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For Release: Wednesday, March 10, 2010

DEC Takes Action To Protect Aquatic Life, Limit Water Intake by Certain Industrial Facilities

Policy Would Make Closed Cycle Cooling the Preferred Choice for Meeting BTA Mandates

The state Department of Environmental Conservation (DEC) today released a new proposed policy that will add significant protections for New York's vital fisheries by slashing water intake at certain power plants and other industrial facilities, Commissioner Pete Grannis said.

DEC released its plan to implement "best technology available" (BTA) requirements under the federal Clean Water Act. The proposal calls for power plants and other facilities that use water for cooling purposes to recycle and reuse that water through a process known as "closed cycle cooling" technology. This will greatly reduce the amount of water withdrawn from New York rivers or other water bodies and, correspondingly, minimize the amount of fish, fish eggs and larvae destroyed in the process.

The proposed policy is being published in today's Environmental Notice Bulletin and may be accessed through the DEC website. DEC is accepting public comments through May 9. (Details on how to comment are listed below.)

"This new policy will produce significant environmental benefits," Commissioner Grannis said. "By requiring modern recycling technology, New York's marine resources will be afforded greater protection, including many marine fish species that are vital to the state's commercial and recreational fishing industries but are being harmed by water intakes."

Cooling Technology and "Best Technology Available"

A number of industrial facilities in New York use a cooling-water-intake system to withdraw large volumes of water crucial to their operations. Many power plants use a "once-through" cooling process that involves withdrawing water to condense steam that is used to spin turbines, and then returning the heated water back to the waterway. In contrast, closed cycle cooling technology re-circulates the water instead of discharging it after one use, reducing the impacts on aquatic life by more than 90 percent.

The federal Clean Water Act and state regulations require that decisions on what type of cooling-water-intake system to employ at a specific facility be based on the best technology available for minimizing environmental impacts.

Previously, DEC has not prescribed a specific technology to achieve BTA requirements. The proposed policy changes that approach by requiring the use of closed cycle cooling to meet BTA obligations.

The proposed policy would apply to nearly all facilities designed to withdraw 20 million or more gallons of water per day and that require a State Pollution Discharge Elimination System (SPDES) permit -- unless an operator can demonstrate that closed cycle cooling technology cannot physically be implemented at a particular location. In that scenario, DEC will require other technologies to achieve essentially the same level of protection for aquatic life as closed cycle cooling. Such determinations typically are made when an operator applies for, or renews a SPDES permit.

"With this policy, New York is saying that closed cycle cooling is the best technology available and must be implemented to protect the environment," Commissioner Grannis said. "This is a positive step forward that will result in long-term benefits for our natural resources."

The public is invited to comment on this draft policy through May 9, 2010, by sending comments to: NYSDEC Bureau of Habitat, BTA Policy Comments, 625 Broadway 5th Floor, Albany, NY 12233-4756; or by email to fwhabtat@gw.dec.state.ny.us. After careful review and consideration of comments received, a final policy will be issued.

For more information about DEC's program to reduce the environmental impacts from the operation of industrial and commercial cooling water use, go to DEC website.

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