SURVEY OF ENVIRONMENTAL REGULATIONS
APPLYING TO GEOTHERMAL EXPLORATION,
DEVELOPMENT, AND USE
¦ Research fi Consulting in Pollution Control

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26887
PROJECT 658	May 11, 1976
SURVEY OF ENVIRONMENTAL REGULATIONS
APPLYING TO GEOTHERMAL EXPLORATION,
DEVELOPMENT, AND USE
Draft Interim Report
Phase I
Prepared for:
Environmental Protection Agency
Energy Systems Environmental Control
Division
Cincinnati, Ohio 45268
EPA Contract No. 68-03-2371

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TABLE OF CONTENTS
SECTION	PAGE
I.	INTRODUCTION	1-1
II.	OVERVIEW OF ENVIRONMENTAL REQUIREMENTS ATTENDANT
TO GEOTHERMAL DEVELOPMENT	II-l
Comparison with Requirements Imposed on
on Other Mineral Production 		II-l
Single-Purpose Geothermal Statutes vis-a-vis
Amendment of Other Mineral Law		II-3
Lands Available for Development Under
Geothermal Act		II-5
Other Federal Geothermal Legislation 		II-8
State and Local Requirements	II-9
General Environmental Control Requirements 		11-10
Definition of Geothermal Resources 		11-11
Application of Fish and Wildlife Coordination Act .	11-11
III.	ANALYSIS OF FEDERAL/STATE POLLUTION CONTROL
REQUIREMENTS	I II-l
Air Pollution Control 		III-2
Water Pollution Control 		III-ll
Solid Waste Disposal 		111-27
Ocean Dumping 		111-32
Control of Noise 	 ...... 		111-36
Erosion-Sedimentation Control	111-38
Control of Subsidence	111-40
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Table of Contents
(Continued)
SECTION	PAGE
IV.	ENVIRONMENTAL ASPECTS OF THE FEDERAL
GEOTHEEMAL LEASING AND DEVELOPMENT PROGRAM ....	IV-1
Environmental Impact Evaluation	IV-2
Environmental Provisions of Leases 		IV-3
Geothermal Resources Operations Orders ......	IV-8.
V.	STATE STATUTES/REGULATIONS APPLICABLE TO
GEOTHERMAL DEVELOPMENT	V-l
Geothermal Resource Statutes/Regulations	'	V-3
State NEPA - Type Statutes and Regulations ....	V-32
Air Pollution		V-48
Water Quality ....... 	 .....	V-71
Solid Waste Regulations	V-97
Noise Regulation	V-l06
VI.	COUNTY GEOTHERMAL REGULATIONS 	 ...	VI-1
Sonoma County, California 		VI-1
Napa County, California	VI-3
Imperial County, California 	 ...	VI-7
Plumas County, California 		VI-11
Mono County, California 		VI-15
Modoc County, California 	 .....	VI-16
Inyo County, California 		VI-16
Lassen County, California	VI-17
Lake County, California 		VI-18
Malheur County, Oregon			VI-25
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LIST OF FIGURES
FIGURE NO.	PAGE
1	Excerpt from Subchapter H - Ocean
Dumping, Title 40 CFR 	 111-37
2	Excerpt from Idaho Rules and Regulations,
Minimum Well Construction Standards
for Geothermal Resources	V-20
3	Noise Level Limitations for all Geothermal
Operations in Imperial County, California . Vl-9'
A	Noise Level Limitations for Geothermal
Operations Adjacent to or Near Existing
Development in Imperial County, California Vl-10
LIST OF TABLES
TABLE NO.	PAGE
1	Comparison of Noise Levels Between the
Geysers Geothermal Area and Other
Noise Sources 	 ........ 111-39
2	California Ambient Air Standards 	 V-61
3	Colorado Water Quality Standards Summary. . . V-85
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SECTION I
INTRODUCTION
This report presents the results of a survey of existing legal
requirements applicable or potentially applicable to the production
and use of geothermal resources. It focuses almost exclusively on the
local, state, federal, and federally-approved ordinances, statutes,
regulations, and standards designed to minimize adverse environmental
effects of pollution sources. The provisions of some of these docu-
ments which relate to air and water pollution control, noise reduction,
land disposal of wastes, and subsidence are specifically directed to
geothermal activities while others are more general requirements which,
it is assumed, will be applicable to geothermal development. The
criteria which mandate the preparation of environmental impact evalua-
tions are detailed along with the information which such assessments
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 sub-
sequent 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.
The survey centered on 15 states where geothermal resources have
been identified. These include: Alaska, Arizona, California, Colorado,
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Hawaii, Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon, Texas,
Utah, Washington, and Wyoming. No information has been developed
which suggests imminent geothermal production in any other states,
and 25 states specifically replied that they have no geothermal statutes
or regulations. The location of the 10 who did not respond in relation
to known fields of geothermal deposits indicates that they are not of
immediate concern.
The report is structured to present an overview of the environmental
requirements of geothermal exploitation, an analysis of existing
approaches to environmental control in the geothermal industry, and a
presentation of constituent or categorical limitations in the form of
summaries of specific legislation and/or regulation. It does not
address all types of legal provisions with potential effect on geo-
thermal development. It excludes those which pertain to acreage limi-
tations, fees, rents, royalties, rate structures, mineral vs. geothermal
definition, zoning, tax structure, conversion rights, acquisition, and
leasing methods.
The survey constituted the first phase of a continuing comprehen-
sive Environmental Protection Agency (EPA) study of geothermal develop-
ment. The second phase of the program involves the identification of the
physical-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
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will be further assessed — i.e., as to whether the applicable
standards and regulations make the best use of the control technol-
ogies available or, on the other hand, whether there are instances
in which the technology cannot meet the stringency of the standards
and regulations. No attempt is made to undertake final evaluation
of this type in this interim report.
It was necessary, at this point in the total study, to base
selection of the standards and regulations presented on existing
information on the potential parameters of wastes generated by geo-
thermal activities. This procedure 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 characteris-
tics and quantities.
Another problem is that there are few present restrictions in terms
of applicable numerical standards on the water or air pollution parameters
which may be involved. 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 geo-
thermal development.
Water quality standards more frequently embrace a larger number of
the expected geothermal waste constituents, but this is offset by the
lack of numerical effluent limitations applicable industrywide. This
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circumstance thus engenders potential disparity in case-by-case treat-
ment in specific requirements and uncertainty as to what the limita-
tions may be in any given case.
The general uncertainty is fur-ther complexed by the question of
whether the nature of some existing standards is such that they can
be made to apply to geothermal wastes. This situation is by no means
static 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.
Presently, however, a "chicken-and-the-egg" situation appears to
prevail in terms of environmental control for the emerging geothermal
industry. How much development will occur in the face of minimal
certainty as to the precise environmental control requirements which will
will be applied, and, thus, the range of technologies and expenditures
involved? On the other hand, 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 pollu-
tion control will ultimately be reqired. 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 desire in some localities and
states to expand their industrial economy. ¦ Even when applicable regula-
tions are adopted, the degree of enforcement may be tailored to prevailing
priorities.
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This report does not present a "laundry list" of requirements of
each statute 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 requirements of others. For the purposes of
this study, it is not essential to know in every case which state or
which county imposes which rule today. The importance lies in the
fact that a given approach has been conceived which may be applied
virtually across the board tomorrow.
Some documents which are of such a general nature that they do
not contribute significantly to the objectives of the survey are omitted.
An example of this type is a state statute which does little more than
establish a new or expanded program and authorize a given agency to
promulgate regulations. In this situation, the implementing regulations
which embody the actual limitations are summarized in lieu of the statute.
Some documents are discussed in much more detail than others, a
fact which is not intended to suggest relative importance. In most
instances this occurs because the one narrated first is sufficiently
representative of others that repetition of the details is not necessary.
This report is subject to modification before it is incorporated
into the final project report.
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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 lands 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,
royalities, unitization, multiple use, and other factors enumerated
in the introduction to this report 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 protec-
tion provision. This is incorporated in the authority given to the
Secretary of the Interior to prescribe rules and regulations to imple-
ment the Act; his authority to protect water quality and other environ-
mental 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
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of environmental control in the leasing of public lands. The regula-
tions (Title 30 CFR Parts 270 and 271 and Title 43 Parts 3000 and 3200),
and related special 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 strin-
gent standards which the Geological Survey (USGS) 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
contrast 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 disposition of drilling mud, pollutants, and
other debris." The stipulations go on 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.
Neither are environmentally acceptable methods of disposing of drilling
mud and pollutants mandated.
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It is understood that the Department will shortly make use of
the environmental features developed for regulating geothermal opera-
tions 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 treatment 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 proposed action on the
leased land. These are all routine requirements in the case of geo-
thermal operations.
Many people, including some in the Department of the Interior,
feel that the Geothermal Steam Act is a poor and hard to administer
law and that the regulations are "loose." They are, nevertheless,
milestones in the process of imposing compliance with broad environ-
mental control requirements on the users of public lands.
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
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development of geothermal resources or extending the application of
legislation 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.
The single-purpose legislative approach was not the original
intent of Congress. The early geothermal legislation merely consti-
tuted an amendment to extend coverage of the Mineral Leasing Act.
The effort to pass this amendment failed because of congressional-
executive branch disputes over issues which were not related to
environmental concerns. Finally, after debate spanning nearly a decade
the amendment was rewritten as the Geothermal 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 un-
limited 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 environ-
mental language and executive branch decisions in drafting the regula-
tions.
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The states which have legislatively addressed geothermal develop-
ment have mostly enacted new statutes or comprehensive amendments which
amount to the same thing. The motivation for this has not been investi-
gated 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 these across
the board to strong industries covered by existing legislation.
The inference is fairly clear that environmental control appli-
cable 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 requirements 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, consideration 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 Act, those which may not, and those which qualify
with additional agency approval does not appear germane to this study
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of environmental 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 subject to all of the requirments set forth and discussed in
Section IV:
1.	Public, withdrawn, or acquired lands administered by the
Secretary of the Interior;
2.	National forests and other lands administered by the
Department of Agriculture through the Forest Service;
3.	Reserved mineral lands of the U.S.
Lands withdrawn or acquired for other purposes of the Depart-
ment of Agriculture and lands subject to Section 24 of the Federal
Power Act (16 USC 318) may be leased under the Act with the consent
of the Department of Agriculture and the Federal Power Commission
respectively. And, these agencies may prescribe their own set of
terms and conditions.
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, however, preclude
geothermal development in these areas under the authority of the con-
trolling agencies. While no such development has occurred to date, it
is assumed that either the most restrictive environmental requirements
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could be achieved in these areas 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 deter-
mines 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 situation 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
prepare 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 requirements of Section 553 of the Administrative
Procedure 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 statutes, EPA regulations, and state and
local environmental statutes would be used for guidance. Regulations
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for BIA activity are found in Title 25 of the Code of Federal
Regulations.
OTHER FEDERAL GEOTHERMAL LEGISLATION
Three other federal laws were enacted in 1974 which touch upon
the environmental control aspects of geothermal development although
their overall scope is much broader. The first, and probably the
most important from this standpoint, was the Geothermal Energy
Research, Development, and Demonstration Act of 1974 (P.L. 93-410).
This Act established a mechanism for federal funding of- research into
all facets of geothermal development including demonstration of tech-
nologies for production and use, and institutional 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. Realization of these is yet in the future.
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 development 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).
All three of these acts presume that demineralized potable water
will be produced in connection with geothermal operations, if this is
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feasible. Individual exemptions are granted if applicable state
water laws would be violated, or natural resources would be damaged.
This provision is important to geothermal developers chiefly because
of the problems involved in the ownership of the water — i.e., claims
of pre-existing federal leases and state water appropriation laws.
However, producing the water would tend to concentrate the brines to
be disposed of and require different disposal techniques.
The Geothermal Leasing Act remains dominant in terms of the
Secretary's authority to regulate the environmental control practices
of geothermal operations on federal lands.
STATE AND LOCAL REQUIREMENTS
At least 15 states have adopted statutes governing the production
of geothermal resources on state-owned lands, some of which apply to
privately-owned lands. Most of these states have also adopted regula-
tions implementing the geothermal statute, and some of them spell out
very detailed environmentally-oriented requirements, although they
generally stop short of numerical standards on pollutional parameters,
except in some cases, for noise and odors. A few geothermal ordinances
have also been adopted at the county level. These include several in
California and one in Oregon, 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 regard-
less of the resource produced, and the other points to the variations in
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tools and technologies required for geothermal production. The
expressed 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 specific 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 techniques or related pollu-
tion 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 develop-
ment, 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 operations. 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 compli-
ance with all applicable standards. Reference to geothermal wastes, as
such, in the general environmental control documents is, as yet, rare.
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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 requirements 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 eval-
uation 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 operations 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 controlled or modified for any
purpose whatever."
If geothermal resources are held to be water-dependent, the
Service could issue guidelines analogous to the December 1975 "Oil
and Gas Exploration and Development Activities in Territorial and
Inland Navigable Waters and Wetlands" (40 Fed. Reg. 55804).
USGS amended its geothermal regulations on December 12, 1975
(40 Fed. Reg. 57816) to require the lessee to take measures for con-
servation 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 Wildlife 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.
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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 industry will be called upon to comply. It
points up the sparcity of existing numerical standards which relate
to the anticipated waste parameters of geothermal operations.
Section V in turn raises the further question of whether, indeed,
some of the existing numerical limitations are suitable for appli-
cation 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 of the results of Phase II
of the project are in.
As discussed previously, geothermal operations on federal land
are subject to compliance with all applicable federal, state, and
local environmental control standards dealing with air, land, water,
and noise. The word "standards" is interpreted here to mean all
applicable statutes and regulations. Specific standards on various
parameters are, of course, the heart of environmental 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
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or potential sources of pollution whether or not states specifically
reference the standards in geothermal specific statutes or
regulations.
This section of the report analyzes federal pollution control
requirements and state requirements which are necessitated by
federal legislation. It also presents general discussions of land
disposal, noise, and erosion control regulation at the federal and
state levels although the interplay between the two levels in these
areas is not specifically mandated.
In many cases, the state air and water pollution control docu-
ments do not go much further than what is required of them by the
federal law. This section deals only with the broad interaction
between the two levels in these areas and 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 limited to stationary sources only.
The mechanisms prescribed in the Act for establishing emission
limitations are set in motion at the federal level. However, with
only a few exceptions the numerical emission standards are set by
the states.
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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 vary-
ing 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 standards 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 causa-
tive relationship 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 considera-
tions. 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
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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 industry.
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
There are three major circumstances in which the Act requires
the federal EPA itself to establish 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 act or its
emission standards are deemed inadequate.
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" is generally interpreted to mean substances
which have extremely toxic, carcinogenic, mutagenic, or other very
dangerous characteristics which should not be permitted in the atmos-
phere in harmful quantities. It is not anticipated that levels of
H2S will meet this criterion although topographic and meteorological
conditions could possibly engender hazardous levels in some cases.
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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 limitations, 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 emission standards for such a pollutant. This emission standard
will be applicable 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 vls-a-vis NSPS
It appears currently that the Importance of the functions of
Section 111 will Increase significantly for all sources of air
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pollutants and especially for geothermal operations. The explana-
tion 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
pollutants: sulfur dioxide, particulates, carbon monoxide, photo-
chemical oxidants, hydrocarbons, and nitrogen oxides. The N0X criteria
are the only criteria which have been issued subsequent to passage of
the 1970 Act and the only ones issued by EPA, as such. The others were
developed by the predecessor air pollution control agency in the Public
Health Service. Applicability of the N0X 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
monitoring 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 standard mechanism will not play a significant role in the
future. It is anticipated that use of the Section HI 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 performance standards. This predic-
tion 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
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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 produc-
tion 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 performance 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.
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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 legislative 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 limited 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 used
in the United States are employed. This is also a likely circum-
stance 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 estab-
lished will necessarily be somewhat limited. This is certain to be
a problem with geothermal production and use, and EPA's common
starting point — test data on existing well-controlled sources —
is likely to be limited as well, especially in view of the wide varia-
tion in geothermal formations, as noted above, and production tech-
niques. 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 stringent emission limitations.
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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 deteriora-
tion 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 in-
clusion. By virtue of the more remote locations of geothermal re-
sources 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
surrounding this issue, and the issue is currently pending in amend-
ments to the Clean 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 deterioriation "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
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the quality of the Nation's air resources so as to promote the
public health and welfare and the productive capacity of its popula-
tion." However, nowhere in the sections dealing with standards and
implementation plans is there any guidance on protection 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 requiring the Administrator to disapprove any portion of
a state plan which does not effectively prevent significant deteriora-
tion. 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:
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 designated 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,
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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 applications 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 con-
struction permit requirements 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 SO2 or particulates which exceed those permitted for the class
of area in which they are to be located.
It is hoped that the federal significant deterioration concept
will be clarified by Congress before a final report on this project
is submitted. 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 regula-
tions 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
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certainly vary with the form in which geothermal resources are
manifested, the production technology utilized, and the use to
which the resource is put.
As discussed above, this Act requires interaction between the
federal program and the states, although the mechanisms prescribed
are somewhat different from those of the Clean Air Act. In one
important area, implementation of the National Pollution 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.
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 re-
ceived some attention by the EPA contractor who performed the guide-
line 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 on 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
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automatically requires that new source performance standards be set
for the source category within a year. In actual practice, announce-
ment of the addition of the category is simultaneous with the publica-
tion of NSPS, along with guidelines for 1977 and 1983 effluent limita-
tions. 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 practicable 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 re-
flect the greatest degree of effluent reduction achievable through
the application of the best demonstrated technology, processes,
operating methods, or other alternatives.
The actual limitations and standards are promulgated as single
value limitations on permissible discharges of specific constituents.
The technologies and alternatives are defined on an industry-by-industry
basis in guidelines 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 Apeals
found, however, that in spite of the lack of clarity in the Act on this
point, that the Administrator's power to promulgate numerical effluent
limitations under Section 301 of the Act can be Inferred [2].
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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 in-
adequate wastewater treatment performance data base was utilized to
arrive at the numerical standards, and that they are thus not repre-
sentative of or achievable by all sources in a category. While this
situation existed in some established industries because 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
considerable controversy.
Until effluent guidelines are promulgated for the geothermal in-
dustry, their absence will be a significant factor in the NPDES permits
for the discharges of these operations.
NPDES Permits
Many states have qualified to implement the NPDES program within
their borders. They 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 ascertained through a state or local water pollution
control agency.
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Under P.L. 92-500 discharges into the navigable waters of the
country, the waters of the contiguous zone, or the oceans without an
NPDES permit are illegal with some exceptions. One of these may be
of particular interest to the geothermal industry. Water, gas, or
other material which is injected into a well to facilitate production
of oil or gas, or water derived in association with oil or gas produc-
tion and disposed of in a well is exempt from the necessity of a permit,
if the wells are approved by the state and the state determines that
the quality of ground or surface water will not be degraded. While
this now applies only to oil and gas operations, it provides a vehicle
which could be extended to related geothermal activity.
Industrial wastes discharged to publicly owned treatment systems
are also exempt 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 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. However, 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 cate-
gory of sources, regardless of size.
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Thus, in determining the conditions of a geothermal discharge
permit, the water quality standard would be translated into a pounds-
per-unit-of-production effluent limitation 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 per-
mitted 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 expressed in pounds
per day.
A copy of a federal permit application is shown in Appendix A to
illustrate 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. It is shown in Appendix B. The permit is
entitled "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 control board; and 3) prohibit nui-
sance and pollution created by the treatment or disposal of waste.
In addition, the permit provides that: 1) wastes produced in connec-
tion with site preparation and road construction will be placed where
they cannot be reasonably expected to be carried to the creek or its
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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 pollu-
tants which are present in his intake waters and are not removed
through the application of the required level of technology. He is
thus responsible for removing only those pollutants added in his opera-
tion. At present, the required level of technology 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 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
Perhaps the most difficult element of achieving an NPDES permit
for potential geothermal operators — and, thus, one of the most diffi-
cult of all environmental restraints — will be satisfying the prerequi-
site environmental Impact requirements. Section 511 of P.L. 92-500
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.
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Federal regulations implementing this provision of the Act
were proposed last year, but have not yet been finalized. These
regulations 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 equipment at the premises where such facilities or equipment will
be used; or
"3. Contractural obligation to purchase such unique facilities
as equipment. Facilities and equipment shall include only the major
Items listed below, provided that the value of such items represents
a substantial commitment to construct the facility:
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a.	structures; or
b.	structural materials; or
c.	machinery; or
d.	process equipment.
"4. Contractual obligation with a firm to design, engineer and
erect a completed facility (i.e., a "turnkey" 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 will be defined as new sources.
In addition, the 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 will be subject to NEPA-type scrutiny at the federal
or state levels. 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
environmental questionnaire (NS/EQ).
2.	The completed form is filed at least nine months prior to
construction of facility. (It is pointed out that it is to the appli-
cant's advantage to return the form as early as possible so that if
a environmental review is deemed necessary, construction will not be
held up.)
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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
assessment 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 guidelines he is to use are shown in Appendix D. It appears
that several of the criteria listed could be interpreted to necessi-
tate an EIS on proposed geothermal 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 draft EIS is circulated according to the instructions
in Appendix E and a public hearing is convened if there is a signifi-
cant degree of public interest.
10.	The Regional Administrator prepares a final EIS.
11.	The Regional Administrator approves or denies permit.
This brief description covers only the highlights of the proce-
dure. The detailed content of an EIS as prescribed by the regulations
is shown in Appendix F.
In addition, there are other legal provisions to be considered.
These include the National Historic Preservation Act of 1966 and the
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Archaeological and Historical Preservation Act of 1974 and implementing
regulations.
Pr°P° sed 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 organism's affected,
and other factors. The toxic effluent standards are applicable only
to categories of sources designated.
The first group of toxic standards were proposed in 1973 (40 CFR
Part 120) and were almost immediately challenged in court by affected
industries. The proposed standards have not yet been finalized.
They wexe directed in large measure toward pesticides —
aldrin, dieldrin, endrin, and DDT and related compounds. The
standard among the group which might be of most ultimate con-
cern to the geothermal industry, if it is promulgated, is one
for mercury. It is applied to other natural resource extraction
industries including oil and gas production, bituminous coal and
lignite mining, and metal mining.
The proposed standard for mercury was based mostly on stream flow
and lake size. The lower and upper limits of the range given are as
follows:
No mercury discharge into streams, lakes, or estuaries with
a low flow of less than or equal to 0.283 mVsec (lOcfs) or
into lakes less than or equal to 202 hectares (500 acres).
No mercury discharge exceeding 0.735 kg/day (1.62 lb/day)
regardless of receiving water flows.
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When promulgated, a toxic pollutant standard or prohibition
will prevail over any limitation in an NPDES for the same pollu-
tant which is less stringent than the standard.
Thermal Standards
The generation of thermal power from steam is accompanied by
the need to dispose of large amounts of waste heat because of in-
herent inefficiencies in the process. The process efficiency is a
function of the steam temperature, and fossil-fueled steam genera-
tion plants operating at high steam pressures and temperatures can
achieve about 40 percent efficiency. Present nuclear plants
cannot operate 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 process
involved.
Effluent limitations guidelines and standards contain re-
strictions, where applicable, on the temperature of discharged waste-
waters in addition to the limitations on chemical parameters. In
the absence of such standards for the production of geothermal re-
sources, the thermal discharge limitations will be based on state
water quality standards through the NPDES permit problem.
The thermal water quality standards for various states are
given in Section V. In general, the limitation of temperature rise
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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 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.
This same NPDES/state standard procedure for establishing
thermal discharge requirements is almost certainly as applicable
today to the use of geothermal resources as well as to their pro-
duction. However, for specific applications of the geothermal
product, it is possible that thermal effluent guidelines and stan-
dards 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 [11] are a good ex-
ample. 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 is of geothermal
origin since the means used to generate the steam has no effect on
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the disposal of waste heat. However, as noted previously, dis-
cussions 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 opera-
tions 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 satisfaction
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 projection 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 appro-
priate, the State) may impose an effluent limitation
under such sections for such plant, with respect to the
thermal component of such discharge (taking into account
the interaction of such thermal component with other
pollutants), that will assure the protection and propa-
gation of a balanced, indigenous population of shellfish,
fish, and wildlife in and on that body of water."
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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 inter-
fere with the "protection and propagation 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 temperature 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 set up, 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 [12].
In a great many areas where geothermal resources may be used
to produce 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 water for the con-
denser and dissipation of heat by cooling towers will be necessary.
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However, in considering sites for location of geothermal power
plants it should be kept in mind that a water supply permitting the
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 on the fish and other
elements of the aqueous food chain. In general, NPDES permits
for such structures require that information be submitted proving
that such effects are minimal.
In summary, limitations on the thermal component will apply
to any discharge of waters from geothermal resource utilization.
Because of the lower temperatures of operation, and, hence, lower
efficiencies of geothermal installations, 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
elswhere, 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.
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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 preclude water disposal without
expensive treatment. The drilling muds used in geothermal produc-
tion are a good example of wastes other than solids which require land
disposal but are too large in volume to permit drumming.
At present, the federal government has no regulatory authority
over the disposal of wastes on private or state-owned land. There
are numerous bills pending in Congress to amend the Solid Waste
Disposal Act or Resource Recovery Act of 1970 which would confer some
authority on EPA. If current reports are accurate, however, no final
action on them is expected in the immediate future. Thus, regula-
tion of land disposal of waste is left to state and local jurisdic-
tion. All states have some authority which can be applied in this
field ranging from recently-adopted comprehensive solid waste codes,
such as California's, to the mere exercise of old nuisance laws. The
specific land disposal requirements of some of the states where geothermal
resources are known to be located are discussed in Section V of this
report.
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 dispo-
sition of waste drilling muds. As of 1974, at least 25 states had
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enacted legislation or published regulations for the purpose of
controlling the land disposal of hazardous 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 definition of "hazardous wastes" varies widely, but generally
includes substances which, in a land disposal environment, may
cause short-term or long-term damage to human health or welfare, the
latter being defined to include other living organisms. The general
categories into which hazardous wastes may fall are toxic chemical,
flammable, radioactive, explosive, or biological. Toxic chemical
includes all of the manifestations of toxicity ranging from minor
Irritation to death and carcinogenic, mutagenic, and teratogenic
effects.
By most definitions, many of the constituents of drilling muds
would be considered hazardous by virtue of.their toxicity and/or
flammability. (NOTE: This discussion is based on information on
drilling muds used in oil and gas wells which appears to be appli-
cable since the geothermal literature states that standard drilling
muds are used. If any changes are indicated by more specific infor-
mation obtained during Phase II, they will be made in the final re-
port.) Oil-base muds are flammable and muds of very high pH values
are corrosive [3]. Fresh water muds may also contain toxic substances
such as barium carbonate, potassium stearate, or alkyl aryl sulfonate.
Weighting materials include barium sulfate (usually innocuous), iron-
arsenic compound, and lead sulfide.
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Other constituents are also innocuous. These include various
clays, quebracho, lignite, and shredded materials such as paper and
nut shells.
However, 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 would be considered
hazardous. In addition, the chemistry of the various individual
components is "clouded in secrecy," to use the term of the most
definitive reference on the subject of drilling fluids {3], and the
user frequently does not know what he is purchasing — or discarding.
This is because the components are sold under trade names rather than
the generic terms. Another factor is that muds used for drilling in
high sulfide areas may become contaminated with hydrogen sulfide.
Thus, drilling muds will almost certainly be defined as hazardous
wastes in the absence of proof that they are not, and, as such, they
may become subject to more stringent controls over the methods of their
disposal. The current trend in disposal methods for such 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 impervious 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
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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 suspected, quite stringent. They are set forth in Section
2510 of Title 23 of the California Administrative Code. Both rotary
drilling muds and brines from geothermal plants are specifically
defined as Group 1 wastes — toxic substances — for which deposit
in a Class I disposal site is required.
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 oriteria are applied.
Since the bulk of geothermal activity is on leased land its applica-
tion would, in any event, be limited.
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 landfill
or by the costs of hauling wastes to the nearest available facility.
These costs, and the disposal problem itself, can, of course, be
reduced by recirculation and reuse of drilling muds to the greatest
feasible extent.
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This discussion is applicable to federal lands as well as to
state and private lands because of a relevant provision in
Geothermal Resources Operational (GRO) Order No. 4, which is
discussed in Section IV. It states: "Toxic drilling muds shall
be disposed of in a manner approved by the Supervisor and in con-
formance with applicable federal, state, and regional standards."
The Order also requires approved disposal'for the containers
in which chemical drilling mud additives were received. These,
too, would qualify as hazardous wastes according to mos-t 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.
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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 recom-
mended procedures suggest preferred methods by which the objectives
of the requirements can be met.
The recommended procedures of the guideline are based on
sanitary landfilling. If other techniques are employed, the opera-
tor of a disposal facility 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 indus-
trial 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 surface water.
OCEAN DUMPING
This discussion of the regulations applicable to ocean dumping
is Included because this method of disposal could be an attractive
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means of disposing of brines or other wastes generated by some
contemplated future uses of geothermal resources. The geographic
location of many geothermal fields near the ocean, or possibly
under it, suggests that the ability to use this as an environ-
mentally acceptable disposal method for some wastes could impact
very favorably on achieving an operating permit.
However, due to the varying nature of geothermal resources
and the wide variety of constituents they may contain, the dis-
cussion will be inconclusive on whether this avenue of disposal
would be generally open to geothermal residues. There is, in fact,
more evidence to support the conclusion that this would have to be
determined on a case-by-case basis.
Ocean dumping is regulated under Parts 220-227 Title 40 CFR
pursuant to the Marine Protection, Research and Sancturies Act of
1972 (P.L. 92-532). The Act implements the U.S. commitments made
by ratification of the "Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter."
The category of permit which appears to be the most accessible
for geothermal wastes is the special permit. An interim permit
might be achievable for sources existing today, but it will be very
difficult for new sources to attain, which for all practical purposes
seriously limits its use in an infant industry.
Which type of permit Issued depends on the constituents and
their concentrations in the wastes. No permit will be issued for
certain materials, some of which could be associated with geothermal
activity. These include:
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1.	Materials insufficiently described in terms of their
physical, chemical, or biological properties to permit evaluation
of their impact on marine ecosystems.
2.	Persistent inert synthetic or natural materials which may
float or remain in suspension unless they are processed so that
they will sink to the bottom and remain in place.
3.	Organohalogen compounds and compounds which may form such
substances in the marine environment.
4.	Mercury and mercury compounds.
5.	Crude oil, fuel oil, hydraulic fluids; etc.
The latter three classes of materials may, however, be dumped
under a special permit if the amounts are within specified limits as
follows:
1.	Mercury and its compounds are not present in any solid
phase in concentrations greater than 0.75 mg/kg (0.75 ppm) and the
total concentration of mercury in the liquid phase does not exceed
1.5 mg/kg (1.5 ppm).
2.	The total concentrations of organohalogens which, after
reasonable allowance in the mixing zone, will not exceed 0.01 of
a concentration shown to be toxic to appropriate sensitive marine
organisms in a bioassay carried out in accordance with approved EPA
procedures or otherwise shown to be detrimental to the marine
environment.
3.	The total amounts of oils do not produce a visible surface
sheen in an industrial water sample when added at a rate of one
part waste material to 100 parts water.
Wastes from industries which do not use or produce these constituents
are considered to contain them only in trace amounts and these wastes
also qualify for dumping.
Liquid wastes which contain none of the above materials (or
others not listed here) are regarded as basically non-toxic. Solid
wastes containing these constituents in insoluble form or soluble
form not exceeding the prescribed limits are also non-toxic in the
context of the regulations and both of these types of waste are less
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strictly regulated. Permit applications for these wastes may
be evaluated on the basis of the chemical composition and physical
nature of the waste without a bioassay.
The fact that this less severe treatment is accorded to another
type of solid waste may have particular significance to geothermal
operations close to or on the shoreline. It encompasses solid wastes
of natural minerals or materials compatible with the ocean environ-
ment provided they are:
1.	Insoluble above the applicable trace or limiting permissible
concentrations.
2.	Rapidly and completely setteable.
3.	Of a particle size and density that they would be deposited
or rapidly dispersed without damage to benthic, demersal, pelogic biota.
An interim permit may be granted when wastes do not meet the
above criteria for a special permit. However, this type of permit
requires an environmental assessment by the applicant of the potential
impact of the dumping, and the actual need for it and possible alterna-
tives will be reviewed in evaluating the permit application. The
decision to issue or deny a permit will be based in part on whether:
1.	A waste will be treated to the greatest feasible degree before
dumping.
2.	The process generating the waste is essential or could be
replaced with less polluting processes.
3.	Ocean dumping is environmentally and economically preferable
to other alternatives, such as land disposal or deep well injection,
after treatment.
An interim permit also requires the development and implementation
of a plan during the permit period to either eliminate the discharge
or bring it within the limit specified above. Implementation includes
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application of the 1977 and 1983 waste treatment technology levels
discussed in the water pollution regulation section above which
have not yet been established for geothermal operations.
The feature which will severely inhibit new operations in getting
interim permits is the requirement for advance completion of the
implementation plan. The totality of what this involves does not
lend itself to summary and is shown in full in Figure 1 along with
the implementation requirements. The difference in timing is the
most inhibiting factor to new facilities. Existing operations may
proceed with the process after the interim permit has been granted
and can acquire a new permit upon satisfactory completion of each
phase of the development and implementation of the plan. Completion of
Phase A is a precondition of permit award for new facilities.
CONTROL OF NOISE
The Noise Control Act of 1972 (86 Stat. 1234) vested the pri-
mary 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 equip-
ment of which an engine or motor is an integral part), and electrical
or electronic equipment. An unanswered question is whether such
products, manufactured in accord with the federal standards (40 CFR
Part 203), which exceed state or local noise standards are in
violation.
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FIGURE 1
EXERPT FROM SUBCHAPTER H - OCEAN DUMPING,
Title 40 CFR
Implementation Plan Requirements for
Interim Permits
§ 227.40 Implementation plan require-
ments for interim permits.
As a condition on every interim per-
mit, the applicant must carry out two
phases to bring his waste within accept-
able limits:
Phase A—Pianninq
(a)	Make a thorough review of the actual
need for the dumping:
(b)	Submit an evaluation of potential en-
vironmental Impact:
(1) Description of proposed action;
(3) Environmental impact of the proposed
action;
(3)	Adverse Impacts which cannot be
avoided should the proposal be Implemented;
(4)	Alternatives to the proposed action:
(I)	Land 1111;
(II)	Deep well Injection;
(III)	Shallow well Injection;
(iv)	Incineration;
(v)	Spread of material over open ground;
(vl) Recycling of material for:
(a)	Reuse in process
(b)	By-products;
(vll) Biological, chemical, or physical
treatment;
(6) Relationship between short-term uses
of man's environment and the maintenance
and enhancement of long-term productivity;
(6) Irreversible and Irretrievable commit-
ments of resources which would be Involved
in the proposed action should it be Imple-
mented;
' (7) A discussion of problems and objec-
tions raised by other Federal, State and local
agencies and by interested persons In the
review process;
The content of an acceptable plan for dif-
ferent waste materials will vary but the fol-
lowing requirements should be recognized
and met:
(a)	If the waste Is treated to the degree
necessary to bring It into compliance with
the ocean disposal criteria, the applicant
should provide a description of the treat-
ment and a scheduled program for treat-
ment and a subsequent analysis of treated
material to prove the effectiveness of the
process.
(b)	If treatment cannot be effected by
post-process techniques the applicant should,
determining the offending constituents, ex-
amine his raw materials and his total process
to determine the origin of the pollutant. If
the offending constituents are found in the
raw material the applicant should consider a
sew supplier and provide an analysis of the
new material to prove compliance. Raw mate-
rials are to Include all water used In the
process. Water from municipal sources com-
plying with drinking water standards is ac-
ceptable. Water from other sources such as
private wells should be analyzed for con-
taminants. Water that has been used In the
process should be considered for treatment
and recycling as an additional source of proc-
ess water.
(c)	If offending constituents are a result
of the process, It Is recommended that a
consultant be employed by the applicant to
Investigate and describe the source of the
constituents. A report of this Information
will be submitted to EPA and the applicant
will then submit a proposal describing possi-
ble alternatives to the existing process or
processes and level of cost and effectiveness.
(d)	Schedule and documentation for im-
plementation of approved control process:
(1)	Engineering plan.
(2)	Financing approval.
(3)	Starting date for change.
(4)	Completion date.
(6) Operation starting date.
(e)	If an acceptable alternative does not
exist, the applicant will demonstrate a com-
mitment to an Investigation of the problem
either by submitting an acceptable ln-house
research program or by employing a com-
petent research Institution to study the
problem. The program of research will then
be submitted by the permittee/applicant.
(f)	Schedule and documentation for im-
plementation of a research program:
(1)	Approaches.
(2)	Experimental design.
(3)	starting date.
(4)	Reporting intervals.
(5)	Proposed completion date.
(6)	Report of recommendations.
Phase B—Implementation
In no event will an interim permit be
granted for the dumping of materials which
do not meet the provisions of 9 227.3 unless
the permit applicant can: (a) demonstrate
the need for the proposed dumping as com-
pared to alternative locations and methods
of disposal or recycling, (b) demonstrate
that the need for the proposed dumping out-
weighs the potential harm which may take
place as a result of such dumping, and (c)
provide a satisfactory Implementation plan
covering future dumping activities and fully
adhere to the plan. For Industrial sources,
any such plan shall provide for:
(a)	By not later than July 1, 1977, the
application of the best practicable tech-
nology currently available for the removal
of such materials, as determined by the
Administrator;
(b)	By not later than July 1, 1983, the
application of the best available technology
economically available for the removal of
such material, as determined by the Admin-
istrator, which will result in reasonable
further progress toward the goal of achieving
compliance with the requirements of this
part.
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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 1 shows that if The Geysers
operations producing the sound levels indicated were located 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 run-
off from construction. 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 run-
off 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 soutces of
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TABLE I [4]
Comparison of Noise Levels Between The
Geysers Geothermal Area and Other Noise Sources
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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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 in-
terest 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 measureable standards which can be enforced.
It is not anticipated, however, that requirements of the types set
up to now in other jurisdictions to control erosion would have any
particular inhibiting influence on geothermal development.
CONTROL OF SUBSIDENCE
The few attempts to regulate subsidence are divided between
preventative measures and "after-the-fact" requirements. The pre-
ventative measures include the survey, benchmark, and monitoring
requirements of the federal geothermal 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 require-
ments after subsidence has occurred or is about to occur are total or
partial termination of operations. Wyoming has spelled out this proce-
dure in more detail than others and its regulation is shown in Appen-
dix I. It and all of tjie requirements are set forth below in the
federal, state, and county sections of this report.
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SECTION IV
ENVIRONMENTAL ASPECTS OF THE FEDERAL GEOTHERMAL
LEASING AND DEVELOPMENT PROGRAM
Federal leasing and regulatory authority in geothermal explora-
tion, 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 re-
sponsibility 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 was two-pronged. The Bureau of Land Manage-
ment 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 administrative aspects of the lease. The
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Geological Survey's implementation of the Act is spelled out in 30
CFR Parts 270 and 271; BLM's regulations are contained in 43 CFR
Parts 3000 and 3200. Many provisions are identical or nearly so
and are only addressed once in this discussion.
ENVIRONMENTAL IMPACT EVALUATION
The regulations require evaluation of the environmental impact
of geothermal 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 determines that development of a
lease would constitute "a major federal action significantly affecting
the quality of the human enviornment," 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 re-
view. Subsequent to issuance of a lease the Geological Survey pre-
pares 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.
A generic environmental impact statement was prepared in 1973 which
assessed the social, economic, and environmental effects of the whole
geothermal leasing program. It is hoped that because of the avail-
ability of this voluminous document [4] and the wealth of applicable
information it contains, that full-blown environmental impact state-
ments 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"
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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
environmental 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
As established by Secretarial Order No. 2948, issued October
6, 1972, the Bureau of Land Management, in cooperation with the
Geological Survey, formulates the general requirements of geothermal
leases and issues special stipulations, as necessary, which often
are concerned with environmental protection. The BLM is respon-
sible for monitoring for compliance with environmental protection
requirements outside the operating area and the USGS examines opera-
tions 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 opera-
tors for remedial action.
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The broad requirement for compliance with all applicable federal,
state, and local environmental standards in the geothermal regu-
lations 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 Environ-
mental Protection Agency pertaining to the use of poisonous sub-
stances 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 standards 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.
3.	Air pollution. The lessee shall control emissions from
operations in accordance with federal and state air quality stan-
dards and applicable local air quality standards.
4.	Erosion control. The lessee shall minimize disturbance,
to vegetation, drainage channels, and streambanks, The lessee
shall employ such soil and resource conservation and protection
measures on the leased lands as the Supervisor deems necessary.
5.	Noise control.. The lessee shall control noise emissions
from operations in accordance with federal and state noise emis-
sion standards and applicable 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, development, production and transportation
operations in a manner set forth in the approved plan of opera-
tion.
7.	Land subsidence, seismic activity. The lessee shall
take precautions necessary to minimize land subsidence or seismic
activity which could result from production of geothermal re-
sources 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
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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 con-
duct activities on discovered, known or suspected archeological,
paleontological, or historical sites in accordance with lease
terms or specific instructions.
11.	Restoration. The lessee shall provide for the restora-
tion of all disturbed lands in an approved manner.
The USGS regulations do not reference local environmental
control requirements 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.
The plan of operation, which must be approved by both USGS and
BLM, requires, among other things, a detailed presentation of the
layout of operations and narrative descriptions of proposed measures
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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.
A sample BLM geothermal resources lease is shown in Appendix
G. It will be seen that the lease does not specifically incorporate
the compliance language 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 operations (shown in Appendix H) does contain, in
Condition 1, the compliance language of the regulations.
Both the BLM and USGS regulations require lessees to submit
annual reports on measures taken to comply with environmental
requirements, although it Is understood that USGS no longer requires
the reports. It is felt that this type of monitoring for compliance
is form only and without substance. 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 number of lessees involved.
Lessees are also required to report within 24 hours occurrences
of significant environmental damage or noncompliance with standards.
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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 operators.
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 protec-
tion of historic or scientific values. The lease requires notifi-
cation of all historic 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 quali-
fied 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 national historic sites.
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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 four GRO's. They are:
•	GRO Order No. 1 - Exploratory Operations
•	GRO Order No. 2 - Drilling, Completion, and Spacing of
Geothermal Wells
•	GRO Order No. 3 - Plugging and Abandonment of Wells
•	GRO Order No. 4 - General Environmental Protection
Requirements
"Appropriate environmental protection and reclamation" measures
are required by each of the above GRO's.
GRO Order No. 4, promulgated on August 15, 1975, is applicable
to federal geothermal resources lands located in the USGS central
and western regions. Environmental protection is mandated for all
stages of exploration and development.
Generally speaking, regardless of its stated purpose, some
of the provisions 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 Supervisor 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
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compliance with any of the standards can be granted by the Super-
visor on a case-by-case basis. Conversely, 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:
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 decided by the Supervisor who will
consider each site's conditions in establishing the monitoring
rates. One year prior to submission of a production plan pursuant
to 30 CFR Section 270.34 (k), the lessee must acquire baseline
environmental data on air, water quality, noise, seismic and land
subsidence activities, and ecological systems.
The following impacts and accompanying requirements are set
out in the Order as being "protectable:"
• 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.
4 Land Use and Reclamation - Essentially, USGS requires that
geothermal operations disturb land, water, and vegetation as little
as possible. Operations and reclamation procedures are subject to
approval by the Supervisor and the surface management agency
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involved (BLM, Forest Service). Since multiple use of the
leased land is allowed, geothermal operations are not to inter-
fere unreasonably with other authorized uses. Entry to fragile
areas must be controlled by limited access routes or by use of
special vehicles.
•	Public Access - Such access is to be unrestrained except
when circumstances mandate controlled access to:
•	protect public health and safety
•	prevent undue intereference with oeprations
or security;
•	protect the public, wildlife, and livestock
from hazardous geothermal activity.
•	Recreation - Areas designed for recreation near geothermal
areas are to be "adequately protected" from degradation. Development
sites are to be located 61 meters 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.
•	Slope Stability and Erosion Control - Mitigating measures for
soil and natural resource protection are required to prevent sedi-
mentation from occurring in waterways.
•	Biota - Mitigation measures required to protect endangered
or threatened flora and fauna may exceed those required by the
lease. Under the Endangered Species Act of 1973 (87 Stat. 893)
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 cemetary or burial ground of any group or culture."
Preservation of historic sites shall be in accordance with Execu-
tive 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.
•	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 to
have occurred, then he may reduce or terminate operations or to
require seismograph monitoring equipment. Surveys shall be con-
ducted in accordance with county/state requirements, and bench
marks shall be established before "prolonged" production begins.
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•	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 conducted 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:
1.	Natural water shall not be contaminated by the
lessee. The rest of the environment shall be only minimally
affected.
2.	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.
3.	The Supervisor's approval is necessary for dis-
posal of solid wastes at approved sites.
4.	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.
5.	No water pollution is permitted to occur by
reason of pits and sumps. The lessee has to reasonably restore
the esthetic and natural resource values of the area when the use
of pits and sumps ceases.
6.	The lessee is required to train operating personnel
in pollution prevention methods.
•	In addition to the above requirements, noise levels may
not exceed 65 dB(A) unless all residents located within .8 km
(0.5 ud.) 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,
atmospheric 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
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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. Moni-
toring frequency shall be determined by the Supervisor.
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SECTION V
STATE STATUTES/REGULATIONS APPLICABLE
TO GEOTHERMAL DEVELOPMENT
This section consists almost entirely of summaries of state legis-
lation and regulations which will bear upon geothermal development. The
documents which relate directly to geothermal development are presented
first. It will be noted that while some of their provisions are reason-
ably 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 regula-
tions emphasizes the fact that very few of the potential pollutional
parameters of geothermal wastes are covered by existing numerical stan-
dards. It also raises the issue of whether some types of current standards
designed for other purposes can be applied to geothermal processes.
The first point is manifested by the fact that the predominance of
states have promulgated emission standards on only the six air contami-
nants for which EPA has set ambient air quality standards: sulfur di-
oxide, particulates, hydrocarbons (excluding methane), carbon monoxide,
photochemical oxidants, and nitrogen oxides. None of these gases are to
be found in the lists of gases typically associated with geothermal
resources, although it is understood that through reaction which occurs
in the power plant operations, small amounts of SO2 are generated from
hydrogen sulfide at The Geysers, Even if this were found to be uni-
versally true, SO2 emissions would not likely achieve the importance in
geothermal development which the summaries set out below attach to it.
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The emphasis given to this pollutant is there only because of the em-
phasis in the regulations and not because of a judgment of its relative
significance.
It is difficult at this point in the study to assess the applica-
bility, if any, of the hydrocarbon standards which exclude methane, and
those for carbon monoxide and oxides of nitrogen. It is assumed that
photochemical oxidants are not a problem In geothermal activities, but
they are included at this interim point to cover all bases.
The control of particulates illustrates the questionable applica-
bility of some existing standards. The most popular particulate emission
standard in the geothermal states is a case in point. In this standard,
allowable particulate emissions are calculated on the basis of process
weight per hour. Process weight can conceivably be interpreted to mean
the water or steam input, 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 of exhaust systems for controlling steam and heat
which do not contain combustion products from required pre-construction
If interpreted li-terally, this would mean that steam could be vented
which contains no fuels but which contains pollutants.
Odor will also be a troublesome parameter for the control agency
and geothermal operator alike where it is a characteristic of a given
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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 — vapora,
gases, dusts,or combinations thereof — must install odor control devices
or procedures specified by the state control agency. It is further re-
quired that such odorous materials be confined 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 gas-borne materials leaving the building are treated
by incineration or other effective means.
There are perhaps several alternative formats which could be used
for presenting the following state summaries. It has been decided, how-
ever, that the ability to compare 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 the state's documents
under one state listing. This appears needed especially because the
material does not lend itself to tabulation, largely because of the many
qualifications which surround numerical standards.
GEOTHERMAL RESOURCE STATUTES/REGULATIONS
The statutes enacted or regulations promulgated for the express pur-
pose of guiding the development of geothermal resources of 15 states
are summarized below. These include those for Alaska, Arizona, California,
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Colorado, Hawaii, Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon,
Texas, Utah, Washington, and Wyoming.
In summarizing state statutes and regulations applicable to geo-
thermal exploration, drilling, production, or use, very general provisions
common to many of them have been omitted for the sake of brevity. Man-
datory compliance 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 aban-
doned 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 suffi-
ciently common to applicable regulations that this practice is or prob-
ably 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.
The summaries include provisions which are germane to environmental
control only, and do not represent the content of the whole document.
In addition, provisions which duplicate the requirements of others are
not always repeated.
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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 super-
vision 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 regu-
lations, to prescribe leasing procedures and practices, and to lease
lands under statutory conditions and limitations.
In addition, the Director may, with the consent of the Commissioner,
impose additional conditions or limitations as he determines will best
serve the interest of the state. This is a very broad regulatory author-
ity in terms of the environmental requirements which could conceivably
be applied. More specifically, 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 pur-
poses of the section include the authority to enforce conservation prac-
tices and pollution contrdl measures.
Sec. 38.05.181 (p)(3) requires that geothermal wells be constructed
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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 assistance of the Department of Environmental Conservation in this
effort.
With the approval of the Commissioner, a permittee or lessee may
drill special wells, convert producing wells, or reactivate and convert
abandoned wells for the sole purpose of reinjecting geothermal resources
or their residue.
There is still another condition of a geothermal lease with a
potential for indirect environmental ramifications. This is the require-
ment that if the production or utilization of geothermal steam is sus-
ceptible 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 proteciton is
obviously inherent in this broad stipulation if the production of a
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byproduct results in pollution beyond that generated 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 regu-
lations 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 opera-
tions 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 re-
sources. This provision invokes the broad statutory authority given to
the Director.
Chapter 82, Alaska Administrative Code,
Mineral Leasing Procedure
There are no provisions in Chapter 82 which relate directly to en-
vironmental control. However, the production of data requirement in
11 AAC 82.805 could provide an indirect regulatory tool. This section
,5
requires that, "for purposes of determining compliance with the terms
and conditions of a mineral lease or compliance with the Alaska Statutes

