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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:3.0.1.4.16.1.9.1 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | A | Subpart A—General Provisions for State Energy Program Financial Assistance | § 420.1 Purpose and scope. | DOE | It is the purpose of this part to promote the conservation of energy, to reduce the rate of growth of energy demand, and to reduce dependence on imported oil through the development and implementation of a comprehensive State Energy Program and the provision of Federal financial and technical assistance to States in support of such program. | ||||
| 10:10:3.0.1.4.16.1.9.2 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | A | Subpart A—General Provisions for State Energy Program Financial Assistance | § 420.2 Definitions. | DOE | [61 FR 35895, July 8, 1996, as amended at 62 FR 26726, May 14, 1997] | As used in this part: Act means title III, part D, as amended, of the Energy Policy and Conservation Act, 42 U.S.C. 6321 et seq. Alternative transportation fuel means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquified petroleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials (including neat biodiesel); and electricity (including electricity from solar energy). ASHRAE/IESNA 90.1-1989, as amended means the building design standard published in December 1989 by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, and the Illuminating Engineering Society of North America titled “Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings,” with Addenda 90.1b-1992; Addenda 90.1d-1992; Addenda 90.1e-1992; Addenda 90.1g-1993; and Addenda 90.1i-1993, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in § 420.6(b). Assistant Secretary means the Assistant Secretary for Energy Efficiency and Renewable Energy or any official to whom the Assistant Secretary's functions may be redelegated by the Secretary. British thermal unit (Btu) means the quantity of heat necessary to raise the temperature of one pound of water one degree Fahrenheit at 39.2 degrees Fahrenheit and at one atmosphere of pressure. Building means any structure which includes provision for a heating or cooling system, or both, or for a hot water system. Carpool means the sharing of a ride by two or more people in an automobile. Carpool matching and promotion campaign means a campaign to coordinate riders with drivers to form carpools and/or vanpools. Commercial building means any building other than a residential building, including any building constructed for industrial or public purposes. Commer… | |||
| 10:10:3.0.1.4.16.1.9.3 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | A | Subpart A—General Provisions for State Energy Program Financial Assistance | § 420.3 Administration of financial assistance. | DOE | (a) Financial assistance under this part shall comply with applicable laws and regulations including, but without limitation, the requirements of: (1) Executive Order 12372, Intergovernmental Review of Federal Programs, as implemented by 10 CFR part 1005. (2) DOE Financial Assistance Rules (10 CFR part 600); and (3) Other procedures which DOE may from time to time prescribe for the administration of financial assistance under this part. (b) The budget period(s) covered by the financial assistance provided to a State according to § 420.11(b) or § 420.33 shall be consistent with 10 CFR part 600. (c) Subawards are authorized under this part and are subject to the requirements of this part and 10 CFR part 600. | ||||
| 10:10:3.0.1.4.16.1.9.4 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | A | Subpart A—General Provisions for State Energy Program Financial Assistance | § 420.4 Technical assistance. | DOE | At the request of the Governor of any State to DOE and subject to the availability of personnel and funds, DOE will provide information and technical assistance to the State in connection with effectuating the purposes of this part. | ||||
| 10:10:3.0.1.4.16.1.9.5 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | A | Subpart A—General Provisions for State Energy Program Financial Assistance | § 420.5 Reports. | DOE | (a) Each State receiving financial assistance under this part shall submit to the cognizant Regional Office Director a quarterly program performance report and a quarterly financial status report. (b) Reports under this section shall contain such information as the Secretary may prescribe in order to monitor effectively the implementation of a State's activities under this part. (c) The reports shall be submitted within 30 days following the end of each calendar year quarter. | ||||
| 10:10:3.0.1.4.16.1.9.6 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | A | Subpart A—General Provisions for State Energy Program Financial Assistance | § 420.6 Reference standards. | DOE | [61 FR 35895, July 8, 1996, as amended at 69 FR 18803, Apr. 9, 2004] | (a) The following standards which are not otherwise set forth in this part are incorporated by reference and made a part of this part. The following standards have been approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A notice of any change in these materials will be published in the Federal Register. The standards incorporated by reference are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The following standards are incorporated by reference in this part: (1) The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 1791 Tullie Circle, N.E., Atlanta, Georgia 30329, (404) 636-8400/The Illuminating Engineering Society of North America (IESNA), 345 East 47th Street, New York, New York 10017, (212) 705-7913: (i) ASHRAE/IESNA 90.1-1989, entitled “Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings,” with Addenda 90.1b-1992; Addenda 90.1d-1992; Addenda 90.1e-1992; Addenda 90.1g-1993; and Addenda 90.1i-1993, IBR approved for § 420.2 and § 420.15. (2) The Council of American Building Officials (CABO), 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041, (703) 931-4533: (i) The Model Energy Code, 1993, including Errata, IBR approved for § 420.2 and § 420.15. | |||
| 10:10:3.0.1.4.16.2.9.1 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.10 Purpose. | DOE | This subpart specifies the procedures that apply to the Formula Grant part of the State Energy Program, which allows States to apply for financial assistance to undertake a wide range of required and optional energy-related activities provided for under § 420.15 and § 420.17. Funding for these activities is allocated to the States based on funds available for any fiscal year, as described under § 420.11. | ||||
| 10:10:3.0.1.4.16.2.9.10 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.19 Administrative review. | DOE | [61 FR 35895, July 8, 1996, as amended at 64 FR 46114, Aug. 24, 1999] | (a) A State shall have 20 days from the date of receipt of a decision under § 420.14 to file a notice requesting administrative review in accordance with paragraph (b) of this section. If an applicant does not timely file such a notice, the decision under § 420.14 shall become final for DOE. (b) A notice requesting administrative review shall be filed with the cognizant Regional Office Director and shall be accompanied by a written statement containing supporting arguments. If the cognizant Regional Office Director has disapproved an entire application for financial assistance, the State may request a public hearing. (c) A notice or any other document shall be deemed filed under this section upon receipt. (d) On or before 15 days from receipt of a notice requesting administrative review which is timely filed, the cognizant Regional Office Director shall forward to the Deputy Assistant Secretary, the notice requesting administrative review, the decision under § 420.14 as to which administrative review is sought, a draft recommended final decision for concurrence, and any other relevant material. (e) If the State requests a public hearing on the disapproval of an entire application for financial assistance under this subpart, the Deputy Assistant Secretary, within 15 days, shall give actual notice to the State and Federal Register notice of the date, place, time, and procedures which shall apply to the public hearing. Any public hearing under this section shall be informal and legislative in nature. (f) On or before 45 days from receipt of documents under paragraph (d) of this section or the conclusion of the public hearing, whichever is later, the Deputy Assistant Secretary shall concur in, concur in as modified, or issue a substitute for the recommended decision of the cognizant Regional Office Director. (g) On or before 15 days from the date of receipt of the determination under paragraph (f) of this section, the Governor may file an application for discretionary review by the Assistant Secretary. On or … | |||
| 10:10:3.0.1.4.16.2.9.2 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.11 Allocation of funds among the States. | DOE | (a) The cognizant Regional Office Director shall provide financial assistance to each State having an approved annual application from funds available for any fiscal year to develop, modify, or implement a plan. (b) DOE shall allocate financial assistance to develop, implement or modify plans among the States from funds available for any fiscal year, as follows: (1) If the available funds equal $25.5 million, such funds shall be allocated to the States according to Table 1 of this section. (2) The base allocation for each State is listed in Table 1. Table 1—Base Allocation by State (3) If the available funds for any fiscal year are less than $25.5 million, then the base allocation for each State shall be reduced proportionally. (4) If the available funds exceed $25.5 million, $25.5 million shall be allocated as specified in Table 1 and any in excess of $25.5 million shall be allocated as follows: (i) One-third of the available funds is divided among the States equally; (ii) One-third of the available funds is divided on the basis of the population of the participating States as contained in the most recent reliable census data available from the Bureau of the Census, Department of Commerce, for all participating States at the time DOE needs to compute State formula shares; and (iii) One-third of the available funds is divided on the basis of the energy consumption of the participating States as contained in the most recent State Energy Data Report available from DOE's Energy Information Administration. (c) The budget period covered by the financial assistance provided to a State according to § 420.11(b) shall be consistent with 10 CFR part 600. | ||||
