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Environmental Protection Agency: National Pollutant Discharge Elimination System--Final Regulations To Establish Requirements for Cooling Water Intake Structures at Existing Facilities and Amend Requirements at Phase I Facilities

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Highlights

GAO reviewed the Environmental Protection Agency's (EPA) new rule on the National Pollutant Discharge Elimination System -- final regulations to establish requirements for cooling water intake structures at existing facilities and amend requirements at Phase I facilities. GAO found that (1) this final rule establishes requirements under section 316(b) of the Clean Water Act for existing power generating facilities and existing manufacturing and industrial facilities that are designed to withdraw more than 2 million gallons per day of water from waters of the United States and use at least 25 percent of the water they withdraw exclusively for cooling purposes. According to EPA, the purpose of this rule is to reduce impingement and entrainment of fish and other aquatic organisms at cooling water intake structures used by certain existing power generation and manufacturing facilities for the withdrawal of cooling water from waters of the United States. This final rule also responds to judicial remand of aspects of the previously promulgated Phase II and Phase III section 316(b) rules; and (2) EPA complied with the applicable requirements in promulgating the rule.

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