EPA announces another delay in cooling water intake rule

file

The U.S. Environmental Protection Agency has delayed finalizing 316(b) of the Clean Water Act until May 16, marking another delay to the release of the cooling water intake rule. The rule will require about 670 existing power plants to use the best available technology on cooling water intake structures to protect against the impingement and entrainment of aquatic life.

In a letter to U.S. District Court Judge Laura Taylor Swain from U.S. Attorney Preet Bharara, the EPA stated the agency has not been able to finish consultations with the Fish and Wildlife Service and the National Marine Fisheries Service under the Endangered Species Act.

The delay is the seventh since the 2004 Phase II Cooling Water Intake Structure rules were suspended in July 2007 in response to the U.S. Second Circuit Court of Appeals decision in Riverkeeper Inc. v. EPA. The EPA stated it would not meet its previous deadline of Jan. 14 because the agency was still in discussions with the involved parties, and the settlement agreement was amended to reflect the April 17 deadline. The EPA stated at that time it expected to conclude the consultations in advance of April 17 and did not intend to seek a further extension, but realized additional time would be needed because of the complexity of interagency consultations, according to the letter to Swain.

The EPA stated it has conferred with the other agencies and expects to receive a final, joint biological opinion in time for EPA Administrator Gina McCarthy to sign a notice of her final decision regarding the issuance of requirements implementing section 316(b) for publication in the Federal Register on May 16.

The letter to Swain states the EPA contacted Riverkeeper’s counsel on April 14 and has asked Riverkeeper to consider amending the settlement agreement to extend the deadline or another alternative to recommencing litigation on the matter.

The court had scheduled a conference between the parties on April 23 in the event the agency did not complete the rulemaking process before April 17.

Subscribe to Power Engineering magazine

Sponsored by FLSmidth

Related Articles

 Gas, solar, wind generation will dominate in the future

Gas, solar, wind generation will dominate in the future

Of the planned or under construction generation projects tracked by GenerationHub for the period between 2015 and 2017, 95% of the projects, which total 135.3 GW, are either natural gas, solar or wind facilities, Kent Knutson, director of Hub Services for PennWell, said on Feb. 19.

 Maine wind industry alarmed over utility panel's proposal

Maine wind industry alarmed over utility panel's proposal

Maine's reshaped Public Utilities Commission wants to reconsider two proposed wind projects it approved two months ago, a move critics say would damage the integrity of the regulatory process and scare off future renewable-energy investors.

Follow Power Engineering on Twitter

Latest News

 MS Power coal-to-gas conversion nearly complete

MS Power coal-to-gas conversion nearly complete

A coal-to-gas conversion project at a power plant operated by Mississippi Power is nearly com...
 North Anna nuclear power plant shuts down

North Anna nuclear power plant shuts down

Unit 1 of the North Anna nuclear power plant automatically tripped offline Feb. 26 as workers...
 Oklahoma leaders looking for more wind regulations

Oklahoma leaders looking for more wind regulations

With wind energy production in full swing in Oklahoma, legislative leaders are looking to imp...

Second-oldest nuclear reactor in S. Korea OK to restart

South Korea’s nuclear watchdog approved a plan to restart a 679-MW nuclear power unit that wa...
 SunEdison to bring power to 20Mn people by 2020

Video: SunEdison to bring power to 20Mn people by 2020

SunEdison, Inc. (NYSE: SUNE) announced plans to bring electricity to 20 million people in und...
02-25 Henry Hub Average Natural Gas Spot Prices

02/25 Henry Hub Average Natural Gas Spot Prices

The Henry Hub is the pricing point for natural gas futures contracts traded on the New York M...
 GDF Suez wants Areva to deliver nuclear reactors, wind turbines

GDF Suez wants Areva to deliver nuclear reactors, wind turbines

GDF Suez says it received guarantees from Areva for planned nuclear reactors in Turkey and wi...
 CB&I: We’re not liable for $247mn nuclear power project penalties

CB&I: We’re not liable for $247mn nuclear power project penalties

Chicago Bridge & Iron (CB&I, NYSE: CBI) say they should not be liable for any of the ...

Power Engineering Current Issue

02/01/2015
Volume 119, Issue 2
1502PE-cover

Products Showcase

Dynamic Fluoride Ion cleaning DFIC of industrial natural gas turbines Hi-Tech Furnace Systems

Dynamic Fluoride Ion Cleaning of IGT Parts

The Dynamic Fluoride Ion Cleaning (DFIC) Process from Hi-Tech Furnace Systems is able to clean deep, narrow cracks of oxides by cycling between negative, atmospheric, and positive pressure.

Archived Articles

2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | 2014 | 2015

Power Industry Wire News

Intergraph(R) CADWorx & Analysis University Express in India During March to Include Sessions on Designing Plants and Offshore Facilities

Intergraph(R) CADWorx & Analysis University Express in India During March to Include Se...

What's Coming to the Energy Sector in 2015?

What's Coming to the Energy Sector in 2015?

SL Series Is Tinius Olsen's New Generation of Hydraulic Universal Testing Machines

SL Series Is Tinius Olsen's New Generation of Hydraulic Universal Testing Machines

Manitok Energy Inc.'s CEO Mass Geremia Interviewed by The Energy Report

Manitok Energy Inc.'s CEO Mass Geremia Interviewed by The Energy Report

UGE International Ltd. Announces Private Placement

UGE International Ltd. Announces Private Placement

Power Engineering

Article Archives for Power Engineering Magazine

Continuing Education

Professional Development Hours

To access a course listing associated to a specific topic listed below, click on the topic of choice from the list below.

Latest Energy Jobs

View more Job Listings >>