[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: 40CFR125.80]



[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.  125.80  What are the purpose and scope of this subpart?



    Source: 66 FR 65338, Dec. 18, 2001, unless otherwise noted.





    (a) This subpart establishes requirements that apply to the 

location, design, construction, and capacity of cooling water intake 

structures at new facilities. The purpose of these requirements is to 

establish the best technology available for minimizing adverse 

environmental impact associated with the use of cooling water intake 

structures. These requirements are implemented through National 

Pollutant Discharge Elimination System (NPDES) permits issued under 

section 402 of the Clean Water Act (CWA).

    (b) This subpart implements section 316(b) of the CWA for new 

facilities.



[[Page 334]]



Section 316(b) of the CWA provides that any standard established 

pursuant to sections 301 or 306 of the CWA and applicable to a point 

source shall require that the location, design, construction, and 

capacity of cooling water intake structures reflect the best technology 

available for minimizing adverse environmental impact.

    (c) New facilities that do not meet the threshold requirements 

regarding amount of water withdrawn or percentage of water withdrawn for 

cooling water purposes in Sec.  125.81(a) must meet requirements 

determined on a case-by-case, best professional judgement (BPJ) basis.

    (d) Nothing in this subpart shall be construed to preclude or deny 

the right of any State or political subdivision of a State or any 

interstate agency under section 510 of the CWA to adopt or enforce any 

requirement with respect to control or abatement of pollution that is 

more stringent than those required by Federal law.