[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Notices]
[Pages 26419-26422]
[FR Doc No: 2013-10683]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0018]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 16 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before June 5, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0018 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
    Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 16 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Luis A. Alvarez

    Mr. Alvarez, 57, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Alvarez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Alvarez meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class C operator's license from Maryland.

Jessie W. Burnett

    Mr. Burnett, 62, has had ITDM since 2010. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Burnett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Burnett meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Kansas.

Bradley W. Clark

    Mr. Clark, 60, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Clark understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Clark meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Utah.

Rickey B. Cohen

    Mr. Cohen, 60, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cohen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cohen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class C CDL from Maryland.

Ernest R. Copeland

    Mr. Copeland, 77, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Copeland understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Copeland meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.

Ricki A. Dean

    Mr. Dean, 54, has had ITDM since 2013. His endocrinologist examined
him in 2013 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Dean understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely.
    Mr. Dean meets the vision requirements of 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Florida.

Jerry L. Grimit

    Mr. Grimit, 47, has had ITDM since prior to 2010. His
endocrinologist examined him in 2013 and certified that he has had no
severe hypoglycemic reactions resulting in loss of consciousness,
requiring the assistance of another person, or resulting in impaired
cognitive function that occurred without warning in the past 12 months
and no recurrent (2 or more) severe hypoglycemic episodes in the last 5
years. His endocrinologist certifies that Mr. Grimit understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Grimit meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Bruce K. Harris

    Mr. Harris, 45, has had ITDM since 1996. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or

resulting in impaired cognitive function that occurred without warning
in the past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Harris understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Harris meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2013 and certified
that he does not have diabetic retinopathy. He holds a Class C
operator's license from Texas.

Marsha K. Kanable

    Ms. Kanable, 44, has had ITDM since 1985. Her endocrinologist
examined her in 2013 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Kanable understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Kanable meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2013 and certified that she does not have
diabetic retinopathy. She holds an operator's license from Indiana.

Richard J. Kirchner

    Mr. Kirchner, 59, has had ITDM since 2004. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kirchner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Kirchner meets the vision requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in 2012 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Minnesota.

Michael G. Lorelli

    Mr. Lorelli, 21, has had ITDM since 2002. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lorelli understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lorelli meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
New York.

Richard B. Maurer

    Mr. Maurer, 65, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Maurer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Maurer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

James M. McClarnon

    Mr. McClarnon, 52, has had ITDM since 1987. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McClarnon understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McClarnon meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Rhode Island.

Mario A. Ramirez, Jr.

    Mr. Ramirez, 59, has had ITDM since 2007. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ramirez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ramirez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2012 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

Daniel L. Smith

    Mr. Smith, 43, has had ITDM since 2005. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class A CDL from
Nebraska.

Kurt D. Witthoeft

    Mr. Witthoeft, 50, has had ITDM since 2000. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Witthoeft understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Witthoeft meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he does not
have

diabetic retinopathy. He holds a Class A CDL from Minnesota.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: April 25, 2013.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2013-10683 Filed 5-3-13; 8:45 am]
BILLING CODE P


[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51458]
[DOCID:fr03se08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2413-104]

Georgia Power Company; Notice of Application for Amendment of
License Soliciting Comments, Motions To Intervene, and Protests

August 26, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2413-104.
    c. Date Filed: May 12, 2008, and supplemented on August 4, 2008.
    d. Applicant: Georgia Power Company.
    e. Name of Project: Wallace Dam Project.
    f. Location: The proposal would be located immediately adjacent to
the Georgia Highway 44 bridge as it crosses Lick Creek, on Lake Oconee,
in Putnam County, Georgia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Lee Glenn, Lake Resources Manager, 125
Wallace Dam Road NE, Eatonton, GA 31024,<PHONE_NUMBER>.
    i.  FERC Contact: Isis Johnson, Telephone<PHONE_NUMBER>, and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: September 26, 2008.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice require all interveners filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervener files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    k. Description of Request: Georgia Power Company filed an
application seeking Commission approval to grant Oconee Bait and Tackle
(for Jones Petroleum) to complete improvements and modifications to an
existing commercial facility. These improvements include: (1) Removal
of a single-slip dock; (2) installation of a boat launching platform
for boats in an adjacent dry-storage facility (located off project
lands); (3) removal of a wharf dock; (4) removal of a platform that is
currently attached to an existing dock; (5) removal of a small platform
that is currently attached to an existing ramp and pier dock; and (6)
the extension of an existing seawall. All structures would be built in-
place and existing vegetation would remain, or be restored once
construction is complete.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20259 Filed 9-2-08; 8:45 am]

BILLING CODE 6717-01-P


                               Site Visit Report

      Valero -- Delaware City Refinery
      2000 Wrangle Hill Road
      Delaware City, DE 09706
      July 15, 2009

