40 CFR 125.81 - Who is subject to this subpart?

Cite as40 CFR 125.81
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18 practice notes
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase III facilities; requirements,
    • United States
    • Federal Register November 24, 2004
    • November 24, 2004
    ...a point source to waters of the United States. This is the same requirement EPA included in the Phase I and Phase II final rules (see, 40 CFR 125.81(a)(1), and 40 CFR 125.91(a)(1), respectively). Requirements for complying with section 316(b) will continue to be applied through NPDES Based ......
  • Part II
    • United States
    • Federal Register July 09, 2004
    • July 9, 2004
    ...water, from a point source to waters of the Unites States. This is the same requirement EPA included in the Phase I new facility rule at 40 CFR 125.81(a)(1). Requirements for complying with section 316(b) will continue to be applied through NPDES Based on the Agency's review of potential Ph......
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase II existing facilities; requirements,
    • United States
    • Federal Register July 09, 2004
    • July 9, 2004
    ...water, from a point source to waters of the Unites States. This is the same requirement EPA included in the Phase I new facility rule at 40 CFR 125.81(a)(1). Requirements for complying with section 316(b) will continue to be applied through NPDES Based on the Agency's review of potential Ph......
  • Environmental Protection Agency,
    • United States
    • Federal Register December 18, 2001
    • December 18, 2001
    ...intake structure with a design intake capacity of greater than or equal to two (2) million gallons per day (MGD) of source water. See 40 CFR 125.81 of this rule. The percentage of total water withdrawn that is used for cooling purposes is to be measured on an average monthly basis over a pe......
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6 cases
  • Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 02-4005.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 3, 2004
    ...of the Rule) that withdraw more than 2 million gallons of water per day and use at least 25 percent of that water for cooling. 40 C.F.R. § 125.81(a) (2003). Those facilities whose cooling water consumption falls below either of those thresholds will continue to be subject to regulation on t......
  • Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 04-6692-ag(L).
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 25, 2007
    ...of these requirements by creating arrangements to receive cooling water from an entity that is not itself a point source. 40 C.F.R. § 125.81(b). 39. The final Rule provides that "[u]se of a cooling water intake structure includes obtaining cooling water by any sort of contract or arrangemen......
  • Entergy Corp. v. Riverkeeper, Inc., Nos. 07–588
    • United States
    • United States Supreme Court
    • April 1, 2009
    ...governing certain new, large cooling water intake structures. 66 Fed.Reg. 65256 (2001) (Phase I rules); see 40 CFR §§ 125.80(a), 125.81(a) (2008). Those rules require new facilities with water-intake flow greater than 10 million gallons per day to, among other things, restrict their inflow ......
  • Entergy Corp. v. Riverkeeper, Inc., Nos. 07–588
    • United States
    • United States Supreme Court
    • April 1, 2009
    ...governing certain new, large cooling water intake structures. 66 Fed.Reg. 65256 (2001) (Phase I rules); see 40 CFR §§ 125.80(a), 125.81(a) (2008). Those rules require new facilities with water-intake flow greater than 10 million gallons per day to, among other things, restrict their inflow ......
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