Except to the extent that they are less stringent than the Texas Water Code or the rules of the commission, the following federal regulations are adopted by reference, as amended:
  (1) 40 Code of Federal Regulations (CFR) Part 125, Subpart A, relating to imposing technology-based treatment requirements, as in effect on the date of Texas Pollutant Discharge Elimination System (TPDES) program authorization;
  (2) 40 CFR Part 125, Subpart B, relating to issuance of permits to aquaculture projects, as in effect on the date of TPDES program authorization;
  (3) 40 CFR Part 125, Subpart D, relating to determining fundamentally different factors (Federal Register, Volume 65, May 15, 2000);
  (4) 40 CFR Part 125, Subpart G, relating to modifying the secondary treatment requirements, as in effect on the date of TPDES program authorization;
  (5) 40 CFR Part 125, Subpart H, relating to determining alternative effluent limitations (Federal Register, Volume 65, May 15, 2000);
  (6) 40 CFR Part 125, Subpart I, relating to cooling water intake structures for new facilities (Federal Register, Volume 79, August 15, 2014);
  (7) 40 CFR Part 125, Subpart J, relating to relating to cooling water intake structures for existing facilities (Federal Register, Volume 79, August 15, 2014);
  (8) 40 CFR Part 125, Subpart M, relating to ocean discharges, as in effect on the date of TPDES program authorization; and
  (9) 40 CFR Part 125, Subpart N, relating to cooling water intake structures for new offshore oil and gas extraction facilities (Federal Register, Volume 71, June 16, 2006).

Source Note: The provisions of this §305.544 adopted to be effective April 21, 2022, 47 TexReg 2016