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Public Comments Received on EPA's Proposed NPDES General Permit

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Public Comments Received on EPA's Proposed NPDES General Permit July 11, 2018 Comments of the Idaho Power Company on Idaho DEQ’s §401 Certification of EPA Region 10’s Proposed Hydropower General Permit Sent Via Email to: [email protected] Barry Burnell Water Quality Division Administrator Idaho Department of Environmental Quality 1410 N. Hilton Boise, ID 83706 Dear Mr. Burnell: Idaho Power Company (IPC) appreciates the opportunity to provide comments on the Idaho § 401 Water Quality Certification issued for the EPA Region 10 General Permit for Hydroelectric Facilities in Idaho. IPC submits the following comments for your consideration. IPC believes that Idaho Department of Environmental Quality (IDEQ), and not EPA, should be the agency responsible for drafting a general permit for hydroelectric facilities located in Idaho. As you are well aware, on July 1, 2018, Idaho achieved primacy concerning IPDES rules governing individual permits. By the year 2020 Idaho DEQ will begin implementation of general permits in Idaho. During its development of the rules governing the IPDES, IDEQ worked closely in a rulemaking with EPA and potentially affected stakeholders to develop the same. It is anticipated that IDEQ would undertake the same collaborative process in order to develop and implement such a permit. Conversely, EPA Region 10 has developed its Hydropower General Permit without soliciting information before submitting it to potentially affected stakeholders for comment. Idaho Power, in comments submitted today, urges EPA Region 10 to halt its efforts to implement the Region 10 Hydropower General Permit, and allow the state of Idaho, once it has primacy concerning general permits, to develop its own hydropower general permit through collaborative rulemaking should the state believe that such a permit is appropriate. However, in the event that EPA Region 10 proceeds with the Hydropower General Permit, IPC requests some clarification in IDEQ’s § 401 certification. On page 1, the Water Quality Certification indicates that EPA does not intend to cover facilities that have a cumulative CWIS with design intake flow of greater than 2 mgd and that uses 25 percent or more of the water the facility withdraws for cooling purposes on an average monthly basis. Later, page 6 indicates that facilities that use or propose to use one or more CWIS with a cumulative design intake flow of greater than 2 MGD or that uses 25% or more of withdrawn water for cooling must obtain an BRETT DUMAS 208-388-2330 Director 208-433-2837 FAX Environmental Affairs [email protected] {00237942.DOCX; 1} Barry Burnell Page 2 of 2 July 11, 2018 individual NPDES permit and will require individual 401 certifications. Will permits for facilities that meet both or one of the criteria require individual certifications? Thank you for the opportunity to comment. If there are any questions or need for clarification on any of the, please contact the undersigned. Idaho Power would appreciate any additional opportunity to work through items raised with IDEQ and Region 10. Sincerely, Brett Dumas cc: Dru Keenan, EPA {00237942.DOCX; 1} Alaska Power Association 703 West Tudor Road, Suite 200 Anchorage, Alaska 99503-6650 (907) 771-5700 Fax: (907) 561-5547 www.alaskapower.org July 11, 2018 Via E-Mail Ms. Dru Keenan Director, Office of Water and Watersheds USEPA Region 10 1200 Sixth Avenue, Suite 115 OWW-191 Seattle, WA 98101 [email protected] Re: Comments of the Alaska Power Association on the EPA Region 10 Proposed Issuance of NPDES General Permit for Hydroelectric Facilities Within the State of Idaho (IDG3600000) Dear Ms. Keenan: Alaska Power Association (APA), the statewide trade association for electric utilities in Alaska, respectfully submits the following comments on the EPA Region 10 Proposed Issuance of NPDES General Permit for Hydroelectric Facilities Within the State of Idaho (IDG3600000), 82 Fed. Reg. 18,555 (Apr. 27, 2018). Although the proposal from EPA Region 10 to issue National Pollutant Discharge Elimination System (NPDES) general permits for hydroelectric facilities discharging to waters within the State of Idaho does not apply to Alaska, we are concerned that EPA Region 10, which includes Alaska, would propose a requirement that appears contradictory to its intended application. !P!’s members provide power to a half-million Alaskans from Utqiagvik to Unalaska, throughout the Interior and Southcentral, and down the Inside Passage. Hydroelectric generation is a significantly important source for many of our members, with new hydro projects coming online recently. Therefore, we take a keen interest in new requirements proffered by federal agencies affecting generation sources our members rely on. Comments have been