EPA is preparing to battle utilities on a second front. This time it's a water assault (as opposed to an air assault) using Section 316(b) of the Clean Water Act (CWA). EPA's regulations implementing this simple section of the Act have been litigated up to the Supreme Court and back again.rnSection 316(b) states:rn"Any standard established pursuant to section 301 or section 306 of this Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact."
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