1.0	Background and Objectives

      The Environmental Protection Agency (EPA) is in the process of developing 316(b) cooling water intake structure requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact for all existing power plants and manufacturing facilities.  As part of this process, EPA staff is visiting electric generators and manufacturers to better understand the cooling water intake structure (CWIS) technologies in use at typical facilities, including the site-specific characteristics of each facility and how these affect the selection and performance of CWIS technologies.  EPA is also visiting facilities to better understand cooling water use and specific issues or technologies that can affect 316(b) compliance.  Valero's Delaware City Refinery was selected for a site visit because it utilizes cooling water in its petroleum refining processes and in electricity generation.[,]

2.0	Facility Description

      Valero's Delaware City Refinery is located on approximately 5,000 acres along the Delaware River south of Wilmington, DE.  The refinery was built in 1956 and employs approximately 760 Valero personnel.  The facility has two NPDES permits, one for the refinery and the other for a cogeneration power plant (NPDES permit numbers DE0000256 and DE0050601, respectively).  The permits have expired (August 31, 2002 and June 30, 2007, respectively) and are in the process of being renewed.

3.0	Manufacturing Information

      The facility processes heavy, high-sulfur crude oil to produce conventional and reformulated gasoline, low-sulfur and ultra low-sulfur diesel, and home heating oil as well as liquid natural gas and propane.  Crude is received by ship at the facility's dock and offloaded to storage tanks.

      Production is approximately 180,000 barrels per day (production was 160,000 barrels per day the day prior to the site visit).  Facility representatives noted that production is at or near historic levels, but that profits are currently much lower than before.

      Cooling water usage at the facility includes trim cooling via heat exchangers, overhead condensers on distillation columns, and the firewater system.  Water used for non-contact once-through cooling undergoes little pretreatment and is typically dosed with small amounts of sodium hypochlorite prior to being discharged back to the Delaware River.  Process water and contact cooling water is comprised of a combination of source waters (nine onsite groundwater wells, municipal water systems, and freshwater streams) and undergoes water treatment prior to use.

4.0	Cooling Water System and Intake Structure

      The Valero Delaware City Refinery operates one CWIS that withdraws from the Delaware River.  The CWIS is located at the end of an intake canal and is approximately (1/2) mile downstream of the main discharge outfall for the refinery and cogeneration plant.  The CWIS is comprised of a concrete structure with a trash rack with nine circulating water pumps and one one-half capacity pump.  The design intake flow (DIF) is 465 million gallons per day (mgd) but the facility is limited by its water use permit with the Delaware River Basin Commission (DRBC) to a maximum withdrawal rate of 452 mgd.  The actual intake flow (AIF) varies throughout the year; in the summer, the facility generally operates all nine pumps.  The facility does not know the through screen velocity.  Each pump has a dedicated 10-foot travelling screen which is rotated and rinsed for 20 minutes three times per day.  The screens are of different mesh sizes and are being replaced at the rate of one per year.  The combined fish and debris return (an open concrete trough) is routed back to the canal outside of the initial trash rack.   Downstream of the screens, there are three bays and two six foot headers.

      The refinery's fire suppression system is comprised of a single pump located at the CWIS and a holding tank at the refinery.  The pump operates intermittently to maintain an adequate water level in the tank, but can also directly supply water to the fire suppression system if needed.

      This portion of the Delaware River is tidal and brackish in nature.  The canal is dredged twice per year (spring and fall).  Since the Delaware River is tidal in this segment, the facility's intake can entrain warm water from the discharge outfall depending on tidal direction.

      The refinery discharges through a 13 MGD water treatment plant and into two holding ponds (aka "guard basins").  These basins provide additional evaporative cooling and also serve as a safety factor in case of catastrophic failures or leaks at the facility.  The power plant effluent discharges just downstream of the basins; the combined effluent cascades down a series of steps (for aeration and cooling) before entering the river.

5.0	Flow Diagram

      Based on information provided in the facility's detailed industry questionnaire and from the site visit, EPA has constructed a water flow diagram.  Virtually all water withdrawn at the refinery and power plant is for non-contact cooling water.  A small amount of pipe washing occurs but generally uses treated freshwater from other sources.  Some contact water is used in other processes and the coker unit uses some quench water, but much of the process water (and any heat produced) at the refinery is recycled.  Contact water is treated at the facility's wastewater treatment plant before discharge.  See Attachment C for the diagram.

      As noted above, the DRBC limits the amount of water Valero can withdraw.  In an effort to reduce water withdrawals as it grew and added processes and to recover as much heat as possible, the facility began installing dry and wet cooling systems in the 70s and 90s, respectively.

