[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: 40CFR125.91]

[Page 347]
 
                   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    (4) It uses at least 25 percent of water withdrawn exclusively for 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.