40 C.F.R. § 125.71

Definitions

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For the purpose of this subpart:

(a) Alternative effluent limitations means all effluent limitations or standards of performance for the control of the thermal component of any discharge which are established under section 316(a) and this subpart.

(b) Representative important species means species which are representative, in terms of their biological needs, of a balanced, indigenous community of shellfish, fish and wildlife in the body of water into which a discharge of heat is made.

(c) The term balanced, indigenous community is synonymous with the term balanced, indigenous population in the Act and means a biotic community typically characterized by diversity, the capacity to sustain itself through cyclic seasonal changes, presence of necessary food chain species and by a lack of domination by pollution tolerant species. Such a community may include historically non-native species introduced in connection with a program of wildlife management and species whose presence or abundance results from substantial, irreversible environmental modifications. Normally, however, such a community will not include species whose presence or abundance is attributable to the introduction of pollutants that will be eliminated by compliance by all sources with section 301(b)(2) of the Act; and may not include species whose presence or abundance is attributable to alternative effluent limitations imposed pursuant to section 316(a).

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2008–2023 · leading case: In Re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124 (Vt. 2009).

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In Re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124 (Vt. 2009). · cites it 4× “§ 1326 (a) (providing that thermal variance is allowable only if applicant can demonstrate that ecosystem will be protected “in and on the body of water into *155 which the discharge is to be made”); 40 C.F.R. § 125.71 (b) (defining “representative important species” in terms of…”

Sierra Club, Inc. & Conservation Law Found., Inc. v. Granite Shore Power LLC; GSP Merrmack LLC; & Pub. Serv. Co. of New Hampshire d/b/a Eversource Energy, 2023 DNH 149P (D.N.H. 2023). “40 C.F.R. 125.71(c).155 The court applies this agreed-upon definition when assessing this claim.”

Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2008). “” 40 C.F.R. § 125.71 (c). It is prohibited from including species “whose presence or abundance is attributable to alternative effluent limitations imposed pursuant to § 316(a),” although it may include historically non-native species introduced in a wildlife management program…”

— 40 C.F.R. § 125.71(c) — 1 case

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