EPA Expected to Issue Stronger Rule on Cooling Water Intake Structures

The EPA is expected to issue more stringent regulations to protect fish and waterways from cooling water intake structures following an April 1 U.S. Supreme Court decision.The Supreme Court decision basically left it to EPA to decide whether and how to compare costs to benefits as it drafts appropriate rules for cooling water structures for existing power plants. The Clean Water Act does not prevent EPA from conducting cost benefit analysis on the best available technology while minimizing environmental impacts at water cooling intake structures, however EPA also has the authority to decide not to conduct this type of analyses.It is expected EPA will issue a new regulation for cooling water intake structures at power plants, but because the administration is new and still filling positions, it is not known how quickly the agency will act.