[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: 40CFR125.90]



[Page 345-346]

 

                   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 J_Requirements Applicable to Cooling Water Intake Structures for 

      Phase II Existing Facilities Under Section 316(b) of the Act

 

Sec.  125.90  What are the purpose and scope of this subpart?



    Source: 69 FR 41683, July 9, 2004, unless otherwise noted.





    (a) This subpart establishes requirements that apply to the 

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

structures at existing facilities that are subject to this subpart 

(i.e., Phase II existing 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) Existing facilities that are not subject to requirements under 

this or another subpart of this part must meet requirements under 

section 316(b) of the CWA determined by the Director on a case-by-case, 

best professional judgment (BPJ) basis.



[[Page 346]]



    (c) Alternative regulatory requirements. Notwithstanding any other 

provision of this subpart, if a State demonstrates to the Administrator 

that it has adopted alternative regulatory requirements in its NPDES 

program that will result in environmental performance within a watershed 

that is comparable to the reductions of impingement mortality and 

entrainment that would otherwise be achieved under Sec.  125.94, the 

Administrator must approve such alternative regulatory requirements.

    (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 

not less stringent than those required by Federal law.