Restoration Measures, Cooling Water Intake Structures, and the Protection of Ecosystems: The Regulatory Scheme of Clean Water Act Section 316(B)

Abstract

The objective of the Clean Water Act is to restore and maintain the “chemical, physical, and biological integrity of the Nation’s waters.” In 1972, Congress enacted sections 316(a) and 316(b) of the Clean Water Act because power plants that draw cooling water through water intake structures and later discharge the water at elevated temperatures have the potential to affect the maintenance of the chemical, physical, and biological integrity of the Nation’s waters. Power plants draw cooling water from a source, such as a river or reservoir, to cool plant equipment or to condense the steam that turns their turbines. As plants draw water for these processes, adult fish and larger organisms are sometimes drawn into the plants’ intake structures and can become entrapped (“impinged”) against intake screens. These screens are designed to filter out debris that would interfere with the operation of, or cause damage to, condenser systems. Organisms that are not removed from the cooling water by the intake screens--typically small benthic, planktonic and nektonic organisms--are “entrained,” meaning they are carried through the power plant’s condenser systems. Environmental groups take the position that because cooling water systems may endanger the maintenance of optimum yields of sport and commercial fish or disrupt sensitive ecosystems, § 316(b) regulation is necessary. Section 316(b) requires that the “location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.” (excerpt from Introduction)