EPA
United States
Environmental Protection
Agency
Office of
Research and
Development
Industrial Environmental Research
Laboratory
Cincinnati, Ohio 45268
EPA-600.7-78-014
February 1978
SURVEY OF ENVIRONMENTAL
REGULATIONS APPLYING
TO GEOTHERMAL
EXPLORATION, DEVELOPMENT
AND USE
Interagency
Energy-Environment
Research and Development
Program Report
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RESEARCH REPORTING SERIES
Research reports of the Office of Research and Development, U.S. Environmental
Protection Agency, have been grouped into nine series. These nine broad cate-
gories were established to facilitate further development and application of en-
vironmental technology. Elimination of traditional grouping was consciously
planned to foster technology transfer and a maximum interface in related fields.
The nine series are:
1. Environmental Health Effects Research
2. Environmental Protection Technology
3. Ecological Research
4. Environmental Monitoring
5. Socioeconomic Environmental Studies
6. Scientific and Technical Assessment Reports (STAR)
7. Interagency Energy-Environment Research and Development
8. "Special" Reports
9. Miscellaneous Reports
This report has been assigned to the INTERAGENCY ENERGY-ENVIRONMENT
RESEARCH AND DEVELOPMENT series. Reports in this series result from the
effort funded under the 17-agency Federal Energy/Environment Research and
Development Program. These studies relate to EPA's mission to protect the public
health and welfare from adverse effects of pollutants associated with energy sys-
tems. The goal of the Program is to assure the rapid development of domestic
energy supplies in an environmentally-compatible manner by providing the nec-
essary environmental data and control technology. Investigations include analy-
ses of the transport of energy-related pollutants and their health and ecological
effects; assessments of, and development of, control technologies for energy
systems; and integrated assessments of a wide range of energy-related environ-
mental issues.
This document is available to the public through the National Technical Informa-
tion Service, Springfield, Virginia 22161.
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EPA-600/7-78-014
February 1978
SURVEY OF ENVIRONMENTAL REGULATIONS
APPLYING TO GEOTHERMAL EXPLORATION,
DEVELOPMENT, AND USE
by
Mrs. Gene V. Beeland
WAPORA, Inc.
Washington, D.C. 20015
Contract No. 68-03-2371
Project Officer
Robert P. Hartley
Power Technology and Conservation Branch
Industrial Environmental Research Laboratory
Cincinnati, Ohio 45268
INDUSTRIAL ENVIRONMENTAL RESEARCH LABORATORY
OFFICE OF RESEARCH AND DEVELOPMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY
CINCINNATI, OHIO 45268
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DISCLAIMER
This report has been reviewed by the Industrial Environmental Research
Laboratory, U.S. Environmental Protection Agency, and approved for publication.
Approval does not signlfiy that the contents necessarily reflect the views and
policies of the Environmental Protection Agency, nor does mention of trade
names or commercial products constitute endorsement or recommendation for use.
ii
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FOREWORD
When energy and material resources are extracted, processed, converted,
and used, the related pollutional Impacts on our environment and even on our
health often require that new and increasingly more efficient pollution con-
trol methods be used. The Industrial Environmental Research Laboratory-
Cincinnati (lERL-Ci) assists in developing and demonstrating new and improved
methodologies that will meet these needs both efficiently and economically.
This report examines federal, state, and local environmental laws and
regulations that affect the development of geothermal energy. The emphasis
is upon those regulations dealing with air and water pollution, solid wastes,
and noise. The report should be of interest to those at all government levels
who must implement their numerous provisions, and those developers who must
abide by them.
Further information on this subject can be obtained from the Power
Technology and Conservation Branch of IERL-C1.
David G. Stephan
Director
Industrial Environmental Research Laboratory
Cincinnati
in
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ABSTRACT
This report presents the results of a survey of local, state, federal,
and federally-approved environmental control ordinances, statutes, regulations,
and standards which are applicable or potentially applicable to geothermal
development. Requirements relating to air, water, and noise pollution con-
trol, solid waste disposal, control of subsidence and radiation, and erosion
and sedimentation control are set forth. The effects of federal and state
environmental impact review procedures are also evaluated.
xv
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CONTENTS
Disclaimer , » ii
Foreword k . . . iii
Abstract , iv
• * *
Acknowledgments ..... viii
T. Conclusions ...... 1
Ij_ Overview of Environmental Requirements Attendant to
Geothermal Development 16
III. Analysis of Federal/State Pollution Control Requirements 24
IV. Environmental Aspects of the Federal Geothermal Leasing
and Development Program 47
V- State Statutes/Regulations Applicable to Geothermal Development . 55
VI. County Geothermal Regulations 151
VII. References 164
Appendices
A. National Pollutant Discharge Elimination System Application
for Permit to Discharge Wastewater ................ 166
B. Waste Discharge Requirements for Union Oil Company of California . 178
C. Notification, Monitoring and Report Program NO. 73*134 for
Union Oil Company of California 181
D. Excerpt from 40 CRF Part 6 - New Source NPDES Permits 184
E. Excerpt from 40 CFR Part 6 - New Source NPDES Permits 185
F. United States Department of the Interior, Bureau of Land
Management, Geothermal Resource Lease . . 187
G. United States Department of the Interior, Bureau of Land
Mangement, Notice of Intent to Conduct Geothermal Resource
Exploration Operations 191
H. Subsidence Requirements of State of Wyoming Geothermal Lease . . . 193
I. California Environmental Quality Act of 1970 as Amended. ..... 1.95
J. Texas Procedures for Determining Net Ground Level
Concentrations of I^S ..... 208
K. California NPDES Procedures 212
L. New Mexico Stream Use Designations and Standards 232
M. Lake County Planning Commission, Resolution 75-127 240
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FIGURES
No.
V-l Excerpt from Idaho rules and regulations - minimum well
construction standards for geothermal resources ......... '"
VI-1 Noise level limitations for all geothermal operations
in Imperial County, California
VI-2 Noise level limitations for geothermal operations adjacent
to or near existing development in Imperial County ....... 156
vi
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CABLES
No. Page
III-l Comparison of Noise Levels Between The Geysers, Geothefmal
V-l
V-2
V-3
V-4
V-5
V-6
V-7
V-8
V-9
V-10
Area and Other Noise Sources •
State Statutes and Regulations - Geothermal
State Agencies Which Promulgate and Administer Regulations
Affecting Geothermal Production and Use
State Statutes and Regulations - Environmental Impact ....
State H»S Standards Applicable to Geothermal Development • ' •
State Statutes and Regulations - Air Pollution Control ....
Ambient Air Quality Standards - California .
Federal Water Quality Criteria for Domestic Water Supplies . .
Numerical Water Quality Standards «
State Statutes and Regulations - Water Pollution Control . . .
Limiting Concentrations of Chemicals in Discharges of Wastes
• • 44
• • 57
• • 60
• • 83
• • 98
. . 102
. . 105
. . 113
. . 115
, , 116
to Surface Waters in the West Colorado River Basin in California . 124
V-ll Colorado Water Quality Standards Summary . 126
V-12 State Statutes and Regulations *• Solid Waste Disposal ...... 136
V-13 State Statutes and Regulations - Noise Control . 146
vii
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ACKNOWLEDGMENTS
Robert P. Hartley, Power Technology and Conservation Branch, Energy
Systems Environmental Control Divi.sion, of EPA's Industrial Environmental
Research Laboratory, was the Project Engineer responsible for monitoring this
study. David B. Boies was WAPORA Project Manager, and Mrs. Gene Beeland is
the principal author of this report.
The assistance of Bureau of Land Management and U.S. Geological Survey^
personnel is greatly appreciated as is that of numerous people within the air,
water, noise, and solid waste programs of EPA who provided up-to-date informa-
tion expeditiously. Our especial thanks are also extended to the many state
and local employees who participated; the objectives of this study could not
have been realized without their generous contributions.
viii
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SECTION I
CONCLUSIONS
INTRODUCTION
This report presents the results of a survey of existing legal require-
ments applicable or potentially applicable to the production and use of
geothermal resources. The survey constituted Phase I of a comprehensive
Environmental Protection Agency (EPA) study of the environmental ramifications
of geothermal development. Thus, the report focuses almost exclusively on the
local, state, federal, and federally-approved ordinances, statutes, regula-
tions, and standards designed to minimize adverse environmental effects of
pollution sources. These documents relate to such factors as air and water
pollution control, noise reduction, land disposal of wastes, and subsidence,
and some are specifically directed to geothermal activities while others are
more general requirements which, it is assumed, will be applicable to geother-
mal development. The criteria which mandate the preparation of environmental
impact evaluations are detailed along with the information which such assess-
ments must develop. In addition, specific engineering and documentation
requirements during drilling and testing of wells are identified.
The term "production and use" is employed throughout the report to mean:
the recovery, by any method,of geothermal resources and their subsequent use in
electric power generation or in any other application. The term "geothermal
resource" is used in a broad context to include four types of systems — vapor-
dominated, hot-water, hot dry-rock, and geopressured.
These systems may be described as follows:
Vapor-dominated; Vapor-dominated geothermal resources contain
saturated or superheated steam. Presently, only six major reser-
voirs of this type have been identified worldwide. In the United
States, The Geysers field in California, the only commercially
producing U.S. geothermal field, is of the vapor-dominated type.
Hot-water or Liquid-dominated; This kind of geothermal resource
consists of naturally-occurring liquid water or a two-phase mix-
ture of liquid water and steam at an elevated temperature and
pressure. This is the most common type of hydrothermal resources.
Hot-water fields are located throughout the western United States,
Hot dry rock; Hot dry rock geological formations have an abnor-
mally high heat content, but do not contain sufficient water or
sufficient rock permeability to permit withdrawal of hot water as
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a heat transport medium. They have some potential, however, for
use with circulating surface water as a heat exchange medium.
Geopressured; Geopressured geothermal fields are deep zones of
pressurized water with widely varying salinity in which the pres-
sure is caused by the weight of the geological formation (over-
lying the trapped fluid), which is greater than the weight of an
equal volume of fluids. Areas for potential development are
located in the Gulf Coast states and often contain large amounts
of methane which may be exploitable either alone or along with
the geopressured resources.
The survey centered on 15 states where geothermal resources have been
identified. These include: Alaska, Arizona, California, Colorado, Hawaii,
Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington,
and Wyoming. No information was developed which suggests imminent geothermal
production in any other states.
The report is structured to present an overview of the environmental re-
quirements of geothermal exploitation; an analysis of existing federal/state/
local environmental control mechanisms to which the geothermal industry is
presently subject or may become subject in the future; and identification of
constituent or categorical limitations in the form of summaries of specific
legislation and/or regulations. It does not address other types of legal pro-
visions with potential effect on geothermal development. It excludes those
which pertain to acreage limitations, fees, rents, royalties, rate structures,
mineral vs. geothermal definition, zoning, tax structure, conversion rights,
acquisition, and leasing methods.
The second phase of the program involves the identification of the physi-
cal-chemical characteristics of geothermal deposits in this country, the
potential for their exploitation, current and developmental processes for
exploitation, the pollutional potential of these processes, and the available
technology for environmental control. When this information is developed, the
environmental requirements identified in this report will be further assessed
— i.e., as to whether the applicable standards and regulations make the best
use of the control technologies available or, on the other hand, whether there
are instances in which the technology cannot meet the stringency of the stan-
dards and regulations. No attempt is made to undertake final evaluation of
this type in this Phase I report.
The selection of the standards and regulations presented was based on ex-
isting information on the potential parameters of wastes generated by geother-
mal activities. This approach is complicated to a degree by the well-known
fact that the constituents of geothermal resources will vary widely from area
to area.and perhaps even from well to well in the same area, and the wastes
produced will thus similarly differ in characteristics and quantities.
The report does not present a "laundry list" of requirements of each sta-
tute or regulation discussed. Instead, an overview of common provisions is
evolved and unique provisions are described in detail. This technique 'is
sound because of the proclivity of jurisdictions to emulate the environmental
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requirements of others.
The report documents uncertainties which have created what might be termed
a "chicken-and-the-egg" situation in terms of environmental control for the
emerging geothermal industry. It raises the question of how much development
will occur in the face of minimal certainty as to the precise environmental
control requirements which will be applied, and, thus, the range of technolo-
gies and expenditures involved. On the other hand, it might be asked, will
federal, state, and local government agencies be motivated to use tight budget
and manpower resources to develop the detailed information upon which such
limitations must be based until the reality of the industry and its wastes are
present?
The term "minimal certainty" relates only to the knowledge of specific
"numbers" or control technologies to be mandated, because there is plentiful
certainty in today's climate that extensive pollution control will ultimately
be required. How soon such constraints will be imposed is another question in
face of: 1) the national desire to develop new energy sources; and 2) the de-
sire in some localities and states to expand their industrial economy. Even
when applicable regulations are adopted, the degree of enforcement may be
tailored to prevailing priorities.
Beyond these uncertainties specific to geothermal development, major
changes in basic environmental control legislation and regulation are being
considered by the Congress and within EPA, and this report may well be some-
what out-of-date before it is printed. This is unavoidable in a field so rela-
tively new that policies and technologies must continually change to fit devel-
oping needs.
OVERVIEW OF ENVIRONMENTAL REQUIREMENTS
ATTENDANT TO GEOTHERMAL DEVELOPMENT
The federal Geothermal Steam Act of 1970 (P.L. 91-581) was the first leg-
islation designed to permit the exploitation of a resource on federal lands
to prescribe blanket environmental protection. The Secretary of the Interior
has used his unlimited authority to protect water quality and other environ-
mental qualities to promulgate geothermal leasing regulations which are also
unique in the mineral development/environmental protection interface. The
regulations (Title 30 CFR, Parts 270 and 271, and Title 43, Parts 3000 and
3200) and related Geothermal Resources Operational Orders (GRO) mandate that
federal geothermal lessees comply with all applicable federal, state, and local
environmental standards and any more stringent standards which a Geological
Survey (USGS) Area Geothermal Supervisor may impose. This directive includes
control of all forms of air, land, water, and noise pollution, including but
not limited to the control of erosion and the disposal of solid, liquid, and
gaseous wastes.
This language contrasts sharply with the more permissive language of the
regulations under which oil and gas lessees operate under the Mineral Leasing
Act of 1920 (Title 43 CFR, Part 3000). Until this dissimilarity in treatment
is narrowed, geothermal development is subject to some degree of competitive
disadvantage.
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This situation results at least partially from the fact that the U.S. Con-
gress adopted the Geothermal Steam Act as single-purpose legislation — i.e.,
as opposed to extending the coverage of the Mineral Leasing Act. This offered
the opportunity to impose environmental controls on a new, emerging industry
which probably would have been more difficult to apply to a more entrenched in-
dustry. Most of the 14 states with geothermal statutes providing for the
leasing and/or conservation of geothermal resources have also chosen the sin-
gle-purpose approach.
Some of these statutes and/or the implementing regulations — or the reg-
ulations alone in the case of Wyoming which has no geothermal statute — spell
out very detailed environmental control requirements, although they generally
stop short of numerical standards on pollutant parameters, except in a few
cases for noise and odors.
The standards themselves are found in federal, state, and local regula-
tions dealing with all sources or potential sources of pollution which relate
specifically to control of air, water, or noise pollution or other environmen-
tal degradation. It is assumed that geothermal operations are subject to
these regulations, or will become subject to them when certain activating
steps are taken as described below.
Geothermal activities are also subject to other federal laws such as the
Endangered Species Act of 1973; National Historic Preservation Act of 1966;
the Archaeological and Historical Preservation Act of 1974; Coastal Zone Man-
agement Act of 1972; Wild and Scenic Rivers Act; and others, along with imple-
menting regulations. Their application is either direct or through stipula-
tion in federal geothermal leases.
ANALYSIS OF FEDERAL/STATE POLLUTION CONTROL REQUIREMENTS
Nearly all of this country's environmental control programs are basically
structured on federal/state interaction. This is true of the programs estab-
lished by the Clean Air Act (P.L. 91-604); the Federal Water Pollution Control
Act Amendments of 1972 (P.L. 92-500); the Safe Drinking Water Act (P.L. 93-523);
and the Noise Control Act of 1972 (P.L. 92-574), all of which are administered
at the federal level by EPA. The provisions of these statutes and implement-
ing regulations are applicable to all industries, including geothermal produc-
tion and use. However, their applicability to federal geothermal lessees is
two-fold because compliance with them is a condition of the lease. Regulation
of industry's practices in land disposal of wastes is not yet within EPA's
purview, although federal geothermal lessees are again subject to federal land
disposal requirements through their leases. Neither does P.L. 92-500 give EPA
direct authority to regulate erosion/sedimentation control, but this, too, is
a function of geothermal leases. Some of the state geothermal regulations
represent the only effort to regulate subsidence, an effort which has no coun-
terpart in federal regulation.
Air Pollution Control
The primary tool in air pollution control is the emission standard, which
limits the amount of a pollutant which may legally enter the atmosphere from
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any source. The Clean Air Act provides several mechanisms for establishing
emission standards. EPA itself promulgates such standards for hazardous pol-
lutants and sets performance standards for new sources (NSPS) in designated
industries which are a form of emission standard. It is not anticipated that
either of these types of standards will impact geothermal development in the
near future.
In the other two emission standard procedures established by the Clean
Air Act, the states set the numerical standards. This mechanism is triggered
either by promulgation of a national ambient air quality standard — a goal
for acceptable air quality based on scientific criteria — or adoption by EPA
of new source performance standards for an industry. The latter procedure re-
quires the states to adopt emission standards for existing sources in the same
industry. This is expected to be the primary method used to initiate emission
standards in the future.
The states may on their own set emission standards on any pollutant from
any stationary source, and some have begun to address hydrogen sulfide, for
example, for which there is no federal ambient air standard. On the other
hand, if states fail to adopt emission standards in response to national am-
bient air standards or NSPS, EPA may then promulgate such standards for the
state.
Geothermal operations are not presently subject to "significant deterio-^
ration" regulations which would severely restrict the levels of sulfur dioxide
and particulates which may be emitted in pristine areas.
Water Pollution Control
The two major water pollution control tools are numerical limitations and
new source performance standards on pollutant parameters of the effluents of
pollution sources and discharge permits acquired under the National Pollutant
Discharge System (NPDES). Both of these mechanisms are established by the
1972 amendments to the Federal Water Pollution Control Act. The effluent
limitations, standards of performance for new sources, and required treatment
and control technology are set by EPA on an industry-by-industry basis, and
none have so far been applied to the geothermal industry. As a result, the
effluent limitations, including thermal restrictions, prescribed for these
operations by NPDES permits will of necessity be established on a case-by-case
basis and will be based on state water quality standards applicable to the
water which will receive the discharge. Since these may vary from one reach
of a stream to another the potential exists for wide variations in applicable
limitations. The degree of impact of this situation depends on the extent to
which the industry utilizes or is permitted to utilize reinjection of the re-
source after use in lieu of surface discharge. As an example, the permit
application to operations at The Geysers permits no surface discharge.
The Act applies the provisions of the National Environmental Policy Act
to the issuance of an NPDES permit for a new source of pollution. This re-
quires a very complex and sometimes lengthy assessment of the potential impact
it will have on the environment. However, until EPA proposes new source per-
formance standards applicable to geothermal effluents, these operations are
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not defined as "new sources" and are not subject to this provision of the Act.
However, it is unlikely that much, if any, geothermal development will take
place without being subjected to prior environmental scrutiny because the
federal geothermal regulations cited above require it and some states have
their own NEPA-type statutes as discussed below.
The toxic effluent standards or prohibitions required by the Act are ap-
plicable only to designated sources of pollution. It is probable that water
quality criteria for 65 toxic pollutants to be established by EPA for use as
guidelines by state and federal agencies in issuing NPDES permits will impact
geothermal operations before applicable industry-specific standards are set.
EPA is developing regulations covering outfall discharges to the oceans,
a practice which could be an attractive means of disposing of brines or other
geothermal wastes for such operations situated in coastal areas.
Control of Underground Injection
EPA has proposed regulations pursuant to the Safe Drinking Water Act
which give states primary enforcement authority over underground injection and
provide for flexibility in their programs according to need. The burden will
be placed on the underground injection operator to demonstrate that his oper-
ation will not endanger the quality of present or potential water supplies.
Endangerment is defined as requiring the use of new or additional treatment to
meet a national primary drinking water regulation or otherwise to prevent a
health risk. In general, waters with a total dissolved solids content of
10,000 mg/1 or less are to be protected, although states may exempt aquifers
which are more valuable for oil production, are severely contaminated, or are
impracticable for water supplies because of their location.
The regulations do not force the 14 states which presently ban injection
to permit the practice — none of these states are among the 15 surveyed —
and they allow states to adopt more stringent requirements than they impose.
EPA is seeking comments on the requirements to be imposed on multiple
use wells used for subsidence control prior to November 15, 1976.
Solid Waste Disposal
All states have some regulatory authority over land disposal practices
and many are moving in the direction of solid waste management — i.e., treat-
ment and disposal according to the nature of wastes. The trend is toward the
use of "secured" landfills for hazardous wastes. These are sanitary land-
fills which incorporate leachate monitoring and treatment, adequate diversion
and control of surface water, and impervious containment of wastes. Cali-
fornia already requires this advanced type of disposal facility for brines
from geothermal plants and drilling muds containing toxic materials. Chrom-
ium is a common constituent of the muds used in geothermal drilling because
of its ability to withstand heat and would result in a "hazardous" classifi-
cation. The presence of other heavy metals and/or hydrogen sulfide absorbed
during drilling in high sulfide areas may also necessitate special handling.
However, if present California practice is an indicator, such treatment will
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not be required for waste muds shown by chemical analysis to be free of toxic
problems.
The costs for secured landfill can run up to several times the cost of
ordinary landfilling in some instances. Geothermal operations in remote
areas may have to provide their own, as has occurred at The Geysers, or haul
wastes great distances, which has also been required.
Federal geothermal lessees are required to dispose of toxic drilling
muds and the containers in which mud additives are received in a manner ap-
proved by a USGS Area Geothermal Supervisor and in conformance with applicable
federal, state, and regional standards.
Control of Noise
The Noise Control Act of 1972 (P.L. 92-574) vested the primary control
of noise with state and local governments, but retained federal regulatory
authority over the production of four categories of low-noise level products
— construction and transportation equipment, motors or engines, and electri-
cal or electronic equipment. Until EPA promulgates noise regulations on a
product, the states are free to set their own time-of-sale and in-use regula-
tions. When EPA does issue regulations, the state regulations must be con-
sistent.
Federal geothermal lessees are limited to noise levels not exceeding 65
dB(A) at a distance of 201 m (660 ft). Nearly all noise measurements of
individual operations taken at The Geysers which are not located on federal
land, exceed this standard.
Control of Subsidence
The few state attempts to regulate subsidence are divided between sur-
veillance measures, such as survey, benchmark, and monitoring requirements,
and "after-the-fact" requirements. The latter involve total or partial ter-
mination of operations if subsidence is found.
Control of Radiation
There are state water quality standards on radiation which could con-
ceivably apply to geothermal wastes containing radon or other natural radio-
active material. However, this study concluded that regulations designed to
implement state agreements for controlling the classes of radioactive materi-
als which are under the jurisdiction of the federal Nuclear Regulatory Com-
mission have no application to geothermal operations. EPA has been precluded
by the Supreme Court from promulgating effluent limitations for any of these
materials.
ENVIRONMENTAL ASPECTS OF THE FEDERAL GEOTHERMAL
LEASING AND DEVELOPMENT PROGRAM
The Bureau of Land Management (BLM) in cooperation with the USGS formu-
lates the general requirements of geothermal leases and the special
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stipulations attached to them. BLM also monitors for compliance with environ-
mental requirements outside the operating area and USGS determines compliance
within the operations.
The geothermal leasing regulations cited above mandate a number of envi-
ronmentally-related actions by the lessee in addition to the land disposal
practices and noise control described previously. In general, lessees must
comply with all applicable federal, state, and local water and air pollution
control standards; comply with all Department of the Interior and EPA rules
pertaining to the use of pesticides and herbicides; employ such soil and re-
source conservation measures as the Supervisor deems necessary; take precau-
tions to minimize land subsidence or seismic activity; take esthetics inta
account in designing facilities; employ measures to protect fish and wildlife
and their habitat; conduct activities on known or suspected archaeological,
paleontological, or historical sites in accordance with lease terms or special
instructions; and restore all disturbed lands in an approved manner. The
lessee's plan of operation must disclose the means by which he will implement
this list. Monitoring is required for one year prior to production to develop
baseline data on existing air and water quality, noise, seismic and land sub-
sidence activities, and the ecological system of the leased land.
The USGS Area Geothermal Supervisor is authorized to shut down operations
he determines are causing or can cause pollution. Except in extreme cases,
the operator is given a chance to remedy the problems.
GRO Order No. 4, which mandates environmental protection for all stages of
geothermal exploration and development on federal lands in the USGS central
and western regions, spells out the above measures in greater detail. And, it
is to be remembered that the Supervisor is empowered to set more stringent
restrictions in specific field orders.
STATE STATUTES/REGULATIONS APPLICABLE
TO GEOTHERMAL DEVELOPMENT
The study of the state air and water pollution control regulations point-
ed up the fact that very few of the potential pollution parameters of geother-
mal wastes are covered by existing numerical standards. The ambient air
quality and emission standards which are in force today are geared mostly to
the products of combustion and processing of materials, and only a handful
attempt to limit the levels of the noncondensable gases which may commonly
result from geothermal development.
The predominance of states have promulgated emission standards for only
the six air contaminants for which EPA has set ambient air standards: sulfur
dioxide, particulates, hydrocarbons (excluding methane), carbon monoxide,
photochemical oxidants, and oxides of nitrogen. None of the gases in this
list are found in the various published lists of gases typically associated
with geothermal resources. There is evidence in the literature, however, that
sulfur dioxide is a natural product of some deposits, and it occurs as a re-
action product of hydrogen sulfide at The Geysers power plant. It is doubtful
that the hydrocarbon standards which exclude methane and those for carbon
monoxide, oxides of nitrogen, and photochemical oxidants will have any
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significant effect on geothermal development.
Water quality standards more frequently embrace a larger number of the
expected geothermal waste constituents, but this fact is offset by the lack of
numerical effluent limitations applicable industrywide. This circumstance may
engender potential disparity in case-by-case treatment in specific require-
ments as noted above, and uncertainty as to what the limitations may be in any
given case.
The general uncertainty is further complexed by the question of whether
the nature of some existing standards will permit their application to geother-
mal wastes. The control of particulates illustrates this potential problem.
In the most popular particulate emission standard in the geothermal
states, particulate emissions are calculated on the basis of process weight
per hour. While process weight can be interpreted to mean the water or steam
input into a geothermal electric generating unit, for example, enforcement
probably would be difficult. Some of the state standards exclude liquid or
gaseous fuel from the weight calculation, and Wyoming expressly excludes all
water and steam.
The present environmental control situation for the geothermal industry
is by no means static, however, in view of mechanisms at the federal, state,
and local levels of government which permit them to adopt new standards and to
develop new industrywide restrictions.
Geothermal Statutes and Regulations
The state statutes and regulations adopted for the purpose of guiding
geothermal development provide for leasing and/or conservation programs. They
commonly require the use of drilling procedures, equipment, and fluids which
will prevent entry of the geothermal resource into groundwater and also pre-
vent blowouts. Advance notice is required of the intent to drill, redrill an
abandoned well, deepen a well, plug, alter or remove casing, or convert a pro-
ducing well to an injection well. A permit is sometimes required for these
activities.
In some cases directional drilling is prohibited, and, in others, distance
from the property line requirements are adjusted to accommodate directional
drilling. Well-spacing if often regulated.
Most of the regulations mandate any action necessary to prevent soil ero-
sion, pollution of surface or groundwater, air and noise pollution, and haz-
ards to public health and safety. It is frequently required that methods for
achieving these steps be spelled out in a plan of operation. Noise associated
with air drilling is specifically cited for minimization as are odors.
The majority of the regulations do not specifically address the legality
of reinjection of fluids, but so far as is known, none of these states strict-
ly prohibit the practice.
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State NEPA-Type Statutes and Regulations
Several geothermal states have adopted statutes which are analogous to
the National Environmental Policy Act. These include California, Hawaii,
Montana, Nevada, Utah, and Washington. Others which do not yet have such a
law engage in some type of agency review of proposed actions. These include
Alaska, Arizona, Colorado, Oregon, and Texas.
The California Environmental Quality Act of 1970 and the guidelines for
implementing it are probably as comprehensive as any state documents of this
type. Geothermal activity becomes subject to their provisions by virtue of
the fact that it falls within the definition of "discretionary projects" which
require an environmental impact report if they have a potential for signficant
environmental effect. The definition of such effects includes several environ-
mental impacts which may accompany geothermal development, such as the possi-
bility of contaminating a public water supply system or adversely affecting
groundwater.
As has been the case with the application of the environmental evaluation
procedure nationally, this Act and the guidelines have been blamed for delays
in achieving permit approval. In an expansion of The Geysers, it took 38
months from the date of application to complete a final environmental impact
report on a new unit. This compares with an average of 5.3 months for the
whole permit procedure for earlier units.
The guidelines undertake to avoid duplication of environmental evalua-
tions by: (1) requiring only one report for individual projects which are
part of a total undertaking, and (2) accepting, under certain conditions, im-
pact statements prepared pursuant to NEPA. Nevertheless, three levels of
government — federal, state, and local — have all studied the same area in
the vicinity of The Geysers, and a separate report has been required for every
well.
Air Pollution
Many of the provisions of the air pollution regulations of 14 states and
four California air pollution control districts (APCD) are similar to each
other and identical in some cases. This similarity leads to the conclusion
that potential geothermal developers are not likely to find a state which is
an air pollution control "haven," so to speak, and this conclusion is support-
ed by the fact that the history of environmental regulation indicates very
strongly that what one state imposes today may very well be adopted by another
tomorrow.
All states require some form of permit for the construction, modification,
and operation of sources or potential sources of air pollution and a similar
process for existing sources. The information required is usually quite com-
prehensive, and some of it, such as emission character and control equipment
efficiencies,
-------
Odor will be a troublesome parameter for the control agency and the geo-
thermal operator alike. These standards range from very general requirements
to flat prohibitions — neither of which is conducive to enforcement — to
such specific limitations that compliance will be difficult. A few are based
on detectability after a prescribed number of dilutions with odor-free air.
Particulate Standards—
The most common particulate standard in the geothermal states has the ef-
fect of limiting the emission rate of particulate matter to 1.23 kg (2.75 Ib)
for the first 450 kg (1000 Ib) of process weight per hour, with limits up to
31 kg (69 Ib) at 450,000 kg (1,000,000 Ib) process weight per hour. This
standard is employed in Idaho, Nevada,-Montana, Oregon, for existing sources
in Wyoming, Arizona for areas outside Phoenix and Tucson, and the four Cali-
fornia APCD's in which Lake, Mendocino, Sonoma, and Imperial Counties are lo-
cated. Other states use the same standard in a somewhat more stringent form.
Another type of particulate control is a limitation on the opacity of a
plume which is No. 1 Ringelmann in most states surveyed. It is important to
note that in many cases opacity which exceeds the standard because of the pre-
sence of uncombined water or condensing water vapor is not a violation.
Sulfur Dioxide Standards—
Several of the states surveyed have no S0£ emission standards applicable
to geothermal operations because they relate only to the combustion of fuels
or to other specific industries. These include Idaho, Montana, New Mexico,
Oregon, and Wyoming. The emission limitations of other states range from
1,333,500 yg/m3 (500 ppm) to 5,334,000 yg/m3 (2000 ppm).
The values of Hawaii's ambient air standard for sulfur dioxide are con-
siderably more stringent than those of the federal standard — i.e., an annual
mean limitation of 20 yg/m3 (0.008 ppm) as opposed to 80 yg/m3 (0.03 ppm) and
a 24-hour peak maximum of 80 yg/m3 (0.03 ppm) as opposed to 365 yg/m3 (0.14
ppm). Some of the other states employ lower values than the federal standards,
but this is by far the most restrictive.
Hydrogen Sulfide Standards—
Four of the 15 states have an H2S ambient air standard, two have promul-
gated H£S emission standards, and three others have some type of standard on
total reduced sulfur compounds. The values in these standards range widely
and are accompanied by complex qualifications in some cases. They are tabulat-
ed in Section V of this report.
The Northern Sonoma County APCD in California, site of The Geysers, has
adopted a new set of regulations establishing specific ^S emission standards
applicable to both geothermal power plant emissions and those of pre-power
emissions — well drilling, testing and clean-up, well bleeds, and other atten-
dant functions.
Sulfuric Acid Mist Standards—
Standards governing the emission of sulfuric acid mist are significant to
this study because this substance could be formed in the oxidation of H S in
power production operations, creating a problem in the vicinity.
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The Idaho ambient air quality standards applicable to sulfuric acid mist
are as follows:
f\
Primary and secondary standards: Max. 24-hr, concentration--12 ug/m
not to be exceeded more than once/month
Max. 1-hr, concentration - 30 yg/m^ not to be exceeded more than twice/
week.
The Louisiana values for sulfuric acid mist, sulfur trioxide, and any
combination thereof are very similar. Sulfur trioxide combines with moisture
in the air to form sulfuric acid mist.
Water Pollution Control
State water quality standards are goals for acceptable water quality for
specific uses. They consist of water quality criteria and plans for their en-
forcement or implementation. The criteria place limits on the concentrations
of various parameters and restrictions on changes in pH, temperature, or other
characteristics of surface water which if not exceeded will achieve the desired
quality.
Most state waters are classified according to use. Classifications may
include entire water bodies or may vary from reach to reach of the same stream.
The criteria vary in stringency according to the degree of purity required for
the designated classification of use. The values may be more restrictive than
the federal criteria if a state so desires.
Federal water quality criteria for domestic water supplies of potential
interest to the geothermal industry include those for arsenic, cadmium, chro-
mium, copper, iron, lead, manganese, mercury, nitrate nitrogen, dissolved sol-
ids and salinity, and zinc. Parameters covered for other uses such as protec-
tion of wildlife include beryllium, boron, total dissolved gases, nickel, and
hydrogen sulfide. All of these substances have been identified as associated
with geothermal resources in one field or another in this country, and all of
them, except beryllium and hydrogen sulfide, are subject to water quality
standards in some of the 15 states surveyed. The federal criterion for hydro-
gen sulfide for fish and other aquatic life, fresh and marine water, is 2 yg/1
of undissociated H2S.
Most state water pollution control regulations contain an antidegradation
requirement that waters whose quality exceeds the standards will be maintained
at their existing high quality. They are also likely to include a requirement
that, water quality standards notwithstanding, where a higher quality can be
achieved, it is to be attained by the best practicable treatment and/or con-
trol of wastewaters.
There is a range in thermal standards among the 15 states, and even within
states, where both warm water and cold water fisheries must be considered.
There may also be differences in standards between fresh waters and estuarine
and coastal waters; between streams and lakes; between use classifications; or
between seasons of the year. For example, the maximum permissible increase in
12
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surface water temperature found is commonly set at 2.8°C (5.0°F), but the
states often set a lower maximum allowable rise for certain specified waters:
State
Alaska
Louisiana
Louisiana
Louisiana
Texas
Texas
Water
Cold
Lakes & reservoirs
Estuarine & coastal
waters (Oct. -May)
Estuarine & coastal
waters (June-Sept,)
Tidal reaches & other
coastal areas (fall,
winter, & spring)
Tidal reaches & other
coastal areas (summer)
Allowable Rise
1.1°C (2.0°F)
1.7°C (3.0°F)
2.2°C (4.0°F)
0.83°C (1.5°F)
2.2°C (4.0°F)
0.83°C (1.5°F)
The most stringent temperature limitation found is "no measureable in-
crease" which, in at least one case, is interpreted as 0.3°C (0.5°F), but in
others it means no change at all. This usually applies to waters of the high-
est use classification, although the State of Washington applies it to all
lakes. The temperature standards applicable to fresh water streams and marine
waters in Washington are calculated on the basis of equations and will vary
from water body to water body. Oregon places an 0.3°C (0.5°F) limit on
changes incurred from one single source in waters of 17.5°C (63.5°F) or less,
and a 1.1°C (2.0°F) limit from all combined sources when the water temperature
is 16.7°C (62.0°F) or less.
The turbidity standards range from no increase in some of the higher use
classifications up to a level which will not cause water turbidities to exceed
50 Jackson Turbidity Units. In some cases, higher permissible values are giv-
en for warm waters, and lower values are applied to cold waters.
Disposal of Waste on Land
While some of the solid waste disposal regulations reviewed appear to be
directed primarily toward land disposal sites operated for public use, they
are not interpreted to preclude private landfill with the required approval or
permit. This type of regulation is important to the geothermal industry be-
cause of its potential effect on the disposal of drilling fluids containing
substances deemed by regulatory authorities to be hazardous because of their
degree of toxicity-
The regulations of five states of those surveyed specifically require
some sort of impervious landfills for wastes which are variously described as
"chemical," "toxic," or "hazardous" wastes. Four others indicate that approv-
al may be contingent on this feature. Three states specifically require that
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hazardous wastes will be rendered non-hazardous through treatment prior to
land disposal and another requires this measure when "possible."
In some states, regional or local authorities are authorized to set more
stringent disposal standards than those imposed by the state. In one state,
Hawaii, each county is directed to see that facilities for the disposal of
hazardous waste materials are available.
Noise Regulation
Five of the surveyed states reported existing environmental noise sta-
tutes. These states are California, Colorado, Hawaii, Oregon, and Washington.
Hawaii, Oregon, and Washington also have implementing regulations.
The noise standards contained in the Colorado statute and the regulations
of the three states can be summarized as follows:
State Zone Daytime* Nighttime*
dB(A) dB(A)
Colorado Residential 55 50
Hawaii " 55 45
Washington " 60 50
Colorado Commercial 60 55
Hawaii " 60 50
Washington " 65 55
Colorado Industrial 80 75
Hawaii " 70 70
Washington " 70 60
Oregon All except 55-75 50-60
Oregon Quiet Zones 50-60 45-55
(wilderness
areas, parks, etc.)
*These are variously set at 7:00 a.m. - 7:00 p.m. and 7:00 p.m. to
7:00 a.m.; 7:00 a.m. - 10:00 p.m. and 10:00 p.m. - 7:00 a.m.
There are a number of qualifications to these regulations which, for ex-
ample, permit the prescribed limits to be exceeded for a given period during
any hour; which limit noise of construction to specific hours; or which man-
date muffling of construction equipment which requires an exhaust of air or
gas.
COUNTY GEOTHERMAL ORDINANCES AND REGULATIONS
The county regulations designed to govern geothermal activities most of-
ten require a use permit and the criteria for granting or not granting the
permit is the area of most variability among them. Sonoma County, California,
however, does not require such a permit for geothermal operations except on
reserved agricultural lands where actual extraction requires a permit. The
regulations of Napa County, California, embrace the most restrictive criteria
for denial of permits encountered throughout the study.
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Development of a geothermal element of the county's general plan is under-
way in Imperial County, California, and presently geothermal production oper-
ates under an interim plan. Imperial, Plumas, and Lake Counties in California
and Malheur County in Oregon employ very specific noise limitations.
A 1973 Plumas County special use permit does not commit the county to fu-
ture development of the geothermal field, approval of which depends on review
of extensive information on the character of the field supplied when testing
is completed. If field development is permitted, a closed production system
will be required for a fluid phase geothermal system or a minimum 80 percent
reinjection system for a gaseous phase system.
Mono County, California, where the land is 79 percent federally-owned,
has experienced the inability to exercise any local jurisdiction over geo-
thermal development because of what its spokesman described as "multiple
layers of federal bureaucracy." The county's position now is that it is with-
out jurisdiction.
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SECTION II
OVERVIEW OF ENVIRONMENTAL REQUIREMENTS
ATTENDANT TO GEOTHERMAL DEVELOPMENT
COMPARISON WITH REQUIREMENTS IMPOSED ON OTHER MINERAL PRODUCTION
The federal legislative/regulatory structure which has historically
attended the production of oil and gas on federally-owned land is the one
most closely akin to the structure which has more recently been developed for
the exploitation of geothermal resources and may be used as a basis for
comparison of the treatment of the newer industry. The requirements which
relate to facets such as lease terms, rents, royalties, unitization, multiple
use, and other factors previously enumerated are not significantly different.
However, requirements with the objective of environmental protection or
enhancement differ greatly.
It was not until passage of the Geothermal Steam Act of 1970 (P.L. 91-
581) that legislation designed to permit the exploitation of a resource on
federal lands included a blanket environmental protection provision. This is
incorporated in the authority given to the Secretary of the Interior to pre-
scribe rules and regulations to implement the Act; his authority to protect
water quality and other environmental qualities is without limitation.
The Secretary used this authority to promulgate regulations which are
also unique in the mineral development/environmental protection interface and
to establish what the Department considers a pilot program of environmental
control in the leasing of public lands. The regulations (Title 30 CFR Parts
270 and 271 and Title 43 Parts 3000 and 3200), and related special orders,
called Geothermal Resources Operational Orders, for the first time applied to
federal mineral lessees the full force of compliance with all applicable
federal, state, and local environmental standards and any more stringent
standards which the Geological Survey (USGS) Area Geothermal Supervisor of
the lease may impose. This mandate includes control of all forms of air,
land, water, and noise pollution, including but not limited to the control of
erosion and the disposal of liquid, solid, and gaseous wastes.
These very specific and all-inclusive requirements offer a sharp con-
trast to the related language in the regulations which implement the Mineral
Leasing Act of 1920 under which oil and gas lessees operate on federal lands
(Title 43 CFR Part 3000). The latter regulations, written much earlier, set
forth special stipulations to be attached to oil and gas leases which require
a plan of operation which must include methods to be "used to assure the dis-
position of drilling mud, pollutants, and other debris." Environmentally
acceptable methods of disposition are not mandated. The stipulations go on
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to require "all things reasonably necessary to prevent or reduce" to the
fullest extent scarring and erosion of the land, pollution of water resources,
and damage to the watershed. There is an apparent assumption that these
things will nevertheless occur since the lessee is obligated to repair such
damage and to take such corrective measures to prevent future occurrences as
is deemed necessary by the Department. Other rudimentary restrictions are
oriented almost exclusively to the protection of wildlife and no reference is
made to air pollution, noise, or other ecological parameters.
It is understood that the Department will shortly make use of the
environmental features developed for regulating geothermal operations as a
model for other leasing programs, and that new oil and gas operational orders
are being written which will narrow the dissimilarities in regulatory treat-
ment of the two industries. The revised orders will support the efforts of
the field oil and gas supervisors to attach environmental stipulations on a
more localized basis.
In the meantime, individual potential geothermal lessees face from the
outset a much more rigid, spelled-out set of environmental constraints. This
situation is important in the context of relative competitive advantage among
various forms of energy. It also prompts curiosity as to what the pace of
oil and gas development might have been earlier in this century if each
exploratory well drilled required an environmental assessment report and
approval of a detailed plan of environmentally acceptable practices before a
lease was issued, and, subsequently, an environmental analysis of every pro-
posed action on the leased land. These are all routine requirements in the
case of geothermal operations.
A number of people, including some in the Department of the Interior,
stated to the contractor study team that they feel that the Geothermal Steam
Act is a poor and hard to administer law and that the regulations are "loose."
These documents are, nevertheless, milestones in the process of imposing
compliance with broad environmental control requirements on the users of
public lands. Efforts have been made in the Department to close gaps in the
regulations through special orders which are discussed in Section IV.
SINGLE-PURPOSE GEOTHERMAL STATUTES vis-a-vis
AMENDMENT OF OTHER MINERAL LAW
The U.S. Congress, state legislatures, and county governing bodies had,
or have today, the option of enacting new statutes tailored to the develop-
ment of geothermal resources alone or extending the application of legisla-
tion designed to govern the exploitation of minerals, metals, oil and gas, or
groundwater. It appears that the majority, including the Congress, have
chosen the single-purpose legislative route. And, there is evidence that
this is the more advantageous course if a jurisdiction wishes to broaden its
environmental control authority at the same time.
The single-purpose legislative approach was not the original intent of
Congress. The early geothermal legislation merely constituted an amendment
to extend coverage of the Mineral Leasing Act. The effort to pass this
amendment failed because of congressional-executive branch disputes over
17
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issues which were not related to environmental concerns. Finally, after
debate spanning nearly a decade the amendment was rewritten as the Geothermal
Steam Act which was enacted, bringing with it its own set of implementing
regulations.
Thus, the separation of the geothermal provisions from those governing
oil and gas leasing and production into single-purpose legislation was not
motivated so far as is known by a desire to strengthen controls on misuse of
the environment. However, this action appears to have had just that result,
whether or not it was planned. The single-purpose legislation offered the
opportunity to impose unlimited environmental regulation on a new, emerging
industry which would have been much more difficult to apply to an entrenched
industry. This is true both in terms of votes in Congress for restrictive
environmental language and executive branch decisions in drafting the regula-
tions .
The states which have legislatively addressed geothermal development
have mostly enacted new statutes or comprehensive amendments which amount to
the same thing. The motivation for the single-purpose approach has not been
investigated as relevant to this study, and none is ascribed here. It is
possible, however, that as a result of this approach, legislation again
emerged with stronger environmental controls intact than would have survived
had the legislature attempted to apply them across the board to strong
industries covered by existing legislation.
The inference is fairly clear that environmental controls applicable to
geothermal development will have smoother legislative sailing if they are
written so as to avoid direct confrontation with other interests. It may be
that this additional layer of environmental control will not be considered
necessary in view of the existing interweave of legal environmental require-
ments at the federal, state, and local levels which apply to all sources of
pollution. The mechanism is nevertheless there for those jurisdictions which
choose to utilize it. And, before deciding that it is not needed, considera-
tion as to whether existing regulations and standards designed to abate the
pollution generated by dissimilar pollution sources are indeed applicable to
the processes of this industry may be in order. This subject is addressed
later in this section.
LANDS AVAILABLE FOR DEVELOPMENT UNDER GEOTHERMAL ACT
On the surface of it, a discussion of which lands may be leased under
the Geothermal Steam Act, those which may not, and those which qualify with
additional agency approval does not appear germane to this study of environ-
mental requirements. However, the source of the lease itself can indirectly
affect what requirements are applied.
The following lands may be leased under the Geothermal Act and are sub-
ject to all of the requirements set forth and discussed in Section IV:
1. Public, withdrawn, or acquired lands administered by the Secretary
of the Interior;
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2. National forests and other lands administered by the Department of
Agriculture through the Forest Service;
3. Reserved mineral lands of the U.S. (provided that geothermal
resources are ruled to be a "mineral" in pending litigation).
Lands withdrawn or acquired for other purposes of the Department of
Agriculture and lands subject to Section 24 of the Federal Power Act (16 USC
818) may be leased under the Act with the consent of the Department of Agri-
culture and the Federal Power Commission respectively. And, these agencies
may prescribe their own set of terms and conditions. It is understood that
the Department has attached stipulations dealing with matters such as fire
control, for example, and the Commission is considering stipulations on
siting of wells and roads in relationship to power lines, easements, etc.
Lands exempt from leasing under the Geothermal Act include national
recreational areas, National Park Service lands, fish hatcheries administered
by the Secretary of the Interior, wildlife refuges and ranges, game ranges,
wildlife management areas, waterfowl protection areas, lands acquired or
reserved for protection and conservation of fish and wildlife threatened with
extinction, and Indian trust and restricted lands. The Act does not, how-
ever, preclude geothermal development in these areas under the authority of
the controlling agencies. While no such development has occurred to date, it
is assumed that either the lease applicant could demonstrate his ability to
meet the most restrictive environmental requirements or a lease would not be
issued. The same is also no doubt true of wilderness lands on which the
Wilderness Act permits the development of power projects if the President
determines this action is in the public interest.
On Indian lands, tribally or individually owned, the tribal council has
the leasing and regulatory powers over geothermal development, with Bureau of
Indian Affairs approval. The exemption of Indian lands has created a situa-
tion that begs the question of whether the Bureau of Indian Affairs is in
compliance with the. National Environmental Policy Act of 1969 (NEPA) , 42 USC
4321, et seq., and thus can validly approve geothermal leases. BIA issued
"Interim Guidelines" just before the Council on Environmental Quality's
Guidelines (40 CFR 1500) were finalized in August of 1973. Although the BIA
Guidelines (30 Bureau of Indian Affairs Manual Supplement I) state that BIA
approval of a land or resource transaction is considered a "federal action"
and thus susceptible to NEPA, BIA has never formally finalized its environ-
mental guidelines. A BIA area office, in its evaluation of whether to pre-
pare an environmental impact statement, can modify the "Interim Guidelines"
if the Area Director warrants such a change is necessary. Therefore, if
these modifications occur without compliance with the public notice require-
ments of Section 553 of the Administrative Procedures Act, 60 Stat. 237, 5 USC
Sections 551-559, the validity of the modifications is questionable. All
area offices contacted stated, however, that the U.S. Geological Survey's
geothermal guidelines, federal pollution control statues, EPA regulations,
and state and local environmental statues would be used for guidance. Regu-
lations for BIA activity are found in Title 25 of the Code of Federal Regula-
tions.
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OTHER FEDERAL GEOTHERMAL LEGISLATION
Three other federal laws were enacted in 1974 which touch upon the
environmental control aspects of geothermal development although their over-
all scope is much broader. The first, and probably the most important from
this standpoint, was the Geothermal Energy Research, Development, and Demon-
stration Act of 1974 (P.L. 93-410). This Act established a mechanism for
federal funding of research into all facets of geothermal development includ-
ing demonstration of technologies for production and use. Removal of insti-
tutional barriers to the use of geothermal resources as an energy source,
dovetailing of environmental laws, and interagency cooperation are a few of
the objectives of the Act.
The involvement, authority, and jurisdiction of various cognizant
agencies were rearranged by the Energy Reorganization Act of 1974 (P.L. 93-
438). This Act vested the primary responsibility for research and develop-
ment of non-nuclear sources of energy in the Energy Research and Development
Administration. Interagency cooperation for efficient use of alternative
energy sources and minimization of environmental impact were again mandated.
These goals were reiterated in the Federal Non-Nuclear Energy Research and
Development Act of 1974 (P.L. 93-577). The Geothermal Steam Act remains
dominant in terms of the authority of the Secretary of the Interior to regu-
late the environmental control practices of geothermal operations on federal
lands.
STATE AND LOCAL REQUIREMENTS
At least 14 states have adopted statutes governing the production of geo-
thermal resources. These include Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon, Texas, Utah,
and Washington. All of them which provide for leasing of lands for geother-
mal development apply, of course, only to state-owned lands. Others — such
as those dealing with resource conservation and regulation — apply to all
lands within the state. Statutes of Arizona, California, Colorado, New
Mexico, Oregon, Texas, and Washington appear to fall in the latter category
although some of these states also have a geothermal leasing statute.
Most of these states have adopted regulations implementing the geother-
mal statute, and some of them spell out very detailed environmentally-
oriented requirements, although they generally stop short of numerical stan-
dards on pollution parameters, except in some cases, for noise and odors.
The State of Wyoming has also promulgated geothermal regulations even though
it has no statutes in this field. A few geothermal ordinances have also been
adopted at the county level. These include several in California and Nevada,
one in Oregon and Utah, and possibly others.
The states have, to a large extent, patterned their geothermal statutes
very much after those related to oil and gas. It is reported that this fact
has been the subject of controversy in California in terms of its effect on
drilling requirements. One faction supports the view that downhole drilling
techniques are roughly the same regardless of the resource produced, and the
other points to the variations in tools and technologies required for
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geothermal production. The expressed California state view is that up to now
the industry has operated under the law and as experience reveals "clinkers"
in it, it can be rewritten as needed.
The number of regulations reviewed in this survey which spell out speci-
fic drilling requirements is limited, but those which do so appear to apply
the same procedures which are accepted practices in the oil and gas industry.
This no doubt results from the fact that there is insufficient experience
with geothermal production to offer a basis for differentiation. No official
documents have been reviewed which undertake to equate the production tech-
niques or related pollution control requirements of the geothermal industry
to exploitation of groundwater or minerals other than oil and gas.
GENERAL ENVIRONMENTAL CONTROL REQUIREMENTS
In addition to those dealing specifically with geothermal development,
there are federal, state, and county laws and regulations which are generally
applicable to all sources of pollution or potential sources. None have been
reviewed which specifically exempt geothermal production or use from their
requirements so the conclusion is drawn that they will apply to such opera-
tions. Some of the geothermal regulations specifically reference the air,
water, noise, or other environmental standards with which compliance is
required, and others simply require blanket compliance with all applicable
standards. Reference to geothermal wastes, as such, in the general environ-
mental control documents is, as yet, rare.
DEFINITION OF GEOTHERMAL RESOURCES
There has been considerable discussion and litigation in both federal
and state courts on the definition of geothermal resources. However,
whether they are defined as a mineral, water, or a unique resource is only of
peripheral interest to this study. The major impact of the definition on
environmental control is that if it affects ownership of the resource, it
will in turn determine which agency has jurisdiction and whether federal or
state regulations apply. Since both federal and state environmental require-
ments are covered in this report, the subject of definition will not be
dealt with.
APPLICATION OF FISH AND WILDLIFE COORDINATION ACT
A definition of geothermal resources as water could, however, invoke
application of the Fish and Wildlife Coordination Act (16 USC, Section 662).
While the Geothermal Act and regulations, the National Environmental Policy
Act, and various state environmental impact evaluation procedures require
conservation of wildlife, the protective requirements of the Coordination Act
are much more stringent and far-reaching. It requires baseline studies of
the environment of areas to be leased and the establishment of measures to
mitigate harm prior to leasing. The Fish and Wildlife Service could oppose
a proposed geothermal plan of operation if full consideration were not given.
The Service reviews all federal and federally-related applications that
affect territorial and inland navigable waters and wetlands. The review
process is initiated:
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"whenever the waters of any stream or other body of water are
proposed or authorized to be impounded, diverted, the channel
deepened, or the stream or other body of water otherwise con-
trolled or modified for any purpose whatever."
If geothermal resources are held to be water-dependent, the Service
could issue guidelines analogous t o the December 1975 "Oil and Gas Explora-
tion and Development Activities in Territorial and Inland Navigable Waters
and Wetlands" (40 Fed. Reg. 55804).
The USGS geothermal regulations require the lessee to take measures for
conservation of endangered and threatened species of flora and fauna as set
forth in applicable executive orders, regulations, and state and federal
legislation such as the Endangered Species Act of 1973 and the Fish and Wild-
life Coordination Act. Since the Fish and Wildlife Coordination Act applies
only to water-dependent projects, resolution is necessary as to whether the
incorporation of the Coordination Act is valid.
ENDANGERED SPECIES ACT OF 1973
This act (P.L. 93-205) is designed to prevent the future decline, and to
bring about the restoration of, endangered and threatened species of fish,
wildlife, or plants. It requires the Secretary of Commerce and the Secretary
of Interior to develop and maintain a list of species determined to fall
within these categories. Certain provisions of the Act and their interpreta-
tion and implementation by the Fish and Wildlife Service and the National
Marine Fisheries Service could potentially impact geothermal development,
either on public or private land.
A major purpose of P.L. 93-205 is "to provide a means whereby the eco-
systems upon which endangered species and threatend species depend may be
conserved." The primary thrust of the above agencies' implementation of this
is the designation of critical habitats, which may consist of an entire
habitat or any portion of one. The definition of "critical habitat" may be
found in the Federal Register of April 22, 1975. The designation of such
areas does not automatically preclude specific activities within them "unless
such actions actually could be considered detrimental to the species
involved" (Federal Register, July 14, 1976). In fact, the 1975 publication
of the critical habitat concept specifically emphasizes that certain actions
may not be detrimental and that there may be many kinds of actions which
could be carried out that would not be expected to result in the reduction of
the numbers or distribution of the species or otherwise adversely affect it.
However, this statement must be viewed in relationship to the agencies'
interpretation of the term "taking" as used in the Act. It is employed in
the context that the taking of an endangered species is prohibited, except
for limited specified purposes. In an amendment to Part 17 CFR (Federal
Register, September 26, 1975), the definition of "take" embraces "harm" which
is defined as "an act or omission which actually injures or kills wildlife,
including acts which annoy it to such an extent as to significantly disrupt
essential behavioral patterns, which include, but are not limited to,
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breeding, feeding, or sheltering; significant environmental modification or
degradation which has such effects is included within the meaning of 'harm.'"
In this definition, potential restrictions on environmental modifica-
tions are expressly limited to those actions causing death or injury to a
protected species of fish or wildlife. The actual consequences of such an
action upon listed species is, according to the Fish and Wildlife Service,
paramount.
However, in the Federal Register discussion (April 22, 1975) of the
critical habitat concept, it is pointed out that federal conservation actions
involving critical habitats may include the development of regulations,
management plans, and other rather open-ended actions. Thus, if a promising
area for geothermal production and use in a power plant, for example, coin-
cides with a designated critical habitat, it appears possible, if not prob-
able that potential consequences could become an issue in obtaining the
necessary exploration and production permits, as opposed to actual conse-
quences.
This is certainly the case with geothermal development on federal
leases, in any event. Section 7 of the Act requires all federal departments
and agencies to avoid actions authorized, funded, or carried out by them from
destroying or adversely modifying critical habitats. This, of course, is
the basis for tying the requirements of the Endangered Species Act into the
federal geothermal regulations, as noted above.
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SECTION III
ANALYSIS OF FEDERAL/STATE
POLLUTION CONTROL REQUIREMENTS
The major thrust of this section is the uncertainty which surrounds the
environmental control requirements with which the emerging geothermal indus-
try will be called upon to comply. It points up the sparsity of existing
numerical standards which relate to the anticipated waste parameters of geo-
thermal operations. Section V in turn raises the further question of whether,
indeed, some of the existing numerical limitations are suitable for applica-
tion to geothermal operations which involve neither combustion nor materials
other than water or steam and associated pollutants. These questions will be
addressed again when all the results of Phase II of the project are in.
As discussed previously, geothermal operations on federal land are sub-
ject to compliance with all applicable federal, state, and local environmental
control standards dealing with air, land, water, and noise. The word "stan-
dards" is interpreted here to mean all applicable statutes and regulations.
Specific standards on various parameters are, of course, the heart of envi-
ronmental regulations and the form of regulation in this field which is most
easily enforced.
Geothermal operations on state and private lands are also subject to
federal, state, and local standards. This is because general, across-the-
board pollution control regulations apply to all sources or potential sources
of pollution whether or not states specifically reference the standards in
geothermal statutes or regulations.
This section of the report analyzes federal pollution control require-
ments and state requirements which are necessitated by federal legislation.
It also presents general discussions of land disposal, noise, erosion control,
and subsidence regulation at the federal and/or state level although interplay
between the two levels in these areas is not specifically mandated.
In many cases, the state air and water pollution control documents do
not go much further than the performance required of them by federal law.
This section deals only with the broad interaction between the two levels in
these areas; specific state standards are discussed in Section V.
AIR POLLUTION CONTROL
The primary, if indirect, objective of the federal Clean Air Act, as
amended in 1970, is the imposition of limitations on the emissions of air
pollutants from both stationary and mobile sources. This discussion is
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limited to stationary sources only.
The mechanisms prescribed in the Act for establishing emission limita-
tions are set in motion at the federal level. However, with only a few
exceptions the numerical emission standards are set by the states.
Air Quality Criteria/Ambient Air Quality
Standards/State Emission Standards
The first procedure outlined in the Act with the ultimate objective of
emission standards begins with the issuance of air quality criteria on
pollutants which in the judgment of the EPA Administrator have an adverse
effect on public health and welfare. The criteria undertake to identify
scientifically the kind and extent of all effects on health or welfare which
may be expected from the presence .of a given pollutant in the ambient air, in
varying quantities, and under various conditions.
The Administrator is then directed to promulgate both a national primary
and secondary ambient air quality standard for the pollutant. Primary stan-
dards are geared to protect public health and secondary standards are designed
to protect public welfare. ("Welfare" is interpreted to mean effects on soils,
water, vegetation, materials, economic values, and personal well-being, among
others.)
Ambient air standards are goals for what is considered acceptable air
quality in a given area. They are designed to reflect the causative rela-
tionship between the level and degree of pollution and the degree of its
effects, and, in some cases, a time element.
Emission standards limit the allowable amount of pollutants which may
legally enter the atmosphere from a given source. They are calculated at
levels which theoretically will permit the ambient air standards to be
achieved, taking into account air quality and meteorological considerations.
This statement is too simplistic where a density of sources is involved, but
this is not expected to be a problem in geothermal production. Emission
standards are enforceable whereas ambient air standards usually are not —
they are only objectives, as stated above — and emission limitations are the
primary regulatory control tool of interest to the emerging geothermal indus-
try.
Once an ambient air standard is set, the Clean Air Act requires the
states to adopt a plan to implement the standard. This plan must include an
emission standard for the pollutant.
Federal Emission Standards
However, the Act requires EPA itself to establish three major types of
emission standards. These standards include: (1) new source performance
standards (NSPS); (2) national emission standards for hazardous pollutants;
and (3) emission standards imposed by EPA when a state fails to adopt its own
emission standards or its standards are deemed inadequate.
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The first of these is the only one likely to be of major concern to
geothermal operations. This is true first because, based on what is known
today about the probable air pollutants associated with geothermal production
and their concentrations, this type of activity will not be a source of
"hazardous" pollutants in the context of the Act. "Hazardous" pollutant is
defined as one which in the judgment of the EPA Administrator may cause, or
contribute to, an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness. It is not anticipated that levels of
hydrogen sulfide present in geothermal deposits will meet this criterion al-
though topographic and meteorological conditions could possibly engender ha-
zardous levels sporadically in some cases.
Second, any emission standards imposed by EPA in the absence of state
action would probably fall within the numerical limitations adopted by other
states and approved by EPA. Thus, no requirements substantially different
from those of neighboring states would be expected through this route.
The new source standards of performance are emission standards in the
sense that they impose restrictions on quantities of pollutant emissions.
However, they are different in character from other emission standards in that
they are designed primarily to reflect the best demonstrated technology taking
costs into account, and, contrary to the purposes of other emission limita-
tions , are not calculated to achieve any specific air quality levels. Once
an NSPS is established for a pollutant for which no air quality criteria have
been issued, Section 111 of the Clean Air Act requires the states to set emis-
sion standards for such a pollutant. This emission standard will be appli-
cable to existing sources of the pollutant of the same type as the new sources
designated in the NSPS. These standards are not required to be more stringent
than the NSPS, but since the states are not preempted from more stringent
regulations on stationary sources, this possibility always exists. Thus,
when, or if, EPA establishes NSPS applicable to geothermal wells and attendant
activities, this action will not only affect all future geothermal development,
but will affect existing operations as well, potentially more so.
State Emission Standards vis-a-vis NSPS
It appears currently that the importance of the functions of Section 111
will increase significantly for all sources of air pollutants and especially
for geothermal operations. The explanation for this lies both in past EPA
actions and predictions for its future course.
Criteria and ambient air standards have been issued on only six pollu-
tants: sulfur dioxide, particulates, carbon monoxide, photochemical oxidants,
hydrocarbons, and nitrogen oxides. Applicability of the NOx ambient air
standard based on the criteria has subsequently been greatly reduced since it
was discovered that some of the criteria were generated through faulty moni-
toring methodology. Thus, in actuality, no ambient air standard in general
use is based on criteria issued since the Act was passed, although the EPA
Administrator was recently ordered by the courts to publish criteria on lead.
This background suggests, and discussions with EPA personnel tend to
confirm, that the federal criteria/ambient air standard/state emission
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standard mechanism will not play a significant role in the future. It is
anticipated that use of the Section 111 procedure will instead increase in
predominance—i.e., that state emission standards for various pollutants from
existing sources will result from the application of federal new source per-
formance standards. This prediction is also supported by the fact that the
Administrator's reason for not issuing criteria and standards for lead is
that he had determined to control lead emissions through the fuel additive
section of the Act and Section 111, the route he will follow if the court
order is withdrawn.
The timing of EPA action on an NSPS geared to geothermal production and
use will almost certainly depend on how soon this industrial activity becomes
a potential major source of air pollutants, the nature of the pollutants
generated, degree of overt public concern, and EPA's backlog in promulgating
standards of performance. In view of the fact that NSPS have not yet been
established for such widely recognized sources as petroleum refineries, iron
and steel mills, gray iron foundries, lead battery manufacture, and a number
of others, geothermal wells would have to be granted very high priority to
top this list in early attention.
