40 CFR 125.83 - What special definitions apply to this subpart?
| Cite as | 40 CFR 125.83 |
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27 practice notes
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase III facilities; requirements,
...include modifications and additions to existing facilities, that do not meet the definition of a new facility under the Phase I rule (40 CFR 125.83). That definition \1\ Construction is commenced if the owner or operator has undertaken certain installation and site preparation activities th......
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Part II
...to such facilities, the construction of which commences after January 17, 2002, that do not meet the definition of a new facility at 40 CFR 125.83, the definition used to define the scope of the Phase I rule. That definition \1\ Construction is commenced if the owner or operator has underta......
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National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule
...pumps (i.e., back- up pumps). For new facilities this is the design maximum flow capacity of the cooling water intake structure. See 40 CFR 125.83 and 125.92. This element will be reported for each cooling water intake structure, which will have a ``Permitted Feature ID.'' Specific monitori......
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase II existing facilities; requirements,
...to such facilities, the construction of which commences after January 17, 2002, that do not meet the definition of a new facility at 40 CFR 125.83, the definition used to define the scope of the Phase I rule. That definition \1\ Construction is commenced if the owner or operator has underta......
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10 cases
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Voices of Wetlands v. State Water Res. Bd., No. H028021.
...at p. 125.) By regulatory interpretation: "Minimize means to reduce to the smallest amount, extent, or degree reasonably possible." (40 C.F.R. § 125.83 (2001) [Phase I final regulations]; see also, e.g., General Counsel Opinion 63, p. 9 [equating minimize with "reduce to the smallest possib......
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Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 04-6692-ag(L).
...water intake structure whose design capacity is increased to accommodate 475 F.3d 118 the intake of additional cooling water." See 40 C.F.R. § 125.83. A "new source" under section 122.29 is a facility that (1) "is constructed at a site at which no other source is located," (2) "totally repl......
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Cooling Water Intake Structure Coal. v. U.S. Envtl. Prot. Agency, Docket Nos. 14-4645(L)
...of "new unit." The EPA determined that "new units" at existing facilities, like the "new facilities" covered by the Phase I rule, 40 C.F.R. § 125.83 (defining "new facility"), must meet performance standards commensurate with those that may be attained by closed-cycle cooling, id. § 125.94(......
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Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 02-4005.
...UWAG Br. at 11. 30. The EPA defines minimize as "to reduce to the smallest amount, extent, or degree reasonably possible." 40 C.F.R. § 125.83; Final Rule, 66 Fed.Reg. at 65,275 col. 31. By most we mean 73 percent of manufacturing facilities and 62 percent of power plants. NODA, 66 Fed.Reg. ......
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1 firm's commentaries
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USEPA Describes Proposed 316(b) Standards as “Common Sense”
...added to an existing facility which increases its capacity and neither replaces an existing unit nor constitutes a “new facility” under 40 C.F.R. 125.83. USEPA’s definition indicates that a replacement unit or repowered unit (as opposed to an additional unit), would not be treated as a new ......
1 books & journal articles
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Technology-based standards
...hat determination could plausibly involve a consideration of the beneits derived from reductions and the costs of achieving them. Cf. 40 CFR § 125.83 (deining “minimize” for purposes of the Phase I regulations as “reduc[ing] to the smallest amount, extent, or degree reasonably possible”). I......