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Late last week, EPA issued a Notice of Data Availability concerning its proposed rule for cooling water intake
structures at existing facilities. The NODA stated that, since
it had issued the proposed CWIS rule, it had received more than 80
studies providing additional data on CWIS structures at existing
facilities. Those studies have led EPA to consider potential
revisions to the rule prior to promulgation.
Some of the specific revisions now under consideration
The addition of site-specific impingement mortality
Compliance with impingement mortality limitations based on
defined technologies such as closed cycle recirculating
Streamlined permitting for modified traveling screens
Clarification of credit for existing technologies
Potential limited exemptions for facilities with low
In response, the Edison Electric Institute, which has been
leading the charge against the CWIS rule, issued a press release stating that the NODA
"provides the basis to develop a sound final rule."
I have noted previously that EPA has attempted to respond to
industry comments on a number of rules in the past few years, but
has rarely gotten credit for its attempts at flexibility. Here,
credit goes to EPA for responding to the additional data it has
received and to EEI for acknowledging EPA's efforts.
Fingers crossed for a reasonable final rule.
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