oEPA
           United States
Phase I—New Facilities: Amended  Final Phase I Rule, Fact Sheet
EPA 821 -F-03-01 0, June 2003

Amendment of Final Regulations

EPA is making minor changes to final regulations under section 31 6(b) of the Clean Water Act for cooling
water intake structures at new facilities. The amendments clarify three technical issues on velocity
monitoring, authority to require additional design and construction technologies, and procedures
governing requests for less stringent alternative requirements. The rule will be effective  30 days from
the date of publication in the Federal Register.

Summary of Clarifications

 *   Velocity monitoring - Corrected the requirements for monitoring intake velocity at facilities
    with shoreline intakes.
 *  Authority to require technologies - Clarified that only the Permit Director has the authority to
    require facilities to install additional design and construction technologies.
 *  Procedures - Clarified the procedures an applicant must follow when seeking less stringent
    alternative requirements.
Background

In  December 2001, EPA published final regulations to establish location, design, construction and
capacity standards for cooling water intake structures at new facilities under section 31 6(b) of the Clean
Water Act. Section 31 6(b) of the Clean Water Act requires EPA to ensure that the location, design,
construction, and capacity of cooling water intake structures reflect the best technology available for
minimizing  adverse environmental impact. EPA published a direct final rule and a companion proposed
rule in December 2002, to clarify three technical issues in the December 2001 rule.

When  we issued the direct final rule, we explained that, if there were  adverse comments, EPA would
withdraw the direct final rule before  it became effective. EPA received adverse comment and withdrew
the direct final rule in March 2003.

These technical changes will add neither costs nor benefits to the final regulations for cooling water
intake structures at new facilities. 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.

Additional Information

To learn more about this final rule or any other phase of this rulemaking, visit the Internet
at  http: / /www,epa,gov/waterscienc:e / 31 6b,/.

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