EPA's Final Rule for Cooling Water Intake Structures Effective October 14, 2014

With publication of final regulations by the United States Environmental Protection Agency ("EPA") in the Federal Register, the rules under Section 316(b) of the Clean Water Act governing the use of cooling water at existing power plants and industrial facilities are effective on October 14, 2014 (the "Final Rule").

Section 316(b) requires that the location, design, construction and capacity of Cooling Water Intake Structures ("CWISs") reflect the best technology available ("BTA") for minimizing adverse environmental impacts. EPA states that the Final Rule will affect approximately 1,065 existing facilities, including 544 electric generators and 509 manufacturers.

The Final Rule applies to existing facilities that withdraw more than 2 million gallons per day of water from the waters of the United States and that use at least 25 percent of this water exclusively for equipment cooling purposes. The Final Rule's requirements address the potential adverse environmental