[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14164-14165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7047]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 125

[FRL-7472-2]
RIN-2040-AD85


Withdrawal of Direct Final Rule; National Pollutant Discharge 
Elimination System--Amendment of Final Regulations Addressing Cooling 
Water Intake Structures for New Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received adverse comment, we are withdrawing the 
direct final rule for ``National Pollutant Discharge Elimination 
System--Amendment of Final Regulations Addressing Cooling Water

[[Page 14165]]

Intake Structures for New Facilities; Direct Final Rule.'' We published 
the direct final rule on December 26, 2002 (67 FR 78948), to make three 
minor technical corrections to the final regulations implementing 
section 316(b) of the Clean Water Act for new facilities. We stated in 
the direct final rule that if we received adverse comment by January 
27, 2003, we would publish a timely notice of withdrawal in the Federal 
Register. We subsequently received adverse comment on the direct final 
rule. We will address those comments in a subsequent final action based 
on the parallel proposal also published on December 26, 2002 (67 FR 
78956). As stated in the parallel proposal, we will not institute a 
second comment period on this action.

DATES: As of March 24, 2003, EPA withdraws the direct final rule 
published at 67 FR 78948, on December 26, 2002.

FOR FURTHER INFORMATION CONTACT: Martha Segall, Engineering and 
Analysis Division (4303T), USEPA Office of Science and Technology, 
Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC, 20460 
(phone: 202-566-1041; email: [email protected]).

SUPPLEMENTARY INFORMATION: EPA published a direct final rule on 
December 26, 2002, to make minor changes to a final rule published 
December 18, 2001, implementing section 316(b) of the Clean Water Act 
(CWA). The December 2001 final rule established national technology-
based performance requirements applicable to the location, design, 
construction, and capacity of cooling water intake structures at new 
facilities using water withdrawn from rivers, streams, lakes, 
reservoirs, estuaries, oceans or other waters of the United States for 
cooling. The national requirements established the best technology 
available for minimizing adverse environmental impact associated with 
the use of these structures. The direct final rule clarified three 
technical issues on velocity monitoring, authority to require 
additional design and construction technologies, and procedures 
governing requests for less stringent alternative requirements.
    EPA published a companion proposed rule on the same day as the 
direct final rule. The proposed rule invited comment on the substance 
of the direct final rule. The proposed rule stated that if EPA received 
adverse comment by January 27, 2003, the direct final rule would not 
take effect and EPA would publish a notice in the Federal Register 
withdrawing the direct final rule before the March 26, 2003, effective 
date. The EPA subsequently received adverse comment on the direct final 
rule. EPA plans to address those comments in a subsequent action. 
Today's action withdraws the direct final rule; the amendments to the 
final regulations addressing cooling water intake structures for new 
facilities will not take effect on March 26, 2003.

List of Subjects in 40 CFR Part 125

    Environmental protection, Cooling water intake structures, 
Reporting and recordkeeping requirements, Waste treatment and disposal, 
Water pollution control.

    Dated: March 19, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-7047 Filed 3-21-03; 8:45 am]
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