Habitat Protection Programs
The Bureau of Habitat's Steam-Electric Unit (SEU), is made up of biologists who work to mitigate the adverse aquatic impacts resulting from the operation of industrial and commercial cooling water use. Steam-electric stations such as fossil fuel and nuclear generating plants use by far the greatest volume of cooling water from our lakes, rivers and marine district. Other users of cooling water in New York include commercial offices (air conditioning) and the cement, salt and sugar industries.
As a consequence of withdrawing water for cooling, fish and other aquatic life may be drawn into the facility and killed when larger individuals become impinged on the intake screens (designed to keep debris in the water from entering the plant), or when early life stages of fish such as eggs and larvae and other small aquatic life pass through the screen mesh and into the station (a process called entrainment). In 2000, the United States Geological Survey (USGS) estimated that New York ranks 6th among the nation in using once through cooling water for steam electric power generation (USGS 2000 water use report) . Based on data collected by the Steam Electric Unit, New York steam electric plants use almost 7 trillion gallons of cooling water annually, resulting in the impingement and entrainment of over 8 trillion fish of all life stages each year. Adverse impacts to aquatic life can also occur through the discharge of cooling water (the temperature often raised by 10 to 20 degrees F) back to the lake or river, a process known as thermal pollution. Thermal pollution can kill fish outright, block fish migrations, cause the growth of nuisance species, and create other problems as well.
The goal of the SEU is to minimize the mortality to fish caused by the operation of cooling water intakes. Both Section 316(b) (www.epa.gov/waterscience/316b/basic.htm) of the federal Clean Water Act and New York State regulations (6NYCRR Part 704) provide the legal basis for our program. These laws and regulations protect our waters from thermal pollution, and require that cooling water intake structures make use of the best technology available (BTA) to minimize adverse environmental impacts. Staff review proposals for the construction of new power plants and periodically assess the operational impacts of existing stations located throughout the State. New power plants are required to use the most protective intake technologies. For existing stations, studies are conducted to determine the magnitude of impact and the actions necessary to minimize those adverse effects. BTA can be implemented through a number of ways, and each power plant, whether new or old, presents its own conditions and problems which require site specific assessment. BTA determinations can include many different mitigative technologies and often more than one technology is required at a single facility. Mitigation is aimed at minimizing adverse environmental impacts, but not at a social and economic cost that is wholly disproportionate to the related environmental benefit.
New Power Plants
The SEU is at the national forefront in applying state of the art technology to achieve BTA for mitigating impacts from cooling water intakes. For new power plants, these include requiring the use of evaporative, air cooled and hybrid cooling towers to reduce cooling water use by 95% or more, fine wedge wire intake screening and/or aquatic filter barriers to prevent fish impingement and minimize the entrainment of early life stages of fish.
The deregulation of the electric industry in New York State resulted in more than 60 proposals to build new power plants, primarily along the Hudson River estuary, the New York City harbor area, and in Long Island. Although only a few of these proposed plants were ever built, they all use a closed cycle cooling system and protective intake structures, or equivalent mitigation, to minimize impacts on aquatic resources. The Athens Generating Station, in Greene County near the Hudson River was the first major power plant to come on line under the NYS Public Service Commission's Article X siting law. The 1,080 MW station began operating in the later part of 2003. The station uses dry cooling towers and withdraws only 18,000 gallons of cooling water per day. The withdrawal of this water results in very little impact on the aquatic organisms of the Hudson River.
In December 2001, EPA issued final regulations under Section 316(b)of the federal Clean Water Act, establishing location, design, construction and capacity standards for cooling water intakes at new (Phase I) facilities. All new electrical generating stations that withdraw more than 2 million gallons per day (MGD) of cooling water are regulated. In New York State, those subject facilities must comply with both 316(b) and NYCRR 704.5 requirements.