Problems in Establishing NSPS for
Geothermal Operations
The backlog exists largely because the selection of standards of perfor-
mance to achieve the intent of Congress has been surprisingly difficult,
according to EPA reports, and due to the limited geothermal experience, the
task is likely to be even more difficult for this source. In general, the
standards must: (1) realistically reflect best demonstrated control practice
and consider the cost of such control; (2) apply to modified existing sources
as well as new installations; and (3) meet these conditions for all variations
of operating conditions under consideration anywhere in the country. In light
of the very wide variation in the nature of geothermal resources, the latter
criterion is formidable at best.
A major step in developing NSPS is identification of the best system of
emission reduction which "has been adequately demonstrated" and quantifying
the emission rates achievable with the system. EPA interprets the legisla-
tive history of Section 111 and various court decisions to mean that the
Administrator's judgment of what is adequately demonstrated is not limited to
systems that are in actual routine use. Consequently, he may consider control
systems which have been adequately demonstrated but for which there is limi-
ted operational experience. To date, the Agency has based its determination
of the "degree of emission limitation achievable" primarily on results of
tests of emissions from existing sources. In some cases, this has required
investigation of emissions from control systems in other countries where more
effective systems of control than those in the United States are employed.
This is also a likely circumstance when attention is focused on geothermal
production.
When the best demonstrated systems of emission reduction are not in
widespread use, the data base upon which the standards are established will
necessarily be somewhat limited. This is certain to be a problem with
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geothermal production and use, and EPA's common starting point — test data
on existing well-controlled sources — is likely to be limited as well, espe-
cially in view of the wide variation in geothermal formations, as noted above,
and production techniques. Since the control of existing wells will represent
retrofit technology in most cases or technology designed to meet an existing
state or local regulation, EPA may decide that new wells can meet more strin-
gent emission limitations.
Significant Deterioration Regulations
Another route to federal/state control of air pollution emissions which
could be made applicable to geothermal operations are the regulations designed
to prevent significant air quality deterioration in areas of states where the
air pollution levels are currently below the national ambient air quality
standards. These regulations are source-specific and do not presently cover
geothermal operations, although it is understood that consideration was given
to their inclusion. By virtue of the more remote locations of geothermal
resources in the preponderance of cases, it would not be surprising if this
decision were reversed at some future time.
And, unless Congress clarifies all of the ambiguities presently surround-
ing this issue, and the issue is currently pending in amendments to the
fllean Air Act, this encounter could invoke a strong restraining influence on
geothermal development in some areas. In fact, EPA, in its Federal Register
statement on the regulations noted that a policy of preventing significant
deterioration "will have a substantial impact on the nature, extent, and
duration of future industrial development . . . throughout the United States
. . . (which) could affect the utilization of the Nation's mineral resources
..." The concept is a highly emotional issue which is apt to remain so
until there are binding determinations of the definition of "significant
deterioration" and exactly how it will be prevented.
The genesis of the conflict is that the Clean Air Act declares that one
of its purposes is "to protect (emphasis added) and enhance the quality of
the Nation's air resources so as to promote the public health and welfare and
the productive capacity of its population." However, nowhere in the sections
dealing with standards and implementation plans is there any guidance on pro-
tection of pristine air. Thus, EPA interpreted the Act to mean that it must
approve state implementation plans which will attain and maintain the national
ambient air quality standards, and that the Act does not require EPA or the
states to prevent significant deterioration of air quality.
However, environmental groups and some states used the above language
and the legislative history of the Act to achieve a court injunction requir-
ing the Administrator to disapprove any portion of a state plan which does not
effectively prevent significant deterioration. This was upheld by the Supreme
Court by an equally divided vote. The details of this judicial record may be
found in the Federal Register of July 16, 1973.
The regulations subsequently promulgated as Section 52.21 of Title 40,
CFR, are summarized as follows:
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The regulations are applicable only to those counties, other functionally
equivalent areas, lands owned by the federal government, or Indian lands in
which air quality did not exceed national ambient air standards for sulfur
dioxide or particulate matter in 1974. In areas designated as Class I and
Class II, a maximum percentage of increase in concentrations of these two
pollutants would be imposed; Class II is much more permissive. In areas de-
signated as Class III, the levels would be restricted to those of the national
ambient air quality standards. All areas were initially designated as Class
II, and redesignation to the stricter Class I or more lenient Class III is
dependent upon requests by states, federal land managers, and Indian governing
bodies which, after hearing, are approved by the EPA administrator. No appli-
cations for reclassifications have been received by EPA.
The types of new or modified sources of sulfur dioxide and particulates
which are specifically subject to very stringent construction permit require-
ments do not include operations which can be compared directly to geothermal
production or use. However, there is evidently nothing to prevent geothermal
activities from being added if it is determined that they would contribute to
levels of SC-2 or particulates which exceed those permitted for the class of
area in which they are to be located.
The State of Colorado has already applied a similar concept and it is
understood that Montana is considering such action.
WATER POLLUTION CONTROL
The prevailing legislative control of water pollution is the Federal
Water Pollution Control Act as it was amended in 1972 (P.L. 92-500). This
89-page law and the hundreds of pages of new regulations it engendered will
impact upon almost any type of industrial activity, but its effects are, of
course, more pronounced on the industries whose processes require the use of
large volumes of water. The degree of its effects on geothermal enterprises
will almost certainly vary with the form in which geothermal resources are
manifested, the production technology utilized, the use to which the resource
is put, whether and under what conditions reinjection of geothermal fluids
is permitted, and to what extent reinjection is deemed a more attractive al-
ternative than discharge to surface waters.
It is emphasized here that all of the ensuing discussions of provisions
of P.L. 92-500 are relevant only to surface discharge of pollutants. "Pol-
lutant," by definition, does not mean "water derived in association with oil
or gas production and disposed of in a well, if the well used . . . for dis-
posal purposes is approved by authority of the state in which the well is
located, and if such state determines that such . . . disposal will not result
in the degradation of ground or surface water resources." While this now
specifically applies only to oil and gas operations, it provides a vehicle
which could be extended to related geothermal activity. In areas where
methane comprises a large percent of the total volume of geothermal deposits,
an interpretation would be needed as to its present applicability.
It will be noted that the new state underground injection control program
discussed below is proposed by EPA pursuant to the Safe Drinking Water Act
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rather than the Water Pollution Control Act.
As discussed above, the latter Act requires interaction between the
federal program and the states, although the mechanisms prescribed are some
what different from those of the Clean Air Act. In one important area,
implementation of the National Pollutant Discharge Elimination System (NPDES)
permit program, state participation is voluntary. They are not required to
manage this program under state law unless they desire to do so.
The states which have qualified to implement the NPDES program within
their borders include several with geothermal deposits such as California,
Colorado, Hawaii, Montana, Nevada, Oregon, Washington, and Wyoming. More
current information on the status of a given state in this regard may be as-
certained through a state or local water pollution control agency.
All of the many ramifications of the Act and the regulations are not
presented separately here. Instead, the potential broad, cumulative effect
on geothermal development is analyzed.
Effluent Limitations and Standards
In those industries where effluent guidelines have been established for
meeting the 1977 and 1983 requirements of the Act, described below, there is
probably less uncertainty in this regulatory arena than in air pollution
control — or there will be when the guidelines in litigation are resolved.
However, while geothermal operations received some attention by the EPA con-
tractor who performed the guideline study of steam supply and non-contact
cooling water in 1974, no recommendations were made for effluent limitations
and standards [1]. In addition, it is felt unofficially at EPA that while
generation of electric power with geothermal steam was not specifically exempt
from the limitations guidelines which apply to the thermal effluents of fossil
fuel and nuclear power plants, they are not applicable. There is presently
no plan to develop this type of regulation for the geothermal industry.
This situation is, of course, subject to change. The mechanism which EPA
would probably utilize is to add geothermal production and/or use to the list
of source categories required by the Act. Entry on the list automatically
requires that new source performance standards be set for the source category
within a year. In actual practice, announcement of the addition of the
category is simultaneous with the publication of NSPS, along with guidelines
for 1977 and 1983 effluent limitations. Since this action would be preceded
by a study of several months' duration, the geothermal industry would have
considerable advance notice.
The 1977 effluent limitations require the application of the best prac-
ticable control technology (BPCTCA); by July 1, 1983, the best available
technology economically achievable (BATEA) must be applied. New sources must
achieve standards of performance which reflect the greatest degree of effluent
reduction achievable through the application of the best demonstrated tech-
nology, processes, operating methods, or other alternatives.
The actual limitations and standards are promulgated as single-value
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limitations on permissible discharges of specific constituents. The technol-
ogies and alternatives are defined on an industry-by-industry basis in guide-
lines which accompany the limitations. It has been argued, unsuccessfully so
far, that issuance of the guidelines is the only power which the Act confers
on the Administrator over effluent quality applicable nationwide — i.e.,
that the binding single-number effluent limitations for existing point sources
can only be established by the permit-granting authorities (principally the
states) who are to utilize the guidelines in the process. The 3rd Circuit
U.S. Court of Appeals found, however, that in spite of the lack of clarity in
the Act on this point, the Administrator's power to promulgate numerical
effluent limitations under Section 301 of the Act can be inferred [2].
Many of the effluent limitations promulgated have been contested in
court by the affected industries, primarily on a point which will be highly
significant when EPA undertakes to set limitations for geothermal production
and use. The contention has been that an inadequate wastewater treatment
performance data base was utilized to arrive at the numerical standards, and
that they are thus not representative of or achievable by all sources in a
category. While this situation existed in some established industries be-
cause of the limited number of treatment systems utilized to produce any data,
it will occur in the geothermal industry because the number of operations
themselves is limited, and, up to now, there is virtually no wastewater
treatment to provide data. EPA has attempted to overcome this deficiency with
the transfer of treatment technologies from related industries with similar
waste characteristics. This practice, too, has been the subject of consid-
erable controversy.
Until effluent guidelines are promulgated for the geothermal industry,
their absence will be a significant factor in the NPDES permits for the dis-
charges of these operations.
NPDES Permits
Under P.L. 92-500, pollutant discharges into the navigable waters of the
country, the territorial sea, the waters of the contiguous zone, or the oceans
without an NPDES permit are illegal with limited exceptions. The exception
of particular interest to the geothermal industry is the one quoted above
exempting injection of water derived in association with oil or gas products.
This exclusion of injection from the requirements of the permit system is
particularly noteworthy because the system's application is by definition
limited to surface waters only. (A relationship is again drawn between
underground injection and oil and gas operations in the Safe Drinking Water
Act and in recently proposed EPA regulations pursuant to the Act. These
regulations are discussed below.)
Industrial wastes discharged to publicly owned treatment systems are
also exempt from NPDES provided that they are in compliance with pretreatment
standards. Again, no such federal standards have been set for the liquid
wastes of geothermal production or use.
In the absence of federal effluent limitations and new source performance
standards, a permit for discharging geothermal wastes is likely to be
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conditioned on state standards. These are water quality standards consisting
of water quality criteria and a plan for their implementation. They limit
the concentrations of pollutants present in waters receiving discharges to a
numerical value in terms of parts per million or milligrams per liter. How-
ever, EPA has adopted a pounds-per-unit-of-production value on most parameters
in industrial wastes for use in effluent limitations, as opposed to water
quality standards. The newer concept equalizes the limitations among all
sources in a category of sources, regardless of size.
Thus, in determining the conditions of a geothermal discharge permit, the
water quality standard would be translated into a pounds-per-unit-of-produc-
tion limitation on effluent parameters which would maintain the required
receiving water quality. In some cases, this process may result in stricter
effluent limitations than EPA would find necessary to apply to the whole
industry. This is because the states are permitted to set more stringent
standards, and they do so for bodies of water where they feel it is desirable.
The actual limitations on pollutant parameters in the permit are usually ex-
pressed in pounds per day.
A copy of a federal permit application is shown in Appendix A to illus-
trate the kind of information which must be supplied.
Permits issued by states are exemplified by the permit which the State
of California issued to Union Oil Co. of California for waste discharges at
The Geysers, the only geothermal field presently used for electric power
generation in this country. It is shown in Appendix B. The permit is en-
titled "Waste Discharge Requirements," the terminology used by the state in
its Water Quality Control Act which is synonymous with the federal term
"permit." (This Act is summarized in Section V.)
The discharge specifications of the permit: (1) prohibit the discharge
of wastes of any nature to the waters of the nearby creek or its tributaries;
(2) require the disposal of drilling muds, oils, and associated wastewater on
a disposal site approved and classified by the regional water pollution con-
trol board; and (3) prohibit nuisance and pollution created by the treatment
or disposal of waste. In addition, the permit provides that: (1) wastes
produced in connection with site preparation and road construction will be
placed where they cannot be reasonably expected to be carried to the creek
or its tributaries; (2) all roads and exposed surfaces will be protected
from erosion; and (3) the company will comply with a notification, monitoring,
and reporting program. The Notification, Monitoring, and Reporting Program is
shown in Appendix C. Such programs are authorized in the federal NPDES permit
regulations, Title 40 CFR, Part 125.
An important amendment was added to the NPDES regulations last year
(Section 125.28, Title 40 CFR). The effect of this is that under certain
circumstances, a discharger is credited for the pollutants which are present
in his intake waters and are not removed through the application of the re-
quired level of technology. He is thus responsible for removing only those
pollutants added in his operation. At present, the required level of tech-
nology for a geothermal operator is the conditions of his NPDES permit. For
this rule to apply, the discharge must be made into the same body of water
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from which the water supply came. There are other stipulations but it appears
that this credit could be achieved if doing so were really important to the
discharger.
Environmental Impact Statements for New
Source NPDES Permits
Section 511 of the Water Pollution Control Act applies the provisions
of the National Environmental Policy Act of 1969 to the issuance of an NPDES
permit for a new source of water pollution. However, the Act defines a new
source as one on which construction is commenced after applicable new source
performance standards are proposed. Thus, in the absence of such standards
geothermal operations are not yet subject to the federal regulations imple-
menting this provision of the Act proposed last year (40 CFR Part 6). However,
their requirements will constitute a rather difficult environmental restraint
on a young industry consisting almost entirely of new sources when or if EPA
proposes new source performance standards for its operations. Thus, a brief
description is included here.
These regulations, which have not yet been finalized, will be applicable
only to new source permits issued by EPA and not to permits obtained under
state programs. The Act does not specifically apply Section 511 to state-
issued permits, and not all states which have been granted NPDES authority
have a state statute commensurate with NEPA. Whether application of Section
511 to state permits can be inferred is beyond the scope of this project, but
since the states are rapidly enacting NEPA-type statutes on their own, it
probably is not an overriding consideration in any event.
The whole federal procedure hinges on the initial decision as to whether
a proposed facility is a "new source." The guidelines provided to Regional
EPA Administrators for this purpose are as follows:
A source should be considered a new source provided that at the time of
proposal of the applicable new source standard of performance, there has not
been any:
"1. Significant site preparation work, such as major clearing or
excavation; or
"2. Placement, assembly, or installation of unique facilities or equip-
ment at the premises where such facilities or equipment will be used; or
"3. Contractual obligation to purchase such unique facilities or .
equipment. Facilities and equipment shall include only the major items listed
below, provided that the value of such items represents a substantial com-
mitment to construct the facility:
a. structures; or
b. structural materials; or
c. machinery; or
d. process equipment.
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"4. Contractual obligation with a firm to design, engineer and erect a
completed facility (i.e., a 'turnkey1 plant)."
If normal prudence is exercised in obtaining all applicable approvals,
permits, licenses, etc., before committing funds to advanced development work,
then under these guidelines nearly all future geothermal operations would be
defined as new sources when they become subject to NSPS. In addition, exist-
ing state environmental impact reporting requirements do not generally limit
their application to "new sources," but apply them across the board to actions
which will significantly affect the environment.
Thus, it appears that most, if not all, proposed geothermal development
may be subject either now or at some future point to NEPA-type scrutiny at the
federal or state level. This discussion is limited to the proposed federal
regulations (40 CFR Part 6), and the state requirements are summarized in
Section V.
In brief the steps to be followed are:
1. Potential new source applicant executes a new source and environ-
mental questionnaire (NS/EQ).
2. The completed form is filed at least nine months prior to construc-
tion of the facility. (It is pointed out that it is to the applicant's ad-
vantage to return the form as early as possible so that if an environmental
review is deemed necessary, construction will not be held up.)
3. The Regional Administrator decides whether the facility is an
existing or new source.
4. If it is a new source, applicant submits an environmental assess-
ment unless the Regional Administrator determines that the NS/EQ is adequate.
5. An adjudicatory hearing is held on new source decision if requested
by the applicant or an interested party.
6. The Regional Administrator conducts an environmental review to
determine whether an environmental impact statement is required. (The guide-
lines he is to use are shown in Appendix D. It appears that several of the
criteria listed could be interpreted to necessitate an EIS on proposed geo-
thermal development.)
7. If an EIS is not required, a negative declaration is issued.
8. If an EIS is required, the Regional Administrator then "assures"
that a draft EIS is prepared. (There is nothing to indicate who will prepare
the EIS.)
9. The availability of the draft EIS is published in the Federal
Register and a public hearing is convened if there is a significant degree
of public interest.
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10. The Regional Administrator prepares a final EIS.
11. The Regional Administrator approves or denies the permit.
This brief description covers only the highlights of the procedure. The
detailed content of an EIS as prescribed by the regulations is shown in
Appendix E.
In addition, there are other legal provisions to be considered. These
include the requirements of the National Historic Preservation Act of 1966,
the Archaeological and Historical Preservation Act of 1974, Coastal Zone
Management Act of 1972, Wild and Scenic Rivers Act, Endangered Species Act,
and others, along with implementing regulations.
Proposed Toxic Effluent Standards
P.L. 92-500 requires the Administrator to establish effluent standards
(or prohibitions) for toxic pollutants taking into account their toxicity,
degradability, the importance of organisms affected, and other factors. The
toxic effluent standards will be applicable only to designated categories of
sources and none have yet been prepared which are directed to geothermal
operations. Nor are geothermal operations on the list of industries to which
EPA has agreed to establish toxic effluent limitations and standards for
achievement by June 30, 1983 [3]. It is possible that use of geothermal
steam to generate electric power could be included in the steam electric power
plants category, but as discussed above, this was not done in establishing
effluent limitations and standards for other than toxic pollutants for this
point source. There is nothing ptesently to suggest a change in procedure.
However, EPA has agreed [3] to publish maximum permissible concentrations
in waterways for each of 65 toxic pollutants by June 30, 1978. These water
quality criteria are to be used as guidelines by state and federal authorities
in issuing NPDES permits to regulate discharges from individual plants to
insure that concentrations of a given pollutant(s) in the receiving water do
not exceed safe levels. It is probable that this general mechanism will
affect geothermal waste discharges long before any industry-specific toxic
effluent standards are set.
The listed pollutants which might be found in geothermal deposits in
this country according to current knowledge of their character are:
Arsenic and compounds
Beryllium and compounds
Cadmium and compounds
Copper and compounds
Lead and compounds
Mercury and compounds
Nickel and compounds
Zinc and compounds
However, it is very possible that the naturally-occurring concentrations
of these substances would not reach the harmful threshold. This subject will
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be addressed in the Phase II report on this study.
One other listed class of pollutant — chromium and compounds — is like-
ly to be found in some drilling muds used in geothermal drilling. However, as
a waste, this material would be subject to land disposal regulation rather
than surface water discharge limitations.
When promulgated, a toxic pollutant standard or prohibition will prevail
over any limitation in an NPDES permit for the same pollutant which is less
stringent than the standard, and takes effect immediately.
Thermal Standards
Because of inherent inefficiencies in the generation of thermal power
from steam, it is necessary to dispose of large amounts of waste heat. The
process efficiency is a function of the steam temperature. Fossil-fueled
steam generation plants operating at high steam pressures and temperatures
can achieve about 40 percent efficiency. Present nuclear plants cannot oper-
ate at such high temperatures so their efficiency is commonly in the lower 30
percent range. In geothermal plants, with still lower steam temperatures and
consequently lower efficiencies, the required disposal of waste heat will be
even greater. A similar problem may also occur in other uses of geothermal
resources such as space heating, depending, of course, on the particular pro-
cess involved.
Effluent limitations guidelines and standards contain restrictions, where
applicable, on the temperature of discharge wastewaters in addition to the
limitations on chemical parameters. In the absence of such standards for the
production of geothermal resources, the thermal discharge limitations will be
based on state water quality standards through the NPDES permit program.
The thermal water quality standards for various states are given in
Section V. In general, the limitation of temperature rise above normal is a
function of the type of fishery desired in the water body. When the standards
require that the waters should be suitable for at least a warm water fishery,
maximum temperature rises 2.8°C (5.0°F) above ambient are prescribed. In
some cases, maximum absolute discharge temperatures are also set for the
water body. Where it has been judged that the water would be suitable for
cold water fish, such as trout and salmon, the allowable temperature rise
and absolute temperature are often more restrictive. In some of the northern
states surveyed, where all waters are cooler, the more stringent limitations
are applied statewide. In others, the degree of temperature rise limitation
depends on the normal temperature of a given water.
The same NPDES/state standard procedure for establishing thermal dis-
charge requirements is almost certainly as applicable today to the use of
geothermal resources as well as to their production. However, for specific
applications of the geothermal product, it is possible that the thermal ef-
fluent guidelines and standards established for the industry in which the
product is used may be applicable. The thermal guidelines and standards set
for the steam electric power generating industry [4] are a good example.
While these restrictions were developed primarily for plants where the steam
is generated by fossil fuel or nuclear power, the promulgated regulations do
not specifically exclude generating plants operating on geothermal steam.
And, they could theoretically be interpreted to include plants where the steam
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is of geothermal origin since the means used to generate the steam has no ef-
fect on the disposal of waste heat. However, as noted previously, discussions
with the EPA group which developed the steam electric industry guidelines
indicate that while such an interpretation is possible, it is not likely on
the basis that geothermal operations were not characterized in the regulations.
If such an interpretation should prevail, these limitations would require
that all units of greater than 25 MW capacity placed in service after January
1, 1974, discharge no heat to navigable waters except blowdown from a closed-
cycle cooling system cold side, subject to the provision of Section 316(a) of
P.L 92-500.
Recognizing that the installation of cooling towers or a cooling pond,
as would be required by these limitations, is not always cost effective,
Congress included this section which reads as follows:
"Thermal Discharges - Sec. 316(a) With respect to any point source
otherwise subject to the provisions of section 301 or section 306
of this Act, whenever the owner or operator of any such source,
after opportunity for public hearing, can demonstrate to the satis-
faction of the Administrator (or, if appropriate, the State) that
any effluent limitation proposed for the control of the thermal
component of any discharge from such source will require effluent
limitations more stringent than necessary to assure the protection
and propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in and on the body of water into which the dis-
charge is to be made, the Administrator (or, if appropriate, the
State) may impose an effluent limitation under such sections for
such plant, with respect to the thermal component of such dis-
charge (taking into account the interaction of such thermal com-
ponent with other pollutants), that will assure the protection
and propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in and on the body of water."
In essence, Section 316(a) allows for a variance from thermal standards
when it can be shown that the introduction of a given amount of heat into the
receiving body of water will not interfere with the "protection and propaga-
tion of a balanced, indigenous population of shellfish, fish, and wildlife in
and on the body of water." The federal EPA and the various states which
have received permit authority have set up detailed procedures dealing with
obtaining such alternate effluent limitations, both for existing and proposed
new units. For new units these procedures require a study to determine the
present indigenous populations, a determination of how the temperature in
the water body will be altered by the proposed discharge, and finally a
determination based on the literature or new studies of how the new tempera-
ture would affect the indigenous population. In general, such a demonstration
may require thermal modeling and ecological studies which include several
seasons followed by a definitive report, and various public hearing and
review procedures. Depending on the physical plant setup, the water body
involved, and the state and federal regulatory agencies, a considerable
amount of time often elapses before a determination can be made under Section
316(a). Proposed guidelines have been issued for 316(a) studies [5].
In a great many areas where geothermal resources may be used to produce
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electric power, there will not be a sufficiently large body of water available
to accommodate the thermal discharges associated with the use of once-through
cooling wa^ter for the condenser, and dissipation of heat by cooling towers
will be necessary. However, in considering sites for location of geothermal
power plants it should be kept in mind that a water supply permitting the use
of once-through cooling via the 316(a) route will have definite economic
benefits.
Another factor which must be considered when discussing the use of local
water for once-through cooling is the intake structure. Section 316(b) of
P.L. 92-500 requires that such facilities use the best available technology
to minimize the effects of impingement and entrainment of the fish and other
elements of the aqueous food chain. In general, NPDES permits for such struc-
tures require that information be submitted proving that such effects are
minimal.
In summary, limitations on the thermal component will apply to any dis-
charge of waters from geothermal resource utilization. Because of the lower
temperatures of operation, and, hence, lower efficiencies of geothermal in-
stallations, such installations will normally reject a larger fraction of
their total heat to waste than similar installations using fossil fuel or
nuclear power. The need to dissipate this waste heat to the atmosphere or
elsewhere, rather than to a local body of water, may act to limit geothermal
development because of increased costs, but will not be an absolute bar since
alternate methods of heat dissipation are readily available in the form of
wet or dry cooling towers or cooling ponds.
UNDERGROUND INJECTION CONTROL
The Safe Drinking Water Act (P.L. 93-523) mandated the establishment of
minimum requirements for effective state programs designed to protect present
or potential underground drinking water supplies from contamination through
subsurface injection of fluids. EPA has proposed regulations for this pur-
pose as 40 CFR Part 146 (Federal Register, Aug. 31, 1976).
The states are given primary enforcement authority and the regulations
are designed to allow states flexibility in coping with differences among
them in geological conditions, use and availability of groundwater, and in-
tensity of subsurface injection activities. However, the basic health stan-
dards to be applied are uniform for the whole country.
The Act defines "endangerment" as the presence of a contaminant which
"may result in (a public water) system's not complying with any national
primary drinking water regulation or may otherwise adversely affect the
health of persons." In the case of an existing system using an underground
water source, the logical meaning of this provision, EPA said, "is that con-
tamination endangers drinking water if it requires the use of new or addi-
tional treatment by the system to meet a national primary drinking water
regulation or otherwise to prevent a health risk." The burden is placed on
the underground injection operator to demonstrate that his operation will not
result in endangerment. Applicants for permits for new injection will be ex-
pected to bear a heavier burden or proof than the operation of an existing well.
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The legislative history of the Act suggests that any underground source
with a level of total dissolved solids of 10,000 mg/1 or less should be pro-
tected, and the regulations so define "underground drinking water sources."
However, it is felt to be a misallocation of resources to protect aquifers
as drinking water supplies which, in fact, will not be used as such. Thus,
the regulations contain a procedure whereby a state may designate one or more
aquifers or portions of them with a TDS level below 10,000 mg/1 but which are
not to,be protected because:
1. They are more valuable as oil producers;
2. They are severely contaminated; or
3. They are located in such a way that use as drinking water is im-
practical.
A state may also designate areas where no aquifers exist where the protective
requirements will not be applicable.
Specific requirements or alternatives are set forth for surface casing,
tubing and packers, annular injection, monitoring wells, and other factors.
These are not detailed here because the regulations are still in proposed
form and subject to revision before final promulgation.
It should be noted by the gebthermal community that EPA solicits comments
on all aspects of the proposed regulations and particularly welcomes useful
suggestions on specified areas. In the latter category are multiple use wells
such as those used for water flood and subsidence control which may not
readily fit into the current categorization scheme. EPA is seeking comment
on the extent and nature of these wells and on the necessity of developing
different minimum requirements from those contained in the proposed regula-
tions. All comments received on or before November 15, 1976, will be con-
sidered .
Fourteen states — none of which are among the 15 surveyed in this
report — presently ban waste disposal wells and there is nothing in the
regulations to require these states to permit the practice. Nor do the re-
gulations force states which have more stringent regulations to reduce their
requirements; they, in fact, encourage greater stringency if it is necessary
to protect water supplies.
SOLID WASTE DISPOSAL
The term "solid waste disposal" in today's parlance frequently means
disposal on land whether the waste deposited there is solid, liquid, or semi-
liquid. When the quantities of liquid or semi-liquid wastes generated by
industry are small enough, they may be drummed for land disposal. This method
is especially popular for industrial wastes when their character would pre-
clude water disposal without expensive treatment. The drilling muds used in
geothermal production are a good example of wastes other than solids which
require land disposal but are usually too large to permit drumming.
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NOTE: After this report was completed, the Congress passed a new Solid
Waste Disposal Act which is currently awaiting the President's signature. If
it becomes law, it will authorize the Environmental Protection Agency to re-
gulate the treatment, storage, transportation, and disposal of hazardous
wastes which have adverse effects on health and the environment.
At present, the federal government has no regulatory authority over the
disposal of wastes on private or state-owned land, although there are nu-
merous bills pending in Congress to amend the Solid Waste Disposal Act or
Resource Recovery Act of 1970 which would confer some authority on EPA. Thus,
regulation of land disposal of waste is left to state and local jurisdiction.
All states have some authority which can be applied in this field ranging
from recently-adopted comprehensive solid waste codes to the mere exercise
of old nuisance laws. The specific land disposal requirements of the
"geothermal" states are discussed in Section V.
A potential facet of land disposal regulation which may be the most
troublesome or expensive for geothermal development is the effect of so-
called hazardous waste disposal regulations on the disposition of waste dril-
ling muds. As of 197A, at least 25 states had enacted legislation or pub-
lished regulations for the purpose of controlling the land disposal of hazard-
ous wastes to some degree. Although many of these are impractical blanket
prohibitions, it can be anticipated that a different approach is not far in
the future in those states where it has not already been adopted — i.e.,
waste management according to the nature of wastes.
The current trend in disposal methods for hazardous wastes is toward
secured landfill. Secured landfills are usually differentiated from the
sanitary landfills in common use in that they incorporate leachate monitoring
and treatment, adequate diversion and control of surface water, and imper-
vious containment of wastes.
California and other states have already incorporated this advanced type
of landfill in their regulations. Such facilities are designated as Class I
Disposal Sites which are defined as "those at which complete protection is
provided for all time for the quality of ground and surface waters from all
wastes deposited therein and against hazard to public health and wildlife
resources." The criteria which must be met to qualify a site as Class I are,
as might be expected, quite stringent. They are set forth in Section 2510
of Title 23 of the California Administrative Code. This section defines
both rotary drilling muds containing toxic materials and brines from geo-
thermal plants as Group 1 wastes for which deposit in a Class I disposal site
is required.
While there are several categories of waste characteristics which may
result in their designation as hazardous and in turn invoke a requirement for
secured landfill, the only one which appears to be relevant to the nature of
some drilling fluids is toxic chemical. No information has been developed
by this study to suggest that any of these fluids have required special dis-
posal technology because of their flammability, radioactivity, or explosive
or biological properties.
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The term "toxic chemical" is used generally to describe all of the mani-
festations of toxicity ranging from minor irritation to death and carcinogenic,
mutagenic, and teratogenic effects. It is sometimes applied to substances at
low concentration levels in order to build a margin of safety into their dis-
posal because there is very little epidemiological knowledge or data on their
behavior under all environmental conditions.
The chemistry of the various individual components of drilling muds has
traditionally been "clouded in secrecy," to use the term of the most defini-
tive reference on the subject [6], and the user frequently did not know what
he was purchasing — or discarding. This situation has apparently not changed
appreciably since little information was made available to this study from mud
manufacturers contacted. However, authorities in the State of California, for
one, are chemically testing spent muds to determine their properties and de-
ciding, on a case-by-case basis, what type of disposal is required. This is
in conformance with the above definition of drilling muds containing toxic
materials as Group 1 wastes.
In one instance, for example, a geothermal operator in the vicinity of
The Geysers was required to build a virtually impermeable pit to receive
drilling fluid in which the only potentially hazardous constituent is ligno-
sulfonates. This material in the form most commonly used in drilling muds
for geothermal use is a chromium salt which results from the chemical attach-
ment of the chromium ion on the lignin molecule. (The lignin derives from the
wastes of sulfite pulp mills.) Various metals could be used, it is understood,
but chrome is the key one because of its ability to withstand the temperatures
involved in geothermal wells.
Some of the chromium salts are considered by toxicological experts to be
at least moderately toxic [7] which could account for this particular regula-
tory requirement for special handling in disposal. The presence of other
heavy metals, caustic compounds, and other types of materials classified as
toxic — including hydrogen sulfide absorbed during drilling in high sulfide
areas — are likely to trigger similar state or local action under the provi-
sions of waste management statutes and regulations. However, if California
practice is an indicator, special treatment will not be required for waste
muds shown by chemical analysis to be free of toxic problems.
When a hazardous constituent is distributed throughout a waste and cannot
be segregated for disposal, as is the case in drilling muds, the entire waste
containing it is considered hazardous and the costs for secured landfill can
run up to several times the cost of ordinary landfilling in some instances.
In the case of geothermal operations in remote areas, this increase could
potentially be magnified by the necessity to construct their own secured land-
fill, as occured in the above example, or by the costs of hauling wastes to
the nearest available facility which has also been required. These costs, and
the disposal problem itself, can, of course, be reduced by recirculation and
reuse of drilling muds to the greatest feasible extent.
This discussion is applicable to federal lands as well as to state and
private lands because of a relevant provision in Geothermal Resources Opera-
tional (GRO) Order No. 4, which is discussed in Section IV. It states:
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"Toxic drilling muds shall be disposed of in a manner approved by the Super-
visor and in conformance with applicable federal, state, and regional stan-
dards." No definition of "toxic" is provided.
The Order also requires approved disposal for the containers in which
chemical drilling mud additives are received. These, too, would qualify as
hazardous wastes according to most definitions because of the chemical residue
remaining in the can.
GRO Order No. 4 further requires that drill cuttings, sand, precipitates,
and other solids be disposed of as directed by the Supervisor, either on-site
or in approved off-site locations. EPA has issued guidelines for the land
disposal of solid wastes other than hazardous wastes (Part 241, Title 40 CFR)
which appear to apply. The guidelines specify that where non-federally
generated solid waste is disposed of on federal land, the disposal sites must
be in compliance with the guidelines. It is assumed that although leased for
private pursuits, the acreage involved is federal land. In addition, the
BLM/USGS regulations for geothermal leasing limits the amount of land surface
a lessee may utilize for geothermal production and use to the minimum needed
for such purposes. Thus, a waste disposal site might of necessity occupy
other federal land, if permitted.
The guidelines are intended to provide for environmentally acceptable
land disposal site operations. They do not establish new standards but set
forth the requirements and recommended procedures to ensure that the design,
construction, and operation of existing and future land disposal sites meet
the health and environmental standards for the area in which they are located.
The requirements are minimum levels of performance, and the recommended pro-
cedures suggest preferred methods by which the objectives of the requirements
can be met.
The recommended procedures of the guidelines are based on sanitary land-
filling. If other techniques are employed, the operator of a disposal facili-
ty would be obliged to demonstrate in advance through engineering calculations
and other data that the techniques would meet the requirements.
The guidelines for design, construction, and operation for the most part
probably represent what today would be considered normal disposal practice
for innocuous waste materials by many large industrial operators. However,
they do call for leachate collection and treatment systems where necessary to
protect ground and surface water, and adequate diversion and control of sur-
face water.
OCEAN DISPOSAL
Ocean dumping could be an attractive means of disposing of brines or
other wastes generated by some contemplated future uses of geothermal resour-
ces. The geographic location of many geothermal fields near the ocean, or
possibly under it, suggests that the ability to use this as an environmentally
acceptable disposal method for some wastes could impact very favorably on
achieving an operating permit.
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Ocean "dumping," as such, will be regulated under Parts 220-229 Title
40 CFR pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972
(P.L. 92-532) and the Federal Water Pollution Control Act. The former imple-
ments the U.S. commitment made by ratification of the "Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter."
In the most recent revision of the proposed ocean dumping regulations
(Federal Register, June 28, 1976), all mention of ocean outfalls is eliminated,
and the regulations now apply only to dumping accomplished by vessel trans-
port, a practice not envisioned for the geothermal industry for the foresee-
able future.
However, it is noted in the Federal Register discussion that separate
regulations covering ocean outfalls are in preparation. If these become
available before Phase II of this study is complete, their potential effect
on coastal geothermal operations will be evaluated in the Phase II report.
CONTROL OF NOISE
The Noise Control Act of 1972 (86 Stat. 1234) vested the primary control
of noise with state and local governments, but retained federal regulatory
authority over the production of four categories of low noise level products.
These are: construction equipment, transportation equipment, any motor or
engine (including any equipment of which an engine or motor is an integral
part), and electrical or electronic equipment.
With the exception of aircraft, state and local jurisdictions may adopt
and enforce time-of-sale and in-use noise regulations for new products which
are not yet subject to federal regulation. Once a class of new products is
regulated by EPA, however, state and local noise emission regulations for the
same product must be identical to the EPA requirements.
Noise standards may also be promulgated by other federal agencies in
consultation with EPA. The Geological Survey has, in fact, included noise
standards in GRO Order No. 4, identified and discussed in Section IV, which
apply to noise levels of geothermal operations on federal leases. These
limit noise levels to 65 dB(A) at a distance of 660 feet. Table III-l shows
that if The Geysers operations producing the sound levels indicated were lo-
cated on a federal lease, virtually all of them would exceed the standards.
The lower portion of the table provides the noise levels of more familiar
activities for comparison.
Specific noise requirements of several states are presented in Section V
and county standards in Section VI. Regardless of the entity promulgating
standards, enforcement is exceedingly difficult because of the lack of
trained personnel to interpret subjective-type standards, in some cases, and
the lack of equipment needed to ascertain a violation.
EROSION/SEDIMENTATION CONTROL
The Water Pollution Control Act does not specifically give EPA authority
to promulgate regulations on non-point sources such as runoff from construc-
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TABLE III-l. COMPARISON OF NOISE LEVELS BETWEEN THE GEYSERS
GEOTHERMAL AREA AND OTHER NOISE SOURCES[9]
SOURCE
The Geysers area
Drilling operation (air)
Drilling operation (air)
Muffled testing well
Muffled testing well
Steam line vent
Steam line vent
Comparative levels
Jet aircraft takeoff
Threshold of pain
Unmuffled diesel truck
Street corner in a large city
Residential area at night
LEVEL
126 dB(A)
55 dB(A)
100 dB(A)
65 dB(A)
100 dB(A)
90 dB(A)
125 dB(A)
120 dB(A)
100 dB(A)
75 dB(A)
40 dB(A)
DISTANCE
25 feet
1500 feet
25 feet
1500 feet
50 feet
250 feet
200 feet
50 feet
dB(A) decibel value measured using the A weighting network of a
standardized sound level meter.
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tion. The only reference to such sources In the "Standards and Enforcement"
title of the Act required the Administrator to publish guidelines related to
the quantity and nature of such runoff and methods to control it. The other
reference in the Act is that areawide waste treatment management plans
(Section 208) must include a process to identify construction-related.sources
of pollution and procedures (including land use requirements) to control
associated erosion.
Hawaii is the only one of the 15 states surveyed in this study which has
enacted an erosion/sedimentation control statute. This type of legislation
is rather recent, but there is sufficient interest both within EPA and the
Soil Conservation Service to promote additional statutes in the near future.
The difficulty in this area is establishing any meaningful numerical or
otherwise measurable standards which can be enforced. It is not anticipated,
however, that requirements of the types adopted up to now in other juris-
dictions to control erosion would have any particular inhibiting influence on
geothermal development.
CONTROL OF SUBSIDENCE
The few attempts to regulate subsidence are divided between surveillance
measures and "after-the-fact" requirements. The surveillance measures in-
clude the survey, benchmark, and monitoring requirements of the federal geo-
thermal regulations and GRO Order No. 4, a county Subsidence Detection Program
in California which requires the installation of benchmarks, and a more
detailed county subsidence and earth movement study, also in California. The
regulatory requirements after subsidence has occurred or is about to occur
are total or partial termination of operations. Wyoming has spelled out this
procedure in more detail than others, and this section of its geothermal
resources lease form is shown in Appendix I.
CONTROL OF RADIATION
It is not anticipated that geothermal wastes containing radon or other
naturally-occurring radioactive substances in small quantities will be subject
to state radiation regulations which are designed for the control of radio-
active materials under the primary jurisdiction of the federal Nuclear
Regulatory Commission (NRC), successor to the Atomic Energy Commission. These
materials are defined as follows:
Byproduct material: Radioactive material yielded in
or made radioactive by exposure to the radiation inci-
dent to the process of producing or utilizing special
nuclear material.
Source material: Uranium, thorium, or any other material
which the NRC declares to be source materials.
Special nuclear materials: Plutonium, uranium 233, uranium
enriched in the isotope 233 or in the isotope 235, and any
other material declared by NRC to be special nuclear material.
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The definitions of byproduct material and special nuclear materials
appear to exclude geothermal resources altogether and no chemical analyses of
geothermal fields in this country examined during this study have identified
uranium or thorium as a constituent. In addition, source material below a
specified concentration is usually exempt from the scope of the regulations
— for example, the Nevada Rules and Regulations for Radiation Control exempt
any solution in which the source material is by weight less than 0.05 percent
of the solution. The status of state radiation regulation vis-a-vis NRC
authority is a cloudy area beyond the scope of this study in any event.
EPA itself was recently precluded by the Supreme Court from promulgating
effluent standards for any of these three classes of radioactive materials.
The Court upheld the regulatory authority of the NRC. However, some state
water quality standards for radioactive substances may apply, as discussed
in Section V.
Thus, it is recommended that any person evaluating the legal requirements
attendant to geothermal development in a given area check with the appropriate
state agency or agencies and EPA regional offices to determine the application
of existing radiation controls to his proposed activity. In order to facili-
tate this determination, cognizant state agencies are identified in Section V.
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SECTION IV
ENVIRONMENTAL ASPECTS OF THE FEDERAL GEOTHERMAL
LEASING AND DEVELOPMENT PROGRAM
Federal leasing and regulatory authority in geothermal exploration,
development, and operation rests primarily in the Geothermal Steam Act of 1970
(84 Stat. Sections 1566-1574, 30 USC Sections 1001-1025). The Department of
the Interior was given overall responsibility to allow mineral exploration and
development while assuring rehabilitation of disturbed lands; protection of
public health and safety; and full compliance with the spirit and objectives
of the National Environmental Policy Act of 1969, other federal environmental
legislation, and supporting executive orders and regulations.
Delegation of the authority conferred on the Secretary of the Interior by
the Act is two-pronged. The Bureau of Land Management (BLM) is responsible
for the leasing of the geothermal lands and the Geological Survey is charged
with regulating operations on the leased lands. Additionally, USGS assesses
the nature of the resource and classifies lands as known geothermal resource
areas (KGRA's).
BLM is the primary contractor with USGS as a third party who has the
conditional power to modify the lease. USGS also has the power to suspend
operations and recommend termination of the lease. In other words, USGS
controls the technical aspects of geothermal leasing; BLM controls the adminis-
trative aspects of the lease. The Geological Survey's implementation of the
Act is spelled out in 30 CFR Parts 270 and 271; BLM's regulations are con-
tained in 43 CFR Parts 3000 and 3200. Many provisions are identical or
nearly so and are addressed only once in this discussion.
ENVIRONMENTAL IMPACT EVALUATION
The regulations require evaluation of the environmental impact of geo-
thermal operations on an area — the federal lands and adjacent non-federal
lands — when a parcel of land is initially considered for leasing or "when
the need arises." This function is performed by the BLM and the document
produced is called an environmental assessment report (EAR). If BLM deter-
mines that development of a lease would constitute "a major federal action
significantly affecting the quality of the human environment," the Bureau is
required by the National Environmental Policy Act to prepare, before leases
are issued, a formal environmental impact statement (EIS) subject to public
review. Subsequent to issuance of a lease, the Geological Survey prepares an
environmental analysis (EA) of the impact of the plan of operation itself —
i.e., a specific action. The necessity for an EIS may also be indicated at
this point.
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A generic environmental impact statement was prepared by the Department
of the Interior in 1973 which assessed the social, economic, and environmental
effects of the whole geothermal leasing program. It is hoped that because of
the availability of this voluminous document (8) and the wealth of applicable
information it contains, that full-blown environmental impact statements on
specific land parcels will be held to a minimum, perhaps two to three percent.
The EAR's and EA's might be considered "mini" EIS's and their cost in terms
of manpower is considerably less than the $0.5 million estimate for a full
EIS. In addition, the time required for an EIS could range up to two years
based on experience gained from the preparation of such statements prepared
in connection with other leasing programs.
Under 40 CFR Part 3200.0-6(b) the head of the agency charged with the
administration of the surface of the land to be leased may elect to conduct
the environmental impact evaluation. For example, this would apply to forest
lands since the Forest Service is a surface management agency.
The kinds of information which must be developed in the various environ-
mental impact evaluations are very similar to the data required for EIS's for
other purposes. Those relating to NPDES permits are shown in Appendix F.
ENVIRONMENTAL PROVISIONS OF LEASES
In accord with a Memorandum of Understanding among the BLM, USGS, and
the Fish and Wildlife Service, an internal document, the Bureau of Land
Management, in cooperation with the Geological Survey, formulates the general
requirements of geothermal leases and issues special stipulations, as neces-
sary, which often are concerned with environmental protection. The BLM is
responsible for monitoring for compliance with environmental protection re-
quirements outside the operating area and the USGS examines operations to
insure compliance. This function is carried out by the USGS Supervisor whose
duties are established by the regulations. He is a representative of the
Secretary subject to the direction and supervisory authority of the USGS. He
also issues orders to operators for remedial action.
The broad requirement for compliance with all applicable federal, state,
and local environmental standards in the geothermal regulations is discussed
above in Section II. However, in addition to any action required by the
standards, the lessee is ordered by the BLM regulations to take the following
specific actions:
1. Pesticides and herbicides. The lessee shall comply with all rules
issued by the Department of the Interior and the Environmental Protection
Agency pertaining to the use of poisonous substances on public lands.
2. Water pollution. The lessee shall conduct lease operations and
maintenance in accordance with federal and state water quality standards and
public health and safety standards, and applicable local water quality stan-
dards and public health and safety standards. Toxic materials shall not be
released into any surface waters or underground waters. Reinjection of waste
geothermal fluids into geothermal or other suitable aquifers is to be managed
in accord with the lessee's plan of operation.
48
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3. Air pollution. The lessee shall control emissions from operations
in accordance with federal and state air quality standards and applicable
local air quality standards.
4. Erosion control. The lessee shall minimize disturbance to vegeta-
tion, drainage channels, and stream banks. The lessee shall employ such soil
and resource conservation and protective measures on the leased lands as the
Supervisor deems necessary.
5. Noise control. The lessee shall control noise emissions from opera-
tions in accordance with federal and state noise emission standards and appli-
cable local noise emission standards.
6. Sanitation and waste disposal. The lessee shall remove or dispose
of all waste material generated in connection with the exploration, develop-
ment, production, and transportation operations in a manner set forth in the
approved plan of operation.
7. Land subsidence, seismic activity. The lessee shall take precau-
tions necessary to minimize land subsidence or seismic activity which could
result from production of geothermal resources and the disposal of waste
fluid where such activity could damage or curtail the use of the geothermal
resources or other resources, or other uses of the land and take such measures
as stipulated to: (1) monitor operations for land subsidence and for seismic
activity; and (2) maintain and, when requested, make available to the lessor,
records of all monitoring activities.
8. Aesthetics. The lessee shall take aesthetics into account in the
planning, design, and construction of facilities on the leased premises.
9. Fish and Wildlife. The lessee shall employ such measures as are
deemed necessary to protect fish and wildlife and their habitat.
10. Antiquities and historical sites. The lessee shall conduct activi-
ties on discovered, known or suspected archaeological, paleontological, or
historical sites in accordance with lease terms or specific instructions.
11. Restoration. The lessee shall provide for the restoration of all
disturbed lands in an approved manner.
The USGS regulations do not reference local environmental control re-
quirements as the BLM document does. Because of this distinction, a lessee
may be confronted with a situation in which the stipulations to his lease
reference and incorporate applicable local standards which are preempted by
omission in the USGS operating regulations. In addition, although the
Supervisor is authorized to issue more stringent standards than the existing
ones, it is not inconceivable that the lease may contain more restrictive
stipulations than the Supervisor's order. GRO Orders, defined and described
below, offer a vehicle for minimizing potential problems generated by the
minor differences between the BLM leases and USGS operating requirements. In
addition USGS has the authority to insert site-specific special post-lease
conditions into the lease.
49
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The plan of operation, which must be approved by both USGS and BLM,
requires, among other things, a detailed presentation of the layout of opera-
tions and narrative descriptions of proposed measures to be taken to implement
the above list of environmental actions. In addition, the position of mud
tanks, reserve pits, cooling towers, pipe racks, etc., are prescribed. These
separately relate to water and air pollution control and noise abatement.
Monitoring is required for one year prior to production to develop baseline
data on existing air and water quality, noise, seismic and land subsidence
activities, and ecological systems of the leased land (30 CFR, Section 270.34
00).
A sample BLM geothermal resources lease is shown in Appendix F. It will
be seen that the lease does not specifically incorporate the compliance lan-
guage of the regulations, although Section 14 could hardly be more specific
in requiring protection of the environment in that all mitigating actions
required by BLM shall be taken to prevent all of the types of environmental
degradation enumerated above. The stringency of this section of the lease is
subject only to the discretion of BLM in stipulating the required mitigating
actions. The BLM notice of intent to conduct geothermal exploration opera-
tions (shown in Appendix G) does not contain, in Condition 1, the compliance
language of the regulations.
Both the BLM and USGS regulations require lessees to submit annual re-
ports on measures taken to comply with environmental requirements. USGS is
closely supervising The Geysers and Imperial Valley operations, but this type
of scrutiny may not be maintainable as geothermal leases increase both in
acreage and numbers of lessees involved.
Lessees are also required to report within 24 hours occurrences of sig-
nificant environmental damage or noncompliance with standards. The definition
of "significant" is unclear, but failure to report could result in suspension
or termination of the lease. On the other hand, the Supervisor is authorized,
whether the report is made or not, to shut down any operations he determines
are causing or can cause pollution, a feature of concern to geothermal opera-
tors. Except in extreme cases, the limitations are interpreted to give the
operator a chance to remedy the problems.
BLM, much more than USGS, is highly concerned with the protection of
historic or scientific values. The lease requires notification of all his-
toric or prehistoric ruins, fossils, or artifacts discovered and specifies
that they shall be left intact. Prior to commencing operations, the lessee
must furnish a certified statement that archaeological values do not exist or
that they may exist where land is to be disturbed. In the latter case, he
must engage a qualified archaeologist to survey and salvage such values before
operations may begin. Failure to comply may constitute a violation of the
Antiquities Act (16 USC 431-433).
The degree of this interest is best illustrated by a recent occurrence
which a BLM spokesman states is not apocryphal. The return of rocks removed
from a lease site for testing was required because they formed part of the
surroundings of a no longer active house of pleasure, patronized in earlier
days by cowboys, which is now subject to potential entry on the list of
50
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national historic sites.
GEOTHERMAL RESOURCES OPERATIONS ORDERS
Geothermal resources operations orders are formal orders issued by USGS
to supplement the general regulations found in 30 CFR 270 by detailing the
procedures operations must follow in a given area or region. The purpose of
this arrangement is to allow consideration of more area-specific operating
and environmental conditions.
The USGS has issued seven GRO's. They are:
0 GRO Order No. 1 - Exploratory Operations
0 GRO Order No. 2 - Drilling, Completion, and Spacing of
Geothermal Wells
0 GRO Order No. 3 - Plugging and Abandonment of Wells
0 GRO Order No. 4 - General Environmental Protection
Requirements
0 GRO Order No. 5 - Reports and Forms
0 GRO Order No. 6 - Pipelines and Surface Production Facilities
0 GRO Order No. 7 - Production and Royalty Measurement,
Equipment and Testing Procedures
While appropriate environmental protection and reclamation measures are
generally required by the GRO's, it is, as indicated above, GRO Order No. 4,
promulgated on August 15, 1975, which mandates environmental protection for
all stages of exploration and development in federal geothermal resources
lands located in the USGS central and western regions.
Generally speaking, regardless of its stated purpose, some of the pro-
visions of GRO Order No. 4 which are incorporated by reference into BLM
leases are weaker and more ambiguous than the language of the regulations
or the lease. Its overall effect will probably be determined largely by the
seriousness with which lessees accept the order and how strenuously the Super-
visor enforces it.
Relevant federal and state environmental standards are usually made
applicable along with existing technology, but local and/or regional standards
apply only in certain instances. Exceptions to compliance with any of the
standards can be granted by the Supervisor on a case-by-case basis. Con-
versely, he may establish more stringent standards by field-order, usually
in the form of special stipulations.
The lessee's overall general responsibility to protect the environment
is to:
51
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1. Provide maximum protection to the environment during exploration
and development operations;
2. Rehabilitate impacted areas;
3. Protect by all necessary means the public health and safety;
4. Conduct operations in compliance with all applicable federal laws
and executive orders.
Monitoring of "readily identifiable localized environmental impacts"
caused by the activities specifically under the lessee's control shall be
conducted by the lessee. Frequency of such monitoring activity will be de-
cided by the Supervisor who will consider each site's conditions in estab-
lishing the monitoring rates. As described above, a year of baseline data on
air, water quality, noise, seismic and land subsidence activities, and eco-
logical systems must be generated before production goes on stream.
The following impacts,and accompanying requirements are set out in the
Order as being "protectable:"
0 Aesthetics. Visual impact, where feasible, shall be minimized by
careful site selection. The facilities should be constructed so as to blend
with their natural surroundings.
0 Land Use and Reclamation. Essentially, USGS requires that geothermal
operations disturb land, water, and vegetation as little as possible. Opera-
tions and reclamation procedures are subject to approval by the Supervisor
and the surface management agency involved (BLM, Forest Service). Since
multiple use of the leased land is allowed, geothermal operations are not to
interfere unreasonably with other authorized uses. Entry to fragile areas
must be controlled by limited access routes or by use of special vehicles.
0 Public Access. Such access is to be unrestrained except when cir-
cumstances mandate controlled access to:
0 protect public health and safety;
0 prevent undue interference with operations or security;
0 protect the public, wildlife, and livestock from hazardous
geothermal activity.
0 Recreation. Areas designed for recreation near geothermal areas are
to be "adequately protected" from degradation. Development sites are to be
located 61 m (188 ft.) from established recreation sites and accompanying
access routes. The Supervisor, however, may allow the lessee to relocate
the recreation site if the surface management agency agrees to the change.
0 Slope Stability and Erosion Control. Mitigating measures for soil and
natural resource protection are required to prevent sedimentation from
52
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occurring in waterways.
Biota. Mitigation measures required to protect endangered or threat-
ened flora and fauna may exceed those required by the lease. Under the
Endangered Species Act, reclamation and restocking of destroyed flora and
fauna by the lessee is required if the area will not naturally recover.
Cultural Resources Protection. The lessee may not disturb "any
known cemetery or burial ground of any group or culture." Preservation of
historic sites shall be in accordance with Executive Order 11593 ("Protection
and Enhancement of the Cultural Environment") and conducted with the lessee's
"due diligence." Caution must be exercised by BLM/USGS and the applicant so
as to protect historically-important areas. Even if historic properties are
not listed in the Historic Register, local public interest might necessitate
mitigating measures by a lessee in order to offset adverse public opinion.
0 Subsidence and Seismicity. Land subsidence shall be prevented by
surveys and by adequate record-keeping of operations. If the Supervisor finds
that subsidence is potentially significant or that it has occurred, then he
may reduce or terminate operations or require seismograph monitoring equip-
ment. Surveys shall be conducted in accordance with county/state requirements,
and bench marks shall be established before "prolonged" production begins.
0 Pollution and Waste Disposal. All federal and state standards with
respect to air, land, water, and noise pollution must be complied with by the
lessee. Additionally, erosion control and any waste disposal shall be con-
ducted in compliance with such laws. This section is divided into various
categories, with emphasis placed on control of water pollution. Requirements
set out for various forms of pollution are:
0 Natural water shall not be contaminated by the lessee.
The rest of the environment shall be only minimally affected.
0 If disposal of harmful liquids (including toxic and heated
substances) cannot meet the standards, the liquids are to be
injected back into a geothermal well or any other formation
approved by the Supervisor.
0 The Supervisor's approval is necessary for disposal of solid
wastes at approved sites.
0 Federal, state, or regional air pollution standards are the
criteria for air emissions and the lessee must obtain any
necessary permits for air emissions from the appropriate air
pollution control agency. This permit plus required reports
must be submitted to the Supervisor.
0 No water pollution is permitted to occur by reason of pits
and sumps. The lessee has to reasonably restore the aesthetic
and natural resource values of the area when the use of pits
and sumps ceases.
53
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0 The lessee is required to train operating personnel in pollu-
tion prevention methods.
0 In addition to the above requirements, noise levels may not exceed
65 dB(A) unless all residents located within .8 km (0.5 mi) of the operation
agree to an increased level or an emergency arises. The ambient noise level
used for ranking the permissibility of additional noise is "the minimum sound
level at the relevant place and time in the absence of the source noise and
shall include consideration for the type of land use, and the season, atmos-
pheric conditions, and the time of day." Noise parameters can be established
by the Supervisor, after assessment, in accordance with federal or state
criteria with adjustments for specific site conditions.
Noise levels are to be measured at .8 km (0.5 mi) from the source or at
the lease boundary line, whichever is greater. Noise meters shall be those
that meet U.S. Standard Specifications. Measurements shall be made at least
three meters (9.84 ft) from a structure and one meter (3.28 ft) above ground
level. Site variables, such as weather conditions, are to be taken into
consideration. Monitoring frequency shall be determined by the Supervisor.
54
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SECTION V
STATE STATUTES/REGULATIONS APPLICABLE
TO GEOTHERMAL DEVELOPMENT
This section consists almost entirely of summaries of state legislation
and regulations which may bear upon geothermal development. These documents
include those which relate directly to geothermal development and others
which represent the state's overall efforts to control air and water pollution
and noise emissions, to regulate the disposal of solid wastes, and to require
assessment of the environmental impact of activities within the state.
There are perhaps several alternative formats which could be used for
presenting the summaries. It was decided, however, that the ability to com-
pare the approach of the states in a given area of control is enhanced by
grouping the summaries for all states according to subject matter — i.e.,
air pollution, water quality, etc. — rather than placing the summaries of
all of a state's documents under one state listing.
It will be noted that while some of the provisions of the geothermal
regulations are reasonably specific in terms of drilling and abandonment
practices, for example, they do not generally set "standards," as such. A
study of the summaries of air and water pollution control regulations also
discloses that very few of the potential pollution parameters of geothermal
wastes are covered by existing numerical standards in these documents.
The latter point is illustrated, for example, by the fact that the
predominance of states have promulgated emission standards for only the six
air contaminants for which EPA has set ambient air quality standards: sulfur
dioxide, particulates, hydrocarbons (excluding methane), carbon monoxide,
photochemical oxidants, and nitrogen oxides. None of the gases in this list
are found in the various published lists of gases typically associated with
geothermal resources, although there are literature references to the presence
of sulfur dioxide, both in this country and New Zealand [9, 10]. It is also
understood that through reaction which occurs in the power plant operations,
small amounts of S02 are generated from hydrogen sulfide at The Geysers. Even
if both of these occurrences were found to be universally true, S02 emissions
are not likely to reach the concentration levels which would justify the im-
portance in geothermal development which the summaries set out below attach
to this pollutant. The emphasis given to it is there only because of the
emphasis in the regulations and not because of a judgment of its relative
significance.
It is doubtful that the hydrocarbon standards which exclude methane, and
those for carbon monoxide and oxides of nitrogen, will exert any effect on
55
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geothermal activities, but they are included in this report as examples of
existing standards. Photochemical oxidant standards are omitted since it is
not expected that geothermal production or use will emit the pollutants
necessary to form this class of second generation pollutants.
The regulation summaries also raise the issue of whether some types of
current standards designed for other purposes can be applied to geothermal
processes. The control of particulates illustrates this potential problem.
The most popular particulate emission standard in the geothermal states is a
case in point. In this standard, allowable particulate emissions are calcu-
lated on the basis of process weight per hour. Process weight can conceivably
be interpreted to mean the water or steam input into a geothermally operated
electric generating plant, for example, although enforcement probably would
be difficult. Some of the standards exclude liquid or gaseous fuels from the
weight calculation; Wyoming has carried this one step further and expressly
excludes all water and steam. This language was obviously not designed with
geothermal operations in mind. Another peculiarity is Utah's exemption from
pre-construction requirements of exhaust systems for controlling steam and
heat which do not contain combustion products. If interpreted literally, this
would mean that steam could be vented which contains no fuels but which con-
tains pollutants.
Odor will also be a troublesome parameter for the control agency and
geothermal operators alike where it is a characteristic of a given resource.
Many odor regulations do not define it and only embrace some very non-specific
language about its control. Others simply prohibit odor without offering
alternatives — a virtually impossible type of regulation to enforce — and
others have undertaken to be so specific that they will be equally difficult
of compliance. Montana, for example, provides that any operation which
discharges odorous materials — vapors, gases, dusts, or combinations thereof
— must install odor control devices or procedures specified by the state
control agency. It is further required that such odorous materials be con-
fined at the point of origin and treated before discharge. If odorous matter
escapes and creates a public nuisance, the agency may order that a building
or buildings where the odors originate be tightly closed and ventilated in
such a way that all air, gases, and gasborne materials leaving the building
are treated by incineration or other effective means.
GEOTHERMAL RESOURCE STATUTES/REGULATIONS
The statutes enacted or regulations promulgated for the express purpose
of guiding the development of geothermal resources of 15 states are listed
by title in Table V-l. These states are Alaska, Arizor.a, California, Colorado,
Hawaii, Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon, Texas, Utah,
Washington, and Wyoming. Their agencies which adopt and administer the
regulations are identified in Table V-2.
Portions of some of the statutes and regulations which are germane to
environmental control are summarized below. Other documents were omitted
because either they are so general in nature they would add little to this
discussion or they do not involve environmental considerations.
