United States Office of Water EPA 821-F-03-007 Environmental Protection 4303T March 2003 Agency 4>EPA Fact Sheet Withdrawal of Direct Final Rule; Cooling Water Intake Structures At New Facilities- Amendment of Final Regulations EPA is withdrawing a direct final rule that it published on December 26, 2002. The direct final rule would have made minor changes to regulations for cooling water intake structures at new facilities - regulations that EPA issued in December 2001, under Section 316(b) of the Clean Water Act EPA published the direct final rule to clarify the Agency's intent on three technical issues: velocity monitoring, additional design and construction technologies, and requests for alternative requirements. When we issued the direct final rule, we explained that, if there were adverse comments, EPA would withdraw the direct final rule before the March 26, 2003, effective date. Because we received adverse comment, we are withdrawing the rule We intend to address the adverse comments in a future rule. Background on Cooling Water Intake Regulations • On December 18, 2001, EPA published final regulations in the Federal Register to establish location, design, construction and capacity standards for cooling water intake structures at new facilities under Section 316(b) of the Clean Water Act. • Section 316(b) of the Clean Water Act requires EPA to ensure that the above factors reflect the best technology available for minimizing adverse environmental impact. • EPA is developing these and other regulations under the terms of an Amended Consent Decree in Riverkeeper, Inc. v. Whitman, U.S. District Court, Southern District of New York, No. 93 Civ.0314(AGS). • This action will add neither costs nor benefits to those resulting from the December 2001 rule. • EPA received adverse comment from one party who challenged EPA's legal authority regarding alternative requirements. Additional Information You can call Martha Segall at (202) 566-1041, or you can write to her at: U S. Environmental Protection Agency Office of Science and Technology Engineering and Analysis Division, Cooling Water Intake Task Force (4303T) 1200 Pennsylvania Avenue, NW Washington, D.C 20460 You can also send an e-mail to Segall.Martha@epa gov To learn more about this direct final rule or any other phase of this rulemaking, visit the Internet at http //www epa gov/waterscience/316b/. ------- |