Existing Power Plants
The existing older power plants in the state in many ways present the most difficult challenge for the unit. Retrofitting new technologies on old systems that were never designed for such use always presents difficulties. A careful site specific assessment of the station's impacts and the feasibility and costs of alternatives are required before a decision on BTA can be made. Some technologies used to mitigate impacts at existing stations include:
- modified Ristroph-type intake screens and return systems designed to reduce impingement stresses and return fish to the waterbody with a high rate of survival at the Dunkirk and Huntley Generating Stations (Great Lakes);
- an acoustic deterrent system to keep alewife from entering the cooling water intake at the J.A. FitzPatrick Nuclear Generating Station (Lake Ontario);
- forced generation outages to reduce cooling water use during fish spawning periods at Hudson River plants;
- a barrier net that excludes adult fish from the intake structure at Bowline Station (Hudson River);
- operational restrictions that reduce cooling water flow during the winter period at several stations;
- deployment of an aquatic filter barrier to exclude all life stages of fish from the water intake at the former Lovett Generating Station (Hudson River - station now retired);
- Requirements to install variable speed pumps and scheduling of unit outages to minimize water use and reduce fish mortality at the Ravenswood Generating Station.
- Requirements to install variable speed pumps and a fish deterrent system at the Danskammer Generating Station;
- Requirements to install variable speed pumps, modified Ristroph-type intake screens/fish return system and study the use of fine mesh screens at the Astoria Generating Station; and
- Requirements to install modified Ristroph-type intake screens/fish return system and study the use of fine mesh screens at the Arthur Kill Generating Station.
Where impacts are large, the optimal approach from our standpoint is to repower an existing facility into a state-of-the-art power plant. The facility can thus be redesigned into an efficient new station (e.g. using combined cycle technology) that will reduce fuel use, greatly increase thermal efficiency and minimize impacts to air and water. By incorporating BTA in the design phase, the projects can more easily accommodate technologies such as closed cycle cooling, and the most protective intake structures. In addition, this approach results in the re-use of an existing industrial site rather than disturbance to a greenfield site. The old 400 MW Albany Steam Generating Station, a once through cooled plant was successfully repowered into the Bethlehem Energy Center (BEC), a 750 MW highly efficient, combined cycle station. Through use of the combined cycle process and mechanical draft cooling towers, cooling water was reduced from approximately 500 MGD to less than 10 MGD. The new BEC began commercial operation in mid 2005. Almost twice as much electricity is now being produced at far lower impacts to the aquatic resource.
In September 2004, final regulations under Section 316(b) of the Clean Water Act became effective for cooling water intakes at existing power plants that withdraw a minimum of 50 MGD of cooling water. Staff incorporated elements of this regulation, commonly referred to as the Phase II rule, into the BTA decision making process, to be used in conjunction with NYCRR Part 704.5. However, in January 2007, the U.S. Circuit Court of Appeals for the Second Circuit remanded most provisions of the Phase II rule on grounds which included inconsistency with the Clean Water Act. EPA later suspended the rule, effective July 9, 2007. By this action, however, EPA did not suspend the provision which directs permitting authorities to establish BTA requirements for existing facilities on a best professional judgement basis. The Department will therefore continue to establish BTA requirements under 6NYCRR Part 704.5, on a case by case basis, using best professional judgement.
For more information on the unit's activities please contact Chuck Nieder at 518-402-9216.
Wind Power
The 2002 New York State Energy Plan placed a priority on increased energy diversity and use of renewable energy sources. In 2004, New York State implemented a Renewable Portfolio Standard to promote the research, development and use of alternative energy. Under the current standard, the goal is to increase the proportion of renewable electricity used by New Yorkers from the 2004 baseline of 19.3% to at least 25% by the year 2013. Renewable energy sources include wind, hydroelectric, solar and biofuels.
New York's wind resource has the potential to provide more than 5000 megawatts (MW) of clean energy. Windpower is a clean and non-consumptive means of producing energy. The large turbines, however, can cause adverse impacts to resident and migratory birds and bats. Currently, there are no State laws or regulations governing the siting, design and operation of windpower projects. Under the State Environmental Quality Review Act (SEQRA), the Department may consider what, if any, significant adverse impacts may result from a given project. The Bureau of Habitat, together with the Bureau of Wildlife, provide review and evaluation of these potential impacts and make recommendations to the lead agency regarding suitability of the project.
For more information on the Bureau of Habitat's role in windpower projects, please see our Wind Power page or contact Mark Woythal at 518-402-8847.
