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EPA/WATER | RIN: 2040-AE95 | Publication ID: Spring 2008 |
Title: ●Criteria and Standards for Cooling Water Intake Structures--Phase II Remand | |
Abstract: Section 316(b) of the Clean Water Act (CWA) requires EPA to ensure that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available (BTA) to protect aquatic organisms from being killed or injured by impingement or entrainment. EPA divided this rulemaking into three phases. Phase II, for existing electric generating plants that use at least 50 MGD of cooling water, was completed in July 2004. Industry and environmental stakeholders challenged the Phase II regulations. On judicial review, the Second Circuit remanded several key provisions. In July 2007, EPA suspended Phase II and is now initiating a new 316(b) Phase II rulemaking. EPA expects this new rulemaking will similarly apply to approximately 600 existing electric generating plants and will address the Second CircuitÂ’s issues on restoration, reliance on cost-benefit analysis, and the definition of BTA. | |
Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Undetermined |
CFR Citation: 40 CFR 9 40 CFR 122 40 CFR 123 40 CFR 124 40 CFR 125 | |
Legal Authority: CWA 101 301 304 308 316 401 402 501 and 510 |
Legal Deadline:
None |
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Timetable:
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Additional Information: SAN No. 5210; | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.epa.gov/waterscience/316b | |
RIN Data Printed in the FR: No | |
Agency Contact: Paul Shriner Environmental Protection Agency Water 4303T, Washington, DC 20460 Phone:202 566-1076 Email: Shriner.Paul@epamail.epa.gov Jan Matuszko Environmental Protection Agency Water 4303T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1035 Fax:202 566-1053 Email: matuszko.jan@epa.gov |