United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2001_register executive 2010-09-24 article Part II Rules and Regulations D09002ee1c81ca5cd D09002ee1c81ca6fd United States Environmental Protection Agency originator org United States Government Agency or Subagency Today's final rule implements section 316(b) of the Clean Water Act (CWA) for new facilities that use water withdrawn from rivers, streams, lakes, reservoirs, estuaries, oceans or other waters of the United States (U.S.) for cooling purposes. The final rule establishes national technology-based performance requirements applicable to the location, design, construction, and capacity of cooling water intake structures at new facilities. The national requirements establish the best technology available, based on a two- track approach, for minimizing adverse environmental impact associated with the use of these structures. Based on size, Track I establishes national intake capacity and velocity requirements as well as location- and capacity-based requirements to reduce intake flow below certain proportions of certain waterbodies (referred to as "proportional-flow requirements"). It also requires the permit applicant to select and implement design and construction technologies under certain conditions to minimize impingement mortality and entrainment. Track II allows permit applicants to conduct site-specific studies to demonstrate to the Director that alternatives to the Track I requirements will reduce impingement mortality and entrainment for all life stages of fish and shellfish to a level of reduction comparable to the level the facility would achieve at the cooling water intake structure if it met the Track I requirements. EPA expects that this final regulation will reduce impingement and entrainment at new facilities. Today's final rule establishes requirements that will help preserve aquatic organisms and the ecosystems they inhabit in waters used by cooling water intake structures at new facilities. EPA has considered the potential benefits of the rule; these include a decrease in expected mortality or injury to aquatic organisms that would otherwise be subject to entrainment into cooling water systems or impingement against screens or other devices at the entrance of cooling water intake structures. Benefits may also accrue at population, community, or ecosystem levels of ecological structures. The preamble discusses these benefits to the extent possible in qualitative terms. 66 FR 65256 https://www.govinfo.gov/app/details/FR-2001-12-18/01-28968 01-28968 fr18de01-11 RIN 2040-AC34 6560-50-P FRL-7105-4 https://www.govinfo.gov/app/details/FR-2001-12-18/01-28968 https://www.govinfo.gov/content/pkg/FR-2001-12-18/html/01-28968.htm https://www.govinfo.gov/content/pkg/FR-2001-12-18/pdf/01-28968.pdf Administrative Practice and Procedure Confidential Business Information Hazardous Substances Water Pollution Control Indian-Lands Intergovernmental Relations Penalties Air Pollution Control Hazardous Waste Indians-Lands Water Supply Waste Treatment and Disposal Environmental Protection Reporting and Recordkeeping Requirements 90 p. 65256 65345 66 FR 65256 Title 40 Part 122 40 CFR Part 122 Title 40 Part 123 40 CFR Part 123 Title 40 Part 124 40 CFR Part 124 Title 40 Part 125 40 CFR Part 125 Title 40 Part 9 40 CFR Part 9 RIN 2040-AC34 National Pollutant Discharge Elimination System: Regulations Addressing Cooling Water Intake Structures for New Facilities; Federal Register Vol. 66, Issue RULE 01-28968 II ENVIRONMENTAL PROTECTION AGENCY 2002-01-17 FRL-7105-4 6560-50-P 01-28968 Final rule.

Today's final rule implements section 316(b) of the Clean Water Act (CWA) for new facilities that use water withdrawn from rivers, streams, lakes, reservoirs, estuaries, oceans or other waters of the United States (U.S.) for cooling purposes. The final rule establishes national technology-based performance requirements applicable to the location, design, construction, and capacity of cooling water intake structures at new facilities. The national requirements establish the best technology available, based on a two- track approach, for minimizing adverse environmental impact associated with the use of these structures. Based on size, Track I establishes national intake capacity and velocity requirements as well as location- and capacity-based requirements to reduce intake flow below certain proportions of certain waterbodies (referred to as "proportional-flow requirements"). It also requires the permit applicant to select and implement design and construction technologies under certain conditions to minimize impingement mortality and entrainment. Track II allows permit applicants to conduct site-specific studies to demonstrate to the Director that alternatives to the Track I requirements will reduce impingement mortality and entrainment for all life stages of fish and shellfish to a level of reduction comparable to the level the facility would achieve at the cooling water intake structure if it met the Track I requirements. EPA expects that this final regulation will reduce impingement and entrainment at new facilities. Today's final rule establishes requirements that will help preserve aquatic organisms and the ecosystems they inhabit in waters used by cooling water intake structures at new facilities. EPA has considered the potential benefits of the rule; these include a decrease in expected mortality or injury to aquatic organisms that would otherwise be subject to entrainment into cooling water systems or impingement against screens or other devices at the entrance of cooling water intake structures. Benefits may also accrue at population, community, or ecosystem levels of ecological structures. The preamble discusses these benefits to the extent possible in qualitative terms.

This regulation shall become effective January 17, 2002. For judicial review purposes, this final rule is promulgated as of 1:00 p.m. Eastern Standard Time (EST) on January 2, 2002, as provided in 40 CFR 23.2. For additional technical information contact Deborah G. Nagle at (202) 260-2656. For additional biological information contact Debbi Hart at (202) 260-0905. For additional economic information contact Ghulam Ali at (202) 260-9886. The e-mail Administrative Practice and Procedure Confidential Business Information Hazardous Substances Water Pollution Control Indian-Lands Intergovernmental Relations Penalties Air Pollution Control Hazardous Waste Indians-Lands Water Supply Waste Treatment and Disposal Environmental Protection Reporting and Recordkeeping Requirements Water pollution control: National Pollutant Discharge Elimination System Cooling water intake structures for new facilities, rule.316b@epa.gov http://swr.ucsd.edu/hcd/fishscrn.htm http://www.epa.gov/ost/316b Vol. 66, no. 243 Office of the Federal Register, National Archives and Records Administration 2001-12-18 continuing daily deposited born digital 341 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2001-12-18 P0b002ee180a13b4e 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr18de01 https://www.govinfo.gov/app/details/FR-2001-12-18 https://www.govinfo.gov/content/pkg/FR-2001-12-18/pdf/FR-2001-12-18.pdf https://www.govinfo.gov/content/pkg/FR-2001-12-18/xml/FR-2001-12-18.xml fdlp 65091 65421 DGPO 2010-09-24 2024-06-08 FR-2001-12-18 machine generated eng FR FR-2001-12-18 66 243