[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.130]

[Page 366-367]
 
                   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 N_Requirements Applicable to Cooling Water Intake Structures for 
 New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of 
                                 the Act
 
Sec.  125.130  What are the purpose and scope of this subpart?

    Source: 71 FR 35040, June 16, 2006, unless otherwise noted.


    (a) This subpart establishes requirements that apply to the 
location, design, construction, and capacity of cooling water intake 
structures at new offshore oil and gas extraction facilities. The 
purpose of these requirements is to establish the best technology

[[Page 367]]

available for minimizing adverse environmental impact associated with 
the use of cooling water intake structures at these facilities. 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 
offshore oil and gas extraction facilities. 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 offshore oil and gas extraction facilities that do not meet 
the threshold requirements regarding amount of water withdrawn or 
percentage of water withdrawn for cooling water purposes in Sec.  
125.131(a) must meet requirements determined by the Director 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.