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 2014_register executive 2014-10-07 article Part II Rules and Regulations D09002ee1c7f8ca52 D09002ee1c7f8ccba United States Environmental Protection Agency originator org United States Government Agency or Subagency The purpose of this action is to reduce impingement and entrainment of fish and other aquatic organisms at cooling water intake structures used by certain existing power generation and manufacturing facilities for the withdrawal of cooling water from waters of the United States. This rule establishes requirements under section 316(b) of the Clean Water Act (CWA) for existing power generating facilities and existing manufacturing and industrial facilities that are designed to withdraw more than 2 million gallons per day (mgd) of water from waters of the United States and use at least 25 percent of the water they withdraw exclusively for cooling purposes. These national requirements, which will be implemented through National Pollutant Discharge Elimination System (NPDES) permits, apply to the location, design, construction, and capacity of cooling water intake structures (CWIS) at regulated facilities and provide requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact. On April 20, 2011, EPA published a proposed rule that included several options for addressing these impacts. Subsequently, EPA published two Notices of Data Availability (NODA), on June 11, 2012 and June 12, 2012, that further clarified EPA's proposed approach. This final rule also responds to judicial remand of aspects of the previously promulgated Phase II and Phase III section 316(b) rules. In addition, EPA is also responding to an earlier judicial decision by removing from the previously promulgated Phase I new facility rule a restoration-based compliance alternative and the associated monitoring and demonstration requirements. 79 FR 48300 https://www.govinfo.gov/app/details/FR-2014-08-15/2014-12164 2014-12164 fr15au14-22 RIN 2040-AE95 6560-50-P EPA-HQ-OW-2008-0667, FRL-9817-3 https://www.govinfo.gov/app/details/FR-2014-08-15/2014-12164 https://www.govinfo.gov/content/pkg/FR-2014-08-15/html/2014-12164.htm https://www.govinfo.gov/content/pkg/FR-2014-08-15/pdf/2014-12164.pdf Environmental Protection Administrative Practice and Procedure Confidential Business Information Hazardous Substances Reporting and Recordkeeping Requirements Water Pollution Control Cooling Water Intake Structure Waste Treatment and Disposal 140 p. 48300 48439 79 FR 48300 Title 40 Part 122 40 CFR Part 122 Title 40 Part 125 40 CFR Part 125 RIN 2040-AE95 National Pollutant Discharge Elimination System-Final Regulations To Establish Requirements for Cooling Water Intake Structures at Existing Facilities and Amend Requirements at Phase I Facilities; Federal Register Vol. 79, Issue RULE 2014-12164 II ENVIRONMENTAL PROTECTION AGENCY 2014-10-14 EPA-HQ-OW-2008-0667, FRL-9817-3 6560-50-P 2014-12164 Final rule.

The purpose of this action is to reduce impingement and entrainment of fish and other aquatic organisms at cooling water intake structures used by certain existing power generation and manufacturing facilities for the withdrawal of cooling water from waters of the United States. This rule establishes requirements under section 316(b) of the Clean Water Act (CWA) for existing power generating facilities and existing manufacturing and industrial facilities that are designed to withdraw more than 2 million gallons per day (mgd) of water from waters of the United States and use at least 25 percent of the water they withdraw exclusively for cooling purposes. These national requirements, which will be implemented through National Pollutant Discharge Elimination System (NPDES) permits, apply to the location, design, construction, and capacity of cooling water intake structures (CWIS) at regulated facilities and provide requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact. On April 20, 2011, EPA published a proposed rule that included several options for addressing these impacts. Subsequently, EPA published two Notices of Data Availability (NODA), on June 11, 2012 and June 12, 2012, that further clarified EPA's proposed approach. This final rule also responds to judicial remand of aspects of the previously promulgated Phase II and Phase III section 316(b) rules. In addition, EPA is also responding to an earlier judicial decision by removing from the previously promulgated Phase I new facility rule a restoration-based compliance alternative and the associated monitoring and demonstration requirements.

This regulation is effective October 14, 2014. For judicial review purposes, this final rule is promulgated as of 1 p.m. EDT (Eastern Daylight Time) on August 29, 2014 as provided in 40 CFR 23.2. For additional biological information, contact Tom Born at 202-566-1001; email: born.tom@epa.gov. For additional economic information, contact Wendy Hoffman at 202-564-8794; email: hoffman.wendy@epa.gov. For additional technical information, contact Paul Shriner at 202-566-1076; email: shriner.paul@epa.gov. Environmental Protection Administrative Practice and Procedure Confidential Business Information Hazardous Substances Reporting and Recordkeeping Requirements Water Pollution Control Cooling Water Intake Structure Waste Treatment and Disposal National Pollutant Discharge Elimination System: Cooling Water Intake Structures at Existing Facilities and Phase I Facilities; Requirements , born.tom@epa.gov hoffman.wendy@epa.gov shriner.paul@epa.gov http://cfpub.epa.gov/npdes/home.cfm?program_id=350 http://www.epa.gov/epahome/dockets.htm http://www.epa.gov/owow/wetlands/pdf/ANPRM-FR.pdf http://www.fws.gov/northflorida/seaturtles/turtle%20factsheets/loggerhead-sea-turtle.htm http://www.glsc.usgs.gov/main.php?content=research_risk&title=Species%20at%20Risk0&menu=research http://www.mpa.gov/helpful_resources/inventory.html http://www.nrel.gov/docs/fy13osti/57444.pdf http://www.regulations.gov www.epa.gov/peerreview www.regulations.gov Vol. 79, no. 158 Office of the Federal Register, National Archives and Records Administration 2014-08-15 continuing daily deposited born digital 647 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2014-08-15 P0b002ee189da321d 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr15au14 https://www.govinfo.gov/app/details/FR-2014-08-15 https://www.govinfo.gov/content/pkg/FR-2014-08-15/pdf/FR-2014-08-15.pdf https://www.govinfo.gov/content/pkg/FR-2014-08-15/xml/FR-2014-08-15.xml fdlp 48015 48652 DGPO 2014-10-07 2024-06-02 FR-2014-08-15 machine generated eng FR FR-2014-08-15 79 158