Ocean Standards - CWA §316(b) Regulation

On May 4, 2010, the State Water Resources Control Board (State Water Board) adopted a Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling (Policy). The Policy became effective on October 1, 2010.

The Policy establishes technology-based standards to implement federal Clean Water Act section 316(b) and reduce the harmful effects associated with cooling water intake structures for power generating facilities on marine and estuarine life. The Policy applied to 19 existing power plants (including two nuclear plants) with the combined ability to withdraw almost 16 billion gallons per day from the state’s coastal and estuarine waters using a single-pass system, also known as once-through cooling (OTC). Closed-cycle wet cooling has been selected as Best Technology Available (BTA). Permittees must either reduce intake flow and velocity (Track 1) or reduce impacts to aquatic life comparably by other means (Track 2).

The Policy is implemented through an adaptive management strategy by which the standards can be achieved without disrupting the critical needs of the state's electrical generation and transmission system. The Statewide Advisory Committee on Cooling Water Intake Structures (SACCWIS) reviews implementation plans and schedules to ensure the schedules take into account local area energy needs and grid reliability. SACCWIS provides recommendations to the State Water Board at least annually. The State Water Board considers SACCWIS’s recommendations and makes modifications to the Policy, as appropriate.

Eight plants have ceased their once-through cooling operations. In 2016, the eleven plants still operating once-through cooling systems withdrew slightly more than four billion gallons of water a day. These eleven plants have informed the State Water Board that they are planning to comply by retiring their existing OTC plants’ equipment. In some cases, plants will repower their locations with modern non-water cooled systems.

Official Policy Documentation

News!

Public Notice: OTC Policy: 2016-2017 Interim Mitigation Determination
The State Water Board is accepting written comments on the draft Determinations.

Comment Deadline is July 6, 2018 by 12 noon.

Public Meetings

Other Relevant Documents

• Electric Grid Reliability Impacts from Once-Through Cooling in California (Jones & Stokes Associates, April 2008)
• California's Coastal Power Plants: Alternative Cooling System Analysis (TetraTech, February 2008)
• Assessment of Once-Through Cooling System Impacts to California Coastal Fish and Fisheries (Electric Power Research Institute, December 2007)
• Issues Analysis of Retrofitting Once-Through Cooled Plants with Closed Cycle Cooling (Electric Power Research Institute, October 2007)
• 1975 Policy on the Use of Inland Waters for Powerplant Cooling - Includes Resolution 75-58
• Federal Water Pollution Control Act: Title 33, Chapter 26, Sec. 316 (b)

Committees

The two committees listed below, were convened by the Executive Directory of the State Water board, as required by the Policy. The committees are subject to the Bagley-Keene Open Meeting Act

Statewide Advisory Committee on Cooling Water Intake Structures (SACCWIS)
SACCWIS was established to advise the State Water Board on the implementation of this Policy to ensure that implementation plans and schedules established by the Policy are realistic and will not cause disruption to the State’s electrical power supply.  SACCWIS includes representatives from the California Energy Commission, California Public Utilities Commission, California Coastal Commission, California State Lands Commission, California Air Resources Board, California Independent System Operator, and the State Water Board. 

Review Committee for Nuclear Fueled Power Plants
The Review Committee was established to oversee the special studies, which will investigate ability, alternatives, and cost for two nuclear-fueled power plants to meet the Policy requirements.  The special studies will be conducted by an independent third party with engineering experience with nuclear power plants, selected by the Executive Director of the State Water Board, and paid for by the two nuclear-fueled power plants subject to the Policy.  The Review Committee includes representatives from the SACCWIS agencies, the nuclear power companies, the environmental community, and staffs of the State Water Board and appropriate Regional Water Boards.

Permitting of Affected Power Plants

The Policy is implemented through National Pollutant Discharge Elimination System (NPDES) permits for coastal and estuarine power plants. The applicable Regional Water Boards are responsible for implementing the Policy requirements in NPDES permits for existing coastal and estuarine power plants. The water boards determine requirements to implement best technology available for cooling water intake structures to be included in the permits. State Water Board staff provides technical support to the Regional Water Boards to ensure a high level of statewide consistency in implementing the Policy..  »»   Get more information …

Questions or Comments

• Permitting Issues - Renan Jauregui at (916) 341-5505 or by email at Renan.Jauregui@waterboards.ca.gov
• Policy Issues - Katherine Faick at (916) 445-2317 or by email at Katherine.Faick@waterboards.ca.gov or Julie Johnson at (916) 341-5687 or Julie.Johnson@waterboards.ca.gov

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(Updated 6/12/18)