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and the regulations adopted under them, the lessee of a state-issued
mineral lease shall furnish, upon request of the Director, a copy of all
factual data, which will include all pertinent tests, records, data sur-
veys and analyses conducted on or pertaining to the leased lands or pro-
ducts from them . . . All information submitted in accordance with this
section may be held confidential and shall only be used for the administra-
tion 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
environmental 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 authorized the Oil and Gas Conservation Commission to
oversee geothermal activity.
The environmental requirements include: (1) directive to the Com-
mission to prevent the discharge of any fluids or gases or disposition of
substances harmful to the environment by reason of drilling, operation,
maintenance, or abandonment of geothermal wells; (2) watertight casing
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for bore holes penetrating an aquifer to a geothermal resource below;
(3) construction and maintenance of all geothermal water and brine dis-
posal 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 pro-
ducing zones at the discretion of the commission,
(NOTE: The Arizona regulations governing leasing of lands for
geothermal development were not provided to the study. This is be-
cause leasing has been suspended pending a definition of geothermal
resources and their byproducts by the State Attorney Genera.1.,)
Rules and Regulations Adopted by
the Arizona Oil and Gas Commission
Pursuant to Title 27, Chapter 4,
Revised Statutes
These regulations deal primarily with drilling of wells and opera-
ting practices which are not of direct concern to this project. However,
the engineering and documentation requirements during drilling and test-
ing can be summarized as follows:
An application for a drilling permit must be accompanied by a plot
showing 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 application. The Commission is authorized to approve well-spacing
programs or prescribe modifications after giving consideration to factors
such as the following: (a) topographic characteristics of the area; (b)
hydrologic, geologic, and reservoir characteristics of the field; (c)
the number of wells that can be economically drilled to provide the
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necessary volume of geothermal resources for the intended use; (d) pro-
tection of correlative rights; (e) minimizing well interference; (f)
unreasonable interference with multiple use of lands; and (g) protection
of the environment. In order to assure a supply of drilling mud to
confine oil, gas, water, or other fluid to its native stratum during the
drilling of a well, operators must provide an adequate pit, either
earthern or portable* for this fluid or the accumulation of drill cut-
tings.
Casing requirements are spelled out in great detail in Rules G-107
through G-112, both for areas where pressures and formations are un-
known and where the subsurface conditions have been established. No
well may be directionally deviated from its normal course without per-
mission from the Commission and public hearing, except that wells may
be intentionally deviated for short distances 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
operations or when the well is allowed to produce while drilling. The
noise created by the expanding gases must be abated by methods approved
by the Commission.
There are two sets of environmental practices set forth under well
operating practices. The first is headed "Pollution and Surface Damage"
and reads as follows:
"The owner or operator shall take all reasonable pre-
cautions to avoid polluting streams, polluting under-
ground water, and damaging soil. If any deleterious
substances cannot be treated or destroyed, or if the
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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 opera-
tions under this Chapter to be conducted so as not to
pollute the underground water of the land upon which
the operations are being conducted, or pollute under-
ground waters of neighboring lands. Federal and State
air and water quality standards will be followed un-
less 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 popula-
tions, atmosphere, or any other effects which may
cause or contribute 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 earthern pits or by underground injection as authorized by the
Commission. Earthen pits must be constructed to prevent escape of
brines and entry of 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
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" Quality 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 jurisdiction of the Department
of Parks and Recreation, the Department of Fish and Game, and the
Division of Forestry, together with their applicable rules and regula-
tions. 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 Commission may require production or use of other of the geo-
thermal resources upon determination that this is economically feasible
and that a market exists for such production. Underlining is provided
to show the difference 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 residue thereof.
Title 2, California Administrative Code
Division 3, State Property Operations, Article 4.1 Leases and
Prospecting Permits for Geothermal Resources
In filing application for a geothermal prospecting permit the quality
and use of underlying groundwaters and adjacent surface waters must be
described, and the proposed methods of disposing of liquid, solid, or
gaseous wastes must be stated. These must protect and preserve exist-
ing land and water uses.
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The engineering and documentation requirements during drilling
and testing are set forth in the Section (2257) entitled "Development
Program." These are shown in full here because they are typical of re-
quirements which appear in one or another of the various state geothermal
regulations.
"DEVELOPMENT PROGRAM.
"(a) Operations under any lease or permit shall be carried
on in a safe and workmanlike manner in accordance with generally
accepted good engineering practice and dug regard shall be given
the protection of life and property, preservation of the environ-
ment 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 geothermal resources and to promote their
maximum economic recovery from, and the conservation of reser-
voir energy in, each zone or separate underground source of
geothermal resources. Such determination shall be based on
recognized 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 permittee shall drill a geothermal re-
sources well on or into state lands except on prior approval
of the State Lands Division and subject 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 notice 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 surface 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.
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"(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 circulating medium.
"Ci) No generating plants, buildings, structures, production
equipment, metering systems, pipelines or roads for the production
of geothermal resources shall be installed except on prior state
approval. Any changes in said equipment or facilities shall be
approved prior thereto. Maps, drawings and specifications for
said installations shall be furnished upon request.
"(j) Metering equipment shall be maintained and operated in
such a manner as to meet acceptable standards of accuracy. Use
of such equipment shall be discontinued at any time upon deter-
mination by the State Lands Division that standards of accuracy
or quality are not being maintained, with production stopped
until measurement accuracy has been obtained.
"(k) Lessee or permittee shall diligently maintain all wells
and continuously 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 aban-
donment . No well may be abandoned unless prior approval of the
method of abandonment has been obtained from the State Lands
Division."
Section 2263 prescribing measures for the protection of other re-
sources is also presented in full because its separate provisions
appear to illustrate the types of directives to which geothermal opera-
tors will be required to conform:
"PROTECTION OF OTHER RESOURCES.
"(a) The lessee or permittee shall remove the derrick and
other equipment and facilities within sixty (60) days after
lessee or permittee has ceased making use thereof in its opera-
tions.
"(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
V-14

