EPA announced on March 29 that pursuant to a settlement agreement, it is proposing for public comment standards to protect billions of fish and other aquatic organisms drawn each year into cooling water systems at large power plants and factories. The proposal, based on Section 316(b) of the Clean Water Act, would establish a common sense framework, putting a premium on public input and flexibility. Safeguards against impingement will be required for all facilities above a minimum size; closed-cycle cooling systems may also be required on a case by case basis when, based on thorough site-specific analysis by permitting authorities, such requirements are determined to be appropriate. EPA is proposing this regulation as a result of a settlement agreement with Riverkeeper, Inc. and other environmental groups.
The public will be able to comment on the proposal upon its publication in the Federal Register. EPA will conduct a 90 day comment period, and will carefully consider those comments before taking final action on the proposal. The administrator must take final action by July 27, 2012. More information