submitted to you on this issue from the National Hydropower Association (NHA) and the Utility Water Act Group (UWAG). We endorse those comments, and we agree that the EPA should direct the states and its Regions not to apply Section 316(b) of the Clean Water Act (CWA) to hydroelectric facilities. The NHA/UWAG letter provides ample evidence that EPA has never issued a rule applying Section 316(b) of the CWA to hydroelectric facilities. This means there has been no chance for public 1 comment on the merits or technical feasibility of applying the section to hydropower. Importantly, we agree with the NHA/UWAG letter that if EPA Region 10 does apply CWA Section 316(b) to hydroelectric generation it will be a significant expansion of EP!’s regulatory jurisdiction and it would duplicate other federal and state requirements specifically designed to address these environmental impacts. This is cause for great concern within the electric utility industry. APA also agrees that the legislative record from Congressional consideration of the CWA indicate Congress never intended Section 316(b) to apply to hydropower. Doing so now would not be consistent with the law. !laska’s electric utilities are aware that regulations applied within an EPA Region have the potential to become region-wide, or even country-wide. Adding to the existing requirements for hydroelectric projects – which already follow a rigorous process from the Federal Energy Regulatory Commission and other agencies – is an unreasonable burden to ratepayers. We urge EPA Region 10 to closely study the NHA/UWAG comments and reverse course on applying 316(b) requirements to hydroelectric facilities. Sincerely, Crystal Enkvist Executive Director 2 C. Tom Arkoosh [email protected] July 9, 2018 EPA Regional Director Office of Water and Watersheds U.S. EPA, Region 10 1200 6th Avenue, Suite 155, OWW-191 Seattle, WA 98101 Email: [email protected] Re: The United States Environmental Protection Agency (EPA) proposes to issue a National Pollutant Discharge Elimination System (NPDES) General Permit to discharge pollutants to the provisions of the Clean Water Act, 33 USC §1251, et seq., to Hydroelectric Generating Facilities, Permit Number: IDG360000 Dear EPA Regional Director: The following remarks are the comments of the Idaho Hydroelectric Power Producers Trust (“IdaHydro”) regarding the proposed issuance of a National Pollutant Discharge Elimination System (“NPDES”) Hydroelectric Generating Facilities General Permit (“GP”) No. IDG360000. IdaHydro is an Idaho trust comprised of 12 members who own or operate 28 small hydropower production plants. “Small” hydroelectric plant signifies a facility of 10 Mw of capacity or less qualifying as a Qualifying Facility pursuant to the Public Utilities Regulatory Policy Act of 1978 (“PURPA”). These projects are administered and regulated pursuant to that Act; and pursuant to the plenary regulatory authority granted by the Idaho Legislature to the Idaho Public Utilities Commission. These bodies and their regulatory regime currently require oil containment and oil water separators. PERMIT PARAMETERS By its terms, the GP proposes NPDES coverage for hydroelectric facilities that are both “river projects and pump storage projects” for discharge of oil, grease, excess heat (temperature) pH, and backwash from cleaning of river debris and silt from the strainers screens. The discharges covered include direct and noncontact cooling water, equipment and floor drain water, equipment backwash strainer water, and equipment and facility maintenance waters. By giving a notice of intent to participate, a hydroelectric plant may participate under the permit’s contemplated annual self-certification program, demonstrating compliance with the best 802 West Bannock Street, Suite 900, P.O. Box 2900, Boise, ID 83701 | Tel: (208) 343-5105 | Fax: (208) 343-5456 Page - 2 July 9, 2018 management practices plan developed for that facility. The GP will authorize discharges of excess heat (temperature), pH, and oil and grease in limited amounts and/or with monitoring requirements, to the waters of the United States within the State of Idaho. Generally, misrepresentation in the application, nonperformance of any condition of the GP, or change of condition can result in termination of coverage under the permit. The Environmental Protection Agency’s (“EPA”) review of hydroelectric facilities in other regions has led it to conclude the pollutants of concern are pH, oil, grease, and potentially temperature. In turn, EPA concluded these pollutants will contribute or cause excursion above state or tribe water quality standards, which the Clean Water Act in turn requires the EPA to impose water quality based effluent limits encompassed in the framework of the GP. EPA summarizes that the GP aspires to the highest common denominator of beneficial uses in the
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