[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.70]

[Page 311]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 125--CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
  Subpart H--Criteria for Determining Alternative Effluent Limitations 
                     Under Section 316(a) of the Act
 
Sec. 125.70  Purpose and scope.


    Section 316(a) of the Act provides that:

    ``With respect to any point source otherwise subject to the 
provisions of section 301 or section 306 of this Act, whenever the owner 
or operator of any such source, after opportunity for public hearing, 
can demonstrate to the satisfaction of the Administrator (or, if 
appropriate, the State) that any effluent limitation proposed for the 
control of the thermal component of any discharge from such source will 
require effluent limitations more stringent than necessary to assure the 
projection [sic] and propagation of a balanced, indigenous population of 
shellfish, fish and wildlife in and on the body of water into which the 
discharge is to be made, the Administrator (or, if appropriate, the 
State) may impose an effluent limitation under such sections on such 
plant, with respect to the thermal component of such discharge (taking 
into account the interaction of such thermal component with other 
pollutants), that will assure the protection and propagation of a 
balanced indigenous population of shellfish, fish and wildlife in and on 
that body of water.''


This subpart describes the factors, criteria and standards for the 
establishment of alternative thermal effluent limitations under section 
316(a) of the Act in permits issued under section 402(a) of the Act.