EPA has proposed new standards for cooling water intake structures at existing power plants and factories. The proposal covers existing facilities with a design intake flow of at least 2 million gallons per day — a class that includes approximately 1,260 facilities nationwide. EPA anticipates that the proposed rule will cover over half of all water withdrawals in the entire nation. Implementation costs could be substantial.

The proposed rule implements § 316(b) of the Clean Water Act, 33 U.S.C. § 1326, which requires cooling water intake structures to utilize the best technology available to minimize impingement (which occurs when fish and other organisms get trapped against intake screens) and entrainment (which occurs when fish and other organisms get sucked through the intake screen and into the equipment). This rule and its predecessors have generated substantial opposition and multiple lawsuits from environmental groups. Therefore we anticipate that this rulemaking will again be hotly contested.

The proposed rule includes the following components:

- New units at existing facilities: All new units that add electrical generating capacity at existing facilities will be required to install technology equivalent to closed-cycle cooling.

Please see full Alert below for further information.