Temperature Modeling to Confirm Compliance Sample Clauses

Temperature Modeling to Confirm Compliance. Chelan PUD shall collect or compile meteorological and water temperature data, including hourly water temperature data from the Xxxxx dam tailrace, for at least the first five years of the New License; such data shall be of sufficient quality to meet technical peer review group standards for running the CE-QUAL-W2 model. Using the data collected in the first five years of the New License, Chelan PUD shall run the CE-QUAL-W2 model to evaluate the Project compliance with numeric temperature criteria. Chelan PUD shall evaluate, as feasible, the causes of any modeled exceedances. Chelan PUD shall provide a report to Ecology in year six of the New License summarizing the results of the ten years of monitoring and modeling (first five years of the new License plus five previous years). The input data, modeling, and results shall be subject to a peer review and review by Ecology. If Ecology concludes that the Project is in compliance with numeric temperature criteria, Chelan PUD may reduce or eliminate the aforementioned monitoring and or analysis requirements with the approval of Ecology. If the Project is out of compliance with numeric temperature criteria, Chelan PUD shall submit to Ecology and FERC documentation to identify how it intends to come into compliance. However, in lieu of submitting such documentation, Chelan PUD may, upon a showing to Ecology that no reasonable and feasible improvements exist, request a change to water quality standards as appropriate and consistent with legal requirements. In evaluating whether all reasonable and feasible measures have been taken, Ecology will consider, among other relevant factors, information regarding biological impacts of temperature non-compliance caused by the Project and the extent to which the Project has achieved the Biological Objectives. If Chelan PUD petitions Ecology to modify the standards to eliminate any non-compliance with such standards, by filing a timely and scientifically robust petition, Ecology will provide a schedule for the evaluation and completion of action on such rulemaking petition. Such schedule shall provide target dates for Ecology’s determination of whether to grant or deny the petition, and, if granted, for submission of its proposed rule change to EPA. While such petition is pending before Ecology and EPA, no non-compliance orders or penalties for water temperature violations shall be issued against Chelan PUD, as long as Chelan PUD continues to operate in accordance with the S...
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