[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: 40CFR125.89]

[Page 324-325]
 
                   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. 125.89  As the Director, what must I do to comply with the requirements of this subpart?

    (a) Permit application. As the Director, you must review materials 
submitted by the applicant under 40 CFR 122.21(r)(3) and Sec. 125.86 at 
the time of the initial permit application and before each permit 
renewal or reissuance.
    (1) After receiving the initial permit application from the owner or 
operator of a new facility, the Director must determine applicable 
standards in Sec. 125.84 to apply to the new facility. In addition, the 
Director must review materials to determine compliance with the 
applicable standards.
    (2) For each subsequent permit renewal, the Director must review the 
application materials and monitoring data to determine whether 
requirements, or additional requirements, for design and construction 
technologies or operational measures should be included in the permit.
    (3) For Track II facilities, the Director may review the information 
collection proposal plan required by Sec. 125.86(c)(2)(iii). The 
facility may initiate sampling and data collection activities prior to 
receiving comment from the Director.
    (b) Permitting requirements. Section 316(b) requirements are 
implemented for a facility through an NPDES permit. As the Director, you 
must determine, based on the information submitted by the new facility 
in its permit application, the appropriate requirements and conditions 
to include in the permit based on the track (Track I or Track II) the 
new facility has chosen to comply with. The following requirements must 
be included in each permit:
    (1) Cooling water intake structure requirements. At a minimum, the 
permit conditions must include the performance standards that implement 
the requirements of Sec. 125.84(b)(1), (2), (3), (4) and (5); 
Sec. 125.84(c)(1), (2), (3) and (4); or Sec. 125.84(d)(1) and (2). In 
determining compliance with proportional flow requirement in 
Secs. 125.84(b)(3)(ii); (c)(2)(ii); and (d)(2)(ii), the director must 
consider anthropogenic factors (those not considered ``natural'') 
unrelated to the new facility's cooling water intake structure that can 
influence the occurrence and location of a thermocline. These include 
source water inflows, other water withdrawals, managed water uses, 
wastewater discharges, and flow/level management practices (e.g., some 
reservoirs release water from below the surface, close to the deepest 
areas).
    (i) For a facility that chooses Track I, you must review the Design 
and Construction Technology Plan required in Sec. 125.86(b)(4) to 
evaluate the suitability and feasibility of the technology proposed to 
minimize impingement mortality and entrainment of all life stages of 
fish and shellfish. In the first permit issued, you must put a condition 
requiring the facility to reduce impingement mortality and entrainment 
commensurate with the implementation of the technologies in the permit. 
Under subsequent permits, the Director must review the performance of 
the technologies implemented and require additional or different design 
and construction technologies, if needed to minimize impingement 
mortality and entrainment of all life stages of fish and shellfish. In 
addition, you must consider whether more stringent conditions are 
reasonably necessary in accordance with Sec. 125.84(e).
    (ii) For a facility that chooses Track II, you must review the 
information submitted with the Comprehensive Demonstration Study 
information required in Sec. 125.86(c)(2), evaluate the suitability of 
the proposed design and construction technologies and operational 
measures to determine whether they will reduce both impingement 
mortality and entrainment of all life stages of fish and shellfish to 90 
percent or greater of the reduction that could be achieved through Track 
I. If you determine that restoration measures are appropriate at the new 
facility for consideration of impacts other than impingement mortality 
and entrainment, you must review the Evaluation of Proposed Restoration 
Measures and

[[Page 325]]

evaluate whether the proposed measures will maintain the fish and 
shellfish in the waterbody at a substantially similar level to that 
which would be achieved through Sec. 125.84(b)(1) and (2). In addition, 
you must review the Verification Monitoring Plan in 
Sec. 125.86(c)(2)(iv)(D) and require that the proposed monitoring begin 
at the start of operations of the cooling water intake structure and 
continue for a sufficient period of time to demonstrate that the 
technologies, operational measures and restoration measures meet the 
requirements in Sec. 125.84(d)(1). Under subsequent permits, the 
Director must review the performance of the additional and /or different 
technologies or measures used and determine that they reduce the level 
of adverse environmental impact from the cooling water intake structures 
to a comparable level that the facility would achieve were it to 
implement the requirements of Sec. 125.84(b)(1) and (2).
    (2) Monitoring conditions. At a minimum, the permit must require the 
permittee to perform the monitoring required in Sec. 125.87. You may 
modify the monitoring program when the permit is reissued and during the 
term of the permit based on changes in physical or biological conditions 
in the vicinity of the cooling water intake structure. The Director may 
require continued monitoring based on the results of the Verification 
Monitoring Plan in Sec. 125.86(c)(2)(iv)(D).
    (3) Record keeping and reporting. At a minimum, the permit must 
require the permittee to report and keep records as required by 
Sec. 125.88.

[66 FR 65338, Dec. 18, 2001]

Subparts J-K [Reserved]

Subpart L--Criteria and Standards for Imposing Conditions for the Disposal 
of Sewage Sludge Under Section 405 of the Act [Reserved]