56
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TABLE V-l. STATE STATUTES AND REGULATIONS
Geothermal
State
Alaska
Statute
Title 38, Alaska Statutes, Public
Lands
Arizona
California
Colorado
Hawaii
Geothermal Resources Act, ARS Title
27, Chapter 4, Article 4
Geothermal Resources Act of 1967,
Public Resources Code, Division 6,
Part 2, Chapter 3, Article 5.5
California Laws for Conservation of
Geothermal Resources
Article 10, Section 1, Chapter 100,
Colorado Revised Statutes 1973,
Geothermal Resources Act of 1974
Section 182-1, Hawaii Revised -
Statutues, Relating to Reservation
and Disposition of Government
Mineral Rights
Regulation
Chapter 84, Title 11, Alaska Administrative
Code, Other Leasable Minerals
Chapter 82, Title 11, Alaska Administrative
Code, Mineral Leasing Procedure
Geothermal Resources Rules and
Regulations
Leases and Prospecting Permits for
Geothermal Resources, California
Administrative Code, Title 2, Division 3,
Register 70
General Rules and Regulations with Respect
to the Conservation of Geothermal
Resources in the State of Colorado, and
Rules of Practice and Procedure Pertaining
Thereto
Chapter 182, Reservation and Disposition
of Government Mineral Rights
Continued
-------
Table V-l (Continued)
State
Idaho
Louisiana
Cn
oo
Montana
Statute
Section 42-4001, Idaho Code
Geothermal and Geopressure Energy
Research and Development Act,
Chapter 7, Part VI, Title 30,
Louisiana Revised Statutes of 1950,
as amended
Act 134 of the Regular Session, 1976
(Geothermal Energy Resources, to
Provide for Regulation of Exploration,
Drilling, Production and Subsurface
Disposal; to Provide for Conservation
and Environmental Protection; to
Provide for Leasing Procedures and
Terms, Rentals and Royalties on State-
Owned Lands; to Provide for Regulatory
Control by the State Mineral Board
and the Department of Conservation;
to Provide for Records and Funds; to
Preserve Rights; and to Provide for
Related Matters)
An Act to Empower the Board of Land
Commissioners to Lease Geothermal
Resources on State Lands, Chapter 26,
R.C.M. - Lease of Geothermal Resources
Regulation
Rules and Regulations and Minimum Well
Construction Standards for Drilling for
Geothermal Resources
Order No, 29-B, Statewide Order Governing
the Drilling for and Producing of Oil and
Gas in Louisiana
Geothermal Rules and Regulations, MAC
Not. No. 26-2-6
Continued
-------
Table V-l (Continued)
en
State
Montana
(continued)
Nevada
New Mexico
Oregon
Texas
Utah
Washington
Wyoming
Statute
Montana Utility Siting Act of 1973,
Title 70, Chapter 8, R.C.M. 1947, as
amended
An Act Relating to Geothermal
Resources, Title 48 NRS
Geothermal Resources Conservation Act,
Chapter 272, Laws of 1975
1971 Geothermal Resources Act, ORS
Chapters 183 and 522
Geothermal Resources Act of 1975,
Tex. Rev. Civ. Stat. Ann. Act 5421S
Regulation
Geothermal Investigation Reports, MAC
36-14.11
No regulations
State of New Mexico Oil Conservation
Commission Rules and Regulations
Geothermal Resources
Geothermal Regulations, Chapter 632,
Division 2, Oregon Administrative
Rules Compilation
Railroad Commission Rules and Regulations
Pertaining to Geological and Geophysical
Exploration and Surveys
Rules and Regulations Governing the
Issuance of Mineral Leases
Geothermal Resources Act, Title 79, RCW No regulations
No statute
Rules and Regulations Governing the
Issuance of Geothermal Resource Permits
and Leases
-------
TABLE V-2. STATE AGENCIES WHICH PROMULGATE AND ADMINISTER REGULATIONS
AFFECTING GEOTHERMAL PRODUCTION AND USE
as
o
State
ALASKA
Geothermal
Water
Air
Noise
Solid Waste
Radiation
ARIZONA
Geothermal
Water
Air
Noise
Solid Waste
CALIFORNIA
Geothermal
Water
Air
Noise
Promulgating Agency
Department of Natural Resources
Department of Environmental Conservation
Department of Environmental Conservation
No regulations
Department of Environmental Conservation
Department of Health and Social Services
Administering Agency
Land Division, DNR
Department of Environmental Conservation
Department of Environmental Conservation
No regulations
Department of Environmental Conservation
Department of Health and Social Services
Oil & Gas Conservation Commission(drilling)0il & Gas Conservation Commission(drilling)
Secretary of State (leasing)
Department of Health Services
Department of Health Services
No regulations
Department of Health Services
Atomic Energy Commission
Department of Health Services
Department of Health Services
No regulations
Department of Health Services
Atomic Energy Commission
Department of Conservation5'5. Division of
Oil and Gas
Lands Commission*(leasing)
State Water Resources Control Board*
and Regional Water Quality Control Boards
State Air Resources Board* and Air
Pollution Control Districts
Department of Health, Office of Noise
Control
Department of Conservation*, Division of
Oil and Gas
Lands Commission*(leasing)
State Water Resources Control Board*
and Regional Water Quality Control Boards
State Air Resources Board* and Air
Pollution Control Districts
Department of Health, Office of Noise
Control
Solid Waste Solid Waste Management Board*
Radiation Resources Agency
*A11 of these agencies are within the Resources Agency of California.
Solid Waste Management Board* and
Department of Health
Resources Agency
Continued
-------
TABLE V-2 (Continued)
State Promulgating Agency
COLORADO
Geothermal
Water
Air
Noise
Solid Waste
Radiation
HAWAII
Geothermal
Water
Air
Noise
Solid Waste
Radiation
Department of Natural Resources(leasing)
Oil and Gas Conservation Commission
(conservation)
Water Quality Control Commission,
Department of Health
Air Pollution Control Commission
No regulations
Department of Health
Department of Health
Department of Land and Natural Resources
Department of Health
Department of Health
Department of Health
Department of Health
Department of Health
Administering Agency
Department of Natural Resources(leasing)
Oil and Gas Conservation Commission
(conservation)
Water Quality Control Commission,
Department of Health
Division of Air Pollution Control,
Department of Health
No regulations
Department of Health
Department of Health
Department of Land and Natural Resources
Department of Health
Department of Health
Department of Health
Department of Health
Department of Health
IDAHO
Geothermal
Water
Air
Noise
Solid Waste
Radiation
LOUISIANA
Geothermal
Department of Water Resources
Board of Land Commissioners (leasing)
Board of Environmental and Community
Services
Board of Health and Welfare
No regulations
Board of Health and Welfare
Board of Health and Welfare
Mineral Board (leasing)
Department of Conservation (R&D)
Department of Water Resources
Department of Environmental and
Community Services
Department of Health and Welfare
No regulations
Department of Health and Welfare
Department of Health and Welfare
Mineral Board (leasing)
Department of Conservation (R&D)
Continued
-------
TABLE V-2 (Continued)
State. Promulgating Agency
Louisiana Cont'd.
05
Water
Air
Noise
Solid Waste
Radiation
MONTANA
Geothermal
Water
Air
Noise
Solid Waste
Radiation
NEVADA
Geothermal
Water
Air
Noise
Solid Waste
Radiation
Stream Control Commission
Air Control Commission
No regulations
Health and Human Resources Administration
Division of Radiation Control (regula-
tions approved by Board of Nuclear Energy)
Board of Natural Resources and
Conservation
Board of Health and Environmental
Sciences
Board of Health and Environmental
Sciences
Board of Health and Environmental
Sciences
Division of Environmental Sanitation,
Department of Health
Board of Health and Environmental
Sciences
State Engineer
Environmental Commission
Environmental Commission
Environmental Commission
Board of Health
Board of Health
Administering Agency
Division of Water Pollution Control,
Wildlife and Fisheries Commission
Health and Human Resources Administration
No regulations
Health and Human Resources Administration
Division of Radiation Control
Board of Natural Resources and
Conservation
Department of Health and
Environmental Sciences
Department of Health and
Environmental Sciences
Department of Health and
Environmental Sciences
Division of Environmental Sanitation,
Department of Health
Department of Health and
Environmental Sciences
Department of Conservation and
Natural Resources
Department of Human Resources
Department of Human Resources
Department of Human Resources
Solid Waste Office, Bureau of
Environmental Health
Consumer Health Protection Service
Continued
-------
TABLE V-2 (Continued)
O5
CO
State
NEW MEXICO
Geothermal
Water
Air
Noise
Solid Waste
Radiation
OREGON
Geothermal
Water
Air
Noise
Solid Waste
Radiation
TEXAS
Geothermal
Water
Air
Noise
Solid Waste
Radiation
UTAH
Geothermal
Water
Air
Promulgating Agency
Oil Conservation Commission
Environmental Improvement Board
Environmental Improvement Board
Environmental Improvement Board
Environmental Improvement Board
Environmental Improvement Board
Administering Agency
Oil Conservation Commission
Environmental
Environmental
Environmental
Environmental
Environmental
Improvement Agency
Improvement Board
Improvement Board
Improvement Board
Improvement Board
Department of
tries
Environmental
Environmental
Environmental
Environmental
Environmental
Geology and Mineral Indus- State Geologist
Quality Commission
Quality Commission
Quality Commission
Quality Commission
Quality Commission
Department of Environmental
Department of Environmental
Department of Environmental
Department of Environmental
Department of Environmental
Quality
Quality
Quality
Quality
Quality
Railroad Commission (regulatory)
General Land Office (leasing)
Water Quality Board
Air Control Board
No regulations
Department of Health Resources
Department of Health Resources
State Land Board
Board of Health and Water Pollution
Control Committee
Board of Health and Air Conservation
Committee
Railroad Commission (regulatory)
General Land Office (leasing)
Water Quality Board
Air Control Board
No regulations
Department of Health Resources
Department of Health Resources
Department of Natural Resources,
Division of State Lands
Office of State Engineer, Division
of Water Rights
Department of Social Services
Department of Social Services
Continued
-------
TABLE V-2 (Continued)
State Promulgating Agency
Utah Cont'd.
Noise
Solid Waste
Radiation
No statute
Board of Health and Water Pollution
Committee
Department of Social Services
Administering Agency
No regulations
Department of Social Services
No regulations
WASHINGTON
Geothermal
Water
Air
Noise
Solid Waste
Radiation
WYOMING
Geothermal
Water
Air
Noise
Solid Waste
Radiation
Department of Natural Resources (in
some cases with concurrence of the
Department of Ecology)
Department of Ecology
Department of Ecology (and nine
local air pollution control agencies)
Department of Ecology
Department of Ecology (along with
local health departments)
Department of Ecology
State Board of Land Commissioners
Environmental Quality Council
Environmental Quality Council
No regulations
Environmental Quality Council
No regulations
Department of Natural Resources
Department of Ecology
Department of Ecology
Department of Ecology
Department of Ecology
Department of Ecology
State Board of Land Commissioners
Department of Environmental Quality
Department of Environmental Quality
No regulations
Department of Environmental Quality
No regulations
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In addition, repetition of very general provisions common to the docu-
ments summarized has been omitted for the sake of brevity. Mandatory compli-
ance by an operator with all applicable federal, state, and county laws and
right-of-entry authority for the environmental regulatory agency typify this
type of provision.
In general, the requirements for restoration of a completed or abandoned
well site have also been omitted. These most frequently require that the area
be returned to its original condition to the extent practicable. While this
may involve effort and expenditures which an operator would not undertake if
left to his own devices, it is sufficiently common to applicable regulations
that this practice is or probably will soon become a universally required
procedure. Past experience with strip mining has apparently led legislators
and regulatory agencies to attempt to avoid this type of environmental damage
at the outset.
Similarly, requirements for structures and landscaping harmonious with
the area are not repeated throughout the summaries. This, too, is generally
applied.
It is emphasized that the summaries do not represent the content of the
whole document and that provisions which duplicate the requirements of others
are not always repeated.
Alaska
Title 38 of the Alaska Statutes - Public Lands —
Rights to develop and utilize geothermal resources underlying lands
owned by the State of Alaska may be acquired solely under the provisions of
Sec. 38.05.181 of the Alaska Statutes. The right to prospect for geothermal
resources is acquired under a permit, and a lease entitles the lessee to
produce and utilize geothermal resources.
The more general provisions of Title 38 place the control and supervision
of state lands, including leasing for mineral development, in the Division of
Lands in the Department of Natural Resources. The Commissioner of the
Department is directed to supervise the administration of the Land Division
and to establish procedures and adopt rules and regulations necessary to carry
out the applicable statutory requirements of Title 38. The Director of the
Division is directed to implement the rules and regulations, to prescribe
leasing procedures and practices, and to lease lands under statutory condi-
tions and limitations.
In addition, the Director may, with the consent of the Commissioner, im-
pose additional conditions or limitations as he determines will best serve the
interest of the state. This is a very broad regulatory authority in terms of
the environmental requirements which could conceivably be applied. More spe-
cifically, Sec. 38.105.181, which relates only to geothermal resources, grants
the Commissioner and the Director all the powers necessary to carry out the
purposes of the section, and a liberal construction of the section to meet
its objectives is mandated. The purposes of the section include the authority
to enforce conservation practices and pollution control measures.
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Sec. 38.05.181 (p)(3) requires that geothermal wells be constructed in
accordance with methods approved by the Commissioner. The owner or operator
is to make every reasonable effort to:
1. Prevent damage to life, health, property, and natural resources.
2. Protect the geothermal deposits from damage or waste.
3. Shut out detrimental substances from underground and surface water
suitable for irrigation or domestic purposes.
4. Prevent the infiltration of detrimental substances into underground
and surface waters.
The Commissioner is authorized to require any monitoring or remedial work
necessary to ensure that these conditions are met. He may require the assis-
tance of the Department of Environmental Conservation in this effort.
There is still another condition of a geothermal lease with a potential
for indirect environmental ramifications. This is the requirement that if the
production or utilization of geothermal steam is susceptible of producing a
valuable byproduct; including demineralized water, the lessee must undertake
substantial production or use of the byproduct unless this requirement is
modified or waived by the Commissioner. The Commissioner may base such an
action on conservation of natural resources or "other reasons satisfactory to
him." Environmental protection is obviously inherent in this broad stipula-
tion if the production of a byproduct results in pollution beyond that gener-
ated by the production or use of the geothermal resource alone or changes the
character of wastes which would be expected without the byproduct production.
The Director may waive or amend operating requirements of leases or regula-
tions affecting leases in the interest of conservation or to facilitate the
greatest ultimate recovery of geothermal resources.
Chapter 84, Alaska Administrative Code-Coal and Other Leasable Minerals—
The primary purpose of Article 7, Geothermal Resources, of Chapter 84 is
to establish the mechanism by which competitive geothermal leases and non-
competitive geothermal prospecting permits are issued. From an environmental
control standpoint, the focus of this article is the requirement imposed upon
geothermal permittees and lessees to submit a plan of operation which must be
approved by the Director before any operations on a permit or lease may begin.
Operations under the plan are subject to any conditions the Director may
determine are necessary to prevent waste and to protect or minimize damage to
the land and its resources. This provision invokes the broad statutory au-
thority given to the Director.
Chapter 82, Alaska Administrative Code-Mineral Leasing Procedure—
There are no provisions in Chapter 82 which relate directly to environ-
mental control. However, the production of data requirement in 11 AAC 82.805
could provide an indirect regulatory tool. This section requires that, "for
purposes of determining compliance with the terms and conditions of a mineral
lease or compliance with the Alaska Statutes and the regulations adopted under
them, the lessee of a state-issued mineral lease shall furnish, upon request
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of the Director, a copy of all factual data, which will include all pertinent
tests, records, data surveys and analyses conducted on or pertaining to the
leased lands or products from them ... All information submitted in accor-
dance with this section may be held confidential and shall only be used for
the administration of the functions, responsibilities, and duties vested by
law in the commissioner or director."
The use of this as an environmental regulatory mechanism would hinge on
the interpretation of the terms "determining compliance" and "functions,
responsibilities, and duties." If these mean that the Commissioner may use
the "confidential" data to enforce lease terms or conditions of the plan of
operation related to environmental protection, then the production of data
could conceivably set in motion a regulatory action if it revealed environ-
mental degradation which had not otherwise been detected or reported. Except
in the extreme case of revocation of a lease, this type action would probably
be initiated by the Department of Environmental Conservation.
Arizona
Title 27, Chapter 4, Arizona Revised Statutes - Geothermal Resources —
This chapter authorizes the Oil and Gas Conservation Commission to over-
see geothermal activity.
The environmental requirements include: (1) a directive to the Commis-
sion to prevent the discharge of any fluids or gases or disposition of sub-
stances harmful to the environment by reason of drilling, operation, main-
tenance, or abandonment of geothermal wells; (2) watertight casing for bore
holes penetrating an aquifer to a geothermal resource below; (3) construction
and maintenance of all geothermal water and brine disposal systems so as to
avoid contamination of underground or surface waters; water quantity and
quality monitoring devices; reinjection of geothermal effluent or injection
of other water supplies into the producing zones at the discretion of the
Commission.
(NOTE: The Arizona regulations governing leasing of lands for geother-
mal development were not provided to the study. This is because leasing has
been suspended pending a definition of geothermal resources and their by-
products by the State Attorney General.)
Rules and Regulations Adopted by the Arizona Oil and Gas Conservation Commis-
sion Pursuant to Title 27, Chapter 4, Revised Statutes —
These regulations deal primarily with drilling of wells and operation
practices which are not of direct concern to this discussion. However, the
engineering and documentation requirements during drilling and testing can
be summarized as follows:
An application for a drilling permit must be accompanied by a plot show-
ing the exact acreage or legal subdivision allotted to a well. The major
purpose of the plot is to permit the Commission to determine whether the well
is a permitted location under the well-spacing program requested in the ap-
plication. The commission is authorized to approve well-spacing programs or
prescribe modifications after giving consideration to factors such as the
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following: (1) topographic characteristics of the area; (2) hydrologic, geo-
logic, and reservoir characteristics of the field; (3) the number of wells
that can be economically drilled to provide the necessary volume of geothermal
resources for the intended use; (4) protection of correlative rights; (5)
minimizing well interference; (6) unreasonable interference with multiple use
of lands; and (7) protection of the environment. In order to assure a supply
of drilling mud to confine oil, gas, water, or other fluid to its native stra-
tum during the drilling of a well, operators must provide an adequate pit,
either earthen or portable, for this fluid or the accumulation of drill
cuttings.
Casing requirements are spelled out in great detail in Rules G-107 through
G-112, both for areas where pressure and formations are unknown and where the
subsurface conditions have been established. No well may be directionally
deviated from its normal course without permission from the Commission and
public hearing, except that wells may be intentially deviated for short dis-
tances to straighten the hole, sidetract junk, or correct other mechanical
difficulties. Directional survey of wells may be required.
A well operator must minimize noise when conducting air drilling opera-
tions or when the well is allowed to produce while drilling. The noise cre-
ated by the expanding gases must be abated by methods approved by the Commis-
sion.
There are two sets of environmental practices set forth under well opera-
ting practices. The first is headed "Pollution and Surface Damage" and reads
as follows:
"The owner or operator shall take all reasonable precautions to avoid
polluting streams, polluting underground water, and damaging soil. If
any deleterious substances cannot be treated or destroyed, or if the
volume of such products is too great for disposal by the usual methods
without damage, other means of disposal, after approval by the Commission,
shall be used."
The second is entitled "Environmental Protection" and reads as follows:
"In the absence of coverage by any other Section of these regulations,
the Commission shall require operations under this Chapter to be con-
ducted so as not to pollute the underground water or the land upon
which the operations are being conducted, or pollute underground waters
of neighboring lands. Federal and State air and water quality standards
will be followed unless more stringent requirements are stipulated by the
Commission. Plans for disposal of well effluents must take into account
the effect on groundwaters, streams, plants, fish and wildlife and their
populations, atmosphere, or any other effects which may cause or contri-
bute to pollution, and such plans must be approved by the Commission
before action is taken under them."
Brines and salt water liquids must be disposed of by evaporation in
earthen pits or by underground injection as authorized by the Commission.
Earthen pits must be constructed to prevent escape of brines and entry of
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surface water into the pit.
^Injection of substances to increase recovery of geothermal resources is
prohibited unless authorized by the Commission. Strict requirements on the
construction of such injection wells are set forth.
California
Geothermal Resources Act of 1967 (Public Resources Code, Division 6 - Public
Lands, Part 2 - Leasing of Public Lands, Chapter 3 - Oil and Gas and Mineral
Leases) —
Prospecting permits and leases for the extraction and removal of geo-
thermal resources from California state lands are issued under this Act.
Proposed waste discharge reports must be filed with the Regional Water Qual-
ity Control Board and operations must comply with waste discharge requirements
set by the board as provided by Chapter 4, Division 7, of the Water Code.
Operations must also comply with applicable provisions of law under jurisdic-
tion of the Department of Parks and Recreation, the Department of Fish and
Game, and the Division of Forestry, together with their applicable rules and
regulations. The applicable sections of the Fish and Game Code prohibit the
deposit of any industrial waste, liquid or solid, in waters of the state or
placement so that it might enter into waters. The drilling, operation, main-
tenance, and abandonment of wells must also comply with Chapter 4, Division
3, of the Public Resources Code, described below.
The Commission may require production or use of other of the geothermal
resources upon determination that this is economically feasible and that a
market exists] for such production. Underlining is provided to show the dif-
ference between this provision and the similar Alaska requirement.
A permittee or lessee may, upon the approval of the Commission, drill
special wells, convert producing wells, or reactivate and convert abandoned
wells for the sole purpose of reinjecting geothermal resources or the resi-
due thereof.
Title 2, California Administrative Code Division 3 - State Property Operations
Article 4.1 - Leases and Prospecting Permits for Geothermal Resources —
This regulation is administered by the State Lands Commission. In filing
applications to the Commission for a geothermal prospecting permit the quality
and use of underlying groundwaters and adjacent surface waters must be de-
scribed, and the proposed methods of disposing of liquid, solid, or gaseous
wastes must be stated. These must protect and preserve existing land and
water uses.
The engineering and documentation requirements during drilling and test-
ing are set forth in the Section (2257) entitled "Development Program."
These are shown in full here because they are typical of requirements which
appear in one or another of the various geothermal regulations.
"DEVELOPMENT PROGRAM.
"(a) Operations under any lease or permit shall be carried on in a safe
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and workmanlike manner in accordance with generally accepted good engineering
practice and due regard shall be given the protection of life and property,
preservation of the environment and the conservation of natural resources.
"(b) The State Lands Division may determine the spacing of wells and the
rate of development and production of such wells to prevent the waste of geo-
thermal resources and to promote their maximum economic recovery from, and
the conservation of reservoir energy in, each zone or separate underground
source of geothermal resources. Such determination shall be based on recog-
nized engineering standards and shall be consistent with prevailing economic
conditions.
"(c) Geothermal resources shall not be disposed of except in accordance
with sales contracts or other methods which have first been approved of in
writing by the State Lands Commission.
"(d) All geothermal resources wells shall be tested when required by the
State Lands Division.
"(e) No lessee or permitee shall drill a geothermal resources well on or
into state lands except on prior approval of the State Lands Division and sub-
ject to the terms of the enabling statute and lease or permit.
"(f) Lessee or permittee, before commencing the work of drilling a well,
shall notify the State Lands Division of its intention to drill, and such no-
tice shall contain the location and elevation above sea level of derrick,
proposed depth, bottom hole location, casing program, proposed completion
program and the size and shape of drilling site, excavation and grading
planned, and location of existing and proposed access roads. Where the sur-
face of the leased or permitted lands is under the jurisdiction of a state
agency other than the Commission, lessee or permittee shall provide at the
same time such information listed above as is pertinent to that agency.
"(g) No well shall be perforated, redrilled, plugged back, or altered
except on prior approval of the State Lands Division.
"(h) All drilling, redrilling, perforating, or work-over operations
within any geothermal resources zone shall be done with an accepted circu-
lating medium.
"(i) No generating plants, buildings, structures, production equipment,
metering system, pipelines or roads for the production of geothermal resources
shall be installed except on prior state approval. Any changes in said equip-
ment or facilities shall be approved prior thereto. Maps, drawings and spec-
ifications for said installations shall be furnished upon request.
"(j) Metering equipment shall be maintained and operated in such a man-
ner as to meet acceptable standards of accuracy. Use of such equipment shall
be discontinued at any time upon determination by the State Lands Division
that standards of accuracy or quality are not being maintained, with pro-
duction stopped until measurement accuracy has been obtained.
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"(k) Lessee or permittee shall diligently maintain all wells and con-
tinuously vent and periodically blow wells to prevent water condensation and
cooling of the well bore.
"(1) Before work is commenced to abandon any well, notice shall be
given to the State Lands Division, which notice shall show the condition of
the well and the proposed method of abandonment. No well may be abandoned un-
less prior approval of the method of abandonment has been obtained from the
State Lands Division."
Section 2263 prescribing measures for the protection of other resources
is also presented in full because its separate provisions appear to illustrate
the types of directives to which geothermal operators will be required to
conform:
"PROTECTION OF OTHER RESOURCES.
"(a) The lessee or permittee shall remove the derrick and other equip-
ment and facilities within sixty (60) days after lessee or permittee has
ceased making use thereof in its operations.
"(b) All permanent operating sites where required shall be landscaped
or fenced so as to screen them from public view as far as possible. Such
landscaping or fencing shall be approved in advance by the state and kept in
good condition.
"(c) All drilling and production operations shall be conducted in such
manner as to eliminate as far as practicable dust, noise, vibration, or nox-
ious odors. Operating sites shall be kept neat, clean, and safe. Drilling
dust shall be controlled to prevent widespread deposition of dust. Detri-
mental material deposited on trees and vegetation shall be removed. The
determination as to what is detrimental is a state responsibility.
"(d) Wastes shall be discharged in accordance with requirements and
prohibitions prescribed by the Regional Water Quality Control Board. The
State Lands Division and the state agency having jurisdiction over the af-
fected lands shall also approve the place and manner of such waste disposal.
"(e) Lessee or permittee shall communicate with the Department of Fish
and Game prior to any operations which may adversely affect fish and wildlife
resources.
"(f) Any operations disturbing the soil surface, including road build-
ing, construction, and movement of heavy equipment in support of or relating
to specific geothermal exploration or development activities shall be con-
ducted in such manner as will not result in unreasonable damage to trees and
plant cover, soil erosion, or in degradation of waters of the State, including
fish and aquatic life habitat.
"(g) Pollution of the ocean and tidelands, rivers, lakes or other bodies
of water, and all impairment of and interference with bathing, fishing, or
navigation in the waters of the ocean, or any bay or inlet thereof, is
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prohibited, and no brine, minerals, or any refuse of any kind from any well
or works shall be permitted to be deposited on or pass into waters of the
ocean, any bay or inlet thereof, rivers, lakes or other bodies of water,
without specific written state authorization.
"(h) No permanent filled lands, piers, platforms or other fixed or
floating structures in, on, or over the tide and submerged lands covered by
the lease or permit or otherwise available to the lessee or permittee shall
be permitted to be constructed, used, maintained, or operated without ob-
taining any and all permits required under applicable state and federal law,
rules and regulations, or complying with all valid ordinances of cities and
counties applicable to lessee's or permittee's operations, or without secur-
ing the written permission of the State Lands Division specifically authoriz-
ing the activity.
"(i) Existing roads and bridges on or serving the area under lease or
permit shall be maintained in a condition equal to or better than that before
use. New roads and bridges shall be located, constructed, and maintained in
accordance with state specifications.
"(j) Timber damaged, destroyed, or used on the area under lease or per-
mit shall be compensated at market value to the state. Borrow pit material
shall not be obtained from state lands without permission and payment of
market value.
"(k) Improvements, structures, telephone lines, trails, ditches, pipe-
lines, water developments, fences and other property of the state or other
lessees or permittees, and permanent improvements and crops of surface owners,
shall be protected from damage and repaired or replaced when damaged.
"(1) Access to drilling or production sites by the public shall be con-
trolled by the lessee or permittee to prevent accidents or injury to persons
or property.
"(m) Drilling mud shall be ponded in a safe manner and place, and where
required by the state, posted with danger signs, and fenced to protect persons,
domestic animals, and wildlife. Upon completion of drilling, the mud shall
be disposed of, or after drying in place, covered with a protective layer of
soil.
"(n) Areas cleared and graded for drilling and production facility sites
shall be kept to a reasonable number and size, and be subject to state appro-
val.
"(o) Lessee or permittee shall conduct its operations in a manner which
will not interfere with the right of the public to fish upon and from the
public lands of the state and in the waters thereof or will not preclude the
right of the public to use of public lands and waters."
The suspension of drilling and production operations is required (1) in
the event of disaster or of pollution caused by the operations or (2) when
the State Lands Division determines that there is a substantial likelihood
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that continued operations would endanger public health or safety or cause
serious damage to property or the natural environment.
California Laws for Conservation of Geothermal Resources (Public Resources
Code, Sec. 3714 and 3741, Division 3, Chapter 4) —
When a developer files notice of intent to drill, either on state or
private land, he becomes subject to this statute which places well safety and
conservation of the resource under the Division of Oil and Gas in the Depart-
ment of Conservation. The State Oil and Gas Supervisor is directed to permit
well operators to utilize all methods and practices known to the industry
which will increase the ultimate recovery of the resource suitable on a case-
by-case basis. State policy is enunciated which interprets the right or
power granted to operators to explore for and remove geothermal resources to
allow them to do "what a prudent operator using reasonable diligence would
do ... in producing and removing resources ..."
Approval of the notice of intent to drill by the Supervisor is required
before drilling may begin. This applies to original drilling, redrilling of
an abandoned well, deepening a well, plugging, or altering or removing the
casing of a well.
The regulatory power of the Oil and Gas Division includes authority to
require indemnity bonds; logs on well characteristics and drilling activities;
approved casing strength; tests or remedial work; and approved and supervised
abandonment procedures. The log records may not be used in court or other
enforcement proceedings except in limited instances for review of enforcemRnt
decisions by the Supervisor or the Geothermal Resources Board. The Board con-
sists of: The Director of Conservation, State Geologist, Oil and Gas Super-
visor, Executive Officer of the State Lands Commission, Chariman of the Water
Resources Control Board, Director of Water Resources, Director of the Depart-
ment of Fish and Game, and President of the Public Utilities Commission.
If an operator does not perform required remedial work ordered to pro-
tect environmental or other values, state agents may enter the premises and
do the work, the cost of which then constitutes a lien on the property. Wells
drilled within 30.5 m (100 ft) of an outer property boundary or a public
street or highway are declared nuisances. This distance is reduced to 8.0 m
(25 ft) to accommodate directional drilling when insufficient surface area of
a land parcel of one acre or more is available for locating a well, and to a
4.5 m (15 ft) for the drilling of low temperature wells under the direction
of the Supervisor.
Colorado
Special Rules and Regulations Relating to Geothermal Resources Leases —
These regulations are administered by the State Board of Land Commission-
ers, Department of Natural Resources. However, the Land Board has control
over the disposition of solid and liquid wastes and air emissions. To mini-
mize damage to fresh water, consultation with the Land Board and the State
Engineer's Office is required on the drilling, plugging, and completion or
abandonment procedures planned for all wells before drilling is commenced.
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During exploration, development, and production stages a geothermal
lessee is required to conduct his operations in a manner satisfactory to fed-
eral and state water and air pollution control agencies. Methods for disposal
of all solid or liquid waste must have the approval of the Land Board, and
no wastes may be stored in such a manner as may pollute surface or subsur-
face waters.
The geothermal lease form used by Colorado does not directly address
environmental obligations; the usual "compliance with law" section is the
only indirect reference. General Land Board regulations relating to mineral
procedures also apply to geothermal lessees.
General Rules and Regulations with Respect to the Conservation of Geothermal
Resources in the State of Colorado and Rules of Practice and Procedure Per-
taining Thereto —
The Oil and Gas Conservation Commission adopted the above rules in April
of this year pursuant to the Colorado Geothermal Resources Act of 1974. They
are understood to contain non-specific environmental control requirements and
"wild" well control. However, the regulations have not yet been filed with
the State Attorney General and copies are not available at this time.
Hawaii
Chapter 182, Reservation and Disposition of Government Minerals Rights —
These regulations implement a 1974 amendment to Section 182.1 of the
Hawaii Revised Statutes to include geothermal resources among the minerals
for which state lands may be leased. The only environmentally-oriented ref-
erences are a requirement that the resource shall be removed by means reason-
able and satisfactory to the Board of Land and Natural Resources and that the
lessee shall comply with all water and air pollution control laws, rules, and
regulations of the state or its political subdivisions.
Idaho
Drilling for Geothermal Resources Rules and Regulations and Minimum Construc-
tion Standards —
Sections 42-4001-4015 of the Idaho Code conferred upon the Department of
Water Resources the authority to regulate the drilling, operation, mainte-
nance, and abandonment of all geothermal wells in the state. The Department's
authority also includes regulatory jurisdiction over environmental hazards
pertaining to the exploration and development of geothermal resources.
The Foreword to the rules states that they apply only to wells 305 m
(1,000 ft) or deeper, including those drilled for exploratory purposes as
defined in Section 3.10. Wells shallower than 305 m (1,000 ft) are not
covered "even though the well may be for seismic work, heat flow, or other
exploration." These limitations, however, are evidently open to interpre-
tation because a Department spokesman states: "All exploratory wells over
15.4 cm (6 in) in diameter are covered by our regulation and require a geo-
thermal permit regardless of depth. All geothermal production or injection
wells regardless of size or depth are also covered by the rules and regula-
tions ."
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The rules give the Department very specific authority over drilling
practices and well spacing. A permit is required to drill a well, modify an
existing one, or convert a production well to an injection well.
The Water Resources Director is required to approve all well spacing
programs or prescribe modifications he feels are necessary for proper develop-
ment considering the same factors as those enumerated in the Arizona regula-
tions .
The casing and blow-out prevention requirements of these rules are so
specific that their total impact would be lost in summarizing them. They are
thus reproduced in full in Figure V-l.
There are additional blow-out prevention requirements established both
for explored and unexplored areas. A Department employee may be present dur-
ing any drilling phase in the latter and may order additional casing to be run
if he sees fit. A logging unit must be installed and operated continuously
once the shoe has been drilled out of the conductor pipe until the well has
been drilled to the total depth. Data to be recorded include:
1. Drilling mud temperatures (in and out).
2. Drilling mud pit level.
3. Drilling mud pump volume.
4. Drilling mud weight.
5. Drilling rate.
6. Hydrocarbon and hydrogen sulfide gas volume (with alarm).
An annular BOPE (blow-out prevention equipment) with a minimum working
pressure of 68.04 atm (1,000 PSI) is required on the surface casing and the
conductor pipe. If the exit drilling mud temperature reaches 125°C (257°F),
drilling operations must cease until the Department of Water Resources has
been notified.
In explored areas a gate valve with a minimum working pressure rating of
20.41 atm (300 PSI) and a BOPE as described above are required on the casing
head. Mud temperature must be monitored continuously or read manually and
logged for each 9 m (30 ft) of depth drilled.
Equally specific abandonment requirements are set forth which cover type
and placing of cement and use of drilling fluid in the procedure.
Louisiana
Act No. 735 of 1975 Louisiana Geothermal and Geopressured Energy Research and
Development Act —
This Act gave the State Department of Conservation the responsibility for
the management and coordination of a geothermal and geopressure energy re-
search and development program. Among its responsibilities were the deter-
mination of the environmental ramifications and the legal, social, and econo-
mic consequences of geothermal development, and providing a framework of
policy alternatives for the commercial utilization of this resource.
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FIGURE V-l. EXCERPT FROM IDAHO RULES AND REGULATIONS
MINIMUM WELL CONSTRUCTION STANDARDS FOR GEOTHERMAL RESOURCES
4.6 Casing
4.6.1 General. All wells shall be cased in such a manner as to protect or
minimize damage to the environment, usable groundwaters,
geothermal resources, life, health, and property. The permanent well
head completion equipment shall be attached to the production
casing or to the intermediate casing if production casing does not
reach the surface. No permanent well head equipment may be
attached to any conductor of surface casing alone. The specification
for casing strength shall be determined by the Director on a
well-to-well basis. All casing reaching the surface shall provide
adequate anchorage for blow out prevention equipment, hole pressure
control, and protection for natural resources. The following casing
requirements are general but should be used as guidelines in
submitting applications for permit to drill.
4.6.2 Conductor pipe. A minimum of 40 feet of conductor pipe shall be
installed. The annular space is to be cemented solid to the surface. A
24-hour cure period for the grout must be allowed prior to drilling
out the shoe unless additives sufficient, as determined by the
Director, are used to obtain early strength. An annular blow out
preventor shall be installed on all exploratory wells and on
development wells when deemed necessary by the department.
4.6.3 Surface casing. The surface casing hole shall be logged with an
induction electrical log or equivalent or gamma-neutron log before
running casing. This requirement may be waived by the-Director.
Permission to waive this requirement must be granted by the Director
in writing prior to running surface casing. This casing shall provide for
control of formation tluids, protection of shallow usable
groundwater, and for adequate anchorage for blow out prevention
equipment. All surface casing shall be cemented solid to the surface.
A 24-hour cure period shall be allowed prior to drilling out the shoe
of the surface casing unless additives sufficient, as determined by the
Director, are used to obtain early strength.
a) A minimum of -200 feet of surface casing shall be set in areas
where pressures and formations are unknown; sufficient surface
casing shall be run to reach a depth below all known or reasonably
estimated groundwater levels to prevent blow outs or uncontrolled
flows. In no case may surface casing be set at a depth less than 10
percent of the proposed total depth of the well.
b) In areas of known high formation pressure, surface casing shall
be set at the depth determined by the Director after a study of
geologic conditions in the area.
c) In areas where subsurface geological conditions are variable or
unknown surface casing shall be in accordance with specifications as
outlined in (a) above. The casing must be seated through a sufficient
series of low permeability, competent lithologic units such as
claystone, siltstone, basalt, etc., to insure a solid anchor for blow out
prevention equipment and to protect usable groundwater from
contamination. A second string of surface casing may be required if
the first string has not been cemented through a sufficient series of
such beds, or a rapidly increasing thermal gradient or formation
pressures are encountered.
d) The temperature of the return drilling mud shall be monitored
continuously during the drilling of the surface casing hole. Either a
continuous temperature-monitoring device shall be installed and
maintained in a working condition or the temperature shall be read
manually. In either case, the return temperature shall be entered into
the log book for each 30 feet of depth drilled.
e) Blow out prevention equipment capable of shutting in the well
during any operation shall be installed on the surface casing and
maintained ready for use at all times. BOPE pressure tests shall be
performed by the operator for department personnel on all
exploratory wells prior to drilling out the shoe of the surface casing.
The decision to perform BOPE pressure tests on other types of wells
shall be made on a well-to-well basis by the Director. The Director
must be notified five days in advance of a scheduled pressure test.
Permission to proceed with the test sooner may be given orally by the
Director upon request by the operator.
4.6.4 Intermediate casing. Intermediate casing shall be required for
protection against anomalous pressure zones, cave-ins, washouts,
abnormal temperature zones, uncontrollable lost circulation zones or
other drilling hazards. Intermediate casing strings when installed shall
be cemented solid to the surface or to the top of the casing.
4.6.5 Production casing. Production casing may be set above or through
the producing or injection zone and cemented either below or just
above the objective zones. Sufficient cement shall be used to exclude
overlying formation fluids from the geothermal zone, to segregate
zones, and to prevent movement of fluids behind the casing into
possible fresh groundwater zones. Production casing shall either be
cemented solid to the surface or lapped into the intermediate casing if
run. If the production casing is lapped into an intermediate string, the
casing overlap shall be at least 50 feet, the lap shall be cemented solid,
and the lap shall be pressure tested to insure its integrity.
4.7 Electric Logging. All wells except observation wells shall be logged
with an induction electrical log or equivalent or gamma-neutron log
from the bottom of the hole to the bottom of the conductor pipe.
This requirement may be modified or waived by the Director upon
written request.
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Act No. 134 of 1976 Geothermal Energy Resources —
This Act vests full regulatory authority over all geothermal exploration,
drilling, development, and production as well as subsurface disposal of geo-
thermal waters and/or waste in the Department of Conservation. The provisions
of the Louisiana State Conservation Act (R.S. 30:1, et seq.) are extended to
all geothermal operations, and the Commissioner of Conservation is empowered
to promulgate such further rules and regulations as he deems necessary.
The Stream Control Commission is given supervisory authority over dis-
charges to surface streams, and the State Mineral Board is vested with ex-
clusive authority to lease state lands for geothermal purposes. However, the
above-described regulation of conservation applies to all geothermal operations
in the state, whether on public or private land. "In all cases," the Act
states, "a lessee under a geothermal lease or an owner shall conduct his ex-
ploration, drilling, development, production operations, and disposal methods
using all reasonable precautions to protect the environment and to prevent
pollution of state waters, other environmental damages, or waste of geothermal
resources."
Order No. 29-B — Statewide Order Governing the Drilling for and Producing of
Oil and Gas in the State of Louisiana —
So far as is known, Louisiana has not yet promulgated regulations for
geothermal/geopressure operations, but the above order governs the disposi-
tion of salt water. This is generally to be handled through injection into
subsurface formations not productive of hydrocarbons. However, it may be dis-
posed of in state-approved pits; into tidally affected water, brackish waters,
or any other waters unsuitable for human consumption or agricultural purposes;
or into hydrocarbon zones under certain approved conditions.
Montana
Montana Geothermal Rules and Regulations —
These regulations apply only to geothermal leases on state lands and are
administered by the Department of State Lands. Lessees are required to use
all reasonable means to prevent waste, damage to any natural resource, and
any environmental pollution or damage. These methods are to be described in
a plan of operations submitted prior to drilling wells 305 m (1,000 ft) or
deeper. Such measures must cover prevention or control of fires, soil ero-
sion, pollution of surface and groundwater, damage to fish and wildlife, air
and noise pollution, and hazards to public health and safety. When wells are
abandoned, interzonal migration of fluid is to be blocked so as to prevent
contamination of waters and protect life, health, environment, and property.
Specific plugging requirements are spelled out.
Operators of wells in high pressure areas or in areas where the pressures
are unknown are required to equip wells "with casings of sufficient strength
seated in competent rock formation and cemented in place with such other
safety devices as may be necessary . . . and use every reasonable effort to
prevent blowout, explosions, and fires ..."
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Nevada
Sections 2-5, Title 48 of Nevada Revised Statutes —
This legislation authorizes the state engineer to adopt regulations to
insure the proper development, control, and conservation of the state's geo-
thermal resources. The regulations, which have not yet been issued, may
establish procedures to prevent pollution and waste.
New Mexico
Rules and Regulations, Geothermal Resources —
These regulations, adopted pursuant to Chapter 75, Laws of 1973, are prob-
ably the most detailed of those reviewed in terms of drilling, production,
casing, spacing, plugging, and report requirements, but among the least
definitive in terms of environmental requirements.
Maximum protection of the environment is mandated; a drilling fluid pit
of adequate size to provide sufficient fluid to confine natural fluids to
their native strata and prevent blowouts is required to be constructed so as
to prevent water pollution; noise abatement equipment as approved by the Oil
Conservation Commission is required during drilling or production of wells
within 457.5 m (1,500 ft) of a residence, school, or church; and highly min-
eralized waters are to be disposed of in such a manner that underground or
surface waters are not contaminated.
Oregon
Oregon Geothermal Regulations, Oregon Administrative Code—
Chapter 632, Sections 20-005-20-170 —
The 1971 Oregon Geothermal Resources Act authorized the State Department
of Geology and Mineral Industries to control the discovery and production of
geothermal resources. The regulations which the Department promulgated re-
quire lessees to use all reasonable means at their disposal to prevent damage
to any natural resource including trees and other vegetation; fish, wildlife,
and their habitat; or any environmental pollution or damage.
A log is required for geothermal wells which shows the character and
depth of each formation encountered in the drilling of the well; the amount,
size, and weight of casing used; the size, type, and depths of perforations;
and the location, depth, and temperature of water-bearing strata, including
temperature, chemical composition, and other chemical and physical characteris-
tics of fluid encountered from time to time.
A blow-out prevention provision is included which is identical to that of
the Montana regulations above. The method and degree of noise abatement will
be prescribed by the State Geologist and must comply with the state noise
regulations.
Casing regulations aimed at preventing the migration of formation fluids
to other areas and directional drilling limitations similar to ones discussed
above are set forth.
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Specific plugging methods and abandonment procedures are applied as
follows:
1. The hole shall be filled with an approved mud-laden fluid from
bottom to top of the hole. At the top of each producing formation a cement
plug shall be placed which extends either from the bottom of the hole or from
a point 8 m (25 ft) below the top of each producing formation upward to a
point at least 15.25 m (50 ft) above each producing formation.
2. A cement plug not less than 15.25 m (50 ft) in length shall be
placed below all fresh water bearing strata.
3. A 6 m (20 ft) cement plug shall be placed at the top of the casing
in each hole plugged in such a manner as not to interfere with soil cultiva-
tion and a steel plate welded over the casing stub.
Special conditions which apply to all deep well exploratory drilling in
Oregon were outlined in a September 2, 1975, memorandum from the Director of
the Department of Environmental Quality to the State Geologist. Perhaps its
most significant feature is that the direct or indirect discharge of waste mud
and wastewater to the waters of the state is prohibited. Discharge into self-
contained, non-overflow holding pools is required instead. A permit is re-
quired for the discharge of geothermal, mineralized, or oil waters.
Texas
Geothermal Resources Act —
This Act vested regulatory powers in the state Railroad Commission and
leasing powers in the General Land Office.
The regulatory authority of the Railroad Commission extends to explora-
tion, development, and production on all public and private lands. The Gen-
eral Land Office acts through the School Land Board to lease geothermal/geo-
pressured resources on lands belonging to the Permanent School Fund of Texas
(except wildlife refuges and recreational areas) and on its own to lease up to
three leagues (10 1/2 miles) of offshore lands pursuant to the Submerged Lands
Act (43 USC Sections 1301-1315).
The Commissioner of the General Land Office is required to incorporate in
its leases the Railroad Commission's Conservation Rules for "conservation of
the resource and protection of correlative rights." The School Land Board,
however, has full discretion as to the terms and conditions of its lease and
"may adopt rules and regulations" pertaining to all stages of development.
This power seems total until read conjunctively with the mandate the Act con-
fers on the Railroad Commission to protect the environment. However, the
School Land Board's grant of "full authority" for lease conditions implies
that the Railroad Commission's rules could be the minimal protection to be
afforded to the environment. The Act does not make clear whether more strin-
gent environmental controls could be imposed by the Land Office on a lessee
than those established by the Railroad Commission. It should be noted that
the Commissioner of the General Land Office is concurrently the Chairman of
the School Land Board.
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Rules and Regulations Governing Drilling and Producing
on Permanent Free School Lands—
These regulations pertain only to oil and gas activities on surface lands
and are not applicable to geothermal/geopressured lands. However, one pro-
vision which could be extended is notable. It imposes absolute liability upon
a lease for any pollution arising from well activity and causing injury to
private or public property.
General Land Office Rules and Regulations—
The General Land Office has not amended its rules to include geothermal/
geopressured activity. However, rules and regulations pertaining to geologi-
cal and geophysical exploration and surveys were issued by the agency in 1971
which do include geothermal development. These rules primarily set out the
permitting procedure and the regulations for "shot" exploration.
Railroad Commission Rules and Regulations—
The Railroad Commission rules implement the Texas Geothermal Act. The
majority of the 80 rules concern themselves more with the technological re-
quirements for oil and gas operations than with the conservation of the
environment or geothermal/geopressured operations, and represent the most com-
prehensive specific engineering and documentation requirements reviewed.
Environmental protection is aimed primarily at protecting the quality of
Texas waters. Rule 8 states that fresh water, above or below the surface,
shall be protected from pollution "whether in drilling, plugging, producing
or disposing of salt water already produced." No operations may pollute "any
stream or water course. . .or any subsurface waters." Salt water disposal
pits are not to be used for storage and evaporation of geothermal resource wa-
ters nor are such resource waters allowed to be discharged into a dry or flow-
ing creekor river without the commission's approval. The offshore and estuarine
zones shall not be polluted or the aquatic life contained therein injured. The
disposal of liquid wastes into these kinds of zones is limited to salt wastes
and other.materials which have had harmful or injurious constituents removed.
Rule 9 requires a permit for deep well injection of salt water. Non-
producing zones of oil, gas, or geothermal resources that contain mineralized
water unfit for general use can be used for injection of salt water. These
zones must not be attached to freshwater formations in order to avoid contami-
nation of such formations.
Casing requirements for protection of fresh water sands that are or may
be a source of fresh water are set in Rule 13. No environmental concerns are
expressed.
Field rules that consider the conditions of a specific area of operation
may be issued by the Commission after the first well has been completed.
Utah
Rules and Regulations Governing the Issuance of Mineral Lease—
Provision for geothermal leases is made in Rule 30 of the above rules and
regulations. They are issued by the Division of Lands, Department of Natural
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Resources, only on lands where the State of Utah owns both the surface and
mineral rights. Well permits are issued by the Division of Water Rights
which is currently finalizing guidelines on this subject.
Environmental requirements are written into the lease itself rather than
in the regulations. In the lease terms for development of the leasehold, the
lessee is prohibited from discharging unconfined hot water, nonpotable water,
or polluting substances upon the land surface or into the subsurface which
will contaminate soil or water. This is a flat prohibition with no guide-
lines or alternatives offered.
In general provisions of the lease, the lessee is directed to comply
with applicable federal and state air and water pollution regulations; to
control noise as required by the State Lands Board or as required by state
law; and to dispose of waste to protect wildlife, and to operate on archaeo-
logical or historical sites in accordance with directions from the State Land
Board. In addition, the Land Board reserves the right to add such protective
measures as it deems necessary on a case-by-case basis.
Washington
Geothermal Resource Act—
The thrust of this act is to provide for the safe, orderly, and nearly
pollution-free development of the state's geothermal resources. The defini-
tion of waste includes the escape of steam or hot water into the open air in
excess of what is reasonably necessary in efficient development or production.
The Act preempts local regulation of the drilling and operation of geo-
thermal wells — the only instance of this found — although the state is
precluded from permitting operations where they would be prohibited under
state or local land use laws or regulations.
Geothermal resources by-products and/or waste products escaping from an
operation are subject to all state pollution control laws, state fisheries
law, and the state game laws.
The Department of Natural Resources is given the authority to administer
the act including the prevention of damage to underground and surface waters,
land, or air that may result from improper drilling, operation, maintenance,
or abandonment of geothermal resource wells.
Wyoming
Wyoming Rules and Regulations Governing the Issuance of
Geothermal Resource Permits and Leases—
Leases and prospecting permits are issued by the State Board of Land
Commissioners. Permit and lease applications must describe the facility and
use of underlying groundwaters and adjacent surface waters, and the proposed
methods for disposing of liquid, solid, or gaseous wastes. In developing a
lease or permit, operations must be carried on in a "safe and workmanlike
manner in accordance with generally accepted good engineering practices and
due regard shall be given the protection of life and property, preservation
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of the environment, and the conservation of natural resources."
No geothermal well may be drilled without prior approval of the State
Engineer. In obtaining a drilling permit, lessees or permittees must file
notice of the location and elevation above sea level of the derrick, proposed
depth, bottom hole location, casing program, proposed completion program, size
and shape of the drilling site, excavation and grading planned, and location
of existing and proposed access roads.
The Board of Land Commissioners upon recommendation of the State Engineer
may determine the spacing of the well and rate of development and production.
A safe and acceptable circulating medium is prescribed for all drilling opera-
tions. In effect, all activities and installations of generating plants,
buildings, pipelines, etc., are subject to the prior approval of the Board and
the State Engineer.
All drilling and production operations are required to be conducted in
such a manner as to eliminate "as far as practicable" dust, noise, vibration,
or noxious odors. Drilling mud is to be ponded in a safe manner and place
until drilling is completed when it is to be disposed of, or after drying in
P1ace, covered with a protective layer of soil.
The Wyoming prospecting permit requires the permittee to obtain a permit
pursuant to the Environmental Quality Act prior to any proposed waste dis-
charge and to dispose of water or geothermal waste products in a manner that
will not harm wildlife resources. Soil movement similarly must not result in
degradation of waters, fish, and aquatic life habitat.
Permits and leases contain identical language dealing with subsidence
which is shown in full in Appendix H. In brief, the Board may require the
permittee or lessee to suspend all or any part of his operations within 30
days when it receives evidence of subsidence. The permittee or lessee is also
obligated to notify the Board immediately of any evidence of subsidence.
STATE NEPA-TYPE STATUTES AND REGULATIONS
Several states have enacted statutes which are analogous to the National
Environmental Policy Act of 1969 as shown in Table V-3. Other states do not
have a formal environmental impact review procedure, but cognizant state con-
servation or environmental agencies comment on proposed actions.
The California Environmental Quality Act of 1970 is probably as compre-
hensive as any existing state statute requiring the prior evaluation of the
environmental impact of both public and private activities. Guidelines for
implementing the Act have been promulgated which are even more comprehensive.
These two documents have been blamed for creating considerable delay in
expansion of the Geysers operations in California. It is also contended that
they are responsible for the fact that it may take from six months to over a
year to obtain approval for even a one-well exploration project [ill. The
complaints are not directed toward the goals of the Act per se, but to the
administrative procedures involved in its implementation [12].
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TABLE V-3. STATE STATUTES AND REGULATIONS
Environmental Impact
Alaska
Arizona
California
Colorado
Hawaii
Idaho
Louisiana
Montana
Nevada
New Mexico
Oregon
Texas
Utah
Washington
Wyoming
Statute
X
X
X
X
Some Form of Review
X
X
X
X
None
X
X
X
X2
-^Executive Order of the Governor
^None affecting geothermal development
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Because of the importance attached to the implementing guidelines and be-
cause they may be the forerunner of others to come, a very thorough summary is
included here. The Act in its entirety is shown in Appendix I , A comparison
of the guideline summary and the Act will provide a comprehensive view of the
intent and effect of this legislation.
Summaries of the environmental impact evaluation requirements of other
"geothermal" states follow the California discussion.
California
Title 14, Natural Resources, California Administrative Code, Division 6,
Chapter 3, Guidelines for Implementation of the California Environmental
Quality Act of 1970—
These guidelines were promulgated by the Secretary pursuant to the Envi-
ronmental Quality Act of 1970 (Public Resources Code Section 21000). They are
to be followed by all state agencies, boards, and commissions, counties,
cities, regional agencies, and all other subdivisions of the state. The
guidelines are called the "State EIR Guidelines."
This document covers 52 printed pages. Its major functions are to es-
tablish the criteria by which it will be determined whether an EIR is required
for a given project, which agency should take the lead role in preparing the
EIR, directions for the preparation of various environmental documents (in-
cluding the EIR) required by the Act, and instructions for interagency review
and public participation. The major policy thrust is that the state govern-
ment shall regulate the activities of private individuals, corporations, and
public agencies in a manner which will prevent environmental damage. The
definition of "project" which applies to geothermal activity is "the whole of
an action which has a potential for physical impact on the environment, di-
rectly or ultimately" which involves -"the issuance of a lease, permit, license,
certificate, or other entitlement for use by one or more public agencies."
An environmental impact report is defined as a detailed statement setting
forth the environmental effects and considerations pertaining to a given pro-
ject as specified in the Act. This definition is discussed in more detail
below.
Necessity for EIS~The only categorical exemptions from the preparation
of an EIR are classes of projects which the Secretary for Resources has found
do not have a significant effect on the environment. However, "ministerial"
projects — projects which legally must be approved upon a given statement of
facts in a prescribed manner such as business licenses — are also exempt.
The other type of exempt activity is an "emergency" project which is one in
which immediate action is necessary to prevent or mitigate loss or damage to
life, health, property, or essential public service.
A "discretionary" project is an activity which requires the exercise of
judgment, deliberation, or decision on the part of the agency with the re-
sponsibility to approve or disapprove a particular activity. This is dis-
tinguished from the above ministerial project, approval of which requires only
a determination of conformity with applicable statutes, ordinances, or
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regulations.
Discretionary projects are first subject to an "initial study" or pre-
liminary analysis to determine whether an EIR is required. If it is decided
at this stage that the project would not have a significant effect on the
environment, then a "negative declaration" is prepared presenting the reasons
for this decision.
If any of the effects of a discretionary project may have a substantial
adverse impact on the environment, then an EIR must be prepared regardless of
whether the overall effect of the project is adverse or beneficial. Where
there is a difference of opinion within an agency as to whether an effect is
adverse or beneficial, an EIR is to be prepared to explore the point if there
is, or there is anticipated to be, a substantial body of opinion which con-
siders the effect adverse.
In evaluating the environmental significance of a project, both primary
and secondary consequences must be considered. According to the definition
of the guidelines, primary consequences are directly related to the project,
and secondary effects are the consequences of the project — i.e., a sewage
treatment plant creates more growth (primary) and new growth impacts upon the
resource base, including air, water, and energy use (secondary).
Projects are considered to have a potential for significant environmen-
tal effect when they include a change that:
1. Is in conflict with environmental plans and goals that have been
adopted by the community where the project is to be located;
2, Has a substantial and demonstrable negative aesthetic effect;
3. Substantially affects a rare or endangered species of animal or
plant, or habitat of such a species;
4. Causes substantial interference with the movement of any resident
or migratory fish or wildlife species;
5. Breaches any published national, state, or local standards relating
to solid waste or litter control;
6. Results in a substantial detrimental effect on air or water quality
or on ambient noise levels for adjoining areas;
7. Involves the possibility of contaminating a public water supply
system or adversely affecting groundwater;
8. Could cause substantial flooding, erosion, or siltation;
9. Could expose people or structures to major geologic hazards.
In every case where it is found that any of the following conditions
will result from a project, the project shall be deemed to have impacts with
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a significant effect on the environment:
1. Impacts which have the potential to degrade the quality of the envi-
ronment or curtail the range of the environment.
2. Impacts which achieve short-term gains to the disadvantage of long-
term environmental goals.
3. Impacts of a project which are individually limited, but cumulatively
considerable.
4. Environmental effects of a program which will cause substantial ad-
verse effects on human beings, either directly or indirectly.
Geothermal activity becomes subject to the EIR requirement first by
virtue of the fact that it is considered a discretionary project within the
above definition, and, second, because certain of its operations could fall
within the listed examples of change. The only avenue of exemption would be
a negative declaration, on a case-by-case basis.
Only one EIR or negative declaration is required on a project and the
actions of all responsible agencies must be governed by it. Where an EIR has
been prepared on a project, no additional EIR is required unless there are
substantial proposed changes which involve environmental impacts not consid-
ered in the intial EIR.
A single EIR may be employed to describe more than one project, if such
projects are essentially the same in terms of environmental impact. Further,
an earlier EIR prepared in connection with a previous project may be applied
to a later project, if the circumstances of the projects are essentially the
same. EIR's may be written in advance for entire programs or regulations, in
order to prepare for project applications to come. Whenever these alterna-
tives are utilized, however, the environmental effects of the projects must
be similar enough to warrant the same treatment in an EIR, and the EIR must
adequately cover the impacts of any single project. If these tests are not
met, the EIR prepared for a program should be supplemented so that it applies
to an individual project.
Where individual projects are, or a phased project is, to be undertaken
and where the total undertaking comprises a project with significant environ-
mental effect, a single EIR must be prepared for the ultimate project. Where
an individual project is a necessary precedent for action on a larger project,
or commits an agency to a larger project, an EIR must address itself to the
scope of the larger project. One or the other of these situations was found
to be the case in considering the impact of the most recent unit to be approv-
ed for The Geysers — i.e., EIR's were required on both geothermal production
and use. Where one project is one of several similar projects, but is not
deemed a part of a larger undertaking or a larger project, either one EIR for
all projects or one for each project may be prepared but in either case com-
ment should be made upon the combined effect.
In cases where a project will require both a California EIR and an
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Environmental Impact Statement (EIS) under the National Environmental Policy
Act, the EIS may be used in lieu of the EIR if it complies with the state
guidelines. If the EIS is used, discussion of mitigating measures and growth-
inducing impact must be added or supplemented if the EIS discussion of these
elements is inadequate.
The intent conveyed in the last several paragraphs does not appear to
square with activities in the area of The Geysers where three levels of
government — federal, state, and local — have studied the same area. In
addition, a separate EIR has been required for every well [13] and 12 wells
are needed for a 55 MW plant. It is reported [14] that all of the EIR's pre-
pared for this proven area look alike.
Lead Agency—In many instances, including geothermal development, a pro-
ject requires approval by more than one public agency. In this case, a "lead
agency" is designated to take the principal responsibility for preparing
environmental documents and for approving a project. All other agencies con-
cerned must consider the Lead Agency's EIR or negative declaration before
initiating their own action on the project.
In the case of nongovernmental activity, the Lead Agency is the public
agency with the greatest responsibility for supervising or approving the pro-
ject as a whole — i.e., an agency with general governmental powers rather
than an agency with a single or limited purpose. The counties have been
acting as the Lead Agencies in geothermal drilling although the state Public
Utilities Commission has jurisdiction over electric generation. This juris-
diction will pass to the new State Energy Resources Conservation and Develop-
ment Commission. The counties' role is supported by the "jurisdiction of law"
accorded to counties when they are the site of a project, the area in which
the major environmental effects will occur, and/or the area in which the
public most directly concerned with the environmental effects resides.
The Lead Agency is directed to consult with all other responsible agen-
cies before completing its draft EIR or negative declaration, and subsequently
to seek interagency review of its document and comment from persons with
special expertise.
EIR Process—If, after its initial study, the Lead Agency finds that the
proposed project may have a significant effect on the environment, the Lead
Agency must prepare an EIR or have one prepared by an outside contractor or
by an applicant. In either case, the agency is entirely responsible for its
adequacy and objectivity. A Lead Agency is authorized to collect a reasonable
fee to defray its own costs for preparing an EIR or negative declaration when
the project requiring one is proposed by an applicant outside the agency —
i.e., an applicant is required to pay the cost of a contractor.
If the Lead Agency prepared either an EIR or negative declaration or has
it done by a contractor, the agency may require the applicant to furnish all
necessary data and information. As noted above, if this takes the form of a
draft EIR, it must be reviewed and amended as needed so that it reflects the
independent judgment of the Lead Agency.
Only the highlights of the mandated contents of an EIS are summarized
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briefly here. The reader who requires more detail is referred to Article 9,
Title 14.
The precise location and boundaries of the proposed project are to be
shown both on a detailed map and on a regional map. The project's objective
and technical, economic, and environmental characteristics must also be
stated. However, it is noted that extensive detail beyond that needed for
evaluation and review of the environmental impact is not necessary.
The local and regional environmental setting of the proposed project
must be described with emphasis on resources rare or unique to the region and
with specific reference to related projects which might engender a cumulative
impact. The following aspects of environmental impact must be specifically
addressed:
1. Direct and indirect
2. Short-term and long-term
3. Specifics of the area
4. Resources involved
5. Physical changes
6. Alterations to ecological systems
7. Changes in population distribution and concentration
(commercial and residential)
8. Changes in water and scenic quality and public services
Adverse environmental impacts must be described including those which
can be reduced, but not eliminated, along with reasons for proposing the pro-
ject, its effects notwithstanding. Measures to mitigate adverse effects and
alternatives where available are to be outlined including identification of
the levels of reduction.
Alternatives to the project itself or its location must be described in-
cluding those which would substantially impede project objectives and are
more costly. The specific alternative of "no project" and its impact must
always be evaluated. Any irreversible environmental changes such as use of
non-renewable resources and growth-indueing impacts must also be discussed.
Water quality aspects of the proposed project, including those which
have been previously certified by the appropriate state or interstate agency
as being in substantial compliance with applicable water quality standards,
must be specifically described.
When the draft EIR is completed the Lead Agency must consult with and
obtain comments from public agencies with jurisdiction by law with respect to
the proposed project and should consult with special relevant expertise. In
addition, an opportunity for comment by the general public should be provided,
and public hearings may by held. (Underlining is added for emphasis on the
precise connotation of each of these terms. According to Section 15015 of
the guidelines, "must" identifies a mandatory element; "should" implies
policy considerations and means that the action should be taken in the ab-
sence of compelling, countervailing considerations; and "may" identifies a
permissive element which is left fully to the discretion of the public
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agencies involved. There is a major distinction here as discussed below un-
der "Public Participation.")
The Lead Agency then must evaluate the comments of all reviewers and
prepare the final EIR. The final document contains the draft EIR or a re-
vision; comments and recommendations received or a summary thereof; a list of
reviewers; and the responses of the Lead Agency to significant environmental
points raised. If a project is approved a Notice of Determination is filed.
Each responsible agency shall consider the Lead Agency's final EIR before
acting upon or approving the subject project.
Timing of EIR Procedures—Several statements regarding the timing of
implementing EIR requirements are noteworthy. The first of these is that pub-
lic agencies should carry out their responsibilities for preparing and review-
ing EIR's within a reasonable period of time. Further, Section 15054 states
that the requirements for the preparation of an EIR should not cause undue
delays in the processing of applications for permits or other entitlements to
use. (Emphasis added.)
Despite provisions such as this, delays have been a common problem in
the environmental assessment procedure generally and are not confined to
California. They are typified, however, by the fact that it took 38 months
from the date of application to complete a final EIR on a recent unit at The
Geysers. This compares with an average of 5.3 months for the whole permit
procedure for earlier units [15]. This situation suggests that the language
of the guidelines may not be the real culprit — i.e., the major delay may
be a "people" probLem, both in the public sector in its participatory role
and in the implementation of the guidelines.
Section 15160 requires that the Lead Agency provide adequate time for
review of an EIR by other agencies and the public. Review periods of not
less than 30 nor more than 90 days except in unusual circumstances are sug-
gested for draft EIR's. It is noted specifically, however, that a review
period of an EIR does not require a halt in other planning activities related
to a project. (Emphasis added.) Planning should continue in conjunction
with an environmental evaluation. N
If a reviewer (agency or person) fails to comment within a reasonable
time as specified by the Lead Agency and does not seek an extension, it shall
be assumed that the agency or person has no comment to make.
Public Participation—While public hearings are not made mandatory as
discussed above, and are not required by the Environmental Quality Act of
1970, the guidelines stress that wide public involvement, both formal and in-
formal, is a desirable goal. All agencies should make provision for such
procedure in order to properly review and evaluate public reactions, adverse
and favorable, based on environmental issues. No timeframe is suggested.
Alaska
The Department of Environmental Conservation reviews and comments on pro-
jects that may potentially affect the state's environment. The state has no
89
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environmental impact act.
Arizona
"Requirements for Environmental Impact Statements" are followed by the
Arizona Fish and Game Commission in the preparation of an EIS. Essentially,
the outline is a reiteration of the major category headings of the Council on
Environmental Quality (CEQ) EIS guidelines such as "Alternatives to the Pro-
posed Action."
Colorado
A sunshine law in Colorado enables the public to attend and comment on
any state action, including geothermal leasing. No environmental quality act
has been enacted.
