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CWA Section 316(b) Regulation

Power Plant Once-Through Cooling Regulation

The withdrawal of cooling water removes billions of aquatic organisms from waters of the U.S. each year, including fish, fish larvae and eggs, crustaceans, shellfish, sea turtles, marine mammals, and many other forms of aquatic life. Most impacts are to early life stages of fish and shellfish. Section 316(b) of the Clean Water Act (CWA) requires USEPA to ensure that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impacts. The State Water Board is in the process of developing a Statewide policy to implement federal 316(b) requirements.

Disclaimer: All documents and drafts are accurate as of the date prepared or presented, but may not represent the most current thinking or data available. Older documents are presented here for purposes of history or context.

On June 13, 2006, the State Water Board released the following document: “Scoping Document - Proposed Statewide Policy on Clean Water Act Section 316(b) Regulations.” Subsequently, on July 9, 2007, the United States Environmental Protection Agency suspended federal regulations (Phase II) for cooling water intake structures at existing power plants.

Because the regulatory landscape for Clean Water Act Section 316(b) regulation has substantially changed, the State Water Board is now releasing a revised document entitled, “Scoping Document: Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling.”

The revised document is being released to allow the public to review and comment on the State Water Board staff’s preliminary proposal for a statewide policy to implement Section 316(b) of the Clean Water Act regarding the use of once-through cooling water at power plants. The State Water Board will hold a CEQA scoping meeting and public workshop in May 2008.

 

[ updated 6/13/08 ]