Cooling Water Intake Structure (CWIS) Program Guidance

Suspension of Federal 316b “Phase II” Rules

On July 9, 2007, the U.S. Environmental Protection Agency (USEPA) suspended the “Phase II” regulations which applied to existing power generating facilities (72 Fed. Reg. No. 130, pp. 37107-37109, July 9, 2007), which have been remanded back to EPA for revision by the Second District Court of Appeals. In suspending the rules, USEPA stated that “…EPA by this action is not suspending 40 CFR 125.90(b). This retains the requirement that permitting authorities develop BPJ controls for existing facility cooling water intake structures that reflect the best technology available for minimizing adverse environmental impact. This provision directs permitting authorities to establish section 316(b) requirements on a BPJ basis for existing facilities not subject to categorical section 316(b) regulations.”
See http://www.epa.gov/waterscience/316b/ for more information.

The document provided at the link below provides guidance regarding what information Department staff will be requesting from permittees, in order to make BPJ decisions.

Final Document, February, 2005
Wisconsin Department of Natural Resources
Bureau of Watershed Management

Section 316(b) of the Clean Water Act requires, and Chapter 283.31(6), Wis. Stats., allows the Department to require that the location, design, construction, and capacity of cooling water intake structures (CWIS) reflect the best technology available (BTA) for minimizing adverse environmental impact. Guidance is provided here which describes the information needed to evaluate the potential impacts of a CWIS and to determine whether BTA is being used (or proposed) to minimize adverse environmental impacts.

Users can choose the level of detail that they want to take in:

• The 4-page cover memo [PDF 190KB] provides a general explanation of how s. 316(b) requirements fit into the WPDES permitting process.
• The flowchart [PDF 64KB] describes the basic process laid out in the regulations.
• The guidance document [PDF 280KB] provides a thorough discussion of 316(b) requirements and outlines the development, conduct, and review of studies designed to evaluate the potential for adverse environmental impact from a CWIS.
• The federal regulations can be reviewed at the EPA Website. [exit DNR opens in new window]