Another article by Boutris Wittfogel
The essence of Dr. Peter Gleick's recent post, Water and energy: Obey the law on cooling systems (hold down control button and click on the blue link), is a timely reminder for polluters to heed the law. It reminds me of a similar issue looming large for the environment and the public interest. While the debate about the once-through cooling of power plants has essentially been limited to the design, capacity, and construction of intake structures, a federal law known as the California Toxics Rule, affects what comes out of power plants as well as what comes out of cities, factories, and mines as well as most other wastewater being "dumped" into our waterways.
The California Toxics Rule requires Power plants and their kind to achieve compliance with their permit limitations by May 18, 2010. This means that the power plants and company only have a few weeks to meet standards for chemicals such as chromium, chlorine, arsenic, lead, and many other - up to 126 chemicals.
This deadline should not be a surprise to anyone in the business, as it has been a well documented and understood fact for over ten years. California power plants, cities, factories, and mines have had ample time to plan, design, construct, and operate facilities to meet the May 18, 2010 deadline. Yet, I suspect most remain unprepared likely scurrying to conjure excuses to evade the law in the event the enforcement authorities come knocking.
I wonder what will happen May 19, 2010. Will power plants, cities, factories, mines, collectively flip a switch and follow the law? Will the Regional Water Quality Control Boards, which is responsible for enforcing the law, pursue and prosecute offenders? Will the Environmental Protection Agency compel the Regional Water Quality Control Boards to pursue offenders? Will any of the dozens of public advocacy groups file citizens' suits to collectively compel the power plants, cities, factories, mines, etc.; Regional Water Quality Control Boards; and Environmental Protection Agency to follow the law?
It could be a real mess looming; the type of mess attorneys dream about and taxpayers loathe. Dr. Gleick's general advice to follow the law is by far the cheapest solution for all, excepting the attorneys, be it once-through cooling system law or the California Toxics Rule. Here is to hoping everyone obeys the law.

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