| 10:10:3.0.1.4.16.2.9.3 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.12 State matching contribution. | DOE | [61 FR 35895, July 8, 1996, as amended at 64 FR 46114, Aug. 24, 1999] | (a) Each State shall provide cash, in kind contributions, or both for SEP activities in an amount totaling not less than 20 percent of the financial assistance allocated to the State under § 420.11(b). (b) Cash and in-kind contributions used to meet this State matching requirement are subject to the limitations on expenditures described in § 420.18(a), but are not subject to the 20 percent limitation in § 420.18(b). (c) Nothing in this section shall be read to require a match for petroleum violation escrow funds used under this subpart. | |||
| 10:10:3.0.1.4.16.2.9.4 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.13 Annual State applications and amendments to State plans. | DOE | [61 FR 35895, July 8, 1996, as amended at 62 FR 26727, May 14, 1997; 64 FR 46114, Aug. 24, 1999; 71 FR 57887, Oct. 2, 2006] | (a) To be eligible for financial assistance under this subpart, a State shall submit to the cognizant Regional Office Director an original and two copies of the annual application executed by the Governor, including an amended State plan or any amendments to the State plan needed to reflect changes in the activities the State is planning to undertake for the fiscal year concerned. The date for submission of the annual State application shall be set by DOE. (b) An application shall include: (1) A face sheet containing basic identifying information, on Standard Form (SF) 424; (2) A description of the energy efficiency, renewable energy, and alternative transportation fuel goals to be achieved, including wherever practicable: (i) An estimate of the energy to be saved by implementation of the State plan; (ii) Why the goals were selected; (iii) How the attainment of the goals will be measured by the State; and (iv) How the program activities included in the State plan represent a strategy to achieve these goals; (3) With respect to financial assistance under this subpart, a goal, consisting of an improvement of 25 percent or more in the efficiency of use of energy in the State concerned in the calendar year 2012, as compared to the calendar year 1990, and may contain interim goals; (4) For the budget period for which financial assistance will be provided: (i) A total program budget with supporting justification, broken out by object category and by source of funding; (ii) The source and amount of State matching contribution; (iii) A narrative statement detailing the nature of State plan amendments and of new program activities. (iv) For each program activity, a budget and listing of milestones; and (v) An explanation of how the minimum criteria for required program activities prescribed in § 420.15 have been implemented and are being maintained. (5) If any of the activities being undertaken by the State in its plan have environmental impacts, a detailed description of the increase or decrease in environ… | |||
| 10:10:3.0.1.4.16.2.9.5 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.14 Review and approval of annual State applications and amendments to State plans. | DOE | [61 FR 35895, July 8, 1996, as amended at 62 FR 26727, May 14, 1997; 64 FR 46114, Aug. 24, 1999] | (a) After receipt of an application for financial assistance under this subpart and for approval of an amendment, if any, to a State plan, the cognizant Regional Office Director may request the State to submit within a reasonable period of time any revisions necessary to make the application complete and to bring the application into compliance with the requirements of subparts A and B of this part. The cognizant Regional Office Director shall attempt to resolve any dispute over the application informally and to seek voluntary compliance. If a State fails to submit timely appropriate revisions to complete an application or to bring it into compliance, the cognizant Regional Office Director may reject the application in a written decision, including a statement of reasons, which shall be subject to administrative review under § 420.19 of subparts A and B of this part. (b) On or before 60 days from the date that a timely filed application is complete, the cognizant Regional Office Director shall— (1) Approve the application in whole or in part to the extent that— (i) The application conforms to the requirements of subparts A and B of this part; (ii) The proposed program activities are consistent with a State's achievement of its energy conservation goals in accordance with § 420.13; and (iii) The provisions of the application regarding program activities satisfy the minimum requirements prescribed by § 420.15 and § 420.17 as applicable; (2) Approve the application in whole or in part subject to special conditions designed to ensure compliance with the requirements of subparts A and B of this part; or (3) Disapprove the application if it does not conform to the requirements of subparts A and B of this part. | |||
| 10:10:3.0.1.4.16.2.9.6 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.15 Annual State applications and amendments to State plans. | DOE | [61 FR 35895, July 8, 1996, as amended at 62 FR 26727, May 14, 1997; 89 FR 33196, Apr. 29, 2024] | (a) Mandatory lighting efficiency standards for public buildings shall: (1) Be implemented throughout the State, except that the standards shall be adopted by the State as a model code for those local governments of the State for which the State's constitution reserves the exclusive authority to adopt and implement building standards within their jurisdictions; (2) Apply to all public buildings (except for public buildings owned or leased by the United States), above a certain size, as determined by the State; (3) For new public buildings, be no less stringent than the provisions of ASHRAE/IESNA 90.1-1989, and should be updated by enactment of, or support for the enactment into local codes or standards, which, at a minimum, are comparable to provisions of ASHRAE/IESNA 90.1-1989 which is incorporated by reference in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51. The availability of this incorporation by reference is given in § 420.6; and (4) For existing public buildings, contain the elements deemed appropriate by the State. (b) Program activities to promote the availability and use of carpools, vanpools, and public transportation shall: (1) Have at least one of the following actions under implementation in at least one urbanized area with a population of 50,000 or more within the State or in the largest urbanized area within the State if that State does not have an urbanized area with a population of 50,000 or more: (i) A carpool/vanpool matching and promotion campaign; (ii) Park-and-ride lots; (iii) Preferential traffic control for carpoolers and public transportation patrons; (iv) Preferential parking for carpools and vanpools; (v) Variable working schedules; (vi) Improvement in transit level of service for public transportation; (vii) Exemption of carpools and vanpools from regulated carrier status; (viii) Parking taxes, parking fee regulations or surcharge on parking costs; (ix) Full-cost parking fees for State and/or local government employees; (x) Urban area traffic restrictions; (xi) … | |||
| 10:10:3.0.1.4.16.2.9.7 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.16 Extensions for compliance with required program activities. | DOE | An extension of time by which a required program activity must be ready for implementation may be granted if DOE determines that the extension is justified. A written request for an extension, with accompanying justification and an action plan acceptable to DOE for achieving compliance in the shortest reasonable time, shall be made to the cognizant Regional Office Director. Any extension shall be only for the shortest reasonable time that DOE determines necessary to achieve compliance. The action plan shall contain a schedule for full compliance and shall identify and make the most reasonable commitment possible to provision of the resources necessary for achieving the scheduled compliance. | ||||
| 10:10:3.0.1.4.16.2.9.8 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.17 Optional elements of State Energy Program plans. | DOE | [61 FR 35895, July 8, 1996, as amended at 62 FR 26727, May 14, 1997; 64 FR 46114, Aug. 24, 1999] | (a) Other appropriate activities or programs may be included in the State plan. These activities may include, but are not limited to, the following: (1) Program activities of public education to promote energy efficiency, renewable energy, and alternative transportation fuels; (2) Program activities to increase transportation energy efficiency, including programs to accelerate the use of alternative transportation fuels for government vehicles, fleet vehicles, taxis, mass transit, and privately owned vehicles; (3) Program activities for financing energy efficiency measures and renewable energy measures— (i) Which may include loan programs and performance contracting programs for leveraging of additional public and private sector funds and program activities which allow rebates, grants, or other incentives for the purchase of energy efficiency measures and renewable energy measures; or (ii) In addition to or in lieu of program activities described in paragraph (a)(3)(i) of this section, which may be used in connection with public or nonprofit buildings owned and operated by a State, a political subdivision of a State or an agency or instrumentality of a State, or an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 including public and private non-profit schools and hospitals, and local government buildings; (4) Program activities for encouraging and for carrying out energy audits with respect to buildings and industrial facilities (including industrial processes) within the State; (5) Program activities to promote the adoption of integrated energy plans which provide for: (i) Periodic evaluation of a State's energy needs, available energy resources (including greater energy efficiency), and energy costs; and (ii) Utilization of adequate and reliable energy supplies, including greater energy efficiency, that meet applicable safety, environmental, and policy requirements at the lowest cost; (6) Program activities to promote energy efficiency in residential hous… | |||
