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 2002_register executive 2010-09-23 article Part II Proposed Rules D09002ee1c81b4261 D09002ee1c81b4417 United States Environmental Protection Agency originator org United States Government Agency or Subagency Today's proposed rule would implement section 316(b) of the Clean Water Act (CWA) for certain existing power producing facilities that employ a cooling water intake structure and that withdraw 50 million gallons per day (MGD) or more of water from rivers, streams, lakes, reservoirs, estuaries, oceans, or other waters of the U.S. for cooling purposes. The proposed rule constitutes Phase II in EPA's development of section 316(b) regulations and would establish national requirements applicable to the location, design, construction, and capacity of cooling water intake structures at these facilities. The proposed national requirements, which would be implemented through National Pollutant Discharge Elimination System (NPDES) permits, would minimize the adverse environmental impact associated with the use of these structures. Today's proposed rule would establish location, design, construction, and capacity requirements that reflect the best technology available for minimizing adverse environmental impact from the cooling water intake structure based on water body type, and the amount of water withdrawn by a facility. The Environmental Protection Agency (EPA) proposes to group surface water into five categories-- freshwater rivers and streams, lakes and reservoirs, Great Lakes, estuaries and tidal rivers, and oceans--and establish requirements for cooling water intake structures located in distinct water body types. In general, the more sensitive or biologically productive the waterbody, the more stringent the requirements proposed as reflecting the best technology available for minimizing adverse environmental impact. Proposed requirements also vary according to the percentage of the source waterbody withdrawn, and facility utilization rate. A facility may choose one of three options for meeting best technology available requirements under this proposed rule. These options include demonstrating that the facility subject to the proposed rule currently meet specified performance standards; selecting and implementing design and construction technologies, operational measures, or restoration measures that meet specified performance standards; or demonstrating that the facility qualifies for a site- specific determination of best technology available because its costs of compliance are either significantly greater than those considered by the Agency during the development of this proposed rule, or the facility's costs of compliance would be significantly greater than the environmental benefits of compliance with the proposed performance standards. The proposed rule also provides that facilities may use restoration measures in addition to or in lieu of technology measures to meet performance standards or in establishing best technology available on a site-specific basis. EPA expects that this proposed regulation would minimize adverse environmental impact, including substantially reducing the harmful effects of impingement and entrainment, at existing facilities over the next 20 years. As a result, the Agency anticipates that this proposed rule would help protect ecosystems in proximity to cooling water intake structures. Today's proposal would help preserve aquatic organisms, including threatened and endangered species, and the ecosystems they inhabit in waters used by cooling water intake structures at existing facilities. EPA has considered the potential benefits of the proposed rule and in the preamble discusses these benefits in both quantitative and non-quantitative terms. Benefits, among other factors, are based on 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. 67 FR 17122 https://www.govinfo.gov/app/details/FR-2002-04-09/02-5597 02-5597 fr09ap02-28 RIN 2040-AD62 6560-50-P FRL-7154-7 https://www.govinfo.gov/app/details/FR-2002-04-09/02-5597 https://www.govinfo.gov/content/pkg/FR-2002-04-09/html/02-5597.htm https://www.govinfo.gov/content/pkg/FR-2002-04-09/pdf/02-5597.pdf 104 p. 17122 17225 67 FR 17122 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-AD62 National Pollutant Discharge Elimination System-Proposed Regulations to Establish Requirements for Cooling Water Intake Structures at Phase II Existing Facilities; Federal Register Vol. 67, Issue PRORULE 02-5597 II ENVIRONMENTAL PROTECTION AGENCY 2002-07-08 FRL-7154-7 6560-50-P 02-5597 Proposed rule.

Today's proposed rule would implement section 316(b) of the Clean Water Act (CWA) for certain existing power producing facilities that employ a cooling water intake structure and that withdraw 50 million gallons per day (MGD) or more of water from rivers, streams, lakes, reservoirs, estuaries, oceans, or other waters of the U.S. for cooling purposes. The proposed rule constitutes Phase II in EPA's development of section 316(b) regulations and would establish national requirements applicable to the location, design, construction, and capacity of cooling water intake structures at these facilities. The proposed national requirements, which would be implemented through National Pollutant Discharge Elimination System (NPDES) permits, would minimize the adverse environmental impact associated with the use of these structures. Today's proposed rule would establish location, design, construction, and capacity requirements that reflect the best technology available for minimizing adverse environmental impact from the cooling water intake structure based on water body type, and the amount of water withdrawn by a facility. The Environmental Protection Agency (EPA) proposes to group surface water into five categories-- freshwater rivers and streams, lakes and reservoirs, Great Lakes, estuaries and tidal rivers, and oceans--and establish requirements for cooling water intake structures located in distinct water body types. In general, the more sensitive or biologically productive the waterbody, the more stringent the requirements proposed as reflecting the best technology available for minimizing adverse environmental impact. Proposed requirements also vary according to the percentage of the source waterbody withdrawn, and facility utilization rate. A facility may choose one of three options for meeting best technology available requirements under this proposed rule. These options include demonstrating that the facility subject to the proposed rule currently meet specified performance standards; selecting and implementing design and construction technologies, operational measures, or restoration measures that meet specified performance standards; or demonstrating that the facility qualifies for a site- specific determination of best technology available because its costs of compliance are either significantly greater than those considered by the Agency during the development of this proposed rule, or the facility's costs of compliance would be significantly greater than the environmental benefits of compliance with the proposed performance standards. The proposed rule also provides that facilities may use restoration measures in addition to or in lieu of technology measures to meet performance standards or in establishing best technology available on a site-specific basis. EPA expects that this proposed regulation would minimize adverse environmental impact, including substantially reducing the harmful effects of impingement and entrainment, at existing facilities over the next 20 years. As a result, the Agency anticipates that this proposed rule would help protect ecosystems in proximity to cooling water intake structures. Today's proposal would help preserve aquatic organisms, including threatened and endangered species, and the ecosystems they inhabit in waters used by cooling water intake structures at existing facilities. EPA has considered the potential benefits of the proposed rule and in the preamble discusses these benefits in both quantitative and non-quantitative terms. Benefits, among other factors, are based on 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.

Comments on this proposed rule and Information Collection Request (ICR) must be received or postmarked on or before midnight July 8, 2002. For additional technical information contact Deborah G. Nagle at (202) 566-1063. For additional economic information contact Lynne Tudor, Ph.D. at (202) 566-1043. For additional biological information contact Dana A. Thomas, Ph.D. at Water pollution control: National Pollutant Discharge Elimination System Cooling water intake structures at Phase II existing facilities; requirements, auby.susan@epamail.epa.gov ow-docket@epa.gov rule.316b@epa.gov http://water.usgs.gov/GIS/huc.html http://www.epa.gov/icr http://www.epa.gov/waterscience/316b/question/ www.sba.gov/regulations/siccodes/siccodes.html www.sso.org/ecos/ Vol. 67, no. 68 Office of the Federal Register, National Archives and Records Administration 2002-04-09 continuing daily deposited born digital 319 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2002-04-09 P0b002ee1809b44e8 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr09ap02 https://www.govinfo.gov/app/details/FR-2002-04-09 https://www.govinfo.gov/content/pkg/FR-2002-04-09/pdf/FR-2002-04-09.pdf https://www.govinfo.gov/content/pkg/FR-2002-04-09/xml/FR-2002-04-09.xml fdlp 16969 17278 DGPO 2010-09-23 2024-06-07 FR-2002-04-09 machine generated eng FR FR-2002-04-09 67 68