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EPA/WATER RIN: 2040-AE95 Publication ID: Spring 2009 
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 review, the U.S. Court of Appeals for the Second Circuit remanded several key provisions. In July 2007, EPA suspended Phase II and has now initiated a new 316(b) Phase II rulemaking. Following the decision in the Second Circuit, several parties petitioned the U.S. Supreme Court to review that decision, and the Supreme Court granted the petitions, limited to the issue of whether the Clean Water Act authorized EPA to consider the relationship of costs and benefits in establishing section 316(b) standards. On April 1, 2009, the Supreme Court reversed the Second Circuit, finding that the Agency may consider cost-benefit analysis in its descision-making. This finding did not hold that the Agency must consider costs and benefits in these decisions. EPA expects this new rulemaking will similarly apply to approximately 600 existing electric generating plants and will address the Supreme Court decision. 
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: State, local, or tribal governments; Private Sector 
CFR Citation: 40 CFR 122 to 125   
Legal Authority: CWA 101    CWA 301    CWA 304    CWA 308    CWA 316    CWA 401 and 402    CWA 501    CWA 510   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2009    
Final Action  06/00/2011    
Additional Information: SAN No. 5210; EPA Docket information: EPA-HQ-OW-2008-0667
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Undetermined 
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