81(a) must meet requirements determined on a case-by-case, best professional judgement (BPJ) basis”). The challenged provision used the same approach EPA had been following prior to that time and the same approach that EPA codified for existing facilities in 40 C.F.R. § 125.90(b). The industry petitioners argued that 40 C.F.R. § 125.

determined by the Director on a case-by-case, best professional judgment (BPJ) basis.” 40 C.F.R. § 125.90(b). The latter provides: “The location, design, construction and capacity of cooling water intake structures of any point source for which a standard is established pursuant to section 301 or 306 of the Act shall reflect the best technology available for minimizing adverse environmental impact, in accordance with the provisions of Part 402 of this chapter.”