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approved in advance by the state and kept in good condition.
"(c) All drilling and production operations shall be con-
ducted in such manner as to eliminate as far as practicable
dust, noise, vibration, or noxious odors. Operating sites shall
be kept neat, clean, and safe. Drilling dust shall be controlled
to prevent widespread deposition of dust. Detrimental material
deposited on trees and vegetation shall be removed. The deter-
mination as to what is detrimental is a state responsibility.
"(d) Wastes shall be discharged in accordance with require-
ments and prohibitions prescribed by the Regional Water Quality
Control Board. The State Lands Division and the state agency
having jurisdiction over the affected lands shall also approve
the place and manner of such waste disposal.
"(e) Lessee or permittee shall communicate with the Depart-
ment 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 building, construction, and movement of heavy equipment in
support of or relating to specific geothermal exploration or
development activities shall be conducted 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, includ-
ing 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 prohibited, and no brine, min-
erals, 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 sub-
merged lands covered by the lease or permit or otherwise avail-
able to the lessee or permittee shall be permitted to be con-
structed, used, maintained, or operated without obtaining any
and all permits required under applicable state and federal
law, rules and regulations, or complying with all valid ordi-
nances of cities and counties applicable to lessee fs or
permittee's operations, or without securing the written per-
mission of the State Lands Division specifically authorizing
the activity.
"(i) Existing roads and bridges on or serving the area
under lease or permit shall be maintained in a condition equal
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to or better than that before use. New roads and bridges shall
be located, constructed, and maintained in accordance with state
specifications.
M(j) Timber damaged, destroyed, or used on the area under
lease or permit shall be compensated for 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, pipelines, water developments, fences and other property
of the state or other lessees or permittees, and permanent im-
provements 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 controlled by the lessee or permittee to prevent ac-
cidents 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 dis-
posed 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 approval.
"(o) Lessee or permittee shall conduct its operations in
a manner which will not interfere with the right of the pub-
lic 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 sub-
stantial likelihood that continued operations would endanger public
health or safety or cause serious damage to property or the natural
environment.
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Colorado
Special Rules and Regulations Relating to
Geothermal Resources Leases
These regulations are administered by the State Board of Land Com-
missioners, Department of Natural Resources. However, the Land Board
has control over the disposition of solid and liquid wastes and air
emissions. To minimize 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.
During exploration, development, and production stages a geothermal
lessee is required to conduct his operations in a manner satisfactory
to federal 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 subsurface waters.
The geothermal lease form used by Colorado does not directly ad-
dress 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. New geothermal
regulations are in preparation.
Idaho
Drilling for Geothermal Resources, Rules and Regulations
and Minimum Construction Standards
Sections 42-4001-4015 of the Idaho Code conferred upon the Depart-
ment of Water Resources the authority to regulate the drilling, opera-
tion, maintenance, and abandonment of all geothermal wells in the state.
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The Department's authority also includes regulatory jurisdiction over
environmental hazards pertaining to the exploration and development of
geothermal resources.
The rules apply only to wells 1000 feet or deeper, including those
drilled for exploratory purposes. Wells shallower than 1000 feet are
not covered regardless of their purpose.
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 spac-
ing programs or prescribe modifications he feels are necessary for proper
development considering the same factors as those enumerated in the
Arizona regulations.
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 2.
There are additional blow-out prevention requirements established
both for explored and unexplored areas. A Department employee may be
present during 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 con-
ductor pipe until the well has been drilled to the total depth. Data
to be recorded include:
a.	Drilling mud temperature (in and out).
b.	Drilling mud pit level.
c.	Drilling mud pump volume.
V-19

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Figure 2
Excerpt from Idaho Rules and
Minimum Veil Construction Standards
f
K>
O
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 nut
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-weil 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.U 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.
4A3 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 fluids, protection of shallow usable
groundwater, and for adequate anchorage tor 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 leet 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 sh»ll
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
4.6.4
4.6.5
4.7
Regulations
for Geothermal Resources
series of low permeability, competent lithologic units such as
claystone, siltstone. basalt, etc., to insure a solid anchor fdV 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 ei;e 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. 80PE 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 Oirector. 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.
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.
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 snail 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 tie
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 SO feet, the lap shall be cemented solid,
and the lap shall be pressure tested to insure its-integrity.
Electric togging. 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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d.	Drilling mud weight.
e.	Drilling rate.
f.	Hydrocarbon and hydrogen sulfide gas volume (with alarm).
An annular BOPE (blow-out prevention equipment) with a minimum work-
ing pressure of 1000 PSX is required on the surface casing and the con-
ductor pipe. If drilling mud temperature out reaches 125°C, drilling
operations must cease.
In explored areas a gate valve with a minimum working pressure
rating of 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 30 feet of depth drilled.
Equally specific abandonment requirements are set forth which
cover type and placing of cement and use of drilling fluid in the pro-
cedure .
Hawaii
Hawaii Revised Statutes, Chapter 182, Reservation
Disposition of Government Mineral Rights
In 1974 the above statute was amended to include coverage of geo-
thermal resources. The only environmentally-oriented references are a
requirement that the resource shall be removed by means reasonable 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.
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Louisiana
Louisiana Act 78-1 to Amend Title 30 of the
Louisiana Revised Statutes of 1950,
Chapter 8, Geothermal Energy Resources
This Act vests in the State Mineral Board the exclusive authority
to lease state lands and lands in the public domain for geothermal de-
velopment. Before the Board may accept lease applications a statement
must be prepared on the potential effects of the development on state
lands and nearby private land. The owner of adjoining or nearby private
lands may petition a district court for an injunction if his property is
or would be adversely affected or exploited by a geothermal lease.
The Mineral Board is given very broad authority to attach additional
Stipulations to a lease, although full regulatory authority over drilling
and producing operations rests in the State Department of Conservation.
This Act has a unique provision which subordinates geothermal leases
to any oil, gas, or mineral lease "heretofore or hereafter" issued, and
geothermal operations are precluded from interference with operations
under any oil, gas, or mineral lease.
The Department of Conservation advises that it may seek to amend
this Act but specific provisions were not identified.
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
disposition of salt water. This is generally to be handled through
injection into subsurface formations not productive of hydrocarbons.
However, it may be disposed of in state-approved pits; into tidally
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affected water, brackish waters, or any other waters unsuitable for
human consuption 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 re-
quired 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 1000 feet or deeper. Such measures must cover prevention
or control of fires, soil erosion, 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 and with such other safety devices as may be necessary . . . and
use every reasonable effort to prevent blowout, explosions, and fires .
ii
* • •
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Nevada
Sections 2-5, Title 48 of Nevada Revised Statute
The legislation authorizes the state engineer to adopt regulations
to insure the proper development, control, and conservation of the
state's geothermal 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 probably 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 1500 feet of a residence,
school, or church; and highly mineralized 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 De-
partment of Geology and Mineral Industries to control the discovery and
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production of geothermal resources. The regulations which the Department
promulgated require lessees to use all reasonable means at their disposal
to prevent damage to any natural resource including trees and other vege-
tation; 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 the temperature, chemical composition, and other chem-
ical and physical characteristics 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.
Specific plugging methods and abandonment procedures are applied
as follows:
a.	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 25 feet below the top of each producing forma-
tion upward to a point at least 50 feet above each producing formation.
b.	A cement plug not less than 50 feet in length shall be
V-25

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placed below all fresh water bearing strata.
c. A 20-foot 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 cultivation and a steel plate welded over the casing stub.
Special conditions which apply to all deep well exploratory drill-
ing in Oregon were outlined in a September 2, 1975, memorandum from the
Director of the Department of Environmental Quality to the State Geolo-
gist. Perhaps its most significant feature is that the direct or in-
direct 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 required 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
exploration, development, and production on all public and private lands.
The General Land Office acts through the School Land Board to lease geo-
thermal/geopressured resources on Permanent School Funds lands 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). Wild-
life refuges and recreational areas, as in the federal Geothermal Steam
Act, are exempt from leasing.
The state Land Commission is required to incorporate in its leases
V-26

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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 develop-
ment. This power seems total until read conjunctively with the mandate
the Act confers 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 stringent environmental controls could be im-
posed by the Land Office on a lessee than those established by the
Railroad Commission.
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 provision 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 geo-
thermal/geopressured activity. However, rules and regulations pertaining
to geological 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.
V-27

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Railroad Commission Rules and Regulations
The Railroad Commission rules implement the Texas Geothermal Act.
The majority of the 80 rules concern themselves with the technological
requirements for oil and gas operations and not with the conservation
of the environment or geothermal/geopressured operations.
Environmental protection is aimed primarily at protecting the qual-
ity 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 waters nor are such resource waters
allowed to be discharged into a dry or flowing creek or 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 waste and
other materials which have had harmful or injurious constituents removed.
Rule 9 requires a permit for salt water disposal. 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 contamination of such formations.
Casing requirements for protection of freshwater sands that are or
may be a source of fresh water are set in Rule 13. No environmental con-
cerns are expressed.
If a source is found to be radioactive, it must be abandoned using
V-28

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procedures set out in Rule 35. The source is then prominently marked
for the protection of people who may come upon the source and wish to
drill,
If geothermal operations occur in an area where the hydrogen sul-
fide exceeds 100 ppm, operations must be conducted pursuant to Rule 36.
The operator is required to certify that precautionary procedures have
been taken to assure protection of employees and of any public or pri-
vate parties who may be exposed. If toxic fluids other than hydrogen
sulfide are discovered, the operator has to again certify the protective
measures taken.
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.
The amended rules of the Railroad Commission are confusing at times
because the words "geothermal resources" are sometimes omitted where the
language should appear. The regulation reads as if the Commission inter-
jected the words "geothermal resources" into rules it thought appropriate
and did not necessarily create rules that fully and adequately considered
geothermal resources.
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, Depart-
ment of Natural Resources, only on lands where the State of Utah owns
both the surface and mineral rights. Well permits are issued by the
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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
lease-hold, 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 guidelines 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 archaeological 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 definition 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
geothermal wells — the only instance of this found — although the state
is precluded from permitting operations where they would be prohibited
V-30

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under state or local land use laws or regulations.
Geothermal resources byproducts 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 ad-
minister 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 of the environment, and the conser-
vation 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 der-
rick, 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.
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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 operations. 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 place, 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 discharge 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 subsi-
dence which is shown in full in Appendix I. In brief, the Board may
require the permitter or lessee to suspend all or any part of his opera-
tions within 30 days when it receives evidence of subsidence. The per-
mitter 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. Other states do not have a
formal environmental impact review procedure, but cognizant state
V-32

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conservation or environmental agencies comment on proposed actions.
The California Environmental Quality Act of 1970 is probably as
comprehensive as any existing state statute requiring the prior evalua-
tion 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 Gysers 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 explora-
tion project [5]. The complaints are not directed toward the goals of
the Act per se, but to the administrative procedures involved in its
implementation [6].
Because of the importance attached to the implementing guidelines
and because 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 J. A comparison of the guideline summary and the Act will pro-
vide 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
Environmental Quality Act of 1970 (Public Resources Code Section 21000).
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They are to be followed by all state agencies, boards, and commissions,
counties, cities, regional agencies, and all other political subdivisions
of the state. The guidelines are called the "State EIR Guidelines."
This document covers 52 printed pages. Its major functions are to
establish 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 environ-
mental documents (including the EIR) required by the Act, and instructions
for interagency review and public participation. The major policy thrust
is that the state government 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, directly 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 project as specified in the Act. This definition is discussed
in more detail below.
Necessity for EIR
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 state-
ment of facts in a prescribed manner such as business licenses — are
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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 exer-
cise of judgment, deliberation, or decision on the part of the agency
with the responsibility to approve or disapprove a particular activity.
This is distinguished from the above ministerial project, approval of
which requires only a determination of conformity with applicable sta-
tutes, ordinances, or regulations.
Discretionary projects are first subject to an "initial study" or
preliminary 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 sub-
stantial 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 sub-
stantial body of opinion which considers 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
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the project — i.e., a sewage treatment plant creates more growth (pri-
mary) and new growth impacts upon the resource base, including air, water,
and energy use (secondary).
Projects are considered to have a potential for significant environ-
mental 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 silfcationj
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 a significant effect on the environment:
1. Impacts which have the potential to degrade the quality of
the environment or curtail the range of the environment.
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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 substan-
tial adverse 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 opera-
tions 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
li&pacts not considered in the initial 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 alternatives are utilized, however, the environ-
mental 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
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project.
Where individual projects are, or a phased project is, to be under-
taken and where the total undertaking comprises a project with signifi-
cant environmental 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 approved 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 comment should be
made upon the combined effect.
In cases where a project will require both a California EIR and an
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 mitigation 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 [7]
and 12 wells are needed for a 55 mw plant. It is reported [8] that all
of the EIR's prepared for this proven area look alike.
Lead Agency
In many instances, including geothermal development, a project re-
quires approval by more than one public agency. In this case, a "lead
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agency" is designated to take the principal responsibility for preparing
environmental documents and for approving a project. All other agencies
concerned must consider the Lead Agency's EIR or negative declaration
before initiating their own action on th$ project.
In the case of nongovernmental activity, the Lead Agency is the
public agency with the greatest responsibility for supervising or approv-
ing the project 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 jurisdiction will pass to the new State Energy
Resources Conservation and Development 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 reside.
The Lead Agency is directed to consult with all other responsible
agencies 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
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a reasonable fee to defray its own costs for preparing an EIR or nega-
tive declaration when the project requiring one is proposed by an appli-
cant outside the agency — i.e., an applicant is required to pay the
cost of a contractor.
If the Lead Agency prepares 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 summa-
rized 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 pro-
ject 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
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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 project, its effects notwithstanding. Measures to mitigate adverse
effects and alternatives where available are t6 be outlined including
identification of the levels of reduction.
Alternatives to the project itself or its location must be described
including 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-inducing 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 be held. (Underlining is
added for emphasis on the precise connotation of each of these terms.
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According to Section 15015 of the guidelines, "must" identifies a man-
datory element; "should" implies policy considerations and means that the
action should be taken in the absence of compelling, countervailing con-
siderations; and "may" identifies a permissive element which is left
fully to the discretion of the public agencies involved. There is a
major distinction here as discussed below under "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 revision; 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 require-
ments are noteworthy. The first of these is that public agencies should
carry out their responsibilities for preparing and reviewing 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
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recent unit at The Geysers. This compares with an average of 5.3 months for
for the whole permit procedure for earlier units [9]. 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 guide-
lines .
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 suggested for draft EIR's. It is noted specifically, however, that
a review period for 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.
If a reviewer (agency or person) fails to comment within a reason-
able 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 informal,
is a desirable goal. All agencies should make provision for such pro-
cedure 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
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on projects that may potentially affect the state's environment- The
state has no environmental impact act.
Arizona
"Requirements for Environmental Impact Statements" are followed by the
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 Proposed Action."
Colorado
A sunshine law in Colorado enables the public to attend,and comment
on any state action, including goethermal 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
has to be prepared if an action would have significant effects and use
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 shore-
line 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 jurisdic-
tion over a proposed action must make threshold determinations and then
submit a request for an EIS to the Commission. If the Commission then
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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 pro-
posed 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 submission 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
In 1971, the Environmental Policy Act was passed by the state (Chapter
238, L. 1971. Rev. Code Mont. Sections 69-650, et seq.), and in 1973,
"Revised Guidelines for Environmental Impact Statements" were issued.
The Environmental Quality Council Is responsible for reviewing and coor-
dinating all EIS activity. If a private party such as a geothermal
developer must obtain a license, an EIS must be prepared if the action
would significantly .affect the quality of the human environment. On the
state level, an EIS must accompany every recommendation or report on
proposals or other major actions. The leasing of state lands for
geothermal development would fall within the purview of the Environmental
Policy Act.
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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 De-
partment of Environmental Quality may "advise, consult, and cooperate"
with other agencies in matters pertaining to protection and enhancement
of Oregon's environment.
Texas
The Interagency Council on Natural Resources and the Environment
published 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 August 27, 1974, by the Governor, to issue an EIS for every state
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action it proposes or is administratively responsible for. An Environ-
mental Coordinating Committee ("ECC") was established to advise, oversee,
and review environmental impact statements by the relevant state agencies.
The ECC's comments and determination as to the significance of the im-
pacts are then forwarded to the Economic and Physical Development Inter-
departmental Coordination Group, which will then repeat the procedure
followed by the ECC. The Governor is then informed of these determina-
tions and approves or rejects the findings. The proposing state agency
is responsible for any EIS preparation and for submission of said docu-
ment to the above-mentioned parties. "Significant" includes impact for
mineral resource development, from archaeological impingement, 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 corpora-
tions, fall within the jurisdiction of the Act. If a government agency
takes action with respect to a private or state party and the action is
major and significantly affects the quality of the environment, an
environmental impact statement 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
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accordance with the Environmental Policy Act. Separate agencies are
requested to issue internal guidelines so as to facilitate the environ-
mental review process. Threshold decisions are required for determina-
tion of whether an EIS is necessary. The Washington Council on Environ-
mental 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 adversely. 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 activi-
ties that do not, by definition, include geothermal resource development.
AIR POLLUTION
A review of the air pollution regulations of 13 states and four
counties in California with known geothermal resources has substantiated
the fact that many of their provisions are similar to each other and
Identical in some cases. There are several reasons for this. In addi-
tion 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
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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 geo-
thermal developers are not likely to find a state which is an air pollu-
tion control "haven," so to speak, at least insofar as the language and
numerical limitations of the regulations are concerned. The history of
environmental regulation 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
regulation which are more general in nature. Procedures, as such, are
omitted, including hearing procedures. Hearings are provided for by
most states and the federal government at almost any point in the regu-
latory process when they are in the Interest of the operator and/or the
public. This assurance is virtually guaranteed by the NEPA-type process.
Permits
Virtually all states require permits for the construction, modifi-
cation, 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. In some cases,
an existing source must obtain an operating permit. Whatever the
nomenclature, the requirements are very similar.
The information required is quite comprehensive. It may include
any or all of the following: a description of the production processes
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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; estimated 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 schedule 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
geothermal operators than for established industries because of the un-
knowns, or at least uncertainties, surrounding several of the facts
which must be provided. Emission character and control equipment
efficiencies will be particularly difficult to forecast due to lack of
experience.
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 Alaska and Arizona's regulations. Requests for
variances are generally on the basis that compliance with a given require-
ment or requirements would cause an unreasonable hardship. This claim
must be factually supported. The control agency then must determine the
relative advantages and disadvantages to the public of the proposed
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(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 becore more stringent as follows:
E - 3.59 P0-62
E = 17.31 P0-16
The hourly emission rate then drops to about 2.25 and 46.72 pounds
per 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, although the allowable emission is reduced if the
height is less than specified.
In most cases, "process weight" means the total weight of all mate-
rials introduced into any specific process which may cause particulate
emissions. The State of Wyoming, however, has excluded "the weight of
any water, water vapor, or steam."
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
emiissions 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
operations, opacity is the controlling interest. However, in many cases,
when opacity exceeds the standard because of the presence of uncombined
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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 ^ig/m as an annual geometric
mean and a maximum 24-hour concentration of 150 ^ig/m3 not to be exceeded
more than once per year. By 1980, Colorado will impose a 24-hour limit
of 45^ig/m3 statewide. Montana adopted the primary 24-hour standard of
75 ^ig/m^ but a lower annual mean of 200 ^ig/m^ as opposed to 260 in the
federal primary standard. The Idaho regulations embrace both the pri-
mary and secondary standards and apply them to all areas of the state
outside a property line. No dates for achievement of either level are
given.
Still another type of particulate control which will be of concern
during the site preparation and drilling phases of geothermal development
is the control of fugitive dust. Nearly all states require use, where
possible, of water or chemicals for control of dust during the clearing
of land, construction operations, and grading of roads. There are also
various specific requirements for gravel use and paving and
•ome 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 environmental controls he finds
he must undertake, there are no such requirements which could conceivably
affect the pace of geothermal development.
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Sulfide Dioxide Standards
In several of the states surveyed there are no emission standards
on sulfur oxides which could be interpreted as applicable to geothermal
production 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 SO2 emission standard was found in Idaho,
Montana, New Mexico, Oregon, or Wyoming. Utah simply requires new in-
stallations with a potential for emitting sulfur compounds to avoid
exceeding the national primary and secondary ambient air standards and
new source performance standards and existing installations to control
sulfur emissions in such a manner that the standards shall never be
exceeded.
Colorado presently places a 500 ppm SO2 emission limit on existing
process units, and new sources are limited to 500 ppm with a 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 150 ppm
SO2 or below. The Colorado sulfur standard includes all oxidized forms
of sulfur including sulfuric acid mist. The Washington state emission
limit is 1000 ppm as is that of Lake and Sonoma Counties, California.
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 origi-
nates in the material being processed (excluding sul-
fur from all solid, liquid, or gaseous fuel), in ~
excess of 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
(pounds) per hour.
Where: "E" is the allowable sulfur emission in kilo-
grams (pounds) per hour.
"P" is the total feed sulfur in kilograms
(pounds) per hour.
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In Arizona, reduced sulfur emissions — including sulfur dioxide,
sulfur trioxide, and sulfuric acid — are limited to 10 percent of the
sulfur entering the process as feed.
In Mendicino County, California, there are SC>2 emission standards
based on ground-level measurement. The limits are 2.0 ppm at any time,
0.04 ppm for a 24-hour average, and 0.5 ppm for a one-hour average.
The Northern Sonoma County regulations place limits on sulfur emis-
sions from sulfur recovery units producing elemental sulfur. There are:
1.	300 ppm by volume of sulfur compounds calculated as SO2
2.	10 ppm by volume of H2S
3.	200 lb/hr of sulfur compounds calculated as SO2
Discharges containing less than 10 pounds per hour may be diluted to meet
the standard. In Imperial County, emissions
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the very stringent ones of Montana described earlier. The Idaho regu-
lations contain 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 detect-
able 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 dilutions is seven; in Nevada, it is eight. In Colorado, 15
dilutions are permitted 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 viola-
tion .
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 develop-
ment 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
V-56
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state which follow are not intended to summarize entire sets of regula-
tions. Instead, they point up interesting facets of regulations not
included in the above summaries or set forth unusual provisions not
found in the others.
Air pollution control in Alaska is authorized by Title 45, Alaska
Statutes, Water, Air, and Environmental Conservation; the Department of
Environmental Conservation is given implementing authority.
Local air pollution control programs are authorized whose require-
ments 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 re-
quirements .
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 the 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 Depart-
ment of Environmental 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.
Alaska
Title 18, Chapter 50, Alaska Administrative Code
Air Quality Control
These regulations include an ambient air quality standard for re-
duced sulfur compounds — a 30-minute maximum
V-57
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exceeded more than once per year. In some instances, this class of
pollutants is expressed as H£S on a dry basis which is the case with an
Alaska emission standard relating to those compounds emanating from
kraft pulp mills. However, there is presently no H2S emission standard
applicable to other types of sources. It is interesting from the stand-
point of the handful of existing geothermal operations to note that
Alaska has prepared its regulations in advance to meet the eventuality
of kraft pulp mills of which it presently has none.
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
Arizone Revised 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 pollu-
tants 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:
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Non-Specific Particulate Staridard
Goal
Max. 24-hr. arithmetic average -
150 ^ig/m3
Non-Methane Hydrocarbons Standard
Maximum 24-hr average -
100 ^ig/m^
Goal
3-hr. average (6-9 a.m.) - 160jig/m? 3-hr average^(6-9 a.m.) -
Photochemical Oxidants Standard
1-hr. average - 160 ^lg/m^
Carbon Monoxide Standard
1-hr. average - 80^ig/m3
Goal
1-hr. average - 40 mg/tP
8-hr. average - 10 mg/m^
8 hr. 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,
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 Northern Sonoma County where The Geysers are
located, neighboring Lake County, Mendocino County, and Imperial County
were reviewed as representative of the known geothermal areas.
In Sonoma County ground-level concentrations of total reduced sul-
ful (TRS) compounds are limited to 0.03 ppm for 60 minutes expressed as
H2S. TRS emissions are limited to 60 ppm by volume or to total daily
V-59
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weight calculated by the formula, whichever is more restrictive:
TRS (lb/day - 0.12 (H3)2
H3 - height in feet of the emission point above mean ground
elevation. Minimum ground elevation is computed as the arithmetic average
of the highest and lowest ground-level elevations within a 1000 yard
radius of the emission point.
In Mendocino County the allowable fallout particulate matter is
limited to 15 tons per square mile in a residential or commercial area,
based on a one-month averaging period,and 30 tons/m2 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 state ambient air quality standards are shown in Table 2.
Colorado
The Colorado Air Pollution Control Act of 1970 gives the Air Pollu-
tion Control Commission, Department of Health, the Power to adopt imple-
menting regulations. Pertinent features of these which are not summarized
above follow:
Ambient Air Standards for Metropolitan Denver
Air Quality Control Region, Air Quality Con-
trol 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 second is much more restrictive. However, through graduated
reductions in the urban standards all areas in the state will become
subject to the same standard in 1980.
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TABLE 2
AMBIENT AIR QUALITY STANDARDS
Pollutant
Averaging Time
California Standards *
National Standards*
Concentration3
Method*
Primary3' 5
Secondary 3' *
Method7
Oxidant
(O'one)
1 hour
O.JO ppm
<200 ug/m3)
Ultraviolet
Photometry
160 ug/m3
(0.08 ppm)
Same as
Primary Std.
ChemHummescent
Method
Carbon Monoxide
12 hour
10 opm
<11 mg/m3)
Non-Dispersive
Intrared
Spectroscopy

