40 CFR 125.94 - As an owner or operator of an existing facility, what must I do to comply with this subpart?
| Cite as | 40 CFR 125.94 |
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23 practice notes
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase III facilities; requirements,
...Phase II rule, EPA established performance standards for the reduction of impingement mortality and, when appropriate, entrainment (see 40 CFR 125.94). The performance standards consist of ranges of reductions in impingement mortality and/or entrainment (e.g., reduce impingement mortality b......
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National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule
...the Director requires additional measures to protect Federally-listed threatened or endangered species or critical habitat pursuant to 40 CFR 125.94(g), the Director shall require reporting associated those measures see 40 CFR 125.97(g). The following data elements correspond to this report......
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National Pollutant Discharge Elimination System-Final Regulations To Establish Requirements for Cooling Water Intake Structures at Existing Facilities and Amend Requirements at Phase I Facilities
...established under the final rule would not meet the requirements of applicable State and Tribal law, including water quality standards. 40 CFR 125.94(i). Today's rule also requires the owner or operator of a facility subject to this subpart to submit and retain permit application and suppor......
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Part II
...Phase II rule, EPA established performance standards for the reduction of impingement mortality and, when appropriate, entrainment (see 40 CFR 125.94). The performance standards consist of ranges of reductions in impingement mortality and/or entrainment (e.g., reduce impingement mortality b......
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10 cases
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Voices of The Wetlands v. State Water Res. Control Bd., No. S160211.
...(the “cost-cost” alternative), or than the environmental benefits [257 P.3d 91] to be expected (the “cost-benefit” alternative). ( 40 C.F.R. § 125.94 (2011).) In 2007, while the instant appeal was pending, the United States Court of Appeals for the Second Circuit issued its decision in Rive......
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Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 04-6692-ag(L).
...respect to each challenge, we provide here an overview of the Rule. The Phase II Rule sets forth five compliance alternatives. See 40 C.F.R. § 125.94(a). Section 125.94(a) requires that a facility select and implement one of the following "for establishing best technology available for mini......
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Cooling Water Intake Structure Coal. v. U.S. Envtl. Prot. Agency, Docket Nos. 14-4645(L)
...average, a 76 percent survival rate (in other words, reduce impingement mortality to no more than 24 percent). Id. at 48,337 (citing 40 C.F.R. § 125.94(c)(7) ). Under the Rule’s impingement provisions, a regulated facility may choose from seven compliance options that reduce impingement mor......
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Cooling Water Intake Structure Coal. v. U.S. Envtl. Prot. Agency, Docket Nos. 14-4645(L)
...average, a 76 percent survival rate (in other words, reduce impingement mortality to no more than 24 percent). Id. at 48,337 (citing 40 C.F.R. § 125.94(c)(7)). Under the Rule's impingement provisions, a regulated facility may choose from seven compliance options that reduce impingement mort......
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2 firm's commentaries
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EPA May Use Cost-Benefit Analysis In Setting “Best Technology Available” Standards Under Clean Water Act
...to 95% compared to the “calculation baseline.” Some facilities also must reduce entrainment mortality by 60% to 90%. See 40 CFR §§ 125.93, 125.94(b)(1)-(2). These targets are based on the improvements attainable through use of technologies the EPA deemed “commercially available and economic......
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Riverkeepers: Is Weighing the Cost and Benefits of Environmental Regulations Really “Back On The Table”
...need to demonstrate: costs of compliance are “significantly greater than” the costs considered by the agency in setting the standards, 40 CFR §125.94(a)(5)(i), or costs of compliance “would be significantly greater than the benefits of complying with the applicable performance standards,” §......
2 books & journal articles
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Technology-based standards
...a subset of facilities must also reduce entrainment of such aquatic organisms by “60 to 90 percent from the calculation baseline.” 40 CFR § 125.94(b)(1), (2); see § 125.93 (deining “calculation baseline”). hose targets are based on the environmental improvements achievable through deploymen......
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Phasing Out the Use of Fossil Fuels for the Generation of Electricity
...and capacity of cooling water intake structures relect the best technology available for minimizing adverse environmental impact”). 83. 40 C.F.R. §125.94 (c)(1)-(7), available at https://www.law.cornell.edu/cfr/ text/40/125.94. 84. Id . pt. 125, subpt. J, available at https://www.law.cornel......