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CWA Section 316(b) Regulation

Power Plant Once-Through Cooling Regulation

The State Water Board staff is working on a draft statewide policy to implement section 316 (b) of the Clean Water Act that controls the harmful effects of once-through cooling water intake structures on marine and estuarine life. Since 1972, the Clean Water Act has required, in Section 316 (b), that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impacts. In 2001, USEPA promulgated new regulations governing cooling water intake structures for new power plants (Phase I) and, three years later, regulations for existing power plants (Phase II).

On July 31, 2006 the State Water Board held an initial public scoping* meeting for a statewide once-through cooling water policy to implement USEPA Phase II requirements for existing power plants. Since that time, the regulatory landscape has changed. In July of 2007, the USEPA suspended the requirements of cooling water intake structures at Phase II existing facilities. In response, the State Water Board subsequently released a revised scoping document in March of 2008, and held public scoping meetings in May 2008. State Water Board staff has since been meeting with a panel of experts, which presented their final findings in August 2008 on questions related to the scoping document and development of the policy.

* California Environmental Quality Act (CEQA) requires "scoping" as an early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action.

Tentative Timeline

State Water Board staff had hoped to have a draft Substitute Environmental Document (SED) for a proposed statewide policy on once-through cooling at coastal and estuarine power plants completed by the end of 2008. The draft SED will include a draft Policy, an environmental impacts assessment, discussion of issues and alternatives, and staff recommendations. However, due to staffing changes and contract delays, the projected release date for the draft SED has been extended to early 2009.

Available Documents (in descending chronological order):

Expert Review Panel Findings (August 2008):
The Expert Review Panel reviewed the scientific aspects of the proposed policy and provided final findings in August 2008 on questions related to the March 2008 Scoping Document.

State Water Board CEQA Scoping Meetings on May 8, 2008 in San Pedro and May 13, 2008 in Sacramento:

Symposium "Understanding the Environmental Effects of Once Through Cooling" on January 15 & 16, 2008, UC Davis University Club:

State Water Board CEQA Scoping Meeting on July 31, 2006 in Sacramento:

State Water Board Workshop on December 7, 2005 in Oakland

State Water Board Workshop on September 26, 2005 in Laguna Beach

Relevant Documents

Disclaimer: All documents and drafts are accurate as of the date prepared or presented, but may not represent the most current thinking or data available. Older documents are presented here for purposes of history or context.

 

(Updated 9/25/08)