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update on EPA rulemaking on 316(b) - fishkills for existing facilities



>

>

>

> This may be of interest to some since fishkills from once-thru cooling systems

> have been discussed on both radsafe and know_nukes.



norm



> Riverkeeper Alliance needs your help identifying examples of fish kills

> associated with power plants.  They are looking for examples to include

> in comments on EPA's Proposed Cooling Water Regulation For Existing

> Facilities.  Please see the fact sheet below for more information on the

> rulemaking and contact Reed Super at 845-424-4149, ext 224,

> rsuper@riverkeeper.org with your examples or questions.

>

> Thanks.

>

> Fact Sheet

> EPA's Proposed Cooling Water Regulation For Existing Facilities:

>

> KILLING FISH AND GUTTING THE CLEAN WATER ACT

>

> On April 9, 2002, EPA published proposed Phase II cooling water intake

> regulations for existing power plants (67 Fed. Reg. 17122)

> (www.epa.gov/waterscience/316b).  The proposed rule is an abdication of

> Congress's mandate to minimize the environmental damage from cooling

> water intakes.  It sets low standards, and then grants the energy

> industry substantial opportunity to raise excuses to avoid the

> standards. The proposal represents a direct and significant threat to

> the nation's aquatic ecosystems, and to the integrity and effectiveness

> of the Clean Water Act and other environmental laws.  Comments on EPA's

> proposal are due on July 8, 2002.

>

> Summary of Proposed Phase II Regulation

> ·   EPA's proposal fails to require closed-cycle cooling (which reduces

> fish kills by approximately 95%) as "best technology" for any of the 550

> large power plants in the country, but instead sets a performance

> standard based loosely on the protection offered by a variety of

> cheaper, less effective, less reliable mechanisms. This weak mandate

> would allow existing plants to kill 20 to 1000 times more fish per

> megawatt than new plants, and continue to decimate aquatic life in U.S.

> waterways indefinitely.

> ·   The proposal allows power companies to avoid the weak technology

> standard by pleading special economic circumstances, or arguing that the

> local ecosystem does not merit protection.  Alternatively, the companies

> may attempt to replace the fish they kill. Such restoration measures are

> vague, unproven, likely to fail, and are rarely if ever intended to

> replace the number or variety of aquatic and marine animals killed by

> the water withdrawals.

> ·   Instead of setting a protective, technology based standard, the rule

> would adopt and codify many of the site-specific arguments which

> permittees typically use to avoid closed-cycle cooling requirements.

> Since even environmentally sympathetic regulators lack the resources

> needed to rebut, or in most cases fully evaluate these arguments, the

> rule will allow applicants to continue to obstruct and delay needed

> technology upgrades.

>

> Flawed, Biased Cost-Benefit Analysis Trumps the Clean Water Act

> On December 28, 2001, after years of research by its Office of Science

> and Technology, EPA submitted its draft proposal to the White House's

> Office of Management and Budget (OMB) for interagency review.  EPA's

> original draft regulation would have required closed-cycle cooling for

> 51 of the largest plants on tidal rivers, estuaries and oceans. This

> compromise proposal fell far short of a closed-cycle requirement on all

> major power plants, but it would have at least minimized the impact on

> the most ecologically productive waterbodies.

>

> However, antiregulatory ideologues in OMB's Office of Information and

> Regulatory Affairs (OIRA) forced EPA to abandon its carefully chosen

> option and remove any closed-cycle requirements.  The agencies relied on

> cost-benefit analyses which systematically belittle the value of aquatic

> ecosystems.  Even using this drastic underestimate, the calculated

> benefits of the EPA original proposal would have exceeded costs to

> retrofit the most destructive facilities by an ample 3 to 2 margin.

>

> Nevertheless, in direct contravention to the Congressional "best

> technology available" mandate in the Clean Water Act, OIRA rejected any

> use of cooling towers and compelled the least cost alternative. OIRA's

> action also violated Executive Order (E.O. 12866), which prohibits

> regulatory economic analyses from dictating a result contrary to

> statutory requirements.

>

>   Background: Fish Kills, Cooling Intake Technology and the Clean Water

> Act

> ·   Every year, electric generating and industrial plants withdraw more

> than 100 trillion gallons from U.S. waters for cooling, and kill the

> overwhelming majority of organisms in this massive volume by entraining

> them into the facility or impinging them on intake screens.  This

> staggering mortality ­ trillions of fish, shellfish, plankton and other

> species at all life stages ­ has stressed and depleted aquatic, coastal

> and marine ecosystems for decades, and has contributed to the collapse

> of some fisheries.

> ·   A single large power plant can utilize hundreds of millions or even

> billions of gallons of cooling water per day before discharging the

> heated effluent directly into a lake, river or ocean. In contrast, a

> closed-cycle cooling system, which recirculates most of the water after

> dissipating the heat in a cooling tower and is standard technology for

> new plants, cuts withdrawals and fish kills by more than ninety-five

> percent.

> ·   Section 316(b) of the Clean Water Act requires such facilities to

> employ the "best technology available [BTA] to minimize adverse

> environmental impact."  Despite this direct mandate and the decades-old

> availability of cooling towers, industrial pressure and EPA neglect has

> prevented effective regulation. Cooling withdrawals are the only

> NPDES-regulated activity not subject to national categorical standards,

> but instead regulated case-by-case.

> ·   In 1993, after years of frustration at agency failure to require

> protective technology, a coalition of environmental groups led by

> Riverkeeper sued to force EPA to finally promulgate cooling water intake

> standards, Riverkeeper, Inc. v. Whitman, U.S. District Court, Southern

> District of New York, No. 93-Civ.0314 (AGS). As a result of

> Riverkeeper's lawsuit, on December 18, 2001 EPA promulgated its Phase I

> rule which requires closed-cycle cooling for new facilities (66 Fed.

> Reg. 65256).

>

> Help Stop this Abuse of Our Ecosystems and Environmental Laws

>

> Riverkeeper is mounting a comprehensive legal, technical and policy

> campaign to stop this needless killing of fish and evisceration of the

> Clean Water Act.  Please contact us.

>

> Reed Super, Senior Attorney David Gordon, Senior Attorney

> 845-424-4149, ext 224       845-424-4149, ext 225

> rsuper@riverkeeper.org      dgordon@riverkeeper.org



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