C.M.R. 06, 096, ch. 526 - COOLING WATER INTAKE STRUCTURES

  1. § 096-526-1 - References to Federal Regulations and Definitions
  2. § 096-526-2 - Purpose and Scope
  3. § 096-526-3 - Compliance with this Chapter
  4. § 096-526-4 - Definitions
  5. § 096-526-5 - Applicability to New Facilities [See 40 CFR Section 125.81]
  6. § 096-526-6 - Terms and Conditions for New Facilities [See 40 CFR Section 125.84]
  7. § 096-526-7 - Alternative Terms and Conditions for New Facilities. [See 40 CFR Section 125.85]
  8. § 096-526-8 - Application Requirements for New Facilities [See 40 CFR Section 125.86]
  9. § 096-526-9 - Monitoring Requirements for New Facilities
  10. § 096-526-10 - Recordkeeping and Reporting Requirements for New Facilities
  11. § 096-526-11 - Application Processing Procedures for New Facilities. [See 40 CFR Section 125.89]
  12. § 096-526-12 - Applicability to Existing Facilities. [See 40 CFR Section 125.91]
  13. § 096-526-13 - Terms and Conditions for Existing Facilities. [See 40 CFR Section 125.94]
  14. § 096-526-14 - application requirements for existing facilities [See 40 CFR Section 125.95]
  15. § 096-526-15 - Monitoring Requirements for Existing Facilities. [See 40 CFR Section 125.96]
  16. § 096-526-16 - Record Keeping and Reporting Requirements for Existing Facilities
  17. § 096-526-17 - Application Processing Procedures for Existing Facilities [See 40 CFR Section 125.98]
  18. § 096-526-18 - Application Requirements for New and Existing Facilities

SUMMARY: This Chapter establishes requirements that apply to cooling water intake structures at new and existing facilities that are subject to section 316(b) of the Clean Water Act (CWA), 33 U.S.C. § 1326(b). These requirements include standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures (for example, permit application requirements, information submission requirements) for establishing the appropriate technology requirements at certain specified facilities as well as monitoring, reporting, and recordkeeping requirements to demonstrate compliance. In combination, these components represent the best technology available for minimizing adverse environmental impact associated with the use of cooling water intake structures.

These requirements will be established and implemented in Maine Pollutant Discharge Elimination System (MEPDES) permits issued under the State's delegated authority under the CWA, in accordance with the procedures of Chapter 522 and Chapter 2 of the Department of Environmental Protection's (Department) rules, as applicable. In the event of inconsistencies with Chapter 522 or Chapter 2, cooling water intake applications will be processed in accordance with the procedures set forth in this Chapter.

This rule does not authorize take, as defined by the Endangered Species Act, 16 U.S.C. 1532(19). The U.S. Fish and Wildlife Service and National Marine Fisheries Service (the Services) have determined that any impingement (including entrapment) or entrainment of State or federally listed species constitutes take. Such take may be authorized pursuant to the conditions of a permit issued under 16 U.S.C. 1539(a) or where consistent with an Incidental Take Statement contained in a Biological Opinion pursuant to 16 U.S.C. 1536(o).

Notes

C.M.R. 06, 096, ch. 526
APA EFFECTIVE DATE:
2/20/2024 - filing 2024-035
EFFECTIVE DATE:
This rule will become effective upon the approval of the U.S. Environmental Protection Agency of related parts of the State's application to administer the National Pollutant Discharge Elimination System program of the Federal Clean Water Act, pursuant to 40 CFR part 123 . This approval is pending.

AUTHORITY: 38 MRSA §§341-H and 414-A(6)

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