Hawaii
In 1974, Hawaii established its Environmental Quality Commission (Chapter
343, Hawaii Revised Statutes) and enacted an Environmental Policy Act (Chapter
344 of the Statutes). An environmental impact statement is required if an
action would have significant effects and utilize state or county funds or
lands. This is particularly applicable to lands in a conservation district as
specified by the State Land Use Commission; lands within the shoreline area
or within 300 feet seaward of the shoreline area; lands within any historic
site as designated in the National or Hawaii Register or the Hawaii Revised
Statutes; and lands within the Waikiki-Diamond Head area of Oahu. The agency
with initial jurisdiction over a proposed action must make threshold determi-
nations and then submit a request for an EIS to the Commission. If the Com-
mision then determines that an EIS is needed, the EIS is prepared and reviewed
by the public. The governor or the mayor of the county involved then makes a
final determination as to the environmental acceptability of the proposed
action.
If both NEPA and the state's act apply, the draft statement has to be
submitted to the Hawaii Environmental Quality Commission 30 days prior to sub-
mission to CEQ. The final impact statement also is reviewed and approved by
the Commission. Feasibility or planning studies are exempted from the EIS
requirement.
No formal regulations have yet been issued.
Idaho and Louisiana
No environmental impact requirements.
Montana
The State Department of Health and Environmental Sciences Regulations
16-2.2(2)-P2000 through P2080 implement Chapter 65, Title 69, of the Montana
Environmental Policy Act. A policy statement preceding the MEPA rules re-
quires that the state Board of Health and Environmental Sciences and Department
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of Health and Environmental Sciences conform to the procedures established in
the rules prior to finalization of their decisions.
Environmental impact statements are to be prepared on proposals for pro-
jects, programs, legislation, and other major actions of state government
significantly affecting the human environment. The following criteria nor-
mally require the preparation of an EIS:
1. The action may significantly affect environmental attributes recog-
nized as being endangered, fragile, or in severely short supply.
2. The action may be either significantly growth-inducing or growth-
inhibiting.
3. The action may substantially alter environmental conditions in terms
of quality or availability.
The steps of EIS preparation and review procedures allowed for are very
similar in objectives to the California guidelines described in detail above.
Nevada
No environmental guidelines have been issued pursuant to Chapter 311 of
58 Nevada Revised Statute Laws of 1971.
New Mexico
In 1973, the state suspended its Environmental Quality Act of 1971 in
order for the legislature to enact a new environmental policy act. To date,
no such action has occurred.
Oregon
Oregon has no environmental impact legislation. However, the Department
of Environmental Quality may "advise, consult, and cooperate" with other agen-
cies in matters pertaining to protection and enhancement of Oregon's environ-
ment.
Texas
The Interagency Council on Natural Resources and the Environment publish-
ed the Texas "Policy on the Environment" in 1972. This Policy plus guidelines
and procedures are all contained in the "Environment for Tomorrow: The Texas
Response" prepared by the Division of Planning Coordination, Office of the
Governor, January 1, 1973. The policy solicits interagency cooperation and
review of participants in order to minimize the environmental effects of a
proposed activity and to develop alternatives that would abate environmental
problems.
Utah
Each state agency within Utah is required, via an Executive Order issued
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August 27, 1974, by the Governor, to issue an EIS for every state action it
proposes or is administratively responsible for. An Environmental Coordinat-
ing Committee ("ECC") was established to advise, oversee, and review environ-
mental impact statements by the relevant state agencies. The ECC's comments
and determination as to the significance of the impacts are then forwarded to
the Economic and Physical Development Interdepartmental Coordination Group,
which will then repeat the procedure followed by the ECC. The Governor is
then informed of these determinations and approves or rejects the findings.
The proposing state agency is responsible for any EIS preparation and for sub-
mission of said document to the above-mentioned parties. "Significant" in-
cludes impact for mineral resource development, from archaeological impairment,
or any environmental factors deemed to be important by a public agency. Pri-
vate party actions are exempt unless a state agency is involved in licensing
or funding.
Washington
The Environmental Policy Act of 1971 (Revised Code of Washington, Chapter
43.2C (Suppl. 1973) was enacted and amended with Chapter 179 of the Laws in
1974. The "Guidelines for Implementation of the State Environmental Policy
Act of 1971" are presently being revised.
All branches of the state government, including municipal corporations,
fall within the jurisdictions of the Act. If a government agency takes action
with respect to a private or state party and the action is major and signifi-
cantly affects the quality of the environment, an environmental impact state-
ment has to be prepared.
The guidelines are essentially the same as those promulgated by CEQ. All
policies and laws of the State are to be administered in accordance with the
Environmental Policy Act. Separate agencies are requested to issue internal
guidelines so as to facilitate the environmental review process. Threshold
decisions are required for determination of whether an EIS is necessary. The
Washington Council on Environmental Quality oversees the implementation and
enforcement of the Act.
The Shoreline Management Act (Chapter 286, Laws of 1971) can necessitate
preparation of an EIS if the environment of the shore would be impacted ad-
versely. There are no specific EIS requirements, yet the permitting process
is used to evaluate environmental impacts.
Wyoming
The Environmental Quality Act of 1973, as amended in 1974 and 1975 (Ch.
250, Section 1, 1973 Laws), is general and applies to mining activities that
do not, by definition, include geothermal resource development.
AIR POLLUTION
A review of the air pollution regulations of 14 states and four counties
in Califprnia with known geothermal resources has substantiated the fact that
many of their provisions are similar to each other and identical in some cases.
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There are several reasons for this. In addition to the degree of uniformity
engendered by federal requirements, states have adopted model provisions
drafted by various organizations other than EPA and its predecessors. Another
reason is the proclivity of jurisdictions to adopt the environmental controls
of another. Much of the language in general air pollution usage today derived
from the Los Angeles County regulations where regulation of this type began.
Thus, it was not surprising to find that the many state documents reviewed
lend themselves to a large degree to general summaries applicable to all, with
individual summaries limited to those areas of individual interest.
This similarity also points to the conclusion that potential geothermal
developers are not likely to find a state which is an air pollution control
"haven," so to speak, at least insofar as the language and numerous limita-
tions of the regulations are concerned. The history of environmental regula-
tion indicates very strongly that what one state imposes today may very well
be adopted by another tomorrow as suggested above.
The summaries do not dwell on those provisions of air pollution regula-
tion which are more general in nature. Procedures, as such, are omitted, in-
eluding hearing procedures. Hearings are provided for by most states and the
federal government at almost any point in the regulatory process when they are
in the interest of the operator and/or the public. This assurance is virtual-
ly guaranteed by the NEPA-type process.
Permits
All states require some form of permit for the construction, modification,
and operation of sources or potential sources of air pollution. In addition,
sources existing at the time the regulations are promulgated are often subject
to a registration system which serves essentially the same purpose as the
permit for a new or modified source. Whatever the nomenclature, the require-
ments are very similar.
The information required is quite comprehensive. It may include any or
all of the following: a description of the production processes and related
flow chart; a plot plan showing the height and location of all air contaminant
sources and location of the nearest residential or commercial property; type
and quantity of fuels used; amount, nature, and duration of emissions; esti-
mated efficiency of control equipment under present or anticipated operating
conditions; evidence that the emissions will not cause the national ambient
air standards or NSPS to be exceeded, or, alternatively, an abatement sched-
ule which will bring emissions into compliance; evidence that the proposed
facility will not cause significant deterioration of existing air quality in
specified areas; evidence that it is located in accordance with official land
use planning; certification that it will utilize the best available control
technology; and installation of monitoring equipment.
Some of these requirements could be far less innocuous for potential geo-
thermal operators than for established industries because of the unknowns, or
at least uncertainties, surrounding several of the facts which must be pro-1
vided. Emission character and control equipment efficiencies will be particu-
larly difficult to forecast due to lack of experience.
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Variances
Variances from air pollution regulatory requirements are provided for in
most of the regulations reviewed, although it was noted that this is not the
case in those of Alaska and Arizona. Requests for variances are generally on
the basis that compliance with a given requirement or requirements would cause
an unreasonable hardship. This claim must be factually supported. The con-
trol agency then must determine the relative advantages and disadvantages to
the public of the proposed variance vs. an order for compliance.
Particulate Standards
A survey of the particulate emission standards of geothermal states shows
a great deal of similarity in approach although some variance in stringency.
Nine of the states and some California Air Pollution Control Districts (APCD)
base a particulate emission limitation which would be applicable to geothermal
power plants on process weight per hour. In most cases, "process weight"
means the total weight of all materials introduced into a specific process
which may cause particulate emissions. The State of Wyoming, however, has ex-
cluded "the weight of any water, water vapor, or steam," Equations are fur-
nished for calculating maximum emission rates for process industries with a
process weight of 60,000 pounds per hour or less and for those with
a process weight greater than 60,000 pounds per hour. In the less stringent
regulation used by six western states and Louisiana, the equations are as
follows for the smaller and larger processes respectively:
E = 4,10 P°'67 (smaller)
E = 55.0 P°-13-40 (larger)
where: E = the maximum allowable particulate emissions rate in kilograms
(pounds)-mass per hour; and P = the process weight rate in kkg (tons)-mass
per hour.
What this works out to is an emission rate of approximately 1.23 kg
(2.75 Ib) of particulate matter for the first 450 kg (1,000 Ib) of process
weight per hour ranging up to 31 kg (69 Ib) at 450,000 kg (1,000,000 Ib) pro-
cess weight per hour. This standard is employed in Idaho, Nevada, Montana,
Oregon, for existing sources in Wyoming, and Arizona for areas outside Phoenix
and Tucson. It is also used in the APCD's in which Lake, Mendocino, Sonoma,
and Imperial Counties are located in California although there is some varia-
tion in application — for example, in the Northern Sonoma County regulations
the equation shown here for use with the small process weight (60,000 pounds
per hour or less) is applicable for all weights.
For Phoenix/Tucson in Arizona, new sources in Wyoming, and in Colorado,
the equations become more stringent as follows:
E = 3.59 P°'62
E = 17.31 P°-16
The hourly emission rate then drops to about 2.25 and 46.72 pounds per
94
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hour,' respectively, for the smaller and larger sources, discussed above. The
Texas regulation is considerably more lenient than those derived by either of
the above sets of equations for facilities with certain stack heights, al-
though the allowable emission is reduced if the height is less than specified.
Other states impose a particulate emission standard based on grains per
standard cubic foot of dry exhaust gas. In Washington state, the standard is
0.1 grains. Alaska applies 0.05 grains to new sources and 0.15 to existing
sources.
The State of Utah simply requires 85 percent control of particulate emis-
sions with no control as a base.
Another form of particulate control is a limitation on the darkness or
opacity of a plume. The limit in most of the states surveyed is No. 1
Ringelmann, although a few apply this only to new sources and permit up to
No. 2 for existing sources. Since smoke is not a factor in geothermal opera-
tions, opacity is the controlling interest. However, in many cases, when
opacity exceeds the standard because of the presence of uncombined water or
condensing water vapor, this is not a violation. Some states, such as Nevada
and Washington, put the burden of proof on the operator and others do not.
The ambient air standards for particulate matter reviewed are rather
stringent in that most of them utilize the federal secondary standard rather
than the primary one. This is 60 yg/m^ as an annual geometric mean and a
maximum 24-hour concentration of 150 yg/nr* not to be exceeded more than once
per year. By 1980, Colorado will impose a 24-hour limit of 45 yg/m^ state-
wide. Montana adopted the federal primary 24-hour standard of 75 yg/nH but
a lower annual mean of 200 yg/m^ as opposed to 260 in the federal primary
standard. The Idaho regulations embrace both the primary and secondary stan-
dards and apply them to all areas of the state outside a property line. The
federal Clean Air Act requires states to attain the primary standards within
three years after their implementation plan is approved and to achieve the
secondary standard within a "reasonable time." The state regulations do not
establish time frames.
Still another type of particulate control which will be of concern during
the site preparation and drilling phases of geothermal development is the con-
trol of fugitive dust. Nearly all states require use, where possible, of
water or chemicals for control of dust during the clearing of land, construc-
tion operations, and grading of roads. There are also various specific re-
quirements for gravel use and paving and some numerical limits on dustfall.
It is not necessary to spell out each of these here because, while they may
constitute what an operator considers a nuisance in the series of environ-
mental controls he finds he must undertake, there are no such requirements
which could conceivably affect the pace of geothermal development.
Sulfur Dioxide Standards
Sulfur dioxide standards are variously expressed in parts per million
(ppm), a volume-to-volume measurement, and micrograms per cubic meter (ygm ),
a weight-to-volume value. In the following discussion, standards promulgated
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in ppm are converted to yg/nP, and vice versa. The reference conditions
assumed for the conversions are those upon which the federal S02 ambient air
standards are based — 25°C (77°F) and 760 mm of mercury (14.7 psi). These
precise values are not uniformly used by all states as standard conditions —
for example, 21°C (70°F) and 15.6°C (60°F) are used by Alaska and Arizona,
respectively, so some conversions are approximate only, although close enough
for the comparative purposes of this report.
In several of the states surveyed there are no emission standards on
sulfur oxides which could be interpreted as applicable to geothermal produc-
tion or use. This is because the emission standards for this pollutant are
geared strictly to combustion of fuel or to other specific industries. No
applicable SC-2 emission standard was found in Idaho, Montana, New Mexico,
Oregon, or Wyoming. Utah simply requires new installations with a potential
for emitting sulfur compounds to avoid exceeding the national primary and
secondary ambient air standards and new source performance standards and ex-
isting installations to control sulfur emissions in such a manner that the
standards shall never be exceeded.
Colorado presently places a 1,333,500 yg/m3 (500 ppm) S02 emission limit
on existing process units, and new sources are limited to 1,333,500 yg/m3
(500 ppm) with a 4.5 kkg (five ton) per day maximum emission. The latter will
be applied to existing sources in 1978. Either type of source is exempt if
the emissions are at 400,050 yg/m3 (150 ppm) SO^ or below. The Colorado sul-
fur standard includes all oxidized forms of sulfur including sulfuric acid
mist, such as that experienced in the vicinity of The Geysers. The Washing-
ton state emission limit is 2,667,000 yg/nr* (1,000 ppm) as is that of Lake
and Sonoma Counties, California. Louisiana has continued a 5,334,000 ygm/3
(2,000 ppm) limit.
The Nevada sulfur emission standard is somewhat more complex and reads
as follows:
"No person shall cause, suffer, allow, or permit the emission of
sulfur compounds where the sulfur originates in the material be-
ing processed (excluding sulfur from all solid, liquid, or
gaseous fuel), in excess of the quantity determined by the fol-
lowing equation:
E = 0.271 pO-904 (0.292 P°.904)
when E is equal to or greater than 5 kg (11 Ib) per hour.
Where: E is the allowable sulfur emission in kilograms (pounds)
per hour.
P is the total feed sulfur in kilograms (pounds) per hour."
In Arizona, reduced sulfur emissions -- including sulfur dioxide, sulfur
trioxide, and sulfuric acid — are limited to 10 percent of the sulfur enter-
ing the process as feed.
In Mendocino County, California, there are S02 emission standards based
on ground-level measurement. The limits are 5,334 yg/m3 (2.0 ppm) at any
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time, 107 yg/m3 (0.04 ppm) for a 24-hour average, and 1,333 yg/m3 (0.5 ppm)
for a one-hour average.
The Northern Sonoma County regulations place limits on sulfur emissions
from sulfur recovery units producing elemental sulfur. These are:
1. 800,100 yg/m3 (300 ppm) by volume of sulfur compounds calculated as
S02
2. 714,000 yg/m3 (10 ppm) by volume of H2S
3. 90.8 kg (200 lb)/hr of sulfur compounds calculated as S02
Discharges containing less than 4.5 kg (10 Ib) per hour may be diluted to
meet the standard. In Imperial County, emissions of sulfur compounds calcu-
lated as S02 are prohibited in excess of 0.2 percent by volume.
In some cases, the state ambient air standards for sulfur oxide are some-
what more restrictive than the federal standards which are:
Primary
Annual arithmetic mean - 80 yg/m3 (0.03 ppm)
Maximum 24-hour concentration - 365 yg/m3 (0.14 ppm)
Secondary
Maximum 3-hour concentration - 1,300 yg/m3 (0.50 ppm)
Colorado, Nevada, Oregon, and Wyoming have reduced the annual mean to 60 ygm/3
(0.02 ppm), some of the others are slightly lower than the federal primary
standard, and others went along with the above values. Hawaii is by far the
most restrictive with a mean limitation of 20 yg/m3 (.008 ppm) and a 24-hour
peak maximum of 80 yg/m3 (0.03 ppm).
Hydrogen Sulfide Standards
Four of the 15 states covered by this report have a hydrogen sulfide am-
bient air standard, two have promulgated H2S emission standards, and three
others have some type of standard on total reduced sulfur (TRS) compounds
which could impact geothermal operations, All of these standards are set
forth in the footnotes of Table V-4.
Hydrocarbon Standards
The federal primary and secondary ambient air standard for hydro-
carbons, measured and corrected for methane by a method set forth in an
appendix to 40 CFR Part 50, is: 160 yg/m3 (0.24 ppm) maximum three-hour con-
centration (6 to 9 a.m.) not to be exceeded more than once per year. Only
two states were found to have lower limitations — New Mexico at 0.19 ppm
and Hawaii at 100 yg/m3.
Nitrogen Dioxide Standards
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TABLE V-4. STATE H2S STANDARDS APPLICABLE TO GEOTHERMAL DEVELOPMENT*
Ambient 1
Air Emission TRS1
Alaska - 2
Arizona - - 3
California 4
Colorado -
Hawaii - - -
Idaho - -
Louisiana - -
Montana 5 -
Nevada - 6 -
New Mexico 7 - 8
Oregon - -
Texas - 9
Utah - -
Washington - -
Wyoming 10 - -
* 3
Some t^S standards are expressed in ppm and some in yg/m . In
order to convert one to the other for the benefit of comparison,
standard conditions of 25°C (77°F) and 76 mm of Hg are assumed,
although these values are not uniform throughout all state stan-
dards. Therefore, the conversions are approximate.
1
Total Reduced Sulfur - includes some combination of hydrogen sul-
fide, mercaptans, dimethyl sulfide, dimethyl disulfide, or other
organic sulfides. No effort is made to convert ppm to yg/m^ or
vice versa because of the wide variation in substances which may
comprise TRS.
o
50 yg/m^, l/2^hr. max. not to be exceeded more than once/yr.
3
Reduced sulfur emissions including but not limited to S02, 803,
and H2S04 shall not exceed 10% of the sulfur entering the process
as fuel.
4 n
Less than 42 yg/irr (0.03 ppm) as max. 1-hr. av.
70 yg/nr* (0.05 ppm), 1/2-hr, av. not to be exceeded more than
twice/yr.; 42 yg/m^ (0.03 ppm) 1/2-hr, av. not to be exceeded more
than twice/5 consecutive days.
Continued
98
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TABLE V-4 (Continued)
Emission of sulfut compounds Where the sulfur originates in the
material being processed (excluding sulfur from all solid, liquid,
or gaseous fuel) , may not exceed the quantity determined by the
following equation:
E = 0.271 pO-904 (0>292 P0.904)
when "E" is equal to or greater than 5 kilograms (10 pounds) per
hour.
Where:
"E" is the allowable sulfur emission in kilograms (pounds) per
hour.
"E" is the total feed sulfur in kilograms (pounds) per hour.
When "E" is less than 5 kilograms (10 pounds) per hour, the gas
stream concentration shall not exceed 1,000 ppm by volume.
0.003 ppm, 1-hr. av. (for the state except the Pecos-Permian Ba-
sin Intrastate Air Quality Control Region)
0.100 ppm, 1/2-hr, av. (for the Pecos-Permian Basin Intrastate AQCR)
0.030 ppm, 1/2-hr, av. (after 1/1/76, for within corporate limits
of municipalities within the Pecos-Permian Basin Intrastate AQCR)
0.030 ppm, 1/2-hr, av- (after 1/1/78, for within 5 miles of the
corporate limits of municipalities with a population greater than
20,000 and within the Pecos-Permian Basin Intrastate AQGR)
80.003 ppm, 1-hr. av. (for the state except the Pecos-Permian Ba-
sin Intrastate AQCR including H2S)
0.010, 1/2-hr, av. (for the Pecos-Permian Basin Intrastate AQCR,
except for
0.003 ppm, 1/2-hr, av. (after 1/1/76, for within corporate limits
of municipalities within the Pecos-Permian Basin Intrastate AQCR,
except for H2S)
0.003 ppm, 1/2-hr, av. (after 1/1/78 for within 5 miles of the
corporate limits of municipalities with a population greater than
20,000 and within the Pecos-Permian Basin Intrastate AQCR, except
for H2S)
^Emissions of I^S from a source or sources operated on a property
or multiple sources operated on contiguous properties may not exceed
a net ground level concentration of 112 vig/m3 (0.08) averaged over
Continued
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TABLE V-4 (Continued)
any 30-minute period if the downwind concentration of I^S affects
a property used for residential, business, or commercial purposes.
Emissions of H£S from a source or sources operated on a property or
multiple sources operated on contiguous properties may not exceed a
net ground level concentration of 168 yg/m (0.12 ppm) averaged over
any 30-minute period if the downwind concentration of I^S affects
only property used for other than residential, recreational, busi-
ness or commercial purposes, such as industrial property and va-
cant tracts and range lands not normally occupied by people. (See
Appendix J for procedures for determining net ground level concen-
trations. )
•"•"70 yg/m (0.05 ppm), 1/2-hr, av. not to be exceeded more than
twice/yr; 40 yg/m3 (0.03 ppm) 1/2-hr, av. not to be exceeded more than
twice/5 consecutive days.
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The federal primary and secondary ambient air quality standard for nitro-
gen dioxide is 100 ug/m .
Odors
Odor regulations range from none at all, to non-specific ones, to the
very stringent ones of Montana described earlier. The Idaho regulations con-
tain an example of the non-specific type which it applies to all sources for
which no other gaseous emission control regulations apply. It states:
"No person shall allow, suffer, cause, or permit the emission of
odorous gases, liquids or solids into the atmosphere in such
quantities as to cause air pollution."
In others, prohibited odor is defined as one which is still detectable
after a certain number of dilutions with odor free air as determined by a
scentometer or equivalent device. In the Wyoming regulations and those of
Colorado applicable to residential and commercial areas, the number of dilu-
tions is seven; in Nevada, it is eight. In Colorado, 15 dilutions are per-
mitted in areas other than residential or commercial, and when the source of
odor is a manufacturing process, the dilutions go up to 127. Frequently,
the proviso is added to this type of regulation that two odor measurements
within one hour separated by at least 15 minutes are necessary before the
odor occurrence is considered a violation.
Air Pollution Episodes
The Clean Air Act requires the states to adopt plans for action when
air pollution reaches levels determined to require an alert, a warning, or
to constitute an emergency situation. Because of the more remote location of
most geothermal resources, it is not anticipated that development of them
will become a major contributor to such situations in the foreseeable future.
Nor are production and use operations likely to be affected by them.
The brief descriptions of air pollution control requirements by state
which follow are not intended to summarize entire sets of regulations. In-
stead, they point up interesting facets of regulations not included in the
above summaries or set forth unusual provisions not found in the others. A
list of air pollution control statutes and regulations for the 15 states sub-
ject to this report are shown in Table V-5. Implementing agencies are listed
in Table V-2.
Alaska
Air pollution control in Alaska is authorized by Title 46, Alaska Sta-
tutes, Water, Air, and Environmental Conservation; the Department of Environ-
mental Conservation is given implementing authority. Local air pollution
control program requirements must be compatible with those of the state. In
the absence of a municipal program or by reason of a deficient program, the
state's air pollution program supersedes the local ordinances, regulations,
and requirements. The Department may retain control of a particular class of
air contaminant source because (1) its complexity or magnitude is beyond the
reasonable capability of local control authorities; or (2) it may be more
efficiently and economically controlled at the state level.
The state has emergency powers to force immediate discontinuance of any
activity which in the judgment of the Commissioner of the Department of Envi-
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TABLE V-5. STATE STATUTES AND REGULATIONS
Air Pollution Control
State
Alaska
Arizona
California
Colorado
Hawaii
Idaho
Louisiana
Montana
Nevada
New Mexico
Oregon
Statute
Title 46, Alaska Stat-
utes, Water, Air, and
Enviornmental Conserva-
tion.
A.R.S., Air Pollution
Control Laws Titles
28 and 36
Recodification of Cali-
fornia Air Pollution
Control Laws, Chapter
957, Statutes of 1975
Air Pollution Control
Act of 1970, Chapter 64,
Colorado Session laws
1970
Environmental Conserva-
Laws and Regulations
vol. 1, Part II, Air
Pollution, as amended
Air Pollution Control
Act, as Amended, Idaho
Cpde Title 39, Chap-
ter 29
Air Control Law, Act
1964 No. 259
Clear Air Act of
Montana
Regulation
Title 18, Environmental
Conservation, Chapter 50,
Air Quality Control Alaska
Administrative Code
Rules and Regulations for
Air Pollution Control,
Chapter 3, Articles 1-12
Air Pollution Control Reg-
ulations No. 1-9; Common
Provisions Regulation; Am-
bient Air Standards for
Metropolitan Denver AQCR,
State Air Pollution Control
Areas, and the State of
Colorado.
Air Pollution Regulations,
Environmental Laws and
Regulations, Vol. II.
Rules and Regulations for
the Control of Air Pollu-
tion in Idaho
Regulations, Air Control
Commission
Air Quality Rules
Nevada Revised Statutes Air Quality Regulations
Air Quality Control
Act, Chapter 277, Laws
of 1967, as amended
Oregon Air Pollution
Control Laws, ORS of
1969, Chapter 468
Air Quality Control Reg-
ulations
Chapter 340, Oregon Adminis-
trative Rules Compilation,
Division 2, Air Pollution
Control
Texas Clean Air Act, codi-
fied as Article 4477.5
Utah Air Conservation Act,
26-15-4 and 26-24-5,
Utah Code Annotated,
1953, as amended
Washington Clean Air Act, Chap-
ter 70.94, RCW
Wyoming Chapter 9.1, Articles
1-11, Wyoming Statutes,
1973 Cumulative Supple-
ment
Air Control Board General
Rules and Regulations
Air Conservation Regula-
tions
General Regulations for Air
Pollution Sources, Chap-
ter 18-04, WAC, and mis-
cellaneous specific rules
and regulations
Air Quality Standards and
Regulations
102
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ronmental Conservation presents an imminent or present danger to the health
or welfare or would be likely to result in irreversible or irreparable damage
to natural resources or the environment.
Title 18, Chapter 50, Alaska Administrative Code, Air Quality Control—
In addition to the ambient air quality standard for reduced sulfur com-
pounds shown in Table V-4, there is an emission standard for this class of
pollutants, expressed as H-S on a dry basis, relating to such compounds ema-
nating from kraft pulp mills. However, there is presently no H-S emission
standard applicable to other types of sources. This point is interesting
here only to point up the fact that Alaska has prepared this kind of regula-
tion in advance to meet the eventuality of kraft pulp mills, of which it
presently has none, and that the same precaution has not been extended to
potential geothermal operations.
The Department may require a special permit for new industrial facilities
in areas of potential ice fog and the reduction of water emissions.
Arizona
The Arizona Department of Health Services is given authority to control
air pollution in the state by Section 36-1707 and 36-1717 of the Arizona Re-
vised Statutes. The Department issued the following regulations on October 1,
1975.
Arizona Rules and Regulations for Air Pollution Control—
In addition to its ambient air quality standards for the six pollutants
enumerated previously, Arizona's regulations set forth air quality goals for
ultimate achievement on four of them. No target date is suggested for the
goals. The concentration limits of the goals compare with the standards as
follows:
Non-Specific Particulate Standard Goal
Maximum 24-hour arithmetic average- Maximum 24-hour average-
150 yg/m 100 yg/m
Non-Methane Hydrocarbons Standard Goal
3-hour average (6 - 9 a.m.) - 3-hour average (6-9 a.m.) -
160 yg/m3 80 yg/m
Carbon Monoxide Standard,, Goal
1-hour average - 40 mg/m, 3
8-hour average - 10 mg/m 8-hour average - 7 mg/m
A possibly pertinent provision of the regulations is that they are not to
be interpreted to prevent the discharge or emission of an aqueous steam in the
open air unless such discharge constitutes a safety hazard.
California
Air pollution is controlled in California under Chapter 957, Statutes of
1975, Recodification of California Air Pollution Control Laws. The State Air
Resources Board in the Resources Agency is the control agency for mobile
sources, although regulatory and enforcement powers over stationary sources
are vested in air pollution control districts. The APCD's may embrace only
one county or may be regional in scope. The regulations of the APCD's embrac-
ing Northern Sonoma County where The Geysers are located, neighboring Lake
County, Mendocino County, and Imperial County were reviewed as representative
103
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of the known geothermal areas.
The Northern Sonoma County APCD has adopted a new set of regulations
establishing specific H~S emissions standards applicable to both geothermal
power plant emissions and those of the pre-power emissions — well drilling,
testing and clean-out, well bleeds, and other attendant functions. The stan-
dards for power plants set two maximum six-month average H^S emissions limi-
tations to be effective September 30, 1976, and June 30, 1978, respectively —
631 and 386 kg (1,390 and 850 Ib) H«S/hr — and two maximum 24-hour averages
— 704 and 443 kg (1,550 and 975 lb)/hr — to be achieved by the same dates.
New limitations for 1979 and 1980 application will be promulgated later after
review of available technology, air quality, emissions, and meteorological data.
The total pre-power plant emissions of H,,S associated with all existing
geothermal power plants are limited to an annual average of 81.7 kg (180 Ib)/
hr as of December 31, 1976, and to 68.1 kg (150 lb)/hr on December 31, 1978.
New standards will be set for 1980 achievement. The total pre-power plant
emissions of H_S associated with new power plants are not to exceed 7.5 per-
cent of the annual H«S produced with the steam supply or 70 percent for greater
than 24 hours. This 24-hour standard is also applied to pre-power emissions
during shutdown of existing power plants whose H_S emissions have been abated.
In addition, the North Sonoma County APCD regulations limit ground-level
concentrations of total reduced sulfur (TRS) compounds to 0.03 ppm for 60
minutes expressed as H_S. TRS emissions are limited to 60 ppm by volume or to
total daily weight calculated by the formula, whichever is more restrictive:
TRS (Ib/day) - 0.12 (H )2
s
H = height in feet of the emission point above mean ground elevation
S
Minimum ground elevation is computed as the arithmetic average of the highest
and lowest ground-level elevations within a 1,000 yard radius of the emission
point.
In Mendocino County the allowable fallout particulate matter is limited
to 5.25 kkg/km (15 tons/mi ) in a residential or commercial area, based on a
one-month averaging period, and 10.50 kkg/km (30 tons/mi ) in industrial
areas. Sonoma County exempts from permit requirements water cooling towers
and water cooling ponds not used for evaporative cooling of water from baro-
metric jets or from barometric condensers.
The California state ambient air quality standards are shown in Table V-6.
They are applicable statewide, with the exception of those for the Lake Tahoe
Air Basin, and their achievement must be supported by adequate basinwide air
pollution control standards as well as those of the APCD's. There are no
other statewide air pollution control regulations in California.
Colorado
The Colorado Air Pollution Control Act of 1970 gives the Air Pollution
Control Commission, Department of Health, the power to adopt implementing reg-
ulations. Pertinent features of these which are not summarized above follow:
Ambient Air Standards for Metropolitan Denver Air Quality
Control Region, Air Quality Control Areas, and the State of Colorado—
Colorado effectively has two particulate ambient air standards at present
— one level for its metropolitan areas and one for less developed areas. The
104
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TABLE V-6. AMBIENT AIR QUALITY STANDARDS
Pollutant
Oxidant
(Ozone)
Carbon Monoxide
Nitrogen Dioxide
Sulfur Dioxide
Suspended
Particulate
Matter
Lead
Hydrogen Sulfide
Hydrocarbons
(Corrected for
Methane)
Ethylane
Visibility
Averaging Time
1 hour
12 hour
8 hour
1 hour
Annual Average
1 hour
Annual Average
24 hour
3 hour
1 hour
Annual Geometric
Mean
24 hour
30 Day
Average
1 hour
3 hour
(6-9 a.m.)
8 hour
1 hour
1 observation
California standards*
Concentration3
0.10 ppm
(200 ug/m3)
10 ppm
(11 mg/m3)
40 ppm
(46 mg/m3)
-
0.25 ppm
(470 ug/m3)
-
0.04 ppm
(105 ug/m3)
-
0 . 5 ppm
(1310 ug/m3)
60 ug/m3
100 ug/m3
1.5 ug/m3
0.03 ppm
(42 ug/m3)
-
0 . 1 ppm
0 . 5 ppm
Method4
Ultraviolet
Photometry
Infrared
Spectroscopy
Saltzman
Method
High Volume
Sampling
High Volume
Sampling
Dithizone
Method
Cadmium
Hydroxide
Stractan
Method
-
-
In sufficient amount to ( 8)
reduce the prevailing visibil-
ity to less than 10 miles when
the relative humidity is less
than 70%
National Standards2
Primary3-5
160 ug/m3
(0.08 ppm)
-
10 mg/m3
(0 ppm)
40 mg/m3
(35 ppm)
100 ug/m3
(0.05 ppm)
-
80 ug/m3
(0.03 ppm)
365 ug/m3
(0.14 ppm)
-
75 ug/m3
260 ug/m3
-
-
160 ug/m3
(0.24 ppm)
-
-
Secondary3-6
Same as
Primary Std.
Same as
Primary
Standards
Same as
Primary
Standards
-
1300 ug/m3
(0.5 ppm)
•
6 0 ug/m3
150 ug/m3
-
-
Same as
Primary
Standards
-
-
Method7
Chemi luminescent
Method
Non-Dispersive
Infrared
Spectroscopy
Proposed :
Modified J-H
Saltzman (03 corr.)
Chemi luminescent
Pararosaniline
Method
High Volume
Sampling
-
Flame lonization
Detection Using
Gas Chromatography
-
NOTES:
1. California standards are values that are not
to be equaled or exceeded.
2. National standards, other than those based on
annual averages or annual geometric means, are
not to be exceeded more than once per year.
3. Concentration expressed first in units in
which it was promulgated. Equivalent units
given in parentheses are based upon a reference
temperature of 25°C and a reference pressure of
760 mm of mercury. All measurements of air
quality are to be corrected to a reference
temperature of 25°C and a reference pressure of
760 mm of Hg (1,013.2 millibar); ppm in this
table refers to ppm by volume, or micromoles of
pollutant per mole of gas.
4, Any equivalent procedure which can be shown to
the satisfaction of the Air Resources Board to
give equivalent results at or near the level of
the air quality standard may be used.
5. National Primary Standards: The levels of air
quality necessary, with an adequate margin of
safety, to protect the public health. Each
state must attain the primary standards no
later than three years after that state's
implementation plan is approved by the
Environmental Protection Agency (EPA).
National Secondary Standards: The levels of air
quality necessary to protect the public welfare
from any known or anticipated adverse effects
of a pollutant. Each state must attain the
secondary standards within a "reasonable time"
after implementation plan is approved by the
EPA.
Reference method as described by the EPA. An
"equivalent method" of measurement may be used
but must have a "consistent relationship to the
reference method" and must be approved by the
EPA.
Prevailing visibility is defined as the
greatest visibility which is attained or
surpassed around at least half or the horizon
circle, but not necessarily in continuous
sectors.
105
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second is much more restrictive. However, through graduated reductions in the
urban standards all areas in the state will become subject to the same stan-
dard in 1980.
These separate areas are also treated differently in the sulfur dioxide
ambient air standards. The urban areas are subject to the standards discussed
above which are somewhat more restrictive than the federal limits. However,
sulfur dioxide levels in non-urban areas are subjected to allowable increments
in sulfur dioxide over baseline SO? concentrations. The permitted increments
are very small: 3 ug/m (.001 ppm) 2 to the annual mean level of 50»yg/m
(0.02 ppm); 15 yg/m (0.006 ppm) to the 24-hour maximum of 260 yg/m £0.10
ppm) ; and 75 yg/m (0.03 ppm) to the three-hour maximum of 1,300 yg/m (0.50
ppm). This was accomplished by adopting area classifications similar to those
of the federal significant deterioration regulations. This was singularly a
state action, however, and no request for reclassification was made to EPA.
Depending on how they are implemented, Colorado's odor regulations appli-
cable to manufacturing processes outside the residential or commercial areas
could be beneficial to geothermal development. While these require use of the
best practicable treatment and control available for odor reduction, "best
practicable" is not to be interpreted as "any method which would result in an
arbitrary and unreasonable taking of property or in the practical closing of
any lawful business or activity, if such would be without corresponding public
benefit." However, this provision notwithstanding, odors strong enough to be
detectable after dilution with 127 or more volumes of odor-free air are a
violation.
Regulation to Control Emissions of Chemical Substances and Physical Agents—
This regulation is applicable statewide and deals with substances con-
sidered to be highly toxic. For the most part, the regulation is source-
specific and would not presently cover geothermal operations. However, it
could serve as a model for future regulation should toxic emissions develop
from geothermal operations.
Idaho
The Idaho Air Pollution Control Act as amended (Idaho Code Title 39,
Chapter 29) confers upon the Board of Environmental Pollution and
Health the authority to adopt rules and regulations for the control of air
pollution in Idaho. The regulation as adopted in 1972 was subsequently amend-
ed to serve as the state's plan to implement the ambient air quality standards
of the federal Clean Air Act. The Department of Health and Welfare is the
implementing agency.
Rules and Regulations for the Control of Air Pollution in Idaho—
These rules set forth three ambient air quality standards of potential
interest to the geothermal industry in addition to the six required. These
include:
Sulfuric Acid Mist:
Primary and secondary standards:
Maximum 24-hour concentration - 12 yg/m not to be exceeded more than
once/month
Maximum 1-hour concentration - 30 yg/m not to be exceeded more than
twice/week
106
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Fluorides:
Primary and secondary air quality standards are those concentrations
in the ambient air which result in a total fluoride content in vege-
tation used for feed and forage of not more than:
40 ppm dry basis - annual arithmetic mean
60 ppm dry basis - monthly concentration for two consecutive months
80 ppm dry basis - monthly concentration never to be exceeded
These standards will probably have no effect on geothermal operations.
Settleable Particulate;
Primary and secondary standards are:
0.8 mg/cm /mo not to be exceeded more than 25 percent of the time
Louisiana
Section 2204 of Title 40 of the Revised Statutes of Louisiana established
the Air Control Commission which promulgated the regulations below. The Com-
mission in conjunction with the Health and Human Resources Division adminis-
ters the regulations.
Regulations, Air Control Commission—
These regulations contain an ambient air standard on sulfuric acid mist,
sulfur trioxide, or any combination thereof as follows:
4 yg/nu maximum annual average
12 yg/m- 24-hour average not to be exceeded over 1% of the time
30 ug/m 1-hour average not to be exceeded over 1% of the time
Montana
The Air Quality Bureau, Environmental Services Division, Montana Depart-
ment of Health and Environmental Sciences, administers the state air pollution
control program and operates under the following regulations.
State of Montana Air Quality Rules—
The significant feature of the Montana regulations insofar as the geo-
thermal industry is concerned is the very stringent odor control described a-
bove. The application of the only other similar standard found was limited
to animal rendering plants. The oddity is, however, that as strict as the
Montana regulations are in one sense, they do not define odor except as "that
property of an emission which stimulates the sense of smell."
Nevada
The portions of Nevada's Air Quality Regulations dealing with stationary
sources are administered by the Department of Human Resources.
Air Quality Regulations—
While it may not be unique, Nevada has incorporated a somewhat unusual
provision on "Confidential Information." It prohibits the certification as
confidential emissions of an air contaminant which is the subject of an am-
bient air quality standard or emission standard or has been designated as a
hazardous air pollutant by EPA. In the case of geothermal production and use
this would not appear to pose a hardship. While identification of pollutants
would tend to disclose something about the character of the resource in a giv-
en area, this does not appear to share the competitive consequences of disclos-
ing the nature of material input to a product. This section also provides
107
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that information certified as confidential can be used in the prosecution of
violations of any air pollution statute, ordinance, or regulation.
The Nevada regulations require the air pollution control agency to inves-
tigate an odor when 30 percent or more of a sample of the people exposed to it
believe it to be objectionable in usual places of occupancy. (The sample is
to include at least 20 people or 75 percent of those exposed, if fewer than 20
are involved.) Odors detectable after dilution with eight or more volumes of
odor-free air occurring twice within an hour — at least 15 minutes apart —
constitute a violation.
Nevada provided for review of new complex sources and large stationary
sources of air pollution. Geothermal operations would not be classified under
complex sources but probably would be considered a single source under the
terms of this regulation. Upon application for a registration certificate the
applicant must provide an environmental assessment and any other information
the director of the control agency may request. The most significant aspect
of the assessment appears to be the monitoring provisions which are somewhat
confusing. In one paragraph, the director is authorized to require as a con-
dition of the certificate that an operator conduct ambient air quality monitor-
ing at the facility site for a reasonable period prior to commencement of con*-
struction and for any specified period after the source has commenced opera-
tion. Another paragraph provides that the environmental evaluation consider
"existing ambient air concentrations...measured with approved methods at ap-
proved site locations for not less than one year." (Emphasis added.)
Nevada also requires that sources of sulfur emissions utilize Supplemen-
tary Control Systems to provide rapid curtailment of the rate of sulfur
emissions during adverse meteorological conditions. These systems are to in-
clude continuous sampling of wind characteristics and atmospheric stability,
continuous ambient air quality monitoring at one or more sites and continuous
recording, and an operating predictive model for forecasting ambient air qual-
ity, or as an alternative at the discretion of the director, approved thresh-
old values on which to base control decisions. These requirements appear to
apply only to sulfur dioxide emissions and, therefore, may not affect many, if
any, geothermal operations.
New Mexico
Air pollution is controlled in New Mexico under the Air Quality Control
Act, Chapter 277, Laws of 1967 as amended, which is administered by the Envi-
ronmental Improvement Board.
Air Quality Control Regulation Number 100—
These regulations contain ambient air quality standards for H~S. The
limitation is 0.003 ppm for some areas of the state and 0.030 ppm in others.
These areas are identified in Table V-4.
Oregon
The Department of Environmental Quality administers the air pollution
regulations adopted by the Environmental Quality Commission.
Oregon Administrative Rules, Chapter 340—
These regulations purport to impose state environmental standards upon
108
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federal lands which are classified as wilderness areas under the Wilderness
Act, P.L. 88-577. Whether geothermal activity would be permitted in these
areas under the Act is open to some question, but since mining is allowed,
this is a possibility. It would, however, face very difficult obstacles —
one of them being a five percent opacity limit on air emissions, or no greater
than 10 percent with a special permit. The latter is half the obstruction
permitted under No. 1 on the Ringelmann scale.
Oregon applies to a four-county area (Clackamas, Columbia, Multonomah,
and Washington) a provision which requires capture of air contaminants which
would otherwise be emitted through doors or windows and transfer to air pollu-
tion control equipment. The most efficient and best practicable loading,
shrouding, or dusting equipment available is required. New sources are to
comply at the time of installation.
In these four counties, odors may not exceed a scentometer No. 0 odor
strength or equivalent dilution in residential and commercial areas and a No. 2
strength in other areas. Opacity is also limited to 20 percent in these
counties.
Texas
The Texas Air Control Board operates under the Texas Clean Air Act, codi-
fied as Article 447-5. The Board has issued General Rules and a series of
separate regulations for the control of air pollution.
Control of Air Pollution from Visible Emissions and Particulate Matter—
These regulations contain a set of particulate emission standards which
do not appear in the requirements of the other states surveyed. These prohib-
it emissions which exceed any of the following ground level concentrations:
100 yg/m3 of air sampled, averaged over any five consecutive hours
200 yg/m3 of air sampled, averaged over any three consecutive hours
400 yg/m3 of air sampled, averaged over any one-hour period
Maximum ground level concentrations of S02 are also set which vary over
the state. They are 747 yg/m3 (0.28 ppm) averaged over a 30-minute period in
Galveston and Harris Counties, 853 yg/m3 (0.32 ppm) in Jefferson and Orange
Counties, and 1067 yg/m3 (0.4 ppm) in the rest of the state with some excep-
tions in El Paso County. The Texas H2S standards are shown in Table V-4.
Sulfuric acid emissions may not exceed:
1. A net ground-level concentration of 15 yg/m3 of air averaged over any
24-hour period; or
2. A net ground-level concentration of 50 yg/m3 of air averaged over a
one-hour period of time more than once during any consecutive 24-hour period;
or
109
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3. 100 pg/m^ of air maximum at any time.
Utah
Air conservation regulations were adopted by the Utah Air Conservation
Committee and the State Board of Health pursuant to the Air Conservation Act.
The Division of Health, Department of Social Sciences, is the implementing
agency.
Air Conservation Regulations—
The bulk of these regulations conforms very closely with those of other
states with one notable exception. This is the exemption from notice of con-
struction of exhaust systems for controlling steam and heat which do not con-
tain combustion products.
Washington
The Department of Ecology of the State of Washington implements the
state's air pollution control program pursuant to Chapter 43.21A RCW and the
state Clean Air Act in Chapter 70.94 RCW.
General Regulations for Air Pollution Sources Chapter 18.04
Washington Administrative Code—
The Washington regulations offer another good example of a general, non-
specific type of odor regulation. It reads as follows:
"Any person who shall cause or allow the generation of any odor from
any source which may unreasonably interfere with an adjoining pro-
perty owner's use and enjoyment of his property must use recognized
good practice and procedure to reduce these odors to a reasonable
minimum."
The emission of water vapor is prohibited if it causes detriment to pub-
lic health, safety, or welfare, or damage to property or business. The con-
struction of a new stationary source may be prohibited which would cause sig-
nificant deterioration of the air quality of areas where the quality already
exceeds the S02 and particulate ambient air quality standard. "Significant
deterioration" is not defined.
Wyoming
The Wyoming regulations were promulgated pursuant to Chapter 9.1, Arti-
cles 1-11, Wyoming Statutes, 1973 Cumulative Supplement and are administered
by the Division of Air Quality, Department of Environmental Quality.
Air Quality Standards and Regulations—
These regulations apply sulfate, hydrogen sulfide, and fluoride ambient
air quality standards in addition to those required by the Clean Air Act. The
suspended sulfate limitation is 0.25 mg/S03/100 cm , maximum annual average,
measured as a sulfation rate by the lead peroxide method. The H2S standards
are shown in Table V-4.
110
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The regulations also require that any exit process gas stream containing
hydrogen sulfide which is discharged to the atmosphere from any source be
vented, incinerated, flared, or otherwise disposed of in such a manner that
ambient sulfur dioxide and hydrogen sulfide standards are not exceeded.
In defining the process weight per hour used to calculate allowable emis-
sions under a particulate standard predicated on process weight, the Wyoming
regulations expressly exclude "any water, water vapor, or steam that may be
introduced as part of the total materials."
Effective odor control devices are required which will limit odors at the
property line to those of sufficient strength to be equal to but no greater
than that detectable after seven dilutions with odor free air as determined
by a scentometer or of lower strength. Two measurements within one hour
separated by at least 15 minutes are required.
WATER QUALITY
The Federal Water Pollution Control Act requires EPA to develop water
quality criteria which accurately reflect the latest scientific knowledge on
the kind and extent of all identifiable effects on health and welfare which
may be expected from the presence of pollutants in any body of water or
groundwater. The criteria specify concentrations of water constituents which,
if not exceeded, will achieve the water quality which is desirable or neces-
sary for specific uses. The water quality criteria are not enforceable
standards in themselves but form the basis upon which state water quality
standards are set.
The standards consist of criteria •— i.e., limits on the concentrations
of various parameters allowed in receiving streams or restrictions on changes
in pH, temperature, or other characteristics of surface waters — and plans
for the enforcement or implementation of the criteria. The criteria may be
more stringent than the values in the federal criteria if a state so desires.
In the absence of industrywide limitations on the actual amount of each pol-
lutant which may be lawfully discharged by geothermal operations, the water
quality standards will be used as the basis for calculating pounds-per-unit-
of-production effluent limitations imposed in the NPDES permit, the primary
mechanism for controlling water pollution, as discussed earlier. Thus, the
standards may assume an importance for this industry which may not attach as
directly to those industries for whom EPA has established effluent limitations
guidelines.
Many, if not most, state waters are classified according to use. The
classifications may include entire water bodies or may vary from reach to
reach of the same stream. Separate water quality criteria are applied to the
specific classifications which will either maintain the quality to support the
use or uses or permit the attainment of that quality. These criteria vary in
stringency according to degree of purity required for the designated uses.
The result of the separate stream classifications and differences among
states even in the general criteria applied to unclassified waters is that the
permit effluent limitations calculated may vary, depending on where the
111
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discharge is to take place. The limitations could differ for operations even
a few miles apart on the same stream.
The designated uses usually follow the federal criteria rather closely
and include some combination of the following:
Public water supplies
Recreation and aesthetics
Fish, other aquatic life, and wildlife
Agricultural use
Industrial use
Some states employ even further breakdowns. A common one is differentiation
among waters suitable for potable purposes with: (1) only simple disinfec-
tion; (2) after removal of naturally occurring parameters; and (3) after
treatment equal to coagulation, sedimentation, filtration, and disinfection.
The criteria graduate to less stringency with less demanding designated uses.
Federal numerical criteria are shown in Table V-7, for domestic water
supplies. These are excerpted from the latest revision of Quality Criteria
for Water [16]. It will be noted that there are no criteria presented for
several parameters of potential interest to the geothermal community for water
supply use. However, some of them are covered in the criteria for other uses
such as protection of wildlife. These include beryllium, boron, total dis-
solved gases, hardness, nickel, and hydrogen sulfide. The criterion for the
latter for fish and other aquatic life, fresh and marine water, is 2 yg/1 of
undissociated H2S. No state water quality standards applicable to this pa-
rameter were found.
Radioactivity, which appeared as a parameter in earlier federal criteria,
was dropped in this most recent revision. In addition, there are no criteria
for aluminum, fluoride, lithium, molybdenum, or vanadium, all of which have
been found in geothermal deposits in this country. EPA recommends, however,
that these parameters be considered in state water quality standards.
It will also be noted that the values for some of the parameters are ex-
pressed in yg/1, or parts per billion, rather than mg/1, or parts per million,
which has been used exclusively in the past. The combined usage avoids ex-
tremely large numbers on the one hand, or unmanageable decimals on the other.
In many cases, criteria are descriptive rather than numerical. These
general provisions applicable to all waters are found in all state water
quality standards. They prohibit:
Toxic chemicals in concentrations found to be of public health
significance or to adversely affect the use for which waters are
classified.
Substances which taint edible fish or impart tastes or odors to
drinking water supplies.
Floating or submerged matter.
112
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TABLE V-7. FEDERAL WATER QUALITY CRITERIA FOR DOMESTIC WATER SUPPLIES [17]*
Arsenic
Barium
Cadmium
Chromium
Copper
Iron
Lead
Manganese
Mercury
Nitrate Nitrogen (N)
50 yg/1
1 mg/1
10 yg/1
50 yg/1
1 mg/1
0.3 mg/1
50 yg/1
50 yg/1
2 yg/i
10 mg/1
Oil and Grease Virtually free from
pH Range 5-9
Phenol 1 lig/1
Selenium 10 yg/1
Silver 50 yg/1
Solids (Dissolved) 250 mg/1 (for chlorides
and Salinity and sulfates)
Zinc 5000 yg/1
* Pesticides are not included.
113
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Excess nutrients which cause slime growths or other nuisance
aquatic growths.
Visible concentrations of oil, sludge deposits, scum, or foam.
Objectionable turbidity.
There are several other provisions which are common to nearly all state
water pollution regulations. These include a paragraph which states that
notwithstanding the water quality standards contained therein, where a higher
standard can be achieved, it is to be attained by the best practicable treat-
ment and/or control of wastewaters. Another paragraph, which originated as
model legislation at the federal level, is the antidegradation requirement
that waters whose quality exceeds the standards will be maintained at their
existing high quality.
This concept is, of course, consistent which the stated objective of
P.L 92-500 — i.e., "to restore and maintain (emphasis added) the chemical,
physical, and biological integrity of the Nation's waters." Sometimes this
provision is qualified by the statement that such change may be permitted if
demonstrated to the state agency and EPA to be justifiable as a result of
necessary economic or social development.
The ensuing summaries of state water quality standards are thus limited
to a large extent to numerical criteria. This is the area of most variety
among them. Selected parameters addressed by the various state regulations
are identified in Table V-8.
The regulations for 15 states are listed in Table V-9 along with the
statutes they implement. The agencies which administer them are identified
in Table V-2.
Fecal coliform criteria are omitted from the summaries since this form
of pollution is not anticipated from the processes of geothermal development.
However, since some state regulations require sanitary facilities on site,
operators in those areas would be required to treat the sewage to meet the
fecal coliform standards.
In order to place the state water quality standards in perspective, they
are preceded by summaries of two other documents. The first is the Califor-
nia state statute authorizing the regulation of water quality in the state.
This statute, the Porter-Cologne Water Quality Control Act, was selected to
illustrate this type of state law because it was the most comprehensive one
reviewed. The others incorporate some of its provisions in one form or
another, and the general intent is, of course, common to them all.
The second document introduced is the California "Waste Discharge Re-
ports and Requirements." This is the state's implementaton of the NPDES per-
mit program which will through necessity indirectly utilize water quality
standards to provide effluent limitations.
114
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TABLE V-8. NUMERICAL WATER QUALITY STANDARDS
(X= applies statewide; *= applies only to designated waters)
8
H
a
to
O
• I* ^—*
s a
I
3
o
Alkalinity
Ammoni a
Arsenic
Barium
Boron
Cadmium
Chloride
Chromlum(hex.)
Conductivity
Copper
DO
Fluoride
Hardness
Iron
Lead
Manganese
Mercury
Nickel
Nitrates (+nitrites)
pH (range)
Phosphorus
Radioactivity1
Selenium
Silver
Sulfate
Total Dissolved Gas
Total Dissolved Solids A
Toxic Materials
Uranyl ion
Zinc
I
I
I
X
X
*
s *
*
*
*
*
*
*
*
*
*
*
A
X
*
*
X2
*
X
X
X
X
^
X
X
X
X
X
X
x*
X
X
*
X
X
x
x
*
X
X
X
*
*
X
*
*
A
A
A
A
A
X
A
X
X , -
A
A
X
X
X
X
A
X
A
A*
A
A
X
X
A
A
X
A
X
A
A
A
A
A
A
A
A
X
A
A
A
A
X
X
X
A
A
X
X
X
A
X
X
X
X
X
X
X
X
X
X
A
A
...X .
X
3
3
3
3
3
3
X
3
3
3
3
3
X
X
3
3
3
3
3
X
X
X
X
X
X
X
A
X*
other than natural origin. ^Free from • ^The Utah standards for most waters of the state require
chemical characteristics in conformance with the Public Health Services Drinking Water Standards, 1962.
-------
TABLE V-9. STATE STATUTES AND REGULATIONS
Water Pollution Control
State
Alaska
Arizona
California
Colorado
Hawaii
Idaho
Statute
Title 46, Alaska Stat-
utes, Water, Air, and
Environmental Conser-
vation
Arizona Revised Stat-
utes 36-1851
Porter-Cologne Water
Quality Control Act
(Division 1, Chapter
2, Water Code) and
Related Code Sections
Colorado Water Quality
Control Act, Title 25,
Article 8 CRS 1973
Sections 66-1-7(6) and
(19),Colorado Revised
Statutes 1963, as
amended
Environmental Quality
Laws and Regulations,
Vol. 1, Part III,
Water Pollution, as
amended
Title 39, Chapter 1,
and Title 67, Chap-
ter 52, Idaho Code;
Chapter 87 Idaho Ses-
sion Laws 1973
Regulation
Title 18, Environmental
Conservation, Chapter 70,
Water Quality Standards,
and Chapter 72, Wastewater
Disposal
Water Quality Standards
for Surface Waters
Titles 17 and 23, California
Administrative Code
Water Quality Standards
and Stream Classification
Regulations for the State
Discharge Permit
Standards for the Quality
of Water Supplied to the
Public
Water Pollution Control
Regulations, Public Health
Regulations Chapter 37 and
37A
Water Quality Standards
and Wastewater Treatment
Requirements
Louisiana Act Establishing the
Stream Control Com-
mission, Title 56,
Chapter 3, Stream Con-
trol
Regulation Requiring Sub-
mission for Reports for
the Discharge of Industrial
Waste and for the Construc-
Continued
116
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TABLE V-9 (continued)
Montana Cont'd,
Montana
Nevada
New Mexico
Oregon
Texas
Utah
Washington
Wyoming
Environmental Policy
Act, RCM, Title 69
Montana Water Quality
Criteria
Water Pollution Con-
trol Law, NRS 445.131
to 445.354, inclusive
Water Quality Control
Act, Chapter 326, Laws
of 1973, as amended
Oregon Environmental
Laws, Revised Statutes
Chapter 468-700-775
Chapter 21, Texas Water
Code - Water Quality
Act
Water Pollution Con-
trol Act, Title 73,
Chapter 14, Utah Code
Annotated 1953, as
amended
Water Pollution Con-
trol, Chapter 90.48,
RCW
tion or Alteration of
Treatment Works
Rules Governing Disposal
of Waste Oil, Oil Field
Brine, and All Other Ma-
terials Resulting from
the Drilling for, Pro-
duction of, or Transporta-
tation of Oil, Gas or
Sulfur
Water Quality Criteria
Pollutant Discharge Elimi-
nation System, Reg. 16-2.
14(10)-SI4460
Water Pollution Control
Regulations
Water Quality Standards
for Interstate and Intra-
state Streams in New Mexico
Regulations Relating to
Water Quality Control in
Oregon, Chapter 340, Ore-
gon Administrative Rules
Water Quality Standards
Water Quality Standards,
Code of Waste Disposal
Regulations, Dept. of
Health, Part II
Water Quality Standards,
Chapter 173-201, WAC
1973 Cumulative Supple- Water Quality Rules and
ment, 35-502.19, 1973 Regulations
Session Laws, 35-487.19
117
-------
Porter-Cologne Water Quality Control Act, Division 7, Water Quality
This act establishes the authority of the state to regulate all activi-
ties and factors which may affect the quality of the state's waters. It
places the responsibility for administering the statewide water quality con-
trol program in the hands of nine regional water quality control boards. The
State Water Resources Control Board, however, holds the primary adjudicatory
and regulatory functions of the state in the field of water resources under
Division 1 of the State Water Code. It formulates state policy for water
quality control and establishes procedures under which the regional boards
develop and implement water quality control plans, and is the state's water
pollution control agency as defined by the Federal Water Pollution Control
Act, and, as such, implements the NPDES permit system within the state. This
function is also carried out by the regional boards. The state board and each
regional board are the principal state agencies with primary responsibility
for the coordination and control of water quality.
Neither the Act nor rulings of the state or regional boards precludes
cities and counties from adopting and enforcing more stringent regulations or
to prohibit nuisances.
The regional water quality control plans designate: (1) beneficial uses
to be protected; (2) water quality objectives; and (3) programs of implemen-
tation needed for achieving water quality objectives. It is recognized in the
Act that it may be possible to change the quality of water to some degree
without unreasonably affecting beneficial uses. On the other hand, a water
quality control plan or waste discharge requirements may specify certain con-
ditions or areas where the discharge of waste, or certain types of wastes,
will not be permitted. The water quality control plans are binding on the
activities of all state agencies.
Waste Discharge Requirements—
Any person discharging or proposing to discharge wastes which could af-
fect water quality must file a report with the regional board containing such
information as required by the board. Subsequently, and after any necessary
hearing, the board prescribes requirements as to the nature of the discharge
or material change therein which are related to conditions in the disposal
area or receiving waters. The "requirements," a term which is equivalent to
the word "permits" in the Federal Water Pollution Control Act, must implement
relevant water quality control plans and consider the beneficial uses to be
protected, water quality objectives required for that purpose, other waste
discharges, and the need to prevent nuisance. A set of waste discharge re-
quirements issued by the North Coast Regional Water Quality Control Board for
the wastes of a geothermal drilling and exploration operation are shown in
Appendix B.
The prescribed requirements need not authorize utilization of the full
waste assimilation capacities of receiving waters and may contain a time
schedule for compliance. The Act also establishes the policy that all dis-
charges of wastes into streams are privileges, not rights — i.e., regardless
of whether a discharge is made pursuant to waste discharge requirements (per-
mit) it does not create a vested right to continue the discharge.
118
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A discharger may be required to furnish water quality monitoring and
other technical information and the contents of the reports may be used in
judicial review or enforcement proceedings. Notification to a geothermal op-
erator setting forth a monitoring and reporting program to be followed is
shown in Appendix C. It covers both waste materials destined for land dis-
posal and liquids to be disposed of by injection. Trade secrets or secret
processes are not to be made available to the public, however. The regional
board has right-of-entry authority to inspect a discharger's facilities to
determine compliance.
Chapter 5.5 of the Act ties the state discharge requirements to the pro-
visions of the Federal Water Pollution Control Act, In effect, the discharge
requirements (permits) must ensure compliance with any applicable effluent
limitations, more stringent effluent limitations to meet water quality stan-
dards, national standards of performance, and toxic and pretreatment effluent
standards. As discussed elsewhere in this report, no effluent guidelines re-
lated to geothermal production have been promulgated and none are recommended
at this time.
Discharge requirements (permits) are adopted for a fixed term not to ex-
ceed five years, and must be reviewed for possible revision every five years.
Under this chapter the above monitoring report requirements are extended to
mandate installation and use of monitoring equipment and sampling procedures.
A civil penalty not to exceed $10,000 is imposed for each day of dis-
charge not in compliance with the waste discharge requirement or which vio-
lates a cease and desist order or any of the federal requirements listed
above. In addition, the discharges may be subject to a preliminary or perma-
nent inj unct ion.
Where such non-complying discharges are deemed a willful or negligent
act, the fine increases to not more than $25,000 nor less than $2,500 for each
day's violation and imprisonment for not more than one year, or both. For
repeated offenses, the fine is not more than $50,000 per day or imprisonment
for not more than two years or both.
The above enforcement measures are all geared to federal requirements and
prevail over other sections of the Act to the extent of any inconsistency.
However, the regional boards and state courts do have other enforcement tools
available. These include:
1. Filing of a detailed time schedule by a discharger to show the spe-
cific actions to be taken to correct or prevent a violation of discharge
requirements.
2. Cease and desist orders and orders to (a) comply forthwith, (b) com-
ply in accordance with a set time schedule, or (c) take appropriate remedial
or preventative action.
3. Prohibitory or mandatory injunctions, either preliminary or perma-
nent.
119
-------
Enforcement actions of the regional boards are subject to state board
review.
A discharger is allowed to comply with his discharge requirements (per-
mit) , state or regional board order, or court decree in any lawful manner.
The state cannot mandate the specifics of his compliance steps with one im-
portant exception. This is the disposition of solid waste which requires
special handling to prevent leakage to underground or surface waters.
In a section of the Act dealing with water reclamation it is stated:
"No person shall construct, maintain or use any waste well extending
to or into a subterranean water-bearing stratum that is used or in-
tended to be used as, or is suitable for, a source of water supply
for domestic purposes. Notwithstanding the foregoing, when a re-
gional board finds that water quality considerations do not preclude
controlled recharge of such stratum by direct injection, and when
the State Department of Health, following a public hearing, finds
the proposed recharge will not impair the quality of water in the
receiving aquifer as a source of water supply for domestic purposes,
reclaimed water may be injected by a well into such stratum."
"Waste well" is defined as any hole dug or drilled into the ground, used or
intended to be used for the disposal of waste. The state Department of Health
is given authority to regulate this activity.
Geothermal wells are specifically exempt from another section of the Act
governing water wells.
Title 23, Waters, State of California Administrative Code—
The subchapter of these regulations which spells out the NPDES discharge
permit procedures in elaborate detail is shown in full in Appendix K. The
section which deals with the application of effluent standards and limitations
and water quality standards (2235.5(b)) specifically addresses the situation
in which no federal effluent limitations and standards have been promulgated
for an industrial source. It provides a very broad discretionary area by stat-
ing that "waste discharge requirements (permits) shall contain effluent limits
and other conditions necessary to carry out the provisions of the Federal Wa-
ter Pollution Control Act."
Time schedules are to be attached to the permit in which any discharges
which are not in full compliance with the permit conditions must be brought
into compliance.