In-Stream Habitat Protection
The Bureau of Habitat's Instream Habitat Protection Unit primarily functions to mitigate the adverse environmental impacts from the operation of hydroelectric stations. The operation of hydroelectric plants can cause serious ecological impacts. Fish can be killed directly as they pass through the turbines used to produce electricity. Water impounded by hydroelectric dams may cause downstream river sections to completely dry up, turn flowing rivers into ponds, and prevent upstream spawning migration of fish.
Relicensing
There are currently over 200 hydroelectric projects in New York State. Once every 30 to 50 years these projects are relicensed by the Federal Energy Regulatory Commission (FERC). Since the FERC relicensing process is governed by federal regulations, state laws are preempted except that we must issue a 401 Water Quality Certificate. This certificate contains conditions that will ensure water quality standards for the protection of aquatic resources are met by the project. The manner in which the project is operated can have a dramatic effect on the fish and wildlife resources. Many projects historically operated by using large drawdowns in the impoundment to release large flows through their turbines, and then shutting off flows to the river. The drawdowns in the impoundment and the shutting off of flow to the river cause serious impacts to aquatic resources. DEC staff participates in the federal process where we request studies needed to evaluate the impacts of the project and then recommend mitigation. A large group of hydroelectric projects (most owned by Niagara Mohawk Power Corp.) that were due to be relicensed in 1993 (the Class of '93) are nearly all completed. After many years of discussion and disagreement on how the projects should be operated, DEC, NMPC and a host of other interested parties have completed settlement agreements on all but one of these projects.
Aquatic Base Flow
The Instream Habitat Protection Unit also evaluates non-hydroelectric projects proposing stream base flow alterations that may result in adverse impacts to aquatic resources such as water withdrawals for snowmaking or reservoir releases. This work is conducted under the authority of Article 15 and the 401 Water Quality Certificate portion of the Clean Water Act.
For further information on the activities of the Instream Habitat Protection Unit, contact Mark Woythal at 518-402-8847.
Hazardous Waste Site Evaluation
The Bureau of Habitat's Hazardous Waste Site Evaluation Unit (HWSEW), is staffed by biologists in the Department's Albany office who work to eliminate the existing and potential adverse impacts of hazardous waste sites on fish and wildlife resources. To the extent that the HWSEU is successful in meeting this goal, adverse impacts to the ecosystem from contaminants in the environment are eliminated or reduced, habitats are remediated and restored, and the use of the resource by both fish and wildlife and humans is made safer. The primary work of the Unit is to provide technical advice to the Division of Environmental Remediation (DER) on DFWMR program matters during the investigation and remediation of contaminated sites in New York State. In this role, staff review work plans, data reports and remedial investigations, and provide input on biological sampling plans, preferred remedial alternatives, design, construction and monitoring activities. In order to provide current and scientifically-based review, the Unit must also allocate time for research on contaminants in the environment, ecotoxicology, technological advancements in remediation, federal and state laws, regulation and criteria, ecological risk assessment, habitat restoration and habitat requirements for New York State fish and wildlife.
The HWSEU works under the authority of Title 13 Inactive Hazardous Waste Disposal Sites of New York State and Title 14 Brownfield Cleanup Program of Environmental Conservation Law (ECL), Article 27, Collection, Treatment and Disposal of Refuse and Other Solid Waste, and 6 NYCRR Part 375. The Unit is supported by both the Hazardous Waste Remedial Fund (State Superfund) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA - commonly known as the Federal Superfund). The Onondaga Lake Project, a federally funded program to investigate, remediate and restore Onondaga Lake in Syracuse, New York is a major project for the unit. Decades of industrial pollution and disposal of wastes in and around the lake resulted in severely degraded water quality and contaminated sediments. These conditions resulted in significant adverse impacts to populations of fish and wildlife using the lake. Through the NYSDEC Remedial Program, sites contributing contamination to Onondaga Lake are gradually being identified and cleaned up.
The primary DFWMR guidance documents used in hazardous waste site evaluation are the Fish and Wildlife Impact Analysis for Inactive Hazardous Waste Sites (PDF File, 543 Kb) and the Technical Guidance for Screening Contaminated Sediments (PDF File, 158 Kb).
For further information on the activities of the Hazardous Waste Site Evaluation Unit, please contact Christina Dowd at 518-402-8976..
More about Habitat Protection Programs:
- Daily Power Plant Cooling Water Use by State - Comparison of total daily cooling water used by steam-electric power plants in each state.
