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The September public meeting is designed to assist EPA in developing options relating to the development of proposed regulations under § 316(b) applicable to cooling water intake structures. The purpose of this meeting is to facilitate an exchange of information that will assist EPA. In particular, EPA is seeking input on technology issues, cost issues, and mitigation issues raised by this rulemaking effort. To help you prepare for this public meeting, EPA thought it would be helpful for attendees to see a set of specific issues on which EPA seeks input from stakeholders. This set of issues is listed below.

Issues for Discussion at the Public Meeting on September 10 and 11, 1998

Regarding § 316(b) Rulemaking

Technology Issues

Best Technology Available (BTA) could be a single technology or a suite of technologies that work together to meet the goal of minimizing adverse environmental impacts from cooling water intake structures. EPA has not yet reached a definition, and thus solicits input on the following.

  1. Is there a BTA technology or a suite of BTA technologies that can be applied on a national basis?

  2. Is there a BTA technology that can be applied on a waterbody environment basis (e.g., estuary, lake, larger river, ocean)? If so, what conditions/factors prevent the application of the technology nationwide?

  3. Are there measures other than structural (excluding mitigation) that can effectively minimize adverse environmental impacts from cooling water intake structures (e.g., operational measures)?

  4. What techniques and criteria should be used to measure the efficacy of a technology's performance? Are there performance measures (e.g., a bucket of fish) or rate base measures (e.g., not more than 10% of the standing population of blue crab) that can be used to measure BTA effectiveness?

      
Cost Issues

      
EPA solicits input on how, if at all, costs should be taken into 
      account in determining the technology that meets § 316(b) requirements; 
      the types of cost tests that should be conducted; and the organizational 
      or structural level at which any cost tests should be carried out.

      
    
        
    
        
  1. Role of costs in determining § 316(b) requirements on a case-by-case 
        basis. 
        
      a. Should § 316(b) requirements be determined by the minimization 
          of adverse environmental impact only, without regard to costs? 
          
      b. Should costs be considered in determining which technology or 
          suite of technologies meets the requirements of § 316(b)? 
    
        
    
        
  2. Potential cost tests in the § 316(b) proposed rulemaking 
        
      a. If costs are to be considered on a case-by-case basis, what 
          should be EPA's approach? What type of "cost test" should be used? 
          Types of cost tests may include, but are not limited to: 
          
        i. cost-benefit tests (costs compared with benefits or a 
            "wholly-disproportionate" test); 
            
        ii. cost-effectiveness tests (e.g., limit on the absolute cost 
            per unit reduction in environmental impact) 
            
        iii. affordability tests (e.g., costs compared with revenues or 
            profits); 
            
        iv. absolute threshold tests (limits on the absolute level of 
            costs imposed on a facility, category of facility, or industry). 
          
      b. What are the important parameters that EPA should take 
          into account in its cost test approach? Are these important for all 
          industries or only selected industries? 
    
        
    
        
  3. Level of § 316(b) cost tests. 
        
      a. What is the appropriate level at which § 316(b) cost tests 
          should be conducted to determine the technology that meets the 
          requirements of § 316(b)? Levels of cost tests may include, but are 
          not limited to: 
          
        i. the facility (i.e., a permit-by-permit approach); 
            
        ii. the utility or firm; 
            
        iii. the aquatic habitat immediately surrounding a facility 
            (e.g., a watershed or eco-region); 
            
        iv. the North American Electric Reliability Council (NERC) 
            region; 
            
        v. the industry as a whole. 

      
Mitigation 
      Issues
EPA does not view mitigation as BTA in 
      itself, but sees mitigation as a potential means of supplementing 
      technology to satisfy the requirements of § 316(b). Mitigation is 
      typically defined as compensatory activities (e.g., hatcheries for 
      replacement of impinged or entrained organisms) which serve to minimize 
      adverse environmental impacts caused by cooling water intake structures. 
      
    
        
    
        
  1. What should the role of mitigation play in meeting the requirements 
        of § 316(b)? 
        
    
        
  2. What types of mitigation if any, should be employed to offset 
        adverse environmental impacts from cooling water intake structures? 
        
    
        
  3. What types of demonstration should the applicant have to make to 
        show that any mitigation effort will produce incremental environmental 
        benefits? What information should the applicant be required to provide 
        on the effectiveness of mitigation or the limitations of BTA at their 
        facility?