[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR125.70]



[Page 331]

 

                   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.



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