Same
Pimury
Stdn&ii dv
NoonispCMW
tt»tl«MOO
SpuciMitcnpy
t hour
-
10 mq/m^
(«> ppm)
1 hour
40 ppm
<46 mg/m3j
40 mg/m}
ppm}
Nitrogen Dioxide
AnnOal Average
-
Sattzman
Method
100 ug/m3
(0.05 oom)
Same as
Primary
Standards
Proposed:
Modified J-H
Saitzman (Ojcorr.)
Che mi luminescent
1 hour
0.25 ppm
(470 ug/m3)
—
Sulfur Dioxide
Annual Average
-

60 ug/m3
(0.03 ppm)
-¦
Perarosamline
Method
24 hour
0.04 opm
(10S ug/m3)
Conductlmetrlc
Method
365 ug/m3
(0.14 ppm)

3 hour
-

—
1300 ug/m3
(0.5 ppm)
1 hour
0.5 ppm
(2 320 ug/m3)

—
-
Suspended
Particulate
Matter
Annual Geometric
Mean
60 ug/m3
High Volume
75 ug/m3
60 ug/m3
High Volume
Sampling
24 hour
100 ug/m3
Sampling
260 ug/m3
250 ug/m3
Laad
30 Day
Average
1.3 ug/m3
High Volume
Sampling,
Dithixone
Method
—
-
-
Hydrogen Sulfide
I hour
0.03 ppm
|43 ug/m3)
Cadmium
Hydroxide
Sudeten
Method
—
- ¦
-
Hydrocarbons
(Corrected for
Met nana)
3 hour
(6*9 a^n.)
•
—
160 ug/m3
(0.34 ppm)
Same at
Primary
Standards
Flam, ionization
Oatactlon Uung
Gat Cftromalojrapny
ethylene
• hour
0.1 ppm
-
—
-
-
1 hour
0.5 ppm
visibility
Reducing
Particles
1 observation
In sufficient amoi
reduce the orevai
to lass than 10 mi
relative humidity
jnt to - (8)
ing visibility
tes when the
is less than 70%
—
-
-
NOTES:
t. CaHform# standardsare values that art not to be equaled or exceeded.
2.	National standards. other tKan 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 tabfe refers Co ppm by volume, or
micromoles of pollutant per mote of gas.
4.	Any equivalent procedure which can be shown to the satisfaction of tha
Air Resources Board to give equivalent results at or near tha leva! of the
a* quality standard may be used.
ft. National Primary Standards: Tha levels of air quality necessary, with an
adequate margin of safety, to protect tha 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 IEPAI,
13/2/75 ARB PACT SHEET 3*
6.	National Secondary Standards: The levels of air quality necessary to
protect tha public welfare from any known or anticipated adverse
effects of a pollutant. Each stare must attain the secondary standards
within a "reasonable time" after implementation plan is approved by
the EPA.
7.	Reference method mdescribed 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.
8.	Prevailing visibility H defined as the greatest visibility which is attained
or surpassed around at least half of the horizon circle, but not
necessarily in contiguous sectors.	*
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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 SO2
concentrations. The permitted increments are very small: 3^ig/m^ to the
annual mean level of 50	15 ^ig/m^ to the 24-hour maximum of 260
^lg/m^, and 75^ig/m3 to the three-hour maximum of 1300 ug/m. 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
applicable to manufacturing processes outside of residential or commercial
areas could be beneficial to geothermal development. While these re-
quire 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, regard-
less of the above, odors detectable after 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
considered to be highly toxic. For the most part, the regulation is
V-A9
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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 subse-
quently amended 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 po-
tential interest to the geothermal industry in addition to the six
required. These include:
Sulfuric Acid Mist:
Primary and secondary standards: Max. 24-hr. concentration - l^^g/m^
not to be exceeded more than once/month
Max. 1-hr. concentration - 30^ig/m^ not to be exceeded more than
twice/week.
Fluorides:
Primary and secondary air quality standards are those concentrations
in the ambient air which result in a total fluoride content in vegetation
used for feed and forage of no more than:
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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.
Settleable Particulate
Primary and secondary standards are: 0.8 mg/cm2/mo. not to be ex-
ceeded more than 25 percent of the time.
Montana
The Air Quality Bureau, Environmental Services Division, Montana
Department of Health and Evnironmental 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
geothermal industry is concerned is the very stringent odor control de-
scribed above. The application of the only other similar standard found
was limited to animal rendering plants. The oddity is, however, that as
strict as the regulations are in one sense, they do not define odor
except as "that property of an emission with stimulates the sense of
smell."
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 federal lands which are classified as wilderness areas under the
V-64
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Wilderness Act, P.L. 88-577. Whether geothermal activity would be per-
mitted 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, Multnomah,
and Washington) a provision which requires capture of air contaminants
which .would otherwise be emitted through doors or windows and transfer
to air pollution control equipment. The most efficient and best prac-
ticable 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.
Utah
Air conservation regulations were adopted by the Utah Air Conserva-
tion Committee and the State Board of Health pursuant to the Air Conserva-
tion Act. The Division of Health, Department of Social Services, 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 construction of exhaust systems for controlling steam and heat
which do not contain combustion products.
V-65
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Nevada
The portions of Nevada's Air Quality Regulations dealing with sta-
tionary sources are administered by the Department of Human Resources.
Air Quality Regulations
While it may not be unique, Nevada has incorporated a somewhat unus-
ual provision on "Confidential Information." It prohibits the certifica-
tion as confidential emissions of an air contaminant which is the subject
of an ambient 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 identi-
fication of pollutants would tend to disclose something about the charac-
ter of the resource in a given area, this does not appear to share the
competitive consequences of disclosing the nature of material input to a
product. This section also provides that information certified as con-
fidential can be used in the prosecution of violations of any air pollu-
tion statute, ordinance, or regulation.
The Nevada regulations require the air pollution control agency to
Investigate 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 ex-
posed, if fewer than 20 are involved). The rest of the standard is
based on eight dilutions as discussed above.
Nevada provides 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
V-66
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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 condition of
the certificate that an operator conduct ambient air quality moni-
toring at the facility site for a reasonable period prior to
commencement of construction and for any specified period after
the source has commenced operation. Another paragraph provides that
the environmental evaluation consider "existing ambient air concen-
trations , . . measured with approved methods at approved site loca-
tions for not less than one year." (Emphasis added.)
Nevada also requires that sources of sulfur emissions utilize
Supplementary Control Systems to provide rapid curtailment of the
rate of sulfur emissions during adverse meteorological conditions.
These systems are to include continuous sampling of wind character-
istics 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 quality, or
as an alternative at the discretion of the director, approved thres-
hold 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.
Wyoming
The Wyoming regulations were promulgated pursuant to Chapter 9.1,
Articles 1-11, Wyoming Statutes, 1973 Cumulative Supplement and are
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administered by the Division of Air Quality, Department of Environ-
mental 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/SC^/lOOcm^,
maximum annual average, measured as a sulfation rate by the lead per-
oxide method. The H2S standards are as follows;
1.	70 p.g/m^ H2S, 1/2 hour average not to be exceeded more than
2 times per year;
2.	40^ig/m3 H2S, 1/2 hour average not to be exceeded more than
2 times in any five consecutive days.
These are based on measurements by the mercuric chloride, methylene
blue, or other equivalent method. 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.
The ambient air standard for fluorides measured as hydrogen
fluoride is:
0.80^jg/m^ (1 ppb) 24-hour average or when the concentration of
fluorides in forage for animal consumption, measured as fluorine,
dry weight basis is 25^g/gr.
The standard for gaseous fluorides measured by the sodium formate
paper method or equivalent is 0.3 lig/cm,^ maximum 30-day value.
V-68
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In defining the process weight per hour used to calculate
allowable emissions under a particulate standard predicated on pro-
cess 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
odor emissions at the property line to those that are detectable
after seven dilutions with odor free air as determined by a scento-
meter or of lower strength. Two measurements within one hour
separated by at least 15 minutes are required.
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 property 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 public health, safety, or welfare, or damage to property or busi-
ness. The construction of a new stationary source may be prohibited
which would cause significant deterioration of the air quality of
areas where the quality already exceeds the SO^ and particulate
V-69
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ambient air quality standard. "Significant deterioration" is not
defined.
Texas
The Texas Air Control Board operates under the Texas Clean Air
Act, codified as Article 4477-5. 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 stan-
dards which do not appear in the requirements of the other state's
surveyed. These prohibit emissions which exceed any of the following
ground level concentrations:
100/ig/m^ of air sampled, averaged over any five conse-
cutive hours
200^jig/m^ of air sampled, averaged over any three conse-
cutive hours
3
400 figfm of air sampled, averaged over any one-hour period.
Maximum ground level concentrations of SO2 are also set which vary
over the state. They are 0.28 ppm averaged over a 30-minute period
in Galveston and Harris Counties, 0.32 ppm in Jefferson and Orange
Counties, and 0.4 ppm in the rest of the state with some exceptions
in El Paso County.
The maximum permissible ground level concentrations of hydrogen
sulfide are 0.08 ppm averaged over a 30-minute period if the downwind
concentration affects a property used for residential, business, or
commercial purposes and 0.12 ppm if the effect is on industrial pro-
perty and land not normally occupied by people.
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Sulfuric acid emissions may not exceed:
1.	A net ground-level concentration of 15 ^ig/m-3 of air
averaged over any 24-hour period; or
2.	A net ground level concentration of 50^ig/nP of air
averaged over a one-hour period of time more than once during
any consecutive 24-hour period; or
3.	100^ig/m^ of air maximum at any time.
This regulation sets a limit on the emission of gaseous inor-
ganic fluoride compounds which purports to be an emission limitation
to support the ambient air standard for inorganic fluorides. It limits
these emissions to 6.0 ppb by volume average during any three conse-
cutive hours. However, instructions are then given for measuring
upwind and downwind concentrations and allotting a contribution to a
single source. It is thus assumed that the numerical value refers
to the ambient concentrations and not to the emission itself.
Mew Mexico
Air pollution is controlled in New Mexico under the Air Quality
Control Act, Chpater 277, Laws of 1967 as amended, which is administered
by the Environmental Improvement Board.
Air Quality Control Regulation Number 100
These regulations contain ambient air quality standards for I^S.
The limitation is 0.003 ppm for some areas of the state and 0.030 ppm
In others.
WATER QUALITY
As this report has pointed out previously, the primary mechanism
for control of water pollution emanating from geothermal operations
are the NPDES discharge permit, issued either by EPA or states who
V-71
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have qualified to manage their own program, and state water quality
standards. The water quality standards assume an importance for
this industry which may not attach to those industries for whom EPA
has established effluent limitations guidelines.
The standards consist of water quality 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. In the absence of industrywide
limitations on the actual amount of each pollutant which may be law-
fully 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.
Many state waters are classified according to use. The classi-
fications 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 and are permitted by the
federal Water Pollution Control Act to be more stringent than the
federal water quality criteria [103 -
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
V-72
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on where the 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 esthetics
Pish, other aquatic life, and wildlife
Agricultural use
Industrial use
Some states employ even further breakdowns. A common one is differ-
entiation among waters suitable for potable purposes with: 1) only
simple disinfection, 2) after removal of naturally occurring para-
meters, and 3) after treatment equal to coagulation, sedimentation,
filtration, and disinfection. The criteria graduate to less stringency
with less demanding designated uses.
In many cases the 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.
Excess nutrients which cause slime growths or other
nuisance aquatic growths.
Visible concentrations of oil, sludge deposits, scum,
or foam.
Objectionable turbidity.
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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 treatment and/or control
of wastewaters. Another paragraph, which originated as model
legislation at the federal level, is the antidegradation require-
ment that waters whose quality exceeds the standards will be main-
tained at their existing high quality.
This concept is, of course, consistent which the stated objec-
tive 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 summaries of state water quality standards which follow are
thus limited for the most part to numerical criteria. This is the
area of most variety among them.
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 preceeded by summaries of two other documents. The first is
the California state statute authorizing the regulation of water quality
V-74
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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 Dis-
charge Reports and Requirements." This is the state's implementa-
tion of the NPDES permit program which will through necessity
indirectly utilize water quality standards to provide effluent
limitations. These standards are set on a regional basis in
California; some of them will be utilized in Phase II of this
project to calculate sample limitations which may be required.
Porter-Colone Water Quality Control Act,
Division 7, Water Quality
This Act establishes the authority of the state to regulate
all activities and factors which may affect the quality of the state's
waters. It places the responsibility for administering the statewide
water quality control 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 Pollu-
tion Control Act, and, as such, implements the NPDES permit system
V-75
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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 board
precludes cities and counties from adopting and enforcing more
stringent regulations or to prohibit nuisances..
The regional water quality control plans designate: (1) benefi-
cial uses to be protected; (2) water quality objectives, and (3)
programs of implementation needed for achieving water quality objec-
tives. 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 conditions 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 affect water qualty 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
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
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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 requirements 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 discharges of wastes into streams are privileges,
not rights — i.e., regardless of whether a discharge is made pur-
suant to waste discharge requirements (permit) it does not create
a vested right to continue the discharge.
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 operator setting forth a monitoring and reporting
program to be followed is shown in Appendix C. It covers both waste
materials destined for land disposal 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 provisions of the Federal Water Pollution Control Act. In effect,
the discharge requirements (permits) must ensure compliance with any
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applicable effluent limiations, more stringent effluent limitations
to meet water quality standards, national standards of performance,
toxic and pretreatment effluent standards, and ocean discharge criteria.
As discussed elsewhere in this report, no effluent guidelines related
to geothermal production have been promulgated and none are recommended
at this time. The federal ocean dumping regulations have also been
covered previously.
Discharge requirements (permits) are adopted for a fixed term
not to exceed 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 moni-
toring equipment and sampling procedures.
A civil penalty not to exceed $10,000 is imposed for each day of
discharge not in compliance with the waste discharge requirement or
which violate a cease and desist order or any of the federal require-
ments listed above. In addition, the discharges may be subject to
a preliminary or permanent injunction.
Where such non-complying discharges are deemed a wilful 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 require-
ments 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:
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1.	Filing of a detailed time schedule by a discharger to
show the specific 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) comply in accordance with a set time schedule, or (c) take
appropriate remedial or preventative action.
3.	Prohibitory or mandatory injunctions, either preliminary or
permanent.
Enforcement actions of the regional boards are subject to state
board review.
A discharger is allowed to comply with his discharge require-
ments (permit), state or regional board order, or court decree
in any lawful manner. The state cannot mandate the specifics of his
compliance steps with one important exception. This is the disposi-
tion of solid waste which requires special handling to prevent leak-
age 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 intended to be used as, or is
suitable for, a source of water supply for domestic
purposes. Notwithstanding the foregoing, when a regional
board finds that water quality considerations do not pre-
clude controlled recharge of such stratum by direct injec-
tion, and when the State Department of Health, following
a public hearing, finds the proposed recharge will not im-
pair 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.
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Title 23, Waters, State of California.
Administrative Code
These regulations, shown in full in Appendix K, spell out the
NPDES discharge permit procedures in elaborate detail. The sec-
tion which deals with the application of effluent standards and
limitations and water qualty 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 board discretionary area by stating that "waste
discharge requirements (permits) shall contain effluent limits
and other conditions necessary to carry out the provisions of the
Federal Water 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 condi-
tions must be brought into compliance.
Alaska
Title 18, Chapter 70, Water Quality Standards
Alaska Administrative Code
These standards were adopted pursuant to Title 46, Alaska Statutes,
Water, Air, and Environmental Conservation.
Seven water use classifications are established as follows:
1.	Class A. Water supply, drinking, culinary, and food proces-
sing without the need for treatment other than simple disinfection
and simple, removal of naturally present impurities.
2.	Class B. Water supply, drinking, culinary, and food proces-
sing with the need for treatment equal to coagulation, sedimentation,
filtration, disinfection, and any other treatment process necessary
to remove naturally present Impurities.
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3. Class C. Water contact recreation.
A. Class D. Growth and propagation of fish and other aquatic
life, including waterfowl and furbearers.
5.	Class E. Shellfish growth and propagation, including
natural and commercial growing areas.
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 general the same parameters covered by the federal water quality
criteria [10]. 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 discharges by existing sources as soon as possible but no later
than July 1977. New sources are to conform at the time of construc-
tion.
Title 18, Chapter 72, Alaska Administrative
Code, Wastewater Disposal
Perhaps the most significant aspect of Alaska's wastewater dis-
posal regulations related to geothermal development is that the sub-
surface discharge of industrial liquid waste is prohibited, except
that material from or for production of pertroleum 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 regula-
tions has been or will be construed to include geothermal production.
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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 i's one which requires
that designs for treatment works in remote areas be proven in compar-
able environmental situations. Such systems must also be designed
to operate successfully under seasonal- or perennial frost conditions.
Arizona
Water Quality Standards for Surface Waters
The numerical values on all parameters in the Arizona standards
are very much in line with the federal criteria except that they add
mercury to the list of chemicals covered and set a 0.005 mg/1 limiting
concentration. This compares with a 0.002 mg/1 limit in the federal
drinking water regulations. The same limits are applied to the list
of substances regardless of water use which has the effect of making
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
Cyanide	0.2
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Phenol
Selenium
Mercury
Lead
Silver
Zinc
0.005
0.05
0.001
0.01
0.05
5.0
Turbidity in waters for recreational and esthetic 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 exceed 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 activi-
ties including, but not limited to, construction, mining, logging,
and related land uses.
Thermal discharges become a factor in the fish, aquatic life,
and wildlife 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 5°F above
the monthly average of the maximum daily water temperature prevail-
ing in the water or stream section under consideration; nor shall
heat be added in excess of that amount that would raise the stream
temperature above 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 through March) shall not be raised
above 55°F and summer temperatures (April through October) shall not
be raised above 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 2°F above
the monthly average of the maximum daily water temperatures prevail-
ing in the water or stream section under consideration. These pro-
visions shall not apply to lakes or impoundments owned by a firm or
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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
incidental use. A primary use in 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 incidential 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.
Colorado
Water Quality Standards and Stream Classification
The Colorado water quality standards are summarized in Table 3
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 A^ or A^ are waters suitable for or to become
suitable for all purposes for which raw water is customarily used,
including primary contact recreation, such as swimming and water
skiing. The differences between A^ and A^ requirements, as shown in
the table are in the dissolved oxygen levels and temperatures, with the
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TABLE 3
MATER QUALITY STANDARDS SUMMARY


