Division of Surface Water Implementation of Section 316(b) Phase I Rules - for New Facilities




Implementation of Section 316(b) Rules for Cooling Water Intake Structures

Phase I Rules - for new facilities

U.S. EPA promulgated Phase I final rules for new facilities with cooling water intake structures on December 18, 2001, and these rules became effective on January 17, 2002. (Minor amendments of the Phase I rule have been promulgated and became effective on July 21, 2003.) New facilities, those commencing construction after the effective date of the rules (January 17, 2002), are subject to Phase I rules if:

  • the facility requires an NPDES permit;
  • the facility has a cooling water intake structure with a design capacity greater than or equal to two (2) million gallons per day (MGD); and
  • the facility uses at least 25 percent of the water withdrawn for cooling purposes.

Q&A Document [PDF 12K]
What constitutes a "new facility" under the Phase I rules? Are facilities which have been constructed during 2002 subject to Phase I rules? Ohio EPA has included responses to these questions in the question and answer document.

Copy of the Phase I rules, etc.
A copy of the Phase I rules and guidance materials is available on U.S. EPA's website at: http://www.epa.gov/waterscience/316b/ph1.htm


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