Implementing the New Ocean Plan Desalination Amendments

Transcription

1 Implementing the New Ocean Plan Desalination Amendments Claire Waggoner Statewide Policies and Planning Unit Chief Division of Water Quality State Water Resources Control Board

2 Presentation Overview Background on the Desalination Amendment to the Ocean Plan Components of the Desalination Amendment Implementation Process

3 State and Regional Water Boards Develop Statewide Plans, Policies, and General Orders Implementation Consultation Issue Permits Enroll Dischargers in General Orders Develop Water Quality Objectives and Basin Plan Amendments

4 California Ocean Plan California s water quality control plan for ocean waters Protects beneficial uses Establishes water quality objectives Implements state law governing areas where ocean discharges are prohibited Implemented through NPDES permits issued by the regional water quality control boards Desalination Amendment, Adopted May 6, 2017 Effective January 28, 2017

5 Desalination and the Drought 4

6 Why Address Seawater Desalination Facilities in the Ocean Plan? Desalination facilities have the potential to harm marine life Ensure California has a diverse water supply portfolio while protecting marine resources and water quality Provide more regulatory certainty and direction on how to best assess and minimize environmental impacts 4 4

7 Desalination Amendment Chapter III.M includes the following: 1) Applicability and general provisions 2) Direction for the Regional Water Boards for Water Code (b) determinations 3) Narrative receiving water limitation for salinity 4) Monitoring and reporting requirements 6

8 Applicability and General Provisions Applies to all desalination facilities using seawater, including pilot facilities Facility Type General (b) Salinity Limit Monitoring Existing X X X New X X X X Expanded X X X X Special Provisions Section of the Desalination Amendment Operated by a federal agency X X X Intake <0.1 MGD, portable, operated by government agency Short term water supply during a State of Emergency X Temporary waiver

9 Water Code (b) Determinations For each new or expanded coastal powerplant or other industrial installation using seawater for cooling, heating, or industrial processing, the best available site, design, technology, and mitigation measures feasible shall be used to minimize the intake and mortality of all forms of marine life.

10 CEQA Definition Definition of Feasible Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Public Resources Code ; 30108) Feasibility is considered throughout Chapter III.M.2, but some sections include requirements regardless of feasibility

11 Water Code (b) Seafloor conditions Determinations Site Design Identified need Best feasible available combination feasible to to minimize intake and mortality of of all all forms of marine life life Potential infrastructure configurations Commingling vs. diffusers Technology Surface vs. subsurface intakes or a combination

12 Why Consider All Forms of Marine Life? Water Code requires consideration of all forms of marine life Plankton and larvae: Form the base of marine food web Part of CA s nutrient-rich upwelling system Important for fisheries, tourism, and recreation Consistent with Once-Through Cooling Policy & Marine Life Protection Act

13 Intake and Discharge Considerations Subsurface intakes required unless not feasible Investigate sites that may support subsurface intakes Evaluate combination of surface and subsurface intakes Surface intakes 1.0 mm slot-sized screen Through-screen velocity 0.5 ft/s Preferred technologycommingling brine with wastewater Next best method is multiport diffusers May use other technologies that demonstrate comparable level of protection

14 Mitigation In-kind mitigation required for most impacts Out-of-kind mitigation for soft-bottom or open ocean habitats and species Mitigation ratios are at the discretion of the regional water board Mitigation options: Complete a mitigation project or contribute to fee-based mitigation program *No qualified fee-based mitigation program at this time

15 Water Code (b) Determinations Site Design Best feasible combination to minimize intake and mortality of all forms of marine life Technology Mitigation

16 Salinity Limit and Monitoring Applicable to all facilities: Discharges not to exceed 2 ppt above natural background salinity 100 m from each discharge point No vertical limit to this zone Opportunity to apply for an alternative receiving water limitation for salinity Monitoring is required

17 Seawater Desalination Facilities

18 Implementation Process Project applicant should initiate conversations with Water Board staff early on Owner or operator should submit request to for Water Code (b) determination to regional water board as early as practicable

19 Requesting a (b) Determination Send a letter requesting (b) determination to regional water board and cc State Water Board Include a matrix outlining compliance with Desalination Amendment and all supplemental documentation Ocean Plan Text Design outfall structures to minimize the suspension of benthic sediments Applicable (Yes/No) Example Matrix Narrative with supplemental information Yes Describe how project complies Include excerpts of supporting information Point to specific locations in the supplemental documentation (e.g., EIR- Appendix G, section 4.1, pages 1-7) Water Boards Comments

20 Process for Water Code Section (b) Determinations Water Boards staff will initiate formal interagency consultation process Conduct initial review to determine if information is sufficient

21 Process for Water Code Section (b) Determinations Water Boards staff evaluates feasible project alternatives based on analysis of the best available site, design, technology, and mitigation measures Regional Water Board staff makes recommendation to Regional Water Board (usually concurrent with NPDES permit process)

22 Thank You, Any Questions? Claire Waggoner Statewide Policies and Planning Division of Water Quality (916)