3J. United States Environmental Protection Agency
A Office of Wetlands, Oceans and Watersheds
Washington, D.C 20460
United States Department of the Army
US Army Corps of Engineers
Washington, D.C 20314
29 October 1992
EPA/CORPS JOINT MEMORANDUM FOR THE FIELD
SUBJECT: Alternatives Analysis under the Section 404(b)(l) Guidelines for Projects
Subject to Modification Under the Clean Air Act
1. The 1990 Clean Air Act (CAA) amendments require most electric generating plants
to reduce emissions of sulfur dioxide in phases beginning in 1995 and requiring full
compliance by 2010. The Congressional endorsement of the industry's ability to select
the most effective compliance method (e.g., sulfur dioxide scrubbers, low sulfur coal, or
other methods) recognizes the expertise of the industry in these cases and is a
fundamental element in the CAA market-based pollution control program. Given the
need for cooling water, a substantial number of electric power generating plants are
located adjacent, or in close proximity, to waters of the United States, including
wetlands. Depending on the method chosen by the plants to reduce emissions, we
expect that these facilities wfll be applying for Clean Water Act Section 404 permits for
certain proposed activities.
2, The analysis and regulation under Section 404 of the Clean Water Act of activities in
waters of the United States conducted by specific power plants to comply with the 1990
Clean Air Act amendments must ensure protection of the aquatic environment
consistent with the requirements of the Clean Water Act The review of applications for
such projects will fully consider, consistent with requirements under the Section
404(b)(l) Guidelines, all practicable alternatives including non-aquatic alternatives, for
proposed discharges associated with the method selected by the utility to comply with
the 1990 Clean Air Act amendments. For the purposes of the Section 404(b)(l)
Guidelines analysis, the project purpose will be that pollutant reduction method selected
by the permit applicant
3. For example, a utility may have decided to install sulfur dioxide scrubbers on an.
existing power plant in order to meet the new 1990 Clean Air Act standards," The
proposed construction of the scrubbers, treatment ponds and a barge unloading facility
could impact wetlands. In this case, the Section 404 review would evaluate practicable
alternative locations and configurations for the scrubbers, ponds and of the docking
facilities. The analysis wfll also consider practicable alternatives which satisfy the prqect
purpose (Le., installing scrubbers) but which have a less adverse impact on the aquatic
environment or do not involve discharges into waters of the United States. However, in
order to best effectuate Congressional intent reflected in the CAA that electric utilities
retain flexibility to reduce sulfur dioxide emissions in the most cost effective manner, the
Section 404 review should not evaluate alternative methods of complying with the Clean
Air Act standards not selected by the applicant (e.g., in this example use of low sulfur
coal).
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/•' 4 In evaluating the scope of practicable alternatives whkh satisfy the project purpose
' (e.g^ constructing additional scrubber capacity), the alternatives analysis should not be
influenced by the possibility that, based on a conclusion that practicable upland
alternatives are available to the applicant, the project proponent may decide to pursue
other options for meeting Clean Air Act requirements. Continuing the above example, a
Corps determination that practicable upland alternatives are available tor scrubber waste
disposal .should not be affected by the possibility that an applicant may subsequently
decide to select a different method for meeting the Clean Air Act standards (e.g^ use of
low sulfur coal that reduces waste generated by scrubbers).
5. The Corps and EPA wfll also recognize the tight time-frames under whkh the industry
must meet these new air quality standards.
Robert H. Wayland, Director , John P. Ehnore, Chfef •
Office of Wetlands, Oceans and Watersheds Construction, Operations and
Readiness Division
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