| 10:10:3.0.1.4.16.2.9.9 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | B | Subpart B—Formula Grant Procedures | § 420.18 Expenditure prohibitions and limitations. | DOE | [61 FR 35895, July 8, 1996, as amended at 62 FR 26727, May 14, 1997; 64 FR 46114, Aug. 24, 1999] | (a) No financial assistance provided to a State under this subpart shall be used: (1) For construction, such as construction of mass transit systems and exclusive bus lanes, or for construction or repair of buildings or structures; (2) To purchase land, a building or structure or any interest therein; (3) To subsidize fares for public transportation; (4) To subsidize utility rate demonstrations or State tax credits for energy conservation measures or renewable energy measures; or (5) To conduct, or purchase equipment to conduct, research, development or demonstration of energy efficiency or renewable energy techniques and technologies not commercially available. (b) No more than 20 percent of the financial assistance awarded to the State for this program shall be used to purchase office supplies, library materials, or other equipment whose purchase is not otherwise prohibited by this section. Nothing in this paragraph shall be read to apply this 20 percent limitation to petroleum violation escrow funds used under this subpart. (c) Demonstrations of commercially available energy efficiency or renewable energy techniques and technologies are permitted, and are not subject to the prohibitions of § 420.18(a)(1), or to the limitation on equipment purchases of § 420.18(b). (d) A State may use regular or revolving loan mechanisms to fund SEP services which are consistent with this subpart and which are included in the State's approved SEP plan. The State may use loan repayments and any interest on the loan funds only for activities which are consistent with this subpart and which are included in the State's approved SEP plan. (e) A State may use funds under this subpart for the purchase and installation of equipment and materials for energy efficiency measures and renewable energy measures, including reasonable design costs, subject to the following terms and conditions: (1) Such use must be included in the State's approved plan and, if funded by petroleum violation escrow funds, must be consistent with any ju… | |||
| 10:10:3.0.1.4.16.3.9.1 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.30 Purpose and scope. | DOE | (a) This subpart sets forth DOE's policies and procedures for implementing special projects financial assistance under this part. (b) For years in which such funding is available, States may apply for financial assistance to undertake a variety of State-oriented energy-related special projects activities in addition to the funds provided under the regular SEP grants. (c) The types of funded activities may vary from year to year, and from State to State, depending upon funds available for each type of activity and DOE and State priorities. (d) A number of end-use sector programs in the Office of Energy Efficiency and Renewable Energy participate in the funding of these activities, and the projects must meet the requirements of those programs. (e) The purposes of the special project activities are: (1) To utilize States to accelerate deployment of energy efficiency, renewable energy, and alternative transportation fuel technologies; (2) To facilitate the commercialization of emerging and underutilized energy efficiency and renewable energy technologies; and (3) To increase the responsiveness of Federally funded technology development efforts to the needs of the marketplace. | ||||
| 10:10:3.0.1.4.16.3.9.2 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.31 Notice of availability. | DOE | (a) If in any fiscal year DOE has funds available for special projects, DOE shall publish in the Federal Register one or more notice(s) of availability of SEP special projects financial assistance. (b) Each notice of availability shall cite this part and shall include: (1) Brief descriptions of the activities for which funding is available; (2) The amount of money DOE has available or estimates it will have available for award for each type of activity, and the total amount available; (3) The program official to contact for additional information, application forms, and the program guidance/solicitation document; and (4) The dates when: (i) The program guidance/solicitation will be available; and (ii) The applications for financial assistance must be received by DOE. | ||||
| 10:10:3.0.1.4.16.3.9.3 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.32 Program guidance/solicitation. | DOE | After the publication of the notice of availability in the Federal Register, DOE shall, upon request, provide States interested in applying for one or more project(s) under the special projects financial assistance with a detailed program guidance/solicitation that will include: (a) The control number of the program; (b) The expected duration of DOE support or period of performance; (c) An application form or the format to be used, location for application submission, and number of copies required; (d) The name of the DOE program office contact from whom to seek additional information; (e) Detailed descriptions of each type of program activity for which financial assistance is being offered; (f) The amount of money available for award, together with any limitations as to maximum or minimum amounts expected to be awarded; (g) Deadlines for submitting applications; (h) Evaluation criteria that DOE will apply in the selection and ranking process for applications for each program activity; (i) The evaluation process to be applied to each type of program activity; (j) A listing of program policy factors if any that DOE may use in the final selection process, in addition to the results of the evaluations, including: (1) The importance and relevance of the proposed applications to SEP and the participating programs in the Office of Energy Efficiency and Renewable Energy; and (2) Geographical diversity; (k) Reporting requirements; (l) References to: (1) Statutory authority for the program; (2) Applicable rules; and (3) Other terms and conditions applicable to awards made under the program guidance/solicitation; and (m) A statement that DOE reserves the right to fund in whole or in part, any, all, or none of the applications submitted. | ||||
| 10:10:3.0.1.4.16.3.9.4 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.33 Application requirements. | DOE | [61 FR 35895, July 8, 1996, as amended at 64 FR 46114, Aug. 24, 1999] | (a) Consistent with § 420.32 of this part, DOE shall set forth general and special project activity-specific requirements for applications for special projects financial assistance in the program guidance/solicitation. (b) In addition to any other requirements, all applications shall provide: (1) A detailed description of the proposed project, including the objectives of the project in relationship to DOE's program and the State's plan for carrying it out; (2) A detailed budget for the entire proposed period of support, with written justification sufficient to evaluate the itemized list of costs provided on the entire project; and (3) An implementation schedule for carrying out the project. (c) DOE may, subsequent to receipt of an application, request additional budgetary information from a State when necessary for clarification or to make informed preaward determinations. (d) DOE may return an application which does not include all information and documentation required by this subpart, 10 CFR part 600, or the program guidance/solicitation, when the nature of the omission precludes review of the application. | |||
| 10:10:3.0.1.4.16.3.9.5 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.34 Matching contributions or cost-sharing. | DOE | DOE may require (as set forth in the program guidance/solicitation) States to provide either: (a) A matching contribution of at least a specified percentage of the Federal financial assistance award; or (b) A specified share of the total cost of the project for which financial assistance is provided. | ||||
| 10:10:3.0.1.4.16.3.9.6 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.35 Application evaluation. | DOE | [61 FR 35895, July 8, 1996, as amended at 64 FR 46114, Aug. 24, 1999] | (a) DOE staff at the cognizant Regional Office shall perform an initial review of all applications to ensure that the State has provided the information required by this subpart, 10 CFR part 600, and the program guidance/solicitation. (b) DOE shall group, and technically evaluate according to program activity, all applications determined to be complete and satisfactory. (c) DOE shall select evaluators on the basis of their professional qualifications and expertise relating to the particular program activity being evaluated. (1) DOE anticipates that evaluators will primarily be DOE employees; but (2) If DOE uses non-DOE evaluators, DOE shall require them to comply with all applicable DOE rules or directives concerning the use of outside evaluators. | |||
| 10:10:3.0.1.4.16.3.9.7 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.36 Evaluation criteria. | DOE | The evaluation criteria, including program activity-specific criteria, will be set forth in the program guidance/solicitation document. | ||||