Alaska
Title 18, Chapter 70, Water Quality Standards—Alaska Administrative Code—
These standards were adopted by the Department of Environmental Conserva-
tion pursuant to Title 46, Alaska Statutes, Water, Air, and Environmental Con-
servation. They are also implemented by the Department.
Seven water use classifications are established as follows:
120
-------
1. Class A. Water supply, drinking, culinary, and food processing with-
out the need for treatment other than simple disinfection and simple removal
of naturally present impurities.
2. Class B. Water supply, drinking, culinary, and food processing with
the need for treatment equal to coagulation, sedimentation, filtration, dis-
infection, and any other treatment process necessary to remove naturally pre-
sent impurities.
3. Class C. Water contact recreation.
4. Class D. Growth and propagation of fish and other aquatic life, in-
cluding waterfowl and furbearers.
5. Class E. Shellfish growth and propagation, including natural and
commercial growing area.
6. Class F. Agricultural water supply, including irrigation, stock
watering, and truck farming.
7. Class G. Industrial water supply (other than food processing).
Water quality criteria are set for various parameters which are in gen-
eral the same parameters covered by the federal water quality criteria [16].
Prescribed limitations are also generally in accord with the federal criteria,
although some upper limits are lower than the federal criteria. If waters
have more than one classification, the most stringent criterion applies.
Treatment equivalent to BPCTCA is required for all industrial waste dis-
charges by existing sources as soon as possible but no later than July 1977.
New sources are to conform at the time of construction.
Title 18, Chapter 72, Alaska Administrative Code, Wastewater Disposal—
Perhaps the most significant aspect of Alaska's wastewater disposal reg-
ulations related to geothermal development is that the subsurface discharge
of industrial liquid waste is prohibited, except that material from or for
production of petroleum products may be reinjected or injected into the ground.
It is assumed, in light of Sec. 38.05.181 (p) (2) of Title 38 which permits
reinjection of geothermal steam or its residue, that this exception in the
regulations has been or will be construed to include geothermal production.
Under Chapter 72, the Department may require more stringent treatment
than the minimum prescribed in Chapter 70 or prohibit the discharge of treated
wastewater to sensitive environments. A waste disposal permit is required for
sludge disposal and the Department may require that industrial treatment
systems be designed or operated to accept and treat sludges. A provision of
specific interest in geothermal development is one which requires that designs
for treatment works in remote areas be proven in comparable environmental
situations. Such systems must also be designed to operate successfully under
seasonal or perennial frost conditions.
Arizona
121
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Water Quality Standards for Surface Waters—
These standards were adopted by and are administered by the Department
of Health Services pursuant to 36-1851 Arizona Revised Statutes. The numeri-
cal values on all parameters are very much in line with the federal criteria
except that the value for mercury — 0.005 mg/1 compares with a federal cri-
terion of 0.002 mg/1 or 2 j.ig/1. In addition, the same limits are applied to
the list of substances regardless of water use. This has the effect of mak-
ing the standards somewhat stricter than the federal criteria because in the
latter these specific limitations are imposed only on public water supplies.
The substances covered and the limiting concentrations are as follows:
Substance Limiting Concentration (mg/1)
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium (hexavalent) 0.05
Copper 1.0
Lead 0.05
Mercury 0.005
Phenol 0.001
Selenium 0.01
Silver 0.05
Zinc 5.0
Turbidity in waters for recreational and aesthetic use and for fish,
aquatic life, and wildlife are to be maintained at the lowest practicable
values possible but in no case shall:
a. Turbidity in the surface waters due to the discharge of wastes ex-
ceed 50 Jackson units in warm water fishery streams or 10 Jackson units in
cold water fishery streams.
b. Discharge to warm water fishery lakes cause turbidities to exceed
25 Jackson units, and discharge to cold water fishery lakes cause turbidities
to exceed 10 Jackson units.
These standards are applicable to turbidity caused by activities includ-
ing, but not limited to, construction, mining, logging, and related land uses.
Thermal discharges become a factor in the fish, aquatic life, and wild-
life category. The standards are as follows:
a. Warm fisheries - Heat added to any warm water fishery shall be the
lowest practical value. In no case shall heat be added in excess of that
amount that would raise the temperature of the minimum daily flow of record
for that month more than 2.8°C (5°F) above the monthly average of the maximum
daily water temperature prevailing in the water or stream section under con-
sideration; nor shall heat be added in excess of that amount that would raise
the stream temperature above 34°C (93°F). This provision shall not apply to
lakes or impoundments owned by a firm or individual for the express purpose
of providing and/or receiving heat wastes.
b. Cold water fisheries - Heat added to cold water fisheries shall be
the lowest practical value. In no case shall heated wastes be discharged in
the vicinity of spawning areas. In other areas, winter temperatures (November
122
-------
through March) shall not be raised above 13°C (55°F) and summer temperatures
(April through October) shall not be raised above 21°C (70°F). In both winter
and summer, heat shall not be added in excess of that amount that would raise
the temperature of the minimum daily flow of record for that month more than
1.1°C (2°F) above the monthly average of the maximum daily water temperatures
prevailing in the water or stream section under consideration. These provi-
sions shall not apply to lakes or impoundments owned by a firm or individual
for the express purpose of providing cooling water and/or receiving heat
wastes.
The state's waters are all classified according to primary and inciden-
tal use. A primary use is the recognized use of the water for purposes of
designating the applicable specific use standards; the exercise of a primary
use which interferes with the attainment of the standards associated with the
incidental use is not a violation.
Rules and Regulations for Sewerage Systems
and Treatment Works, Article 2, Part 3—
Under these regulations, the discharge of treated effluents into wells
to a depth which penetrates water-bearing strata is prohibited. In addition,
the discharge of these effluents into any crevice, sinkhole, or other opening,
either natural or artificial, or in a rock formation which will or may permit
the contamination of groundwater is similarly prohibited.
California
Title 17, Public Health, California Administrative
Code and Regional Water Quality Control Plan Reports—
The Regional Water Quality Control Boards in California adopt Water Qual-
ity Control Plans and the reports on these plans contain water quality stan-
dards which are applicable regionwide and others which apply only to specified
waters. However, the basin limiting concentrations applied for chemical con-
stituents in public water supplies are those set forth in Title 17, Chapter 5,
of the Administrative Code. This is the codification of the public health
laws.
The Regional Boards are empowered to set more stringent standards and
they do so for some bodies of water. For example, the Central Valley Regional
Board set separate inorganic chemical limits for portions of the Sacramento
River, the American River, and Folson Lake which permit in some cases only a
tenth of the concentration permitted by Title 17. The Boards also may set
standards for parameters which do not appear in Title 17. The Central Valley
Regional Board, for example, added copper, iron, manganese, silver, and zinc
to the special standards for the above rivers and lake.
The state limitations are as follows:
Substance Limiting Concentration (mg/1)
Arsenic 0.10
Barium 1•0
Cadmium 0.01
Chromium 0•°5
Cyanide °-2
Lead 0.05
Mercury 0.005
123
-------
Substance Limiting Concentration (mg/1)
Nitrate-N + Nitrite-N 10
Selenium 0.01
It may be noted that the arsenic and mercury standards are twice as permissive
as the federal criteria.
The standards set by the Colorado River Basin Region for all surface re-
ceiving waters in the West Colorado River Basin are shown in Table V-10 for
illustration. The maximum arsenic concentration of 0.06 mg/1 compares with a
level of 0.01 mg/1 in the special standards set by the Central Valley Regional
Board for the waters listed above. The barium concentrations are 0.55 mg/1
and 0.1 mg/1 respectively, and copper, 0.06 and 0.01.
TABLE V-10. LIMITING CONCENTRATIONS OF CHEMICALS IN DISCHARGES OF WASTES TO
SURFACE WATERS IN THE WEST COLORADO RIVER BASIN IN CALIFORNIA
Limiting Concentration (mg/1)*
Constituent 90th Percentile Maximum
Aluminum (Al) 0.10 0.11
Arsenic (As) 0.05 0.06
Barium (Ba) 0.50 0.55
Cadmium (Cd) 0.01 0.01
Chromium (Total Cr) 0.05 0.06
Copper (Cu) 0.05 0.06
Cyanide (CN) 0.005 0.01
Iron (Fe) 0.20 0.22
Lead (Pb) 0.05 0.06
Manganese (Mn) 0.05 0.06
Selenium (Se) 0.01 0.01
Silver (Ag) 0.01 0.01
Zinc (Zn) 0.05 0.06
Mercury (Hg) 0.005 0.01
*Where natural levels already meet or exceed these levels
no further increases from controlled sources are allowed.
Some of the regional standards limit the concentration of boron in waters
used for agricultural purposes to 0.50 mg/1.
Since the numerical limitations vary from region to region and from one
reach of a river or portion of a lake to another within the regions and the
standards are subject to continuing modification, no attempt has been made
here to document all of them for the state. A range of values will be select-
ed for evaluation in terms of control technology requirements in Phase II of
this project
Colorado
Water Quality Standards and Stream Classification—
124
-------
The Colorado Water Quality Control Commission in the Department of Health
both adopted and administers these regulations. They were promulgated pur-
suant to the Colorado Water Quality Control Act. The water quality standards
summarized in Table V-ll are excerpted from the regulations. The table is
shown in full even though some of the parameters are not addressed in other
state summaries since it is a concise presentation of a typical list of
parameters covered.
Waters classified as AI or A2 are waters suitable for or to become suit-
able for all purposes for which raw water is customarily used, including pri-
mary contact recreation, such as swimming and water skiing. The differences
between AI and A2 requirements, as shown in the table, are in the dissolved
oxygen levels and temperatures, with the AI waters being capable of support-
ing a cold water fishery, and the A2 waters being suitable for warm water
fishes only.
Class BI and B£ waters are waters suitable for or to become suitable for
all purposes for which raw water is customarily used, except primary contact
recreation. The variations between the two are again in DO and temperature.
Hawaii
Chapter 37, Public Health Regulations, Water Pollution Control,
and Chapter 37-A, Water Quality Standards—
These regulations were adopted pursuant to Chapter 342, Hawaii Revised
Statutes, and are administered by the Department of Health. The important pro-
vision in Title 37 is that prior to promulgation of applicable effluent limi-
tations and standards NPDES permits will be subject to such conditions as the
Department determines are necessary to carry out the provisions of the Federal
Water Pollution Control Act.
Water quality standards for toxic or corrosive substances require as a
minimum evaluation by use of a 96-hour bioassay as described in the most re-
cent edition of Standard Methods for the Examination of Water and Wastewater.
Survival of test organisms shall not be less than that in controls which
utilize appropriate experimental water.
Coastal and fresh waters are classified for each major island according
to use and there are some very limiting standards for the highest class of
coastal waters. Only a half unit of pH difference is permitted in these wa-
ters from other than natural causes; total dissolved solids are not to be be-
low 28,000 mg/1 from other than natural causes; and water temperature is not
to change more than 1.5°.
Concentrations of radioactive materials are not to exceed the Public
Health Drinking Water Standards [18][19] and must be less than those that
would require restrictions on the use of organisms harvested from the area
in order to meet the Radiation Protection Guides recommended by the Federal
Radiation Council.
Idaho
125
-------
TABLE V-ll. COLORADO WATER QUALITY STANDARDS SUMMARY
STANDARD
Settleable Solids
Floating Solids
Taste, Odor, Color
Toxic Materials
Oil and Grease
Radioactive Material
Fecal Coliform Bacteria
Turbidity
Dissolved Oxygen
pH
Temperature
Fecal Streptococcus
CLASS
Al
Free From
Free From
Free From
Free From
Cause a film or
other discoloration
Drinking Water
Standards
Geometric Mean of
200/lOOml from five
samples in 30-day per.
No increase of more
than 10 J.T.U.
6 mg/1 minimum
6.5 - 8.5
Maximum 68°F.
Maximum Change 2°F.
Monthly average of
20/100ml from five
samples in 30-day per.
A2
Free From
Free From
Free From
Free From
Cause a film or
other discoloration
Drinking Water
Standards
Geometric Mean of
200/lOOml from five
samples in 30-day per.
No increase of more
than 10 J.T.U.
5 mg/1 minimum
6.5 - 8.5
Maximum 90°F.
Maximum Change :
Streams - 5°F.
Lakes - 3°F.
Monthly average of
20/100ml from five
samples in 30-day per.
BI
Free From
Free From
Free From
Free From
Cause a film or
other discoloration
Drinking Water
Standards
Geometric Mean of
1000/lOOml from five
samples in 30-day per.
No increase of more
than 10 J.T.U.
6 mg/1 minimum
6.0 - 9.0
Maximum 68°F.
Maximum Change 2°F.
B2
Free From
Free From
Free From
Free From
Cause a film or
other discoloration
Drinking Water
Standards
Geometric Mean of
1000/lOOml from five
samples in 30-day per.
No increase of more
than 10 J.T.U.
5 mg/1 minimum
6.0 - 9.0
Maximum 90°F.
Maximum Change:
Streams - 5°F.
Lakes - 3°F.
tc
Oi
-------
Water Quality Standards and Wastewater Treatment Requirements—
These standards and regulations were adopted pursuant to Title 39 Chap-
ter 1 and Title 67 Chapter 52 Idaho Code and Chapter 87 Idaho Sessions Laws
1973. Regulatory authority is given to the Idaho Department of Environmental
and Community Services.
The dissolved oxygen water quality standard prohibits a DO concentra-
tion of less than 6.0 mg/1 or 90 percent of saturation whichever is greater.
This is applied to all flowing waterways and to lakes and reservoirs except
for specified bottom depths of the latter where the limit is 4,0 mg/1. For
comparison, the new federal criteria [ 17] do not place limits on DO in the
public water supply use category, but call for a minimum of 5.0 mg/1 to main-
tain good fish populations.
The limits on temperature increases are quite strict. No measurable in-
crease is permitted when water temperatures are 19°C (66°F) or above, and
increases are limited to 1.1°C (2°F) when water temperatures are 18°C (64°F)
or less. For some specified waterways, the upper and lower limits are 20°C
(68°F) and 19°C (66°F), respectively. "Measurable increase" means no more
than 0.28°C (0.5°F) rise in temperature of the receiving water as measured
immediately outside the mixing zone. This standard indicates that all waters
of the state are to be kept suitable for cold water fishes.
The turbidity standard is also strict. No industrial activity may cause
turbidity to exceed 5 JTU or where this level is already exceeded, may
cause alone or in combination with other effluents, an increase of more than
5 JTU.
Idaho also imposes a standard on radioactivity other than that of natu-
ral origin. This type of regulation will require interpretation in any case
where radon or any other radioactive material is associated with geothermal
products. It could be considered of natural origin, but would constitute
a pollutant nevertheless.
In the regulations governing wastewater discharges, adequate treatment
is determined to be the equivalent of 85 percent BOD and suspended solids re-
moval or conformance with any more stringent limitations necessary to meet
the state's water quality standards. Presumably, in the absence of federal
effluent limitations and new source performance standards for geothermal pro-
duction and use, this provision would prevail in NPDES permit conditions.
Wastewater discharge to disposal wells must be treated up to the quality
of the existing underground waters or in conformance with the Idaho Drinking
Water Standards. The Drinking Water Standards provide that more suitable
supplies should be sought when certain substances are present in a water sup-
ply in excess of specified concentrations, and when others are present in ex-
cess of the stated concentrations, the water supply should be rejected. Very
few of the substances, if any, would be expected to be a product of geother-
mal development. It might be noted, however, that the grounds for rejection
are almost identical to the permissible federal criteria for public water
supplies on lead, selenium, arsenic, and other inorganic chemicals.
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Louisiana
Water Quality Criteria—
The Louisiana Stream Commission adopted these water quality criteria pur-
suant to Title 56:1439 of the Louisiana Revised Statutes. They are designated
primarily to preserve existing water quality as it relates to suitability for
various uses. In several instances, where existing technology permits, pro-
visions have been made for upgrading water quality.
For all uses, toxic substances may not exceed the TIMg^/iQ. Where the
stream is to be used as a public water supply the level of toxic substances
may not exceed the levels of the latest edition of the U.S. Public Health Ser-
vice drinking water standards [17][18].
The general pH criterion is a range of 6.0 to 9.0 although this varies
for classified waters. No discharge of wastes is to cause the pH of the water
body to vary by more than one pH unit within the pH range specific to a class-
ified water. Criteria for chlorides, sulfates, and dissolved solids levels
also vary from one classified water to another, but the values in general rep-
resent the arithmetic mean of existing data plus one standard deviation.
The temperature standard consists of two parts — a temperature differen-
tial which represents the maximum permissible rise above ambient conditions
and a maximum temperature. No addition of artificial heat is permitted once
the ambient temperature reaches the latter. The standards are as follows:
Fresh Water - Temperature differential
(1) Maximum of 2.8°C (5°F) rise above ambient for streams and rivers.
(2) Maximum of 1.7°C (3°F) rise above ambient for lakes and reser-
voirs.
MAXIMUM TEMPERATURE - 32.2°C (90°F) except where otherwise listed
in the tables or due to natural conditions.
Estuarine and Coastal Waters - Temperature differential
(1) Maximum of 2.2°C (4°F) rise above ambient during the period
October through May.
(2) Maximum 0.83°C (1.5°F) during the period June through September.
MAXIMUM TEMPERATURE - 35°C (95°F) except when natural conditions
elevate temperature above this level.
The individual stream standards contain limits on chlorides, sulfate, DO,
and total dissolved solids. The latter range from 75 to 3000 mg/1.
Title 30, Chapter I, Louisiana Revised Statutes—
This state law authorizes the Commissioner of Conservation to regu-
late the underground disposal of salt water and industrial waste. The Depart-
ment of Conservation thus requires that salt water be injected into a sand
which carries salt water and that the injected water will not displace any
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fresh water up gradient or be put in a sand which produces oil or gas. Per-
mits are required for salt water injection wells.
While these requirements are contained in Statewide Order 29-B which
governs oil and gas wells, they appear to be broad enough to cover the injec-
tion of salt water regardless of its source. If geothermal deposits contain a
high percentage of methane which may be the case in Louisiana, these rules
could apply in any event.
Montana
Water Quality Standards (MAC 16-2.14(10)-S14480)--
The Board of Health and Environmental Sciences adopted these regulations
pursuant to the Environmental Policy Act and they are administered by the De-
partment of Environmental Sciences. The water quality criteria for the high-
est classification of waters are the ultimate in limitations since they pro-
hibit any change in pH or any increase in turbidity, temperature, sediment,
toxic substances, or radioactivity and do not apply a dissolved oxygen crite-
rion. These waters are described as suitable for drinking, culinary, and food
processing after simple disinfection and are closed to public access and
activities such as livestock grazing and timber harvest.
In the second classification — for the same uses as above plus nearly
all other uses including swimming with removal of naturally present impurities
added to disinfection — the criteria are somewhat less stringent. Dissolved
oxygen concentration is not to be reduced below 7-0 mg/1; induced variation in
pH within the range of 6.5 to 8.5 is to be less than 0,5 pH unit; and natural
pH outside this range is to be maintained without change and pH above 7.0 is
to be maintained above 7.0. No increase in natural turbidity is allowed and
permissible temperature increases are 0.5°F to 1,0°F, depending on initial
water temperature. No sediment increase which adversely affects the use is
permitted. Concentrations of toxic substances which after treatment for do-
mestic use will exceed the federal drinking water regulations are prohibited
[18] [19]. In any case, maximum allowable concentrations are to be less than
acute or chronic problem levels as revealed by bioassay or other methods.
The criteria for less demanding uses follow the usual pattern of gradual-
ly decreasing stringency. The standards also introduce a limitation on color
which for some waters is two units above natural color and for other is five
units.
The general criterion of most concern to geothermal operations is one
which requires that industrial waste in the absence of federal effluent limi-
tations guidelines receive a minimum of secondary treatment or equivalent.
This standard, contrary to a similar one in another state, at least leaves an
alternative for treatment of wastes if they are not amenable to biological
methods, the usual definition of secondary treatment.
The Montana regulations also contain very detailed criteria on radiation
which apply to all waters except the closed classification described above.
They are as follows:
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"The average dissolved concentrations (including the naturally occurring
or background contribution) of iodine 131, radium-226, strontium-89, strontium-
90 and tritium are not to exceed the following concentration limits:
Iodine-131 5 pCi/L
Radium-226 1 pCi/L
Strontium-89 100 pCi/L
Strontium-90 10 pCi/L
Tritium 3,000 pCi/L
"For all other radionuclides, the average dissolved concentration limits
are to be 1/150 of the corresponding maximum permissible concentration in
water for continuous occupational exposure as recommended by the National Com-
mittee on Radiation Protection (National Bureau of Standards Handbook 69 or
subsequent revisions.)
"For a mixture of radionuclides, the following relationship is to be
satisfied:
1 __ ...... n 1,00
Ll L2 ^
C denotes the average concentration of the respective radionuclide, and L de-
notes its concentration limit.
"Where alpha emitters, strontium-90, radium-228, iodine-129, iodine-130
and lead-210 are known to be absent, routine analysis for dissolved gross beta
radioactivity (excluding potassium-40 contribution) may be employed to monitor
and show compliance with this criterion (except for tritium) as long as the
gross concentration does not exceed 100 pCi/L. When these conditions are not
met, routine quantitative analyses of individual radionuclides are to be per-
formed to show compliance. Except in cases where tritium from other than
natural sources is known to be absent, routine tritium analyses are to be per-
formed to show compliance. (Note: "Absence" means a negligibly small frac-
tion of the specific concentration limit, where the limit for unidentified
alpha emitters is taken as the limit for radium-226) .
"For radionuclides associated with suspended material in transport, the
average concentration limits are to be a 1/150 of the corresponding maximum
permissible concentration in water (insoluble form) for continuous occupation-
al exposure as recommended by the National Committee on Radiation Protection.
In-stream sedimentation of these materials is not to produce solids beds that
are not in compliance with subsections (q) (i) and (q) (ii) (because of leach-
ing) and/or excessive accumulation in native flora and fauna,
"Average concentrations are to be computed from monitoring data acquired
during the previous 12 months; maximum concentrations are not to exceed three
times the average concentration limits specified,"
The regulations go on to state that variances from concentration limits
specified will be permitted if the contributing source is non-controllable or
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a natural source. Either criterion could conceivably be applied to geothermal
waters or steam although how this will be interpreted is not clear at this
time. It is possible, too, that the standards may have little or no effect on
geothermal operations because there is no associated problem of radioactivity,
Nevada
Water Pollution Control Regulations—-
These regulations were adopted by the State Environmental Commission pur-
suant to the Water Pollution Control Law and are administered by the Depart-
ment of Human Resources. They prohibit the discharge of industrial wastes
containing arsenic, barium, boron, cadmium, chromium, cyanide, fluoride, lead,
selenium, silver, copper, and zinc which are "reasonably amenable" to treat-
ment or control without treatment= In addition, the concentrations
of these constituents for most water uses must be consistent with the limits
of the 1962 Drinking Water Standards [18]. However, in the highest classifi-
cation of waters, Class A, all industrial and toxic wastes are prohibited al-
together. Temperature increases above natural receiving water temperature are
prohibited in Class A and B. The allowable increase is 3°C (5.4°F) in Class C,
and there is no limit for Class D. Total dissolved solids are not to exceed
500 mg/1 in all classifications or one-third above that characteristic of nor-
mal conditions, whichever is lesser.
The pH range for Classes A, B, and C is 6.5 to 8.5 and 6.0 to 9 for
Class D which includes waters in a highly altered watershed which receive a
multiplicity of discharges. The minimum dissolved oxygen levels are 6.0 mg/1
for Class A, 6.0 for trout waters and 5.0 mg/1 for non-trout waters in Classes
B and C, and 3.0 mg/1 in Class D.
Standards are also set which apply to specific reaches which set more
stringent limitations on the above parameters and also include limits on chlo-
rides, phosphorus, or boron.
New Mexico
Water Quality Standards for Interstate and Intrastate Streams—
These standards were adopted by the Water Quality Control Commission pur-
suant to the New Mexico Water Quality Act (Chapter 326, Laws of 1973, as a-
mended).
In addition to prohibiting toxic substances in detrimental concentrations,
these regulations require determination of toxicities of substances in receiv-
ing water by bioassays or other acceptable means for the particular form of
aquatic life to be preserved. Concentrations of toxic materials are not to
exceed five percent of the 96-hour median tolerance limit except that sub-
stances which bioconcentrate are not to be present in concentrations which re-
sult in their magnification. Public water supplies are to be protected from
hazardous substances which exceed the federal drinking water regulations.
The radioactivity of surface waters is to be maintained at the lowest
practical level and in no case is to exceed the standards adopted pursuant to
the New Mexico Radiation Protection Act. As of now, no numerical standards
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have been promulgated.
Surface waters must be free of nitrogen and other dissolved gases at lev-
els above 110 percent saturation when this level is due to industrial dis-
charges .
Separate sets of standards are set forth for all waterways or reaches of
waterways in the state and vary, of course, according to designated uses. The
stream use designation and standards are shown for the Rio Grande Basin in
Appendix L. These illustrate very clearly the range in the degree of restric-
tion. For example, in the Elephant Battle Reservoir, at mean monthly flows
above 100 cfs, the standards for the following parameters are:
TDS shall be less than 1500 mg/1
Sulfate shall be less than 500 mg/1
Chloride shall be less than 250 mg/1
The standards for the same parameters in one reach of the main stem of the
Rio Grande are 500, 150, and 25 mg/1 respectively. Required dissolved oxygen
levels are generally greater than 5 mg/1, but 4 mg/1 is acceptable in some
cases. Turbidity is to be less than 50 FTU. (This unit of measurement —
Formazin Turbidity Unit — is not comparable to the Jackson Turbidity Unit
(JTU) but the values are not greatly different.) Conductivity in at least one
instance is limited to less than 300 umho.
This example was not selected because there is or may be geothermal
activity in the Rio Grande Basin. It is merely a good illustration of the
way New Mexico has handled its water quality standards and the typical
numerical ranges.
Some standards do not include a turbidity value. In these instances
turbidity is not to reduce light transmission to the point where existing
desirable aquatic life is inhibited or to cause substantial visible contrast
with the natural appearance of the water.
Oregon
Regulations Relating to Water Quality Control in Oregon (Oregon Administrative
Rules, Chapter 340) —
The Environmental Quality Commission of Oregon adopts the water quality
regulations which are implemented by the Department of Environmental Quality.
The Oregon Environmental Laws, Revised Statutes, Chapter 468-700-775, are the
statutory authority.
General water quality standards are set for all waters of the state
except where they are superseded by more stringent special standards. The
most significant features of the general standards are the dissolved oxygen
requirements of 6.0 mg/1 or more and the permissible temperature increases.
No measurable increase is permitted when receiving water temperatures are 18°C
(64°F) or greater; no more than 0.28°C (0.5°F) increase due to a single-source
discharge when water temperatures are 17.5°C (63.5°F) or less; and no more
than 1.1°C (2.0°F) from all combined sources when water temperatures are
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16.7°C (62°F) or less. The concentration of total dissolved gas is not to
exceed 105 percent of saturation except when stream flow exceeds the 10-year,
7-day average flood.
Some of the special standards for reaches of various receiving streams
increase the DO standard to more than 7 mg/1 and limit turbidity increases to
5 JTU above background. The same rates of temperature increase are also ap-
plied in the special standards but to different water temperatures, most fre-
quently colder streams. pH ranges from 7.0-9 and 7.0 - 8.5 compared to
6.5 - 8.5 in the general standards. In some instances conductivity is limited
to 400 micromhos at 77°.
Texas
Water Quality Standards —
These standards were adopted by the Texas Water Quality Board pursuant to
Sections 21.075 - 21.078 of the Texas Water Code. They tabulate numerical
standards for all of the state's waters. The only aspect of either the pH or
DO standards which is particularly noteworthy is that 4.0 mg/1 is acceptable
DO for a large number of areas, 5.0 is the common criteria, and in at least
one area 3.0 is the value. These are more permissive numbers than those which
generally prevail on the west coast. In addition, diurnal variations of 1.0
mg/1 below the standard specified in the tables are permitted for not more
than eight hours in any 24-hour period. The chloride standards range all the
way from 40 mg/1 to 30,000 mg/1. A great many are in the 100 - 200 mg/1 level,
but those in the thousands are not uncommon. The sulfate standards range from
30 mg/1 to 4500 mg/1; many range between 60 - 500 mg/1.
There are no standards set on salinity in estuarine waters. However,
note is made that the state proposes to adopt salinity criteria for these
areas, using both existing data and data yet to be collected, upon which
future regulatory actions may be based. This could be an important action to
coastal geothermal operations.
The maximum temperature difference permitted in fresh water streams is
2.8°C (5.0°F) rise over ambient and 1.7°C (3.0°F) for fresh water impoundments.
In tidal river reaches, bay, and gulf waters the maximum permitted temperature
difference is 2.2°C (4.0°F) in fall, winter, and spring, and 0.83°C (1.5°F)
in summer.
Utah
Water Quality Standards (Code of Waste Disposal Regulations, Utah State
Department of Health, Part II) —
These regulations, adopted pursuant to the state's Water Pollution Con-
trol Act, are administered by the Water Pollution Control Board. Standards are
set for six major classifications of waters and some subcategories. In addi-
tion, wastes discharged to waters of a given classification must be capable
of meeting all downstream classifications.
The scope of the standards states that the standards of quality are ap-
plied to waste discharges or to waters of the state as appropriate under the
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applicable statutes "except that no waste of any kind shall be discharged from
controlled areas until subjected to at least secondary treatment." A state
spokesman interpreted "controlled areas" as fenced or limited access areas
such as a wastewater treatment plant or lagoon. Secondary treatment was de-
fined as a maximum discharge concentration of 25 mg/1 of both BOD and settle-
able solids. This would be an unnecessary standard to apply to geothermal-
type wastes; some equivalency language appears needed.
A major difference in the higher classifications is the degree to which
treatment of the waters will be necessitated for use as water supplies, and
the standards are largely descriptive rather than numerical. The physical,
chemical, bacteriological, and radiological standards are based for the high-
est uses on the Public Health Service Drinking Water Standards of 1962 [18].
Radioactive substances are limited to l/30th of the MPCw values given for con-
tinuous occupational exposure in the National Bureau of Standards Handbook 61
or to those which will not result in accumulation of radioactivity in edible
plants and animals that present a hazard to consumers.
Washington
Water Quality Standards, Washington Administrative Code, Chapter 173-201 —
These standards were adopted by the Department of Ecology pursuant to
Chapter 90.48 RCW, Water Pollution Control. Five classes of waters are es-
tablished for the purpose of applying water quality criteria. They are:
Class AA, Extraordinary; Class A, Excellent; Class B, Good; Class C, Fair;
and the Lake Class. Characteristic uses to be practiced in each classifica-
tion are itemized and the waters of the state are classified.
The general characteristic called for in Class AA is that water quality
shall markedly and uniformly exceed the requirements for all or substantially
all uses. The wording ranges downward in stringency to water quality that
meets or exceeds the requirement of selected and essential uses in Class C.
Dissolved oxygen standards range from in excess of 9.5 mg/1 for fresh
water and 7.0 mg/1 for marine water in Class AA to 5.0 and 4.0 respectively
in Class C. Induced temperature increases (°F) from one source are based on
equations and in the case of Class AA waters may not exceed t=75/(T-22) (fresh
water) or t=24/(T-39) (marine water); "t" represents the permissible increase
and "T" represents the water temperature due to all causes combined. pH vari-
ations are limited to less than 0.1 units in Class AA, 0.25 units in Class A,
0.5 in Class B, and 0.5 units in Class C.
In lakes, no change is permitted to be made in dissolved oxygen levels,
temperature, or pH. Turbidity in excess of 5 JTU over natural conditions is
prohibited in Class AA, A, and lakes, and 10 JTU is the limit in Class B and
C. In all classes, the concentration of total dissolved gas is not to exceed
110 percent of saturation at any point of sample collection.
Wyoming
Wyoming Water Quality Rules and Regulations —
These regulations are administered by the Department of Environmental
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Quality. In classifying the state's waters, priority will be given to those
waters which receive pollutants. A water must be classified before a permit
to discharge to that water is issued.
Water quality standards have been established for 15 parameters. Sup-
plementary standards will not be written for constituents that are not ex-
pected to be present, or in such low concentrations as to present no problem
in the foreseeable future. However, it is the basic concept that additional
standards can be adopted at any time conditions warrant it. Specific numeri-
cal limits are not set for toxic materials since all possible compounds, com-
binations, and effects are not known.
Dissolved oxygen standards range from a minimum content of 6 mg/1 in
Class I waters to no induced reduction in fish spawning areas. Allowable
temperature alterations range from 1.1°C (2°F) in streams where natural tem-
peratures do not exceed 20°C (68°F) to 2.2°C (4°F) in warm water fishery
areas of streams with natural temperature exceeding 20°C (68°F).
Wastes are not permitted which will cause the pH to be less than 6.5 or
greater than 8.5. The standards note that high salinity (total dissolved
solids) may cause adverse impact on waters and that water quality standards
for salinity would be adopted not later than October 18, 1975. However, noth-
ing was found in the Wyoming documents submitted which indicates this has
been done.
SOLID WASTE REGULATIONS
Again, in summarizing solid waste regulations, general provisions dealing
with permits, .licenses, etc. have been omitted, as have the mechanics of sani-
tary landfilling. While the language of some of the regulations appears to
be directed toward land disposal sites operated for public use, nothing was
found which seems to preclude private landfills provided the proper approval
or permit is achieved. The statutes and regulations of the 15 "geothermal"
states are identified in Table V-12. The administering agencies are shown
in Table V-2.
Alaska
Chapter 60, 18 AAC, Solid Waste Management —
These regulations, promulgated and administered by the Department of En-
vironmental Conservation, simply require solid waste to be collected, stored,
transported, and disposed of so as to control, prevent, or abate pollution of
the air, water, land, and subsurface land. Regional authorities are permitted
to adopt more stringent requirements.
Arizona
Rules and Regulations for Refuse and Other Objectionable Wastes, Article 2,
Part 4 —
These regulations were adopted and are administered by the Department of
Health Services. They specify that the collection and disposal of all refuse
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TABLE V-12. STATE STATUTES AND REGULATIONS
Solid Waste Disposal
State
Alaska
Arizona
California
Colorado
Hawaii
Statute
Alaska Dept. of Envi-
ronmental Conservation
Act, Laws of Alaska,
Title 44, Chapter 46
A.R.S. 36-105, B., 10
Solid Waste Management
and Resource Recovery
Act of 1972, Calif.
Government Codes, Title
7.3 and Health and Safe-
ty Code, Part 2, Div. 5
Hazardous Waste Control
Act, Calif. Health &
Safety Codes, Div. 20
Title 30, Article 20,
Part 1, Solid Wastes
Disposal Sites and
Facilities Law
Environmental Quality
Law Chapter 342, Hawaii
Revised Statutes
Regulation
Title 18, Alaska Administra-
tive Code, Environmental Con-
servation, Chapter 60, Solid
Waste Management
Arizona Solid Waste Rules
and Regulations for Refuse
and Other Objectionable
Wastes, ARS, Title 36, Chap-
ter 1
Statewide Policy for Solid
Waste Management Including
Minimum Standards for Solid
Waste Handling and Disposal
Sections 66783.1 and 66784,
Government Code
(Also see water pollution
control regulations.)
Solid Wastes Disposal Sites
and Facilities
Solid Waste Management Con-
trol Regulations
Idaho
Idaho Solid Waste Law,
Title 31, Chapter 44,
Idaho Code; Chapter
104, Laws of 1970, as
amended
Solid Waste Management Regu-
lations and Standards
Louisiana Solid Waste Laws, Re-
vised Statutes of 1950,
Titles 33 & 40
Louisiana Solid Waste Regu-
lations, Chapter 4, Sanitary
Codes
Continued
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Table V-12 (Continued)
Montana Refuse Disposal Control Refuse Disposal Regulations,
Law, Title 69, Chapter Title 16, MAC, as amended
40 RCM 1969
Nevada Nevada Solid Waste Regulations Governing Solid
Disposal Law, Nevada Waste Management
Revised Statutes
444.440-444-630
New Mexico Environmental Improve- Solid Waste Management Regu-
ment Act, Chapter 277, lations
Laws of 1971, as amended
Oregon Oregon Environmental Chapter 340, Oregon Admini-
Laws, Chapter 459, as strative Rules Compilation,
amended Solid Waste Management in
General and Procedures of
Issuance, Denial, Modifica-
tion, and Revocation of
Licenses for the Disposal
of Environmentally Hazardous
Wastes
Texas Solid Waste Disposal Regulations on Disposal of
Act, Act of 1969, Chap- Industrial Solid Waste
ter 405, Article 4477-7,
Vernon's Annotated Civil
Statutes, as amended
Utah 26-15-5, U.C.A., 1953, Code of Solid Waste Regula-
as amended tions
Washington Chapter 70.95, RCW, Chapter 173-301, WAG, Regu-
Solid Waste Management lation Relating to Minimum
Law Functional Standards for
Solid Waste Handling
(and numerous other specialized laws and rules)
Wyoming Environmental Quality Solid Waste Management Rules
Act of 1973, Article 5, and Regulations
Solid Waste Management
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not acceptable for collection by a collection agency are the responsibility
of the facility where the refuse accumulates. However, no criteria for un-
acceptable wastes are given nor are "collection agencies" defined. It is
assumed from other sections that anything which does not qualify as garbage
refuse, rubbish, ashes, or manure probably is not acceptable. All dangerous
materials and substances are to be rendered harmless, where necessary, prior
to collection and disposal. No explanation is given as to what constitutes
a "necessary" situation.
The methods of disposal recommended include sanitary landfill, incinera-
tion, and composting. Nothing more environmentally acceptable for toxic
wastes is suggested. Approval for the disposal method must be obtained from
the state or a local Department of Health.
California
Minimum Standards for Solid Waste Handling and Disposal (Register 75, No. 18,
Title 14, Division 7) —
These standards were adopted by the Sqlid Waste Management Board which
administers them jointly with the Department of Health. They are designed to
describe levels of performance expected rather than setting forth detailed
requirements; operators and designers are generally permitted flexibility of
approach in meeting the objectives set by the standards. Solid wastes are
defined to include solid and semisolid industrial wastes and liquid wastes
disposed of in conjunction with solid wastes. The disposal site standards,
however, apply only to those which receive Group 2 wastes as defined by the
state water pollution control regulations — i.e. , wastes which consist of
or contain chemically or biologically decomposable material, but which do not
include toxic substances nor those capable of significantly impairing the
quality of usable waters.
The latter wastes are defined in Subchapter 15 of the California water
regulations as Group 1 wastes and disposal is required in Class I disposal
sites. These sites are discussed in Section III. Group 1 wastes specifi-
cally include brines from geothermal plants and rotary drilling muds contain-
ing toxic materials. Thus, the water regulations are much more important to
the geothermal industry in terms of land disposal of wastes than the above
entitled standards for solid waste handling at Class I sites.
There is, however, a provision in the California Solid Waste Management
and Resource Recovery Act of 1972 which, depending upon its interpretation,
appears to offer an alternative. It states that "no provision of the Act or
any ruling pursuant thereto will limit the right of any person to dispose of
organic and toxic waste materials on his own property in evaporization (sic)
ponds from which there is no drainage or seepage." No other criteria are
applied. Since the bulk of geothermal activity is on leased land its appli-
cation would, in any event, be limited.
Hazardous wastes cannot be deposited at Class II sites unless the site
has been approved for the particular wastes. Liquid wastes and sludges may
be accepted only as approved by the California Regional Water Quality Control
Board.
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The general design and public health design parameters require that con-
sideration be given to all data regarding the site (nature and quantity of
wastes, climatological factors, physical setting, present and planned use of
adjacent land, etc.) and to other factors such as air and water quality and
noise and odor control.
These regulations were effective July 1, 1976. A state spokesman pointed
out that new drilling mud disposal sites will be subject to Section 66783.1 of
Chapter 541 of the state code which requires approval of new disposal sites
by the state Solid Waste Management Board in counties until a solid waste
management plan is adopted.
Colorado
Title 30, Article 20 - Part 1, Solid Waste Disposal Sites and Facilities —
This statute governs solid waste disposal sites in unincorporated coun-
ties and authorizes incorporated areas to designate such sites. However, it
exempts private dumping on one's own property as long as it does not consti-
tute a public nuisance and is in accordance with the rules and regulations
of the Department of Health. These regulations follow.
Solid Wastes Disposal Sites and Facilities —
These regulations apply to all solid waste disposal sites within the
state whether they are located in incorporated or unincorporated areas.
"Solid waste" includes waste materials from industrial activities. Minimum
standards, design criteria, operating practices, and closing requirements are
established which pertain to such standard items as odor control, minimization
of nuisance conditions, etc. Radioactive materials are barred from disposal
in sites not specifically designated for that purpose, but there is no re-
ference to other specific wastes, such as drilling mud, which might be po-
tentially troublesome to geothermal operations. No provision is made for
secured landfill.
Hawaii
Chapter 46, Public Health Regulations, Solid Waste Management Control —
These regulations, promulgated and administered by the Department of
Health, require a permit for the disposal of solid wastes except for soil,
rock, concrete, or other nondecomposable materials disposed of in landfill
sites used by the owner or person in control of the premises.
Each county is directed to see that facilities for the disposal of hazard-
ous waste materials are available. If toxic, caustic, or otherwise hazard-
ous wastes are delivered directly to a landfill, they must be rendered non-
hazardous by chemical neutralization or stabilization prior to final disposal.
Specially constructed trenches or pits are required for the disposal of
chemical wastes in landfill. These must be designed to retain the wastes
and prevent infiltration into ground and surface waters.
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Idaho
Solid Waste Management Regulations and Standards —
These regulations were adopted by the Board of Health and Welfare and are
implemented by the Department of Health and Welfare. They require that all
solid wastes shall be managed from storage to disposal in a manner which will
prevent health hazards, public nuisances, or pollution of the environment.
Specifically, handling methods are not to:
1. Provide sustenance to rodents or insects which are capable of causing
human disease or discomfort;
2. Cause or contribute to the pollution of air;
3. Cause or contribute to the pollution of surface or underground waters;
4. Cause excessive abuse of land;
5. Cause or contribute to noise pollution;
6. Abuse the natural aesthetic quality of an area; or
7. Physically impair the environment to the detriment of man and benefi-
cial plant life, fish, and wildlife.
Conditional use permits for disposal areas which are less than sanitary
landfills may be acquired under some conditions. These circumstances include:
1. Extremely low population density in an isolated area;
2. Geology or topography of the area is such to prohibit a sanitary
landfill;
3. No collection or transfer system is available or practical;
4. Local climatic conditions are too adverse;
5. There is no involvement of federal lands or federal facilities;
6. Wastes are of a type not suitable for disposal in a sanitary landfill;
or
7. Other unusual circumstances.
The standards for sanitary landfill include a requirement for a suffi-
cient number of borings or wells to determine the soil characteristics, geo-
logy, and groundwater conditions and for background water quality standards.
A well to monitor groundwater quality may be required at those sites where
conditions of rainfall, geology of the site, soil characteristics, ground-
water management, and drainage are marginal. Where surface waters may cause
a leachate problem or if a leachate problem develops, a collection and treat-
ment system will be required.
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Disposal of liquids and hazardous wastes in a sanitary landfill is not
permitted until the methods of disposal, suitability of the site, and plan of
operation have been approved and a conditional use permit issued. When possi-
ble, all toxic and hazardous wastes are to be neutralized or otherwise made
harmless prior to disposal.
Louisiana
Louisiana Solid Waste Laws (Louisiana Revised Statutes of 1950; Title 33,
Section 1333; Title 40, Sections II. 1 and 1299.36) —
The one provision of these short statutes of particular interest is that
they expressly permit the entry of oil production waste material from off-
shore locations into the state for disposal in abandoned wells.
Chapter X, Sanitary Code, Sewerage and Waste Disposal - Refuse - Garbage
- Rubbish - Ashes — These regulations do not address industrial wastes. New
regulations are being developed under the State's Solid Waste Management Plan
which is in the jurisdiction of the Health and Human Resources Administration.
Montana
Montana Refuse Disposal Regulations (Montana Administrative Codes: Title 16)—
These regulations also employ designations of Class I, II, and III dis-
posal sites and of Groups 1, 2, and 3 wastes very much like the approach of
California. Most geothermal process wastes would fall in Groups 1 and require
Class I disposal. These sites are sanitary landfills which must not allow
discharge of disposed materials or their byproducts to ground or surface
waters. They must either confine the wastes to the disposal site with no
likelihood that the wastes will escape or they must be situated in a location
where the leachate from the wastes can only penetrate into underlying forma-
tions which have no hydraulic continuity with usable waters. Class I sites
shall not be located where underlying geological formations contain rock frac-
tures or features which might lead to pollution of underground waters.
The Division of Environmental Sanitation, Department of Health, both
adopted and administers these regulations.
Nevada
Regulations Governing Solid Waste Management —
These regulations were adopted by the Board of Health and are implemented
by the Solid Waste Office in the Bureau of Environmental Health. They permit
District Boards of Health and municipalities to adopt more restrictive stan-
dards for the location, design, construction, operation, and maintenance of
solid waste disposal operations and to issue permits. Potentially hazardous
materials may be deposited at land disposal sites only if provisions for such
disposal are included in the operational plan and approved by the health
authority. Hazardous liquid wastes are to be neutralized or solidified before
disposal. Completed hazardous waste burial areas must be covered with a layer
of suitable cover material compacted to a minimum uniform depth of 91 cm
(36 in.).
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New Mexico
Solid Waste Management Regulations —
These regulations apply largely to disposal sites which are operated to
receive the solid wastes of municipalities, counties, etc., and do not exclude
any types of waste. In addition, a property owner may dispose of solid waste
on his own property which is generated there if he disposes of it in a manner
that does not create a nuisance or a hazard to health or pollute any body of
water. They were adopted by the Environmental Improvement Board which also
administers them.
Oregon
Solid Waste Management, Chapter 340, Oregon Administrative Rules Compilation —
These regulations were adopted by the Environmental Quality Commission
and are implemented by the Department of Environmental Quality. They include
separate and very strict controls on the disposal of environmentally hazardous
wastes. Disposal of these wastes is only permitted on real property owned by
the state. A license is required which establishes minimum requirements for
the disposal of hazardous wastes, limits as to types and quantities of materi-
als, minimum requirements for operation, maintenance, monitoring, and super-
vision.
Anyone proposing to establish a hazardous waste disposal site must report
in detail supporting information to justify the necessity for a site.
The disposal method required for other wastes is sanitary landfilling
unless a modified landfill is authorized. The latter is a disposal by com-
paction in or upon the land and cover of all wastes deposited at specific
designated intervals, but not necessarily each operating day. They must be
located a minimum of 0.4 km (0.25 mi) from the nearest existing residence or
commercial establishment other than that used by the landfill operation.
Leachate production is to be minimized and where required is to be col-
lected and treated in an approved manner.
Texas
Texas Water Quality Board Industrial Solid Waste Management Regulation —
These regulations, adopted and administered by the Department of Health
Resources, also embrace the Class I, II, and III disposal site and Group 1,
2, and 3 wastes approach. They are also extended to cover shipping require-
ments to off-site disposal facilities. Wastes generators who dispose of Class
I or II wastes on-site must maintain records on the quantity, character, and
classification of the waste, and the method and location of disposal. For
purposes of classifying waste materials, the Texas Water Quality Board may
require a chemical analysis and a written description, or it may take samples
of the waste for analysis, or both.
Utah
Code of Solid Waste Disposal Regulations —
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The Board of Health and the Water Pollution Committee adopted these reg-
ulations which are implemented by the Department of Science Services. They
require that the design plan for a sanitary landfill disposal site include
special provisions for handling special and/or hazardous wastes. These pro-
visions are to include, where necessary, a separate area for such wastes de-
signated by appropriate signs. Hazardous wastes are to be covered with 15.2
cm (6 in.) of cover material immediately after they are deposited.
The code is supplemented by a detailed interpretation of the hazardous
and special waste disposal provisions which point out that such waste material
is to be accepted for disposal on a case-by-case basis - i.e. , based on type
of wastes, volume, solubility, volatility, presence of noxious fumes, degra-
dation rates, and other factors pertinent to immediate and long range protec-
tion. Radioactive wastes are not to be accepted at any landfill. One rather
unusual provision is that when hazardous waste materials are refused for dis-
posal, the generator should notify the State Division of Health since refusal
may result in indiscriminate dumping at unauthorized localities.
Washington
Regulations Concerning Solid Waste Management in Washington State WAG 16-34-
010 - WAC H80-70-440 —
The Department of Ecology is both the promulgating and administering
agency of these regulations. They define "disposal site" to include both
sanitary landfills and dumps and other means of disposal. Pollution control
measures are to be provided as follows:
1. Surface runoff water from around the disposal site and from roof
drains shall be intercepted and diverted around or under the disposal
site.
2. Surface runoff from the disposal operation itself shall not cause
violation of applicable receiving water standards.
3. Groundwater pollution controls shall be provided as needed. The de-
tailed plans for such controls shall be provided.
4. Air pollution and dust controls shall be provided as needed.
5. Open burning is prohibited.
6. Noise controls shall be provided as needed.
7. The disposal site shall be maintained in a reasonably clean and sani-
tary condition.
Pollution prevention measures include the determination on a case-by-case
basis the minimum separation between the bottom of the fill and the highest
groundwater when hazardous wastes are involved.
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Wyoming
Solid Waste Management Rules & Regulations —
The applicability of these regulations, adopted by the Environmental
Quality Council, to the solid waste disposal practices of geothermal operators
appears to be established by the section which applies the regulations to any
"person," "corporation," "business trust," or "other entity" involved in any
aspect of the management, control, or disposal of solid waste. This does not
exempt disposal of solid wastes on one's own property. This is subsequently
confirmed when "dumping" is limited to a single family unit or household on
its own residential property subject to certain restrictions.
"Industrial landfill" and "hazardous waste facility" are among the vari-
ous waste disposal operations separately classified. Both must have the ap-
proval of the Department of Environmental Quality to which construction and
operating plans must be submitted. These plans must include area maps show-
ing land use and/or zoning within 0.8 km (0.5 mi) of the proposed disposal
site which are detailed enough to show all buildings, water wells, water cour-
ses, roads, and other applicable details. The information required for on-
site operation are the common ones variously described above including geo-
logical formations and soils analysis, depth to the highest groundwater table,
methods to protect surface and groundwater, treatment and recovery processes
to be utilized, among others. However, one requirement is somewhat more ex-
plicit than in some other regulations. This includes "types, characteristics,
and quantities of wastes to be handled at the site. Common, trade, and chemi-
cal names of ... the different materials (caustic, toxic, water soluble, flam-
mable, solid, liquid, slurry, etc.), amounts per day, per month, per year."
The minimum operating standards for the industrial classification are
somewhat less demanding than those for the hazardous classification. The mi-
nimum requirements for the latter include the following, among others:
1. All precautions must be taken to prevent unauthorized entry into the
disposal site.
2. All sites must be located away from flood plains, natural depressions,
and excessive slopes unless detailed engineering plans indicate ac-
ceptability.
3. Sites must not be located near any elements of drinking water supply.
4. Whenever possible, sites shall be located in areas of impermeable
soils. (Emphasis is added to show difference between this more
permissive requirement and the mandatory requirement of California
and other states for impermeability.)
5. The site must be located and designed to a) contain any runoff from
accidental spills and b) prevent hydraulic surface or subsurface con-
nection between flowing or standing water.
6. All trenches, ponds, holding tanks, etc. must be lined so as to pre-
vent leaching or transmission of materials from the site.
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7. Records must be maintained on the amounts of wastes received, types
according to chemical analysis, date received, and location.'
8. Precautions must be taken to avoid mixing of incompatible material.
9. When the site is completed the working areas must be encapsulated to
prevent the migration of the water into or out of the material.
There is a waiver provision which is especially important to geothermal
operations. This permits the Department to grant waivers to the solid waste
regulations which "are necessitated by reason of .. industrial operations re-
mote from authorized solid waste disposal sites and which do not create a
health hazard, public nuisance, or are not a detriment to the environment."
This immediately precedes an exemption at oil drilling sites regulated by the
Wyoming Oil and Gas Commission, USGS, and BLM.
NOISE REGULATION
As shown in Table V-13, five of the 15 states covered by this report have
noise control statutes and three have regulations in this area. The documents
are summarized below.
Other states, however, undertake to control noise emanating from geother-
mal operations in their special regulations governing geothermal development.
These were discussed earlier in this section and are usually only general
prohibitions with no specific standards.
California
Noise Control Act, West's Ann. Cal. Health and Safety Code Section 46000 et
seq. —
This law established an Office of Noise Control within the Department of
Health. No regulations have yet been filed, however.
Colorado
Title 25, Article 12, Noise Abatement —
This statute first prohibits noise which is objectionable because of in-
termittence, beat frequency, or shrillness. It then declares that sound le-
vels at a distance of 8 m (25 ft) or more from a property line in excess of
the following are prima facie evidence that the noise is a public nuisance:
7:00 am to 7:00 pm to
Zone next 7; 00 pm next 7:00 am
dB(A) dB(A)
Residential 55 50
Commercial 60 55
Light Industrial 70 65
Industrial 80 75
In the daytime, these noise levels may be increased by 10 dB(A) for a 15-
minute period in any hour. Periodic, impulsive, or shrill noises are to be
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TABLE V-13. STATE STATUTES AND REGULATIONS
Noise Control
State
Alaska
Arizona
California
Statute
None
None
Noise Control Act
Regulations
None
None
None
Colorado
Hawaii
(West's Ann. Cal.
Health and Safety
Code Sec. 46000
et seq.
Title 25, Article
12, Noise Abatement
No state regulations.
Some adopted at local
level.
Environmental Laws
and Regulations. Vol.
1, Part IV
Idaho
Louisiana
Montana
Nevada
New Mexico
Oregon
Texas
Utah
Washington
None
None
None
None
None
Oregon Environmen-
tal Laws, Chapter
467
None
None
Noise Control Act
None
None
None
None
None
Noise Control Regulations,
Chapter 340, Oregon Adminis-
trative Rules
None
None
Maximum
Environmental Noise
Wyoming
of 1974, Chapter
70, 107 RCW
None
Levels, Chapter 173-60, WAC
None
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considered a public nuisance when they are 5 dB(A) less than those shown above.
Hawaii
Community Noise Control for Oahu Public Health Regulations, Chapter 44B —
These regulations, promulgated and administered by the Department of
Health, prohibit "excessive" noise at or beyond property lines. Allowable
noise levels at the property line are as follows:
Daytime Nighttime
Zoning Districts 7 am to 10 pm 10 pm to 7 am
dB(A) dB(A)
Residential 55 45
Preservation 55 45
Apartment 60 50
Hotel 60 50
Business 60 50
Agricultural 70 70
Industrial 70 70
"Excessive noise" means any sound or sequence of sounds which exceeds these
levels more than 10 percent of the time in any 20-minute period. An exception
is that the allowable noise level for impulsive noise is 10 dB(A) above the
levels in the table. Impulsive noise is defined as any sound with a rapid
rise and decay of sound pressure level, lasting less than one second, caused
by sudden contact between two or more surfaces or by a sudden release of
pressure. On-site vehicles or construction equipment which requires an ex-
haust of gas or air must be muffled.
The Director of the Department of Health may grant permits to operate
equipment which emits noise in excess of the above limits under certain con-
ditions such as when the activities are temporary and cannot be delayed to a
time period in which they would be permitted. There are the following limi-
tations on permits for construction activities, however:
1. No permit shall be granted for construction activities creating ex-
cessive noise when measured at or beyond the property line for the
hours before 7:00 am and after 6:00 pm of the same day.
2. Construction activities which emit noise in excess of 95 dB(A) at or
beyond the property line of the construction site shall be restricted
to the hours between 9:00 am and 5:30 pm of the same day.
3. Construction activities which exceed the allowable noise levels shall
be prohibited on Sundays and on the following holidays: New Year's
Day, President's Day, Memorial Day, Kamehameha Day, Independence Day,
Labor Day, Discoverer's Day, Veteran's Day, Thanksgiving Day, and
Christmas Day. Activities exceeding 95 dB(A) shall be prohibited
on Saturdays.
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These regulations presently apply to Oahu only but It can be expected
that activities which would create excessive noise in the more pristine is-
lands would be subjected very quickly to similar requirements.
Oregon
Noise Control Regulations (Chapter 340, Oregon Administrative Rules Compila-
tion —
Noise levels generated by new industrial noise sources are limited to the
following levels:
Allowable Statistical Noise Levels in Any One Hour
7 am - 10 pm 10 pm - 7 am
- 55 dB(A) L50 - 50 dB(A)
- 60 dB(A) LIQ - 55 dB(A)
- 75 dB(A) LI - 60 dB(A)
"Statistical Noise Level" means the noise level which is equalled or is exceed-
ed a stated percentage of the time. An LIQ - 65 dB(A) implies that in any hour
of the day 65 dB(A) can be equalled or exceeded only 10 percent of the time, or
for six minutes.
Notwithstanding the allowable levels in the table, a new industrial noise
source may not be operated on property previously unoccupied by an industrial
source if the noise levels generated will increase the ambient statistical
noise levels, LIQ or ^50> ift any one h°ur by more than 10 dB(A) as measured at
an appropriate point.
"Quiet Areas" may be established in wilderness areas, national and state
parks, game reserves, or similar areas where the following limitations will
apply:
7 am - 10 pm 10 pm - 7 am
- 50 dB(A) L50 - 45 dB(A)
- 55 dB(A) LlO - 50 dB(A)
LI - 60 dB(A) LI - 55 dB(A)
Notwithstanding the above rules, the operation of an industrial noise
source which emits an impulse sound in the air, as measured at the appropriate
point, which has a peak sound pressure level in excess of 100 dB during the
hours 7 am to 10 pm and 80 dB between the hours 10 pm and 7 am is prohibited.
"Impulse sound" is defined as either a single pressure peak or a simple burst
(multiple pressure peaks) for a duration of less than one second as measured
on a peak unweighted sound pressure measuring instrument.
When the Department of Environmental Quality believes that the levels in
the above tables do not adequately protect the public health, safety, or wel-
fare, the Department may prohibit the operation of a noise source if the opera-
tion generates octave bands sound pressure levels which exceed the following:
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Allowable Octave Band Sound Pressure Levels
Octave Band Center
Frequency, Hz 7 am - 10 pm 10 pm - 7 am
31.5 68 65
63 65 62
125 61 56
250 55 50
500 52 46
1000 49 43
2000 46 40
4000 43 37
8000 40 34
The regulations go on to set still further highly technical alternative
restrictions which may be imposed under certain conditions.
The "appropriate measurement point" means one of two points on the noise
sensitive property, whichever is further from the noise source — i.e., 8 m
(25 ft) toward the noise source from that point on the noise sensitive build-
ing nearest the noise source, or the point on the noise sensitive property
line nearest the noise source.
Measurement methods will be prescribed and monitoring may be required.
Sounds created at construction sites are exempt.
Washington
Maximum Environmental Noise Levels Chapter 173-60 WAC —
These regulations establish "environmental designations for noise abate-
ment" (EDNA), the areas or zones within which the maximum permissible noise
levels are established. Typically, Class A EDNA embrace property used for
human habitation (including camps, parks, etc.); Class B are lands involving
uses requiring protection against noise interference with speech (hotels,
restaurants, retail and commercial services, theatres, stadiums, etc); Class
C includes warehouse, industrial, agricultural, and similar areas.
The maximum permissible noise levels intruding into the property of an-
other are as follows:
EDNA OF NOISE SOURCE EDNA OF RECEIVING PROPERTY
Class A Class B Class C
CLASS A 55 dB(A) 57 dB(A) 60 dB(A)
CLASS B 57 60 65
CLASS C 60 65 70
These are subject to the following exceptions:
1. Between the hours of 10:00 pm and 7:00 am the noise limitations of
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the foregoing table shall be reduced by 10 dB(A) for receiving prop-
erty within Class A EDNAs.
2. At any hour of the day or night the applicable noise limitations in
(a) and (b) above may be exceeded for any receiving property by no
more than:
a. 5 dB(A) for a total of 15 minutes in any one-hour period; or
b. 10 dB(A) for a total of 5 minutes in any one-hour period; or
c. 15 db(A) for a total of 1.5 minutes in any one-hour period.
Sounds resulting from construction are exempt except in Class A EDNAs be-
tween 10:00 pm and 7:00 am. Such sounds are to be covered in new standards.
Nothing in the regulations precludes required installation of the best
available noise abatement technology consistent with economic feasibility.
Nor are local governments prohibited from preventing noise as a nuisance.
Enforcement will be undertaken only on the complaint of a person affected
by the noise. Any required measurement is to be conducted with a sound level
meter at any point within the receiving property.
The state encourages noise control at the local level and the Department
of Ecology will not engage directly in enforcement when a local government
has an approved program.
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SECTION VI
COUNTY GEOTHEKMAL REGULATIONS
The final or draft documents of nine counties in California and one in
Oregon which undertake to regulate geothermal development within their borders
are summarized below. These include Sonoma County (site of The Geysers),
Napa, Imperial, Plumas, Mono, Modoc, Inyo, Lassen, and Lake Counties in Cali-
fornia and Malheur County in Oregon. It is understood that use permits are
also required for geothermal development in Eureka, Churchill, and Washoe
Counties in Nevada and Box Elder County in Utah [19].
SONOMA COUNTY, CALIFORNIA
A new county geothermal ordinance is being drafted within the Sonoma
County Planning Department. It is not completed and is not available at this
time.
The County, according to a Planning Department source, has been handling
geothermal development through its Zoning Ordinance (Chapter 26, Sonoma County
Code) and an Ordinance Adopting Procedures for Implementing the (California)
Environmental Quality Act of 1970 (Ordinance No. 1628, as amended).
The zoning ordinance establishes various types of districts in which
specific uses of land and buildings are permitted or prohibited. In most
districts, certain uses are permitted without a permit and a permit is re-
quired for others. The removal of minerals is permitted in any district with
the exception that no geothermal activity other than exploratory drilling or
leasing may occur in the districts which are designated Exclusive Agricultur-
al. This type of district was set aside to implement the California Land
Conservation Act of 1965 to preserve land for the commercial production of
agricultural commodities. A use permit is required for mineral extraction.
In addition, public utility transmission lines, both overhead and under-
ground, are permitted in all districts without a use permit, provided the
Planning Commission reviews and approves the routes. Similarly, the public
roads or highways, sewer and wastewater lines and accessory facilities, water
supply lines and accessory facilities, and drainage channels or pipes are
permitted in all districts subject to compliance with other county regulation
of such activities.
The county's environmental impact report procedures provide several ways
of defining a "Private Project" as a first step in determining whether an EIR
is required for the proposed activity. In line with the state EIR guidelines,
these are primarily projects for which some kind of county approval—license,
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certification, use permit, etc. — is required. In this way, geothermal pro-
duction is defined as a "private project" by virtue of the necessity for a use
permit. The attendant activities listed above also require various state/
county certifications which also place them under the EIR umbrella.
The procedures for determining the eligibility of a project for EIR prep-
aration are, of course, also in line with the state guidelines since the
counties are presently acting as lead agencies under the guidelines. The
ascending order of decision-making EIR authority is the county Planning Direc-
tor, Environmental Protection Committee (made up of representatives of various
county departments), and the cognizant planning agency (in the case of geother-
mal production, the Board of Zoning Adjustment). The opportunity for public
comment is provided on both negative declarations (no EIR needed) and on the
draft EIR's. It is the Planning Director's responsibility to prepare the EIR
or have it prepared by an outside consultant. To the contrary of requiring
approval or disapproval of a project no later than a given period, action may
not be taken by the Board for approximately a month after a negative declara-
tion or EIR is filed.
NAPA COUNTY, CALIFORNIA
The Napa County Conservation, Development, and Planning Department has
drafted a proposed ordinance dealing with geothermal development. The draft
is entitled:
An ordinance of the Board of Supervisors of the County of Napa,
State of California, Regulating the Use of Land for Certain
Exploration and Development Activities for Oil, Gas and Geo-
thermal Resources, by Use Permit Within the County of Napa;
Providing Bonding and Insurance Requirements in Connection
With Such Permit.
The ordinance would establish procedures for the exploration and possible
development and conservation of geothermal steam, associated geothermal re-
sources, and/or hot water; the prevention of waste; the protection of the
public interest; and the protection of air and water quality and other envi-
ronmental qualities.
