Comparison Between the Final 2014 EPA Phase II Rule and New York State Department of Environmental Conservation Commissioner's Policy - 52 in Implementing the National Pollutant Discharge Elimination System

Since 1974, the New York State Department of Environmental Conservation (NYSDEC) has been administering the National Pollutant Discharge Elimination System for the State of New York.  In administering this program, NYSDEC largely relies on Commissioner’s Policy 52 (CP-52) to ensure that cooling water intake structures will employ the Best Technology Available to minimize adverse environmental impact.  As recognized by the U.S. Environmental Protection Agency, CP-52 is more stringent than the Final 2014 Section 316(b) Phase II Rule and sets as a performance goal the efficacy of closed-cycle cooling for minimizing impingement mortality and entrainment.  The purpose of this presentation is to review New York State’s Section 316(b) requirements as implemented through CP-52, compare and contrast these requirements with the Final 2014 Phase II Rule, and present two case studies where these requirements have been successfully implemented.