Section 316(b) of the Clean Water Act (CWA) requires the EPA to ensure that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available (BTA) for minimizing adverse environmental impacts. In July, 2004, the EPA promulgated Phase II which covered large existing electric generating plants. In July 2007, the EPA suspended most of the Phase II rule following a decision in the U.S. Court of Appeals for the Second Circuit. Several parties petitioned the U.S. Supreme Court to review that decision, and the Supreme Court granted the petitions, limited to the issue of whether the Clean Water Act authorized the EPA to consider the relationship of costs and benefits in establishing 316(b) standards. On April 1, 2009, the Supreme Court held that EPA has the authority to consider costs and benefits under Section 316(b). In June 2006, the EPA promulgated the Phase III regulation, covering small existing electric generating plants, new offshore oil and gas facilities, and all existing manufacturing facilities. In 2010 the U.S. Court of Appeals for the Fifth Circuit granted the request of the EPA and environmental petitioners to remand the existing facility portion of the rule to the Agency. The EPA entered a settlement agreement with the plaintiffs in two lawsuits concerning the section 316(b) rulemakings. Under the settlement agreement, the EPA agreed to sign a notice of a proposed action, and notice of a final decision pertaining to issuance of requirements for implementing section 316(b) of the CWA at existing facilities. After a number of subsequent modifications to the settlement agreement, the EPA and the plaintiffs agreed that a notice of proposed rulemaking would be signed by March 28, 2011 and that a final decision would be signed by April17, 2014. The EPA's proposed regulation includes standards for all existing facilities to prevent fish from being trapped against screens (impingement), and for existing facilities and new units at existing facilities to prevent fish from being drawn through cooling systems (entrainment). The EPA issued two Notices of Data Availability in June 2012 that described measures to provide additional flexibility that EPA was considering for the impingement mortality standard and that described the preliminary results of surveys of households' willingness to pay for incremental reductions in fish mortality. In light of the Supreme Court 2009 decision and its recognition that the EPA has broad discretion in what factors to consider in developing its 316(b) regulations, the EPA initiated consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service under section 7 of the Endangered Species Act. EPA and the Services began informal consultation in 2012, and concluded in 2013 that formal consultation was necessary.