Use Permits
Two types of use permits are authorized. The first is for temporary ex-
ploratory holes under 150 m (500 ft) in depth which must be sealed within 90
days from the time drilling begins. The other is for a geothermal exploration
or development project which involves wells deeper than 150 m (500 ft) and/or
geophysical and geologic exploratory operations, construction of roads, power
plants, steam or electrical transmission lines, or other appurtenant features.
The applications for both types of permits require proof that all test
measurements and waste discharge programs have been submitted to and are being
processed by the Regional Water Quality Board. Other provisions of both re-
quire information relating to proposed land use and land contour. The explo-
ration and development permit application also requires a description of the
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noise attenuation program to be employed, including estimates of sound pres-
sure levels, scale and frequency bands which are expected from generators,
air compressors, blooie lines, clean-out, and test operations after attenua-
tion. A tentative plan must also be filed which shows the size and location
of power generation, mineral extraction, desalination, pumping stations, and
other surface facilities including their relationship to known geological
fault zones.
A use permit would be issued subject to the terms and conditions that
the Conservation, Development, and Planning Commission feels necessary to in-
sure adequate protection of the public interest. These may include, but are
not limited to, the categories of pesticides, herbicides, water quality con-
trol, sanitation and waste disposal, land subsidence, seismic activity,
aesthetics, fish and wildlife, antiquities and historical sites, and restora-
tion. Such conditions to the project will be attached by reference to the EIR.
Denial of Permits
The bases for permit denial are so comprehensive that it is felt that
they warrant full reproduction here. The Commission will be required to deny
any application if it finds any of the following:
"A. Adequate mitigation measures do not exist for all forms of air,
land, water and noise pollution, including, but not limited to, the control
of erosion and the disposal of liquid, solid and gaseous wastes, protection
of surface and sub-surface waters, plants, humans, fish and wildlife and
their habitats.
"B. The establishment, operation and maintenance or the use of building
applied for, will, under the circumstances of the particular case, be
materially detrimental to the health, safety, peace, comfort, and general
welfare of persons residing or working in the vicinity of the use, or the
general welfare of the County will be endangered by damage to components of
the ecological system such as vegetation, air, water, crops, household and
agricultural water supplies from erosion increase, water quality degradation,
groundwater infiltration, habitat loss, noise, dust, impact on fragile or
sensitive areas, wildlife disturbance, impedance of wildlife movement,
aesthetics disturbance, land use and cultural use disturbance, road failures,
off-site land degradation, seepage, spillage, or escape of toxic materials,
liquids or drill muds, venting or spillage of biosensitive materials, unac-
ceptable sump materials dumping sites and neutralization of biosensitive sump
materials, and system wide leakages or emissions due to breakdowns, punctures
or vandalism, full or partial steam and gases vented to the atmosphere caus-
ing vegetation, crop, wildlife, aquatic organisms, domestic animals or human
damage; and additional environmental changes of an air quality nature such as:
"1. Impact of potential acid rainfall and potential effect on vege-
tation, wildlife, aquatic organisms, human health, air chemistry, and agri-
cultural production. Non-condensible gas status impact for carbon dioxide,
methane, hydrogen, nitrogen, argon, mercury vapor, strontium, hydrogen sul-
fide, ammonia, ethane, radon, etc.
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"2. Potential contributions to smog from photo-oxidation of hydro-
gen sulfide and ammonia. Probability of significant effects from dissemina-
tion of these substances as both gases and aerosols over Napa County, espe-
cially Napa, Pope, and Chiles Valley and Lake Berryessa. Evidence of effects
are not known, are inconclusive or the acceptability limits are not known.
"3. Location and remote effects of increased levels of emissions
from full field development arising from non-condensible gases and such other
materials as boron, chlorides, heavy metals particularly mercury, lead, cop-
per, etc., and radioactive materials such as radon and strontium or biota of
all types in relation to standards such as EPA, State Health Department, etc.
"4. Premature condensation of moisture in air preventing thunder-
storms in the Sierra Nevada and local climate modification such as increased
fog and ice."
Review of Permit
The proposed ordinance authorizes review of permits after one year and
thereafter at intervals of not less than 36 months. The Commission may amend
or revoke the permit if it finds that the permit "adversely affects the pub-
lic health, safety, peace, morals, comfort and general welfare or the condi-
tions above under 'Denial of Permits' are not being met."
IMPERIAL COUNTY, CALIFORNIA
Imperial County has adopted a policy which will permit geothermal pro-
duction projects in designated locations and under prescribed terms and con-
ditions under an interim plan pending preparation of a final plan. The Coun-
ty has a study grant from the National Science Foundation to develop a geo-
thermal element of the county general plan. The objectives of the plan are
to:
1. Facilitate development of geothermal energy at feasible locations.
2. Mitigate undesirable environmental or social impacts of geothermal
development.
3. Provide reasonable and effective regulation.
In addition to the plan, the project is to produce a document presenting
research methodology and study results to be made available to other areas
faced with the task of assessing impacts and formulating policy to control
newly-developed energy resources. The University of California at Riverside
(UCR) and the California Institute of Technology are working on specific task
assignments under the grant. The environmental analysis, including a study
of subsidence, is being conducted at UCR.
Terms, Conditions, Standards, and Application Procedures
for Initial Geothermal Development
Water pollution control and solid waste disposal are handled in this
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document simply by stating that as a general condition all waste, whether liq-
uid or solid, must be disposed of in compliance with existing county, state,
and federal rules and regulations. Proof that all test and waste discharge
information has been filed with the Regional Water Quality Control Board must
accompany a permit application. The plans for all permanent sumps, brine
ponds, and waste holding pools must be based on a soils investigation. Im-
pervious or lined pool bottoms are required.
All operations shall be conducted in compliance with the requirements of
the Imperial County Air Pollution Control Office. In addition, all operators
are directed to take steps to insure that no harmful or obnoxious gases are
released.
The site development and land use plan are to provide for maximum surface
land usage including preservation of farm lands. As their participation in
the Subsidence Detection Program operators are required to install a minimum
of one permanent benchmark per well as directed by the County Surveyor. The
operator is to tie this benchmark into the nearest point of USGS level net by
first order leveling techniques.
The drilling and production standards are very specific on the regulation
of noise. A graph is provided, shown here in Figure VI-1, which gives numeri-
cal limitations applicable to noise at the property boundary.
<
•**~s
TJ
FIGURE VI-1. NOISE LEVEL LIMITATIONS FOR ALL GEOTHERMAL
OPERATIONS IN IMPERIAL COUNTY, CALIFORNIA
90
80
70
60
50
40
30
-| \ 1 1 1 1 I
20 75 150 300 600 1200 2400 4800
75 150 300 600 1200 2400 4800 9600
Frequency Band CPS
Operators adjacent to or near existing development must also conform to
more stringent limitations. The graph shown in Figure VI-2 will be utilized
and the planning commission will determine which curve will apply. The above
155
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10 percent exception is also applicable.
All off-site collection pipelines are to be buried and in agricultural or
potential agricultural areas, holding ponds must be purged of brine, salts.
removed, and the berms leveled to the satisfaction of the county.
Information is required in the permit application on the relationship of
surface facilities to known active faults.
FIGURE VI-2. NOISE LEVEL LIMITATIONS FOR GEOTHERMAL OPERATIONS ADJACENT
TO OR NEAR EXISTING DEVELOPMENT IN IMPERIAL COUNTY, CALIFORNIA
90-
20
75
75
150
150
300
300 600 1200 2400 4800
600 1200 2400 4800 9600
Frequency Band GPS
* Land use designations
I - industrial; C - commercial; RD - residential day;
RN - residential night; S - school area
PLUMAS COUNTY, CALIFORNIA
Plumas County deals with geothermal development through its zoning law.
It is permitted in certain types of districts, usually subject to a Special
Use Permit. Under "Uses Permitted" in each district, geothermal resources are
mentioned as such only in the Exclusive Agricultural District. However, the
county Planning Department indicates that geothermal activities are permitted
in General Forest, General Agriculture, and Industrial Districts.
A special use permit issued in 1973 for a test geothermal well has some
environmentally-related provisions which appear to be unique. One is that the
permit does not commit the county to future development of the geothermal
field, approval of which depends upon a review of information on the signifi-
cant reservoir parameters supplied when testing is completed. This informa-
tion should include the following:
156
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a. Temperature
b. Rate of extrusion
c. Ratio of gas phase to fluid phase
d. Chemistry
1. Noncompressible gases
carbon dioxide
hydrogen sulfide
sulfur oxides
argon
oxygen
ammonia
hydrocarbons C^ - €5
2. Total dissolved solids
3. Total hardness
4. Alkalinity
5. pH
6. Other
7. Dissolved solids
bicarbonate
carbonate
hydroxide
chloride
sulfate
nitrate
fluoride, fluorine
iron
manganese
arsenic
boron
mercury
sodium
calcium
magnesium
potassium
xenon
other
This review will require an EIR addressed to the operator's entire lease-
holding which establishes where and how the operator will create future wells
and install generating facilities and transmission lines. It will also con-
sider potential hazards to public safety and welfare and magnitudes of the
impacts on wildlife, agriculture, water and air quality, and scenery. There
is no specific designation as to who will prepare the EIR.
As a means of air pollution control, if field development is permitted, a
closed production system will be required if a fluid phase geothennal system
is encountered or a minimum 80 percent reinjection system if a gaseous phase
system is present. The permit states that a newly developed closed system
157
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would be operational very soon, and an 80 percent reinjection system will prob-
ably be operational in two to four years.
The county also requires parallel development of agricultural use and
electric power generation of any geothermal resources discovered in order to
maintain its agricultural economy. This subject was to be addressed in the
EIR along with the county's intention to establish, presumably on the opera-
tor's leasehold, an ecological reserve for the protection of the habitat of
migrant waterfowl which would exclude geothermal operations. The county also
retained the authority to suspend site operations should unforeseen effects on
waterfowl be ascertained.
A permit is required from the county Air Pollution Control District prior
to well extension operations and air drilling operations, if employed. No
other reference is made to air pollution control.
Similarly no water quality or effluent standards are prescribed, but some
specific water pollution control requirements are imposed. These include the
confinement of all drilling mud, rock cuttings, and extruded fluids to steel
leak-proof containers; immediate notification to the county environmental
planner in the event of fluid spillage no matter what quantity; no interfer-
ence with established drainage patterns and water courses, and discontinuance
of operations during excessive rainfall and flood periods if health and safety
hazards are indicated. In addition, the operator is directed to transport ex-
truded geothermal fluids to the nearest Class I landfill (described under
California state regulations) if they are refused in Washoe County, Nevada.
Diesel mufflers are required to reduce drilling noise and the following
noise-level standards are established:
a. Noise shall not exceed 65 dB(A), USA Standards Institute Criteria, at
any human habitation (in this case, at the nearest ranch buildings).
b. Noise shall not exceed 90 dB(A) at the well site.
Another provision of the use permit which appears unique is that the
operator is directed to furnish an accurate measurement of well-site soil
shrink-swell potential and bearing capacity and to provide an engineering de-
sign for the well-site pad that describes anticipated static and dynamic loads
and justifies the calculated foundation design. Pursuant to approval of the
County Planning Director, the operator shall then construct such foundation
(excavation and engineered backfill, engineered ballast, etc.) as indicated
by the study.
MONO COUNTY, CALIFORNIA
The Mono County Department of Planning advised that with the establish-
ment of a KGRA within its borders and the drillings of two exploratory wells
in the early 1970's that it was felt necessary to establish county policy and
regulations looking toward geothermal development. Since that time, however,
the Department has experienced the inability to exercise any local jurisdic-
tion because of what its spokesman described as "multiple layers of federal
158
-------
bureaucracy." Seventy-nine percent of the land in the county is federally-
owned. The Department's role, according to the spokesman, has been limited
to that of defendant in law suits filed by environmentalists.
The county's position now is that it is without jurisdiction on public
lands and that the cognizant federal and state agencies must be responsible
for their actions in these areas.
Geothermal development on private land is subject to Conditional Use Per-
mits which are obtained on the merit of the individual application. The per-
mits are structured to permit amendments or additions to the conditions as
the need arises. It has been found that a rigid set of regulations which
attempts to cover all situations throughout the county becomes so burdensome
to both the applicant and the regulatory agency that it becomes unmanageable.
The Department feels that this approach results in under-restrictive or over-
restrictive regulations for any given situation.
MODOC COUNTY, CALIFORNIA
The Modoc County "Terms, Conditions, Standards and Application Proce-
dures for Initial Geothermal Development" are virtually identical to those of
Imperial County. The only significant differences are that: (1) data pre-
pared by a permit applicant for submission to state and federal agencies may
be substituted for information required by Modoc County if the data adequately
fill the requirements; and (2) the noise standard is much less specific in
that it only prohibits noise levels that will create a nuisance to nearby
residents.
INYO COUNTY, CALIFORNIA
The Geothermal Ordinance of Inyo County (Ord. 239, Section 1.20, 1973)
is also very similar to the Imperial and Modoc County documents although its
effects may be somewhat more restrictive. This is because certain require-
ments that apply only in previously developed areas in the other counties are
applicable countywide in Inyo County. There is one important addition in the
Inyo ordinance, however. This is a more detailed subsidence and earth move-
ment study which requires annual measurement and reporting of information
gained from benchmarks in a grid. If any subsidence or earth movement is
detected, the County Surveyor will specify the measurement and report sched-
ule.
An operator is also required to participate in a hot springs protection
program. This involves mapping all known or possible hot springs and filing
a report before the first exploratory well is drilled on the volume, rate of
flow, chemical composition, temperature, and other pertinent data on the
spring. Surveys of the wells are to be conducted at two-month intervals for
the first two years of a conditional use permit. If no adverse effects are
revealed, the survey period is extended to every six months. If adverse
effects appear to be of a permanent nature, the operator will be instructed
to begin a program to return the affected hot spring to its original state.
It was pointed out by an Inyo County spokesman that the Department of
159
-------
Water and Power of the City of Los Angeles is the fee owner of a considerable
amount of land in the county. Theoretically, he said, although Inyo County
does not concede the applicability, the use of this land could be subject to
regulation by the Los Angeles City Council or Board of Water and Power Commis-
sioners. While the resolution of this question is beyond the scope of this
study, it does point up another type of uncertainty which may surround a
potential geothermal developer's operations.
LASSEN COUNTY, CALIFORNIA
Geothermal wells are permitted in any zoning district of Lassen County
with the acquisition of a conditional use permit. An applicant first submits
a preliminary environmental questionnaire which provides the basis for the
county decision as to whether an EIR is required. Once the EIR procedure is
completed in accord with the state guidelines, the applicant files a very
brief application for his conditional use permit.
LAKE COUNTY, CALIFORNIA
Proposed Geothermal Development Ordinance
A proposed Geothermal Development Ordinance is pending in Lake County.
Under its provisions geothermal development is permitted in Class A areas
which are not defined except that they are suitable for geothermal development.
Geothermal activities are permitted in Class B — residential and recreation
— areas with the observance of special conditions, but are prohibited in
scenic areas. The County Planning Commission is given the supervisory author-
ity over geothermal development under use permits. Each permit is to be
individually conditioned in addition to the blanket conditions set by the pro-
posed ordinance; use permits are also conditional subject to review and poten-
tial amendment every six months. In addition to a general provision that all
well drilling, plants and power line construction, testing, and production
will not conflict with public health, safety, comfort, convenience, and gen-
eral welfare, some very specific environmental constraints are applied. Noise
levels are restricted as follows:
Sound Pressure in Decibels ("A" Scale)
Cycles per second Class A Areas Class B Areas
Below 75 80 65
75-150 75 60
150-300 70 55
300-600 64 55
600-1200 58 45
1200-2400 53 45
2400-4800 49 40
Above 4800 46 40
If the noise is not smooth and continuous and is not radiated between the
hours of 9 p.m. and 7 a.m., one or more of the corrections given below shall
be added to or subtracted from each of the specified decibel levels.
160
-------
Noise source operated less than 20% of any one-hour period; +5
Noise source operated less than 5% of any one-hour period; +10
Noise source operated less than 1% of any one-hour period; +15
Noise of impulsive character (hammering, etc.) -5
Noise of periodic character (hum, screech, etc,) -5
Noise present at between the hours of 10 p.m. and 7 a.m. on Monday
through Saturday or at anytime on Sunday or Holidays; -7
(from National Institute of Municipal Law Officers Model Noise Ordinance)
Other noise-related restrictions are also imposed. The most effective
muffling equipment available must be applied at all times to drilling, clean-
out, well testing, and producing operations, and compressors must be located
and screened to minimize noise and vibration.
In addition to requiring that air emissions from all geothermal activi-r
ties conform to state and county ambient air quality standards, a flat prohi-
bition is placed on the emission of hydrogen sulfide, ammonia, or other nox-
ious odors. All venting steam, steam condensate, or water discharges are to
be monitored periodically by a county Geothermal Control Officer for carbon
dioxide, ammonia, sulfur dioxide, hydrogen sulfide, CH^, mercury, arsenic,
boron, or other substances at the discretion of the Control Officer. The
operator is required to pay the cost of monitoring equipment and county per-
sonnel utilized. Where injection is practiced, wells and springs specified by
the Control Officer must be chemically analyzed prior to injection and yearly
as long as injection continues.
A minimum of two adjoining and connecting sumps must be provided to col-
lect all drilling effluent with no overflow, to be analyzed at the discretion
of the Control Officer. Environmentally harmful effluents must be removed by
truck to an approved location for disposal. Lining for temporary sumps may be
required, and permanent sumps or holding ponds must have a natural impervious
bottom or must be lined.
Operators are required to cooperate in subsidence and fault monitoring
and other county, state, or federal protection programs. In residential and
recreational areas, all geothermal steam or fluid transmission lines must be
buried. Minimum distances to be observed in situating wells or other instal-
lations are as follows:
Lakes, streams, or permanent waterways 90 m (300 ft)
Outer boundaries of land parcels under
geothermal development 30 m (100 ft)
Public roads 30 m (100 ft)
161
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Conditions, Procedures and Performance Standards for Geothermal Regulation
In addition to these standards, the county issues geothermal use permits
in which environmental restraints are imposed. Before work may commence under
the terms of a permit, written approval must be obtained from the California
Regional Water Quality Office. The operator is required to cooperate with
county departments or the Planning Commission in developing a "geothermal
element" for the county's master plan. The Planning Commission may deny a
permit application if it is not compatible with the land use elements of the
general plan.
All wastes, liquid or solid, must be disposed of in compliance with ex-
isting county, state, and federal rules and regulations. No waste is permit-
ted to enter any stream or other body of water. All drilling wastes
must be removed from the site within 60 days and disposed of in accordance
with state and county water quality regulations. All sumps and/or ponds must
be purged of environmentally harmful materials, filled and packed with native
earth, and replanted to county landscaping standards. Pond bottoms and dykes
must either be impervious or lined.
Noise is to be limited generally to 65 decibels at a distance of 0.8 km
(0.5 mi) from the drill site and in restricted areas (designated by the
Planning Commission) to 50 decibels at a distance of 152 m (500 ft). The
minimum distances to be observed in siting a well are:
1. Outer boundary of parcel 30 m (100 ft)
2. Public roads 30 m (100 ft)
3. Residence 150 m (500 ft)
4. School 805 m (2640 ft)
5. Hospital 1600 m (5280 ft)
6. Any other development 150 m (500 ft)
Air pollution emissions are subject to the Lake County Zoning Ordinance
#645 which invokes the state ambient air quality standards. No emissions of
pollutants not specified by the standards are permitted which result in con-
centrations at the lot line which are readily detectable when diluted in the
ratio of one volume of odorous air to four volumes of clean air.
Use Permits
The use permits issued by Lake County for geothermal development are
highly specific and detailed in the environmental protection restraints im-
posed. An example is shown in Appendix M. According to a county spokesman,
these restraints are a direct result of the state environmental impact report
process.
It will be noted that certain sections of the permit are designed to pro-
tect surface land and/or prevent erosion and stream siltation. In addition
to mandating some specific standard procedures for controlling run-off, the
permit requires county approval of drill pad locations in areas of not more
than an average of 30 percent natural slope and for use of explosives for
steam well stimulation. It is notable that these refer only to surface
162
-------
hazards and not to sub-surface.
It is also noted that, subject to the findings of the county's spot moni-
toring, the operator may be required to install continuous air quality moni-
toring and/or noise level monitoring equipment. Three wells were ordered to
be relocated to avoid adverse geologic soils and view impact.
In accordance with environmental impact report considerations the permit
directs specific ecological protection aspects — i.e., plants, wildlife, air,
noise, and scenery in addition to soil. Some general requirements are includ-
ed, many of which are incorporated in the above proposed ordinance or per-
formance standards. Others include county permission to drill within 150 m
(500 ft) of a creek flowing 10 months or more during the year and a prohibi-
tion on discharging hydrocarbon-based cleaning compounds or oils or grease on
the surface of a drill pad. All liquids of this type are to be contained and
removed from the site.
MALHEUR COUNTY, OREGON
These regulations are almost identical to those of Imperial County, Cali-
fornia, incorporating the very specific noise limitations.
163
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SECTION VII
REFERENCES
1. Development Document for Effluent Limitations Guidelines and Standards of
Performance, Steam Supply and Noncontact Cooling Water Industries, EPA
Contract No. 68-01-2294, October (1974).
2. United States Court of Appeals, 3rd Circuit, No. 74-1640; American Iron
and Steel Institute, United States Steel Corp., National Steel Corp. et
al,, Petitioners, v. Environmental Protection Agency, Respondent, Novem-
ber 7 (1975).
3. Final Order and Decree Pursuant to Civil Actions No. 2153-73, 75-0172,
75-1698, 75-1267, Natural Resources Defense Council, Inc., et al., Envi-
ronmental Defense Fund, et al., Citizens for a Better Environment, et al.,
v. Russel E. Train, Defendant and Natural Resources Defense Council, Inc.
v. James I Agee, et al., Defendants, in the U.S. District Court for the
District of Columbia, March 30 (1976).
4. Development Document for Effluent Limitations Guidelines and New Source
Performance Standards for the Steam Electric Power Generating Point
Source Category, EPA 440/1-74 029-a, October (1974).
5. National Power Plant Team, U.S. Fish and Wildlife Service, EPA/NRC/FWS
316(a) Technical Guidance Manual and Guide for Thermal Effects of Nuclear
Power Plant Environmental Impact Statements - A First Step Towards Stan-
dardizing Biological Data Requirements for the EPA-NRC Memorandum of
Understanding, December 11, (1975). (Draft)
6. Rogers, W. F., Composition and Properties of Oil Well Drilling Fluids,
3rd Ed., Gulf Publishing Co., Houston (1963).
7. Gosselin, R. E., et al., Clinical Toxicology of Commercial Products, 4th
Ed., Williams & Wilkins Co., Baltimore (1976).
8. Office of the Secretary, Final Environmental Statement for the Geothermal
Leasing Program, Department of the Interior (1973).
9. Geothermal Energy, Jan. (1975).
10. Linton, A. M., "Innovative Geothermal Uses in Agriculture, Proceedings of
the International Conference on Geothermal Energy for Industrial, Agri-
cultural, and Commercial-Residential Uses, Multipurpose Use of Geothermal
Energy, Klamath Falls, Oregon (1974).
164
-------
11. Statement of Burmah Oil and Gas Company before the California State Lands
Commission, Subcommittee on Geothermal Resources, San Francisco, Septem-
ber 25 (1975).
12. Preliminary statement of Dr. Carel Otte, Union Oil Co. of California be-
fore the California State Lands Commission Subcommittee on Geothermal
Resources, Los Angeles, September 17; San Francisco, September 25 (1975).
13. Shell Oil Co., Statement before the California State Lands Commission
Subcommittee on Geothermal Resources, San Francisco, September 25 (1975).
14. Statement of Northern California Power Agency, ibid.
15. Shackelford, B. W., "PG and E Experience in Development of The Geysers
Power Plant, Factors Which Have Caused Delays," ibid.
16. Quality Criteria for Water, EPA, Pre-Publication Copy (1976).
17. Public Health Service, Drinking Water Standards, U.S. Dept. of Health,
Education, and Welfare (1962).
18. National Interim Primary Drinking Water Regulations, EPA, Federal Regis-
ter, Dec. 24 (1975).
19. Program Definition for the Development of Geothermal Energy, Vol. Ill:
Appendices, Jet Propulsion Laboratory, California Institute of Technology,
Pasadena (1975).
165
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APPENDIX A
NATIONAL POLLUTANT DISCHARGE ELIMtNATION SYSTEM
APPLICATION FOR PERMIT TO PISCHARGE WASTEWATER
FORM APPROVED
OMB No. 158—R0100
FOR AGENCY USE
','f
'
"r
'-
J ,
•/,
STANDARD FORM C - MANUFACTURING AND COMMERCIAL
SECTION I. APPLICANT AND FACILITY DESCRIPTION
Unless otherwise specified on this fprm all Items are tp be completed. If an item is not applicable indicate 'NA.'
ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO
BOOKLET BEFORE FILLING OUT THESE ITEMS.
Please Print or Type
1. Legal Name of Applicant
(see Instructions)
2. Mailing Address of Applicant
.(see Instructions)
Number & Street
City
State
Zip Code
3. Applicant's Authorized Asent
(see instructions)
Name and Title
Number & street Address
City
State
Zip Code
Telephone
4. Previous Application
If a previous application for a
National or Federal discharge per-
mit has been made, give the date
of application. Use numeric
designation for date.
.«*< '
****.
109B
104
Area
Code
Number
YR MO DAY
I certify that I am familiar with the Information contained In this application and that to the best of my knowledge and belief such information
Is true, complete, and accurate.
Printed Name of Person signing
Signature of Applicant or Authorized Agent
Title
YR MO DAY
Date Application Signed
18 U.S.C, Section 1001 provides that:
Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and wilfully falsifies, conceals or
covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representation, or makes or
uses any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than
$10,000 or imprisoned not more than five years, or both.
EPA Form 7550-23 (7.73)
This section contains 3 pages.
166
-------
S. Facility/Activity (see instructions)
Give the name, ownership, and
physical location of the plant or
other operating facility where dls-
charge(s) does or wlH occur.
Name
Ownership (Public, Private or
Both Public and Private)
Check blocK If Federal Facility,
and give GSA Inventory Control
Number
Location
Street & Number
City
County
State
Nature of Business State the
nature of the business conducted
at the plant or operating facility.
7. Facility Intake Water (see Instruc-
tions) Indicate water intake volume
per day by sources. Estimate
average volume per day in thousand
gallons per day.
Municipal or private water system
Surface water *
Groundwater
Other*
Total Item 7
"if there is intake water from
'other,' specify the source.
I. Facility Water Use Estimate
average volume per day In thousand
gallons per day for the following
types of water usage at the facility.
(see Instructions)
Noncontact cooling water
Boiler feed water
Process water (Including contact
cooling water)
Sanitary water
Other*
Total Item 8
•If there are discharges to
•other,' specify.
If there Is 'Sanitary* water use, give
the number of people served.
'X-
,-
test
'ji
IBS*
t«*
tos«
f««a
10CD
1070
(ym'
DPUB DPRV DBPP
OFED
AGENCY USE
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
thousand gallons per day
FOR AGENCY USE
^
X
,
EPA Form 7550.23 (7-73)
_ people served
1-2
167
-------
FORM APPROVED
OMB No. 158—ROXOO
9. All Facility Discharges and other
Losses; Number and Discharge (see
Instructions) Volume Specify the
number of discharge points and the
volume of water discharged or
lost from the facility according to
the categories below. Estimate
average volume per day in thousand
gallons per day.
Surf ace Water
Sanitary wastewater transport
system
Storm water transport system
Combined sanitary and storm
water transport system
Surface Impoundment with no
effluent
Underground percolation
Well Injection
Waste acceptance firm
Evaporation
Consumption
Other*
Facility discharges and volume
Total item 9.
* If there are discharges to 'other,'
specify.
10. Permits, Licenses and Applications
List afi existing, pending or denied permits, licenses and applications related to discharges from this facility (see instructions).
FOR AGENCY USE
,
-;
tosMrt
lOftbi
taw
1«»«i
tMMtl
J09«
IflSjl
109h1
1O9I1
*OSJ1
tOSkl
1$9tt
109ml
Number of
Discharge
Points
to»*2
f,
tBSfci
taacz
tmm
161*2
IOSf2
109»I
10SK2
tO»I2
TMiZ
10*k2
19912
Total Volume Used
or Discharged,
Thousand Gal/Day
Issuing Agency
ti*
For Agency Use
•#> - .5
- ,-'-:' •
•/'•-'
'^ ' * \ '' I '
'^ ;
Type of Permit
or License
' ' «*' '
ID Number
" «*! *
Date
Filed
YR /MO/DA
t4
Date
Issued
YR/MO/DA
J»>
Date
Denied
YR/MO/DA
' «)
Expiration
Date
YR/MO/DA
«®
11. Maps and Drawings
Attach all required maps and drawings to the back of this application.(see instructions)
12. Additional Information
illSi? Item Number
Information
EPA Form 7550-23 (7-73)
G P 0 865.708
1-3
168
-------
FORM APPROVED
OMB No. I58—R0100
STANDARD FORM C - MANUFACTURING AND COMMERCIAL
SECTION]!. BASIC DISCHARGE DESCRIPTION
FOR AGENCY USE
Complete this section for each discharge indicated in Section i, Item 9. that is to surface waters. This includes discharges to municipal sewerage
systems In which the wastewater does not go through a treatment works prior to being discharged to surface waters. Discharges to wells must
be described where there are also discharges to surface waters from this facility. SEPARATE DESCRIPTIONS OF EACH DISCHARGE ARE
REQUIRED EVEN IF SEVERAL DISCHARGES ORIGINATE IN THE SAME FACILITY. All values for an existing discharge should be repre-
sentative of the twelve previous months of operation. If this is a proposed discharge, values should reflect best engineering estimates.
ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED REFER
TO BOOKLET BEFORE FILLING OUT THESE ITEMS.
1. Discharge Serial No. and Name
a. Discharge Serial No.
(see instructions)
b. Discharge Name
Give name of discharge, if any.
(see instructions)
c. Previous Discharge Serial No.
If previous permit application
was made for this discharge (see
Item 4, Section I), provide previ-
ous discharge serial number.
2. Discharge Operating Dates
a. Discharge Began Date If the
discharge described below is in
operation, give the date (within
best estimate) the discharge
began.
b. Discharge to Begin Date If the
discharge has "never occurred but
is planned for some future date,
give the date (within best esti-
mate) the discharge will begin.
c. Discharge to End Date If dis-
charge is scheduled to be discon-
tinued within the next 5 years,
give the date (within best esti-
mate) the discharge will end.
3. Engineering Report Available
Check if an engineering report is
available to reviewing agency upon
request (see instructions)
4. Discharge Location Name the
political boundaries within which
the point of discharge is located.
State
County
(if applicable) City or Town
5. Discharge Point Description
Discharge is into (check one):
(see instructions)
Stream (includes ditches, arroyos,
and other intermittent watercourses)
Lake
Ocean
Municipal Sanitary Wastewater
Transport System
Municipal Combined Sanitary and
Storm Transport System
EPA Form 7550.23 (7-73)
201 a
2048
204b
204C
YR MO
YR MO
YR MO
Agency Use
X&fttf
DSTR
DLKE
DOCE
DMCS
II-l
This section contains 9 pages.
169
-------
DISCHARGE SERIAL NUMBER
Municipal Storm Water Transport
System
Well (Injection)
Other
If 'other' is checked, specify
6. Discharge Point — Lat/Long Give
the precise location of the point
of discharge to the nearest second.
Latitude
Longitude
7. Discharge Receiving Water Name
Name the waterway at the point
of discharge.(see instructions)
If the discharge is through an out-
fall that extends beyond the shore-
line or is below the mean low
water line, complete Item 8.
8. Offshore Discharge
a. Discharge Distance from Shore
b. Discharge Depth Below Water
Surface
9. Discharge Type and Occurrence
a. Type of Discharge Check
whether the discharge is con-
tinuous or intermittent.
(see instructions)
b. Discharge Occurrence Days per
Week Enter the average num-
ber of days per week (during
periods of discharge) this dis-
charge occurs.
c. Discharge Occurrence—Months
ff this discharge normally
operates (either intermittently,
or continuously) on less than
a year-around basis (excluding
shutdowns for routine mainte-
nance), check the months dur-
ing the year when the discharge
is operating, (see instructions)
Complete Items 10 and 11 if "inter-
mittent" is checked in item 9.a.
Otherwise, proceed to Item 12.
10. Intermittent Discharge Quantity
State the average volume per dis-
charge occurrence in thousands of
gallons.
11. Intermittent Discharge Duration
and Frequency
a. Intermittent Discharge Duration
Per Day State the average
number of hours per day the
discharge is operating.
b. Intermittent Discharge
Frequency State the average
number of discharge occur-
rences per day during days
when discharging.
12. Maximum Flow Period Give the
time period In which the maximum
flow of this discharge occurs.
EPA Form 7550.23 (7-73)
DSTS
DWEL
DOTH
FOR AGENCY USE
-*'
>:
2*8*
207*
2O7b
20Sa
20«D
20»>
209B
2O»C
211*
211*
For Agency Use
Major
Minor
.;•'••
Sub
20Te
For Agency Use
303e
' ' ' '' *'
_feet
Q (con) Continuous
D(int) Intermittent
days per week
OJAN DFEB DMAR DAPR
OMAY QJUN DJUL DAUG
QSEP QOCT QNOV DDEC
—thousand gallons per discharge occurrence.
_hours per day
discharge occurrences per day
»1i From to
month month
II-2
170
-------
DISCHARGE SERIAL NUMBER
FORM APPROVED
OMB No. 158-R0100
FOR AGENCY USE
mw
13. Activity Description Give a
narrative description of activity
producing this dlscharge.(see
instructions)
213a i
14. Activity Causing Discharge For
each SEC Code which describes
the activity causing this discharge,
supply the type and maximum
amount of either the raw material
consumed (Item 14a) or the product
produced (Item 14b) in the units
specified in Table I of the Instruc-
tion Booklet. For SIC Codes not
listed in Table I, use raw material
or production units normally used
for measuring production.(see
instructions)
a. Raw Materials
Maximum Unit Shared Discharges
SIC Code Name Amount/Day (See Table 1) (Serial Number)
BMfe- CM •';„'-. '•'.'. : ., .,"'
.ca» ,; i -.;
." ' * .: ....*» -..
:...M ::: ...:
. .«*• -
b. Products
Maximum Unit
SIC Code Name Amount/Day (See Table I)
$$<&£ i^g^iy:.^,,.,...;.:^.,;..^,*."
••• m ... .
' '' ' (3^ **> -*
* w '
Shared Discharges
(Serial Number)
t . ' ' '...j$& * -
EPA Form 7550-23 (7-73)
II-3
171
-------
DISCHARGE SERIAL NUMBER
FOR AGENCY USE
1
1
15. Waste Abatement
a. Waste Abatement Practices
Describe the waste abatement
practices used on this discharge
with a brief narrative, (see
instructions)
b. Waste Abatement Codes
Using the codes listed in Table
II of the Instruction Booklet,
describe the waste abatement
processes for this discharge in
the order in which they occur
if possible.
ZtSB
Narrative:_
(1) .
(4) -
(7) -
(10) .
(13) .
(16)-
(19).
(22) .
(25) .
(2) .
(5).
(8).
-, (11).
., (14).
-, (17).
- , (20) .
-, (23).
(6) -
(9) •
(12) .
(15) .
(18) .
(21) .
(24)
EPA Form 7550-23 (7-73)
11-4
172
-------
DISCHARGE SERIAL NUMBER
FORM APPROVED
OMB No. 1SS-R0100
16. Wastewater Characteristics
Check the box beside each constituent which is present in the effluent (discharge water). This determination is to be based on actual analysis
or best estlmate.(see instructions)
Parameter
mm
Color
00080
Ammonia
00610
Organic nitrogen
00605
Nitrate
00620
Nitrite
00615
Phosphorus
00665
Sulfate
00945
Sulfide
00745
Sulfite
00740
Bromide
71870
Chloride
00940
Cyanide
00720
Fluoride
00951
Aluminum
01105
Antimony
01097
Arsenic
01002
Beryllium
01012
Barium
01007
Boron
01022
Cadmium
01027
Calcium
00916
Cobalt
01037
Chromium
01034
Fecal coliform bacteria
74055
1
£
Parameter
•am
Copper
01042
Iron
01045
Lead
01051
Magnesium
00927
Manganese
01055
Mercury
71900
Molybdenum
01062
Nickel
01067
Selenium
01147
Silver
01077
Potassium
00937
Sodium
00929
Thallium
01059
Titanium
01152
Tin
01102
Zinc
01092
Algicides*
74051
Chlorinated organic compounds*
74052
Pesticides*
74053
Oil and grease
00550
Phenols
32730
Surfactants
38260
Chlorine
50060
Radioactivity*
74050
1
1
•Specify substances, compounds and/or elements in Item 26.
Pesticides (insecticides fungicides, and rodenticides) must be reported in terms of the acceptable common
names specified in Acceptable Common Names and Chemical Names for the Ingredient Statement on
Pesticide Labels 2nd Edition, Environmental Protection Agency, Washington, D.C. 20250, June 1972, as
required by Subsection 162.7(b) of the Regulations for the Enforcement of the Federal Insecticide,
Fungicide, and Rodenticide Act.
EPA Form 7550-23 (7-73)
II-5
173
-------
DISCHARGE SERIAL. NUMBER
17. Description of Intake and Discharge
For each of the parameters listed below, enter in the appropriate box the value or code letter answer called tor.(see instructions)
In addition, enter the parameter name and code and all required values for any of the following parameters if they were checked in Item 16;
ammonia, cyanide, aluminum, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease,
and chlorine (residual).
Parameter and Code
,;33». •
Flow»
Gallons per day
00056
PH
Units
00400
Temperature (winter)
°F
74028
Temperature (summer)
°F
74027
Biochemical Oxygen Demand
(BOD 5-day)
mg/1
00310
Chemical Oxygen Demand (COD)
mg/1
00340
Total Suspended (nonfilterable)
Solids
mg/1
00530
Specific Conductance
micromhos/cm at 25° C
00095
Settleable Matter (residue)
ml/1
00545
Influent
Untreated Intake
Water
(Daily Average)
(1)
In-Plant Treated
Intake Water
(Daily Average)
(2)
Effluent
Daily Average
(3)
\ /
x
/ \
\/
x
/ \
Minimum Value
Observed or
Expected During
Discharge
Activity
(4)
Maximum Value
Observed or
Expected During
Discharge Activity
(5)
Frequency of
Analysis
(6)
Number of
Analyses
(7)
Sample Type
(8)
"Other discharges sharing intake flow (serial numbers).(see instructions)
EPA Form 7550-23 (7-73)
II-6
174
-------
DISCHARGE SERIAL NUMBER
FORM APPROVED
OMB No. 1SS-R0100
FOR AGENCY USE
17. (Confd.)
Parameter and Code
w*
Influent
Untreated Intake
2 Water
(Daily Average)
In-Plant Treated
2 Intake Water
(Daily Average)
Effluent
aj
$
>
<
>.
3
(3)
Minimum Value
Observed or
3 Expected During
Discharge
Activity
Maximum Value
,-, Observed or
"-' Expected During
Discharge Activity
,-, Frequency of
& Analysis
--, Number of
*-* Analyses
S Sample Type
18. Plant Controls Check if the fol-
lowing piant controls are available
for this discharge.
Alternate power source for major
pumping facility.
Alarm or emergency procedure for
power or equipment failure
Complete item 19 if discharge is
from cooling and/oi steam water
generation ana water treatment
additives are used.
1d. Water Treatment Additives If the
discharge is treated with any con-
ditioner, inhiottor, or atgiclde,
answer tne following:
a. Name of iviaterial(s)
b. Name ana address of manu-
facturer
Quantity (pounds added per
million gallons of water treated).
I 4*9*
DAPS
EPA Form 7550-23 (7-73)
117
175
-------
DISCHARGE SERIAL NUMBER
d. Chemical composition of these
additives (see Instructions).
Complete items 20-25 If there Is a thermal discharge
(e.g., associated with a steam and/or power generation
plant, steel mill, petroleum refinery, or any other
manufacturing process) and the total discharge flow is
10 million gallons per day or more, (see instructions)
20. Thermal Discharge Source Check
the appropriate item(s) indicating
the source of the discharge, (see
instructions)
Boiler Slowdown
Boiler Chemical Cleaning
Ash Pond Overflow
Boiler Water Treatment — Evapora-
tor Slowdown
Oil or Coal Fired Plants — Effluent
from Afr Pollution Control Devices
Condense Cooling Water
Cooling Tower Slowdown
Manufacturing Process
Other
21. Discharge/Receiving Water Temper-
ature Difference
Give the maximum temperature
difference between the discharge
and receiving waters for summer
and winter operating conditions.
(see instructions)
Summer
22. Discharge Temperature, Rate of
Change Per Hour
Give the maximum possible rate of
temperature change per hour of
discharge under operating con-
ditions, (see instructions)
23. Water Temperature, Percentile
Report (Frequency of Occurrence)
In the table below, enter the
temperature which Is exceeded 10%
of the year, 5% of the year, 1% of
the year and not at all (maximum
yearly temperature), (see instructions)
Frequency of occurrence
a. Intake Water Temperature
(Subject to natural changes)
b. Discharge Water Temperature
24. Water Intake Velocity
(see instructions)
25. Retention Time Give the length of
time, in minutes, from start of
water temperature rise to discharge
of cooling water, (see Instructions)
22 1b
222
C]Bl-BD
DBCCL
OAPOF
QEPBD
QOCFP
DCOND
DCTBD
QMFPR
DOTHR
°F./hour
10%
°F
°F
5%
°F
°F
1%
°F
°F
Maximum
°F
°F
-feet /Sec.
-minutes
EPA Form 75SO-23 (7-73)
II-8
176
-------
FORM APPROVED
OMB No. 158-R0100
DISCHARGE SERIAL NUMBER
26. Additional Information
Hi: Item
Information
EPA Form 7550-23 (7-73)
II-9
177
-------
Appendix B
California Regional Water Quality Control Board
North Coast Region
Order No. 73-134
WASTE DISCHARGE REQUIREMENTS
for
UNION OIL COMPANY OF CALIFORNIA
The Geysers, Sonoma County
The California Regional Water Quality Control Board, North Coast Region,
finds that:
1. Union Oil Company of California is currently engaged in geothermal
well drilling and exploration, transportation of steam to PG&E
power plants, and disposal of waste condensate from PG&E power
plants. These operations are or will be conducted on lands located
in the following townships: T10N, R8W; T11N, R9W; TUN, R8W; and
T12N, R9W, MDB & M. This area is within the Big Sulphur Creek
drainage basin and Big Sulphur Creek is a tributary to the Russian
River.
2. Wastes produced during the site preparation and during the drilling
operations consist of silt, soil, rock cuttings, drilling muds with
additives, oils, and associated wastewater. These wastes have
traditionally been discharged to waste pits located adjacent to the
drilling operations.
3. Due to the severe topography, geology, and weather conditions
encountered in the Geysers area, waste pits are subject to failure
and have failed and discharged waste to the waters of the State.
4. Waste condensate produced during geothermal power generation is
metered and injected into the subsurface strata.
5. The Regional Board adopted Order No. 70-4 Waste Discharge Require-
ments for Union Oil Company of California on October 29, 1970.
6. The Regional Board adopted an Interim Water Quality Control Plan
for the North Coastal Basin on June 14, 1971, and amended the Plan
on December 13, 1972 and April 26, 1973.
178
-------
7. Beneficial uses of waters of Big Sulphur Creek (a Russian River
tributary) include:
a. recreation
b. preservation and enhancement of fish and wildlife
c. aesthetic enjoyment
d. industrial water supply
8. Beneficial uses of the Russian River waters include:
a. domestic water supply
b. industrial water supply
c. agricultural water supply
d. recreation
e. preservation and enhancement of fish and wildlife
f. aesthetic enjoyment
9. The Board has notified the discharger and interested agencies and
persons of its intent to prescribe requirements for the proposed
discharge.
10. The Board in a public meeting heard and considered all comments
pertaining to the discharge.
THEREFORE, IT IS HEREBY ORDERED that Order No. 70-4 adopted October 29, 1970
be rescinded and Union Oil Company of California shall comply with the
following:
A. DISCHARGE SPECIFICATIONS
1. The discharge of wastes of any nature to the waters of Big Sulphur
Creek or its tributaries is prohibited.
2. The disposal of drilling muds, oils, and associated wastewater in
any area not approved and classified by the Regional Board as a
disposal site is prohibited.
3. Neither the treatment nor disposal of waste shall cause a nuisance
or pollution.
B. PROVISIONS
1. Wastes produced during the drilling site preparation, road construc-
tion, and road maintenance shall be placed where it cannot be
reasonably expected to be carried into the water of Big Sulphur
Creek or its tributaries.
2. Drilling muds, oils, and associated wastewater shall only be dispos-
ed of at sites approved by the Regional Board as provided in Chapter
3, Title 23, subchapter 15, of the California Administrative Code,
Waste Disposal to Land.
179
-------
3. All road and exposed earth surfaces shall be protected from
erosion.
4. Union Oil Company of California shall comply with the Notification,
Monitoring and Reporting Program No. 73-134 and the General Provi-
sions for Monitoring and Reporting as specified by the Executive
Officer.
5. Sanitary facilities shall be provided at each drill site.
Certification
I, David C. Joseph, Executive Officer, do
hereby certify that the foregoing is a full,
true, and correct copy of an order adopted
by the California Regional Water Quality
Control Board, North Coast Region, on
December 19, 1973.
ORIGINAL SIGNED BY
David C. Joseph
Executive Officer
180
-------
Appendix C
California Regional Water Quality Control Board
North Coast Region
NOTIFICATION, MONITORING AND REPORTING PROGRAM NO. 73-134
for
UNION OIL COMPANY OF CALIFORNIA
The Geysers, Sonoma County
Notification
The discharger shall submit a notice in writing to the Regional Board at
least 30 days prior to any construction associated with well drilling or
drill site preparation, including road constuction. The notice shall
include:
1. proposed construction dates
2. location of the facilities
3. description of the facilities
4. method of construction
5. proposed location of ultimate disposal of drilling muds
In addition, the discharger shall immediate notify the Regional Board of any
circulation loss during the construction of a well. The notice shall
include:
1. location of the well
2. depth of the well
3. amount of drilling mud lost
4. method of correction
Monitoring
1. The discharger shall record the volume of waste material removed to an
approved disposal area each week and report that data to the Regional
Board monthly.
2. Samples of condensate to be disposed of by injection shall be analyzed
for the following constituents:
181
-------
Notification, Monitoring and
Reporting Program No. 73-134
Constituents Units
Electrical Conductivity micromhos.
Boron mg/1
Sulfate mg/1
Nitrate mg/1
Volume bbls/mo.
Type of Sampling and
Sample Reporting Frequency
grab annually
grab annually
grab annually
grab annually
monthly
Reporting
In reporting the monitoring data, the discharger shall arrange the data in
tabular form so that the date, the constituents, and the concentrations are
readily discernible. The monitoring and any necessary narrative reports
shall be transmitted in accordance with specifications of Resolution No.
71-5 adopted by this Board on February 3, 1971.
Ordered by
ORIGINAL SIGNED BY
David C. Joseph
Executive Officer
December 19, 1973
182
-------
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
NORTH COAST REGION
GENERAL MONITORING AND REPORTING PROVISIONS
February 3, 1971
GENERAL PROVISIONS FOR SAMPLING AND ANALYSIS
Unless otherwise noted, all sampling, sample preservation, and analysis shall
be conducted in accordance with the current edition of "Standard Methods for
the Examination of Water and Waste Water" or approved by the Executive
Officer.
All analyses shall be performed in a laboratory certified to perform such
analyses by the California State Department of Public Health or a laboratory
approved by the Executive Officer.
All samples shall be representative of the waste discharge under the conditions
of peak load.
GENERAL PROVISIONS FOR REPORTING
For every item where the requirements are not met, the discharger shall submit a
statement of the actions undertaken or proposed which will bring the discharge
into full compliance with requirements at the earliest time and submit a
timetable for correction.
By January 30 of each year, the discharger shall submit an annual report to the
Regional Board. The report shall contain both tabular and graphical summaries
of the monitoring data obtained during the previous year. In addition, the
discharger shall discuss the compliance record and the corrective actions taken
or planned which may be needed to bring the discharge into full compliance
with the waste discharge requirements.
The discharger shall file a written report within 90 days after the average
dry weather flow for any month that equals or exceeds 75 percent of the design
capacity of the waste treatment or disposal facilities. The report shall
contain a schedule for studies, design, and other steps needed to provide
additional capacity or limit the flow below the design capacity prior to the
time when the wasteflow rate equals the capacity of the present units.
183
-------
APPENDIX D
Excerpt from 40 CFR Part 6 -
New Source NPDES Permits
6.910 Guidelines for determining whether to prepare an EIS.
The following guidelines shall be used when performing the
environmental review:
(a) General guidelines. (1) When determining the significance
of a proposed new source's impact, the responsible official shall
consider both its short term and long term effects as well as its
primary and secondary effects and beneficial and adverse
environmental impacts as defined in 6.924(c).
(2) If EPA is proposing to issue a number of minor, environ-
mentally insignificant new source NPDES permits, during a
limited time span and in the same general geographic area the
responsible official may determine that the cumulative impact of
the issuance of all these permits may have a significant envi-
ronmental effect.
(3) An EIS will not be required if the responsible official
determines that the proposed new source project has been
adequately covered in another EIS.
(b) Specific criteria. An EIS will be prepared when: (1) The
new source will induce or accelerate significant changes in
industrial, commercial, agricultural, or residential land use
concentrations or distributions which have the potential for
significant environmental effects. Factors that should be
considered in determining if these changes are environmentally
significant include but are not limited to: the nature and extent
of the vacant land subject to increased development pressure as
a result of the new source; the increases in population or
population density which may be induced and the ramifications
of such changes; the nature of land use regulations in the
affected area and their potential effects on development and
the environment; and the changes in the availability or demand
for energy and the resulting environmental consequences.
(2) The new source will directly, or through induced develop-
ment, have significant adverse effect upon local ambient air
quality, local ambient noise levels, surface or groundwater
quality or quantity, fish, wildlife, and their natural habitats.
(3) Any major part of the new source will have significant
adverse effect on the habitat of threatened or endangered species
on the Department of Interior's lists of threatened and endangered
species.
(4) The environmental impact of the issuance of a new source
NPDES permit is likely to be highly controversial.
(5) The environmental impact of the issuance of a new source
NPDES permit will have significant direct and adverse effect on
a property listed in or eligible for listing in the National
Register of Historic Places.
(6) Any major part of the source will have significant adverse
effects on parklands, wetlands, wild and scenic rivers,
reservoirs or other important bodies of water, navigation
projects, or prime agricultural lands (see 6.920 for additional
procedures).
184
-------
APPENDIX E
Excerpt from 40 CFR Part 6 -
New Source NPDES Permits
6.924. Content of an environmental impact statement.
(a) Cover sheet. The cover sheet shall indicate the type of
EIS (draft or final), the nature of the proposed EPA action, the
name of the permit applicant, the responsible EPA office, the
date, and the signature of the responsible official. The format
is shown in Exhibit 4.
(b) Summary sheet. The summary sheet shall conform to the
format prescribed in Appendix I of the August 1, 1973, Council
on Environmental Quality's Guidelines (40 CFR 1500). The format
is shown in Exhibit 5.
(c) Body of statement. The body of the EIS shall identify,
develop, and analyze the pertinent issues included in 6.924(c)
(1) through (7) below. Each subsection need not be a separate
chapter in the statement. The EIS shall serve as a means for the
responsible official and the public to assess the environmental
impacts of the proposed issuance of a new source NPDES permit,
rather than as a justification for decisions already made.
Environmental impact statements should be prepared using a
systematic, interdisciplinary approach. Statements should
incorporate all relevant analytical disciplines and should
provide meaningful and factual data, information, and analyses.
The presentation should be simple and concise, yet include all
facts necessary to permit independent evaluation and appraisal of
the beneficial and adverse environmental effects on. the human
environment of alternative actions. The amount of detail
provided should be commensurate both with the extent and
expected impact of the actions, and with the amount pf informa-
tion required at the particular level of decisionmaking. To the
extent possible, statements shall not be drafted in a style
which requires extensive scientific or technical expertise to
comprehend and evaluate the environmental impact of the proposed
EPA action.
(1) Background and description of the proposed new source. The
EIS shall describe the proposed source, its product or purpose,
its location, and its construction and operation time schedule.
To prevent piecemeal decision-making, the new source should be
described in as broad a context as necessary. The relationship of
the proposed new source project to other projects and proposals
directly affected by or stemming from the construction and1 the
operation of the new source shall be discussed, including not
only other EPA activities, but also those of Governmental and
private organizations. Development and population trends in the
project area and the assumption on which they are based shall
also be included. Maps, photos, and artist's sketches should be
incorporated if availalbe when they help depict the environmen-
tal setting. If not enclosed, supporting documents should be
referenced.
(2) Alternatives available to the proposed new source. The
feasible alternatives available to the proposed new source shall
be described, developed and objectively weighed against the
proposed new source. The analysis should be sufficiently detailed
to reveal the EPA's comparative evaluation of the environmental
impacts on the human environment, costs, and risks of each
feasible alternative. The analysis of alternatives shall include
the alternative of not constructing or operating the new source
or postponing construction or operation. Feasible design, process,
and the site alternatives must be described. This analysis
should be written in such a manner that the general public
independently can judge the relative desirability of the various
alternatives.
185
-------
(3) Environmental impacts of the proposed new source. This
shall be a description of the primary and secondary environmental
impacts, both beneficial and adverse, anticipated from the new
source. The scope of the description shall include both short and
long-term impacts. Emphasis should be given to discussing those
factors most directly impacted by the proposed activity.
(i) Primary impacts are those that can be attributed directly
to the construction or operation of the new source.
(ii) Secondary impacts are indirect or induced impacts. Con-
struction of a facility such as a large industrial facility may
stimulate or induce secondary effects in the form of associated
investments and changed patterns of social and economic activities.
Particular attention should be paid to potential changes in
population patterns or growth. When such changes are significant,
their effect on the resource base, including land use, water
quality and quantity and air quality should be determined. A
discussion of how these impacts conform or conflict with the
objectives and specific terms of approved or proposed Federal,
State, and local land use plans, policies, and controls for the
area should be included.
source permit be issued. The EIS shall describe the kinds and
magnitudes of adverse impacts which cannot be reduced in severity,
give the remedial and protective measures which can be taken,
describe the adverse impacts which can be reduced to an acceptable
level, and the mitigative measures which should be taken. These
adverse impacts may include water or air pollution, undesirable
land use patterns, damage to ecological systems, urban congestion,
threats to health or other consequences adverse to the
environmental goals set out in section 101(b) of the National
Environmental Policy Act.
(5) Relationship between local short term uses of the
environment and the maintenance and enhancement of long term
beneficial uses. This shall be a description of the extent to
which the proposed activity involves trade offs between short
term environmental gains at the expense of long term losses, or
vice-versa, and the extent to which the proposed action
forecloses future options. Special attention should be given to
effects which narrow the range of beneficial uses of the
environment or pose long term risks to health or safety.
(6) Irreversible and irretrievable commitment of resources
which would result if a new source permit were issued. This shall
be a description of the ektent to which the proposed activity
curtails the diversity and range of beneficial uses of the
environment. Secondary impacts, such as induced growth in
undeveloped areas, may make alternative uses of that land
impossible. Also, irreversible damage can result from
environmental accidents associated with the new source and this
possibility should be evaluated.
(7) A discussion of problems and objections raised by other
Federal, State, and local agencies and by interested persons in
this review process. Final EIS's (and draft EIS's if appropriate)
shall summarize the comments and suggestions made by reviewing
organizations and shall describe the disposition of issues raised
e.g., changes to the proposed new source to mitigate anticipated
impacts or objections. In particular, the EIS shall address any
major issues in which the EPA position differs from reviewers'
recommendations and objections, giving reasons why specific
comments and suggestions could not be adopted. Reviewers'
statements should be set forth in a list of "comments" and
accompanied by EPA's "responses." In addition, the source of all
comments should be clearly identified and copies of the comments
(or summaries where a response has been exceptionally long) should
be attached to the final EIS.
(d) Documentation. Any books, research reports, field study
reports, correspondence and other documents which provided the
data base for evaluating the impact of the proposed new source
and alternatives discussed in the EIS shall be cited in the body
of the EIS and included in a bibliography attached to the EIS.
186
-------
APPENDIX F
3200-21
(January 1974)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
GEOTHERMAL RESOURCES LEASE
Serial Number
Proper BLM Office
Competitive
Noncompethive
In consideration of the mutual promises, terms, and conditions contained herein, and the grant made hereby, this lease is entered into by
the UNITED STATES OF AMERICA {hereinafter called the "Lessor"), acting through the Bureau of Land Management (hereinafter called "the
Bureau") of the Department of the Interior (hereinafter called the "Department"), and fhgreinnfter called the
This lease is made pursuant to the Geothermal Steam Act of 1970 (84 Slat. 1566; 30 U.S.C. 1001-1025) (hereinafter called "the Act") to
be effective on , (hereinafter called the "effective date"), it is subject to all the provisions of the Act and to all the
terms, conditions, and requirements (a) of all regulations promulgated by the Secretary of the Interior (hereinafter called "the Secretary") in
existence upon the effective date, specifically including, but not limited to, 43 CFR Parts 3000 and 3200 and 30CPR Parts 270 and 271,.and all
geothermal resources operational orders (hereinafter called "GRO orders") issued pursuant thereto, all of which are incorporated herein and, by
reference, made a part hereof, and (b) of any regulations hereafter issued by the Secretary (except those inconsistent with any specific provisions
of this lease other than regulations incorporated herein by reference) all of which shall be, upon their effective date, incorporated herein and, by
reference, made a part hereof.
Sec. 1. GRANT. The Lessor hereby grants and leases to the Lessee the exclusive right and privilege to drill for, extract, produce, remove, utilize,
sell, and dispose of geothermal steam artd associated geothermal resources, hereinafter called "geothermal resources", in or under the following
described lands situated within the County of , State of .
Public Lands
T. ;R. : Meridian
__Totai Area
Acquired Lands
T. ;R. Meridian
Total Area .
Containing approximately..
..acres, hereinafter referred lo as the "leased area" or "leased lands", together with:
(a) The non-exclusive right to conduct within the leased area geological and geophysical exploration in accordance with applicable
regulations; and
(b) The right to construct or erect and lo use. operate and maintain within the leased area, together with ingress and egress thereupon all
wells, pumps, pipes, pipelines, buildings, plants, sumps, brine pits, reservoirs, tanks, waterworks, pumping stations, roads, electric power generation
plants, transmission lines, industrial facilities, electric, telegraph or telephone lines and such other works and structures and to use so much of the
surface of the land as may be necessary or reasonably convenient for the production, utilization and processing of geothermal resources or to the
full enjoyment of the rights granted by this lease, subject to compliance with applicable laws and regulations; Provided that, although the use of
the leased area for an electric power generation plant or transmission facilities or a commercial or industrial facility is authorized hereunder, the
location of such facilities and the terms of occupancy therefor shall be under separate instruments issued under any applicable laws and
regulations; and
(c) The nonexclusive right to drill potable water wells in accordance with state water laws within the leased area and to use the water
produced therefrom for operations on the leased lands free of cost, provided that such drilling and development are conducted in accordance with
procedures approved by the Supervisor of the Geological Survey, hereinafter called "Supervisor"; and
(d) The right to convert this lease to a mineral lease under the Mineral Leasing Act of February 25, 1920, as amended and supplemented
(30 U.S.C. 181-287) or under the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359), whichever is appropriate, if the leasehold is
primarily valuable for the production of one or more valuable by-products which are leasable under those statutes, and the lease is incapable of
commercial production or utilization of geothermal steam: Provided that an application is made therefore prior to the expiration of the lease
extension by reason of by-product production as hereinafter provided, and subject to all the terms and conditions of said appropriate Acts. The
lessee is also granted the right to locate mineral deposits under the mining laws (30 U.S.C. 21-54), which would consitute by-products if
commercial production or utilization of geothermal steam continued, but such a location to be valid must be completed within ninety (90) days
after the termination of this lease. Any conversion of this lea^e to a mineral lease or a mining claim is contingent on the availability of such lands
for this purpose at the lime of the conversion. If the lands are withdrawn or acquired in aid of a function of any Federal Department or agency,
the mineral lease or mining claim shall be subject to such additional terms and conditions as may be prescribed by such Department or agency for
the purpose of making operations thereon consistent with the purposes for which these lands are administeted^and..
(e) The right, without the payment of royalties hereunder, to reinject into the leased lands geothermal resources and condensates to the
extent that such resources and condensates are not utilized, but their reinjection is necessary for operations under this lease in the recovering or
processing of geothermal resources, f f the lessee, pursuant to any approved plan, disposes of the unusable brine and produced waste products into
underlying formations, he may do so without the payment of royalties.
S*c. 2. TERM
(a) This lease shall be for a primary term of ten (10) years from
the effective date and so long thereafter as geothermal steam is
produced or utilized in commercial quantities but shall in no event
continue for more than forty (40) years after the end of the primary
term. However, if at the end of that forty year period geothermal
steam is being produced or utilized in commercial quantities, and the
leased lands are not needed foi other purposes, the Lessee shall have a
preferential right to a renewal of this lease for a second forty-year
term in accordance with such terms and conditions as the Lessor
deems appropriate.
(b) If actual drilling operations are commenced under an ap-
proved cooperative or unit plan on the leased lands or on behalf of
the leased lands prior to the end of the primary term, and are being
diligently prosecuted at the end of the primary term, this lease shall
be extended for five (5) years and so long thereafter, but not more
than thirty-rive (35) years, as geothermal steam is produced or
utilized in commercial quantities. If at the end of such extended term
geothermal steam is being produced or utilized in commercial
quantities, the Lessee shall have a preferential right to a renewal for a
second term as in (a) above.
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(c) If the Lessor determines at any time after the primary term
that this lease is incapable of commercial production and utilization
of geothermal steam, but one or more valuable by-products are or can
be produced in commercial quantities, this lease shall be extended for
so long as such by-products are produced in commercial quantities
but for not more than five (5) years from the date of such
determination.
Sec. 3. RENTALS AND ROYALTIES.
(a) Annual Rental-Foi each lease year prior to the commence-
ment of production of geothermal resources in commercial quantities
on the leased land, the Lessee shall pay the Lessor on or before the
anniversary date of the lease a rental of $ for each acre
or fraction thereof.
(b) Escalating Rental-Beginning with the sixth lease year and for
each year thereafter until the lease year beginning on or after the
commencement of production of geothermal resources in commercial
quantities, the Lessee shall pay on or before the anniversary date of
the lease an escalated rental in an amount per acre or fraction thereof
equal to the rental per acre for the preceding year and an additional
sum of one dollar. If the lease is extended beyond 10 years for reasons
other than the commencement of production of geothermal resources
in commercial quantities, the rental for the eleventh year and for each
lease year thereafter until the lease year beginning on or after the
commencement of such production will be the amount of rental for
the tenth lease year. If any expenditures are made in any lease year
for diligent exploration on the leased lands in excess of the minimum
required expenditures for that year, the excess may be credited
against any rentals in excess of S per acre due the
Lessor for that or any future year.
(c) Royalty (1) On or before the last day of the calendar month
after the month of commencement of production in commercial
quantities of geothermal resources and thereafter on a monthly basis,
the Lessee shall pay to the Lessor:
(A) A royalty of % on the amount or value of steam,
or any other form of heat or other associated energy produced,
processed, removed, sold or utilized from this lease or reasonably
susceptible to sale or utilization by the Lessee.
(B) A royalty of_ % on the value of any by-product
derived from production under this lease, produced, processed,
removed, sold or utilized from this lease or reasonably susceptible
of sale or utilization by the Lessee, except that as to any
by-product which is a mineral named in Section 1 of the Mineral
Leasing Act of February 25, 1920, as amended (30 U.S-C 181),
the rate of royalty for such mineral shall be the same as that
provided in that statute and the maximum rate of royalty for. such
mineral shall not exceed the maximum royalty applicable under
that statute.
(C) A royalty of % on the value of commercially
dimineralized water which has been produced from the leased
lands, and has been sold or utilized by the Lessee or is reasonably
susceptible of sale or utilization by the Lessee. In no event shall
the Lessee pay to the Lessor, for the lease year beginning on or
after the commencement of production in commercial quantities
on the leased lands or any subsequent lease year, a royalty of less
than $2 per acre or fraction thereof, if royalty paid on production
during the tease year has not satisfied this requirement, the Lessee
shall pay the difference on or before the expiration date of the
lease year for which it is paid.
