Water: Cooling Water Intakes (316b)
Laws & RegulationsLaws & Executive OrdersClean Water ActCooling Water Intake Structures—CWA §316(b)Cooling Water Intake Structures—CWA §316(b)
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Section 316(b) of the Clean Water Act requires that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. Additional basic information about EPA's cooling intake regulations.
Notice of Data Availability for Proposed Regulations
EPA is presenting new data and information it has received and collected since the proposed rule was published. The Acting Assistant Administrator for the Office of Water signed this notice on May 31, 2012 for publication in the Federal Register. This information will be posted in the Federal Register to present a summary of significant data EPA has received or collected since publishing our April 20, 2011 proposed rule, a discussion of how EPA is considering incorporating these data in revised analyses supporting the final rule, and a discussion of possible revisions to the final rule that EPA is considering that were suggested by the comments.
Since proposal EPA has received and collected new data related to the performance of impingement mortality control technologies. EPA obtained more than 80 studies from comments on the proposed rule, and in follow-up to comments, that provide additional biological data. This data includes information related to how EPA might approach the definition of impingement mortality and compliance alternatives.
- Fact sheet (PDF) (2 pp, 39K) (May 2012)
- Pre-publication version of Federal Register notice (PDF) (43 pp, 181K)
Proposed Rule for Existing Facilities
The comment period closed on August 18, 2011 instead of July 19, 2011. The revised date was announced in the Federal Register on July 20, 2011.
Federal Register Notice | Print Version (PDF) (2 pp, 188K) (July 20, 2011)
EPA proposed, and requested comment on, requirements under section 316(b) of the Clean Water Act for all existing power generating facilities and existing manufacturing and industrial facilities.
- Fact sheet (PDF) (2 pp, 59K)
- Federal Register Notice | Print Version (PDF) (115 pp, 1.40MB) (April 20, 2011)
- Answers to Common Questions About the Proposed Rule (PDF) (4 pp, 90K)
- News Release (March 28, 2011)
- Supporting Documents
- Environmental and Economic Benefits Analysis for Proposed Section 316(b) Existing Facilities Rule (PDF) (303 pp, 1.80MB) (EPA 821-R-11-002)
- Economic and Benefits Analysis for Proposed Section 316(b) Existing Facilities Rule (PDF) (515 pp, 8.82MB) (EPA 821-R-11-003)
- Technical Development Document for the Proposed Section 316(b) Phase II Existing Facilities Rule (PDF) (428 pp, 10.3MB) (EPA 821-R-11-001)
Settlement Agreement
In November 2010, EPA signed a Settlement Agreement with Riverkeeper (PDF) (25 pp, 185K) regarding rulemaking dates for EPA to set technology standards for cooling water intake structures for existing facilities under Clean Water Act Section 316(b). EPA agreed to propose standards by March 14, 2011, and after considering public comments, to take final action by July 27, 2012.
On March 11, 2011, the parties agreed to an amendment (PDF) (3 pp, 730K) to the settlement agreement to extend the date for the proposed rule. The revised date is March 28, 2011.
Willingness to Pay Survey for Benefits Assessment
OMB approved the Information Collection Request (ICR) for a national stated preference survey that could inform the benefits analysis for the upcoming final regulation of cooling water intake structures at facilities such as power plants. The OMB Control Number is 2040-0283. Additional information on OMB's Notice of Action and the ICR Supporting Statement.
Suspension of Phase II Rule
EPA is suspending the Cooling Water Intake Structure Regulations for existing large power plants. This suspension is in response to the 2nd Circuit Court of Appeals decision in Riverkeeper, Inc., v. EPA.
Federal Register Notice (July 09, 2007) | Implementation Memo (PDF) (1 pp, 72K; March 20, 2007)
There are three rulemaking phases:
- Phase I rule, promulgated in 2001, covers new facilities
- Phase II rule, promulgated in 2004, covers large existing electric generating plants
- Phase III rule, promulgated in 2006, covers certain existing facilities and new offshore and coastal oil and gas extraction facilities
- Information Collection Request for Cooling Water Intake Structures New Facility Final Rule (Renewal) (June 25, 2008)
Related Clean Water Act Program: Sec. 402, National Pollutant Discharge Elimination System (NPDES)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
- Information Collection Request for Cooling Water Intake Structures New Facility Final Rule (Renewal) (March 28, 2008)
- April 2006 status report to the court
- January 2006 status report to the court
- October 2005 status report to the court
- Proceedings Report: Symposium on Cooling Water Intake Technologies to Protect Aquatic Organisms (May 2003)