On March 24, 2003, EPA published a notice in the Federal Register withdrawing the direct final rule amending the "Phase I" regulations addressing cooling water intake structures at new power plants and factories.
EPA published the direct final rule and a companion proposed rule on December 26, 2002. The direct final rule clarified the Agency's intent on three technical issues: velocity monitoring, authority to require additional design and construction technologies, and procedures governing requests for less stringent alternative requirements.
The proposed rule invited comment on the substance of the direct final rule. The direct final and proposed rules stated that if EPA received adverse comment, the Agency would withdraw the direct final rule before
it took effect. EPA subsequently received an adverse comment on the direct final rule and therefore withdrew it.
EPA plans to address the adverse comments in a future action based on the proposed rule.