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EPA/WATER

RIN: 2040-AE95

Publication ID: Fall 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) for minimizing adverse environmental impacts. In developing regulations to implement section 316(b), EPA divided its effort into three rulemaking 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 Circuits remand.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously 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 CWA 301 CWA 304 CWA 308 CWA 316 CWA 401 CWA 402 CWA 501 CWA 510

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2008
Final Action	To Be Determined

Additional Information: SAN No. 5210
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Small Entities Affected: Businesses, Governmental Jurisdictions	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