[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: 40CFR125.71]



[Page 332]

 

                   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.  125.71  Definitions.



    For the purpose of this subpart:

    (a) Alternative effluent limitations means all effluent limitations 

or standards of performance for the control of the thermal component of 

any discharge which are established under section 316(a) and this 

subpart.

    (b) Representative important species means species which are 

representative, in terms of their biological needs, of a balanced, 

indigenous community of shellfish, fish and wildlife in the body of 

water into which a discharge of heat is made.

    (c) The term balanced, indigenous community is synonymous with the 

term balanced, indigenous population in the Act and means a biotic 

community typically characterized by diversity, the capacity to sustain 

itself through cyclic seasonal changes, presence of necessary food chain 

species and by a lack of domination by pollution tolerant species. Such 

a community may include historically non-native species introduced in 

connection with a program of wildlife management and species whose 

presence or abundance results from substantial, irreversible 

environmental modifications. Normally, however, such a community will 

not include species whose presence or abundance is attributable to the 

introduction of pollutants that will be eliminated by compliance by all 

sources with section 301(b)(2) of the Act; and may not include species 

whose presence or abundance is attributable to alternative effluent 

limitations imposed pursuant to section 316(a).