| 10:10:3.0.1.4.16.3.9.8 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.37 Selection. | DOE | (a) DOE may make selection of applications for award based on: (1) The findings of the technical evaluations; (2) The priorities of DOE, SEP, and the participating program offices; (3) The availability of funds for the various special project activities; and (4) Any program policy factors set forth in the program guidance/solicitation. (b) The Director, Office of State and Community Programs makes the final selections of projects to be awarded financial assistance. | ||||
| 10:10:3.0.1.4.16.3.9.9 | 10 | Energy | II | D | 420 | PART 420—STATE ENERGY PROGRAM | C | Subpart C—Implementation of Special Projects Financial Assistance | § 420.38 Special projects expenditure prohibitions and limitations. | DOE | [64 FR 46114, Aug. 24, 1999] | (a) Expenditures under the special projects are subject to 10 CFR part 600 and to any prohibitions and limitations required by the DOE programs that are providing the special projects funding. (b) DOE must state any expenditure prohibitions or limitations specific to a particular category of special projects in the annual SEP special projects solicitation/guidance. | |||
| 14:14:4.0.2.9.13.1.24.1 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | A | Subpart A—General | § 420.1 General. | FAA | [Doc. No. FAA-2016-6761, Amdt. No. 420-8, 83 FR 28535, June 20, 2018] | (a) Scope. This part prescribes the information and demonstrations that must be provided to the FAA as part of a license application, the bases for license approval, license terms and conditions, and post-licensing requirements with which a licensee shall comply to remain licensed. Requirements for preparing a license application are contained in part 413 of this subchapter. (b) Equivalent level of safety. Each requirement of this part applies unless the applicant or licensee clearly and convincingly demonstrates that an alternative approach provides an equivalent level of safety to the requirement of this part. | |||
| 14:14:4.0.2.9.13.1.24.2 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | A | Subpart A—General | § 420.3 Applicability. | FAA | [Doc. No. FAA-2007-27390, 73 FR 73782, Dec. 4, 2008] | This part applies to any person seeking a license to operate a launch site or to a person licensed under this part. A person operating a site that only supports amateur rocket activities as defined in 14 CFR 1.1, does not need a license under this part to operate the site. | |||
| 14:14:4.0.2.9.13.1.24.3 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | A | Subpart A—General | § 420.5 Definitions. | FAA | [Doc. No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Amdt. 420-3, 72 FR 17019, Apr. 6, 2007; Amdt. 420-6, 77 FR 55113, Sept. 7, 2012; Doc. No. FAA-2019-0229, Amdt. 420-9, 85 FR 79716, Dec. 10, 2020] | For the purpose of this part. Ballistic coefficient means the weight of an object divided by the quantity product of the coefficient of drag of the object and the area of the object. Compatibility means the chemical property of materials that may be located together without increasing the probability of an accident or, for a given quantity, the magnitude of the effects of such an accident. Debris dispersion radius (D max ) means the estimated maximum distance from a launch point that debris travels given a worst-case launch vehicle failure and flight termination early in flight. For an expendable launch vehicle, flight termination is assumed to occur at 10 seconds into flight. Downrange area means a portion of a flight corridor beginning where a launch area ends and ending 5,000 nautical miles from the launch point, or where the IIP leaves the surface of the Earth, whichever is shorter, for an orbital launch vehicle; and ending with an impact dispersion area for a guided sub-orbital launch vehicle. E,F,G coordinate system means an orthogonal, Earth-fixed, geocentric, right-handed system. The origin of the coordinate system is at the center of an ellipsoidal Earth model. The E-axis is positive directed through the Greenwich meridian. The F-axis is positive directed though 90 degrees east longitude. The EF-plane is coincident with the ellipsoidal Earth model's equatorial plane. The G-axis is normal to the EF-plane and positive directed through the north pole. E,N,U coordinate system means an orthogonal, Earth-fixed, topocentric, right-handed system. The origin of the coordinate system is at a launch point. The E-axis is positive directed east. The N-axis is positive directed north. The EN-plane is tangent to an ellipsoidal Earth model's surface at the origin and perpendicular to the geodetic vertical. The U-axis is normal to the EN-plane and positive directed away from the Earth. Effective casualty area (A c ) means the aggregate casualty area of each piece of debris created by a launch vehicle failur… | |||
| 14:14:4.0.2.9.13.1.24.4 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | A | Subpart A—General | §§ 420.6-420.14 [Reserved] | FAA | |||||
| 14:14:4.0.2.9.13.2.24.1 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.15 Information requirements. | FAA | [Docket No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Doc. No. FAA-2019-0229, Amdt. 420-9, 85 FR 79716, Dec. 10, 2020] | (a) General —(1) Launch site operator. An applicant shall identify the name and address of the applicant, and the name, address, and telephone number of any person to whom inquiries and correspondence should be directed. (2) Launch site. An applicant shall provide the name and location of the proposed launch site and include the following information: (i) A list of downrange equipment; (ii) A description of the layout of the launch site, including launch points; (iii) The types of launch vehicles to be supported at each launch point; (iv) The range of launch azimuths planned from each launch point; and (v) The scheduled operational date. (3) Foreign ownership. Identify foreign ownership of the applicant, as follows: (i) For a sole proprietorship or partnership, all foreign owners or partners; (ii) For a corporation, any foreign ownership interest of 10 percent or more; and (iii) For a joint venture, association, or other entity, any foreign entities participating in the entity. (b) Environmental. The FAA is responsible for complying with the procedures and policies of the National Environmental Policy Act (NEPA) and other applicable environmental laws, regulations, and Executive Orders prior to issuing a launch site license. An applicant must provide the FAA with information needed to comply with such requirements. The FAA will consider and document the potential environmental effects associated with issuing a launch site license. (1) Environmental impact statement or environmental assessment. When directed by the FAA, an applicant must— (i) Prepare an Environmental Assessment with FAA oversight; (ii) Assume financial responsibility for preparation of an Environmental Impact Statement by an FAA-selected and -managed consultant contractor; or (iii) Submit information to support a written re-evaluation of a previously submitted Environmental Assessment or Environmental Impact Statement when requested by the FAA. (2) Categorical exclusion. The FAA may determine that a categorical exclusi… | |||
| 14:14:4.0.2.9.13.2.24.10 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.31 Agreements. | FAA | (a) Except as provided by paragraph (c) of this section, an applicant shall complete an agreement with the local U.S. Coast Guard district to establish procedures for the issuance of a Notice to Mariners prior to a launch and other such measures as the Coast Guard deems necessary to protect public health and safety. (b) Except as provided by paragraph (c) of this section, an applicant shall complete an agreement with the FAA Air Traffic Control (ATC) office having jurisdiction over the airspace through which launches will take place, to establish procedures for the issuance of a Notice to Airmen prior to a launch and for closing of air routes during the launch window and other such measures as the FAA ATC office deems necessary to protect public health and safety. (c) An applicant that plans to operate a launch site located on a federal launch range does not have to comply with section 420.31 if the applicant is using existing federal launch range agreements with the U.S. Coast Guard and the FAA ATC office having jurisdiction over the airspace through which launches will take place. | ||||
| 14:14:4.0.2.9.13.2.24.11 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | §§ 420.32-420.40 [Reserved] | FAA | |||||
| 14:14:4.0.2.9.13.2.24.2 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.17 Bases for issuance of a license. | FAA | (a) The FAA will issue a license under this part when the FAA determines that: (1) The application provides the information required by § 420.15; (2) The FAA has completed an analysis of the environmental impacts associated with the proposed operation of the launch site, in accordance with NEPA, 40 CFR parts 1500-1508, and FAA Order 1050.1D; (3) The launch site location meets the requirements of §§ 420.19, 420.21, 420.23, 420.25, 420.27, and 420.29; (4) The applicant has completed the agreements required by § 420.31; (5) The application demonstrates that the applicant shall satisfy the requirements of §§ 420.53, 420.55, 420.57, 420.59, 420.61 and 420.71; (6) The explosive site plan meets the criteria of §§ 420.63, 420.65, 420.67 and 420.69; and (7) Issuing a license would not jeopardize foreign policy or national security interests of the United States. (b) The FAA advises an applicant, in writing, of any issue arising during an application review that would lead to denial. The applicant may respond in writing, submit additional information, or amend its license application. | ||||