(e) Waiver and Suspension of Rental and Royalties-Rente}* or
royalties may be waived, suspended, or reduced pursuant to the
applicable regulations on the entire leasehold or any portion thereof
in the interest of conservation or for the purpose of encouraging the
greatest ultimate recovery of geothermal resources if the Lessor
determines that it is necessary to do so in order to promote such
development, or because the lease cannot be successfully operated
under the terms fixed herein.
(0 Undivided Fractional Interests-Where the interest of the
Lessor in the geothermal resources underlying any tract or tracts
described in Section 2 is an undivided fractional interest, the rentals
and royalties payable on account of each such tract shall be in the
same proportion to the rentals and royalties provided in this lease as
the individual fractional interest of the Lessor in the geothermal
resources underlying such tract is to the full fee interest.
(g) Readjustments-Rentals and royalties hereunder may be read-
justed in accordance with the Act and regulations to rates not in
excess of the rates provided therein, and at not less than twenty (20)
year intervals beginning thirty-five (35) years after the date geo-
thermal steam is produced from the lease as determined by the
Supervisor.
See. 4. PAYMENTS. It is expressly understood that the Secretary
may establish the values and minimum values of geothermal resources
for the purpose of computing royalties in accordance with the
applicable regulations. Unless otherwise directed by the Secretary, all
payments to the Lessor will be made u required by the regulations. If
the time for payment falls on a day on which the proper office to
receive payment is closed, payment shall be deemed to be made on
time if made on the next official working day.
Sec, 5. BONDS. The Lessee shall file with the Authorized Officer
and shall maintain at all times the bonds required under the
regulations to be furniihed as a condition to the issuance of this lease
or prior to entry on the leased lands in the amounts established by the
Lessor and to furnish such additional bonds or security as may be
required by the Lessor upon entry on the lands or after operations or
production have begun.
Sec. 6. WELLS.
(a) The Lessee shall drill and produce all wells necessary to
protect the leased land from drainage by operations on lands not the
property of the Lessor, or other lands of the Lessor leased at a lower
royalty rate, or on lands as to which royalties and rentals are paid into
different funds from those into which royalties under this lease are
paid. However, in lieu of any part of such drilling and production,
with the consent of the Supervisor, the Lessee may compensate the
Lessor in full each month for the estimated loss of royalty through
drainage in the amount determined by said Supervisor.
(b) At his own election, and with the approval of the Supervisor,
the Lessee shall drill and produce other wells in conformity with any
system of well spacing or production allotments affecting the field or
area in which the leased lands are situated, which is authorized by
applicable law.
(c) After due notice in writing, the Lessee shall diligently drill and
produce such wells as the Supervisor shall require in order that the
leased lands may be properly and timely developed and for the
production of by-products, including commercially demineralized
water for beneficial uses in accordance with applicable state laws.
However, the Supervisor may waive or modify the requirements of
this subparagraph (c) in the interest of conservation of natural
resources or for economic feasibility or other reasons satisfactory to
him. If the products or by-products of geothermal production from
wells drilled on this lease are susceptible of producing commercially
demineralized water for beneficial uses, and a program therefore is
not initiated with due diligence, the Lessor may at its option elect to
take such products pr by-products and the Lessee shall deliver alt or
any portion thereof to the Lessor at any point in the Lessee's
geothermal gathering or disposal system without cost to the Lessee, if
the Lessee's activities, under the lease, would not be impaired and
such delivery would otherwise be consistent with field and opera-
tional requirements. The retention of this option by the Lessor shall
in no way relieve the Lessee from the duly of producing commercially
demineralized water where required to do so by the Lessor, except
when the option is being exercised and then only with respect to wells
where it is being exercised, or limit the Lessor's right to take any
action under Section 25 to enforce that requirement.
Sec. 7. INSPECTION. The Lessee shall keep open at all reasonable
times for the inspection of any duly authorized representatjve'of the
Lessor the leased lands, and all wells, improvements, machinery, and
fixtures thereon and all production reports, maps, records, books, and
accounts relative to operations under the lease, and well logs, surveys,
or investigations of the leased lands.
Sec. 8. CONDUCT OF OPERATIONS. The Lessee shall conduct all
operations under this lease in a workmanlike manner and in
accordance with all applicable statutes, regulations, and GRO orders,
and all other appropriate directives of the Lessor so as to prevent
injury to life, health, or property and to avoid the waste of resources
of every type, and shall comply with all requirements which are set
forth in 43 CFR Group 3200, including, but not limited to, Subpart
3204, or which may be prescribed by the Lessor pursuant to the
regulations, and with the special stipulations which are attached to
the lease, all of which are specifically incorporated into this lease. A
breach of any term of these requirements and stipulations will be a
breach of the terms of this lease and subject to all the provisions of
this lease with respect to remedies in case of default. Where any
stipulation is inconsistent with a regular provision of this lease, the
stipulation shall govern.
Sec. 9. INDEMNIFICATION.
(a) The Lessee shall be liable to the United States for any damage
suffered by the United States in any way arising from or connected
with the Lessee's activities and operations conducted pursuant to this
lease, except where damage is caused by employees of the United
Stales acting within the scope of their authority.
(b) The Lessee shall indemnify and hold harmless the United
States from any and all claims arising from or connected with the
Lessee's activities and operations under this lease.
(c) In any case where liability without fault is imposed on the
Lessee pursuant to this section, and the damages involved were caused
by the action of a third party, the rules of subrogation shall apply in
accordance with the law of the jurisdiction where the damage
occurred.
Sec. 10. CONTRACTS FOR SALE OR DISPOSAL OF PRODUCTS.
The Lessee shall file with the Supervisor not later than thirty (30)
days after the effective date thereof any contract, or evidence of
other arrangement for the sale or disposal of geothermal resources.
See. 11. ASSIGNMENT OF LEASE OR INTEREST THEREIN.
Within ninety (90) days from the date of execution thereof, the
Lessee shall file for approval by the Authorized Officer of the Bureau
(hereinafter called "the Authorized Officer") any instruments of
transfer made of this lease or of any interest therein, including
assignments of record title and working or other interests.
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Sec. 12. REPORTS AND OTHER INFORMATION. At such times
and in such form as the Lessor may prescribe, the Lessee shall comply
with all reporting requirements of the geothermal resources teasing,
operating, and unit regulations and shall submit quarterly reports
containing the data which it has collected through the monitoring of
ail, land, and water quality and all other data pertaining to the effect
of the environment of operations under the lease. The Lessee shall also
comply with such other reporting requirements as may be imposed by
the Authorized Officer or the Supervisor. The Lessor may release to
the general public any reports, maps, or other information submitted
by the Lessee except geologic and geophysical interpretations, maps,
or data subject to 30 CFR 270.79 or unless the Lessee shall designate
that information as proprietary and the Supervisor or the Authorized
Officer shall approve that designation.
Sec. 13. DILIGENT EXPLORATION. In the manner required by the
regulations, the Lessee shall diligently explore the leased lands for
geothermal resources until there is production in commercial quan-
tities applicable to this lease. After the fifth year of the primary term
the Lessee shall make at least the minimum expenditures required to
qualify the operations on the leased lands as diligent exploration
under the regulations.
Sac. 14. PROTECTION OF THE ENVIRONMENT (LAND, AIR
AND WATER) AND IMPROVEMENTS. The Lessee shall take all
mitigating actions required by the Lessor to prevent: (a) soil erosion
or damage to crops or other vegetative cover on Federal or
non-Federal lands in the vicinity; (b) the pollution of land, air, or
water; (c) land subsidence, seismic activity, or noise emissions; (d)
damage to aesthetic and recreational values; (e) damage to fish or
wildlife or their habitats; (0 damage to or removal of improvements
owned by the United States or other parties; or (g) damage to or
destruction or toss of fossils, historic or prehistoric ruins, or artifacts.
Prior to the termination of bond liability or at any other time when
required and to the extend deemed necessary by the Lessor, the
Lessee shall reclaim all surface disturbances as required, remove or
cover all debris or solid waste, and, so far as possible, repair the offsite
and onsitc damage caused by his activity or activities incidental
thereto, and return access roads or trails and the leased lands to an
acceptable condition including the removal of structures, if required.
The Supervisor or the Authorized Officer shall prescribe the steps to
be taken by Lessee to protect the surface and the environment and for
the restoration of the teased lands and other lands affected by
operations on the leased lands and improvements thereon, whether or
not the improvements are owned by the United Stales. Timber or
mineral materials may be obtained only on terms and conditions
imposed by the Authorized Officer.
Sec. 15. WASTE. The Lessee shall use all reasonable precautions to
prevent waste of natural resources and energy, including geothermal
resources, or of any minerals, and to prevent the communication of
water or brine zones with any oil. gas, fresh water, or other gas or
water bearing formations or zones which would threaten destruction
or damage to such deposits. The Lessee shall monitor noise and air
and water quality conditions in accordance with any orders of the
Supervisor.
See. 16. MEASUREMENTS. The Lessee shall gauge or otherwise
measure all production, sales, or utilization of geothermal resources
and shall record the same accurately in records as required by the
Supervisor. The records shall be kept and preserved by the Lessee for
a period of five (5) years.
Sec. 17. RESERVATIONS TO LESSOR. All rights in the leased area
not granted to the Lessee by this lease arc hereby reserved to the
Lessor. Without limiting the generality of the foregoing such reserved
rights include:
(a) Disposed-The right to sell or otherwise dispose of the surface
of the leased lands or any resource in the leased lands under existing
laws, or laws hereafter enacted, subject to the Lessee under this lease:
(b) Rigfits-of-way-TYie right to authorize geological and geophys-
ical explorations on the leased lands which do not interfere with or
endanger actual operations under this lease, and the right to grant
such easements or rights-of-way for joint or several use upon, through
or in the leased area for steam lines and other public or private
purposes which do not interfere with or endanger actual operations or
facilities constructed under this lease:
(c) Mineral Rigfits-The ownership of and the right to extract oil.
hydrocarbon gas, and helium from all geothermal steam and asso-
ciated geothermal resources produced from the leased lands;
(d) Conn;-The right to acquire the well and casing at the fair
market value of the casing where the Lessee finds only potable water,
and such water is not required in lease operations or any well drilled
for the production of geothermaf resources; and
(e) Measurement* Iht right to measure geothermal resources and
to sample any production thereof.
Sec. 18- ANTIQUITIES AND OBJECTS OF HISTORIC VALUE.
The Lessee shall immediately bring to the attention of Che Authorized
Officer any and all antiquities or other objects of historic or scientific
interest, incfading but not limited to historic or prehistoric ruins,
fossils, or artifacts discovered as a result of operations under this
lease, and shall leave such discoveries intact. Failure to comply with
any of the terms and conditions imposed by the Authorized Officer
with regard to the preservation of antiquities may constitute a
violation of the Antiquities Act (16 U.S.C. 431-433). Prior to
operations, the Lessee shall furnish to the Authorized Officer a
certified statement that either no archaeological values exist or that
they may exist on the leased lands to the best of the Lessee's
knowledge and belief and that they might be impaired by geothermal
operations. If the Lessee furnishes a statement that archaeological
values may exist where the land is to be disturbed or occupied, the
Lessee will engage a qualified archaeologist, acceptable to the
Authorized Officer, to survey and salvage, in advance of any
operations, such archaeological values on the lands involved. The
responsibility for the cost for the certificate, survey, and salvage will
be borne by the Lessee, and such salvaged property shall remain the
property of the United States or the surface owner.
Sec. 19. DIRECTIONAL DRILLING. A directional well drilled
under the leased area from a surface location on nearby land not
covered by the lease shall be deemed to have the same effect for all
purposes of this lease as a well drilled from a surface location on the
leased area. In such circumstances, drilling shall be considered to have
been commenced on the leased area when drilling is commenced on
the nearby land for the purpose of directional drilling under the
leased area, and production of geothermal resources from the leased
area through any directional well located on nearby land, or drilling
or reworking of any such directional well shall be considered
production or drilling or reworking operations (as the case may be) on
the leased area for all purposes of this lease. Nothing contained in this
section shall be construed as granting to the Lessee any rights in any
land outside the leased area.
Sec. 20. OVERRIDING ROYAL I TIES. The Lessee shall not create
overriding royalties of less than one-quarter (1/4) of one percent of
the value of output nor in excess of 50 percent of the rate of royalty
due to the United States specified in Section 3 of this lease except as
otherwise authorized by the regulations. The Lessee expressly agrees
that the creation of any overriding royalty which does not provide for
a prorated reduction of all overriding royalties so that the aggregate
rate of royalties does not exceed the maximum rate permissible under
this section, or the failure to suspend an overriding royalty during any
period when the royalties due to the United States have been
suspended pursuant to the terms of this lease, shall constitute a
violation of the lease terms.
Sec. 21. READJUSTMENT OF TERMS AND CONDITIONS. The
terms and conditions of this lease other than those related to rentals
and royalties may be readjusted in accordance with the Act at not less
than ten-year intervals beginning ten (10) years after the date
geothermal steam is produced from the leased premises as determined
by the Supervisor.
Sec. 22. COOPERATIVE OR UNIT PLAN. The Lessee agrees that it
will on its own, or at the request of the Lessor where it is determined
to be necessary for the conservation of the resource or to prevent the
waste of the resource, subscribe to and operate under any reasonable
cooperative or unit plan for the development and operation of the
area, field, or pool, or part thereof embracing the lands subject to this
lease as the Secretary may determine to be practicable and necessary
or advisable in the interest of conservation. In the event the leased
lands are included within a unit, the terms of this lease shall be
deemed to be modified to conform to such unit agreement. Where
any provision of a cooperative or unit plan of development which has
been approved by the Secretary, and which by its terms affects the
leased area or any part thereof, is inconsistent with a provision of this
lease, the provisions of such cooperative or unit plan shall govern.
Sec. 23. RELINQUISHMENT OF LEASE. The Lessee may relin-
quish this entire lease or any officially designated subdivision of the
leased area in accordance with the regulations by filing in the proper
Bureau office a written relinquishment, in triplicate, which shall be
effective as of the date of filing. No relinquishment of this lease or of
any portion of the leased area shall relieve the Lessee or his surety
from any liability for breach of any obligation of this lease, including
the obligations to make payment of all accrued rentals and royalties
and to place all wells in the leased lands to be relinquished in
condition for suspension or abandonment, and to protect or restore
substantially the surface or subsurface resources in a manner
satisfactory to the Lessor.
Sec. 24. REMOVAL OF PROPERTY ON TERMINATION OR
EXPIRATION OF LEASE.
(a) Upon the termination or expiration of this lease in whole or in
part, or the relinquishment of the lease in whole or in part, as herein
provided, the Lessee shall within a period of ninety (90) days (or such
longer period as the Supervisor may authorize because of adverse
climatic conditions) thereafter remove from the leased lands, no
longer subject to the lease all structures, machinery, equipment, tools
and materials in accordance with applicable regulations and orders of
the Supervisor. However, the Lessee shall, for a period of not more
than six (6) months, continue to maintain any such property needed
on the relinquished area, as determined by the Supervisor, for
producing wells or for drilling or producing geothermal resources on
other leases.
(b) Any structures, machinery, equipment, tools, appliances, and
materials, subject to removal by the Lessee as provided above, which
are allowed to remain on the leased lands shall become the property
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of the Lenor on expiration of the 90-dty period or any extension of
that period which nay be prated by the Supervisor. If the Supervisor
directs the Lessee to lemove such property, the lessee shall do so at
his own expense, or if he fails to do so within a reasonable period, the
Lessor may do so at the Lessee's expense.
Sac. 25. REMEDIES IN CASE OF DEFAULT.
(a) Whenever the Lessee foils to comply with any of the
provisions of the Act, or of this lease, 01 of the regulations issued
under the Act, or of any order issued pursuant to those regulations
and that default shall continue for a period of thirty (3) days after
service of notice by the Lessor, the Lessor may (!) suspend operations
until the requested action is taken to correct the noncompliance, or
(2) cancel the lease in accordance with Section 12 of the Act (30
U.S.C. 1011). However, the 30-day notice provision applicable to this
lease under Section 12 of the Act shall also apply as a prerequisite to
the institution of any legal proceedings by the Lessor to cancel this
lease while it is in a producing status. Nothing in this subsection shall
be construed to apply to, or require any notice with respect to any
legal action instituted by the Lessor other than an action to cancel the
lease pursuant to Section 12 of the Act.
(b) Whenever the Lessee fails to comply with any of the
provisions of the Act, oz of this lease, or the regulations, or of any
GRO, or other orders, and immediate action is required, the Lessor
without waiting for action by the Lessee may enter on the leased
lands and take such measures as he may deem necessary to correct the
raflure, including a suspension of operations or production all at the
expense of the Lessee. The Lessor may also exercise any legal or
equitable remedy or remedies which it may have.
(c) A waiver of any particular violation of the provisions of the
Act, or of this lease, or of any regulations promulgated by the
Secretary under the Act, shall not prevent the cancellation of this
lease or the exercise of any other remedy or remedies under
paragraphs (a) and (b) of this section by reason of any other such
violation, or for the same violation occuring at any other time.
(d) Nothing herein shall limit or affect the Lessee's right to a
hearing and appeal as provided in Section 12 of the Act and in the
regulations promulgated thereunder.
(e) Upon cancellation, the Lessee shall remove all property in
accordance with Section 24 hereof, and shall restore the leased lands
in a manner acceptable to the Lessor or as may be otherwise required
by the Lessor.
Sec. 26. HEIRS AND SUCCESSORS IN INTEREST. Each obligation
hereunder shall extend to and be binding upon, and every benefit
hereof shall inure to, the heirs, executors, administrators, successors,
or assigns, of the respective parties hereto.
Sec. 27. UNLAWFUL INTEREST. No member of, or Delegate to
Congress, or Resident Commissioner, after his election or appoint-
ment, either before or after he has qualified, and during his
continuance in office, and no officer, agent, or employee of the
Department shall be admitted to any share or part in this lease or
derive any benefit that may arise therefrom; and the provisions of
Section 3741 of the Revised Statutes (41 U.S.C. Sec. 22), as
amended, and Sections 431, 432, and 433 of Title 18 of the United
States Code, relating to contracts made or entered into, 01 accepted
by or on behalf of the United States, form a part of this lease so far as
the same may be applicable.
See. 28. EQUAL OPPORTUNITY CLAUSE. The Lessee agrees that,
during the performance of this lease:
(1) The Lessee will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The Lessee will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex. or
national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Lessee agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Lessor setting forth the provisions of this Equal
Opportunity clause.
(2) The Lessee will, in all solicitations or advertisements for
employees placed by or on behalf of the Lessee, state that all
qualified applicants will receive consideration for employment with-
out regard to race, color, religion, sex, or national origin.
(3) The Levee will send to each labor union or representative of
workers with which Lessee has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
Lessor, advising the labor union or workers' representative of the
Lessee's commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Lessee will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, as amended, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Lessee wfll furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, as amended,
and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and
accounts by the Secretary of the Interior and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Lessee's noncompliance with the Equal
Opportunity clause of this lease or with any of said rules, regulations,
or orders, this lease may be canceled, terminated or suspended in
whole or in part and the Lessee may be declared ineligible for further
Federal Government contracts or leases in accordance with proce-
dures authorized in Executive Order No. 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, as amended, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(7) The Lessee will include the provisions of Paragraphs (1)
through (7) of this Section (28) in every contract, subcontract or
purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order
No. 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each contractor, subcontractor, or
subcontract, or purchase order as the Secretary may direct as a means
subcontract or purchase order as the Secretary may direct as a means
of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event the Lessee becomes involved in,
or is threatened with, litigation with a contractor, subcontractor, or
vendor as a result of such direction by the Secretary, the Lessee may
request the Lessor to enter into such litigation to protect the interests
of the Lessor.
Sec. 29. CERTIFICATION OF NONSEGREGATED FACILITIES.
By entering into this lease, the Lessee certifies thai Lessee does not
and will not maintain or provide tor Lessee's employees any
segregated facilities at any of Lessee's establishments, and that Lessee
does not and will not permit Lessee's employees to perform their
services at any location, under Lessee's control, where segregated
facilities are maintained. The Lessee agrees that a breach of this
certification is a violation of the Equal Opportunity clause of this
lease. As used in this certification, the term "segregated facilities"
means, but is not limited to, any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time
clocks, locker rooms and other storage or dressing areas, parking lots.
drinking fountains, recreation or entertainment areas, transportation,
and housing facilities provided for employees which are segregated by
explicit directive or are in fact segregated on the basis of race, color,
religion, or national origin, because of habit, local custom, or
otherwise. Lessee further agrees that (except where Lessee has
obtained identical certifications from proposed contractors and
subcontractors for specific time periods) Lessee will obtain identical
certifications from proposed contractors and subcontractors prior to
the award of contracts or subcontracts exceeding $10.000 which are
not exempt from the provisions of the Equal Opportunity clause; that
Lessee will retain such certifications in Lessee's files; and that Lessee
will forward the following notice to such proposed contractors and
subcontractors (except where the proposed contractor 01 subcon-
tractor has submitted identical certifications for specific time peri-
ods): Lessee will notify prospective contractors and subcontractors of
requirement for certification of nonsegregated facilities. A Certifica-
tion of Nonsegregated Facilities, as required by the May 9,1967 Order
(321-.R. 7439, May 19, 1967) on Elimination of Segregated Facilities,
by the Secretary of Labor, must be submitted prior to the award of a
contract or subcontract exceeding $10.000 which is not exempt from
the provisions of the Equal Opportunity clause. The certification may
be submitted either for each contract and subcontract or**fot all
contracts and subcontracts during a period {i.e., quarterly, semian-
nually, or annually).
See. 30. SPECIAL STIPULATIONS.
In witness whereof the parties have executed this lease.
THE UNITED STATES OF AMERICA
(Signature of Lessee)
(Authorized Officer)
(Signature of Lessee)
(Title)
(Date)
(Date)
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APPENDIX G
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
NOTICE OF INTENT TO CONDUCT GEOTHERMAL RESOURCE
EXPLORATION OPERATIONS
Notice Number
Applicant(s)
Address (include zip code)
Operator
Contract or(s)
Address (include zip code)
Address (include zip code)
hereby apply for authorization to conduct exploration operations pursuant to the provisions of 43 CFR 3209 now or hereafter in
force across and upon the following-described lands (give description of lands by township, attach map or maps showing lands to
be entered or affected)
Type of operations to be conducted (give brief description)
Exploration operations will be conducted during the period (date) from
to
Attached | $
Surety bond | | Rider to Nationwide bond | Rider to Statewide bond | | Bond to be furnished
Upon completion of exploration operations the undersigned agrees to notify the Authorized Officer that authorized exploration
operations have been completed in conformance with the general and special terms and stipulations of the notice.
The undersigned hereby agrees (1) that he will not enter upon the described land until he has been informed in writing whether
there are special stipulations applicable to his Notice of Intent, as to either time or method of operation or otherwise, and, if
there are such stipulations, what those stipulations are, (2) that he will comply with those special stipulations, if any; and (3)
that he will not enter upon the described lands until his entry has been approved by the Authorized Officer.
The undersigned agrees to be bound by the terms and conditions of this notice to conduct exploration operations when approved by
the Authorized Officer.
The undersigned agrees that the filing of this Notice under
the regulations (43 CFR Subpart 3209) does not vest or confer
any preference right to a geothermal resources lease.
The undersigned agrees further that all exploration operations
shall be conducted pursuant to the following terms and
conditions:
1. Exploration operations shall be conducted in compliance
with all Federal, State, and local laws, ordinances, or
regulations which are applicable to the area of operations
including, but not limited to, those pertaining to fire,
sanitation, conservation, water pollution, fish, and game.
All operations hereunder shall be conducted in a prudent
manner.
2. Due care shall be exercised in protecting the described
lands from damage. All necessary precautions shall be
taken to avoid any damage other than normal wear and
tear to improvements on the land including, but not
limited to, gates, bridges, roads, culverts, cattle guards,
fences, dams, dikes, vegetative cover, improvements,
stock watering, and other facilities.
3. All drill holes shall be capped when not in use and
appropriate procedures shall be taken to protect against
hazards in order to protect the lives, safety, or property
of other persons or of wildlife and livestock.
4. All vehicles shall be operated at a reasonable rate of
speed and, in the operation of vehicles, due care shall
be taken to safequard livestock and wildlife in the vicin-
ity of operations. Existing roads and trails shall be
used wherever possible. If new roads and trails are to be
constructed, the Authorized Officer must be consulted
prior to construction as to location and specifications.
Reclamation and/or reseeding of new roads and trails
shall be made as requested by the Authorized Officer.
5. Upon expiration, conclusion, or abandonment of operations
conducted pursuant to this Notice, all equipment shall be
removed from the land, and the land shall be restored as
nearly as practicable to its original condition by such
measures as the Authorized Officer may specify. All
geophysical holes shall be safely plugged. The Au-
thorized Officer shall be furnished a Notice of Com-
pletion of Ceolhermal Resource Exploration Operations
(Form 3200—3) immediately upon cessation of all such
operations and shall be further informed of the com-
pletion of reclamation work as soon as possible.
6. Location and depth of water sands encountered shall be
disclosed to the Authorized Officer.
(Continued on reverse)
Form 3200-9 (December 1973)
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7. Operator shall contact the Authorized Officer, prior to
actual entry upon the land in order to be appraised of
practices which shall be followed or avoided in the
conduct of exploration operations pursuant to the terms
of this Notice and applicable regulations. Operator will
conduct no operations on the land unless the attached
bond is in good standing.
8. Due care shall be exercised to avoid scarring or removal
of ground vegetative cover.
9. All operations shall be conducted in such a manner to
avoid (a) blockage of any drainage systems; (b) changing
the character, or causing the pollution or siltation of
rivers, streams, lakes, ponds, waterholes, seeps, and
marshes, and (c) damaging fish and wildlife resources or
habitat. Cuts or fills causing any of the above-mentioned
problems will be repaired immediately in accordance with
specifications of the Authorized Officer.
10. Vegetation shall not be disturbed within 300 feet of
waters designated by the Authorized Officer, except at
approved stream crossings.
11. Surface damage which induces soil movement and/or
water pollution shall be subject to corrective action as
required by the Authorized Officer.
12. Trails and campsites shall be kept clean. All garbage
and foreign debris shall be eliminated as required by
the Authorized Officer.
13. Operator shall protect all survey monuments, witness
corners, reference monuments, and bearing trees against
destruction, obliteration, or damage. He shall, at his
expense reestablish damaged, destroyed, or obliterated
monuments and corners, using a licensed surveyor, in
accordance with Federal survey procedures. A record
of the reestablishment shall be submitted to the Autho-
rized Officer.
14. Operator shall make every reasonable effort to prevent,
control, or suppress any fires started by the operator, and
to report, as soon as possible, to the Authorized Officer
location and size of fires, and assistance needed to
suppress such fires. Operator shall inform the Autho-
rized Officer as soon as possible of all fires, regardless
of location, noted, or suppressed by independent action.
15. No work shall be done within one-half mile of a developed
recreation site without specific written authority from the
Authorized Officer. Any travel within one-half mile of a
recreation site shall be over existing roads or trails.
16. Use of explosives within one-half mile of designated
waters is prohibited unless approved, in writing, by the
Authorized Officer.
17. If operations conducted under the provisions of this
Notice causes any damage to the surface of the
national resource lands, such as, but not limited to, soil
erosion, pollution of water, injury or destruction of live-
stock or wildlife, or littering, operator shall, within 48
hours, file with the Authorized Officer a map showing
exact location of such damage and a written report
containing operator's plans for correcting or minimizing
damage, if possible.
18. Violation of, or failure to comply with any of these terms
and conditions shall result in immediate shutdown of
field operations until deficiency is corrected. Failure to
correct deficiency within the time period allowed by the
Authorized Officer shall result in forfeiture of bond.
19. The Bureau of Land Management reserves the right to
close any area to operators in periods of fire danger or
when irreparable damage to natural resources is imminent.
20. Contractor shall be liable for assuring compliance with
all terms and conditions of this Notice and all actions
of his designated operator, agents, and employees.
21. Where continuation of the operation will result in irrep-
arable damage to the land and other natural resources
this Notice will be immediately cancelled by the Autho-
rized Officer.
'22. Special Stipulations:
(Signature of Applicant)
(Date)
(Signature of Operator)
(Date)
We hereby agree to the special stipulations added and made a part of this Notice to conduct exploration operations.
(Signature of Holder of Notice)
(Date)
(Signature of Operator)
(Date)
I hereby approve this Notice to conduct exploration operations.
(Signature of Authorized Officer)
(Title)
(Date)
GPO 881-817
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APPENDIX H
Subsidence Requirements of
State of Wyoming Geothermal Lease
SECTION 11. SUBSIDENCE. The Board reserves and retains the right, upon
receipt of any evidence of subsidence of the surface of either the leased or
adjacent lands, to determine that any or all further operations under this
lease would or might aggravate or cause subsidence to the impairment of, or
interference with, the developed areas adjacent to the leased lands or
damage to other properties. In the event of such determination, the Board
may notify the Lessee, in writing, to suspend in the manner and to the extent
specified in said notice, all or any part of Lessee's operations under this
lease within thirty (30) days of said notice, and Lessee agrees to suspend
said operations within said time in the manner and to the extent so speci-
fied. The Lessee must also notify the Board immediately of any evidence of
subsidence.
Exercise of the foregoing right by the Board is subject to the following
PROVISOS:
(a) Such determination may be made by the Board at any time during the
effective term of this lease but only at a meeting of said Board after
written notice to Lessee that the Board has received evidence of such sub-
sidence and proposes to determine whether any or all further operations under
this lease would or might cause or aggravate subsidence to the impairment of,
or interference with, the developed area or damage to other properties
adjacent to the leased lands. At any such meeting Lessee may present facts
and arguments relevant to such determination.
(b) At said meeting, the Board shall, to the best of its ability and
to the extent permitted by law, make available to Lessee for study any and
all written and graphic information and opinions theretofore recieved or
prepared by or for the Board relative to susidence of the surface of the
leased and adjacent lands.
(c) Operations under this lease suspended pursuant to this Section may
be resumed by lessee, in whole or in part, only in the manner and to the
extent provided and subject to conditions contained in a program, agreed to
by both the Board and Lessee, designed to alleviate or prevent further
subsidence.
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(d) Notwithstanding any agreement by the State to any such program,
the Board may, upon receipt of evidence of further such subsidence occurring
subsequent to the resumption of operations under such program, notify Lessee
to again suspend operations in accordance with the provisions of this
Section, and Lessee agrees to so suspend operations.
During any such period of suspension in whole or in part pursuant to
this Section, the rental, minimum royalty, drilling, offset, and production
obligations of Lessee shall likewise be suspended in whole or in part to
the extent and only to the extent that such rental, minimum royalty, drill-
ing, offset, and production obligations are rendered impracticable or
unreasonable as a result of the notice to supend issued by the State pursuant
to this Section.
The rights reserved and retained by the Board under this Section shall
be exercisable to the extent and only to the extent that such exercise is
permitted by law at the time of such exercise.
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APPENDIX I
CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970 AS AMENDED*
(Public Resources Code Sees. 21000 et seq.)
21000. The Legislature finds and declares as follows:
(a) The maintenance of a quality environment for the people of this
etate now and in the future is a matter of statewide concern.
(b) It is necessary to provide a high-rquality environment that at all
times is healthful and pleasing to the senses and intellect of man.
(c) There is a need to understand the relationship between the main-
tenance of high-quality ecological systems and the general welfare of
the people of the state, including their enjoyment of the natural resour-
ces of the state.
(d) The capacity of the environment is limited, and it is the intent
of the Legislature that the government of the state take immediate steps
to identify any critical thresholds for the health and safety of the people
of the state and. take all coordinated actions necessary to preveni aueh
thresholds being reached.
(e) Every citizen has a responsibility to contribute to the preserva-
tion and enhancement of the environment.
(f) The interrelationship of policies and practices in the management
of natural resources and waste disposal requires systematic and concer-
ted efforts by public and private interests to enhance environmental
quality and to control environmental pollution.
(g) It is the intent of the Legislature that all agencies of the state
government which regulate activities of private individuals, corpora-
tions, and public agencies which are found to affect the quality of the
environment, shall regulate such activities so that major consideration
is given to preventing environmental damage.
"As amended by AB 889 (Chap. 1154), 1972; AB 2338 (Chap. 56), 1974.
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21001. The Legislature further finds and declares that it is the
policy of the state to:
(a) Develop and maintain a high-quality environment now and in the
future, and take all action necessary to protect, rehabilitate, and
enhance the environmental quality of the state.
(b) Take all action necessary to provide the people of this state with
clean air and water, enjoyment of aesthetic, natural, scenic, and
historic environmental qualities, and freedom from excessive noise.
(c) Prevent the elimination of fish or wildlife species due to man's
activities, insure that fish and wildlife populations do not drop below
self-perpetuating levels, and preserve for future generations represen-
tations of all plant and animal communities and examples of the major
periods of California history.
(d) Ensure that the long-term protection of the environment shall
be the guiding criterion in public decisions.
(e) Create and maintain conditions under which man and nature
can exist in productive harmony to fulfill the social and economic
requirements of present and future generations.
(f) Require governmental agencies at all levels to develop stan-
dards and procedures necessary to protect environmental quality.
(g) Require governmental agencies at all levels to consider
qualitative factors as well as economic and technical factors and long-
term benefits and costs, in addition to short-term benefits and costs
and to consider alternatives to proposed actions affecting the environ-
ment.
21050. This division shall be known and may be cited as the
Environmental Quality Act of 1970.
21060. Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.
21060. 5. "Environment" means the physical conditions which
exist within the area which will be affected by a proposed project,
including land, air, water, minerals, flora, fauna, noise, objects of
historic or aesthetic significance.
21061. "Environmental impact report" means a detailed statement
setting forth the matters specified in Section 21100. It includes any
comments on an environmental impact report which are obtained pur-
suant to Section 21104 or 21153, or which are required to be obtained
pursuant to this division.
An environmental impact report is an informational document
which, when its preparation is required by this division, shall be con-
sidered by every public agency prior to its approval or disapproval of
a project. The purpose of an environmental impact report is to pro-
vide public agencies with detailed information about the effect which a
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proposed project is likely to have on the environment; to list ways in
which any adverse effects of such a project might be minimized and to
suggest alternatives to such a project.
21062. "Local agency" means any public agency other than a state
agency, board, or commission. For purposes of this division, a re-
development agency is a local agency, and not a state agency, board
or commission.
21063. "Public agency" includes any state agency, board, .or
commission, any county, city and county, city, regional agency,
public district, redevelopment agency, or other political subdivision.
21065. "Project" means the following:
(a) Activities directly undertaken by any public agency.
(b) Activities undertaken by a person which are supported in whole
or in part through contracts, grants, subsidies, loans, or other forms
of assistance from one or more public agencies.
(c) Activities involving the issuance to a person of a lease, permit,
license, certificate, or other entitlement for use by one or more
public agencies.
21066. "Person" includes any person, firm, association, organi-
zation, partnership, business, trust, corporation, company, district,
county, city, town, the state, and any of the agencies and political
subdivisions of such entities.
21067. "Lead agency" means the public agency which has the
principal responsibility for carrying out or approving a project which
may have a significant effect upon the environment.
21080. (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to, the
enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits and the
approval of tentative subdivision maps (except where such a project is
exempt from the preparation of an environmental impact report pur-
suant to Section 21166).
(b) This division shall not apply to ministerial projects proposed
to be carried out or approved by public agencies.
21082. All public agencies shall adopt by ordinance, resolution,
rule or regulation, objectives, criteria and procedures for the evalua-
tion of projects and the preparation of environmental impact reports
pursuant to this division. The objectives, criteria and procedures
shall be consistent with the provisions of this division and with the
guidelines adopted by the Secretary of the Resources Agency pursuant
to Section 21083. Such objectives, criteria and procedures shall be
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adopted by each public agency no later than 60 days after the Secre-
tary of the Resources Agency has adopted guidelines pursuant to
Section 21083.
21083. The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. Such guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation of
environmental impact reports in a manner consistent with this divi-
sion.
Such guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment. " Such criteria
shall require a finding of "significant effect on the environment" if
any of the following conditions exist:
(a) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals;
(b) The possible effects of a project are individually limited but
cumulatively considerable;
(c) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
Such guidelines shall also include procedures for determining the
lead agency pursuant to the provisions of Section 21165.
The Office of Planning and Research shall develop and prepare
such proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. No later than
60 days after the effective date of this section the Secretary of the
Resources Agency shall certify and adopt such guidelines pursuant
to Chapter 4. 5 (commencing with Section 11371) of part 1, Division 3,
Title 2 of the Government Code, which shall become effective upon
the filing thereof, provided that such guidelines shall not be adopted
without compliance with Sections 11423, 11424, and 11425 of the
Government Code.
21083. 5. The guidelines prepared and adopted pursuant to Section
21083 may provide that when an environmental impact statement has
been, or will be, prepared for the same project pursuant to the re-
quirements of the National Environmental Policy Act of 1969 and
implementing regulations thereto, all or any part of such statement
may be submitted in lieu of all or any part of an environmental impact
report required by this division, provided that such statement, or the
part thereof so used, shall comply with the requirements of this
division and the guidelines adopted pursuant thereto.
21084. The guidelines prepared and adopted pursuant to Section
21083 shall include a list of classes of projects which have been de-
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termined not to have a significant effect on the environment and which
shall be exempt from the provisions of this division. In adopting the
guidelines, the Secretary of the Resources Agency shall make a
finding that the list or classification of projects referred to in this
section do not have a significant effect on the environment.
21085. All classes of projects designated pursuant to Section
21084, together with emergency repairs to public service facilities
necessary to maintain service, shall be exempt from the provisions of
this division.
21086. A public agency may, at any time, request the addition or
deletion of a class of projects, to the list designated pursuant to Sec-
tion 21084. Such a request shall be made in writing to the Office of
Planning and Research and shall include information supporting the
public agency's position that such class of projects does, or does not,
have a significant effect on the environment.
The Office of Planning and Research shall review each such request
and, as soon as possible, shall submit its recommendation to the
Secretary of the Resources Agency. Following the receipt of such
recommendation, the Secretary of the Resources Agency may add or
delete the class of projects to the list of classes of projects designated
pursuant to Section 21084 which are exempt from the requirements of
this division.
The addition or deletion of a class of projects, as provided in this
section, to the list specified in Section 21084 shall constitute an
amendment to the guidelines adopted pursuant to Section 21083 and
shall be adopted in the manner prescribed in Sections 21083, 21084,
and 21087.
21087. The Office of Planning and Research shall periodically
review the guidelines adopted pursuant tc Section 21083 and shall
recommend proposed changes or amendments to the Secretary of the
Resources Agency. Changes or amendments to the guidelines shall
be adopted by the Secretary of the Resources Agency in the same
manner as provided in Section 21083 for the adoption of the original
guidelines.
21088. The Secretary of the Resources Agency shaE provide for
the timely distribution to all public agencies of the guidelines and any
amendments or changes thereto. In addition, the Secretary of the>
Resources Agency may provide for publication of a bulletin to provide
public notice of the guidelines, or any amendments or changes thereto,
and of the completion of environmental impact reports prepared in
compliance with this division.
21089. A public agency may charge and collect a reasonable fee
from any person proposing a project subject to the provisions of this
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division in order to recover the estimated costs incurred by the public
agency in preparing an environmental impact report for such project.
21090. For all purposes of this division all public and private
activities or undertakings pursuant to or in furtherance of a redevelop-
ment plan shall be deemed a single project.
21100. Allstate agencies, boards, and commissions shall pre-
pare, or cause to be prepared by contract, and certify the completion
of an environmental impact report on any project they propose to
carry out or approve which may have a significant effect on the environ-
ment. Such a report shall include a detailed statement setting forth
the following:
(a) The environmental impact of the proposed action.
(b) Any adverse environmental effects which cannot be avoided if
the proposal is implemented.
(c) Mitigation measures proposed to minimize the impact.
(d) Alternatives to the proposed action.
(e) The relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity.
(f) Any irreversible environmental changes which would be
involved in the proposed action should it be implemented.
(g) The growth-inducing impact of the proposed action.
21101. In regard to any proposed federal project in this state
which may have a significant effect on the environment and on which the
state officially comments, the state officials responsible for such
comments shall include in their report a detailed statement setting
forth the matters specified in Section 21100 prior to transmitting
the comments of the state to the federal government. No report shall
be transmitted to the federal government unless it includes such a
detailed statement as to the matters specified in Section 21100.
21102. No state agency, board, or commission shall reqiiest
funds, nor shall any state agency, board, or commission which au-
thorizes expenditures of funds, other than funds appropriated in the
Budget Act, authorize funds for expenditure for any project, other
than a project involving only feasibility or planning studies for pos-
sible future actions which the agency, board, or commission has not
approved, adopted or funded, which may have a significant effect on
the environment unless such request or authorization is accompanied
by an environmental impact report.
Feasibility and planning studies exempted by this section from the
preparation of an environmental impact report shall nevertheless
include consideration of environmental factors.
21104. Prior to completing an environmental impact report, the
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responsible state agency shall consult with, and obtain comments
from, any public agency which has jurisdiction by law with respect to
the project, and may consult with any person who has special exper-
tise with respect to any environmental impact involved.
21105. The responsible state agency shall include the environ-
mental impact report as a part of the regular project report used in
the existing review and budgetary process. It shall be available to
the Legislature. It shall also be available for inspection by the
general public who may secure a copy thereof by paying for the actual
cost of such a copy. It shall be filed by the responsible state agency
with the appropriate local planning agency of any city, county, or
city and county which will be affected by the project.
21106. All state agencies, boards, and commissions shall re-
quest in their budgets the funds necessary to protect the environment
in relation to problems caused by their activities.
21108. [Amended by AB 2338, Chap. 56, 1974.] (a) Whenever a
state agency, board, or commission approves or determines to carry
out a project which is subject to the provisions of this division, it shall
file notice of such approval or such determination with the Secretary
of the Resources Agency. Such notice shall indicate the determination
of the agency, board, or commission whether the project will, or will
not, have a significant effect on the environment and shall indicate
whether an environmental impact report has been prepared pursuant to
the provisions of this division.
(b) Whenever a state agency, board, or commission determines
that a project is not subject to the provisions of this division pursuant
to subdivision (b) of Section 21080 or pursuant to Section 21085 or
21172, and it approves or determines to carry out such project, it, or
the person specified in subdivision (b) or (c) of Section 21065, may
file notice of such determination with the Secretary of the Resources
Agency. Any notice filed pursuant to this subdivision by a person
specified in subdivision (b) or (c) of Section 21065 shall have a certi-
ficate of determination attached to it issued by the state agency,
board, or commission responsible for making the determination that
a project is not subject to the provisions of this division pursuant to
subdivision (b) of Section 21080 or pursuant to Section 21085 or 21172.
The certificate of determination may be in the form of a certified
copy of an existing document or record of the state agency, board, or
commission.
(c) All notices filed pursuant to this section shall be available for
public inspection, and a list of such notices shall be posted on a
weekly basis in the Office of the Resources Agency. Each such list
shall remain posted for a period of 30 days.
21150. State agencies, boards, and commissions responsible for
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allocating state or federal funds on a project-by-project basis to local
agencies for any project which may have a significant effect on the
environment, shall require from the responsible local governmental
agency a detailed statement setting forth the matters specified in
Section 21100 prior to the allocation of any funds other than funds
solely for projects involving only feasibility or planning studies for
possible future actions which the agency, board, or commission has
not approved, adopted, or funded.
21151. All local agencies shall prepare, or cause to be prepared
by contract, and certify the completion of an environmental impact
report on any project they intend to carry out or approve which may
have a significant effect on the environment. When a report is re-
quired by Section 65402 of the Government Code, the environmental
impact report may be submitted as a part of that report.
21152. [Amended by AB 2338, Chap. 56, 1974.] (a) Whenever a
local agency approves or determines to carry out a project which is
subject to the provisions of this division, it shall file notice of such
approval or such determination with the county clerk of the county,
or counties, in which the project will be located. Such notice shall
indicate the determination of the local agency whether the project will,
or will not, have a significant effect on the environment and shall
indicate whether an environmental impact report has been prepared
pursuant to the provisions of this division,
(b) Whenever a local agency determines that a project is not
subject to the provisions of this division pursuant to subdivision (b)
of Section 21080 or pursuant to Section 21085 or 21172, and it approves
or determines to carry out such a project, it, or the person specified
in subdivision (b) or (c) of Section 21065, may file notice of such de-
termination with the county clerk of the county, or counties, in which
the project will be located. Any notice filed pursuant to this subdivi-
sion by a person specified in subdivision (b) or (c) of Section 21065
shall have a certificate of determination attached to it issued by the
local agency responsible for making the determination that a project
is not subject to the provisions of this division pursuant to subdivision
(b) of Section 21080 or pursuant to Section 21085 or 21172. The certi-
ficate of determination may be in the form of a certified copy of an
existing document or record of the local agency.
(c) All notices filed pursuant to this section shall be available for
public inspection, and a list of such notices shall be posted on a week-
ly basis in the office of the county clerk. Each such list shall remain
posted for a period of 30 days.
21153. Prior to completing an environmental impact report,
every local agency shall consult with, and obtain comments from, any
public agency which has jurisdiction by law with respect to the project,
202
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and may consult with any person who has special expertise with re-
spect to any environmental impact involved.
21154. Whenever any state agency, board, or commission issues
an order which requires a local agency to carry out a project which
may have a significant effect on the environment, any environmental
impact report which the local agency may prepare shall be limited to
consideration of those factors and alternatives which will not conflict
with such order.
21160. Whenever any person applies to any public agency for a
lease, permit, license, certificate, or other entitlement for use, the
public agency may require that person to submit data and information
which may be necessary to enable the public agency to determine
whether the proposed project may have a significant effect on the
environment or to prepare an environmental impact report.
If any or all of the information so submitted is a "trade secret"
as defined in Section 6254. 7 of the Government Code by those sub-
mitting that information, it shall not be included in the impact report
or otherwise disclosed by any public agency. This section shall not
be construed to prohibit the exchange of properly designated trade
secrets between public agencies who have lawful jurisdiction over the
preparation of the impact report.
21161. Whenever a public agency has completed an environmental
impact report, it shall cause a notice of completion of such report to
be filed with the Secretary of the Resources Agency. The notice of
completion shall briefly identify the project and shall indicate that an
environmental impact report has been prepared. Failure to file the
notice required by this section shall not affect the validity of a
project.
21165. When a project is to be carried out or approved by two or
more public agencies, the determination of whether the project may
have a significant effect on the environment shall be made by the lead
agency and such agency shall prepare, or cause to be prepared by
contract, the environmental impact report for the project, if such a
report is required by this division. In the event that a dispute arises
as to which is the lead agency, any public agency may submit the
question to the Office of Planning and Research, and the Office of
Planning and Research shall designate the lead agency, giving due
consideration to the capacity of such agency to adequately fulfill the
requirements of this division.
21166. When an environmental impact report has been prepared
for a project pursuant to this division, no subsequent environmental
impact report shall be required unless either of the following occurs:
(a) Substantial changes are proposed in the project which will
require major revisions of the environmental impact report.
203
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(b) Substantial changes occur with respect to the circumstances
under which the project is being undertaken which will require major
revision in the environmental impact report.
21167. [Amended by AB 2338, Chap. 56, 1974.] Any action or
proceeding to attack, review, set aside, void, or annul the following
acts or decisions of a public agency on the grounds of noncompliance
with this division shall be commenced as follows:
(a) An action or proceeding alleging that a public agency is
carrying out or has approved a project which may have a significant
effect on the environment without having determined whether the
project may have a significant effect on the environment shall be com-
menced within 180 days of the public agency's decision to carry out
or approve the project, or, if a project is undertaken without a formal
decision by the public agency, within 180 days after commencement of
the project.
(b) Any action or proceeding alleging that a public agency has
improperly determined whether a project may have a significant
effect on the environment shall be commenced within 30 days after the
•iling of the notice required by subdivision (a) of Section 21108 or
subdivision (a) of Section 21152.
(c) Any action or proceeding alleging that an environmental im-
pact report does not comply with the provisions of this division shall
be commenced within 30 days after the filing of the notice required
by subdivision (a) of Section 21108 or subdivision (a) of Section 21152.
(d) Any action or proceeding alleging that a public agency has
improperly determined that a project is not subject to the provisions
of this division pursuant to subdivision (b) of Section 21080 or pursuant
to Section 21085 or 21172 shall be commenced within 35 days after the
filing by the public agency, or person specified in subdivision (b) or
(c) of Section 21065, of the notice authorized by subdivision (b) of
Section 21108 or subdivision (b) of Section 21152. If such notice has
not been filed, such action or proceeding shall be commenced within
180 days of 'he pubiK: agency's decision to carry out or approve the
project, or, if a project is undertaken without a formal decision by
the public agency, within 180 days after commencement of the
project.
(e) Any action or proceeding alleging that any other act or
omission of a public agency does not comply with the provisions of this
division shall be commenced within 30 days after the filing of the
notice required by subdivision (a) of Section 21108 or subdivision (a)
of Section 21152.
21167. 5. Proof of prior service by mail upon the public agency
carrying out or approving the project of a written notice of the com-
mencement of any action or proceeding described in Section 21167
identifying the project shall be filed concurrently with the initial
204
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pleading in such action or proceeding.
21168. Any action or proceeding to attack, review, set aside,
void or annul a determination or decision of a public agency, made as
a result of a proceeding in which by law a hearing is required to be
given, evidence is required to be taken and discretion in the determi-
nation of facts is vested in a public agency, on the grounds of noncom-
pliance with the provisions of this division shall be in accordance with
the provisions of Section 1094. 5 of the Code of Civil Procedure.
In any such action, the court shall not exercise its independent
judgment on the evidence but shall only determine whether the act or
decision is supported by substantial evidence in the light of the whole
record.
21168. 5. In any action or proceeding, other than an action or
proceeding under Section 21168, to attack, review, set aside, void or
annul a determination or decision of a public agency on the grounds of
noncompliance with this division, the inquiry shall extend only to
whether there was a prejudicial abuse of discretion. Abuse of discre-
tion is established if the agency has not proceeded in a manner required
by law or if the determination or decision is not supported by substan-
tial evidence.
21168. 6. In any action or proceeding under Sections 21168 or
21168. 5 against the Public Utilities Commission the writ of mandate
shall lie only from the Supreme Court to such commission.
21168. 7. Sections 21168 and 21168. 5 are declaratory to existing
law with respect to the judicial review of determinations or decisions
of public agencies made pursuant to this division.
21169. Any project defined in subdivision (c) of Section 21065
undertaken, carried out or approved on or before the effective date
of this section and the issuance by any public agency of any lease,
permit, license, certificate or other entitlement for use executed or
issued on or before the effective date of this section notwithstanding
a failure to comply with this division, if otherwise legal and valid, is
hereby confirmed, validated and declared legally effective. Any pro-
ject undertaken by a person which was supported in whole or part
through contracts with one or more public agencies on or before the
effective date of this section, notwithstanding a failure to comply with
this division, if otherwise legal and valid, is hereby confirmed, vali-
dated and declared legally effective.
21170. (a) Section 21169 shall not operate to confirm, validate or
give legal effect to any project the legality of which was being contested
in a judicial proceeding in which proceeding the pleadings, prior to the
effective date of this section, alleged facts constituting a cause of
205
-------
action for, or raised the issue of, a violation of this division and
which was pending and undetermined on the effective date of this
section; provided, however, that Section 21169 shall operate to con-
firm, validate or give legal effect to any project to which this subdi-
vision applies if, prior to the commencement of judicial proceedings
and in good faith and in reliance upon the issuance by a public agency
of any lease, permit, license, certificate or other entitlement for
use, substantial construction has been performed and substantial
liabilities for construction and necessary materials have been incurred.
(b) Section 21169 shall not operate to confirm, validate or give
legal effect to any project which had been determined in any judicial
proceeding, on or before the effective date of this section to be illegal,
void or ineffective because of noncompliance with this division.
21171. This division, except for Section 21169, shall not apply to
the issuance of any lease, permit, license, certificate or other entitle-
ment for use for any project defined in subdivision (c) of Section 21065
or to any project undertaken by a person which is supported in whole
or in part through contracts with one or more public agencies until
the 121st day after the effective date of this section. This section
shall not apply to any project to which Section 21170 is applicable or
to any successor project which is the same as, or substantially iden-
tical to, such a project.
This section shall not prohibit or prevent a public agency, prior
to the 121st day after the effective date of this section, from consi-
dering environmental factors in connection with the approval or
disapproval of a project and from imposing reasonable fees in con-
nection therewith.
21172. This division shall not apply to any project undertaken,
carried out or approved by a public agency to maintain, repair, re-
store, demolish or replace property or facilities damaged or
destroyed as a result of a disaster in a disaster stricken area in
which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division 1,
Title 2 of the Government Code.
21172. 5. Until the 121st day after the effective date of this section
any objectives, criteria and procedures adopted by public agencies in
compliance with this division shall govern the evaluation of projects
defined in subdivisions (a) and (b) of Section 21065 and the preparation
of environmental impact reports on such projects when required by
this division.
Any environmental impact report which has been completed or on
which substantial work has been performed on or before the 121st
day after the effective date of this section, if otherwise legally
206
-------
sufficient, shall, when completed, be deemed to be in compliance
with this division and no further environmental impact report shall
be required except as provided in Section 21166.
21173. If any provision of this division or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of this division which can
be given effect without the invalid provision or application thereof,
and to this end the provisions of this division are sever able.
21174. No provision of this division is a limitation or restriction
on the power or authority of any public, agency in the enforcement or
administration of any provision of law which it is specifically permit-
ted or required to enforce or administer including, but not limited to,
the powers and authority granted to the California Coastal Zone Con-
servation Commission or any regional coastal zone conservation com-
mission pursuant to Division 18 (commencing with Section 27000) of
the Public Resources Code. To the extent of any inconsistency or
conflict between the provisions of the California Coastal Zone Conser-
vation Act of 1972, Division 18 (commencing with Section 27000) of
the Public Resources Code, and the provisions of this division, the
provisions of Division 18 (commencing with Section 27000) of the
Public Resources Code shall control.
207
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APPENDIX J
I. Determination of compliance with emission limits (State of
Texas). In most cases downwind samples will suffice;
however, if the sampled properties are suspected of being
influenced by an upwind source of H^S, then both upwind and
downwind samples will be taken. The concentration of H2S in
the "downwind sample" less the concentration in the "upwind
sample" shall be used in determining whether the emissions
from the property comply with the requirements of Rule 203
of this Regulation. Calculated maximum allowable emission
rates or ground level concentrations which are obtained by
the Method in Section II below may be used in determining
whether a property is in compliance with the emission limits
specified.
II. Calculations of H2S Concentrations from Stack Samples and
Measurements. The maximum allowable H2S emission rate which
may be made from a stack on a property to comply with the
emission limit set forth in Rule 203 of this Regulation
may be calculated by Sutton's equation which has been
modified to consider the critical wind speed and to correspond
to a 30 minute air sample. Additional credit on stack
emissions can be obtained if the distance from the stack to
the property line is greater than thirty (30) stack heights.
Those properties with greater than 30 stack heights to the
property line should contact the Executive Director to
obtain the proper correction factor.
A. For exit stack gas for temperatures of less than 125°F.
1. Rule 203.1. The I^S ambient air level is 0.08 ppm for
30 minutes.
Qa = 8 x 10"4 V d 2
1.29
CD
208
-------
where:
Qa = emission rate, Ibs/hr
Vs = stack exit velocity, ft/sec.
ds = exit stack diameter, ft.
ns = physical stack height, ft.
To plot Graph II, assume a basic stack height of 100 ft,
and plot
Tool
1.29
for various stack diameters versus
stack velocity.
2. Rule 203.2. The H2S ambient air level of 0.12 ppm for
30 minutes.
Qa - 12 x ID'4 Vs ds2
1.29
(2)
Symbols same as in equation (1) above.
B. For exit stack gas for temperatures greater than 125 F.
1. Rule 203.1. The H^S ambient air level is 0.08 ppm for
30 minutes.
Qo = 1.68 x 10
OL
-3
V d
s s
1.5 + 0.82 / AT\
Vs)
(3)
Where:
Qa = emission rate, Ibs/hr
Vg = stack exit velocity, ft/sec.
d = exit stack diameter, ft.
AT = temperature difference between stack gas and the
outdoor atmosphere in °Rankine. An outdoor
temperature of 90°F. (550°R) is assumed in
preparing dispersion graphs.
Ts = stack exit temperature in °Rankine.
To plot Graph III assume a basic stack height of 100
ft. and an exit velocity of 20 ft/sec. Let stack gas
temperature vary with stack diameter.
209
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2. Rule 203.2. The H2S ambient air level is 0.12 ppm for
30 minutes.
0 = 2.52 x 10"3 V d
3 S S
1.5 + 0.82/AT\ d
AT\
S
hc (4)
s
Symobls same as used in equation (3).
Example 1 (Temperature of stack gas less than 125°F.)
How many Ibs/hr of I^S can be discharged from a 200 ft.
stack having a 4 ft exit diameter (ID) and a 30 ft/sec
exit gas velocity? The stack gases temperature is
100°F and the distance to property line is 3000 ft.
Emissions under Rule 203.1.
Solution
1. The ratio of stack diameter to 100 ft. is 4 = 0.04
100
2. Enter ordinate of Graph II with 0.04; go horizontally
to intersection of 30 ft/sec, velocity curve. At the
intersection read on the abscissa 24 Ibs/hr on
(Rule 203.1) scale. This is the permitted value for a
100 ft. stack.
3. Correct emissions for a 200 ft. stack. Enter Graph I at
200 ft and obtain correction factor of 2.3. Thus the
emissions become 24 x 2.3 = 55 Ibs/hr.
Note: Less than 30 stack heights to property line - no
credit.
Example 2 (Temperature of stack gas greater than 125°F.)
How many Ibs/hr of H2S can be discharged from a 200
ft. stack having a 4 ft exit diameter (ID) and a 30
ft/sec exit gas velocity? The temperature of the exit
gases is 400 F. Emissions under Rule 203.1.
Solution
1. Enter ordinate of Graph III with 400; go horizontally
to intersection of 4 ft. diameter, read on the abscissa
on Rule 203.1 scale 36 Ibs/hr emission. This is
permitted value for 100 ft stack and exit velocity of
20 ft/sec.
2. Correct for stack height of 200 ft. This is direct
ratio and becomes 200' = 2. The emission now becomes
TOO1"
36 x 2 = 72 Ibs/hr.
210
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3. Correct for stack exit velocity of 30 ft/sec. This is
a direct ratio and becomes 30 = 1.5. The allowed
20
emission now becomes 72 x 1.5 = 108 Ibs/hr.
Note: Less than 30 stack heights to property line - no
credit.
211
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APPENDIX K
California NPDES Procedures
TITLE 23 STATE WATER RESOURCES CONTROL BOARD
(Register 75, No. 39—9-27-75)
78.13
SUBCHAPTER 9.
Article
1. Fees
2. Procedures for Filing Reports
3. Material Changes in Waste
Discharges
WASTE DISCHARGE REPORTS AND REQUIREMENTS
Article
4. Monitoring Program Reports, Time
Schedules, and Technical Reports
5. Waste Discharges from Point
Sources to the Navigable Waters
Detailed Analysis
Fees
Section
2201. Minor Discharges
Procedures for Filing Reports
Section
2207. Criteria for Filing Reports
Article 1.
Section
2200. Filing Fee Schedule
Article 2.
Section
2205. Preliminary Procedures
2206. Effective Filing Date
Article 3. Material Changes in Waste Discharges
Section
2210. Definition of a Material Change
Article 4. Monitoring Program Reports, Time Schedules, and Technical Reports
Section Section
2230. Monitoring Program Reports 2232. Technical Reports
2231. Time Schedules 2232.1. Certification of Supervisors and
Operators of Municipal Waste-
water Treatment Plants
Article 5. Waste Discharges from Point Sources to
Navigable Waters
Section
Section
2235. Definitions
2235.1. Filing a Report of Waste
Discharge
2235.2. Transmission of Data to EPA
and Time for Comment on
Completeness
2235.3. Regional Board Staff Proce-
dures for Determining if a Re-
port of Waste Discharge is
Complete
2235.4. Regional Board Processing of
Completed Reports of Waste
Discharge
2235.5. Formulation of Waste Dis-
charge Requirements
2235.6. Other Terms and Conditions to
be Included in Waste Dis-
charge Requirements
2235.7.
2235.9.
Duration of Waste Discharge
Requirements
Transmission to Regional Ad-
ministrator of Adopted Waste
Discharge Requirements
2235.10. Reissuance of Requirements
2235.11. Monitoring
2235.12. Recording
2235.13. Reporting
2235.14. Technical Reports
2235.15. Compliance Determination
2235.16. Staff Procedures for Prepara-
tion and Presentation of the
Agenda
2235.17. Emergency Notification of Re-
gional Administrator
2235.18. Disposal of Pollutants into
Wells
2235.19. Disposal of Sewage Sludge
Article 1. Fees
2200. Filing Fee Schedule. Each report of a waste discharge
or of a material change in a waste discharge filed with a regional
water quality control board pursuant to Section 13260 of the Water
Code shall be accompanied by a filing fee in accordance with the fol-
lowing schedule:
Note: Filing fee will be returned if filing of report of waste discharge is
waived pursuant to Water Code Section 13269.
No credit will be given for filing fees paid for previously submitted
reports of waste discharge for which waste discharge requirements
and/or NPDES permits have been issued.
Fees are to be calculated on the basis of the total flow, volume,
number of animals, or area involved.
212
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78.14
WATERS TITLE 23
(Register 75, No. 39—9-27-75)
Type of Waste Discharge and Description
Units
Fees'
Less
than
0.01 mgd
Domestic and Municipal:
Sewage or mixture of predominantly sewage and
other wastes from districts, municipalities, com-
munities, hospitals, schools and publicly or pri-
vately owned systems (excluding individual sub-
surface leaching systems disposing of lesa than
1,000 gallons per day).
mgd—•
design
flow
$100
From
0.01 mgd
to 3.00
mgd
$ = 301
XQ
+ 97«
Greater
than
3.00
mgd
$1,000
Less
than
0.10 mgd
0.10 mgd
to
1.00 mgd
Greater
than
1.00 mgd
Industrial:
Liquid or eemisolid wastes from any servicing,
producing, manufacturing, or processing opera-
tion of whatever nature, including mining, gravel
washing, geothermal operations, fish hatcheries,
air conditioning, ship building and repairing, oil
production, storage and disposal operations,
water-well pumping.
cngd—*
design
flow or
maximum
rate of
discharge
$100
$1,000 X
flow in
mgd
$1,000
Flow not susceptible
to measurement or
estimate
$250
Earthen Materials:
Wastes containing earthen materials including
soil, clay, silt, and sand from any soil disturbing
activity such as grading and movement of earth,
road construction and development, logging
operations and dry quarrying.
Acres—
area in
which soil
will be
disturbed
than
10 acres
10-SOO
acres
$20
$2/acre
Greater
than
500 acres
$1,000
Drilling and Exploratory Mining Operations:
Radius of
operation
$25 for all exploratory operations
within a zone having a radius
of one mile or less. $50 for all
operations within a zone hav-
ing a radius greater than one
mile.
Solid Waste Disposal:
Class I Site:
No limitations as to nature of waste handled.
All
quantities
$1,000
Under
25,000
cubic
yards
Class IJ Site:
Ordinary household and commercial refuse anc
other decomposable organic material.
Design
volume of
site in
cubic yards
$200
25,000-
500,000
cubic
yards
$200 =
(1.6X
thousands
of cubic
yards)
Over
500,000
cubic
yards
$1,000
213
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TITLE 98 STATB WATBB RESOTJBCHB CONTROL BOABD 78.144.
(Register 75, No. 4—1-26-75)
Type of Wait* Discharge nod Description
dan III Silt:
Nonwater soluble, nondeeomposable inert solids.
Dredging:
Dradglnf operation* with >poil> disposal, such
as navigational dredging, marina development
and stream bed modification.
Product dredging operation*, such a* aand,
gravel or mineral removal.
4nimoi Confinement:
Flow-thru drinking trough* with no proceea
waate water.
ProoeM waitm from confined holding or feeding
areas:
Slaughter and feeder cattle
Dairy
Bwlne
Unite
Flat fee
Quantity
of materi-
al to be
dredged
Maximum
daily pro-
duction
rate
Few'
$100
Under
25,000
cubic
yard*
*100
Under
K*) tons
day
»100
26,000-
600,000
cubic
yard.
