Earlier this week,
I noted that EPA had announced that it was reconsidering
parts of the Utility MACT rule and staying its effectiveness for
three months. Yesterday, EPA announced that it was delaying for 11
months final promulgation of its cooling water intake structure
rule for existing facilities under the Clean Water Act.
Reaction was predictable. Reed Super,
plaintiffs' attorney was "disappointed," but clearly
resigned. Senator Inhofe characterized the delay as:
President Obama's decision to punt on yet another
job-killing EPA regulation before the election.
Of course, short of committing collective seppuku, there is little that EPA could do to
satisfy Senator Inhofe.
I find it more difficult to speculate on this than on the
mercury rule. The science behind concerns about mercury is
more compelling and the treatment options are
well-defined. For CWIS, on the other hand, site-specific
considerations are important and it is not at all obvious that
requiring closed cycle cooling at existing facilities would be
Either way, we'll see in 11 months – unless there
is another delay.
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