| 14:14:4.0.2.9.13.2.24.3 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.19 Launch site location review—general. | FAA | [Docket No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Docket No. FAA-2014-0418, Amdt. No. 420-7, 81 FR 47026, July 20, 2016] | (a) To gain approval for a launch site location, an applicant shall demonstrate that for each launch point proposed for the launch site, at least one type of expendable or reusable launch vehicle can be flown from the launch point safely. For purposes of the launch site location review: (1) A safe launch must possess a risk level estimated, in accordance with the requirements of this part, not to exceed an expected number of 1 × 10 −4 casualties (E c ) to the collective members of the public exposed to hazards from the flight. (2) Types of launch vehicles include orbital expendable launch vehicles, guided sub-orbital expendable launch vehicles, unguided sub-orbital expendable launch vehicles, and reusable launch vehicles. Orbital expendable launch vehicles are further classified by weight class, based on the weight of payload the launch vehicle can place in a 100-nm orbit, as defined in table 1. (b) If an applicant proposes to have more than one type of launch vehicle flown from a launch point, the applicant shall demonstrate that each type of expendable or reusable launch vehicle planned to be flown from the launch point can be flown from the launch point safely. (c) If an applicant proposes to have more than one weight class of orbital expendable launch vehicles flown from a launch point, the applicant shall demonstrate that the heaviest weight class planned to be flown from the launch point can be flown from the launch point safely. Table 1 of § 420.19—Orbital Expendable Launch Vehicle Classes by Payload Weight (lbs) * 28 degrees inclination orbit from a launch point at 28 degrees latitude. | |||
| 14:14:4.0.2.9.13.2.24.4 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.21 Launch site location review—launch site boundary. | FAA | (a) The distance from any proposed launch point to the closest launch site boundary must be at least as great as the debris dispersion radius of the largest launch vehicle type and weight class proposed for the launch point. (b) For a launch site supporting any expendable launch vehicle, an applicant shall use the largest distance provided by table 2 for the type and weight class of any launch vehicle proposed for the launch point. (c) For a launch site supporting any reusable launch vehicle, an applicant shall determine the debris dispersion radius that represents the maximum distance from a launch point that debris travels given a worst-case launch vehicle failure in the launch area. An applicant must clearly and convincingly demonstrate the validity of its proposed debris dispersion radius. Table 2 of § 420.21—Minimum Distance From Launch Point to Launch Site Boundary (feet) | ||||
| 14:14:4.0.2.9.13.2.24.5 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.23 Launch site location review—flight corridor. | FAA | [Docket No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Docket No. FAA-2014-0418, Amdt. No. 420-7, 81 FR 47026, July 20, 2016; Doc. No. FAA-2016-6761, Amdt. No. 420-8, 83 FR 28535, June 20, 2018] | (a) Guided orbital expendable launch vehicle. For a guided orbital expendable launch vehicle, an applicant shall define a flight corridor that: (1) Encompasses an area that the applicant estimates, in accordance with the requirements of this part, to contain debris with a ballistic coefficient of ≥3 pounds per square foot, from any non-nominal flight of a guided orbital expendable launch vehicle from the launch point to a point 5000 nm downrange, or where the IIP leaves the surface of the Earth, whichever is shorter; (2) Includes an overflight exclusion zone where the public risk criteria of 1 × 10 −4 would be exceeded if one person were present in the open; and (3) Uses one of the methodologies provided in appendix A or B of this part. (b) Guided sub-orbital expendable launch vehicle. For a guided sub-orbital expendable launch vehicle, an applicant shall define a flight corridor that: (1) Encompasses an area that the applicant estimates, in accordance with the requirements of this part, to contain debris with a ballistic coefficient of ≥3 pounds per square foot, from any non-nominal flight of a guided sub-orbital expendable launch vehicle from the launch point to impact with the earth's surface; (2) Includes an impact dispersion area for the launch vehicle's last stage; (3) Includes an overflight exclusion zone where the public risk criteria of 1 × 10 −4 would be exceeded if one person were present in the open; and (4) Uses one of the methodologies provided in appendix A or B to this part. (c) Unguided sub-orbital expendable launch vehicle. (1) For an unguided sub-orbital expendable launch vehicle, an applicant shall define the following using the methodology provided by appendix D of this part: (i) Impact dispersion areas that the applicant estimates, in accordance with the requirements of this part, to contain the impact of launch vehicle stages from nominal flight of an unguided sub-orbital expendable launch vehicle from the launch point to impact with the earth's surface; and (ii) An overf… | |||
| 14:14:4.0.2.9.13.2.24.6 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.25 Launch site location review—risk analysis. | FAA | [Doc. No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Amdt. 420-3, 72 FR 17019, Apr. 6, 2007; Docket No. FAA-2014-0418, Amdt. No. 420-7, 81 FR 47027, July 20, 2016; Doc. No. FAA-2016-6761, Amdt. No. 420-8, 83 FR 28535, June 20, 2018] | (a) If a flight corridor or impact dispersion area defined by § 420.23 contains a populated area, the applicant shall estimate the casualty expectation associated with the flight corridor or impact dispersion area. An applicant shall use the methodology provided in appendix C to this part for guided orbital or suborbital expendable launch vehicles and appendix D for unguided suborbital launch vehicles. (b) For licensed launches, the FAA will not approve the location of the proposed launch point if the estimated expected casualty exceeds 1 × 10 −4 . | |||
| 14:14:4.0.2.9.13.2.24.7 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.27 Launch site location review—information requirements. | FAA | An applicant shall provide the following launch site location review information in its application: (a) A map or maps showing the location of each launch point proposed, and the flight azimuth, IIP, flight corridor, and each impact range and impact dispersion area for each launch point; (b) Each launch vehicle type and any launch vehicle class proposed for each launch point; (c) Trajectory data; (d) Wind data, including each month and any percent wind data used in the analysis; (e) Any launch vehicle apogee used in the analysis; (f) Each populated area located within a flight corridor or impact dispersion area; (g) The estimated casualty expectancy calculated for each populated area within a flight corridor or impact dispersion area; (h) The effective casualty areas used in the analysis; (i) The estimated casualty expectancy for each flight corridor or set of impact dispersion areas; and (j) If populated areas are located within an overflight exclusion zone, a demonstration that there are times when the public is not present or that the applicant has an agreement in place to evacuate the public from the overflight exclusion zone during a launch. | ||||
| 14:14:4.0.2.9.13.2.24.8 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.29 Launch site location review for unproven launch vehicles. | FAA | An applicant for a license to operate a launch site for an unproven launch vehicle shall provide a clear and convincing demonstration that its proposed launch site location provides an equivalent level of safety to that required by this part. | ||||
| 14:14:4.0.2.9.13.2.24.9 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | B | Subpart B—Criteria and Information Requirements for Obtaining a License | § 420.30 Launch site location review for permitted launch vehicles. | FAA | [Doc. No. FAA-2006-24197, 72 FR 17019, Apr. 6, 2007] | If an applicant plans to use its proposed launch site solely for launches conducted under an experimental permit, the FAA will approve a launch site location if the FAA has approved an operating area under part 437 for launches from that site. | |||
| 14:14:4.0.2.9.13.3.24.1 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | C | Subpart C—License Terms and Conditions | § 420.41 License to operate a launch site—general. | FAA | [Doc. No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Amdt. 420-5, 77 FR 20533, Apr. 5, 2012] | (a) A license to operate a launch site authorizes a licensee to operate a launch site in accordance with the representations contained in the licensee's application, with terms and conditions contained in any license order accompanying the license, and subject to the licensee's compliance with 51 U.S.C. Subtitle V, chapter 509 and this chapter. (b) A license to operate a launch site authorizes a licensee to offer its launch site to a launch operator for each launch point for the type and any weight class of launch vehicle identified in the license application and upon which the licensing determination is based. (c) Issuance of a license to operate a launch site does not relieve a licensee of its obligation to comply with any other laws or regulations; nor does it confer any proprietary, property, or exclusive right in the use of airspace or outer space. | |||
| 14:14:4.0.2.9.13.3.24.2 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | C | Subpart C—License Terms and Conditions | § 420.43 Duration. | FAA | A license to operate a launch site remains in effect for five years from the date of issuance unless surrendered, suspended, or revoked before the expiration of the term and is renewable upon application by the licensee. | ||||
| 14:14:4.0.2.9.13.3.24.3 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | C | Subpart C—License Terms and Conditions | § 420.45 Transfer of a license to operate a launch site. | FAA | (a) Only the FAA may transfer a license to operate a launch site. (b) The FAA will transfer a license to an applicant who has submitted an application in accordance with 14 CFR part 413, satisfied the requirements of § 420.15, and obtained each approval required by § 420.17 for a license. (c) The FAA may incorporate by reference any findings made part of the record that supported a prior related licensing determination. | ||||