CLASS

STANDARD
A|
a2
B,
b2
Settleable Solids
Free Fran
Free From
Free From
Free From
Floating Solids
Free From
Free From
Free From
Free From
Taste, Odor, Color
Free From
Free From
Free From
Free Fron
Toxic Materials
Free From
Free From
Free From
Free From
Oil and Grease
Cause a film or
other discoloration
Cause a f1Im or
other discoloration
Cause a film or
other discoloration
Cause a f1im or
other discoloration
Radioactive Material
Drinking Water
Standards
Drt.nkl.ita ilater
Standards
Drinking Water
Standards
Drinking Water
Standards
Fecal Coll form Bacteria
Geometric Mean of
<200/100ml from five
samples in 30-day.per
Geometric Mean of.
<200/1OOrnl from five
samples In 30-day per.
Geometric Mean of
-------
A^ waters being capable of supporting a cold water fishery, and the
waters being suitable for warm water fishes only.
Class and 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
is again in DO and temperature.
Idaho
Water Quality Standards and
Wastewater Treatment Requirements
These standards and regulations were adopted pursuant to Title
39 Chapter 1 and Title 67 Chapter 52 Idaho Code and Chapter 87 Idaho
Sessions Laws 1973. Regulatory authority is given to the Idaho Depart-
ment of Environmental and Community Services.
The dissolved oxygen water quality standard prohibits a DO
concentration of less than 6.0 og/1 or 90 percent of saturation which-
ever is greater. This is applied to all flawing waterways and to lakes
and reservoirs except for specified bottom depths of the latter where
the limit is 4.0 mg/1. Applied across the board, this is more stringent
than the federal criteria except that a minimum of 7.0 mg/1 is recom-
mended by the federal document for fish spawning areas which also
require that bottom areas must be kept aerobic for waterfowl protection.
The limits on temperature increases are quite strict. No measurable
Increase is permitted when water temperatures are 66°F or above, and
increases are limited to 2°F when water temperatures are 64°F or less.
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For some specified waterways, the upper and lower limits are 68°F
and 66°F, respectively. "Measurable increase" means no more than
0.5°F rise in temperature of the receiving water as measured immediately
outside the mixing zone. This standard compares with a maximum in-
crease of no more than 5°F recommended by the federal criteria for
public water supplies and freshwater organisms indicating that all
waters of the state are to be kept suitable for cold-water fishes.
Tire 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 natural origin. This type of regulation will require interpre-
tation 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 removal 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 goethermal production 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
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Idaho Drinking Water Standards. The Drinking Water Standards provide
that more suitable supplies should be sought when certain substances
are present in a water supply in excess of specified concentrations,
and when others are present in excess 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 geothermal 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.
Montana
Water Quality Standards (MAC 16-2.14(10)-S14480)
The water quality criteria for the highest classification of
waters in Montana are the ultimate in limitations since they prohibit
any change in pH or any increase in turbidity, temperature, sediment,
toxic substances, or radioactivity and do not apply a dissolved oxygen
criterion. 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 with
the addition of removal of naturally present impurities plus nearly
all other uses including swimming — 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. Mo increase in natural turbidity is allowed and permissible
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t6isp6r3tur6 Increases are 0.5°F to 1.0 F, depending' on. Initial wstsr
temperature. No sediment increase which adversely affects the use
is permitted. Concentrations of toxic substances which after
treatment for domestic use will exceed the federal drinking water
regulations are prohibited. In any case, maximum allowable concen-
trations 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
gradually decreasing stringency. The standards also introduce a
limitation on color which for some waters is two units above natural
color and for others 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
limitations 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:
"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
Radium-226
Strontium-89
Strontium-90
Tritium
3,000 pCl/L
5 pCi/L
1 pCi/L
100 pCi/L
10 pCi/L
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"For all other radionuclides, the average dissolved concentration
limits are to be 1/150 of the corresponding maximum permissible con-
centration in water for continuous occupational exposure as recommended
by the National Committee on Radiation Protection (National Bureau of
Standards Handbook 69 or subsequent revisions.)
"For a mixture of radionuclides, the following relationship is
to be satisfied:
h + fa	+ 5,	1.00
L1 L2	Ln
C denotes the average concentration of the respective radionuclide,
and L denotes its concentration limit.
"Where alpha emitters, strontium-90, radium-228, iodine-129,
iodine-130 and lead-210 are known to be absent, routine analyses for
dissolved gross beta radioactivity (excluding potassium-40 contribu-
tion) may be employed to monitor and show compliance with this cri-
terion (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 performed
to show compliance. Except in cases where tritium from other than
natural sources is known to be absent, routine tritium analyses are
to be performed to show compliance. (Note: "Absence" means a negli-
gibly small fraction 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 trans-
port, the average concentration limits are to be 1/150 of the corres-
ponding maximum permissible concentration in water (insoluble form)
for continuous occupational 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 leaching) 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 concentra-
tion limits specified will be permitted if the contributing source
is non-controllable or a natural source. Either criterion could con-
ceivably be applied to geothermal waters or steam although how this
will be Interpreted is not clear at this time. It is possible, too,.
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that the standards may have little or no effect on geothermal opera-
tions because there Is no associated problem of radioactivity.
New Mexico
Water Quality Standards for Interstate
and Intrastate Streams
These standards were adopted by the Water Quality Control Com-
mission pursuant to the New Mexico Water Quality-Act (Chapter 326,
Laws of 1973, as amended).
In addition to prohibiting toxic substances in detrimental
concentrations, these regulations require determination of toxicities
of substances in receiving water by bioassays or other acceptable
means for the particular form of aquatic life to be preserved. Con-
centrations of toxic materials are not to exceed five percent of the
96-hour median tolerance limit except that substances which bio-
concentrate are not to be present in concentrations which result in
their magnification. Public water supplies are to be protected from
hazardous substances which exceed the federal drinking water regula-
tions .
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 have been promulgated.
Surface waters must be free of nitrogen and other dissolved
gases at levels above 110 percent saturation when this level is due
to industrial discharges.
Separate sets of standards are set forth for all waterways or
reaches of waterways in the state and vary, of course, according to
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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 restriction. 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 standard for the same parameters in one reach of the main stem
of the Rio Grande are 500, 150, and 25 mg/1 respectively. Dissolved
oxygen requirements range from 25 to 50 FTU. (This unit of measure-
ment — 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 geo-
thermal activity in the Rio Grande Basin. It is merely a good illus-
tration 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 sub-
stantial 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.
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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 requirement of 6.0 mg/1 or more and the per-
missible temperature increases. No measurable Increase is permitted
when receiving water temperatures are 64°F or greater; no more than
an 0.5°F increase due to a single-source discharge when water tempera-
tures are 63.5°F or less; and no more than 2.0°F from all combined
sources when water temperatures are 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 turbi-
dity increases to 5 JTU above background. The same rates of tempera-
ture increase are also applied in the special standards but to different
water temperatures, most frequently 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
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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 am important action to coastal geothermal operations.
The maximum temperature difference permitted in fresh water
streams is 5.0°F rise over ambient and 3.0°F for fresh water impound-
ments. In tidal river reaches, bay, and gulf waters the maximum
permitted temperature difference is 4.0°F in fall, winter, and
spring, and 1.5°F in summer.
Utah
Water Quality Standards (Code of Waste
Disposal Regulations, Utah State Department
of Health, Part II)
These regulations are administered by the Water Pollution Control
Board. Standards are set for six major classifications of waters and
some subcategories. In addition, wastes discharged to waters of a
given classification must be capable of meeting all downstream classi-
fications.
The scope of the standards states that the standards of quality
are applied to waste discharges or to waters of the state as appropriate
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under the 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 "con-
trolled areas" as fenced or limited access areas such as a waste-
water treatment plant or lagoon. Secondary treatment was defined
as a maximum discharge concentration of 25 mg/1 of both BOD and
settleable 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 radio-
logical standards are based for the highest uses on the Public Health
Service Drinking Water Standards of 1962. Radioactive substances
are limited to l/30th of the	values given for continuous occu-
pational exposure in the National Bureau of Standards Handbook 61
or to those which will not result in accumulatioii 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 pur-
suant to Chapter 90.48 ROW, Water Pollution Control. Five classes
of waters are established 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 classification are itemized and the
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waters of the state are classified.
The general characteristic called for in Class AA is that
water quality shall markedly and uniformly exceed the require-
ments 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 from one
source are based on equations and in the case of Class AA waters
may not exceed + ¦ 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 variations
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 concentra-
tion of total dissolved gas is not to exceed 110 percent of satura-
tion at any point of sample collection.
Wyoming
Wyoming Water Quality Rules and Regulations
These regulations are administered by the Department*of Environ-
mental Quality. In classifying the state's waters, priority will
be given to those waters which receive pollutants. A water must be.
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classified before a permit to discharge to that water is issued.
Water quality standards have been established for 15 parameters.
Supplementary standards will not be written for constituents that
are not expected 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 numerical limits are not set
for toxic materials since all possible compounds, combinations, 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 2°F in streams
where natural temperatures do not exceed 68°F to 4°F in warm water
fishery areas of streams with natural temperature exceeding 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, nothing was found in the Wyoming docu-
ments submitted which indicates this has been done.
SOLID WASTE REGULATIONS
Again, in summarizing solid waste regulations, general provi-
sions dealing with permits, licenses, etc. have been omitted, as
have the mechanics of sanitary 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 pre-
clude private landfills provided the proper approval or permit is achieved.
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Alaska
Chapter 60, 18 AAC, Solid Waste Management
These regulations 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 specify that the collection and disposal of
all refuse not acceptable for collection by a collection agency are
the responsibility of the facility where the refuse accumulates.
However, no criteria for unacceptable 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 consitut-
tes a "necessary" situation.
The methods of disposal recommended include sanitary landfill,
incineration, 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.
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California
Minimum Standards for Solid Waste
Handling and Disposal (Register 75,
No. 18, Title 14, Division 7
These standards are designed to describe levels of performance
expected rather than setting forth detailed requirements; operations
and designers are generally permitted flexibility of approach in
meeting the objectives set by the standards. Solid wastes are de-
fined 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 September 15 of the California
water regulations as Group 1 wastes and disposal is required in Class 1
disposal sites. These sites are discussed in Section III. Group 1
wastes specifically include brines from geothermal plants and rotary
drilling muds containing 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 II sites.
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 consideration 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 are to be 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 where no solid waste management plan has
been adopted. It is not clear how this conforms to the requirement
in the water regulations that spent drilling muds must be deposited
in Class I sites. Clarification will be sought. After such a plan
is adopted, solid waste disposal sites must conform.
Colorado
Colorado Solid Waste Regulations
These regulations set minimum standards on the operations of
sanitary landfills which typically require minimization of nuisance
conditions, adequate cover and surface drainage designed to prevent
flooding and water and wind erosion, and prevention of air and water
pollution. No radioactive materials may be disposed of in sites or
facilities not specifically designated for that purpose. Engineering
design criteria are set forth which essentially implement the minimum
standards.
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Idaho
Solid Waste Management
Regulations and Standards
These regulations 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 esthetic quality of an area
7.	Physically impair the environment to the detriment of man
and beneficial 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.
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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.
7.	Other unusual circumstances.
The standards for sanitary landfill include a requirement for
a sufficient number of borings or wells to determine the soil
characteristics, geology, and groundwater conditions and for back-
ground 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, groundwater management,
and drainage are marginal. Where surface waters may cause a leachate
problem or if a leachate problem develops, a collection and treatment
system will be required.
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 possible, 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 in-
terest is that they expressly permit the entry of oil production
waste material from offshore locations into the state for disposal in
abandoned wells.
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Montana
Montana Refuse Disposal Regulations
(Montana Administrative Codes: Title 16)
These regulations also employ designations of Class 1, II, and
III disposal 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 likeli-
hoood that the wastes will escape or they must be situated in a loca-
tion where the leachate from the wastes can only penetrate into
underlying formations which have no hydraulic continuity with usabli
waters.
Class I sites shall not be located where underlying geological
formations contain rock fractures or features which might lead to
pollution of underground waters.
Oregon
Solid Waste Management, Chapter 340, Oregon
Administrative Rules Compilation
These regulations 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 materials, minimum requirements for operation, maintenance,
monitoring, and supervision.
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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 compaction in or upon the land and cover of all
wastes deposited at specific designated intervals, but not each
operating day. They must be located a minimum of 1/4 mile 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 collected and treated in an approved manner.
Texas
Texas Water Quality Board Industrial Solid
Waste Management Regulation
These regulations 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 requirements to off-site disposal facilities.
Waste 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.
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Utah
Code of Solid Waste Disposal Regulations
The design plan for a sanitary landfill disposal site must
Include special provisions for handling special and/or hazardous
wastes. These provisions are to include, where necessary, a sepa-
rate area for such wastes designated by appropriate signs. Hazardous
wastes are to be covered with six inches 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 rumes, degradation rates, and other
factors pertinent to Immediate and long range protection. Radioactive
wastes are not to be accepted at any landfill. One rather unusual
provision is that when hazardous wastes materials are refused for
disposal, 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 WAC 16-34-010 - WAC H80-70-440
"Disposal site" is defined 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
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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 detailed 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 sanitary 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.
NOISE REGULATION
Only two state noise control regulations were reviewed which set
actual numerical standards. This is not to say that others do not
exist in the surveyed states, but no others were furnished. This
point will be checked again before the final project report is issued.
The states, however, undertake to control noise emanating from
geothermal operations in their special regulations governing geothermal
development. These were discussed earlier in this section and are
mostly just general prohibitions with no specific standards.
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Oregon
Noise Control Regulations (Chapter 340,
Oregon Administrative Rules Compilation)
Noise levels generated by new industrial noise sources are
limited to the following levels:
Allowable Statistical Noise Levels in Any One Hour
"Statistical Noise Level," means the noise level which is equalled
or is exceeded a stated percentage of the time. An = 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.
Nothwlthstanding 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, or 1«ijq» in any one
hour 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 a.m. - 10 p.m.
10 p.m. ~ 7 a.m.
L50 - 55 dB(A)
L1q - 60 dB(A)
Lx - 75 dB(A)
L50 - 50 dB(A)
L1q - 55 dB(A)
Lx - 60 dB(A)
7 a.m. - 10 p.m.
10 p.m. - 7 a.m.
L50 - 50 dB(A)
L1q - 55 dB(A)
L1 - 60 dB(A)
L50 - 45 dB(A)
L1q - 50 dB(A)
Lx - 55 dB(A)
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Nothwithstanding the above rules, the operation of an indus-
trial 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 a.m. to 10 p.m. and
80 dB between the hours of 10 p.m. and 7 a.m. 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 welfare, the Department may prohibit the opera-
tion of a noise source if the operation generates octave bands
sound pressure levels which exceed the following:
Allowable Octave Band Sound Pressure Levels
Octave Band Center
Frequency, Hz	7 a.m. - 10 p.m. 10 p.m. - 7 a.m.
31.5	68	65
63	65	62
125	61	56
250	55	50
500	52	46
1000	49	40
2000	46	37
4000	43	34
8000	40
The regulations go on to set still further highly technical
alternative restrictions which may be imposed under certain condi-
tions. These and the above will be evaluated in light of Phase II
findings.
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The "appropriate measurement point" means one of two points
on the noise sensitive property, whichever is further from the noise
source — i.e., 25 feet toward the noise source from that point on
the noise sensitive building 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
These regulations establish "environmental designations for noise
abatement" (EDNA) which are areas or zones within which maximum per-
missible 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, restuarants, retail and
commercial services, theaters, stadiums, etc.); Class C includes
warehouse, industrial, agricultural, and similar areas.
The maximum permissible noise levels intruding into the property
of another are as follows:
EDNA OF NOISE SOURCE	EDNA OF RECEIVING PROPERTY
Maximum Environmental Noise Levels
Chapter 173-60 WAC
Class A
Class B
Class C
CLASS A
55 dBA
57 dBA
60 dBA
CLASS B
57
60
65
CLASS C
60
65
70
These are subject to the following exceptions:
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1.	Between the hours of 10:00 p.m. and 7:00 a.m. the noise
limitations of the foregoing table shall be reduced by 10 dBA for
receiving property within Class A EDNAs.
2.	At any hour of the day or night the applicable noise limi-
tions in (a) and (b) above may be may be exceeded for any receiving
property by no more than:
a.	5 dBA for a total of 15 minutes in any one-hour
period; or
b.	10 dBA for a total of 5 minutes in any one hour
period; or
c.	15 dBA for a total of 1.5 minutes in any one-hour
period.
Sounds resulting from construction are exempt except in Class A
EDNA's between 10:00 p.m. and 7:00 a.m. Such sounds are to be covered
in new standards.
Nothing in the regulations preclude required installation of the
best available noise abatement technology consistent with economic
feasibility. Nor are local govemnents 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 will
not engage directly in enforcement when a local government has an
approved program.
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SECTION VI
COUNTY GEOTHERMAL REGULATIONS
The final or draft documents of nine counties in California
and one in Oregon which undertake to regulate geothermal develop-
ment 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 California and Malheur
County in Oregon.
It will be noted that the noise regulations of three of them
are more specific than most state and federal noise standards dis-
cussed in this report. This reflects the attitude of some states
that noise levels are peculiarly a local problem.
It is possible that some of these draft documents will be
finally adopted before the final report of this project. A further
check will be made as to any significant changes made before adoption.
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).
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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 with-
out a permit and a permit is required for others. The
removal of minerals is permitted in any district with the excep-
tion that no geothermal activity other than exploratory drilling or
leasing may occur in the districts which are designated Exclusive
Agricultural. 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 per-
mit is required for mineral extraction.
In addition, public utility transmission lines, both overhead
and underground, are permitted in all districts without a use permit,
provided the Planning Commission reviews and approves the routes.
Similarly, 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, certification, use
permit, etc. — is required. In this way, geothermal production is
defined as a "private project" by virtue of the necessity for a use
permit. The attendant activities listed above also require various
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state/county certifications which also place them under the EIR
umbrella.
The procedures for determining the eligibility of a project
for EIR preparation 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 Director, Environmental Protection
Committee (made up of representatives of various county departments),
and the cognizant planning agency (in the case of geothermal produc-
tion, 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 responsibi-
lity 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 declaration or EIR is
filed.
A closer look will be taken at Sonoma County regulations and
their implementation during the scheduled trip to The Geysers, and
it is possible the new ordinance will be available at that time.
NAPA COUNTY, CALIFORNIA
The Napa County Conservation, Development, and Planning Depart-
ment has drafted a proposed ordinance dealing with geothermal
development. The draft is entitled:
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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 Geothermal Resources, by Use Permit With-
in 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 resources, and/or hot water; the prevention
of waste; the protection of the public interest; and the protec-
tion of air and water quality and other environmental qualities.
Use Permits
Two types of use permits are authorized. The first is for
temporary exploratory holes under 500 feet (about 150 meters) 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 500 feet (150 meters) 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 require information relating; to proposed land use
and land contour. The exploration and development permit application
also requires a description of the noise attenuation program to be
employed, including estimates of sound pressure levels, scale and
frequency bands which are expected from generators, air compressors,
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bloole lines, clean-out, and test operations after attenuation.
A tentative plan must also be filed which shows the size and loca-
tion of power generation, mineral extraction, desalination, pumping
stations, and other surface facilities including their relation-
ship to known geological fault zones.
A use permit would be issued subject to the terms and condi-
tions the Conservation, Development, and Planning Commission feels
necessary to insure adequate protection of the public interest.
These' may include, but are not limited to, the categories of pesti-
cides, herbicides, water quality control, sanitation and waste dis-
posal , land subsidence, seismic activity, aesthetics, fish and
wildlife, antiquities and historical sites, and restoration.
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 or
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 systems such as vegetation,
air, water, crops', household and agricultural water supplies from
erosion increase, water quality degradation, ground water infiltra-
tion, habitat loss, noise,dust, impact on fragile or sensitive areas,
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wildlife disturbance, impedance of wildlife movement, aesthetics
disturbance, historical or archeological site 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,
unacceptable sump materials dumping sites and neutralization of bio-
sensitive sump materials, and system wide leakages or emissions due
to breakdowns, punctures or vandalism, full or partial steam and
gases vented to the atmosphere causing 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
vegetation, wildlife, aquatic organisms, human health, air chemistry,
and agricultural production. Non-condensible gas status impact for
carbon dioxide, methane, hydrogen, nitrogen, argon, mercury vapor,
strontium, hydrogen sulfide, ammonia, ethane, radon, etc.
"2. Potential contributions to smog from photo-oxidation of
hydrogen sulfide and ammonia. Probability of significant effects
from dissemination of these substances as both gases and aerosols
over Napa County, especially 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 emis-
sions from full field development arising from non-condensible
gases and such other materials as boron, chlorides, heavy metals
particularly mercury, lead, copper, 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
thunderstorms 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 public health, safety, peace, morals,
comfort and general welfare or the conditions above under 'Denial
of Permits' are not being met."
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IMPERIAL COUNTY, CALIFORNIA
Imperial County has adopted a policy which will permit geothermal
production projects in designated locations and under prescribed
terms and conditions under an interim plan pending preparation of a
final plan. The County has a study grant from the National Science
Foundation to develop a geothermal 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 for 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 formulat-
ing policy to control newly-developing energy resources. The Univer-
sity 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 document simply by stating that as a general condition all
waste, whether liquid 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
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application. The plans for all permanent sumps, brine ponds, and
waste holding pools must be based on a soils investigation. Imper-
vious or lined pool bottoms are required.
All operations shall be conducted in compliance with the require-
ments 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 plan and land use are to provide for maxi-
mum 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 vey specific on the
regulation of noise. A graph is provided, shown here in Figure 3,
which gives numerical limitations applicable to noise at the property
boundary.
These standards, yhich apply to all geothermal activity in the
county, may be exceeded by 10 percent if the noise is intermittent
and during daylight hours. The graph is to conform to standard
units of measurement in accordance with the U.S. Standards Institute
Code. Sound pressure levels are to be measured at points specified
with a sound level meter and associated octave band analyzer.
Operators adjacent to or near existing development must also
conform to more stringent limitations. The graph shown in Figure 4
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FIGURE 3
NOISE LEVEL LIMITATIONS FOR ALL GEOTHERMAL OPERATIONS
IN IMPERIAL COUNTY, CALIFORNIA
90
80
70
60
50
75 1 50 300 600 izoo 2400 4300
20
75 150 300 600 1200 2^00 4S00 9600
Frequency Band CPS
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FIGURE 4
NOISE LEVEL LIMITATIONS FOR GEOTHERMAL OPERATIONS
ADJACENT TO OR NEAR EXISTING DEVELOPMENT IN IMPERIAL
COUNTY, CALIFORNIA
90-
80 ¦¦
RD
RN
20 75 150 300 600 1 ZOO 2400 4800
75 150 300 600 1200 2400 &00 9600
Frequency Band CPS
VI-10
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will be utilized and the Planning Commission will determine which
curve will apply. The above 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 rela-
tionship of surface facilities to known active faults.
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 significant reservoir
parameters supplied when testing is completed. This information
should include the following:
71-11
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Temperature
Rate of extrusion
Ratio of gas phase of fluid phase
Chemistry
1.	Noncompressible gases
carbon dioxide
hydrogen sulfide
sulfur oxides
argon
oxygen
ammonia
hydrocarbons
2.	Total dissolved solids
3.	Total hardness
A. Alakalinity
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
VI-12
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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 consider potential hazards to
public safety and welfare and magnitudes of the impacts on wild-
life, 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 geothermal 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 would be opera-
tional very soon, and an 80 percent reinjection system will
probably be operational in two to four years.
The county also required parallel development of agricul-
tural 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 operator's leasehold,
an ecological reserve for the protection of the habitat of mi-
grant 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 opera-
tions, if employed. No other reference is made to air pollution control.
VI-13
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Similarly no water quality or effluent standards are pre-
scribed, 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 interference
with established drainage patterns and water cpurses, and dis-
continuance of operations during excessive rainfall and flood
periods if health and safety hazards are indicated. In addition,
the operator is directed to transport extruded geothermal fluids
to the nearest Class 1 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 design 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 (exca-
vation and engineered backfill, engineered ballast, etc.) as in-
dicated by the study.
VI-14
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MONO COUNTY, CALIFORNIA
The Mono County Department of Planning advised that with the
establishment 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 exper-
ienced the inability to exercise any local jurisdiction because
of what its spokesman described as "multiple layers of federal
bureauracy." Seventy-nine percent of the land in the county is
federally owned. The Department's role, according to the spokes-
nan, 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 Permits which are obtained on the merit of the individual appli-
cation. The permits are structured to permit amendments or addi-
tions to the conditions as the need arises. It has been found
that a rigid set of regulations which attempts to cover all situa-
tions throughout the county become so burdensome to both the appli-
cant 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.
VI-15
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MODOC COUNTY, CALIFORNIA
The Modoc County "Terms, Conditions, Standards and Applica-
tion Procedures for Initial Geothermal Development" are virtually
identical to those of Imperial County. The only significant dif-
ferences are that: (1) data prepared 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 nui-
sance 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 requirements 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 movement 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 measure-
ment and report schedule.
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,
VI-16
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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 Depart-
ment of 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 Commissioners. 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.
VI-17
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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
areag. The County Planning Commission is given the supervisory
authority over geothermal development under use permits. Each permit
is to be individually conditioned in addition to the blanket conditions
set by the proposed ordinance; use permits are also conditional sub-
ject to review and potential 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 general welfare, some very
specific environmental constraints are applied. Noise levels are
restricted as follows:
Cycles per second	Sound Pressure in Decibels ("A" Scale)
Class A Areas
Class B Areas
Below 75
75-150
80
75
70
64
58
53
49
46
65
60
55
55
45
45
40
40
150-300
300-600
600-1200
1200-2400
2400-4800
Above 4800
Vl-18
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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 correc-
tions given below shall be added to or subtracted from each of the
specified decibel levels.
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
Monday; - 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, cleanout, 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
activities conform to state and county ambient air quality standards,
a flat prohibition is placed on the emission of hydrogen sulfide,
ammonia, or other noxious odors. All venting steam, steam conden-
sate, 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 country
personnel utilized. Where injection is practiced, wells and springs
specified by the Control Officer must be chemically analyzed prior
VI-19
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to injection and yearly as long as injection continues.
A minimum of two adjoining and connecting sumps must be provided
to collect 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.
Operations 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 installations are as follows:
Lakes, streams or permanent waterways	300 feet
Outer boundaries of land parcels under
geothermal development	100 feet
Public roads	100 feet
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.
VI-20
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All wastes, liquid or solid, must be disposed of in compliance
with existing county, state, and federal rules and regulations. No
waste is permitted to enter any streams, creek, 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 one-half mile from the drill site and in restricted areas (desig-
nated by the Planning Commission) to 50 decibels at a distance of
500 feet. The minimum distances to be observed in siting a well are:
1.
Outer boundary of parcel
100 feet
2.
Public roads
100 feet
3.
Residence
500 feet
4.
School
2640 feet
5.
Hospital
5280 feet
6.
Any other development
500 feet
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 concentrations 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.
VI-21
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Use Permits
The use permits issued by Lake County for geothermal develop-
ment are highly specific and detailed in the environmental protec-
tion restraints imposed. 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 protect 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 the use of explosives for steam well stimula-
tion. It is notable that these refer only to surface hazards and
not to sub-surface.
It is also noted that, subject to the findings of the county's
spot monitoring, the operator may be required to install continuous
air quality monitoring 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 included, many of which are incorporated in the above
proposed ordinance or performance standards. Others include county
permission to drill within 500 feet of a creek flowing 10 months or
VI-22
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more during the year and a prohibition on discharging hydro-
carbon-based cleaning compound or oils or grease on the surface
of a drill pot. All liquids of this type are to be contained and
removed from the site.
MALHEUR COUNTY, OREGON
Terms and Conditions for Initial Geothermal Development
These regulations are almost identical to those of Imperial
County, California, incorporating the very specific noise limita-
tions .
VI-23
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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, November 7 (1975).
3.	Rogers, W. F. , Composition and Properties of Oil Well Drilling
Fluids, 3rd Ed., Gulf Publishing Co., Houston (1963).
4.	Office of the Secretary, Final Environmental Statement for the
Geothermal Leasing Program, Department of the Interior (1973).
5.	Statement of Burmah Oil and Gas Company before the California
State Lands Commission, Subcommittee on Geothermal Resources,
San Francisco, September 25 (1975).
6.	Preliminary statement of Dr. Carel Otte, Union Oil Co. of
California before the California State Lands Commission Sub-
committee on Geothermal Resources, Los Angeles, September 17;
San Francisco, September 25, (1975).
7.	Shell Oil Co. Statement before the California State Lands
Commission Subcommittee on Geothermal Resources, San Francisco
September 25 (1975).
8.	Statement of Northern California Power Agency, ibid,
9.	Shackelford, B. W., "PG and E Experience in Development of The
Geysers Power Plant, Factors Which Have Caused Delays," ibid.
10.	Water Quality Criteria, Report of the National Technical Advisory
Committee to the Secretary of the Interior, April (1968).
11.	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).
12.	National Power Plant Team, U.S. Fish and Wildlife Service, EPA/
NRC/FWS 316(a) Technical Guidance Manual and Guide for Thermal
Effects Sections of Nuclear Power Plant Environmental Impact
Statements - A First Step Towards Standardizing Biological Data
Requirements for the EPA-NRC Memorandum of Understanding, December
11, (1975). (Draft)
-------
APPENDIX A
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FORM APPROVED
OMB No. tSS-ROtOO
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER
rOR AGENCY USX









STANDARD FORM C - MANUFACTURING AND COMMERCIAL
SECTION I. APPLICANT AND FACILITY DESCRIPTION
Unless otherwise specified on this form all Ittrm are to be completed. If an Item Is not aepilcaeie indicate 'NA.'
ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INOICATEO. REFER TO
BOOKLET BEFORE FILLING OUT THESE ITEMS.
Must Print or Type
1. Legal Nam* at Applicant
|w Instruction)
L Mailing Address of Applicant
|m Instructions)
Number * Slntl
City
State
Zip Coda
$. Applicant's AallnilM Agent
KM instructions)
Nam« and Title
NiimMr A street AMim
Ctty
State
Zip Cad*
TdtglMM
previous Application
If « previous application for a
National or Federal discharge per-
mit Ms Dean made, give tna date
of application. Um numeric
designation for data.
lot
103k
f tow
< 4k
.10**;
10i»:
H? .
t tat
i > -
10*#
£ * "c."
:10M
'(t03t
104
Area
Code
Number
YR MO OAV
I certify mat I am familiar with the information contained In this application and that to the best of my knowledge and belief such Information
la true, complete, and accurate.
Printed Nam* of Person signing
Signature of Applicant or Authorised Agent
iaxf
TNI*
vm MO. DAY
Oat* Application Signed
It U.S.C Section 1001 provides that
Whoever, In any matter within the jurisdiction of any department or agency of the United Steles knowingly end wilfully falsifies, conceals or
caters up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representation, or makes or
mat any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shall b* fined not more than
St0.000 or imprisoned not more than five years, or both.
FOR AGENCY USE
tfncti	Raglan Number
YR MO OAV	. . tUt*
(PA f—m 73SO.71 (7-73)	' '	™* **
-------
f. Paelllty/Actlvtty (see Instructions)
Give the name, ownership, and
physical location of tn« punt or
Other operating facility wh«r» d«v
Char$a(s) dot* or will occur.
Nam*
Ownership (Public, Private or
Both Public and Private)
Check block If Federal Facility
and give QSA inventory Control
NumMr
Location
Street 4 NumMr
Oty
County
State
1 Natan ol Business State ttit
nature of the business conductad
at tha plant or operating facility.
7. Facility intake Water (saa Instrae-
ttonf) Indicate water intake volume
par day by sources. Estimate
average volume par day In thousand
taiions per day.
Municipal or prlvata watar system
Surface watar
groundwater
Omar*
Total ftam 7
*lf there Is Intake water from
*othart* specify the source.
t. Facility Water Use Estimate
average volume per day In thousand
gallons oar d«y for the following
typas of watar uiagt at tn« facility.
(M. Instructions)
Monconuct cooling watar
¦ollar 1—4 watar
Procass watar (Including contact
Coolinf watar)
Sanitary watar
Othar*
Total Item •
*11 thar* ara dlscnargas la
*othar.' seactfy.
If lhara It 'Sanitary' watar u», flva
tha miiMw of «wpl< mivM
IM t-m 7150.33 (7-71)
tw*
tOSb
IDS*
10S«
109*-
S
IHf
* r
f 0f«;
JOS*
tola:
10«»
^ * I
* '**W<
107a
* £
107a
107d
107a
.Sn
107f
101a
101b
tO«a
IMa
10«(
10««
inn
~ pub Dprv Dbpp
Ofeo
AGENCY use
thousand iillont par day
thousand gallon! par day
thousand gallons par day
thousand gallons par day
thousand gallons par day
thousand gallons par day
thousand gallons par day
thousand gallons par day
thousand gallons par day
tnousand gallons par day
thousand gallons par day
1-2
pom accncv use









A-2
-------
FORM APPROVED
OMB No. JS3-ROJOO
All Faelllty DUsnar^as and otllar
LOSMS; Numb*' and Discharge (saa
Instructions) Voiuma Siwcify >»»
nmnbtr of ditcnarga points and tna
volume Of Will' d !cnjrr,ea or
lot ffom the facility according to
0t« Catagorias Below. Estimate
average volume per day In tnouund
gallons P«r day.
Surface Water
Sanitary wastewater tramport
system
Storm water transport system
Combined unitary and storm
water transport system
lurfiu Impoundment witn no
•ffluant
Underground percolation
.Walllniaetlon
W»la accaptanca Arm
fnpwallen
Consumption
OtMr*
Facility discharge# and voium*
Total Itam 9.
•If there *r* dlscnargt* to *otntr,'
ro* ACCNCV use









Number ot
Discharge
Points
Wat
lOSbl
inci
10M1
lUal
109ft
>OHI'
inkt
hasir-
IflffY
loaifct
109*2
109 b*
105c2
40942
I09rt
IWfSt
10992
109*2
10913
10912
f 091(2
T09I2
Tola! Vofuma us*d
Of Oitcharqtd.
Thousand Gal/Oay
10. Pirmltt, LIcifiMt and Application*
List «ll existing, pending or dantcd permits, licenses and applications related to discharges from this facility (Mt Instructions).

