[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: 40CFR125.80]

[Page 334-335]
 
                   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

[[Page 335]]

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. 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regarding amount of water withdrawn or percentage of water withdrawn for 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.