6.0	Electricity Generation and Transmission

      The refinery has a 280 MW cogeneration facility located onsite.  The cogeneration facility was originally designed to use the refinery's petroleum coke production as the fuel source.  In 1998, the power plant was repowered with a combined cycle turbine to increase the generating capacity and now uses gasified petroleum coke as its fuel.  The power plant supplies electricity and steam to the refinery and accounts for approximately 33% of the cooling water needs for the complex (refinery and cogeneration plant).

7.0	Impingement and Entrainment Information

      Impingement and entrainment studies were conducted in the 1990s  -  2000 time period.

8.0	Cooling Tower Feasibility

      Valero has several cooling towers, several of which are process-dependant.  One was constructed for a process that is no longer in operation and is not currently being used.  The cogeneration facility has a 3-cell helper cooling tower which is used approximately 4 months per year to provide supplemental cooling in the warmer summer months.  All of the cooling towers are wooden and many are only operated seasonally.  Typically, the towers using the untreated saline river water have 1.5 cycles of concentration.  An onsite vendor maintains standard antifouling and antiscaling chemical feeds for all the towers.

      The facility has considered retrofitting additional closed-cycle cooling at the site, but has concluded that closed-cycle cooling is not the most appropriate solution.  Facility representatives discussed the limitations of both dry and wet cooling and the difficulties with the use of existing cooling towers at both the refinery and cogeneration plant.  Specifically, they noted that the brackish nature of the Delaware River may influence the metallurgy within the cooling system and limit the cycles of concentration that can be achieved without pretreatment.  They added that the existing wastewater treatment capacity at the refinery might not be able to treat the increased flows that would be generated by closed-cycle cooling systems.  In addition, groundwater or municipal sources are unlikely to be available for makeup water.  Facility representatives also noted that closed-cycle cooling systems are limited by the ambient air temperature and humidity, requiring that the cooling towers be overdesigned to perform in worst case conditions.

      Facility personnel also mentioned potential drift or plume from the towers; however, no mention was made of any problems from current towers on-site.  Lastly, facility representatives noted that the refinery had made significant capital investments in improving the metal tubing throughout the facility in an effort to improve process efficiency and reduce the concentration of metals in the effluent; if closed-cycle cooling were installed, the cost-effectiveness of these upgrades may be lost or significantly reduced.

9.0	Future Activities

      As part of its discussions with DNREC concerning the renewal of the facility's two NPDES permits, Valero may be required to reduce water usage at the facility.  Facility personnel are also continuing to investigate reusing treated effluent and redistributing the heat load throughout the facility as ways to reduce cooling water requirements.

10.0	Cooling Ponds

      There are no recirculating cooling ponds on-site.

11.0	316(a)

      The NPDES permit contains temperature discharge limits including a daily maximum withdrawal volume.  During portions of the summer, the facility has problems meeting the thermal limits, occasionally resulting in a reduction of production capacity.

12.0	Ash Handling

	There is no ash produced onsite.

13.0	Air Emissions Controls

      The facility is currently constructing a scrubber system on the cracking unit and is retrofitting the boilers at the power plant to low NOx burners.  EPA did not collect any further data on air emissions.

13.0	Issues with Debris

      The Delaware River carries a high debris load, especially after large storms.  Other than the dredging of the cooling water canal due to silt and sediment buildup, the facility did not identify any problems with handling the debris loading.  Periodic cleaning of the area directly in front of the CWIS (and behind the canal bar rack) also occurs to remove material.

15.0	Additional Information

      The facility considered several intake technology options.  A 2007 fine mesh wedgewire screen feasibility study concluded that a large number of screens would be required and that locating the screens in an area of sufficient depth would be difficult.  Obtaining permits and ongoing maintenance (such as dredging) would also be difficult and expensive.  Other technologies were examined, but were largely not considered due to poor performance in entrainment reduction.

      The facility's NPDES permit does not contain any requirements for 316(b).  As noted in Section 4.0, however, the facility does have a maximum permitted flow of 452 mgd.  During portions of the summer, the facility occasionally has to curtail production as it approaches the withdrawal limit.

      The facility had a 3-month shutdown earlier this year; this was the first time the entire plant had been closed in its history (nearly 60 years).

      A small rail line within the property is owned by Valero, but a second rail line (separating the refinery from the power plant) is not.

Attachments

Attachment A		List of Attendees
Attachment B		Aerial Photo
Attachment C		Flow Balance Diagram

Attachment A--List of Attendees

Paul Shriner, USEPA
Jan Matuszko, USEPA
Steve Geil, Tetra Tech
Kelly Meadows, Tetra Tech
Mike Gudgeon, Valero
Eric Jacobs, Valero
Joe Greenfield, Valero
John Gillespie, Valero
Brian Muldowney, Valero
Mike Seaner, Valero
Bob Wojewodski, Valero

Attachment B--Aerial Photo

Please see DCN 10-6553A accompanying this document.

Attachment C--Flow Balance Diagram