FINAL REPORT Evaluation of Seawater Desalination Projects ...

EVALUATION OF SEAWATER DESALINATION PROJECTS
PROPOSED FOR THE MONTEREY PENINSULA
Although there were no specific lists of requirements or regulations identified for this review
and the specific status of the regulatory process is not documented at this time, Table 11 lists
requirements, reviews, approvals, and permits that may be required as projects progress.
All three terrestrially based projects would have similar permitting requirements. Current
permitting activities center around the CPUC for the CWP and permitting for the pilot study
for the MBRSDP. CAW has secured permits from Monterey County and the California
Coastal Commission for the CWP pilot plant, and construction of the pilot plant is currently
underway on the Moss Landing Power Plant site. P/SMCSD has filed applications but to
date has not obtained the necessary permits for the MBRSDP pilot plant at the former
National Refractories site.
U.S. Environmental Protection Agency Power Plant Regulation (Phase II
Section 316(b))
In July 2004, the U.S. Environmental Protection Agency (EPA) published a final rule to
implement Section 316(b) of the Clean Water Act 51 for certain existing power producing
facilities that have a cooling water intake structure and are designed to withdraw 50 million
gallons per day or more of water from rivers, streams, lakes, reservoirs, estuaries, oceans, or
other waters of the United States for cooling purposes. The rule constitutes Phase II of
EPA’s section 316(b) regulation development, and establishes national requirements and
procedures for implementing those requirements, applicable to the location, design,
construction, and capacity of cooling water intake structures at these facilities. The rule
applies to existing facilities that, as their primary activity, both generate and transmit electric
power or generate electric power but sell it to another entity for transmission. The national
requirements, which will be implemented through National Pollutant Discharge Elimination
System (NPDES) permits, are based on the best technology available to minimize the adverse
environmental impact associated with the use of cooling water intake structures. EPA’s July
2004 final rule establishes performance standards that are projected to reduce impingement
mortality by 80 to 95 percent and, if applicable, entrainment by 60 to 90 percent. With the
implementation of the July 2004 rule, EPA intends to minimize the adverse environmental
impact of cooling water intake structures by reducing the number of aquatic organisms lost as
a result of water withdrawals associated with these structures.
The rule’s impact on the Moss Landing Power Plant (MLPP) is that they are required to
develop a compliance demonstration study that consists of a series of reports to evaluate how
past and/or proposed actions will meet the 316(b) rule requirements. The State of California
Regional Water Quality Control Board will review and comment on the study. MLPP has
51
This discussion uses or closely paraphrases text from Federal Register / Vol. 69, No. 131 / Friday,
July 9, 2004 / Rules and Regulations.
Monterey Peninsula Water Management District 7-5