Summary
This proposal is intended to protect fish and other aquatic organisms
from being killed or injured by cooling water intake structures used by
industries. It will establish new requirements to protect the most
biologically sensitive areas, including tidal rivers and estuaries, and
will establish minimum standards for cooling water intake structures at
new facilities. Section 316(b) of the Clean Water Act (CWA) directs EPA
to assure that the location, design, construction, and capacity of
cooling water intake structures reflect the best technology available
for minimizing adverse environmental impact. The proposed rule would
apply to new facilities that use large amounts of cooling water,
primarily facilities in these industries: steam electric power
generation, pulp and paper making, chemical manufacturing, petroleum
refining, and primary metals manufacturing (including iron and steel
making and aluminum manufacturing).
Background
In 1976, the Agency published a final regulation implementing CWA
section 316(b). However, industry groups challenged the regulation, and
the United States Court of Appeals for the Fourth Circuit Court remanded
it for procedural errors in 1977. In 1995, EPA entered into a consent
decree with the Riverkeeper and a coalition of other individuals and
environmental groups and committed to complete a section 316(b) rule by
August, 2001. The Court Order now in effect requires EPA to propose this
regulation for new facilities by July 20, 2000, and propose a regulation
for existing facilities by July 20, 2001.
Costs and Environmental Benefits
EPA believes that this proposal would affect no more than 98
facilities over the next twenty years and would have an annual
compliance cost of $12 million. EPA does not anticipate increases in
household energy costs as a result of this rulemaking.
Today’s proposal would set requirements to help preserve ecosystems
near cooling water intake structures at new facilities. Expected
benefits include a significant decrease in death or injury to aquatic
organisms that would otherwise be drawn into cooling water systems or
pinned against structure components at the entrance of cooling water
intakes.
Additional Information:
You can get additional technical information by calling Deborah G.
Nagle at (202) 260-2656 or James T. Morgan at (202) 260-6015. For
additional economic information, contact Lynne Tudor at (202) 260-5834
Strellec.Kristen@epa.gov. You can also send inquiries by E-mail to
rule.316b@epa.gov or visit our internet website at
https://www.epa.gov/ost/316b/.