Issuing Agency
For Agancy Uia
Type or Parmlt
or Cleans*
10 Numbar
Oate
Filed
YK/MO/OA
Data
Issued
yn/MO/OA
Oat*
Osniad
vn/MO/OA
Expiration
Oat*
Y«/M07DA
id
•»>
»»
' <«»¦¦ ...

<•> "
m
ttl
m
1.




•












a.
















,
X















"

||. Maps and Drawings
Attach ill re^oirad mjpi «nd drawings to ttta back of tfll* application. (saa Instructions)
If, Additional Information
Itam Numttar
Information












ffA fvm 7550,23 (7.73)
1-3
A-3
-------
FORM APPROVED
OMB No. 1S8-ROIPO
STANDARD FORM C - MANUFACTURING AND COMMERCIAL
SECTION!! BASIC DISCHARGE DESCRIPTION
Complete tnls section for t.ch discharge indicated in S«ction 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 oeinq discharged to surface waters. Oischargw to wells must
le 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 snould be repre-
tentative of the twelve previous months ol operation. If this is a proposed discharge, values snould reflect Best engineering estimates.
FOR AGCNCY use









ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INOICATEO. REFER
TO BOOKLET BEFORE FILLING OUT THESE ITEMS.
1. Discharge Serial No. and Name
» Discharge Serial No.	20T»
(tee Instructions)
b. Ohcfiarge Nam*
Give nam* of discharge, if any.
(see instructions)
C Previous Discharge Serial No.
If previous permit application
was made for this discharge (see
Rem.4, Section I), provide Previ-
ous discharge serial numoer.
Discharge Operating Dates
a. Discharge Began Date If the
discharge described below is In
operation, give the date (within
bast estimate) the discharge
SOIe-
& Discharge to Begin Date If the
discharge has nevef occurred out
h planned for some future date,
gfve the data (within best esti-
mate) the discharge will Begin.
^ Discharge to End Date If di»>
charge it scheduled to be discon-
tinued within the next S years,
give the data (within best estl-
¦ mala} the discharge will end.
1. Engineering Report Available
Check if an engineering report is
available to reviewing agency upon
request, (sea Instructions)
4. Discharge Location Name the
political boundaries within which
Via point of discharge Is located.
Stat*
County
Of applicable) City or Town
I. Discharge Point Description
Oiscturga is into (check one);
(see Instructions)
Stream (Includes ditches, arroyos,
and other Intermittent watercourses)
Lake
Ocean
Municipal Sanitary Wastewater
Transport System

202b
303
204a
204*
204*
20Sa
VR MO
YR MO
V* MO
2044
304a
204f*
br.
Agency Use

~STR
~lkk
~OCK
~mts
Municipal Combined Sanitary and
Storm Transport System
I PA rem 7330-]] (7-73)
~MCS
II-l
Thlt aecHon contains 9 p*£ea.
A-A
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DISCHARGE SERIAL NUMBER
Municipal Storm Water Transport
System
Wall (Injection)
Other
If "other* ii checked, specify
a. OilOarje Point — Lat/Lone Gh««
tha precise location of tna oairtt
of discharge to tna nearest second.
Latitude
Longlluda
7. Discharge Recalvinj Witir Nam*
Nam* the waterway at tna ooint
of dlscnarga.fwa instructions)
If tilt discharge Is through an out-
fall tnat extends Bayond tna shore-
Una or Is Balow tha mean low
watar Him, complete It am
(. Offshore Oiicharfa
•. Discharge Oistanea from Shore
B. Olscharge Oaptlt Balow Watar
Surface
•. Discharge Typa and Occurrence
a. 'Typa of oischarge Check
whether tha discharge is con-
tinuous or Intermittent,
(saa Instructions)
B. Discharge Occurrence Days par
Weak Enter tna avarage num>
bar of days par waak (during
periods of discharge) this dis-
charge occurs.
c. Oiseharge Occurrence —Months
If this discharge normally
operates (aitnar Intarmlttantty.
or continuously) on lass man
a year-around Basis (excluding
Shutdowns for routlna mainto-
nanca). check tha months dur-
ing tha yaar whan tha discharge
la operating. (saa instructions)
Complata Items 10 and 11 If "Inter-
mittent" Is checked In Item 9.a.
Otherwise, proceed to Item 12.
t0. Intermittent Discharge Quantity
State the average volume per dis-
charge occurrence in thousands at
fallens.
II. Intermittent Discharge Duration
and Frequency
a.	Intermittent Discharge OuratiM
Par Oay State the iveragi
number of hours par day tna
discharge Is operating.
b.	Intermittent Discharge
Frequency State the average
number of dlscnarge occur-
rences par day during days
when discharging.
IS. Maaimum «•« Parlod Give tna
time period In which the maximum
••w of this discharge occurs.
IPJk Ptm 7530-23 (7.73)
~	»TS
~weu
~	OTH
POM AGENCY USE









2M«
20M
207i
262*
20th
20*»
209a
210
.OEG
„OEQ
_MIN
_MIN
SEC
see
Majorl Minor
Sub
H-"

2070
For Ag«ncy Um
303#
	1mt
O(con) Continuous
~ (lot) InUrmitttfit
.daysptrwMk
~jan Ofeb Omar Qapr
~may Qjun ~jul Qaug
~sep Qoct Qnov Doec
.thousand ealiont ptr dlscfur^ occurrence.
31IO
i per 4ay
tflttNrsi oeeurrtncM par day
212 From — to _
month month
11-2
A-5
-------
OlSCHAACe SERIAL NUMBER
FORM APPROVED
OMB No. IS3-R0100
FOR AGENCY USE
13. Aetlvlty Otserlptlen Glva a	-
«wr«tiv« da»c/»ptlon of activity	j *t3a
prodgelos tnis dlscnar9«.(sM	t
Instructions)
14. Activity Cauiint Otictiav^a For
aacff SIC Cod* whicft dascriba*
tha activity causing this dischar^a,
jupply tha typo and maximum
•mount of althar tha raw matarlal
consumed {f tam 14a) or tfta product
produced (I t«m 14b) In tha units
SpocIflad in Tabfa I of tha initme-
tion Boofc'at. For SIC Codas not
ffetadin Ta&Ja J, usa raw matarial
or production units normally usad
for m§4i
(3)
l«>
(SI

























t Products
Maximum	Unit	Sharad Dltchargas
SIC Coda	Nama	Amount/Oay (Saa Tabia I)	(Sarial Numbar)
»' (1)
(2)
(3)
(4>
(5)




















f FA 9mm 75SO-23 (7.73)
11-3
A-6
-------
rOR ACCNCV use









IS. Wilt* Abatement
&
Watte Abatement Practice*
Describe tne waits abatement
practical used on this discharge
with a brief narrative. (sea
Instruction.)
311a
b.	Abatiinant Cadai
Using tha coda* lilted In Tabta
II of tha Instruction Booklet,
daicribe tha waita abatement
processes for this discharge in
tha order In which they occur
If poulbla.
ZlSk
(1) .
(4).
(7).
(10) .
(M) .
(!•)-
(l»>-
(*».
(29).
(2) .
(S> .
(«)•
(11) .
(14) .
(17) .
(20) .
(23).
(3).
•(«> •
(»>
(12) ¦
(15) .
(U) .
(21).
(24) .
(PA r-» 7550-3) (7.73)
IM
A-7
-------
discharge serial number
FORM APPROVED
OMB No. ISa-ROJOO
FOR ACCNCV USE









II. Wirtwiln chjractarUtlci
CMCk tti« box beside «ch constituent *>hlcn li prwiH In the effluent (discharge water). Thti determination li to be bawd on actual analysis
grb«tt «»tlmate.(s«e Instructions)
Parameter
.31S,
8
a
JJ
Parameter
21&
Piesent
Color
00080

Copper
01042

Ammonia
00610

Iron
0104S

Organic nitrogen
00605

Lead
.01051

Nitrate
00620

Magnesium
00927

Nitrite
00613

Manganese
01055

Phosphorus
00665

Mercury
71900 •

Sulfate
00945

Molybdenum
01062

Sulfide
00745

Nickel
01067

Sulfite
00740

Selenium
01147

Bromide
71870

Silver
01077

Chloride
00940 - ¦

Potassium
00937

Cyanide
00720

Sodium
00929

Fluoride
00951

Thallium
01059

Aluminum
01105

Titanium
01152

Antimony
01097

Tin
01102

Arsenic
01002

Zinc
91092

Beryllium
01012

Abicides*
74051

Barium
01007

Chlorinated organic compounds*
74052

Boron
01022

Pesticides*
74053

Cadmium
01027

Oil and 2cease
00550

Calcium
00916

Phenols
32730

Cobalt
01037

Surfactants
38260

Chromium
01034

Chlorine
500(0

Fecal coliform bacteria
74055

Radioactivity*
74050

•Specify substances, compounds and/or elements in Item 26.
Pesticides (insecticides, fungicide*, and rodenticides) must be reported in terms of the acceptable common
names specified in Acceptable Common Somes JitU Chemical Names for the IngmiUnt Statement on
festicklt Labels. 2nd Edition, Environmental Protection Agency, Washington, U.C. 20250, June 1972. as
required by Subsection I62.7(bl of the Regulations tor the Enforcement ot' the Federal Insecticide,
Fungicide, and Rodenftcide Act.
CPA Pane 7J50-» (7-73)
A-8
-------
DISCHARGE SERIAL NUMBER
17, Description of Intake and Discharge
For each o' the parameters listed Below, enter In the appropriate box the watue or coda letter answer called for.fsee instructions)
In addition, enter the parameter name and code and all required values for any of the following parameters If they were checked In Hem 16;
ammonia, cyanide, aluminum, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nlcHcl, selenium, zinc, phenols, oil ana grease,
and chlorine (residual).
FOR AGENCY USE










Influent
Effluent
Parameter and Code
217a
Untreated Intake
Water
(Daily Average)
In-Plant Treated
Intake Water
(Daily Average)
Daily Average
Minimum Value
Observed or
Expected During
Discharge
Activity
>1
1 II
> S II
1*3*
* £ i.|
« ja ST .2
ZOuQ
o
>%
(J
S M
o 'S
3 ds
sr 2
£ <
Number of
Analyses
Sample Type

(1)
(2)
(3)
(4)
(5)
(«
(7)
(«)
Flow*
Gallons per day
00056








pH
Units
00400


X





Temperature (winter)
* F
74023








Temperature (summer)
•F
74027








Biochemical Oxygen Demand
(BOD 2-day)
ing/1
00310








Chemical Oxygen Demand (COD)
mg/i
00340








Total Suspended (nonfilterable)
Solids
mz/l
00530








Specific Conductance
micromhoVcm at 23s C
00095


X





Settleable Matter (residue)
ml/I
00545








•Other discharges sharing intake flow (serial numbers).(s«!e instructions)
A-9
114
-------
discharge serial number
FORM APPROVED
OMB No. 1SS—R0100
row ActNCv use









17. (Cont'd.)
Parameter end Code
Wm
. Influent
Effluent
Untreated Intake
3 Water
(Daily Average)
o u
a m 2?
t» o 2
%n
Ui 1
c s G
(2)
e
u
n
V
>
<
'3
a
(3)
Minimum Value
Observed or
£ Expected During
Discharge
Activity
Maximum Value
Observed or
*•' Expected Rutinj
Discharge Activity
9
u
e 2
•j *
s
f 3
b <
<6)
1	?
11
2	<
(7)
&
H
u
*£.
e
S
C4
(8)














*









































	






98. nsntContnli Check If ttia fol-
lowing plant control* irt avaiiafila
fai Mil* dlienarje.
Alternate power (ource tor major
pumping facility.
Alum or amarsaney proceauta for
r or equipment failure
m
Complete Item 19 If dlscnar«e is
from cooling ana/or iteam water
#anarattan and water treatment
additives ara utad.
1«. Water Treatment Add HUM If tna
discharge It traatad wim any con. .
•Itloner, InMBitor, or alflcide,
answer tna following:
a. Nama of Mat aria I (a)
b. Nama and address of manu-
facta rer
C. Quantity (eoundi added par
million fallons or watar traatad).
31»a
ai»»
>•*«
Q APS
Oalm
CM fan* 7SSO-13 (7.73)
11-7
A-10
-------
OISCMARCE SERIAL NUMBER
FOR ACCNCV use









fl. Chemical composition of these
additives ism instructions).
2t9d
Complete items 20-25 if there is a thermal discharge
associated.witn a steam and/or power generation
plant* it»*J mi/l, petroleum refinery, or any other
manufacturing proctis) 4nd tne total discnarqa now is
10 million gallons per day or more, (see instructions)
20. Thermal Oischsrgi Source Check
the appropriate item(s) indicating
the source of tne discharge, (see
Instructions)
•oiler Slowdown
Bolter Chemical Cleaning
Ash Pond Overflow
Boiler Water Treatment — Evaoora*
tor Qlowdown
OH or Coal Fired Plants — Effluent
from Air Pollution ControlOevKes
Condense Cooling Water
pooling Tower Slowdown
Manufacturing Process
Other
31. Dischargt/Reeeiving Water Tamper*
attire Difference
Give the maximum temperature
difference between the discharge
and receiving waters for summer
and winter operating conditions.
(see instructions)
Summer
Winter
tl. Discharge Temperature, Rate of
• Change Per Hour
Olve the maximum possible rate of
temperature change per nour of
discharge under operating con*
dttions. (see instructions)
S3. Water Temperature, Percentile
Report (Frequency of Occurrence)
In the table below, enter the
temperature which is exceeded 10%
Of the year, 9% of the year, 1% of
the year and not at all (maximum
yearly temperature), (see instructions)
Frequency of occurrence
* Intake Water Temperature
(Subject to natural changes)
ft. discharge Water Temperature
34* water Intake Velocity
(see Instructions)
39. Retention Time Give the length of
time,' m minutes, from start of
water temperature rise to discharge
of cooling water, (see instructions)
220
2*1%
221»
V-
222
2.3a
323b
334
33$
Qblbo
~	bccl
~apop
~epbd
OOCFP
~	COINO
QCTBO
~	MFPR
~	OTHR
F./hour
10*
s*

Maximum
•p
Op
°p
°F
«r
®r
°p
°P
If A ftm 7590.23 (7-73)
it-s
A-ll.
-------
FORM APPROVED
OMB No. ISS-fiOlOO
DISCHARGE SEAIA). NUMBER		











St. Addition*! Information

Information











-





. . ¦ _ - .....



































•











.


