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Cronin, et al. v. Browner

U.S. District Court, Southern District of New York

No. 93 Civ. 0314 (AGS)

July 10, 1996

Pursuant to paragraph 3(a) of the Consent Decree in the above-referenced matter, the U.S. Environmental Protection Agency ("EPA" or "the Agency") provides this third Quarterly Status Report concerning its actions to propose and take final action with respect to regulations under 316(b) of the Clean Water Act ("CWA").

In the last quarter, the three subgroups described in the Second Quarterly Status Report have continued to work on their assigned analytical tasks and to meet regularly. The "Regulated Universe" subgroup has analyzed six major data bases and other information sources to be used in determining which industries and types of facilities should be the subject of this regulatory proceeding. The "Adverse Environmental Impact" subgroup has begun to define what information is needed to determine what is an "adverse environmental impact," and has discussed how best to collect that information. Similarly, the "Best Technology Available" ("BTA") subgroup has begun to define the information needed to determine options for "best technology available" to minimize any identified adverse environmental impacts, and has begun to consider how best to collect that needed information.

Most of EPA's efforts over the last three months have been directed at the preparation of questions for a detailed survey questionnaire under 308 of the CWA, as described in the Second Quarterly Status Report. The purpose of this survey is to collect data needed to help EPA determine what is an "adverse environmental impact" and what is the "best technology available" to minimize such impacts under 316(b). Before administering the detailed 308 survey questionnaire, EPA intends to send out a "screener" survey to non-utility facilities. The results of the "screener" survey will assist EPA in selecting an appropriate sample of facilities that employ cooling water intake structures to receive the detailed 308 survey questionnaire. EPA began to develop the screener survey during the last quarter.

The undersigned, James F. Pendergast, is acting Director of the Permits Division of EPA's Office of Wastewater Management. The Permits Division has primary responsibility for discharging EPA's duties under the Consent Decree.

James F. Pendergast