| 14:14:4.0.2.9.13.3.24.4 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | C | Subpart C—License Terms and Conditions | § 420.47 License modification. | FAA | (a) Upon application or upon its own initiative, the FAA may modify a license to operate a launch site at any time by issuing a license order that adds, removes, or modifies a license term or condition to ensure compliance with the Act and the requirements of this chapter. (b) After a license to operate a launch site has been issued, a licensee shall apply to the FAA for modification of its license if: (1) The licensee proposes to operate the launch site in a manner that is not authorized by the license; or (2) The licensee proposes to operate the launch site in a manner that would make any representation contained in the license application that is material to public health and safety or safety of property no longer accurate and complete. (c) An application to modify a license shall be prepared and submitted in accordance with part 413 of this chapter. The licensee shall indicate any part of its license or license application that would be changed or affected by a proposed modification. (d) The FAA approves a modification request that satisfies the requirements of this part. (e) Upon approval of a license modification, the FAA issues either a written approval to the licensee or a license order modifying the license if a stated term or condition of the license is changed, added, or deleted. A written approval has the full force and effect of a license order and is part of the licensing record. | ||||
| 14:14:4.0.2.9.13.3.24.5 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | C | Subpart C—License Terms and Conditions | § 420.49 Compliance monitoring. | FAA | A licensee shall allow access by and cooperate with federal officers or employees or other individuals authorized by the FAA to observe any activities of the licensee, its customers, its contractors, or subcontractors, associated with licensed operation of the licensee's launch site. | ||||
| 14:14:4.0.2.9.13.4.24.1 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.51 Responsibilities—general. | FAA | [Docket No. FAA-2019-0229, Amdt. 420-9, 85 FR 79716, Dec. 10, 2020] | A licensee must operate its launch site in accordance with the representations in its application. | |||
| 14:14:4.0.2.9.13.4.24.10 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.67 Separation distance requirements for handling incompatible energetic liquids that are co-located. | FAA | [Doc. No. FAA-2011-0105, 77 FR 55115, Sept. 7, 2012] | (a) Separation of energetic liquids and determination of distances. Where incompatible energetic liquids are co-located in a launch or reentry vehicle tank or other vessel, a launch site operator must separate each explosive hazard facility from each other explosive hazard facility, each public area, and each public traffic route in accordance with the minimum separation distance determined under this section for each explosive hazard facility. (b) Quantity. For each explosive hazard facility, a launch site operator must determine the total quantity of all energetic liquids as follows: (1) The quantity of energetic liquid in a launch or reentry vehicle tank is the net weight in pounds of the energetic liquid. The determination of quantity must include any energetic liquid in associated piping to any point where positive means exist for: (i) Interrupting the flow through the pipe; or (ii) Interrupting a reaction in the pipe in the event of a mishap. (2) A launch site operator must convert each energetic liquid's quantity from gallons to pounds using the conversion factors provided by table E-6 of appendix E of this part and the following equation: Pounds of energetic liquid = gallons × density of energetic liquid (pounds per gallon). (c) Determination of separation distances for incompatible energetic liquids. A launch site operator must determine separation distances for incompatible energetic liquids as follows: (1) A launch site operator must use the formulas provided in table E-5 of appendix E of this part, to determine the explosive equivalent in pounds of the combined incompatible energetic liquids; and (2) A launch site operator must then use the explosive equivalent in pounds to determine the minimum separation distance between each explosive hazard facility and all other explosive hazard facilities and each public area and public traffic route as required by tables E-1, E-2 and E-3 of appendix E of this part. Where two explosive hazard facilities contain different quantities, the launch sit… | |||
| 14:14:4.0.2.9.13.4.24.11 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.69 Separation distance requirements for co-location of division 1.1 and 1.3 explosives with liquid propellants. | FAA | [Doc. No. FAA-2011-0105, 77 FR 55115, Sept. 7, 2012] | (a) Separation of energetic liquids and explosives and determination of distances. A launch site operator must separate each explosive hazard facility from each other explosive hazard facility, each public traffic route, and each public area in accordance with the minimum separation distance determined under this section for each explosive hazard facility where division 1.1 and 1.3 explosives are co-located with liquid propellants. A launch site operator must determine each minimum separation distance from an explosive hazard facility where division 1.1 and 1.3 explosives and liquid propellants are to be located together, to each other explosive hazard facility, public traffic route, and public area as described in paragraphs (b) through (e) of this section. (b) Liquid propellants and division 1.1 explosives located together. For liquid propellants and division 1.1 explosives located together, a launch site operator must: (1) Determine the explosive equivalent weight of the liquid propellants by following § 420.67(c); (2) Add the explosive equivalent weight of the liquid propellants and the net explosive weight of division 1.1 explosives to determine the combined net explosive weight; (3) Use the combined net explosive weight to determine the distance to each public area, public traffic route, and each other explosive hazard facility by following tables E-1, E-2, and E-3 of appendix E of this part; and (4) Separate each public area containing any member of the public in the open by a distance equal to −1133.9 + [389 *ln(NEW)], where the net explosive weight is greater than 450 pounds and less than 501,500 pounds. (c) Liquid propellants and division 1.3 explosives located together. For liquid propellants and division 1.3 explosives located together, a launch site operator must separate each explosive hazard facility from each other explosive hazard facility, public area, and public traffic route using either of the following two methods: (1) Method 1. (i) Determine the explosive equivalent weight of… | |||
| 14:14:4.0.2.9.13.4.24.12 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.70 Separation distance measurement requirements. | FAA | [Doc. No. FAA-2011-0105, 77 FR 55116, Sept. 7, 2012] | (a) This section applies to all measurements of distances performed under §§ 420.63 through 420.69. (b) A launch site operator must measure each separation distance along straight lines. For large intervening topographical features such as hills, the launch site operator must measure over or around the feature, whichever is the shorter. (c) A launch site operator must measure each minimum separation distance from the closest hazard source, such as a container, building, segment, or positive cut-off point in piping, in an explosive hazard facility. When measuring, a launch site operator must: (1) For a public traffic route distance, measure from the nearest side of the public traffic route to the closest point of the hazard source; and (2) For an intraline distance, measure from the nearest point of one hazard source to the nearest point of the next hazard source. The minimum separation distance must be the distance for the quantity of energetic liquids or net explosive weight that requires the greater distance. | |||
| 14:14:4.0.2.9.13.4.24.13 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.71 Lightning protection. | FAA | (a) Lightning protection. A licensee shall ensure that the public is not exposed to hazards due to the initiation of explosives by lightning. (1) Elements of a lighting protection system. Unless an explosive hazard facility meets the conditions of paragraph (a)(3) of this section, all explosive hazard facilities shall have a lightning protection system to ensure explosives are not initiated by lightning. A lightning protection system shall meet the requirements of this paragraph and include the following: (i) Air terminal. An air terminal to intentionally attract a lightning strike. (ii) Down conductor. A low impedance path connecting an air terminal to an earth electrode system. (iii) Earth electrode system. An earth electrode system to dissipate the current from a lightning strike to ground. (2) Bonding and surge protection. A lightning protection system must meet the requirements of this paragraph and include the following: (i) Bonding. All metallic bodies shall be bonded to ensure that voltage potentials due to lightning are equal everywhere in the explosive hazard facility. Any fence within six feet of a lightning protection system shall have a bond across each gate and other discontinuations and shall be bonded to the lightning protection system. Railroad tracks that run within six feet of the lightning protection system shall be bonded to the lightning protection system. (ii) Surge protection. A lightning protection system shall include surge protection to reduce transient voltages due to lightning to a harmless level for all metallic power, communication, and instrumentation lines entering an explosive hazard facility. (3) Circumstances where no lightning protection system is required. No lightning protection system is required for an explosive hazard facility when a lightning warning system is available to permit termination of operations and withdrawal of the public to public area distance prior to an electrical storm, or for an explosive hazard facility containing explosives t… | ||||
