EPA Promulgates Final Cooling Water Intake Rule: Much Ado About Not Very Much?

On Monday, EPA finally announced promulgation of its long-awaited rule governing cooling water intake structures at existing facilities. The rule is certainly important, but it's not earthshattering and it may be more significant for what it does not do than for what it does.

What does it do?

• Facilities that withdraw at least 2MGD must reduce impingement based on a finding that use of modified traveling screens with fish returns constitutes the best technology available (BTA). However, the rule also authorizes regulated facilities to use six alternative compliance options – up from just one one in the draft – that provide at least equivalent performance.
• Facilities that withdraw at least 125 MGD will have to undertake a site-specific review to determine what entrainment controls will be required.