Navigating the Permit Process for Desalination LBWD Experience
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1 Navigating the Permit Process for Desalination LBWD Experience AWWA Desalination Symposium May 8, 2006 Long Beach Water Department Tai Tseng, P.E. 1
2 Presentation Outline Long Beach Overview Permits for Construction and Operation Long Beach s Experience Special Focus (closer look at one permit) Summary 2
3 Presentation Outline Long Beach Overview Permits for Construction and Operation Long Beach s Experience Special Focus (closer look at one permit) Summary 3
4 Long Beach Water Department Established in mi 2 area Service population of 487,100 50% surface water 42% groundwater 8% reclaimed water Treats groundwater from 30 wells 4
5 LBWD s Seawater Desalination Program Pilot program to test feasibility of NF 2 process since 2001 Successful demonstration led to design/construction/operations of larger prototypescale facility (operational 2006) Eventual 9-mgd desalination facility planned to be operational by
6 Presentation Outline Long Beach Overview Permits for Construction and Operation Long Beach s Experience Special Focus (closer look at one permit) Summary 6
7 Permits for Construction and Operation Issues Endangered Species Coastal Land Use Waterway Use Permitting Agency Fish and Wildlife Service National Marine Fisheries Service California Dept. of Fish and Game State Lands Commission California Coastal Commission Local Planning and Building Mineral Management Service Army Corp of Engineers Coast Guard Regulation Environmental Protection Agency South Coast Air Quality Management District Regional Water Quality Control Board California Department of Health Services 7
8 Endangered Species Fish and Wildlife Service (FWS) Federal Endangered Species Act landward portions of the project Section consultations with the Corps for listed species, habitats Section 10(a) permit for incidental take of listed species, habitats National Marine Fisheries Service (NMFS) Endangered Species Act marine resources in U.S. Exclusive Economic Zone Marine Mammal Protection Act Incidental Harassment Authorization for incidental take of marine mammals in Federal Waters 8
9 Endangered Species (cont d) California Department of Fish and Game (CDFG) California Endangered Species Act landward, Coastal Zone, State Waters Section permit for incidental take of state listed species, habitats Section 1602 Notification, Lake or Streambed Alteration Agreement 9
10 Coastal Land Use State Lands Commission (SLC) Grants land use leases for activities in navigable and tidal waters up to 3 nautical miles from shore ( sovereign lands ) Local city government grants land use leases in SLC lands legislatively granted California Coastal Commission (CCC) California Coastal Act governs action in Coastal Zone Coastal Zone Management Act consistency review authority in Federal Waters Local Planning and Building (P&B) Local governments (w/certified Local Coastal Program) have permitting authority in Coastal Zone 10
11 Waterway Use Minerals Management Service (MMS) Outer Continental Shelf (OCS) Lands Act lease and right-ofway grants on submerged lands within U.S. Exclusive Economic Zone (3 200 nautical miles) Army Corps of Engineers (Corp) Clean Water Act (Section 404) discharge of dredge or fill material into jurisdictional Waters of the U.S. Rivers and Harbors Act (Section 10) obstructions to navigable Federal Waters Coast Guard (CG) Marine Safety Manual safety of navigation in State and Federal Waters 11
12 Regulations Environmental Protection Agency (EPA) National Environmental Policy Act (NEPA) Applicability Assess project s environmental Impact Environmental Process Categorical Exclusion Negative Declaration Environmental Impact Statement California Environmental Quality Act (CEQA) Applicability Supplemental information for state, local agency permit applications Environmental Process See NEPA 12
13 Regulations South Coast Air Quality Management District (AQMD) Clean Air Act limits criteria pollutant emissions 3 25 nautical miles Established by EPA Regional Water Quality Control Board (RWQCB) Clean Water Act Established by EPA Section 402 National Pollutant Discharge Elimination System (NPDES) Permit for ocean discharge of diluted brine from desalination process Section 403 additional regulatory requirements 13
14 Regulations California Department of Health Services (CDHS) Safe Drinking Water Act compliance Drinking Water Program grants Domestic Water Supply Permit Source may be subjected to (Impaired Source Water) 14
15 Presentation Outline Long Beach Overview Permits for Construction and Operation Long Beach s Experience Special Focus (closer look at one permit) Summary 15
16 Long Beach s Experience Prototype Testing Facility Strategy Temporary facility to test process Attempted to obtain permit waivers and exemptions where possible Avoid waterway issues Avoid drinking water permitting issues Limit discharge permitting issues 16
17 Long Beach s Experience (cont d) Issues Endangered Species Permitting Agency Fish and Wildlife Service (FWS) National Marine Fisheries Service (NMFS) California Dept. of Fish and Game (CDFG) Exemption Temporary testing facility Using power plant intake 17
18 Long Beach s Experience (cont d) Issues Coastal Land Use Permitting Agency State Lands Commission (SLC) California Coastal Commission (CCC) Local Planning and Building (P&B) SLC - Deeded authority to local P&B CCC - Given authority to local P&B with certified local coastal program Local P&B Applied for conditional use coastal permit Approved permit in accordance with local use program CCC did not appeal finding 18
19 Long Beach s Experience (cont d) Issues Waterway Use Permitting Agency Mineral Management Service (MMS) Army Corp of Engineers (CORP) Coast Guard (CG) MMS Exempted Corp CG Avoided navigable water by locating intake within power plant s intake structure Avoided navigable water by locating intake within power plant s intake structure 19
20 Long Beach s Experience (cont d) Issues Regulation Permitting Agency Environmental Protection Agency (EPA) South Coast Air Quality Management District (AQMD) Regional Water Quality Control Board (RWQCB) California Department of Health Services (CDHS) EPA (NEPA & CEQA) Categorical exclusion AQMD Exempted RWQCB Obtained NPDES permit CDHS - Exempted Water will not be served to public 20
21 Presentation Outline Long Beach Overview Permits for Construction and Operation Long Beach s Experience Special Focus (closer look at one permit) Summary 21
22 Special Focus Regional Water Quality Control Board (RWQCB) Clean Water Act - NPDES Permit for discharge of diluted brine California Ocean Plan prohibits brine discharges into Areas of Special Biological Significance California Water Quality Control Plan limits temperature of thermal brine discharges Section 401 certifies brine discharges under Federal permits in State Waters 22
23 Discharge Issues Special Focus (cont d) Chemicals added during desalination process Includes scale inhibitor, acid, chlorine, sodium bisulfite, and membrane cleaning solutions Membrane cleaning solutions are mixed in batchs and hauled off-site for disposal Permeate and brine contains low levels of other chemicals Attempted to obtain discharge waiver through performing mass balance on system and demonstrating limited impacts Attempt was unsuccessful 23
24 Discharge Issues Special Focus (cont d) Chemicals are added during desalination process Discharge limits for metals are very low Copper discharge limit is 3.2 µg/l, seawater background level is 2.8 µg/l Analysis of metals in seawater matrix difficult Analytical interferences from high salt concentrations can result in erroneous readings (high bias) Ultimately was issued a discharge permit, contained provisions for routine monitoring and reporting 24
25 Presentation Outline Long Beach Overview Permits for Construction and Operation Long Beach s Experience Special Focus (closer look at one permit) Summary 25
26 Summary Don t wait until the last minute There are a lot of agencies involved and a lot of overlap so looking ahead is critical Need to systematically go through issue of concern to capture all potentially applicable permits Very site specific Don t be misled that waivers are always obtainable Plan on plenty of time in case a permit is needed 26
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