Section 096-526-5 - Applicability to New Facilities [See 40 CFR Section 125.81]A. The Owner or Operator of a new facility, as defined in Chapter 520, that is a point source that uses or proposes to use a cooling water intake structure, is subject to the requirements of this Chapter.(1) Sections 6 through 11 apply if the facility:(i) Has at least one cooling water intake structure that uses at least 25 percent of the water it withdraws for cooling purposes as specified in paragraph C of this section; and(ii) Has a design intake flow greater than two million gallons per day (MGD).B. New facilities that do not meet the threshold requirements regarding amount of water withdrawn or percentage of water withdrawn for cooling water purposes in section 5.A must meet requirements under section 316(b) of the CWA established by the Department on a case-by-case, BPJ basis.C. Use of a cooling water intake structure includes obtaining cooling water by any sort of contract or arrangement with an independent supplier (or multiple suppliers) of cooling water if the supplier or suppliers withdraw(s) water from waters of the State. Use of cooling water does not include obtaining cooling water from a public water system or the use of treated effluent that otherwise would be discharged to a water of the State. 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water from an entity that is not itself a point source.D. The threshold requirement that at least 25 percent of water withdrawn be used for cooling purposes must be measured on an average monthly basis. A new facility meets the 25 percent cooling water threshold if, based on the new facility's design, any monthly average over a year for the percentage of cooling water withdrawn is expected to equal or exceed 25 percent of the total water withdrawn.06-096 C.M.R. ch. 526, § 5