[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: 40CFR125.81]

[Page 313-314]
 
                   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 I--Requirements Applicable to Cooling Water Intake Structures 
           for New Facilities Under Section 316(b) of the Act
 
Sec. 125.81  Who is subject to this subpart?

    (a) This subpart applies to a new facility if it:
    (1) Is a point source that uses or proposes to use a cooling water 
intake structure;
    (2) Has at least one cooling water intake structure that uses at 
least 25 percent of the water it withdraws for cooling purposes as 
specified in paragraph (c) of this section; and
    (3) Has a design intake flow greater than two (2) million gallons 
per day (MGD).
    (b) Use of a cooling water intake structure includes obtaining 
cooling water by any sort of contract or arrangement with an independent 
supplier (or multiple suppliers) of cooling water if the supplier or 
suppliers withdraw(s) water from waters of the United States. Use of 
cooling water does not include obtaining cooling water from a public 
water system or the use of treated effluent that otherwise would be 
discharged to a water of the U.S. This provision is intended to prevent 
circumvention of these requirements by creating arrangements

[[Page 314]]

to receive cooling water from an entity that is not itself a point 
source.
    (c) The threshold requirement that at least 25 percent of water 
withdrawn be used for cooling purposes must be measured on an average 
monthly basis. A new facility meets the 25 percent cooling water 
threshold if, based on the new facility's design, any monthly average 
over a year for the percentage of cooling water withdrawn is expected to 
equal or exceed 25 percent of the total water withdrawn.
    (d) This subpart does not apply to facilities that employ cooling 
water intake structures in the offshore and coastal subcategories of the 
oil and gas extraction point source category as defined under 40 CFR 
435.10 and 40 CFR 435.40.