliance with the construction, operational, maintenance, monitoring, and adaptive management requirements in your restoration plan during the preceding permit term, you may request that compliance with the requirements of this Section during the following permit term be determined based on whether you remain in compliance with your restoration plan, revised in accordance with your adaptive management plan in LAC 33:IX.4739.B.5.e if applicable performance standards are not being met. Each request and approval of a restoration plan will be limited to one permit term.

E. More Stringent Standards. The state administrative authority may establish more stringent requirements as best technology available for minimizing adverse environmental impact if the state administrative authority determines that your compliance with the applicable requirements of this Section would not meet the requirements of applicable state and tribal law, or other federal law.

F. Nuclear Facilities. If you demonstrate to the state administrative authority 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 state administrative authority will 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.

La. Admin. Code tit. 33, § IX-4737

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, LR 31:429 (February 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)