Implementation of Section 316(b) Rules for Cooling Water Intake Structures
Phase II Rules - for large, existing power generation facilities
On July 9, 2004, regulations developed by the U.S. Environmental Protection Agency (U.S. EPA) to implement Section 316(b) were promulgated in the Federal Register for large, existing power generating facilities. These rules become effective on September 7, 2004, and require NPDES permit renewal applications submitted on or after this date to include information demonstrating compliance with the new rules.
Phase II Rule Litigation
Based upon a U.S. Second Circuit Court of Appeals decision in January 2007 [PDF 254K], U.S. EPA suspended the Phase II rules in March 2007. See the Benjamin Grumbles memo [PDF 72K] for information regarding the suspension of the rules.
Phase II Guidance Document [PDF 51K]
***Please note that this document will need to be revised once the re-written Phase II rules are adopted.*** Ohio EPA has developed this guidance document for implementation of the Phase II rules. Although not intended as a substitute for the actual rules, it is designed to facilitate understanding of rule requirements, and permittees are encouraged to use the outline structure of the guidance document when compiling the necessary data.
Mean Annual Flow [PDF 13K]
This document contains the mean annual flow (as estimated by Ohio EPA) for the rivers and streams at the location of Ohio facilities which are (or may be) subject to the Phase II rules. In order to determine the applicability of entrainment standards for facilities with cooling water intakes located on a river or stream, the mean annual flow of the river or stream at the intake structure must be compared with the design intake flow of the cooling water intake structure.
Facilities subject to Phase II rules [PDF 10K]
This document lists power generation facilities located in Ohio, and provides the NPDES permit expiration date, the applicability to the Phase II rules, and indicates if the facility includes a closed cycle cooling system.
Q&A Document [PDF 21K]
***Please note that this document will need to be revised once the re-written Phase II rules are adopted.*** Ohio EPA has compiled a list of questions asked by representatives of the regulated communities, regarding 316(b) implementation. This document is an attempt to answer those questions; however, it should be viewed as "a work in progress."
Copy of the Phase II rules, etc.
A copy of the Phase II rules and guidance materials is available on U.S. EPA's website at: http://www.epa.gov/waterscience/316b/ph2.htm. Additional guidance documents including "frequently asked questions" will also be available from U.S. EPA in the near future.
Back to Section 316(b) Index page.