| 14:14:4.0.2.9.13.4.24.2 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.53 Control of public access. | FAA | (a) A licensee shall prevent unauthorized access to the launch site, and unauthorized, unescorted access to explosive hazard facilities or other hazard areas not otherwise controlled by a launch operator, through the use of security personnel, surveillance systems, physical barriers, or other means approved as part of the licensing process. (b) A licensee shall notify anyone entering the launch site of safety rules and emergency and evacuation procedures prior to that person's entry unless that person has received a briefing on those rules and procedures within the previous year. (c) A licensee shall employ warning signals or alarms to notify any persons at the launch site of any emergency. | ||||
| 14:14:4.0.2.9.13.4.24.3 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.55 Scheduling of launch site operations. | FAA | (a) A licensee shall develop and implement procedures to schedule operations to ensure that each operation carried out by a customer at the launch site does not create the potential for a mishap that could result in harm to the public because of the proximity of the operations, in time or place, to operations of any other customer. A customer includes any launch operator, and any contractor, subcontractor or customer of the launch site operator's customer at the launch site. (b) A licensee shall provide its launch site scheduling requirements to each customer before the customer begins operations at the launch site. | ||||
| 14:14:4.0.2.9.13.4.24.4 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.57 Notifications. | FAA | [Docket No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Doc. No. FAA-2019-0229, Amdt. 420-9, 85 FR 79716, Dec. 10, 2020] | (a) A licensee shall notify each launch operator and any other customer of any limitations on the use of the launch site. A licensee shall also communicate limitations on the use of facilities provided to customers by the launch site operator. (b) A licensee shall maintain its agreement, made in accordance with § 420.31(a), with the local U.S. Coast Guard district. (c) A licensee shall maintain its agreement, made in accordance with § 420.31(b), with the FAA ATC office having jurisdiction over the airspace through which launches will take place. (d) At least 2 days prior to flight of a launch vehicle, unless the Administrator agrees to a different time frame in accordance with § 404.15, the licensee must notify local officials and all owners of land adjacent to the launch site of the flight schedule. | |||
| 14:14:4.0.2.9.13.4.24.5 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.59 Mishap plan. | FAA | [Doc. No. FAA-2019-0229, Amdt. 420-9, 85 FR 79716, Dec. 10, 2020] | (a) General. A licensee must report, respond to, and investigate any event that meets either paragraph (1) or (5) of the definition of “mishap” in § 401.7 of this chapter. A licensee must submit a mishap plan that meets the requirements of § 450.173(b) through (f). (b) Launch mishaps. A launch site operator's mishap plan must also contain procedures for participating in an investigation of a launch mishap for launches launched from the launch site. (c) Other agency procedures. Emergency response and investigation procedures developed in accordance with 29 CFR 1910.119 and 40 CFR part 68 will satisfy the requirements of § 450.173(d) and (e) to the extent that they include the elements required by § 450.173(d) and (e). | |||
| 14:14:4.0.2.9.13.4.24.6 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.61 Records. | FAA | [Docket No. FAA-1999-5833, 65 FR 62861, Oct. 19, 2000, as amended by Doc. No. FAA-2019-0229, Amdt. 420-9, 85 FR 79717, Dec. 10, 2020] | (a) A licensee shall maintain all records, data, and other material needed to verify that its operations are conducted in accordance with representations contained in the licensee's application. A licensee shall retain records for three years. (b) For any event that meets any of paragraph (1), (5), or (8) of the definition of “mishap” in § 401.7 of this chapter, a licensee must preserve all records related to the event. Records must be retained until completion of any Federal investigation and the FAA advises the licensee that the records need not be retained. (c) A licensee shall make available to federal officials for inspection and copying all records required to be maintained under the regulations. | |||
| 14:14:4.0.2.9.13.4.24.7 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.63 Explosive siting. | FAA | [Doc. No. FAA-2011-0105, 77 FR 55113, Sept. 7, 2012] | (a) Except as otherwise provided by paragraph (b) of this section, a licensee must ensure the configuration of the launch site follows its explosive site plan, and the licensee's explosive site plan complies with the requirements of §§ 420.65 through 420.70. The explosive site plan must include: (1) A scaled map that shows the location of all explosive hazard facilities at the launch site and that shows actual and minimal allowable distances between each explosive hazard facility and all other explosive hazard facilities, each public traffic route, and each public area, including the launch site boundary; (2) A list of the maximum quantity of energetic liquids, solid propellants and other explosives to be located at each explosive hazard facility, including explosive class and division; (3) A description of each activity to be conducted at each explosive hazard facility; and (4) An explosive site map using a scale sufficient to show whether distances and structural relationships satisfy the requirements of this part. (b) A licensee operating a launch site located on a federal launch range does not have to comply with the requirements in §§ 420.65 through 420.70 if the licensee complies with the federal launch range's explosive safety requirements. (c) For explosive siting issues not addressed by the requirements of §§ 420.65 through 420.70, a launch site operator must clearly and convincingly demonstrate a level of safety equivalent to that otherwise required by this part. (d) A launch site operator may separate an explosive hazard facility from another explosive hazard facility, public area, or public traffic route by a distance different from one required by this part only if the launch site operator clearly and convincingly demonstrates a level of safety equivalent to that required by this part. | |||
| 14:14:4.0.2.9.13.4.24.8 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.65 Separation distance requirements for handling division 1.1 and 1.3 explosives. | FAA | [Doc. No. FAA-2011-0105, 77 FR 55114, Sept. 7, 2012] | (a) Quantity. For each explosive hazard facility, a launch site operator must determine the total quantity of division 1.1 and 1.3 explosives as follows: (1) A launch site operator must determine the maximum total quantity of division 1.1 and 1.3 explosives by class and division, in accordance with 49 CFR part 173, Subpart C, to be located in each explosive hazard facility where division 1.1 and 1.3 explosives will be handled. (2) When division 1.1 and 1.3 explosives are located in the same explosive hazard facility, the total quantity of explosive must be treated as division 1.1 for determining separation distances; or, a launch site operator may add the net explosive weight of the division 1.3 items to the net explosive weight of division 1.1 items to determine the total quantity of explosives. (b) Separation of division 1.1 and 1.3 explosives and determination of distances. A launch site operator must separate each explosive hazard facility where division 1.1 and 1.3 explosives are handled from all other explosive hazard facilities, all public traffic routes, and each public area, including the launch site boundary, by a distance no less than that provided for each quantity and explosive division in appendix E of this part as follows: (1) For division 1.1 explosives, the launch site operator must use tables E-1, E-2, and E-3 of appendix E of this part to determine the distance to each public area and public traffic route, and to determine each intraline distance. (2) For division 1.3 explosives, the launch site operator must use table E-4 of appendix E of this part to determine the distance to each public area and public traffic route, and to determine each intraline distance. (c) Separation distance by weight and table. A launch site operator must: (1) Employ no less than the public area distance, calculated under paragraph (b) of this section, to separate an explosive hazard facility from each public area, including the launch site boundary. (2) Employ no less than an intraline distance to sepa… | |||
