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/.

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