Overview of Draft EPA 316(b) Rule for Existing Facilities

The U.S. Environmental Protection Agency (EPA) is developing a revised regulation to implement the fish and shellfish protection requirements of Section 316(b) of the Clean Water Act.  The regulation will specify technology-based performance standards for existing facilities that use surface water for cooling. This will primarily affect the electric power industry; however, pulp and paper, iron and steel and other manufacturing operations that utilize surface water for some level of cooling will also be affected.  A draft Rule for public review and comment is expected March 14, 2011 (after posting of this abstract) and the final rule July 27, 2012.  Technology-based performance standards will be issued for reducing impingement (entrapment of fish and shellfish on intake screens) and entrainment (passage of eggs, larvae, and juvenile fish and shellfish through cooling systems).  The standards may be applicable according to several factors including but not limited to the water flow volume withdrawn, plant capacity utilization, and plant location on sensitive water bodies.  The standards will require in-scope facilities to install technologies to attain the fish protection requirements.  Applicable technologies can exclude organisms, reduce their number, or collect and safely return them to the source water body.  Example technologies include behavioral systems, barrier nets, traveling water screens, cylindrical wedge wire screens and, the most expensive approach, retrofits of closed cycle cooling systems (cooling towers.  This presentation will review the full scope of the regulation that is proposed by EPA in March 2011.