State permit writers are reluctant to issue strict Clean Water Act (CWA) permits governing power plants' and other facilities' cooling water systems before EPA completes its pending rule, says a recent report from EPA's Inspector General (IG), thwarting environmentalists' effort to force jurisdictions to require strict controls before the rule is issued later this month in order to make the case for a stricter measure. In the May 23 report "EPA Oversight Addresses Thermal Variance and Cooling Water Permit Deficiencies But Needs to Address Compliance With Public Notice Requirements," the IG wrote that in interviews EPA officials said state determinations of best technology available as required under CWA section 316(b), which governs National Pollutant Discharge Elimination System (NPDES) permits for cooling water structures, "are complicated by a reluctance of permit writers to require the installation of new technologies, which may require expensive capital investments, prior to finalization of standards" by EPA.
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