ir* P«m 7350.31 (7.71)
11*9
A-12
-------
APPENDIX B
-------
California Regional Vater 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 vill be conducted on lands located in the following
townships: T10N, R8V; TUN, R9W; Tllft, R8V; and T12N,
R9W, KDB & 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 assoc-
iated 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 vaters of the State.
4.	Waste condensate produced during geothermal power gener-
ation is metered and injected into the subsurface strata.
5.	The Regional Board adopted Order No. 70-4 Waste Discharge
Requirements 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.
7.	Beneficial uses of waters of Big Sulphur Creek (a Russian
Eiver tributary) include:
a.	recreation
b.	preservation and enhancement of fish and wildlife
c.	aesthetic enjoyment
d.	industrial water supply
B-l
-------
Order No. 73-134
-2-
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 require-
ments 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 that 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 construction, and road maintenance shall be placed
where it cannot be reasonably expected to be carried
into the waters of Big Sulphur Creek or its tributaries.
2.	Drilling muds, oils, and associated wastewater shall
only be disposed 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.
3.	All roads 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 Provisions for Monitoring and Reporting
as specified by the Executiye Officer.
5.	Sanitary facilities shall be provided at each drill site.
B-2
-------
Order No. 73-134
-3-
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
B-3
-------
APPENDIX C
-------
California Regional Vater 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
veil drilling or drill site preparation, including road construction.
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 immediately 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
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:
Monitoring
Constituents
Type of Sampling and
Units Sample Reporting Frequency
Electrical Conductivity
Boron
Sulfate
Nitrate
Volume
micromhos	grab
®g/l	grab
rog/l	grab
mg/l	grab
bbls/rno.	—
annually
annually
annually
annually
monthly
C-l
-------
Notification, Monitoring and
Reporting Program No. 73-134 -2-
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.
„ . . . ORIGINAL SIGNED BY
Ordered by
David C. Joseph
Executive Officer
December 19, 1973
C-2
-------
CAKU mill A REGIONAL VJATER QUALITY CONTROL BOARD
NORTH COAST REGION
GENERAL MONITORING AIJD REPORTING PROVISIONS
February 3> 1971
GENERAL PROVISIONS FCE SAMPLING AND ANALYSIS
Unless otherwise noted, all sampling, sample preservation, and analyses
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 par formed 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 ba 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 waste flow rate equals the capacity of the present
units.
C-3
-------
APPENDIX D
-------
Excerpt from 40 CFR Part 6 -
New Source NPDES Permits
(£.910* Guidelines-- for determining.
• whether to prepare ait EIS.	.5,..
The- following- guidelines shall be used
when performing the environmental re-
view:	¦ -r:	¦¦ ;
;  General guidelines.  When de-
termining- the significance of a. proposed
new source's impact, the responsible of-
ficial shall consider both its short term,
and long term effects as well as its pri-
mary and secondary effects as defined in
f 8.944(c). However, EIS's should be pre-
pared first on those proposed actions
with the most adverse effects which are
scheduled for earliest implementation
and on other proposed actions according
to priorities assigned by the responsible
official. - '
(2) If EPA Is proposing to issue a num-
ber of minor, environmentally insignifi-
cant new source NPDES permits, during
a limited time span and in the same gen-
era* geographic area the responsible of-
ficial' may determine that the- cumula-
tive Impact of the Issuance- of all these
permits may have a significant environ-
mental effect.	¦-¦..•r*-
\ (3)' In determining the significances
0f a proposed new source NPDES permit,!
the unique characteristics of the newi
source area should be carefully con->
aidered. For example, proximity to his—s
torlc sites, parldands, wetlands or wild
and scenic rivers: may make the- impact
significant. ~ ¦ ¦
 The new source win-
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 de>
termining- if these changes are environ-
mentally significant include but are not
limited to:'the nature and extent of the-:
vacant land subject to increased develop--:
menfc pressure as a result of the new.
source; the Increases in population: or
population density which maybe induced,
and- the r- ramifications-- o£ ;Vsuch>
changes; the nature- of land use regula-
tions in the affected area and their po-\
tential effects on- development* and the
environment; and the changes to the-,
availability :-or- demand -for energy'
and the; • resulting*-environmental*
consequences, - *
(2) Hie new source may directly-'or
through induced development have a sig-
nificant-adverse-effect upon local am-
bient- air quality, -locar ambient-noise,
levels, surface or groundwater quality or
quantity, fish; wildlife, and their natural,
habitats. -	^
(3> Any major part of the new source,
will be located on wetlands or will have
significant adverse effects on wetlands,',
including secondary effects. - - •
,' (4I Any major part of the new source
Witt be located otv or significantly affect-
the habitat of threatened or endangered
species on the Department of Interior's
lists^ of threatened and endangered
species.	¦ ; . •
¦ (5)-The environmental Jmpactof the
Issuance of new source NPDES permit is
likely to be highly controversial.
WThe-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 Place* or will cause irreparable-
loss or destruction of Significant scien-;
title, prehistoric,• historic or-archaeo-
logical data.
D-l
-------
APPENDIX E
-------
Excerpt from 40 CFR Fart 6 -
New Source NPDES Permits
" (t>) Draft environmental Impact state-
ments. The specific procedures that should bs
talcen with respect to drait environmental
Impact statements are aa follows;
(1) Before transmitting the draft stats-
merit to the Council oil Envtromneiitai
Quality, the responsible official should:
(1) Notify by phone the Ofice of Federal
Activities (OFA) that the draft Impact state-
meat has been prepared.
.. (11) Send two (2) copies of the draft state-
ment to the Office of Federal .Activities (OFA)
lor their review and comment. OFA may
seek assistance from other Agency compo-
nents to provide their review and comment
on all or individual environmental impact
statements.	• • • -
'¦ (2) If neither OFA nor one of the offlcea
.requested hj OFA foe comment requests any
Changes within a tea (10) working day
period after notification, the responsible of-
ficial should:
(l) Send fire (6) copies of'the draft en-
vironmental impact statement to the Counctl
on Environments Quality. -
(U) Inform the Office of Public Affairs of
the transmittal to the Council on Environ-
mental Quality and the plans for local preea
release.	-...
(IU) Notify the OOca of Legislationof th»
transmittal. -	r
¦ (3)- The responsible official should provide
copies of the draft statement to:
v"(l) The appropriate offices of reviewing
Federal agencies that have special expertise
or. Jurisdiction by law vttb respect to any
environmental impacts. The Council on En-
vironmental Quality's Guidelines (40 CFB
1500.8 and Appendices II and HI thereof)
list tboea potential agencies to which draft
EIS's may be sent for official review and com-
ment. Two (3) copies of the impact-state-
meat should be provided each agency -unless
Shay have made a specific request for more
copies. The agencies are expected to reply
directly to the originating EPA office. Com-
meoting agencies shall have at least forty-
five (45) calendar days to reply (the reply
period shall oommenoe from the date of pub-
lication in the Red dial Kxasra of lists of
statements received by the Council on En-
vironmental Quality); thereafter, it should
be presumed that,- unless a time extension'
has been requested, the agency has no com-
ment to make. EPA may grant extensions
where practical of fifteen (15^ or more calen-
dar days. ¦ .	.	" - v
. (U>^The Office of legislation if they re-
quest copies (two copies). ' '
(111) The Office -of Public Affairs (two
copies).
. (iv) -The Office of Enforcement (two
copies).'	* .. .
(r) The Office of Federal Activities (two
copies). •' • —
•' (4) The appropriate State and local agen-
cies and to the appropriate State and metro-
politan clearinghouses. The time limits for
review and extensions should be the same as
thcue available to Federal agencies.
(4). Interested persons and public libraries.
The time limits for review and extensions
should bs the same u those, available to
Federal agencies. - -it . . . . , 7..-
"(c) The responsible official should submit
to the local newspapers and other appropri-
ate media a news release (see Exhibit 8 .of
this Part) that the draft statement Is avail-
able for comment and where copies may b»
obtained.-	"
E-l
-------
APPENDIX F
-------
Excerpt from 40 CFR Part 6 -
New Source NPDES Permits
(6.924 Content- ot an • environmental-
impact statement.	¦ • •• v -
(a)	Cover aheet. The cover sheet shall
Indicate the type of ELS ("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 pre-
scribed in Appendix I of the August i„
1973 Council on Environmental Quality's
Guidelines <40 CFR 1S00). The format
Is shown in Exhibit 5.
(c> Body of statement. The body of
the EIS shall identify, develop, and ana-
lyze the pertinent Issues Included In the
¦even sections below. Each section need
not be a separate chapter In the state-
ment. The EIS shall serve as a- means
for Che responsible official and the pub-
lic to assess the environmental impacts
of the proposed issuance of a- new source
KPDES permit, rather than as a Justi-
fication for decisions already made. En-
vironmental Impact statements should
be prepared using a systematic. Inter-
disciplinary approach. Statements should
Incorporate all relevant analytical dis-
ciplines and should provide meaningful
and factual data, Information, and anal-
yses. The presentation should be simple
and concise, yet Include all facts nec-
essary ta permit independent evaluation
and. appraisal of the beneficial and ad-
verse- environmental effects on the
human environment ot alternative ac-
tions^. The amount of detail provided
should! be. commensurate both with the-
extent and- expected Impact of. the ac-
tions; and with, the amount of lnlorma-:
tlon 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 ot
the1 proposed EPA action.	u •:
(1) Background and description of the
proposed new source. The EIS shall de-
scribe the proposed source, its product
or purpose, its location. Ha construction
and operation time schedule. To prevent
piecemeal- decision -making,. the- new-
source should, be described: in s» broad'
* context as necessary. The relationship
of the proposed new source project to
other projects and proposals directly af-
fected by or stemming from the cosstcuc-
'tlon and the operation of the new-source*
shall be discussed;- including not only-'
other1 EPA activities,'but also those of
other Governmental and private organi-
zations. Development and population-
trend® In the project, area- and the as--
Bvmptions on which they are based shall
also be included. Haps; photos; and ar->
tist sketches should be Incorporated' IT
available when they help depict the en-
vironmental setting. If not enclosed, sup-
porting documents should be referenced.
. (2) Alternatives available to the pro-
posed. new source. The feasible alterna-
tives-available to the proposed new,
source- shall be described, developed and
Objectively weighed against the proposed
new source. The analysis should be suf-
ficiently detailed to reveal the EPA's com-
parative evaluation of the environmental-
Impacts-on the human environment,-
costs, and risks of each feasible alter-
native. The analysis of alternatives shall
include the alternative of not construct-
ing or operating the new source or post-
poning construction or operation. Feas-
ible design, process, and 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
ialternatives.-	r--
Environmental Impacts of the pro-
posed new source; This shall be a. de-
scription 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 im-
pacts. Emphasis should be given to dis-
cussing those factors most directly im-
pacted by the proposed activity.-
 Secondary impacts are Indirect or
Induced Impacts. Construction of a fa-
cility such as a. large Industrial facility
may stimulate or Induce secondary ef-
fects In the form of associated invest-
ments and changed patterns of social,
and economic activities. Particular at-
tention -should 'be- paid to potential
changes in ' population patterns or
growth. When such changes are signifi-
cant, their effect on the resource base,
1-woinHiwy land use, water quality and
quantity and air quality should be de-
termined. A discussion of how these im-
pacts conform or conflict with the objec-
tives and specific terms of approved or
proposed Federal, State, and local land
use plans, policies, and controls for the
area should be Included. ' - T T ~
(4)-Adverse Impacts, which cannot be
•voided should the new- source permit
lie 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 shall be taken, describe the ad-
vene 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 pat-
terns* damage to ecological systems, ur-
ban congestion,threats to health or other
consequences advene to the environmen-
tal goals set out In section 101(b) of the
National Environmental Policy- Act..
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(Si Relationship between local short
term, uses of the environment and the
maintenance and enhancement of Ions,
term beneficial uses.. This shall be a de-
scription of. the extent to which the pro-
posed activity Involves trade offs between
short term environmental gains at the:
expense of lone 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 com-
mitment of resources which would result-
lf a new source permit were Issued. This
-shall be a description, of the extent 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 dam-',
age can result from, environmental acci-
dents associated with the new source
and this possibility should be evaluated..
. (7) A. discussion of problems and ob-
jections raised by other Federal, State,
and local agencies and by Interested per--
sons In this review process. Final EIS's.
(and draft EIS's If appropriate} , shall
summarize the comments and sugges-
tions made by reviewing organizations
and shall describe the disposition of Is-
sues raised, e.g.* changes to the proposed
.new source to mitigate anticipated im-
pacts or objections. In particular, the
EIS shall address any major issues In
which, the EPA position differs from- re-
viewers' recommendations and objec-
tions, giving reasons why specific com-
ments and suggestions could not be
adopted. Reviewers' statements should
be set forth, in a list of "comments" and.
accompanied by EPA's "responses." ja
addition, the source of all comments,
should be clearly identified and eopfc*
of the comments (or summaries where
a response has been exceptionally long)
should be attached to the final EIS.
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APPENDIX G
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3200-21
(January 1974)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Serial Number
Proper BLM Office
GEOTHERMAL RESOURCES LEASE	Competitive
Noncompetitive
In consideration of the mutual promises, terms, am) 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	.	.(hereinafter called the
").
This lease is made pursuant to the Geothermal Steam Act of 1970 ( 84 Stat. 1566; 30 U.S.C. 1001-1025) (hereinafter called "the Act") to
b< effective on_			(hereinafter called the "effective date"). It»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
exntence upon the effective date, specifically including, but nut limited to, 43 CKR Parts 3000 and 3200 and 30CFR Parts 270 and 271, and all
thermal resources operational orders (hereinafter called "GRO orders") issued pursuant thereto, all of which are incorporated herein and, by
reference, made * part hereof, and (b) of any regulations hereafter issued by the Secretary (except those inconsistent with any specific provisions
of this lease cither than regulations incorporated herein by reference) all of which shall be, upon their effective date, incorporated herein and, by
lefetence, nude a part hereof.
tee. 1. QRANT. The Lessor hereby pants and leases to the Lessee the exclusive right and privilege to drill for, extract, produce, remove, utilize,
aefl, end dispose of geothermal steam and associated geothermal resources, hereinafter called "geothermal resources", in or under the following
described land* situated within the County of	, State of —	'•
Public Lends
T.
Meridian
-Total Ana
Acquired lands
Meridian
Total Arae.
Containing approximately^,	acres, hereinafter referred to es the "baaed area" or "leased leads", together with:
(a)	The non-exclusive right to conduct within the leased area geological and gaophysical exploration in accordance with applicable
regulations; and
(b)	The tight to construct or erect and to use, operate sad maintain within the leased area, together with ingress and egress thereupon aU
wells, pumps, pipes, pipelines, buildings, plants. sumps, brine pits, reservoirs, tanks, waterworks, pumping stations, roads, electric power generation
pleats, transmission Uno. industrial facilities, electric, telegraph or telephone lines and such other works and structures and to use so much of the
¦B&ce of the land as may be necessary or reasonably convenient for the production, utilization and processing of geothermal resources or to the
Ail enjoyment of the rights granted by this lease, subject to compliance with applicable laws and regulations; Prmidtd 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
regulation; and
(e) The nonexclusive right to drill potable water wells in accordance with state water laws within the leesed area and to use the water
produced therefrom for operations on the leased lands free of cost, provided that such drilling and development arc 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.5.C. 1(1-287) or under the Mineral Leasing Act for Acquired Lands (30 U-&.C. 351-359), whichever is appropriate, if the leasehold is
primarily valuable for the production of one or more valuable by-products which are Icesable under those statures, and the tease is incapable of
UHiimerrlil production or utilization of yeothermal 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 ell the terms and conditions of said appropriate Acts. The
leaee b slso 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) dayi
after the termination of this lease. Any conversion of this lease in a mineral lease or a mining claim is contingent on the availability of such lands
for thk purpose at the time of the conversion. I r 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 a> may be prescribed by such Department or agency for
Ifce purpura of making opetitions theteon consistent with the purposes for which these lands are administered; iad.
(e)	The tight, 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 rcutjection is necessary for operation tinder this lease in the recovering or
pi messing of geothermal resources. If the lessee, pursuant to any approved plan, disposes of the unuseMe brine and produced waste products into
aaieriyir* formations, he may do so without the payment of royalties.
am. x rum»
(a) This lease shall be for > primary term of ten (10) yean from
th* effective date and so long thereafter as geuthermal steam is
produced or utilized in commercial quantities but ihall in no event
enthmt for more than forty (40) yean after the end of the primary
latin. Howcvei, if at the end of that forty year period geothermal
«aem k being produced or utilized in commercial quantities, and the
leased lands are not needed for other purposes, the Lcssre shall have a
preferential right to a renewal of this lease for a second forty-year
(ana in accordance with such terms and conditions aa the lessor
deaaa 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 die end of the primary term, and are being
diligently prosecuted at the end of the primary term, this lease shall
be extended for five (S) yean and so long thereafter, bet not mora
than thirty-Ove (35) yean, aa fKHhermal steam la produced oc
utilized in commercial quantities. Ifat the end of such extended term
geothermal steam is being produced or uttiled in commercial
quentities, the Lasaee shall have a preferential right to a renewal for a
second term as is (a) above.
-1
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(c) It the Lessor determines at any time after the primary term
that this lesse b incapable of commercial production and utilization
of geolhermal steam, but one or more valuable by-products arc or can
be produced in commercial quantities, this lease shall be extended for
»k>« as Rich by-products are produced in commercial quantities I
but for not more than Ave (S) years from the date of such
determination.
tm. X RENTALS AND ROYALTIES.
(a)	Annual Rtnia!-Fot each lease year prior to the commence*
nest of production of geothermal resources in commercial quantities
os the leased land, the Lessee shall pay the Lessor on or before the
anniversary date of the lease a rental of i	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
till lease an escalated rental m an amount per acre or fraction thereof
equal to the rental per acie tor the preceding year and an additional
aim of one dollar. If the lean* is extended beyond 10 years for reasons
other than the commencement of production of gwthermal resources
kn 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. ff 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 *	per acre due the
Tiwit for that or any future year.
(c)	Roydty (1) On or before the last doy of the calendar month
altar ttie 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 ot utilized from this lease or reasonably
msceptible to sale or utilization by the Lessee.
(B)	A loyalty 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 ak or utilization by the Leasee, 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 ate of royalty for such mineral shall be che same as that
provided in that statute and the maximum rate of royalty for such
cninetal shall not exceed the maximum royalty applicable under
that statute.
(O A royalty of	% on the value of commercially
dbnineialized water which has been produced from the leased
lands, and has been sold or utilized by die Lessee or is reasonably
macapcible of sale or utilization by the Lessee. In no event shall
the Lessee pey to the Lessor, for the lease year beginning on or
alter the commencement of production in commercial quantities
Ofl the leased lands or any subsequent lease year, a royalty of leu
than S2 per acre or fraction thereof. If royalty paid on production
during the lease year has not satisfied this requirement, the Lessee
*41 pay the difference on or before the expiration date of the
ln«e year for which it is paid.
(e) Wtfw md Suspension of Renal and ftoyefriet-Rentals or
toy si ties 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 thst it b necessary to do so in order to promote such
development, or because the lease cannot be successfully operated
under the terms Axed herein.
(0 Undivided fractional Interest-Where the interest of the
Lessor hi the geothrrmal resources underlying any tract or tracts
deefribeii in Section 2 is an undivided fractional interest, the rentals
Md royalties payable on account of each such tract shall be in the
mam proportion to the rentals and royalties provided in this lease as
the individual fractional interest of the Lessor in the geothermal
feeeurcee underlying such tract is to the fuU fee interest.
(|) Retdfuttmena- Rent sis and royalties hereunder may be read*
JHed in accordance with the Act and regulation! to rates not in
awm of (he rates provided therein, and at not less than twenty (20)
year intervals beginning thirty-Ave (35) yean after the date goo-
thermit steam is produced from the lease as determined by the
Supervisor.
See. 4. PAYMENTS. It is expressly understood that the Secretary
My establish the values and minimum values of geothermal resources
for the purpose of computing royaHve* in accordance with the
applicable regulations. Unless otherwise directed by the Secretary, all
payments to the Lessor will be made as required by the regulations. If
tfw time for payment fslH on a day on which the proper office to
native payment is closed, payment shall be deemed to be nude on
time If made on the next official working day.
•ga. V. BONDS. The Lessee shsQ file with the Authorized Officer
and Ml, maintain at all times the bonds required under the
logeklkxis to be furnished as a condition to the issuance of this lease
fi.9
or prior to entry on the leased lands in the amounts established by the
Lessor and to furnish such additional bonds or security ss may be
required by the Lessor upon entry on the lands or after operations or
production have begun.
Sec, «. 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 (ease are
peid. However, in lieu of any part of such drilling and production,
with the consent of the Supervisor, the Lessee may comper«ate the
Lessor in ftiU 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 shaD drill and produce other wells in conformity with any
system of well spacing or production allotments affecting the Held or
area in which the leased lands are situated, which is authorized by
appicable law.
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lac. 12. REPORTS ANO OTHER INFORMATION. At such times
and in such form a* the Lessor may prescribe. the Lessee shall comply
with all repotting requirement* of the grothermal resources leasing,
operating, and unit regulation* and shall mbmit quarterly reports
containing the data m-hich it has collected through the monitoring of
air, 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 otiher reporting requirements at 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 e.\cepa eeolopc and geophysical interpretations, maps,
or data subject to X 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. 1& DIUGEWT EXPLORATION, in the manner required by the
regulations, the Lessoe shall diligently explore the leased lands for
jeothermal resources until there is production in commercial quan-
tities applicable to ihh lease. After the fifth year of the primary term
the Lesaee shall mobe at least the minimum expenditures required to
qualify the operations on the leased lands as diligent exploration
aider the regulatioati.
fee. 14. PROTECTION OF THE ENVIRONMENT (LAND, AIR
AND WATER) AND IMPROVEMENTS. The Lessee shall lake all
mitigating actions inquired by the Lessor to prevent: (a) mil erosion
or damage to oops or other vegetative cover on Federal or
non-Federal lends in the vicinity: lb) the pollution of land, air, or
water; (c) land utbodence, seismic activity, or noise emission*!; (d)
damage to aesthetic and recreational values; (e) damage to fish or
wildlife or their habitats; (0 damage to or removal of improvement*
owned by the United Slates oi other parties; or (g) damage to or
destruction or loss of fossils, historic or prehistoric ruins, or artifacts.
Prior to the tcrmiration of bond liability or at any other time when
required and to the extend deemed necessary by the Lessor, the
Lessee shall reclaioi aH surface disturbances us required, remove or
com ail debris or aobd waste, and, so far as possible, repair the offsite
and onmtc da mate caused by his activity or activities incidental
ttereto, and return access roads or trails and the leased lands to an
acceptable conditio* 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 Ac leased lands and other lands affected by
operations on the Mctacd lands and improvements thereon, whether or
not the improvements are owned by the United States. Timber or
mineral materials may K obtained only on terms and conditions
Imposed by the Authorized Officer.
See. 19. WASTE. Ifce .Lessee shall u*e reasonable precautions to
art waste of Mtsnl resources and energy, including geothcimal
moeicai, or of any minerals, and to prevent the communication of
water or brine zone* with any oil, gas, fresh water, or other gas or
watei bearing formations or zones which would threaten destruction
or damage to such fepostts. The Lessee shall monitor noise and air
aid water quality conditions in accordance with any orders of the
Swpervfcor.
See. IS. MEASUREMENTS. The Lessee shall gauge or otherwise
measure all production, sales, or utilization of geothermal resources
and shall record the lame accurately in records as required by the
Supervisor. The lUoeAi shall be kept and preserved by the Lessee for
a pedod of Ave (S) ywna.
•«. 17. RESERVATIONS TO LESSOR. All rights in the leased area
not granted to tbc Lessee by this lease arc hereby reserved to the
Laasor. Without liRating the generality of the foregoing such reserved
rights indude:
(a)	Dbposot-The right to sell or otherwise dispose of the surface
of the leased lands or any resource the leased lands under existing
bwi» or taws herealWv enacted, subj^t to the Lessee under this lease;
(b)	A&itt-ofiMiy-Thc right to authorize geological and geophys-
ical explorations om the leased bnda which do not interfere with or
endanger actual operations under this lease, and the right to grant
mcfc easements or ^jhts-of-wiy for joint or several use upon, through
Of in the loaaed ana for steam lines and other public or private
purposes which do oat interfere with or endanger actual operations or
facilities constructed wilder this lease;
(e) Mineral Rigftts-The ownership of and the right to extract oi),
hydrocarbon gas, and helium from all geothermal steam and aseo*
ciatad geothermal resources produced from the leased lands;
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of ttit Lessor on expiration of the 90-day period or any extension of
ttut period which may be granted by the Supervisor. If the Supervisor
directs the Lessee to remove such property, the Lessee shall do so at
hh own expense, or if he fails to do so within a reasonable period, the
Lessor may do 10 at the Lessee's expense.
*0. 25. REMEDIES IN CASE OF DEFAULT.
(a)	Whenever the Lessee fails to comply with any of the
provisions of the Act, or of this lease, or 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 (1) 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
UJ5.C. 1011). However, the 30-day notice provision applicable to this
taue under Section 12 of the Act shall also apply as a prerequisite to
the institution of any legal proceedings by the Lessor to cancel ihb
lease while it is in a producing sutus. Nothing in this subsection shall
be construed to apply to, or require any notice with respect to any
i*pi action instituted by the Lessor other than an action to cancel Ihe
lease pursuant to Section 12 of the Act.
(b)	Whenever the Lessee fails to comply with any of the
provisions of the Act, or 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 be may deem necessary to correct the
frfluit, 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.
(e) 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
bearing 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 Lesaor.
tea. as. HEIRS ANO SUCCESSORS IN INTEREST. Each obligation
hereunder shall extend to and be binding upon, and every benefit
hereof ihaO inure to, the heirs, executors, administrators, successors,
or assigns, of the respective parties hereto.
fles. 27. UNLAWFUL INTEREST. No member of, or Delegate to
Congress, or Resident Commissioner, after his election or appoint*
mant 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, or accepted
by or oa behalf of the United.States, form a part of this lease so for as
the same may be applicable.
See. 2t. EQUAL OPPORTUNITY CLAUSE. The Lessee agrees that,
during (ha performance of this lease:
(1)	The Lessee will not discriminate against any employee or
applicant for employment because ol' race, color, religion, sex, or
national origin. The Lessee will take affirmative action to ensure that
applicants arc employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national oiigin. 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 o 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.
•ee.30. SPECIAL STIPULATIONS:
to witness whereof the parties have executed this lease.
(Sgnetare of Limh)
(Signature of Leasee)
(Dele)
(3)	The Lessee 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, adviung 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 F.xecutive Order
No. 11246 of September 24, 1965, as amended, and of the rules,
reputations, and relevant orders of the Secretary of Labor.
(5)	The Lessee will furnish all information and reports required
by Executive OrdcT No. 11246 of September 24, 1965, as amended,
and by the rules, regulations, and order* of the Secretary of Labor, or
punuant 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 hn 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 (I)
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 eoch 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 tor noncompliance;
proridtd, 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.
Sac. 29. CERTIFICATION OF NONSEGREGATED FACILITIES.
By entering into this lease, the Lessee certifies that Lessee does not
and will not maintain or provide for Lessee's employees any
segregated facilities at any of Lessee's establishments, and that Lessee
does not and wiD 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 it not limited to, any waiting rooms, work ateas, rest
rooms and wash rooms, restaurants and other eating areas, time
docks, locker rooms and other storage or dressing areas, parting lots,
drinking fountains, recreation or entertainment areas, transportation,
snd houring facilities provided for employees which are segregated by
explicit directive or are « fact segregated on the basis of race, color,
religion, or national origin, because of habit, local custom, or
otberwiM. Lessee farther agrees that (except where Lessee has
obtained identical certifications from proposed contractors and
mbcodirectors for specific time periods) Lessee will obtain identical
certifications from proposed contractors and subcontractors prior to
the award of contracts or subcontracts exceeding SI0.000 which are
not exempt from the provisions of the Equal Opportunity clause; that
Lessee wfll retain such certifications in Lessee's Hies; and that Lessee
will forward the following notice to such proposed contractors and
subcontractors (except where the proposed contractor or 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
(32 F.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 SI0.000 which is not exempt from
the provisions of the Equal Opportunity clause. The certification may
be submitted either for each contract and subcontract or for all
contracts and subcontracts during a period (La., quarterly, semisn*
anally, or annually).
THSUHRtD STATES OF AMERICA
•r	
(AediorisH Officer)
owe)
(Me)
G-4
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APPENDIX H
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UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Notice Number
NOTICE OF INTENT TO CONDUCT GEOTHERMAL RESOURCE
EXPLORATION OPERATIONS
Applicant^)
Addresa (include zip code)
Operator
Addraaa (include zip code)
Contractor (a)
Addraaa (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 operationa 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 Q Bond to be furnished
Upon completion of exploration operationa the undersigned agrees to notify the Authored Officer that authorized exploration
operations Have been completed in conformance with the general and apecial terms and stipulations of the notice.
The undersigned hereby agrees (1) that he will not enter upon the deacribed land until he has been informed in writing whether
there are apecial stipulations applicable to his Notice of Intent, aa to either time or method of operation or otherwise, and. if
there are such stipulations, what those stipulations aro, (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 haa been approved by the Authorized Officer.
The undersigned agrees to be bound by the terns end 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 leaae.
The undersigned agrees further that all exploration operations
¦hall be conducted pursuant to the following terms and
conditions:
1.	Exploration operationa shall be conducted In complience
with all Federal, State, and local laws, ordinances, or
regulations which are epplicable to the area of operations
including, but not limited to, those pertaining to fire,
imitation, conservation, water pollution, flah, and game.
All operetlons hereunder shall be conducted in a prudent
Banner.
2.	Doe cere shall be exercised in protecting the deacribed
lends 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, roada, culverts, cattle guarda,
fences, dams, dikes, vegetative cover, improvements,
stock watering, and other facilities.
3.	All drill holes shall b* capped when not In use and
appropriate procedures shall be taken to protect against
(Continued on reverse)
hazards in order to protect the livee, safety, or property
of other persona 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 teken to safequard livestock and wildlife in the vicin-
ity of operationa. Existing roada and trails shall be
nssd wherever poesible. If new roada and trails are to be
conatructed, the Authorized Officer must be consulted
prior to construction as to location and specifications.
Reclamation and/or reaeedlng of new roads and trails
shall be mede aa requeated by the Authorized Officer.
5.	Upon expiretion, conclusion, or abandonment of operationa
conducted pursuant to this Notice, all equipment shell be
removed from the land, and the land shall be restored ae
nearly as practicable to its orlginsl condition by such
meaaurea aa the Authorized Officer mey specify. All
geophysical holes shall be aafely plugged. The Au-
thorized Officer shell be furnished e Notice of Com-
pletion of Geothermal Resource Exploration Operations
(Form 3200-3) immediately upon cessation of sll such
operations and ahall be further informed of the com-
pletion of reclamation work as soon a* possible.
6.	Locstion and depth of water ssnds encountered shall be
disclosed to the Authorized Officer.
Farm 3200-9 (December 1973)
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7« Operator shall contact the Authorized Officer prior to
Actual entry upon the Unci in order to be appraised of
practice* 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.
ft, Due care shall be exercised to avoid scarring or removal
of ground vegetative cover.
9. Ail operations shall be conducted in such a manner to
•void (a) blockage of any drainage systems; (b) changing
tbo 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. Vegetstlon shall not be disturbed within 300 feat of
wotora designated by the Authorized Officer, except at
Approved stream crossings.
}1. Surface damage which induces soil movement and/or
voter pollution shall be aubject to corrective action aa
ipqiifrart by the Authorized Officer.
Troila and campsites shall be kept clean. All garbage
foreign debris shsll be eliminated aa required by
the Authorized Officer.
13,	Operator aholl protect all survey monument a, witness
cantors, reference monuments, and bearing trees against
destruction, obliteration, or damage. He shall, at his
espouse reeatablish damaged, destroyed, or obliterated
eoeomottto and comers, usiog a licensed surveyor, in
accordance with Federal survey procedures. A record
d the roestobliahment shall be submitted to the Autho-
rised Officer.
14,	Operator shall make every reasonable effort to prevent,
control, Or suppress any fires started by the operator, and
to report, as soon ss possible, to the Authorized Officer
location and size of fires, and assistance needed to
suppress such fires. Operator shall inform the Autho-
rized Officer aa 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 adeveJoped
recreation site without specific written authority from the
Authorized Officer- Any travel within one-half mile of a
recreation aite 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 proviaiona of this
/Vofi'c* 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-
atock 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, li possible.
IB. Violation of, or failure to comply with any of these terms
and conditions ahall result in immediate shutdown of
field operstions until deficiency is corrected. Failure to
correct deficiency within the time period allowed by the
Authorized Officer shall result in forfeiture of bond.
Id. The Bureau of Land Management reserves the right to
cloae any area to operatora in periods of fire dsnger or
when irreparable damage to nature I resources is imminent.
20.	Contrsctor shall be liable for assuring compliance with
ail terms and conditions of this Notice and all actions
of his designated operator, agenta, and employeea.
21.	Where continuation of the operation will result in irrep-
arable damage to the land and other natural resources
this iVorice will be immediately cancelled by the Autho-
rized Officer.
22. Special Stipulations:
(Signature of Applicant)	(Date)	(Signature of Operator)	(Date)
fg hereby agree to the special stipulations added and made a part of this Notice to conduct exploration operations.
(Signature of Holder of Notice)	(Pate)		(Signature of Operator)	(Date)
1 Wteby approve this Notice to conduct exploration operations.
(Signature of Authorised Officer) 	 	(Title)			(Date)
e»o ui*att
H-2
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APPENDIX I
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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 proper-
ties. 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 specified. The Lessee must also notify the Board im-
mediately 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 ef-
fective 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 subsidence 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 deter-
mination.
(b)	At said meeting, the Board shall, to the best of its ability and to the
extend permitted by law, make available to Lessee for study any and all written
and graphic information and opinions theretofore received or prepared by or for
the Board relative to subsidence 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 pro-
vided and subject to conditions contained in a program, agreed to by both the Board
and Lessee, designed to alleviate or prevent further subsidence.
(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 1n 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, drilling, offset, and production
obligations are rendered impracticable or unreasonable as a result of the notice
to suspend 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 J
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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
Btate now and in the future is a matter of statewide concern.
(b)	It is necessary to provide a highTquality 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 prevent such
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.
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
*As amended by AB 889 (Chap. 1154), 1972; AB 2338 (Chap. 56), 1974.
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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
Betting 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
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
J-2
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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
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
J-3
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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-
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.
J-4
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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 to 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 shall 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
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-
J-5
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ment plan shall be deemed a single project.
21100. All state 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.
to minimize the impact t4 11 1
"****•*•'	4«<-1*
\u/ Aiicruauvcs iu mc proposed action.	t'n tt*-i i't . , i".
(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 request
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
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.

