[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: 40CFR125.87]

[Page 322-323]
 
                   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. 125.87  As an owner or operator of a new facility, must I perform monitoring?

    As an owner or operator of a new facility, you will be required to 
perform

[[Page 323]]

monitoring to demonstrate your compliance with the requirements 
specified in Sec. 125.84.
    (a) Biological monitoring. You must monitor both impingement and 
entrainment of the commercial, recreational, and forage base fish and 
shellfish species identified in either the Source Water Baseline 
Biological Characterization data required by 40 CFR 122.21(r)(3) or the 
Comprehensive Demonstration Study required by Sec. 125.86(c)(2), 
depending on whether you chose to comply with Track I or Track II. The 
monitoring methods used must be consistent with those used for the 
Source Water Baseline Biological Characterization data required in 40 
CFR 122.21(r)(3) or the Comprehensive Demonstration Study required by 
Sec. 125.86(c)(2). You must follow the monitoring frequencies identified 
below for at least two (2) years after the initial permit issuance. 
After that time, the Director may approve a request for less frequent 
sampling in the remaining years of the permit term and when the permit 
is reissued, if supporting data show that less frequent monitoring would 
still allow for the detection of any seasonal and daily variations in 
the species and numbers of individuals that are impinged or entrained.
    (1) Impingement sampling. You must collect samples to monitor 
impingement rates (simple enumeration) for each species over a 24-hour 
period and no less than once per month when the cooling water intake 
structure is in operation.
    (2) Entrainment sampling. You must collect samples to monitor 
entrainment rates (simple enumeration) for each species over a 24-hour 
period and no less than biweekly during the primary period of 
reproduction, larval recruitment, and peak abundance identified during 
the Source Water Baseline Biological Characterization required by 40 CFR 
122.21(r)(3) or the Comprehensive Demonstration Study required in 
Sec. 125.86(c)(2). You must collect samples only when the cooling water 
intake structure is in operation.
    (b) Velocity monitoring. If your facility uses surface intake screen 
systems, you must monitor head loss across the screens and correlate the 
measured value with the design intake velocity. The head loss across the 
intake screen must be measured at the minimum ambient source water 
surface elevation (best professional judgment based on available 
hydrological data). The maximum head loss across the screen for each 
cooling water intake structure must be used to determine compliance with 
the velocity requirement in Sec. 125.84(b)(2) or (c)(1). If your 
facility uses devices other than surface intake screens, you must 
monitor velocity at the point of entry through the device. You must 
monitor head loss or velocity during initial facility startup, and 
thereafter, at the frequency specified in your NPDES permit, but no less 
than once per quarter.
    (c) Visual or remote inspections. You must either conduct visual 
inspections or employ remote monitoring devices during the period the 
cooling water intake structure is in operation. You must conduct visual 
inspections at least weekly to ensure that any design and construction 
technologies required in Sec. 125.84(b)(4) and (5), or (c)(3) and (4) 
are maintained and operated to ensure that they will continue to 
function as designed. Alternatively, you must inspect via remote 
monitoring devices to ensure that the impingement and entrainment 
technologies are functioning as designed.