[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.85]

[Page 333-334]
 
                   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. 125.85  May alternative requirements be authorized?

    (a) Any interested person may request that alternative requirements 
less stringent than those specified in Sec. 125.84(a) through (e) be 
imposed in the permit. The Director may establish alternative 
requirements less stringent than the requirements of Sec. 125.84(a) 
through (e) only if:
    (1) There is an applicable requirement under Sec. 125.84(a) through 
(e);
    (2) The Director determines that data specific to the facility 
indicate that compliance with the requirement at issue would result in 
compliance costs wholly out of proportion to those EPA considered in 
establishing the requirement at issue or would result in significant 
adverse impacts on local air quality, significant adverse impacts on 
local water resources not addressed under Sec. 125.84(d)(1)(i), or 
significant adverse impacts on local energy markets;
    (3) The alternative requirement requested is no less stringent than 
justified by the wholly out of proportion cost or the significant 
adverse impacts on local air quality, significant adverse impacts on 
local water resources not addressed under Sec. 125.84(d)(1)(i), or 
significant adverse impacts on local energy markets; and
    (4) The alternative requirement will ensure compliance with other 
applicable provisions of the Clean Water Act

[[Page 334]]

and any applicable requirement of state law.
    (b) The burden is on the person requesting the alternative 
requirement to demonstrate that alternative requirements should be 
authorized.

    Effective Date Note: At 68 FR 36755, June 19, 2003, Sec. 125.85 was 
amended by revising paragraphs (a)(2) and (3), effective July 21, 2003. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 125.85  May alternative requirements be authorized?

    (a) * * *
    (2) The Director determines that data specific to the facility 
indicate that compliance with the requirement at issue would result in 
compliance costs wholly out of proportion to the costs EPA considered in 
establishing the requirement at issue or would result in significant 
adverse impacts on local air quality, significant adverse impacts on 
local water resources other than impingement or entrainment, or 
significant adverse impacts on local energy markets;
    (3) The alternative requirement requested is no less stringent than 
justified by the wholly out of proportion cost or the significant 
adverse impacts on local air quality, significant adverse impacts on 
local water resources other than impingement or entrainment, or 
significant adverse impacts on local energy markets; and

                                * * * * *