J—6
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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
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
J-7
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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,
and may consult with any person who has special expertise with re-
spect to any environmental impact involved.
J—8
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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.
(b)	Substantial changes occur with respect to the circumstances
J-9
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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
filing 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 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.
. (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
J-10
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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
¦ J-ll
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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
J-12
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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 pf this division which can
be given effect without the invalid provision or application thereof,
and to this end the provisions of this division are severable.
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.
J-13
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APPENDIX K
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California NPDES Procedures
TITLE 23 State Water Resources Control Board
(Register 75, No. 39-9-27-75)
78.13
Subchapter 9. Waste Discharge Reports and Requirements
Article	Article
1.	Fees	4.' Monitoring Program Reports, Time
2.	Procedures for Piling Reports	Schedules, and Technical Reports
Material Changes in Waste
Discharges
5.
Waste Discharges from Point
Sources to the Navigable Waters
Detailed Analysis
Article 1. Fees
Section
2201. Minor Discharges
Procedures for Filing Reports
Section
2207. Criteria for Filing Reports
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	22324. Certification of - Supervisors and
Operators of Municipal Waste-
water Treatment Plants
Article 5. Waste Discharges from Point Sources to
Narigable.Waters
Section
Section
2235.
2233.1.
2235.2.
2235.3.
2235.4.
2235.5.
2235.6.
Definitions
Filing a Report of Waste
Discharge
Transmission of Data to EPA
and Time for Comment on
Completeness
Regional Board Staff Proce-
dures for Determining if a Re-
port of Waste Discharge is
Complete
Regional Board Processing of
Completed Reports of Waste
Discharge
Formulation of Waste Dis-
charge Requirements
Other Terms and Conditions to
be Included in Waste Dis-
charge Requirements
2235.7. Duration of Waste Discharge
Requirements
2235.0. . 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
•nd/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.
S~- 8M7«
• K-l
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T&l*
yfaut	TITLE 83
(Rui.Ur 7S, No. «»—#-27-«J
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mahiac. tMtkanal apart baM, M hnh.au
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Motb: Authority cited far flahc&aptar 0! ScetloM 188 a ad 18200(4), Water
Coda. Refercact: Article 4 (eMUWttai with I 18290) at Ofao. 4 a( Dir. T,'
Watar Coda.
SWwib 1. New Bobehapter 9 (Section* 2200, 2206 tbtMgh 22OT ead 2210)
Oltd 12-Mt; effective thirtieth day thereafter (Begiater 6#, No.
- 4®»-
1 Amendment- filed 7-2-71; effective thirtieth (Ur thereafter 
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9&14.4	Warm	TITLE 29
(Ragfvtar 7% No.«—«-«4-7S)
(d) Increase in flow beyond that specified in (he waste discharge
requirements.
(a)	Increase In are* or depth to be used for aolid 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.
Bitmm: 1. Amendment fifed 12-3-701 effect! ra thirtieth day tkmlMr (B»
later 70. No. 46).
Article 4. Solid Waste Disposal
VMarr: 1. New Article 4 (Section. 2218 aad 221«) filed 11-8-701 etfeetiro
thirtieth da? thereafter (Rexlater 70, N«. 40).
8. Repealer of Article 4 (Sections 2216 and 2210) Sled S-10-721
effective thirtieth day thereafter (Itegiatar 72, Na. 11),
Article 4. Monitoring Program Reports, 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 site* with a rate of
discharge up to 200 tons per day, monitoring reports shall be-required
at least quarterly.
(b)	Forfiows of 0.25 million gallons per day and greater aad for
aolid 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.
(c) Each discharger with a monitoring program should be re-
quired to submit an annual report by Jauuary 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 bioossay analyses shall be re-
quired to be conducted at a laboratory certified for sueh 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.
None: Authority cited: Scctloa 189, Water Coda. Reference: Chapters 4, I
Bad 8 of Dltialoa 7. Water Code.
Biitorr: 1. New Article S (|| 2230. 2231 aad 2232) CM 12-3-70; effective
thirtieth day thereafter (Register 70, Na. 40).
2. Renumbering of Article B to 4 Sled 3-10-72; effective thirtieth
daj thereafter (Register 72, Na. 11).
t. Amendment of subsections (f) and (f) Sled 6-22-75, tfcctb*
thirtieth day thereafter (Register 76, Na. 21).
TITLE S3 Statu Watkb Resources Contboi. Board 78.115.
(Re«iatar7B,No.l»-«-Z7-7S)
3231. Tims 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 pennit 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 8hall be required to submit a technical report showing how
~olumcs 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.
Hitttrp: 1. tlepealer of subsection (e) tied 8-10-72; effective thirtieth day
thereafter (Ilcghttr'12, No. 11).
22321. 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.
Notk: Authority cited: Section 1030. Water Code. Reference: Chapter 0
(eeounmciag with Section 13625 of Division 7), Water Code.
JTM«n; 1. New aectloa filed 0-24-70) effective thirtieth day thereafter (Reg-
ister 75, No. 30).
Article 5. Waste Discharges from Point Sources to
Navigable Waters
2238. Definitions. The following definitions shall apply to this
srtiele:
(a)	"Navigable waters" mean the waters of the United Statea,
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.
(c) "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
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78.14.6	Wathm	TITLE SS
(Ravlatar 75,	4-27-7S)
stste 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, aewage sludge, munitions, ehemieal 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.
Not*: Authority Htedi 8*etloa 10T.S, Water Code. Reference: Clap. 5.8
(etamwiil with See. 13370) of D)». 7, Water Code.'
Blsltrr: ]. New Artie)* 5 (|| 2235, 2235.1 tkrotiRh 2239.18) Sled 24-T*
a* as etptrt*ac?S effective upon Alios (Register 73, No. #).
L Amendment of tuhoectlona (a) and (f) filed M-tJ aa aa nm-
feaey; effective upos fillnf (Register 7S, No. 14).
J, Certificate of Compliance filed t-lt-tl (BqWw It, No. 24).
8235.1. 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 pollutanta
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
eommencement of the discharge of pollutants to insure eomplianee 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 atandards and limitations, or with any applicable coning or
siting requirement established pursuant to Section 208 of the Federal
Water Pollution Control Act.
(e) The requirement for a report of waste discharge will be satis-
fied if the discharger files*
(1)	A complete Refuse 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 rise of discharge, and
(3)	Any additional information required by the regional
board executive officer.
(d) A new report shall be required 120 daya prior to any of the
fallowing:
(1) Addition of a major industrial waate discharge ot ea-
•entially domestic aewage, or the addition of a new process or
product by an industrial facility resulting in a change in the
character of the waate.
TITLE 33 State Water Resources Gontboi. Board 78.14.6.1
(fUgietw 74, No. 10-3-8-74)
(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 vjhich woujd significantly alter the
characteristics of the waste):'
(3)	Significant change hi 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 (low 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.
(•) The report,of wastp discharge shall bear a certification of cor-
rectness to be signed:
(1) In theicase of corporations, by a principal executive
officer at least ofc the level of vice president or his duly au-
thorised representative, ft such representative is responsible
for the overall operation of the facility from which the dis-
charge originates.
(£) 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 ease of a municipal, state, or other public fa-
cility, by either a principal executive offices, 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.
Dietary.- 1. Amendment of auhsertlon IM filed 4 0-73 aa an emergency; effect
. live npon filing IRrKiMer 73, No. 14>.
2. Ofrlideate of Compliance filed 0-13-73 (Register 73. No. 24).
2235.2.	Transmission of Data to EPA and Time for Comment on
Completeness. ' (a) The regional board executive officer shall, within
IS 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 rcgionnl adinin'"-trator s1..ill have 20 days to comment or
object in writing to an,, deficiency in the report of waste 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 odministrator 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.
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T8.14.6.S	Waters	TITUS 23
(R«gl*tor 74, N*. 10—J-»-74)
(e) If the report h incomplete, the regional board executive offi-
cer should request from the discharger such information u is required
to complete the report.
(d)	No further administrative action shall be taken until a coqft*
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 at Completed'Reports of
Waite 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 end 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
ahall prepare a staff report specifying the reasons why waste
discharge requirements should not be issued. This report
should be processed in the same manner aa proposed waste
discharge requirements.
(3)	If issuing waste discharge requirements ia desirable,
tbe regional board executive officer shall formulate tentative
waste discharge requirements including:
(A)	Proposed effluent limitations.
(B)	Proposed time schedule for compliance includ-
ing sny necessary interim dates. t
(C)	Proposed special conditions.
(D)	Proposed monitoring program.
(b) PmbUc notice of report of waste discharge.
(1)	After formulation of tentative waste discharge re-
quirements, a 'public notice of report of wtihte discharge shall
be prepared by (he 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 alt of the following:
(A) Posting in the post office and publie places of
the nmnicipnlily nearest the premises of the discharger
ia which the effluent sourer k located.
(II) Postinp near tlie entrance to' the discharger's
premises and in nearby places.
(C) Publication in local newspapers or in i daily
newspaper of general circulation. For major or eontro-
TITLK 23 > Rtatk Watch Resources Control Board 78.14.8.2.1
(Rtfltotw 74, No. 10—J-B-74)
venial discharges, the notice shall be published at least
Ave consecutive days.
Proof of posting and/or publication of the Ret tee shall be sub-
mitted to the regional board executive officer within 1$ daya of the
posting or of the publication if the notice was published. 8uch proof
shall be by affidavit of the publisher or foreman nt the newspaper or
•f Hie personwho posted the notice.
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TITLE 23 State Water Resources Control Board 78.14.6.3
(R.gi.tcr 73, No. 14—4-7-73)
(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 following information:
(A)	A sketch or detailed description of the location
of the discharge.
(B)	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.
(6) Summary of the applicable water quality stand-
ards and proposed effluent limitation.
(H) 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.
(C)	The district engineer, Army Corps of Engineers,
and any other >n to roster* federal agencies.
(D)	Tlie 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.
K-7
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78.14.6.4	Watem	TITLE S3
(Raglatar 73, Na. 15—«-7-73)
(3)	The public notice, fact sheet, and tentative watte,
discharge requirements dull be provided to any other person
upon request.
(4)	Upon request, the regional board executive officer
•hall add the mime of any person or ((roup to a mailing list
to m'i'ire 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.
(43) 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 tlic regional board executive officer fail
to inoor|>orate any written recommendation thus received, he
shall provide a written explanation of his decisiou to the af-
fccled state and regional administrator.
(d) Public access to information.
(1)	The 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 ami copying.
(2)	The regional bodrd executive officer shall provide
facilities for the inspection of information ami ahull make
arrangement* 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 arc 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 snch concur-
rence 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 dineussion.
(2)	Hearings will be held in a suitable location of con-
venient access in the geographical region of tbe discharge.
TITUS 89 State Water Kbsoubcm Contboi, Boamd 78.14.6.5
(Relator 74. No. t«—«-«-74>
(f) Public notice of public bearings.
(1)	The public notice of the public hearing shall be cir-
culated at least as widely as waa the Notice of tbe 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 afreet for the
report of waste discharge.
(4)	Notice shall be mailed to Any person or group npon
request.
(5)	Notice maybe published at any time after tbe pub-
lication of a notice of report of waste discharge but at least
SO days in advance of the hearing.
(6)	Notices for more than one hearing to be held at th«
same time and .place may be -combined.
ffwiry; 1. Amrndmeot (M 4-6-T3 •• ¦» tnifntft effectto* ap«a Alloc
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TUiM	Watebs	tttt.h
(Rtltotar 74, M*. 14—i-S-7»)
Bwentfjr to earry oat the provision* of the Federal Water
Pollution Control Act.
(2) If a toxie effluent standard la established pnmunt
to Section 307 of the Federal Water Pollution Control Act
for a toxie pollutant which is present in a discharge and an eh
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.
(8) If the waste discharge requirements contain en
effluent limitation for a parameter more stringent than the
applicable effluent limitation for the parameter developed par*
•uant 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 far
not in full compliance with all proposed effluent limita-
tions and other requirements.
1JI	(B) The time schedule shall be in accordance with
vij	any legally applicable schedule of compliance contained
fan
L Applicable effluent standards and limitations j
or,
2.	If more stringent, water quality standards!
«,
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 beyoml July 1,
1977.
(C)	If a time schedule eseeeds nine months,- one or
more interim,.reporting dates shall bfc required; in Mi-
event shall more than nine months elapse' bfetween in-
terim dates contained in a time scheduler
(D)	Either before or up4o 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 r*>'
porting tasks.
(B) 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 exceo-
TITUS 2S Statb Watob Bbsoobces Contbol Boabd 78.14.6.7
(lUstaar n> N*. W—9-Z7-7S)
tive officer shall transmit to the regional administrator,
with a copy to the state board, a list of all instances^ as of -
50	days prior to the date of such report, of fajlure 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 Anal requirement.
Bach 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.
r. 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.);
8. 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 ith instance of noncompliance with an interim
or final requirement (e.g., construction delayed due
to materials delay, st rike).
(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.
thitrf) t Amendment »t lubmttou (b)(1) sod (b)(5)(H) filed 4-6-73
•f an tmtrftnrr; effective upon tiling (flrgislrr 73, No. 14).
51	Certificate ot Compliance filed 0-13-73 (Register 73, No. 24).
8. Amendment of wtaectlon (b)(5) filed 4-4-74 aa procedural and
wtwlnUrail; effective upon filinc 
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78.14.6.8	Waters	TITLE 23
(Register 7S, No. 3»—9-27-75)
script ion of the quantity and quality of pollutants and the Impact of
aueh chanpe on the quantity and quality of effluent from such publicly
owned treatment works. A substantial change in volume Unconsidered
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(h), 307 and 308 i
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.
(e) All discharges authorised by waste discharge requirement*
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 requirement)
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.
BMotr: 1. Arcwlmmt of ¦aWctio* (c) 111*4 4-0-73 aa emergency! ef-
fective apon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Register 73, No. !4).
8, New aaliaection («) Ilea 0-24-76; effective thirtieth day thereafter
(Register 75, No. S«».
2238.7. Duration of Waste Discharge Requirements, (a) Waste
discharge requirements shall be adopted for a fixed term not to exceed
five years.	... ..a ,
(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.
UitUrt: 1. Amendment of anlawctioa (b) Sled 8-28-74 aa procedural and
organizational i effective apon filing (neg later 74, No. 34).
MUSI, Transmission to Regional Administrator of Proposed
Watte Discharge Requirements.
Butty: 1. Repealer Sled 4-6-73 aa a* emergency; effective apoa fillnc (Ret-
later 73, No. 14).
2. Certificate of Compliance filed 6-13-73 (Reglater 73, No. 24).
2235.0. Transmission to Regional Administrator of Adopted
Waste Discharge Requirements. Upon adoption of any waste dis-
charge requirements, the regional board executive officer shall, within
80 days, forward to the regional administrator • copy of such require-
ments.
TITLE 23 State Water Resources Control Board 78.14.6.9
(fUgietor 7% No. 21—8-24-78)
2239.10.	Reissuance of Requirements, (a) least 180 days
prior to expiration of waste discharge requirements, a discharger wish-
ing to coatinue a discharge shall file a new report of waste discharge,
as-required by the appropriate regional board.. Requiremcdts 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 aa required by the regional board, and (3) the
discharge is consistent with applicable effluent standards and Imputa-
tions and water quality standards or prohibitions.
(b)	The notico 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 poin£
•ource 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 aa to meet all
applicable standards of performance shall not %e subject to any more
stringent standard of performance during a 10-year period beginning
ron the date of completion of such construction or during the period
pf depreciation Or amortization of such facility for the purposes of
Seetioq 167 or 169.(or.both) of the Internal Revenue Code of 1954,
Whichever period ends first.	f
Hittny: 1. Amendment of aubserttaa (e) Died 4-6-73 a* an eo«rgeocri ef-
fective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 0-10-73 (Register 73, No. Hi).
2239.11.	Monitoring, (a) An appropriate monitoring program
shell be Included in all orders containing waste discharge requirements.
The program may require the discharger to install, Use ana maintain,
•t his expanse', adequate monitoring equipment or methods (including',
where appropriate, biological monitoring methods). • >'
(b) Draft monitoring programs shall be forwarded ty all inter*
ested persons with the tentative waste discharge requirements for re-
view and comment.	1
Any discharge which (I) 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
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 requirements, pollutants which could have a
significant impact on the quality of the receiving rite re, and
. pollutants specified by the regional administrator.
' (d) Each effluent flow or pollutant shall be monitored at intervals
•anciently 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.
Bt$totry: 1. Amendment of anbaection (b) filed 4-6-78 am an emergen^ t st»
fcctlve upon filing (Register 73, No. 14).
& Certificate of Compliant* filed 0-13-73 (Register T3, No. 34).
8238.18. Recording, (a) The discharger shall record the re*
sujts of all monitoring and shall include for all samples t
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78.14.6.8	Waters	TITLE 23
(Reg liter 78, N». S»—t-27-75)
7"	wwfrr -
seription of the quantity and quality of pollut ants.andr the riinpRctof'
aueh chnnpe on the quantity and quality of effluent from such publicly
ownfed trfeaTintsfct;'works. A'substantiaf change in volume is1 considered,
an inertwsc Of ten'percent in the mean dry weather flow rate. The dia-
elwfger shdlt W directed to forward a copy of such notice directly to
the regional administrator.
(b) A Condition shall be included for a discharge fturn s publicly
ownVd treatment works to comply with Sections 204(b), 307 and 308
of the Fefl^ntl Water Potlutl6ri Control Act. Theoperator of, the pub--
licl^oto'iied'treatment works shall require each industrial n*er, tosub-
mit't^riodic' notice (over intervals not to exceed nine.tnonth*) of peogn
res* toward cotnplinhce with Section -307 requirement*. The operator- of
the 'ptiblic treatment works Khali foe required to forward * copy of aueh
notice t6 the'repional board and the regional administrator.
n(c> "All discharges authorized by waste discharge requirements
shall 1>e consistent with the terms and conditions contained in such re-
quirement*. The discharge of any pollutant more frequently than or in
excess of that identified and authorized by the requirements shall eon*
stitute a violation of the terms and conditions of the requirements,
(d)	A condition shall be included to insure that the discharge*
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.
Mitlfw: i. Amendment of .Mbsecttofc . (e) AM 4-0-13 as ail MMffcaqr) ef-
fective ipoa Sling (ItegMer 73, No. 14).
Si Certificate  mb<*ctfmi (b) filed 4-0-T8 mm m taw*ill
_ tectlve upon fill** (Register TO,	¦ ...
B. Oertificato «f Oonpliau* lie* 0-18-7rt8«ciatar 7* Nat M).
.. PS3-*2- Socordlng. (a) The discharger shall record the r»r
softs of all monitoring and shall include for aU samplesi
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T&116.10	Waters	TITLE 29
(Refltiter 78, N*. M—5-24-rt)
(1)	The date, exact place, time of sampling, and vho took
the cample.
(2)	The date* analyses were performed sod who per-
formed the analyses.
(3)	Analytical techniques/methods used.
(4)	The results of such analyses.
(b) The discharger shall be required to retain for a minimum of
three yean 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 pollutanta by the discharger when requested
by the regional board executive officer or the regional administrator.
2238.13. Reporting, (a) Monitoring results shall be reported
on the proper NPDBS reporting form and ahy necessary form required
by the regional board.
(b)	The discharger shall be directed to forward a copy of tits mem?
ltoring data on thf proper NPDES form direetly to the regional admin*
iatrator.
(c)	For flows up to 0.25 million gallons per day, monitoring rs«
ports should be submitted at least quarterly. For flows ol 0.25 million
gallons per day and greater, monitoring reports should be submitted at
least monthly.
(d)	Monitoring requirement* shall inelude any national monitor*
ing and recording requirements specified in federal regulations. . •
(e)	Each discharger with a monitoring program must be re-
quired to submit an annual report by January 30, summarising th»
monitoring data for the previous year.
(f)	Chemical, bacteriological, and bioassay analyses shall be re-
quired to be conducted at a laboratory eertified for such analyses by
tbe State Department of Health. In the event a certificated laboratory
la not available to the discharger, the executive officer may accept
analyses performed by a noncertifled laboratory for a tfrfr-year period
subsequent to the adoption of these regulations provided that the
laboratory haa applied for certification..
(g)	Monitoring reports shall be signed by:
(1)	In the case of corporations, by a principal executive
officer at least of tbe level of vice president or his duly , au-
thorised 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)	Iu the ease of a sole proprietorship, by the proprie-
tor.
(4)	In the case of a municipal, state or other publie fa-
cility, by cither a principal executive officer, ranking elected
official, or olhrr duly authorized employee.
1. Amendment of mtMeetlnu (() Gt«l 0-22-75: tf«U« thirtieth 4*/
(hereafter (BifhUr 75, No. 21).
2238.14. Technical Reports. (a) When the flow volume of •
domestic discharge from a publicly owned treatment facility reaches
75 percent of that for which tbe requirements are set, the discharger
shall be required to submit a technical report showing how volumes of
TITLE 23 Rtatb Water ¦Resources Control Board 78.14.6.11
(Register TS, «e. 24—S-18-73)
efllnont iurxccss of that for which the requirement* nre established will
be treated mid disposed of, or h«w (low volumes will be prevented (rom
increasing beyond tlwt permitted by tlie requirement*.
(I») A tivlmtrnl report should lie required when any parameter in
tho requirement)! is threatened lu be vinlntwl by additional landings.
3235.15.	Compliance Determination. Each regional board slml!
develop a schedule for .inspection of nil waste dischargers within the
rcpiou to determine compliance M'ith waste djs<-har:!C requirements.
Each discharge shall be inspected Tor compliance with discharge rc-
quireinciitx tit. least annually.
2235.16.	Staff Procedures for Preparation and Presentation of
the Agenda.- (n) The agenda item relating to adoption of tentative
waxte discharge requirements shall oohkis) of a regional board execu-
tive nfliecr summary report, fact sheet, tentative requirements (includ-
ing time Rclieilnlfli), a monitoring program aild any other necessary
conditions.
(b) The regional hoard executive officer summary report should
not in general exceed one page and filinll discuss the salient features
and controversial aspects of the proposed discharge.
(e) For the nnirn complex cases, a staff report may be included
following the regional bonrd executive officer summary report.
(«l) Correspondence I rum interested persons should not be in-
eluded in the agenda folder but should be briefly summarized in the
regional lioard executive officer summary report.
(e)	Comments mid recommendations of other govern mental agen-
cies which are not directly related to water quality slmd not be in-
corporated within the agenda material and shall be transmitted to the
diachnrjrer im a scp:inite item, not part of the board order.
(f)	Tlie regional board o.\ec»ltive officer or a member of bis staff
will present the pertinent facts regarding the tentative requirements at
the board meeting.
(g)	Henior professional staff should be present at meetings to
Mtawcr s|MH"iBe technical questions..
(Ii) After requirement* are adopted, copies shall be transmitted
Ittomedinlely to the dimharjrer, eneh concerned njiemy, the state board,
ami »t her interested persons u|mn rof((ics-t. :
If Mary: 1. Amrmlntritt «f Milttm'thHiN (») mid (ft fltwt 4-Hutauts, the regional
board executive officer shall iliimcdiately notify by telephone the State
Water Iti-Knurrex <
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78.116.12
"Waters	TITLE 23
(Register 73, No. 24—«-16-73)
(b) If waste discharge requirements cannot bo proscribed which
folly protect all beneficial uses of any subsurface water, the discharge
of pollutants into the subsurface water shall be prohibited.
(e) Appropriate monitoring of effluent ami subsurface waters
shall be required for each discharge of pollutants iiito wells.
2235.19. Disposal of Sewage Sludge, (a) In any ease where
the disposal of sewage sludge resulting from the ojveration of treatment
works as defined in Section 212 of the Federal Water Pollution (Ion-
trol Act, (including the removal of in-phice sewage sludge from one
location and its deposit in another location) would result in any pol-
lutant from such sewage sludge entering the navigable waters. Such
dis|M>sal is prohibited except in 'accordance with waste discharge re-
quirements adopted by the state hoard or a regional kHtard and regula-
tions adopted by the administrator.
lihtory: 1. Svw	I *»'.*» ;»> ;ni riiu r-i'in'V;	tiling
I K*vis|i»r 7.'». N»» III.
CVrtiiir;il«* uf (Mlu)»iiaiMv liUnl f»-il»-7tf	7ft, No. IN).
K-13
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APPENDIX L
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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
cf s.
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 g.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 flows above 350 cfs. Also, these
standards do not apply in Caballo Reservoir at pool sizes below
25,000 acre feet.
L-l
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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
L-2
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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 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.
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/1
L-3
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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 sh^ll 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;
wannwater fishery
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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 thq Rio Chama.
Designated Uses - Irrigation; livestock and wildlife watering; marginal
coldwater fishery; secondary contact recreation
L-5
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RIO GRANDE 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.
L-6
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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 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 g.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.
L-7
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APPENDIX M
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J;e County Planning Cormission
RESOLUTION 75-127
WHEREAS the Planning Comission of the County of Lake, State of California
has considered the application for a Use Permit as applied for by
Burnuh Oil and Cas Corpany, 2828 Junipero Avenue, Long Beach, California
for geotherroal 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 Humbsrs
13-06-65 and 13-06-66, being portions of Section 27 and 34, Township 11
Korth, Range 8 West, Kt. Diablo Base and Meridian in accordance with-the
Lak« 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 detrinantal 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 iAke 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 Ir.pact Report and a Final Environmental Impact Report on the subject
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 California,
pertaining thereto, and pursuant to the Environmental Protection Guidelines
as referenced in the Ordinance Code, County of Lake, now therefore 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, fund the use may not proceed without the application for and approval
of a new Ose Permit. The Planning Commission may in its discretion
approve time extensions.
II-The Use Perait shall be subject to the following conditions:
A.	nine (3) 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 preparation,
specifically wells nusbered 7, 8 and 9, which may require additional
drill sites as nay be determined.
B.	TO PROTECT PLANT ASSOCIATIONS:
1.	Top soil shall be stockpiled for later respreading over the disturbed
area prior to re-seeding.
2.	Specific pad/road sites shall be evaluated by. a (jualififed 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 the 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
successful additional re-vegetation will be required in the
immediately succeeding fall season.
C.	TO PROTECT WILDLIFE HABITAT:
Hotes The E.I.R. on the basis of field reconnaisance, does not report
the subject area as being 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
then. Therefore, j.n order to minimize potentially adverse effects
to the wildlife habitat generally, only one condition is recommended,
although beneficent mitigations to wildlife are listed elsewhere.
M-l
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62
Lake County Planning Co-mic
RESOLUTION 75-127
CONTINUED
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 authorisation
of the Planning Commission.
D.	TO PROTECT ACAINST EXCESSIVE SOIL ERQSI0M, INDUCED LAND SLIPS AND SLIDES
AND SURFACE GEOLOGIC HAZARDS:
1.	A Registered Civil Engineer and an Engineering Geologist shall
certify all road excavation and sita preparation plans.
2.	A precise survey of the drill sites, the positioning of the
equipment 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 Vtorks in advance of any excavation.
3.	Filled slope banks shall not exceed 1^: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. P.s-
vegetation of slopes shall be carried out as specified in Condition B.
4.	A retaining levee of not less than eighteen inches (18") in height
and three feet (3') 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 Octo-
ber 10 iray be allowed by the Lake County Department of Public
Works Director upon establishment of a soil moisture specification
for any stated activity.
E.	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 sonitored
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 E.
3.	Mo drill site shall be located within five hundred feet (500')
of any creek flowing ten (10) months or more during the year
without specific approval from the Planning Commission.
M-2
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63
.ke County Planning Coraiissio;/
RESOLUTION 75-127
CONTINUED
4.	No hydrocarbon based cleaning agent, no waste oils or greases, no
liquid fuel shall bs discharged directly onto the surface of a drill
pad. All such liquids shall ba contained and removed from the site.
5.	All unattended drilling equipmsnt, well heads, sunps, ponds, shall
be protected from access by unauthorized persons.
6.	The applicant shall comply with the requirements of fire prevention-
practices and Measures as may be prescribed by the Chief, Middletown
fire Fortection 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 hy 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. Mo rr.ore than
five (5) days shall elapse from the date of the uncontrolled 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 QUALITY:
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 r.onitoring
climatic conditions, quantities or 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 Pollution Control District.
3.	Applicant shall secure a Permit to Operate from the Lake County Air
Pollution Control District prior to conmencement 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 operation
shall not exceed 65 db (A) at a distance of one-half M 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 sionitorings 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 AMD 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 geologic soils
and view impact.
I.	IN GRANTING THIS USE PERMIT THE LAKE COUNTY PLANNING COMMISSION MAKES THE
FOLLOWING FINDINGS:
1.	That this Use Permit does n6b abridge or supersede the rngulatory
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 Regulations, 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.
M-3
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Lake County Planning Commission
RESOLUTION 75-127
CONTINUED
3.	That this Dse Permit shall be subject to revocation or modification
by the Board of Supervisors of Lake County if:
». 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 granted 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
th-2 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 Sroten on this
9th day of October, 1975, and carried by the following roll call vote:
AYES: Commissioners Dennis Bailey, Richard Broten, A1 Koorhead,
Harvey Sampson, and Chairman Nancy Stolesen
HOES: None
ABSENT: Kone
WHEREUPON the Chairman declared the above and foregoing resolution duly
adopted.
SO ORDERED!
lake County Planning Commission
Nancy Stolesen, Chairman
Doris W. Wilcox, Secretary
AFFIRMATION:. I have read the above conditions and will comply.
M-4
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