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EPA/WATER

RIN: 2040-AD62

Publication ID: Spring 2001

Title: Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 2
Abstract: This rulemaking affects, at a minimum, existing electricity generating facilities that employ cooling water intake structures and whose intake flow levels exceed a minimum threshold to be determined by EPA during the rulemaking. Section 316(b) of the Clean Water Act provides that any standard established pursuant to sections 301 or 306 of the Clean Water Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. A primary purpose of the rulemaking is to minimize the impingement and entrainment of fish and other aquatic organisms by cooling water intake structures. Impingement refers to trapping fish and other aquatic life against cooling water intake screens. Entrainment occurs when aquatic organisms, eggs, and larvae are drawn into the cooling system, through the heat exchanger, and then pumped back out, often with significant injury or mortality to the entrained organisms.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 9, 122, 123, 124 and 125 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 USC 1311 CWA sec 301 33 USC 1316 CWA sec 306 33 USC 1326 CWA sec 316 33 USC 1361 CWA sec 501

Legal Deadline:

Action	Source	Description	Date
Final	Judicial		08/28/2003
NPRM	Judicial		02/28/2002

Statement of Need: In the absence of the required national regulations, Permit Directors have implemented cooling water intake limitations incompletely and inconsistently. Literally, tons of fish and other aquatic organisms may be cropped annually as a result of cooling water intake structures at a single large facility.

Summary of the Legal Basis: This action is required under consent decree in settlement of Cronin, et al v. Reilly, 93 Civ. 0314 (AGS) (U.S.D.C., Southern District of New York, October 10, 1995).

Alternatives: The analysis will cover various sizes and types of potentially regulated facilities. EPA is considering whether to regulate site-by-site, nationally, or on the basis of broad categories of water body types.

Anticipated Costs and Benefits: Costs are undetermined. A qualitative assessment of benefits at several large facilities indicates the potential for significant benefits when large intakes are controlled. Costs and benefits are generally expected to be smaller at facilities that use smaller amounts of cooling water.

Risks: Cooling water intake structures may pose significant risks for aquatic ecosystems.

Timetable:

Action	Date	FR Cite
NPRM	02/00/2002
Final Action	08/00/2003

Additional Information: SAN No. 4474 Split from RIN 2040-AC34.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: Yes
Sectors Affected: 21 Mining; 22111 Electric Power Generation; 22133 Steam and Air-Conditioning Supply; 311 Food Manufacturing; 3122 Tobacco Manufacturing; 313 Textile Mills; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 327 Nonmetallic Mineral Product Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance and Component Manufacturing; 336 Transportation Equipment Manufacturing; 61131 Colleges, Universities and Professional Schools
Agency Contact: Deborah Nagle Environmental Protection Agency Water 4303T, Washington, DC 20460 Phone:202 566-1063 Fax:202 566-1053 Email: nagle.deborah@epa.gov J. T. Morgan Environmental Protection Agency Water 4303, Washington, DC 20460 Phone:202 260-6015 Fax:202 260-7185 Email: morgan.james@epa.gov