[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: 40CFR125.91]



[Page 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.  125.91  What is a ``Phase II Existing Facility''?



    (a) An existing facility, as defined in Sec.  125.93, is a Phase II 

existing facility subject to this subpart if it meets each of the 

following criteria:

    (1) It is a point source.

    (2) It uses or proposes to use cooling water intake structures with 

a total design intake flow of 50 million gallons per day (MGD) or more 

to withdraw cooling water from waters of the United States;

    (3) As its primary activity, the facility both generates and 

transmits electric power, or generates electric power but sells it to 

another entity for transmission; and

    (4) It uses at least 25 percent of water withdrawn exclusively for 

cooling purposes, measured on an average annual basis.

    (b) In the case of a Phase II existing facility that is co-located 

with a manufacturing facility, only that portion of the combined cooling 

water intake flow that is used by the Phase II facility to generate 

electricity for sale to another entity will be considered for purposes 

of determining whether the 50 MGD and 25 percent criteria in paragraphs 

(a)(2) and (4) of this section have been exceeded.

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

cooling water by any sort of contract or arrangement with one or more 

independent suppliers of cooling water if the supplier withdraws water 

from waters of the United States but is not itself a Phase II existing 

facility, except as provided in paragraph (d) of this section. 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 Phase II existing facility.

    (d) Notwithstanding paragraph (c) of this section, obtaining cooling 

water from a public water system or using treated effluent as cooling 

water does not constitute use of a cooling water intake structure for 

purposes of this subpart.