[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: 40CFR125.81]



[Page 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.  125.81  Who is subject to this subpart?



    (a) This subpart applies to a new facility if it:

    (1) Is a point source that uses or proposes to use a cooling water 

intake structure;

    (2) Has at least one cooling water intake structure that uses at 

least 25 percent of the water it withdraws for cooling purposes as 

specified in paragraph (c) of this section; and

    (3) Has a design intake flow greater than two (2) million gallons 

per day (MGD).

    (b) Use of a cooling water intake structure includes obtaining 

cooling water by any sort of contract or arrangement with an independent 

supplier (or multiple suppliers) of cooling water if the supplier or 

suppliers withdraw(s) water from waters of the United States. Use of 

cooling water does not include obtaining cooling water from a public 

water system or the use of treated effluent that otherwise would be 

discharged to a water of the U.S. This provision is intended to prevent 

circumvention of these requirements by creating arrangements to receive 

cooling water from an entity that is not itself a point source.

    (c) The threshold requirement that at least 25 percent of water 

withdrawn be used for cooling purposes must be measured on an average 

monthly basis. A new facility meets the 25 percent cooling water 

threshold if, based on the new facility's design, any monthly average 

over a year for the percentage of cooling water withdrawn is expected to 

equal or exceed 25 percent of the total water withdrawn.

    (d) This subpart does not apply to facilities that employ cooling 

water intake structures in the offshore and coastal subcategories of the 

oil and gas extraction point source category as defined under 40 CFR 

435.10 and 40 CFR 435.40.