Date Planning for Compliance with the Final 316(b) Phase II Regulations For APPA – March 8, 2004 David E. Bailey EPRIsolutions

Title 2 316(b) Decisions Facing Companies and/or Facilities  How much is this going to cost?  Which of the 5 compliance options should I use?  Should I start collecting impingement and entrainment samples?  What technologies will work at my facilities?  What should I be doing to help my Company prepare to comply?  Where should I go to get help or how to I select a consultant or consultants?

Title 3 Good News, Bad News & Uncertainties  Good News – Lots of flexibility for compliance  Bad News – All Phase II facilities will have 3 ½ to 4 ½ years to complete the Comprehensive Demonstration Study (CDS)  Uncertainties: - Outcome of Phase II Litigation? - EPA Guidance? - State Implementation?

Title 4 Flexibility and Complexity The rule allows facilities many options for compliance and providing required CDS:  5 Compliance Options  4 Options for developing impingement mortality and entrainment baseline  Numerous choices for use of alternative fish protection technologies or operational measures  Numerous options for use of restoration measures as an alternative to technologies and operational measures  2 Options for demonstrating compliance

Title 5 Steps in Overall Compliance Process 7 to 10 yrs.  Step 1 - Develop Strategic Compliance Approach Submit Proposal for Information Collection  Step 2 - Collect and Analyze Data to Evaluate Technologies 2005 and Establish Impingement and Entrainment & Baseline 2006  Step 3 - Make Compliance Decision and Prepare and Submit 2007 Comprehensive Demonstration Study  Step 4 - Implement Compliance Plan 2008  Step 5 - Verification Monitoring and Compliance 2009 Determination based on Meeting the Performance & Standard or conformance with the Technology 2010 Compliance and Assessment Information  Step 6 - Depending on Compliance Option either Abbreviated ? Submittal or Submit Revised TIOP or Prepare and Submit a Site-Specific Compliance Plan

Title 6 Three Phased (CDS) Compliance Process Step 1 (2004) - Develop Strategic Compliance Plan based on facility: a). design & location of intake and cooling system b) available biological data/information, c). preliminary technology/operational measure evaluation d). compliance options - Prepare and Submit “Proposal for Information Collection” - Meet with NPDES permitting authority and other appropriate State and/or Federal to: o Educate them on 316(b) o Discuss compliance plan and proposal for information collection

Title 7 Three Phased CDS Process (Cont.) Step 2 (2005 & 2006) Data Gathering and Analysis: - Implement and monitor results of the information collection plan using an adaptive management approach - Complete biological & engineering study analysis Step 3 – (2007) Prepare Comprehensive Demonstration Study (CDS)Submittal: - Based on Step 2 results make final decisions for facility compliance (Jan/Feb 07) - Develop detailed information supporting compliance plan (Feb – June 07) - Internal review and approval of CDS (July/Aug 07) - Submit CDS to NPDES permitting authority (Mid- Sept 07)

Title 8 Goals of Strategic Compliance Planning  Select most cost-effective compliance approach  Determine information collection needs  Provide a basis for forecasting budget to: - prepare CDS - costs of compliance

Title 9 Evaluating Technologies and/or Operational is a Key Element of Strategic Compliance Planning Evaluating Alternative Technologies and Operational Measures is Necessary to: - Identify credit for existing design and operation - Identify any cost effective technologies and operational measures for compliance - Demonstrating that restoration measures will be more feasible, cost effective and environmentally desirable than technologies and/or operational measures - Evaluate potential for use of an “approved technology” - Developing the cost component for both the cost-cost and cost-benefit test

Title 10 Impingement Mortality and Entrainment Baseline Characterization Studies  Most expensive component of CDS if biological field sampling is necessary.  A well designed Impingement Mortality and Entrainment Characterization should be based on: - potential technologies and/or operational measures that may be used for compliance - overall compliance strategy  If entrainment sampling is necessary be ready of 2005 sampling season

Title 11 What Should Facilities Be Doing Now  Educating management on rule impacts to facilities  Organizing a 316(b) team. Team members might include: corporate support, engineer, facility operator and/or environmental coordinator.  Deciding how much can be done in house and where consulting support is needed  Preparing strategic compliance plans  Forecasting budgets to: - prepare CDS - estimate costs of technologies and/or operational measures and/or restoration measures for compliance

Title 12 UWAG Advisory Session Benefits of Attendance include: - Better understanding of regulatory requirements - Technical presentations on studies and technologies - Feedback on questions that have been posed by companies who read the rule - Feedback on EPA responses to ?s - Information to help educate State and/or Federal regulators - Opportunity to meet vendors providing consulting services or compliance technologies.

Date For Assistance in 316(b) Phase II Strategic Compliance Planning or Full Compliance Support Sevices Contact: Dave Bailey 571/ Working in Partnership with Alden Research Laboratory, Inc.