$100 +
(1.8 X
thousand*
of cubic
yard*)
600-
5,000
tons day
$0.20 X
(tons
day)
Over
500,000
oubio
yard*
$1,000
Over
5,000
ton* day
«
$1,000
Flat fee
$25
No. of head
(design
capacity)
No. of head
(design
capacity)
No. of head
(design
capacity)
Less than
200 head
tso
Lets than
126 head
$50
Leas than
500 head
$60
200 to
4,000 head
tO.26/
head
125 to
2,500 head
$0.40/
head
500 to
10,000
head
*fl.lO/
head
More than
4.000 head
$1,000
More than
2.500 held
$1.000
More than
10,000
head
U.OOO
214
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78.14.2
TITLE 2ft
-25-75)
IVpB of Wart* Diecharge- and Description
-
Unit*
No. of head
(design
capacity)
Fee*'
Lew than
2,000
head
*60
2,000 to
40,000
bead
I0.025/
head
More than
40,000
head
*1,000
Corrtrfnatioa
Cattle (No. head) X (0.25/head) -
Dairy (No. head) X (0.40/head) -
Swine (No. bead) X (0.10/head) -
Sheep (No. head) X (0.085/head) =«
Total
Turkey,
Laying Hen* and Broilers (continuous Sow
watering)
Laying Hens and Broilers (liquid manure han-
dttoK^
Dwto
Irrigation Rttm Waltn:
No. of birds
(design
capacity)
No. of birds
(design
capacity)
No. ol birds
(design
capacity)
No. of birds
(design
capacity)
Less than
10,000
birds
$50
Less than
20,000
birds
(SO
Less than
5,000
birds
ISO
Less than
1,000
birds
ISO
Flat fee
10,000 to
200,000
birds
J0.005/
bird
20,000 to
400,000
birds
S0.0025/
bird
5,000 to
100,000
birds
*0.01/
bird
1,000 to
20,000
birds
I0.05/
bird
Mbrethan
200,006
birds
11, 000
More than
400,000
birds
11,000
More than
100.000
birds
$1,000
More than
20.000
birds
$1.000
S25
' Fees arc roaaded off to tin wans* dollsi.
* mga -miJlioD (albas per day.
: Authority cited fin- Snhehmpter 9: Seetiow 185 and 18260 (d), Water
CM*. BMennee: Article 4 (commwicinr with: { 18280) of Chap. 4 of Div. 7,
TOfcttrGode.
JKtlwy: 1. New Snbehmpter 9 (Seeti«m.r 2200, 2206 through 2207 and 2210)
filed 12-5-6&1 etectlv* thirtieth day thereafter (Register 60, No.
49r):.
2. Amendmwrt filed 7-2.7T; effective thirtieth day thereafter (Reg-
ister 71, No. 2T) .
3. Editorial correction (Register 72, No. 41).
4. Amendrnput Hied 5-22-74 ; effective thirtieth day thereafter (Reg-
ister 74, JS'o. 21).
?>. AmPiulinerit filpd 10-81-74; offi-trtive thirtieth day therenfter (Reg-
istfr 74, No. 44).
C. Amendment fil<*d 1-24-75 IIN jinx'cdnral and or«nnizationn! ; effec-
tive upon filing (Itcgixter 75, No. 4).
215
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TITLE 23 STATE WATEB RESOUBCSS CONTROL BOABD 78.148
(Register 75, No.21—5-24-75)
2201. Minor Discharges. Notwithstanding any other section in
this subchapter, dischargers who discharge no more than 50,000 gallons
per calendar day of cooling water, water well start-up water or other
water which contains only insignificant amounts of pollutants and no
toxic materials, will be subject to a $25.00 filing fee and reports of self-
monitoring may be submitted on an annual basis or at a frequency
which is reasonable as determined by the Regional Board.
NOTE: Authority cited: Sections 1058 and 13260(d), Water Code. Reference:
Chapter 4, Article 4 (commencing with Section 13280) of Division 7» Water Code.
Hittory: 1. New section filed 7-25-74 as an emergency; effective upon filing
(Register 74, No. 30).
2. Certificate of Compliance filed 11-22-74 (Register 74, No. 47).
Artfele 2. Procedures for Filing Reports
2205. Preliminary Procedures. Each waste discharge report to-
gether with the required filing fee shall be submitted to the appropriate
regional board on a form supplied by the bo«trd. The report shall con-
tain all the available information required by the form and shall be
sworn to or submitted under penalty of perjury. The board wttl
promptly notify the sender of any additional information that is
needed and of any additional fee that is due. Pursuant to Section
13269 of the Water Code, the board may waive the filing of a report,
in which case it will notify the sender and return any fee that has
been paid.
2206. Effective Filing Date. When the discharger has submitted
all the information required by the regional board and the full fee
that is due, the report will be deemed filed within the meaning of
Section 13264 of the Water Code and for all other purposes. The dis-
charger will be notified to that effect.
2207. Criteria for Filing Reports. Separate reports shall be
filed for discharges to different disposal areas. One report may include
two or more discharges by the same person to the same disposal area
unless in the judgment of the regional board separate reports should
be filed.
Article 3. Material Changes in Waste Discharges
2210. Definition of a Material Change. A material change re-
quiring a revised waste discharge report may be any of the following;
(a) Addition of a major industrial waste discharge to a discharge
of essentially domestic sewage, or the addition of a new process or
product by an industrial facility resultg in a change in the character
of the waste.
(b) Significant change in disposal method, e.£,., uliang? from a
land disposal to a direct discharge to water, or change in the method of
treatment which would significantly alter the characteristics of the.
waste.
(c) Significant change in the disposal area, e.g., moving the dis-
charge to another drainage area, to a different water body, or to a
disposal area significantly removed from the original area potentially
causing different water quality or nuisance problems.
216
-------
?8.14.4 WATBBB TPTL1 23
(R«fll«ter 75, No.21—6-24-75)
(d) Increase in flow beyond that specified in the waste discharge
requirements.
(e) Increase in area or depth to be used for solid waste disposal
beyond that specified in the waste discharge requirements.
(f) Other circumstances which result in a material change in
character, amount or location of waste discharge.
Hittory: 1. Amendment filed 12-3-70; effective thirtieth day thereafter (Reg-
ister 70, No. 49).
Article 4. Solid Waste Disposal
Hittorv: 1. New Article 4 (Sections 2215 and 2216) filed 12-3-70; effective
thirtieth day thereafter (Register 70, No. 4ft).
2. Repealer of Article 4 (Sections 2215 and 2216) filed 3-10-72;
effective thirtieth day thereafter (Register 72, No. 11).
Article 4. Monitoring Program Eeports, Time
Schedules, and Technical Reports
2230. Monitoring Program Reports, (a) For flows up to 0.25
million gallons per day and for solid waste disposal sites with a rate of
discharge up to 200 tons per day, monitoring reports shall be required
at least quarterly.
(b) For flows of 0.25 million gallons per day and greater and for
solid waste disposal sites with a rate of discharge greater than 200 tons
per day, monitoring reports should be submitted at least monthly.
(c) Parameters should include all those specified in the require-
ments.
(d) Intensive monitoring shall be required where concentrations
of substances critical to downstream beneficial uses can be expected to
vary greatly.
(e) Bach discharger with a monitoring program should be re-
quired to submit an annual report by January 30 summarizing the
monitoring data for the previous year.
(f) Water quality analysis shall be required to be performed in
accordance with the latest edition of "Guidelines Establishing Test
Procedures for Analysis of Pollutants", promulgated by the United
States Environmental Protection Agency.
(g) Chemical, bacteriological, and bioassay analyses shall be re-
quired to be conducted at a laboratory certified for such analyses by
the State Department of Health. In the event a certified laboratory
is not available to the discharger, the executive officer may accept
analyses performed by a noncertified laboratory for a two-year period
subsequent to the adoption of these regulations provided that the
laboratory has applied for certification.
NOTE: Authority cited: Section 185, Water Code. Reference: Chapters 4, 5
and 8 of Division 7, Water Code.
Hittory: 1. New Article 5 (§| 2230, 2231 and 2232) filed 12-3-70; effective
thirtieth day thereafter (Register 70, No. 49).
2. Renumbering of Article 5 to 4 filed 3-10-72; effective thirtieth
day thereafter (Register 72, No. 11).
3. Amendment of subsections (f) and (g) filed 5-22-75, effective
thirtieth day thereafter (Register 75, No. 21).
217
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TITLE 23 STATE WATER RESOURCES CONTROL BOARD 78.14.5
(Register 75, No. 39—9-27-75)
2231. Time Schedules, (a) Time schedules should be included
in requirements for existing discharges when it appears that the dis-
charger cannot immediately meet the requirements.
(b) Time schedules shall not permit any unnecessary time lag, and
periodic status reports should be required.
(c) Time schedules should include only dates for complete design,
complete financial arrangements, start of construction, 50 percent com-
pletion of work, and full compliance with requirements.
(d) Time schedules should be periodically reviewed and should be
updated, when necessary, to assure the most rapid compliance.
2232. Technical Reports, (a) When the flow volume of a do-
mestic discharge, subject to a self-monitoring program, from a commu-
nity reaches 75 percent of that for which the requirements are set, the
discharger shall be required to submit a technical report showing how
volumes of effluent in excess of that for which the requirements are
established will be treated and disposed of, or how flow volumes will be
prevented from increasing beyond that permitted by the requirements.
(b) A technical report should be required when any parameter in
the requirements is threatened to be violated by additional loadings.
History: 1. Repealer of subsection (c) filed 3-10-72; effective thirtieth day
thereafter (Register 72, No. 11).
2232 1. Certification of Supervisors and Operators of Municipal
Wastewater Treatment Plants. A condition shall be included in
waste discharge requirements for a publicly owned wastewater treat-
ment plant requiring that supervisors and operators of said plant shall
possess a certificate of appropriate grade in accordance with regula-
tions adopted by the state board.
NOTE: Authority cited: Section 1058. Water Code. Reference: Chapter 9
(commencing with Section 13625 of Division 7), Water Code.
History: 1. New section filed 9-24-75; effective thirtieth day thereafter (Reg-
ister 75, No. 39).
Article 5. Waste Discharges from Point Sources to
Navigable Waters
2235. Definitions. The following definitions shall apply to this
article:
(a) "Navigable waters" mean the waters of the United States,
including the territorial sea.
(b) "Report of waste discharge" is the equivalent of an applica-
tion for a National Pollutant Discharge Elimination System Permit
(NPDES).
(c) "Administrator" means the administrator of the Environ-
mental Protection Agency (EPA).
(d) "Regional administrator" means the regional administrator-
of Region IX of the EPA.
(e) "Minor discharge" means any discharge or discharges from a
single facility which (1) have a total volume of less than 50,000 gallons
on every day of the year, (2) do not affect the waters of any other state,
and (3) are not identified by the regional board executive officer, the
218
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78.14.6 WATERS TITLE 23
(Register 75, No. 39—9-27-75)
state board executive officer, the regional administrator, or by the ad-
ministrator in regulations pursuant to Section 307 (a) of the Federal
Water Pollution Control Act as a discharge which is not minor.
(f) "Pollutant" means dredged spoil, solid wastes, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and agri-
cultural waste discharged into navigable waters.
(g) "Point source" means any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tun-
nel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged.
NOTE: Authority cited: Section 105S, Water Code. Reference: Chap. 5.5
(commencing with Sec. 13370) of Div. 7, Water Code.
History: 1. New Article 5 (§§ 2235, 2235.1 through 2235.18) filed 2-5-73
as an emergency; effective upon filing (Register 73, No. 6).
2. Amendment of subsections (a) and (f) filed 4-6-73 as an emer-
gency; effective upon filing (Register 73, No. 14).
3. Certificate of Compliance filed 6-13-73 (Register 73, No. 24).
2235.1. Filing a Report of Waste Discharge, (a) Any person
presently discharging pollutants to navigable waters must file a report
of waste discharge with the appropriate regional board (1) within 45
days of a written request by the regional board or the state board or
(2) by April 16,1973, whichever is sooner.
(b) Any person proposing to commence a discharge of pollutants
after March 31,1973, must file a complete report of waste discharge (1)
no less than 180 days in advance of the date on which it is desired to
commence the discharge of pollutants or (2) in sufficient time prior to
commencement of the discharge of pollutants to insure compliance with
the requirements of Section 306 of the Federal Water Pollution Control
Act (P.L. 92-500) and any other applicable water quality standards,
effluent standards and limitations, or with any applicable zoning or
siting requirement established pursuant to Section 208 of the Federal
Water Pollution Control Act.
(c) The requirement for a report of waste discharge will be satis-
fled if the discharger files:
(1) A complete Eefuse Act application filed pursuant to
33 U.S.C. 407, Executive Order No. 11574, 35 Federal Register
19627 (1970), or
(2) A complete NPDES application form which is appro-
priate for the type, category, or size of discharge, and
(3) Any additional information required by the regional
board executive officer.
(d) A new report shall be required 120 days prior to any of the
following:
(1) Addition of a major industrial waste discharge of es-
sentially .domestic sewage, or the addition of a new process or
product by an industrial facility resulting in a change in the
character of the waste.
219
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TITLE 23 STATE WATER RESOURCES CONTROL BOARD 78.14.6.1
(Register 74, No. 10—3-9-74)
(2) Significant change in disposal method (e.g., change
from a land disposal to a direct discharge to water, or change
in the method of treatment which would significantly alter the
characteristics of the waste).
(3) Significant change in the disposal area (e.g., moving
the discharge to another drainage area, to a different water
body, or to a disposal area significantly removed from the
original area potentially causing different water quality or
nuisance problems).
(4) Increase in flow beyond that specified in the waste
discharge requirements.
(5) Other circumstances which result in a material
change in character, amount or location of waste discharge.
(e) The report of waste discharge shall bear a certification of cor-
rectness to be signed:
(1) In the case of corporations, by a principal executive
officer at least of the level of vice president or his duly au-
thorized representative, if such representative is responsible
for the overall operation of the facility from which the dis-
charge originates.
(2) In the case of a partnership, by a general partner.
(3) In the ease of a sole proprietorship, by the pro-
prietor.
(4) In the case of a municipal, state, or other public fa-
cility, by either a principal executive officer, ranking elected
official, or other duly authorized employee.
(f) No waste discharge requirement will be adopted on the basis of
any Refuse Act or NPDES application which the regional administra-
tor has identified as incomplete or otherwise deficient until the regional
board executive officer receives sufficient information to correct any de-
ficiency.
History: 1. Amendment of subsection (h) filed 4-6-73 as an emergency; effec-
tive upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Renter 73, No. 24).
2235.2. Transmission of Data to EPA and Time for Comment on
Completeness, (a) The regional board executive officer shall, within
15 days of receipt of a report of waste discharge, transmit a copy of the
report of waste discharge to the regional administrator for a review of
completeness. (Note: This procedure shall not apply when the regional
administrator has waived, in writing, the receipt of any such reports.)
(b) The regional admirv••Irator sl.,,1: have 20 days to comment or
object in writing to ant deficiency in the report of wasf discharge.
2235.3. Regional Board Staff Procedures for Determining if a
Report of Waste Discharge Is Complete, (a) Upon receipt of a re-
port of waste discharge, the report is forwarded promptly to the re-
gional administrator and review by the regional board staff for com-
pleteness.
(b) The regional board executive officer shall not notify the dis-
charger of the status of the report of waste discharge until he has
received the comments of the regional administrator, unless waived or
the 20-day comment period has elapsed.
220
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78.14.6.2 WATERS TITLE 28
(Register 74, No. 10—3-9-74)
(c) If the report is incomplete, the regional board executive offi-
cer should request from the discharger such information as is required
to complete the report.
(d) No further administrative action shall be taken until a com-
plete report is filed.
(e) Any additional information received shall be forwarded
promptly by the regional board executive officer to the regional admin-
istrator.
(f) Once a report is deemed complete, a copy should be mailed
to the national data bank and an acknowledgment sent by the re-
gional board executive officer to the discharger.
2235.4. Regional Board Processing of Completed Reports of
Waste Discharge, (a) Formulation of tentative waste discharge re-
quirements, time schedules, monitoring; programs and other necessary
conditions.
(1) The regional board executive officer shall review the
report of waste discharge and any other relevant facts to de-
termine if waste discharge requirements should be issued or
the discharge should be prohibited.
(2) If issuing waste discharge requirements for a dis-
charge is not desirable, the regional board executive officer
shall prepare a staff report specifying the reasons why waste
discharge requirements should not be issued. This report
should be processed in the same manner as proposed waste
discharge requirements.
(3) If issuing waste discharge requirements is desirable,
the regional board executive officer shall formulate tentative
waste discharge requirements including:
(A) Proposed effluent limitations.
(B) Proposed time schedule for compliance includ-
ing any necessary interim dates. ,
(C) Proposed special conditions.
(D) Proposed monitoring program.
(b) Public notice of report of waste discharge.
(1) After formulation of tentative waste discharge re-
quirements, a public notice of report of wa'ste discharge shall
be prepared by the regional board executive officer.
(2) A copy of the notice shall be mailed by the regional
board executive officer to the discharger with instructions for
circulation of the notice within the geographical areas of the
proposed discharge. Such instructions for circulation of the
notice shall require any or all of the following:
(A) Posting in the post office and public places of
the municipality nearest the premises of the discharger
in which the effluent source is located. ;
(B) Posting near the entrance to the discharger s
premises and in nearby places.
(C) Publication in local newspapers or in a daily
newspaper of general circulation. For major or contro-
versial discharges, the notice shall be published at least
five consecutive days.
221
-------
TITLE 23 STATE WATER KESOURCES CONTROL BOARD 78.14.6.3
(Register 73, No. 14—4-7-73)
Proof of posting and/or publication of the notice shall be sub-
mitted to the regional board executive officer within 15 days of the
posting or of the publication if the notice was published. Such proof
shall be by affidavit of the publisher or foreman of the newspaper or
of the person who posted the notice.
(3) The notice shall be mailed by the regional board
executive officer to persons known to be interested, persons
requesting such notice, and interested governmental agencies.
(4) The notice shall allow not less than 30 days for com-
ment.
(5) All comments received regarding the public notice
shall be filed permanently with the regional board and given
full and appropriate consideration in making any final deci-
sion.
(c) Fact sheets.
(1) For every discharge which has a total volume of
more than 500,000 gallons on any day of the year, before
publication of notice the regional board executive officer shall
prepare a fact sheet concerning the proposed discharge. The
fact sheet shall contain the followii".* information:
(A) A sketch or detailed description of the location
of the discharge.
(B i The rate and frequency of the proposed dis-
charge.
(C) For thermal discharges, the average summer
and winter temperature? in degrees Fahrenheit.
(D) The average daily discharge in pounds per day
of pollutants which are subject to limitations.
(E) A statement of the intent to issue waste dis-
charge requirements.
(F) A list of beneficial uses of the receiving waters.
(G) Summary of the applicable water quality stand-
ards and proposed effluent limitation.
(II) A notice of the time period for comment, the
person to whom comments should be addressed, and the
date of public hearing.
(2) At the time of issuance of a public notice of report
of waste discharge, the public notice together with any neces-
sary fact sheet and tentative waste discharge requirements
and proposed monitoring programs shall be transmitted to:
(A) Other states or interstate agencies having juris-
diction over waters which may be affected by issuance of
waste discharge requirements.
(B) The regional administrator of EPA.
(G) The district engineer, Army Corps of Engineers,
and any other interested "Ycleral agencies.
(D) m:ie State Departments of Fish and Game,
Health and Water Resources.
(E) The agency responsible for preparation of an
approved plan pursuant to Section 208(b) of the Fed-
eral Water Pollution Control Act.
(F) The state or interstate agency responsible for
preparation of a plan pursuant to an approved continu-
ous planning process under Section 303(e) of the Federal
Water Pollution Control Act.
222
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78.14.6.4 WATERS TITLE 23
(Register 73, No. 14—4-7-73)
(3) The public notice, fact sheet, and tentative waste
discharge requirements shall be provided to any other person
upon request.
(4) Upon request, the regional board executive officer
shall.add the name of any person or group to a mailing list
to receive copies of the public notice, fact sheets and tentative
waste discharge requirements.
(5) Upon request, any affected state or interstate agency
having jurisdiction over any surface water which may be
affected by issuance of waste discharge requirements shall be
supplied a copy of the report of waste discharge.
(6) Each affected state or interstate agency shall be af-
forded 30 days in which to submit written recommendations
to the regional board executive officer and to the regional
administrator. Should the regional board executive officer fail
to incorporate any written recommendation thus received, he
shall provide a written explanation of his decision to the af-
fected state and regional administrator.
(d) Public access to information.
(1) Tlie report of waste discharge, along with all other
pertinent material, not determined to be confidential, pertain-
ing to the discharge shall be available to the public for in-
spection and copying.
(2) The regional board executive officer shall provide
facilities for the inspection of information and shall make
arrangements with a copying service for the copying of infor-
mation. Any person requesting copies of any information
must contact the copying service directly and request the
service and inform the regional board executive officer of the
exact documents of which copies are requested.
(3) The regional board executive officer may protect any
information (other than effluent data) contained- in a report.
of waste discharge as confidential pursuant to the provisions
of the California Public Records Act. The regional board
executive officer shall request the concurrence of the regional
administrator in the classification of information contained in
a NPDES application form as confidential. If such concur-
renee is withheld the regional board executive officer shall
disclose the information upon request.
(4) Any information accorded confidential status shall
be disclosed'upon request to other state and federal agencies.
(e) Public hearings.
(1) The regional board shall adopt waste discharge re-
quirements only after notice and opportunity for public hear-
ing. Requirements unopposed may be placed on the board's
agenda under "consent items" and the board may adopt these
waste discharge requirements without discussion.
(2) Hearings will be held in a suitable location of con-
venient access in the geographical region of the discharge.
223
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TITLE 23 STATE WATER RESOURCES CONTROL BOARD 78.14.6.5
(Register 74, No. 14—4-6-74)
(f) Public notice of public hearings.
(1) The public notice of the public hearing shall be cir-
culated at least as widely as was the Notice of the Report of
Waste Discharge.
(2) Notice shall be published by the regional board
executive officer in at least one newspaper of general circula-
tion within the geographical area of the discharge.
(3) Notice shall be sent to all persons and public agen-
cies which received a copy of the notice or fact sheet for the
report of waste discharge.
(4) Notice shall be mailed to any person or group upon
request.
(5) Notice may be published at any time after the pub-
lication of a notice of report of waste discharge but at least
30 days in advance of the hearing.
(6) Notices for more than one hearing to be held at the
same time and place may be combined.
Hiitory: 1. Amendment filed 4-6-73 as an emergency; effective upon filing
(Register 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Register 73, No. 24).
3. Amendment of subsection (b) filed 3-8-74; effective thirtieth day
thereafter (Register 74, No. 10).
2235.5. Formulation of Waste Discharge Requirements, (a)
Prohibitions.
(1) No waste discharge requirements will be issued if:
(A) The discharge contains a radiological, chemi-
cal, or biological warfare agent or high level radioactive
waste.
(B) The secretary of the Army acting through the
chief of engineers finds the discharge would substantially
impair anchorage and navigation.
(C) The regional administrator has objected to is-
suance in writing.
(D) The discharge is in conflict with an approved
plan pursuant to Section 208(b) of the Federal Water
Pollution Control Act.
(b) Application of effluent standards and limitations, water qual-
ity standards and other requirements.
(1) All waste discharge requirements shall comply with
effluent limits adopted under Sections 301, 302, 306 and 307 of
the Federal Water Pollution Control Act and whenever appli-
cable, any more stringent limitation necessary to meet water
quality standard _ur prohibitions or comply with water qual-
ity control pla.jis. liskiMJs.h0'! under Division 7 ul' luc Califor-
nia Water Code, any other federal law or regulation, any plan
approved pursuant to Section 208(b) of the Federal Water
Pollution Control Act any effluent limitation designed to
achieve the requirements of Section 301 (b) of the Federal
Water Pollution Control Act. Prior to promulgation by the
administrator of applicable effluent standards and limitations
pursuant to Sections 301, 302, 306 and 307, waste discharge
requirements shall contain effluent limits and other conditions
224
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78.14.6.6 WATERS TITLE 23
(Register 74, No. 14—4-6-74)
necessary to carry out the provisions of the Federal Water
Pollution Control Act.
(2) If a toxic effluent standard is established pursuant
to Section 307 of the Federal Water Pollution Control Act
for a toxic pollutant which is present in a discharge and such
standard is more stringent than the current waste discharge
requirement, the waste discharge requirements shall be re-
vised in accordance with such toxic effluent standard.
(3) If the waste discharge requirements contain an
effluent limitation for a parameter more stringent than the
applicable effluent limitation for the parameter developed pur-
suant to Sections 301, 302, 306 and 307 of the Federal Water
Pollution Act, a waste loading allocation must be prepared to
insure that the discharge authorized is consistent with appli-
cable water quality standards.
(4) Effluent limitations shall specify the average and
maximum allowable mass emission of pollutants in terms of
pounds per day or, if not appropriate, in another technically
correct and precise manner.
(5) Time schedules.
(A) Waste discharge requirements also shall include
a compliance time schedule for any discharge which is
not in full compliance with all proposed effluent limita-
tions and other requirements.
(B) The time schedule shall be in accordance with
any legally applicable schedule of compliance contained
in:
1. Applicable effluent standards and limitations;
or,
2. If more stringent, water quality standards;
or,
3. If more stringent, legally applicable plan or
policy; or,
4. In the absence of any legally applicable sched-
ule of compliance, in the shortest reasonable time
period, such period not to extend beyond July 1,
1977.
(C) If a time schedule exceeds nine months, one or
more interim reporting dates shall be required; in no
event shall more than nine months elapse between in-
terim dates contained in a time schedule.
(D) Either before or up to 14 days following each
interim date the discharger shall be required to provide
the regional board executive officer with a written notice
of progress toward compliance with interim or final re-
porting tasks.
(E) The regional board may suspend or revoke any
waste discharge requirement for failure to comply with
all provisions of an applicable time schedule.
(F) On the last day of the months of February,
May, August, and November, the regional board exccu-
225
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TITLE 23 STATE WATER RESOURCES CONTROL BOARD 78.14.6.7
(Register 76, No. 39—9-27-75)
tive officer shall transmit to the regional administrator,
with a copy to the state board, a list of all instances, as of
30 days prior to the date of such report, of failure or re-
fusal of a permittee to comply with interim or final re-
quirements or to notify the regional board of compliance
or noncompliance with each interim or final requirement.
Such list shall be available to the public for inspection
and copying and shall contain at least the following in-
formation with respect to each instance of noncompliance.
1". Name and address of each noncomplying per-
mittee :
2. A short description of each instance of non-
compliance (e.g., failure to submit preliminary
plans, two-week delay in commencement of construc-
tion of treatment facility, failure to notify regional
board of compliance with interim requirements to
complete construction by June 30, etc.);
3. A short description of any actions or pro-
posed actions by the permittee or the regional board
executive officer to comply or enforce compliance
with the interim or final requirements; and
4. Any details which tend to explain or miti-
gate an instance of noncompliance with an interim
or final requirement (e.g., construction delayed due
to materials delay, strike).
(G) The regional board may, upon request of the
discharger, modify or revise a schedule of compliance if
good and valid cause exists for such revision and if
within 30 days following receipt of notice from the
regional board, the regional administrator does not object
in writing. All revisions or modifications made during the
period ending 30 days prior to the date of transmission of
the list prepared under (F) above shall be included in
such list.
History: I. Amendment of subsections (b) (1) and (b) (5) (H) filed 4-6-73
as an emergency; effective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Register 73, No. 24).
3. Amendment of subsection (b) (5) filed 4-4-74 as procedural and
organizational; effective upon filing (Register 74, No. 14).
2235.6. Other Terms and Conditions to be Included in Waste
Discharge Requirements, (a) Any waste discharge requirements for
a publicly owned treatment facility shall be conditioned upon the oper-
ating agency notifying the regional board of (1) new introduction into
such works of pollutants from a source which would be a new source as
defined in Section 306 of the Federal Water Pollution Control Act if
such source were discharging pollutants to the navigable waters of the
United States, (2) new introductions of pollutants into such works
from a source which would be subject to Section 301 of the Federal
Water Pollution Control Act if it were discharging such pollutants to
the navigable waters of the United States, (3) a substantial change in
the volume or character of pollutants being introduced into such works
by a source introducing pollutants into such works at the time the
waste discharge requirements were adopted. Notice shall include a de-
226
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78.14.6.8 WATERS TITLE 23
(Register 75, No, 39—9-27-75)
scription of the quantity and quality of pollutants and the impact of
such change on the quantity and quality of effluent from such publicly
owned treatment works. A substantial change in volume is considered
an increase of ten percent in the mean dry weather flow rate. The dis-
charger shall be directed to forward a copy of such notice directly to
the regional administrator.
(b) A condition shall be included for a discharge from a publicly
owned treatment works to comply with Sections 204(b), 307 and 308
of the Federal Water Pollution Control Act. The operator of the pub-
licly owned treatment works shall require each industrial user to sub-
mit periodic notice (over intervals not to exceed nine months) of prog-
ress toward compliance with Section 307 requirements. The operator of
the public treatment works shall be required to forward a copy of such
notice to the regional board and the regional administrator.
(c) All discharges authorized by waste discharge requirements
shall be consistent with the terms and conditions contained in such re-
quirements. The discharge of any pollutant more frequently than or in
excess of that identified and authorized by the requirements shall con-
stitute a violation of the terms and conditions of the requirements.
(d) A condition shall be included to insure that the discharger
shall maintain in good working order and operate as efficiently as pos-
sible any facility or control system installed by the discharger to
achieve compliance with the waste discharge requirements.
(e) A condition shall be included in waste discharge requirements
for a publicly owned wastewater treatment plant requiring that super-
visors and operators of said plant shall possess a certificate of appro-
priate grade in accordance with regulations adopted by the state board.
History: 1. Amendment of subsection (c) filed 4-6-73 as an emergency; ef-
fective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Register 73, No. 24).
3. New subsection (e) filed 9-24-75; effective thirtieth day thereafter
(Register 75, No. 39).
2235.7. Duration of Waste Discharge Requirements, (a) Waste
discharge requirements shall be adopted for a fixed term not to exceed
five years,
(b) Waste discharge requirements may.be terminated or modified
upon a finding by a regional board or the state board that (1) any con-
dition contained in the requirements has been violated, (2) a require-
ment has been, obtained by misrepresentation or failure to disclose
fully all relevant facts, (3) there has been a change in any condition
that requires a temporary or permanent reduction or elimination of the
discharge, or for other good cause shown.
History: 1. Amendment of subsection (b) filed 8-23-74 as procedural and
organizational; effective upon filing (Register 74, No. 34).
2235.8. Transmission to Regional Administrator of Proposed
Waste Discharge Requirements.
Hiitory: 1. Repealer filed 4-6-73 as an emergency; effective upon filing (Reg-
ister 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Register 73, No. 24).
2235.9. Transmission to Regional Administrator of Adopted
Waste Discharge Requirements. Upon adoption of any waste dis-
charge requirements, the regional board executive officer shall, within
30 days, forward to the regional administrator a copy of such require-
ments.
227
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TITLE 23 STATE WATER RESOURCES CONTROL BOABD 78.14.6.9
(Register 75, No.21—5-24-75)
2235.10. Reissuance of Requirements, (a) At least 180 days
prior to expiration of waste discharge requirements, a discharger wish-
ing to continue a discharge shall file a new report of waste discharge,
as required by the appropriate regional board. Requirements will not
be reissued unless (1) the discharger is in comp'iance with or has
substantially complied with all the terms, conditions, requirements
and schedules of compliance contained in the existing waste discharge
requirements, (2) the discharger files a new report of waste discharge
and other necessary data as required by the regional board, and (3) the
discharge is consistent with applicable effluent standards and limita-
tions and water quality standards or prohibitions.
(b) The notice and hearing procedure for reissuance shall be the
same as for the issuance of new requirements.
(c) Notwithstanding any other provision in this article, any point
source the construction of which is commenced after the date of en-
actment of the Federal Water Pollution Control Act Amendments of
1972 (October 18, 1972) and which is so constructed as to meet all
applicable standards of performance shall not be subject to any more
stringent standard of performance during a 10-year period beginning
on the date of completion of such construction or during the period
of depreciation or amortization of such facility for the purposes of
Section 167 or 169 (or both) of the internal Revenue Code of 1954,
Whichever period ends first.
History: 1. Amendment of subsection (c) filed 4-6-73 as an emergency; ef-
fective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-16-73 (Register 73, No. 24).
2235.11. Monitoring, (a) An appropriate monitoring program
shall be included in all orders containing waste discharge requirements.
The program may require the discharger to install, Use and maintain,
at his expense, adequate monitoring equipment or methods (including*
where appropriate, biological monitoring methods).
(b) Draft monitoring programs shall be forwarded to all inter-r
ested persons with the tentative waste discharge requirements for re-
view and comment,
(e) Any discharge which (1) is not a minor discharge, (2) the
regional administrator requests in writing to be monitored, or (3) con-
tains toxic pollutants for which an effluent standard has been estab-
lished under Section 307(a) of the Federal Water Pollution Control
Act shall be monitored by the discharger for at least the following:
(1) Flow (in gallons per day) and
(2) Pollutants which are subject to reduction or elimina-
tion under the reo'.Irements, pollutants which could have a
significant impact on the quality of the receiving raters, and
pollutants specified by the regional administrator.
(d) Each effluent flow or pollutant shall be monitored at intervals
sufficiently frequent to yield data which reasonably characterize the
nature of the discharge. Variable effluent flows and constituent levels
shall be monitored at more frequent intervals.
Hittory: 1. Amendment of subsection (b) filed 4-6-73 as an emergency; ef-
fective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-18-78 (Register 73, No. 24).
2235.12. Recording, (a) The discharger shall record the re?
sujts of all monitoring and shall include for all samples:
228
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78.14.6.10 WATEBS TITLE 23
(Register 75, No. 21—6-24-7$)
(1) The date, exact place, time of sampling, and who took
the sample.
(2) The dates analyses were performed and who per-
formed the analyses.
(3) Analytical techniques/methods used.
(4) The results of such analyses.
(b) The discharger ahall be required to retain for a minimum of
three years any records of monitoring activities and results including
all original strip chart recordings and calibration and maintenance
records. The period of retention shall be extended during the course
of any unresolved administrative enforcement action or litigation re-
garding the discharge of pollutants by the discharger when requested
by the regional board executive officer or the regional administrator.
2230.13. Reporting, (a) Monitoring results shall be reported
on the proper NPDBS reporting form and any necessary form required
by the regional board.
(b1 The discharger ahall be directed to forward a copy of his mon-
itoring data on the proper NPDES form directly to the regional adminT
istrator.
(c) For flows up to 0.25 million gallons per day, monitoring re-
ports should be submitted at least quarterly. For flows of 0.25 million
gallons per day and greater, monitoring reports should be submitted at
least monthly.
(d) Monitoring requirements shall include any national monitor-
ing and recording requirements specified in federal regulations.
le) Each discharger with a monitoring program must be re-
quired to submit an annual report by January 30, summarizing the.
monitoring data for the previous year.
(f) Chemical, bacteriological, and bioassay analyses shall be re-
quired to be conducted at a laboratory certified for such analyses by
the State Department of Health. In the event a certificated laboratory
is not available to the discharger, the executive officer may accept
analyses performed by a noncertified laboratory for a two-year period
subsequent to the adoption of these regulations provided that the
laboratory has applied for certification.
(g) Monitoring reports shall be signed by:
(1) In the case of corporations, by a principal executive
officer at least of the level of vice president or his duly au-
thorized representative, if such representative is responsible
for the overall operation of the facility from which the dis-
charge originates.
(2) In the case of a partnership, by a general partner.
(3) In the case of a sole proprietorship, by the proprie-
tor.
(4) In the case of a municipal, state or other public fa-
cility, by either a principal executive officer, ranking elected
official, or other duly authorized employee.
Hiftory: 1. Amendment of subsection (f) filed 5-22-75; effective thirtieth day
thereafter (Register 75, No. 21).
2235.14. Teehiical Beports. (a) When the flow volume of a
domestic discharge from a publicly owned treatment facility reaches
75 percent of that for which the requirements are set, the discharger
shall be required to submit a technical report showing how volumes of
229
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TITLE 23 STATE WATER RESOURCES CONTROL BOARD 78.14.6.11
(Register 73, No. 24—6-16-73)
effluent, ill excess of th;it for which the requirements ;>re established will
be treated and disposed of, or bow flow volumes will be prevented from
increasing beyond that permitted by the requirements.
(b) A technical report should be required when any parameter in
the requirements is threatened to be violated by additional loadings.
2235.15. Compliance Determination. Each regional board shall
develop a schedule for inspection of all waste dischargers within the
region to determine compliance with waste discharge requirements.
Each discharge shall be inspected for compliance with discharge re-
quirements at least annually.
2235.16. Staff Procedures for Preparation and Presentation of
the Agenda, (a) The agenda item relating to adoption of tentative
waste discharge requirements shall consist of a regional board execu-
tive officer summary report, fact sheet, tentative requirements (includ-
ing time schedules), a monitoring program and any other necessary
conditions.
(b) The regional board executive officer summary report should
not in general exceed one page and shall discuss the salient features
and controversial aspects of the proposed discharge.
(c) For the more complex cases, a staff report may be included
following the regional board executive officer summary report.
(d) Correspondence from interested persons should not be in-
eluded in the agenda folder but should be briefly summarized in the
regional board executive officer summary report.
(e) Comments and recommendations of other governmental agen-
cies which are not directly related to water quality shall not be in-
corporated within the agenda material and shall be transmitted to the
discharger as a separate item, not part of the board order.
(f) The regional board executive officer or a member of his staff
will present the pertinent facts regarding the tentative requirements at
the board meeting.
(g) Senior professional staff should be present at meetings to
answer specific technical questions.
(h) After requirements are adopted, copies shall be transmitted
immediately to the discharger, each concerned agency, the state board,
and other interested persons upon request.
Ilixtori/: 1. Amendment of subsections (a) and (fl filed 4-0-73 as an emer-
gency; effective upon liling (Register 73. No. 141.
2. Certificate of Compliance filed 0-13-73 (Register 73, No. 24).
2235.17. Emergency Notification of Regional Administrator. In
the event, of an actual or threatened danger to the lii>;)!t!i or welfare
of persons resulting from the discharge of pollutants, the regional
board executive officer shall immediately notify by telephone the State
Water Resources Control Board executive officer who shall transmit
the information to the regional administrator.
2235.18. Disposal of Pollutants Into Wells, (a) Any proposal
to discharge pollutants into wells shall be reviewed in accordance with
Chapter 4 of Division 7 of the California Water Code and the pro-
cedures for implementation of Chapters 4 and 5 of that division.
230
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7&14.&12 WATERS
(Rcgwter 73, No. 2*-«-1»-73)
(b) If waste discharge requirements cannot be prescribed which
fully protect all beneficial uses of any subsurface water, the discharge
of pollutants into the subsurface water shall be prohibited.
(c) Appropriate monitoring of effluent, and subsurface waters
shall be required for each discharge of pollutants into wells.
2235,13. Disposal of Sewage Sludge, (a) In any case where
the disposal of sewage sludge resulting from the operation of treatment
wodss as defined in Section 212 of the Federal Water PoHulion Con-
trol Act, (including the removal of in-plnce sewage sludge from one
location and its deposit in another Ideation) would result in any pol-
lutant from such sewage sludge entering the navigable waters. Hu«.-h
disposal is prohibited except in accordance with waste discharge re-
quirements adopted by the stale hoard or a regional hoard and regula-
tions adopted by the administrator.
llittloi'y: 1. Nt'\v *<•<•! imi lili'd Mi-71! ;i> nn i-in III.
c «f <.'li:imv IUc«l (i-]i>-73 (HvKistor 7R, N». --1).
231
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APPENDIX L
NEW MEXICO
STREAM USE DESIGNATIONS AND STANDARDS
NOTE: These standards apply at all flows unless specified otherwise.
RIO GRANDE BASIN;
1. The main stem of the Rio Grande from the International Boundary and Water
Commission sampling station above American Dam at El Paso upstream to one
mile below Percha Dam.
Designated Uses - Irrigation; limited warmwater fishery; livestock and
wildlife watering; secondary contact recreation
NOTE: Sustained flow in this stretch is dependent on release from Caballo
Reservoir during the irrigation season; at other times of the year
there is little or no flow; standards apply only at flows above 350
cfs.
Standards:
In any single sample:
The dissolved oxygen shall be greater than 5.0 mg/1
pH shall be within the range of 6.6 to 8.8
Temperature shall not exceed 34 c (93.2 F)
The monthly logarithmic mean of fecal coliform bacteria shall be less
than 1,000/100 ml, and no more than 10% of the samples shall ex-
ceed 2,000/100 ml.
At mean monthly flows above 350 cfs, the monthly average concentration
for:
TDS shall be less than 2,000 mg/1
Sulfate shall be less than 500 mg/1
Chlorides shall be less than 400 mg/1
2. The main stem of the Rio Grande from one mile below Percha Dam upstream to
the headwaters of Caballo Reservoir including Caballo Reservoir.
Designated Uses - Irrigation; livestock and wildlife watering; primary
contact recreation; warmwater fishery
NOTE: Sustained flow in the stream reach below Caballo Reservoir is depen-
dent on release from Caballo Reservoir during the irrigation season;
at other times of the year, there is little or no flow; standards
apply to the stream reach only at flo./s above 350 cfs. Also, these
standards do not apply in Caballo Reservoir at pool sizes below
25,000 acre feet.
232
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RIO GRANDE BASIN;
Standards:
In any single sample:
Dissolved oxygen shall be greater than 5,0 mg/1 except for brief
periods (6 hours or less) of not less than 4.0 mg/1
pH shall be within the range of 6.0 to 9.0
Temperature shall be less than 32.2°c (90°F)
Turbidity shall be less than 50 FTU
The monthly logarithmic mean of fecal coliform bacteria shall be less
than 100/100 ml, and no more than 10% of the samples shall ex-
ceed 200/100 ml
The open water shall be free of algae in concentrations which cause
nuisance conditions or gastrointestinal or skin disorders.
3. The main stem of the Rio Grande from the headwaters of Caballo Lake upstream
to Elephant Butte Dam.
Designated Uses - Fish culture; irrigation; livestock and wildlife watering;
marginal coldwater fishery; secondary contact recreation;
warmwater fishery
NOTE: Flow in this stretch is dependent upon release from Elephant Butte Dam.
Standards apply only during flows in excess of 100 cfs.
Standards:
In any single sample:
The dissolved oxygen shall be greater than 5.0 mg/1
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 25°C (77°F)
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 1,000/100 ml, and no more than 10% of the samples
shall exceed 2,000/100 ml.
4. Elephant Butte Reservoir
Designated Uses - Irrigation storage; livestock and wildlife watering; pri-
mary contact recreation; warmwater fishery
NOTE: These standards do not apply at pool sizes below 100,000 acre feet.
Standards;
In any single sample:
The dissolved oxygen shall be greater than 5.0 mg/1 except for
brief periods (6 hours or less) of not less than 4.0 mg/1
pH shall be within the range of 6.6 to 9.0
Temperature shall be less than 32.2°C (90°F)
Turbidity shall be less than 50 FTU
233
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RIO GRANDE BASIN;
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
The open water shall be free of algae in concentrations which cause
nuisance conditions and gastrointestinal or skin disorders.
5. The main stem of the Rio Grande from the headwaters of Elephant Butte up-
stream to the Angostura Diversion Works, including any flow below the peren-
nial reaches of the Rio Puerco and Jemez River which enters the main stem
of the Rio Grande.
Designated Uses - Irrigation; limited warmwater fishery; livestock and
wildlife watering, secondary contact recreation
Standards:
In any single sample:
Dissolved oxygen shall be greater than 4.0 mg/1
pH shall be within the range of 6.0 to y.O
Temperature shall be less than 32.2°C (90°F)
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 1,000/100 ml, and no more than 10% of the samples
shall exceed 2,000/100 ml.
At mean monthly flows above 100 cfs, the monthly average concentration
for:
TDS shall be less than 1,500 mg/1
Sulfate shall be less than 500 mg/1
Chloride shall be less than 250 mg/1
6. The Jemez River and all its tributaries above the Town of Jemez Springs and
the Guadalupe River and all its tributaries and all perennial reaches of tri-
butaries to the Rio Puerco.
Designated Uses - Domestic water supply; fish culture; high quality cold-
water fishery; irrigation; livestock and wildlife watering;
secondary contact recreation
Standards:
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1 or 85% of
saturation, whichever is greater
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 20°C (68°F)
Total phosphorus shall be less than 0.1 mg/1
Total organic carbon shall be less than 7 mg/l
234
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RIO GRANDE BASIN;
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
7. The main stem of the Rio Grande from Angostura Diversion Works upstream
to Cochiti Dam.
Designated Uses - Irrigation; livestock and wildlife watering; secondary
contact recreation; warmwater fishery (coldwater fishery
upon completion of Cochiti Reservoir)
Standards:
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1
pH shall be within the range of 6.6 to 9.0
Temperature shall be less than 32.2°c (90°F)
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 1,000/100 ml, and no more than 10% of the samples
shall exceed 2,000/100 ml.
8. Cochiti Reservoir.
Designated Uses - Livestock and wildlife watering; warmwater fishery;
(coldwater fishery and primary contact recreation
upon completion of reservoir)
Standards:
In any single sample:
The dissolved oxygen shall be greater than 6.0 mg/1
pH shall be within the range of 6.6 to 9.0
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
The open water shall be free of algae in concentrations which cause
nuisance conditions or gastrointestinal or skin disorders.
9. The main stem of the Rio Grande from the headwaters of Cochiti Reservoir
upstream to Taos Junction Bridge including the main stem of Embudo Creek
from its confluence with the Rio Grande upstream to Dixon and the Santa
Fe River upstream to Siler Road.
Designated Uses - Irrigation; livestock and wildlife watering; marginal
coldwater fishery; secondary contact recreation;
warmwater fishery
235
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RIO GRANDE BASIN;
Standards:
In any single sample:
The dissolved oxygen shall be greater than 6.0 mg/1 (except
Santa Fe River upstream to Siler Road where dissolved oxygen
shall be greater than 4.0 mg/1)
pH shall be within the range of 6.6 to 8.6
Temperature shall be less than 22°C (71.6 F) [except Santa Fe
River upstream to Siler Road where temperature shall be less
than 30°C (86°F)]
Turbidity shall be less than 50 FTU
At mean monthly flows above 100 cfs, the monthly average concentration
for:
TDS shall be less than 500 mg/1
Sulfate shall be less than 150 mg/1
Chloride shall be less than 25 mg/1
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 1,000/100 ml, and no more than 10% of the samples
shall exceed 2,000/100 ml.
10. El Rito Creek above the Town of El Rito and Vallecitos Creek above Ojo Caliente
Creek and all tributaries.
Designated Uses - Domestic water supply; irrigation; high quality coldwater
fishery; livestock and wildlife watering; secondary con-
tact recreation
Standards;
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1 or 85% of
saturation, whichever is greater
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 20°C (68°F)
Total phosphorus shall be less than 0.1 mg/1
Total organic carbon shall be less than 7 mg/1
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
11. The Rio Chama from its confluence with the Rio Grande upstream to El Vado
and any flow below the perennial reaches of El Rito Creek and Rio Ojo Caliente
which enters the main stem of the Rio Chama.
Designated Uses - Irrigation; livestock and wildlife watering; marginal
coldwater fishery; secondary contact recreation
236
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RIO GRANDS BASIN:
Standards;
In any single sample:
Dissolved oxygen shall be greater than 5.0 mg/1
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 26°c (78.8°F) above Abiquiu
Reservoir and less than 31°C (87.8 F) below Abiquiu Reservoir
The monthly logarithmic mean of fecal coliform bacteria shall be less
than 1,000/100 ml, and no more than 10% of the samples shall ex-
ceed 2,000/100 ml.
12. All perennial reaches of tributaries to the Rio Chama above Abiquiu Reservoir
and the main stem of the Rio Chama from El Vado upstream to the New Mexico-
Colorado line, including El Vado Reservoir.
Designated Uses - Domestic water supply; fish culture; high quality coldwater
fishery; irrigation; livestock and wildlife watering; secon-
dary contact recreation
Standards;
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1 or 85% of
saturation, whichever is greater
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 20°C (68°F)
Total phosphorus shall be less than 0.1 mg/1
Total organic carbon 'shall be less than 7 mg/1
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
13. All perennial reaches of tributaries to the Rio Grande in Santa Fe County ex-
cept the Santa Fe River below Siler Road.
Designated Uses - Domestic water supply; high quality coldwater fishery;
irrigation; livestock and wildlife watering; municipal
and industrial water supply; secondary contact recreation
Standards;
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1 or 85% of
saturation, whichever is greater
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 20 C (68 F)
Total phosphorus shall be less than 0.1 mg/1
Total organic carbon shall be less than 7 mg/1
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
237
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RIO GRANDE BASIN:
14. The main stem of the Rio Grande from Taos Junction Bridge upstream to the
Colorado-New Mexico line and the Red River from its confluence with the
Rio Grande upstream to a point % mile above the Red River Fish Hatchery.
Designated Uses - Coldwater fishery; fish culture; livestock and wildlife
watering; secondary contact recreation
Standards;
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 20°C (68°F)
Turbidity shall be less than 50 FTU
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
15. The Red River from a point h mile above the Red River Fish Hatchery upstream
to its headwaters including all tributaries thereto and all other perennial
reaches of tributaries to the Rio Grande in Taos County, including Embudo
Creek above Dixon.
Designated Uses - Domestic water supply; fish culture; high quality coldwater
fishery; irrigation; livestock and wildlife watering;
secondary contact recreation
Standards:
In any single sample:
Dissolved oxygen shall be greater than 6.0 mg/1 or 85% of
saturation, whichever is greater
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 20 C (68 F)
Total phosphorus shall be less than 0.1 mg/1
Turbidity shall be less than 25 FTU
Conductivity shall be less than 300 umho
Total organic carbon shall be less than 7 mg/1
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 100/100 ml, and no more than 10% of the samples
shall exceed 200/100 ml.
238
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STREAM USE DESIGNATIONS AND STANDARDS
NOTE: These standards apply at all flows unless specified otherwise.
PECOS RIVER BASIN:
1. The main stem of the Pecos River from the New Mexico-Texas line upstream to
Malaga.
Designated Uses - Irrigation; livestock and wildlife watering; secondary
contact recreation; warmwater fishery
Standards;
In any single sample:
Dissolved oxygen shall be greater than 5.0 mg/1
pH shall be within the range of 6.6 to 8.8
Temperature shall be less than 32.2°C (90°F)
The monthly logarithmic mean of fecal coliform bacteria shall be
less than 1,000/100 ml, and no more than 10% of the samples
shall exceed 2,000/100 ml.
At all flows above 50 cfs:
TDS shall be less than 20,000 mg/1
Sulfate shall be less than 3,000 mg/1
Chloride shall be less than 10,000 mg/1
2. The main stem of the Pecos River from Malaga upstream to Lower Tansil Dam,
including Black River.
Designated Uses - Industrial water supply; irrigation; livestock and wild-
life watering; secondary contact recreation; warmwater
fishery
NOTE: Diversion for irrigation frequently limits summer flow in this
stretch to that contributed by springs along the watercourse.
Suitable conditions for a warmwater fishery cannot be maintained
during the summer unless there is significant release from lower
Tansil Dam and Harroun Dam.
Standards:
In any single sample:
Dissolved oxygen shall be greater than 5.0 mg/1
pH shall be within the range of 6.6 to 9.0
Temperature shall be less than 34°C (93.2°F)
239
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Appendix M
Lake County Planning Commission
RESOLUTION 75-127
WHEREAS the Planning Commission of the County of Lake, State of California
has considered the application for a Use Permit as applied for by Burmah
Oil and Gas Company, 2828 Junipero Avenue, Long Beach, California for
geothermal drilling, completion and placing on production of nine wells on
a certain 60 acre leasehold (Dillingham and Vought) in the Anderson Springs
vicinity, otherwise described as Assessor Parcel Numbers 13-06-65 and
13-06-66, being portions of Section 27 and 34, Township 11 North, Range 8
West, Mt. Diablo Base and Meridian in accordance with the Lake County
Ordinance Code, and
WHEREAS said Planning Commission finds that the establishment, maintenance
or operation of the use for which application is made will not under the
circumstances of this particular case be detrimental to the health, safety
peace, morals, comfort and general welfare of persons residing or working
in the neighborhood of such use, or be detrimental to the property or
improvements in the neighborhood, or be detrimental to the general welfare
of the County and that the proposed use is in substantial conformity with
the Lake County General Plan and that the proposed use is not a trivial
action with no significant impact on the environment, and
WHEREAS said Planning Commission has caused to be prepared a Draft Environ-
mental Impact Report and a Final Environmental Impact Report on the sub-
ject of this application and has held public hearings thereon and has
carefully considered this matter pursuant to the California Environmental
Quality Act and the Guidelines of the Resources Agency, State of Califor-
nia, pertaining thereto, and pursuant to the Environmental Protection
Guidelines as referenced in the Ordinance Code, County of Lake, now there-
fore be it
RESOLVED that the Planning Commission of the County of Lake approves the Use
Permit applied for, and be it
FURTHER RESOLVED THAT:
I. This Use Permit has been approved by the Planning Commission, subject to
being issued after the expiration of the mandatory appeal period and
after compliance with any conditions precedent. However, if the Use
Permit is not issued before October 9, 1976, it will become null and
void, and the use may not proceed without the application for and
approval of a new Use Permit. The Planning Commission may in its discre-
tion approve time extensions.
II. The Use Permit shall be subject to the following conditions:
240
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Lake County Planning Commission
RESOLUTION 75-127
CONTINUED
A. Nine (9) production wells on five drill sites for a period of two (2)
years commencing on the date of approval of the Use Permit and
further subject to approval of site regarding location for three (3)
wells by the Planning Commission prior to any drilling or site prep-
aration, specifcially wells numbered 7, 8 and 9, which may require
additional drill sites as may be determined.
B. TO PROTECT PLANT ASSOCIATIONS:
1. Top soil shall be stockpiled for later respreading over the dis-
turbed area prior to re-seeding.
2. Specific pad/road sites shall be evaluated by a qualified horti-
culturist-landscape consultant to determine which native plants
can be tolerantly sustained.
3. When construction/drilling has been completed, re-vegetation shall
be programmed and. shall commence in the fall of year following the
construction or drilling.
4. The re-vegetation program shall be re-evaluated during the second
Spring following initial planting and if deemed to be inadequately
successfull additional re-vegetation will be required in the
immediately succeeding fall season.
C. TO PROTECT WILDLIFE HABITAT:
Note: The E.I.R. on the basis of field reconnaisance, does not report
the subject area as beiing likely habitat for rare and endangered
species of animals. The report does not rule out the possibility but
does not suggest any specific mitigating measures to protect them.
Therefore, in order to minimize potentially adverse effects to the
wildlife habitat generally, only one condition is recommended,
although beneficent mitigations to wildlife are listed elsewhere.
1. Not more than twenty-five (25) surface acres of the sixty (60)
acre leasehold shall be disturbed by the construction of drill
pads, sumps and access roads without the specific authorization
of the Planning Commission.
D. TO PROTECTION AGAINST EXCESSIVE SOIL EROSION, INDUCED LAND SLIPS AND
SURFACE GEOLOGIC HAZARDS:
.1. A Registered Civil Engineer and an Engineering Geologist shall
certify all road excavation and site preparation plans.
2. A precise survey of the drill sites, the positioning of the equip-
ment and a reserve pit area, the access roads including the extent
of cuts and fills, the compaction methods and the storm drainage
design plan and profiles shall be submitted to the Lake County
Director of Public Works in advance of any excavation.
3. Filled slope banks shall not exceed 1 1/2:1. Edges of all fills
shall be stabilized with rock and gravel or placed to reduce
erosion potential to an absolute minimum on all fill slope banks.
Revegetation of slopes shall be carried out as specified in
Condition B.
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4. A retaining levee of not less than eighteen inches (18") in height
and three feet (3f) in base thickness shall be placed on the peri-
meter of all fill areas to prevent storm runoff accumulation from
random discharge.
5. A permanent silt trap of a design to impede the transport of silts
from the area shall be installed and maintained on the upstream side
of the Socrates Mine Road at its intersection with the principal
watershed channel.
6. The drainage plan to be submitted will generally distribute storm
water runoff over the downhill slope or collect runoff and channel
it to existing natural waterways only to the extent that it will
not increase water head to the point of unnatural channel abrasion.
Energy dissipators and collection devices to reduce the erosive
force of unnatural runoff may be required.
7. Drill pad locations shall be selected on areas of not more than an
average of thirty percent (30%) natural slope without specific
approval from the Planning Commission.
8. Steam well stimulation with the use of explosives shall not be
permitted without specific approval from the Lake County Planning
Commission.
9. All grading activity shall be completed and all drainage structures
shall be in place and operational prior to October 10, of any year.
Grading and excavation activity shall not be permitted during the
consecutive period from October 10 to April 10 of any year. (It is
understood that this is a general time frame. Extension beyond
October 10 may be allowed by the Lake County Department of Public
Works Director upon establishment of a soil moisture specification
for any stated activity.
ENVIRONMENTAL AND SAFETY PROTECTIONS GENERALLY:
1. Engineered sumps shall be lined with impervious material to prevent
any leaching of possible soil or water contaminants into local
ecosystem.
2. Sump fluids (both mud and supernatant liquids) shall be monitored
for type and quantity of biologically sensitive materials, especially
toxic materials, heavy metals and radioactive materials. If said
monitoring does not indicate quantities in excess of allowable
limits for either human or other important biological elements,
especially those of the acquatic ecosystem, then sump materials
shall be solidified, dried, mixed with native soil and buried.
If toxic or biologically sensitive materials are found, such
materials shall be removed to a Class 2-1 disposal site as directed
by the County or appropriate State agency. Sump pits shall be
refilled to a self-stabilizing grade and be re-vegetated as
required by Condition B.
3. No drill site shall be located within five hundred feet (5001) of
any creek flowing ten (10) months or more during the year without
specific approval from the Planning Commission.
4. No hydrocarbon based cleaning agent, no waste oils or greases, no
liquid fuel shall be discharged directly onto the surface of a drill
pad. All such liquids shall be contained and removed from the site.
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5. All unattended drilling equipment, well heads, sumps, ponds,
shall be protected from access by unauthorized persons.
6. The applicant shall comply with the requirements of fire pre-
vention practices and measures as may be prescribed by the Chief,
Middletown fire Protection District and/or the California
Division of Forestry.
7. Sanitary and hand washing facilities shall be provided at the
drill sites and maintenance yards as specified by the Lake
County Health Department.
8. In the event of casing blow-out or other uncontrolled venting,
applicant shall move immediately to control the vent. No more
than five (5) days shall elapse from the date of the uncon-
trolled vent to the date of equipment relocation to secure it.
9. Alternate sites for water source shall be approved by the
Planning Commission.
10. Water trucks shall operate only during daylight hours.
F. TO PROTECT AIR QUAILTY:
1. The applicant shall meet the Ambient Air Quality Standards
established by the Lake County Air Pollution Control District
Regulations.
2. It is stipulated that the said District will be spot monitoring
climatic conditions, quantities of non-condensible gasses in the
vicinity of the proposed use and that the findings resulting from
said monitoring may require the applicant, his contractors or
agents to provide continuous air quality monitoring and sample
readings as may be directed by the Lake County Air Quality
Pollution Control District.
3. Applicant shall secure a Permit to Operate from the Lake County
Air Pollution Control District prior to commencement of drilling
activity.
4. Applicant shall provide dust control measures on all vehicular
access routes as may be required by direction from the Lake
County Air Pollution Control District.
5. Applicant shall provide, upon request from the Lake County
Planning Commission, element-component readings from a steam
analysis.
G. TO PROTECT AGAINST EXCESSIVE NOISE EXPOSURE:
1. The maximum permitted sound level during any phase of the opera-
tion shall not exceed 65 db (A) at a distance of one-half (1/2)
mile from the drill site.
2. It is stipulated that the Lake County Air Pollution Control
District will be spot monitoring noise levels in the vicinity of
the proposed use and that findings resulting from said monitoring
may require the applicant, his contractors, or agents, to provide
continuous noise level monitorings and readings as may be
directed by the Lake County Air Pollution Control District,
3. Applicant shall install a separator-muffler device to contain all
discharges during the drilling and testing phase.
H. TO PROTECT VIEWS AND SCENIC VISTAS:
1. Drill sites 7, 8 and 9 shall be relocated as recommended on
Figure 6, page 16 of the referenced E.I.R. to avoid adverse
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geologic soils and view impact.
IN GRANTING THIS USE PERMIT THE LAKE COUNTY PLANNING COMMISSION
MAKES THE FOLLOWING FINDINGS;
1. That this Use Permit does not abridge or supersede the regula-
tory powers or permit requirements of any State or Federal
Agency or any Special District or other Lake County Department
or Division which may retain an advisory or regulatory function
as specified by statute or ordinance, nor does this Use Permit
grant any title or other real property right solely to this
applicant or his assigns.
2. That the granting of this Use Permit is in the general public
interest and that environmental and performance parameters
conditioning the proposed activity as specified in this Use
Permit and as contained in that document entitled, "Conditions,
Procedures and Performance Standards for Geothermal Regula-
tions, County of Lake", now referenced and made a part hereof,
will allow the proposed activity with adequate safeguards to
the welfare of the people of Lake County at large and to the
people residing in the vicinity of said activity.
3. That this Use Permit shall be subject to revocation or modifica-
tion by the Board of Supervisors of Lake County if:
a. The Board finds that there has been non-compliance with any
of the foregoing conditions, or
b. The Board finds that the use for which this permit is grant-
ed is so exercised as to be substantially detrimental to
the general public or to property in the vicinity of the
use.
Any such revocation shall be taken pursuant to Section 21-84 of
the Ordinance Code of the County of Lake.
4. That this Use Permit is issued for a period of two (2) years and
shall expire on October 9, 1977.
The foregoing resolution was introduced by Commissioner Dennis Bailey
who moved its adoption, seconded by Commissioner Richard Broten on this
9th day of October, 1975, and carried by the following roll call vote:
AYES: Commissioners Dennis Bailey, Richard Broten, Al Moorhead,
Harvey Sampson, and Chairman Nancy Stolesen
NOES: None
ABSENT: None
WHEREUPON the Chairman declared the above and foregoing resolution duly
adopted.
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SO ORDERED!
Lake County Planning Commission
Nancy Stolesen, Chairman
Doris W. Wilcox, Secretary
AFFIRMATION: I have read the above conditions and will comply.
Signature of Applicant
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-600/7-78-014
3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
Survey of Environmental Regulations Applying to
Geothermal Exploration, Development and Use
5. REPORT DATE
February 1978 issuing date
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
Mrs. Gene V. Beeland
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
WAPORA, Inc.
6900 Wisconsin Ave., N.W.
Washington, D.C. 20015
10. PROGRAM ELEMENT NO.
EHE624B
11. CONTRACT/GRANT NO.
68-03-2371
12. SPONSORING AGENCY NAME AND ADDRESS
Industrial Environmental Research Laboratorys Cin. OH
Office of Research and Development
U.S. Environmental Protection Agency
Industrial Environmental Research Laboratory
13. TYPE OF REPORT AND PERIOD COVERED
final
14. SPONSORING AGENCY CODE
EPA/600/12
15. SUPPLEMENTARY NOTES
16. ABSTRACT
Federal, State, and local environmental laws and regulations that apply to
geothermal energy development are summarized. Most attention is given to those
regulations which deal with air pollution, water pollution, solid wastes and impact
assessments. Analyses are made of the regulations with respect to resource defini-
tion, pollutants currently not controlled, duplicity and overlap in permit and
impact assessment requirements, the lack of uniformity of regulations between states,
and the probable future approaches to the regulatory problems.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Environmental engineering
Regulations
Geothermal Prospecting
geothermal development
environmental laws
pollution control
air pollution
water pollution
43E, 68A, 68D,
97G
3. DISTRIBUTION STATEMENT
Release unlimited
19. SECURITY CLASS (ThisReport)
none
21. NO. OF PAGES
254
20. SECURITY CLASS (This page)
none
22. PRICE
EPA Form 2220-1 (9-73)
246
U.S. GOVERNMENT PRINTING OFFICE: 1978-757-140/6693 Region No. 5-11
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