| 14:14:4.0.2.9.13.4.24.9 | 14 | Aeronautics and Space | III | C | 420 | PART 420—LICENSE TO OPERATE A LAUNCH SITE | D | Subpart D—Responsibilities of a Licensee | § 420.66 Separation distance requirements for storage of hydrogen peroxide, hydrazine, and liquid hydrogen and any incompatible energetic liquids stored within an intraline distance. | FAA | [Doc. No. FAA-2011-0105, 77 FR 55114, Sept. 7, 2012] | (a) Separation of energetic liquids and determination of distances. A launch site operator must separate each explosive hazard facility from each other explosive hazard facility, each public area, and each public traffic route in accordance with the minimum separation distance determined under this section for each explosive hazard facility storing: (1) Hydrogen peroxide in concentrations of greater than 91 percent; (2) Hydrazine; (3) Liquid hydrogen; or (4) Any energetic liquid that is: (i) Incompatible with any of the energetic liquids of paragraph (a)(1) through (3) of this section; and (ii) Stored within an intraline distance of any of them. (b) Quantity. For each explosive hazard facility, a launch site operator must determine the total quantity of all energetic liquids in paragraph (a)(1) through (4) of this section as follows: (1) The quantity of energetic liquid in a tank, drum, cylinder, or other container is the net weight in pounds of the energetic liquid in the container. The determination of quantity must include any energetic liquid in associated piping to any point where positive means exist for: (i) Interrupting the flow through the pipe, or (ii) Interrupting a reaction in the pipe in the event of a mishap. (2) A launch site operator must convert the quantity of each energetic liquid from gallons to pounds using the conversion factors provided in table E-6 of appendix E of this part and the following equation: Pounds of energetic liquid = gallons × density of energetic liquid (pounds per gallon). (3) Where two or more containers of compatible energetic liquids are stored in the same explosive hazard facility, the total quantity of energetic liquids is the total quantity of energetic liquids in all containers, unless: (i) The containers are each separated from each other by the distance required by paragraph (c) of this section; or (ii) The containers are subdivided by intervening barriers that prevent mixing, such as diking. (4) Where two or more containers of incompatible ener… | |||
| 17:17:5.0.2.1.7.0.43.1 | 17 | Commodity and Securities Exchanges | IV | A | 420 | PART 420—LARGE POSITION REPORTING | § 420.1 Applicability. | SEC | (a) This part is applicable to all persons that participate in the government securities market, including, but not limited to: Government securities brokers and dealers, depository institutions that exercise investment discretion, registered investment companies, registered investment advisers, pension funds, hedge funds, and insurance companies that may control a position in a recently-issued marketable Treasury bill, note, or bond as those terms are defined in § 420.2. (b) Notwithstanding paragraph (a) of this section, Treasury requests that central banks (including U.S. Federal Reserve Banks for their own account), foreign governments, and international monetary authorities voluntarily submit large position reports when they meet or exceed a reporting threshold. | ||||||
| 17:17:5.0.2.1.7.0.43.2 | 17 | Commodity and Securities Exchanges | IV | A | 420 | PART 420—LARGE POSITION REPORTING | § 420.2 Definitions. | SEC | For the purposes of this part: Aggregating entity means a single entity ( e.g., a parent company, affiliate, or organizational component) that is combined with other entities, as specified in the definition of “reporting entity” of this section, to form a reporting entity. In those cases where an entity has no affiliates, the aggregating entity is the same as the reporting entity. Control means having the authority to exercise investment discretion over the purchase, sale, retention, or financing of specific Treasury securities. Large position threshold means the minimum dollar par amount of the specified Treasury security that a reporting entity must control in order for the entity to be required to submit a large position report. It also means the minimum number of futures, options on futures, and exchange-traded options contracts for which the specified Treasury security is deliverable that the reporting entity must control in order for the entity to be required to submit a large position report. Treasury will announce the large position thresholds, which may vary with each notice of request to report large position information and with each specified Treasury security. Treasury may announce different thresholds for certain reporting criteria. Under no circumstances will a large position threshold be less than 10 percent of the amount outstanding of the specified Treasury security. Recently-issued means: (1) With respect to Treasury securities that are issued quarterly or more frequently, the three most recent issues of the security. (2) With respect to Treasury securities that are issued less frequently than quarterly, the two most recent issues of the security. (3) With respect to a reopened security, the entire issue of a reopened security (older and newer portions) based on the date the new portion of the reopened security is issued by Treasury (or for when-issued securities, the scheduled issue date). (4) For all Treasury securities, a security announced to be issued or auctioned but unissued… | ||||||
| 17:17:5.0.2.1.7.0.43.3 | 17 | Commodity and Securities Exchanges | IV | A | 420 | PART 420—LARGE POSITION REPORTING | § 420.3 Reporting. | SEC | [79 FR 73414, Dec. 10, 2014, as amended at 83 FR 52768, Oct. 18, 2018] | (a) A reporting entity must file a large position report if it meets the reporting requirement as defined in § 420.2. Treasury will provide notice of the large position thresholds by issuing a public announcement and subsequently publishing the notice in the Federal Register. Such notice will identify the Treasury security issue(s) to be reported (including, where applicable, identifying the related STRIPS principal component); the date or dates for which the large position information must be reported; and the large position thresholds for that issue. A reporting entity is responsible for taking reasonable actions to be aware of such a notice. (b) A reporting entity shall select one entity from among its aggregating entities ( i.e., the designated filing entity) as the entity designated to compile and file a report on behalf of the reporting entity. The designated filing entity shall be responsible for filing any large position reports in response to a notice issued by Treasury and for maintaining the additional records prescribed in § 420.4. (c)(1) In response to a notice issued under paragraph (a) of this section requesting large position information, a reporting entity that controls an amount of the specified Treasury security that equals or exceeds one of the specified large position thresholds stated in the notice shall compile and report the amounts of the reporting entity's positions in the order specified, as follows: (i) Part I. Positions in the Security Being Reported as of the Opening of Business on the Report Date, including positions: (A) In book-entry accounts of the reporting entity; (B) As collateral against borrowings of funds on general collateral finance repurchase agreements; (C) As collateral against borrowings of funds on tri-party repurchase agreements; (D) As collateral or margin to secure other contractual obligations of the reporting entity; and (E) Otherwise available to the reporting entity. (ii) Part II. Settlement Obligations Attributable to Outright Purchase and Sal… | |||||
| 17:17:5.0.2.1.7.0.43.4 | 17 | Commodity and Securities Exchanges | IV | A | 420 | PART 420—LARGE POSITION REPORTING | § 420.4 Recordkeeping. | SEC | (a) Recordkeeping responsibility of aggregating entities. Notwithstanding the provisions of paragraphs (b) and (c) of this section, an aggregating entity that controls a portion of its reporting entity's position in a recently-issued Treasury security, when such position of the reporting entity equals or exceeds $2 billion, shall be responsible for making and maintaining the records prescribed in this section. (b) Records to be made and preserved by entities that are subject to the recordkeeping provisions of the SEC, Treasury, or the appropriate regulatory agencies for financial institutions. As an aggregating entity, compliance by a registered broker or dealer, registered government securities broker or dealer, noticed financial institution, depository institution that exercises investment discretion, registered investment adviser, or registered investment company with the applicable recordkeeping provisions of the SEC, Treasury, or the appropriate regulatory agencies for financial institutions shall constitute compliance with this section, provided that, if such entity is also the designated filing entity, it: (1) Makes and keeps copies of all large position reports filed pursuant to this part; (2) Makes and keeps supporting documents or schedules used to compute data for the large position reports filed pursuant to this part, including any certifications or schedules it receives from aggregating entities pertaining to their holdings of the reporting entity's position; (3) Makes and keeps a chart showing the organizational entities that are aggregated (if applicable) in determining the reporting entity's position; and (4) With respect to recordkeeping preservation requirements that contain more than one retention period, preserves records required by paragraphs (b)(1) through (3) of this section for the longest record retention period of applicable recordkeeping provisions. (c) Records to be made and preserved by other entities. (1) An aggregating entity that is not subject to the provisions of par… | ||||||
| 17:17:5.0.2.1.7.0.43.5 | 17 | Commodity and Securities Exchanges | IV | A | 420 | PART 420—LARGE POSITION REPORTING | § 420.5 Applicability date. | SEC | The provisions of this part shall be first applicable beginning March 31, 1997. | ||||||
| 40:40:31.0.1.1.20.0.3.1 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.01 Applicability. | EPA | [47 FR 23284, May 27, 1982, as amended at 47 FR 41739, Sept. 22, 1982] | (a) The provisions of this part apply to discharges and to the introduction of pollutants into a publicly owned treatment works resulting from production operations in the Iron and Steel Point Source Category. (b) Central Treatment Facilities. (1) The following central treatment facilities presently discharging through the specified outfall are temporarily excluded from the provisions of this part, provided, the owner or operator of the facility requests the Agency to consider establishing alternative effluent limitations and provides the Agency with the information set out in paragraph (b)(2) of this section, on or before July 26, 1982. 1 The request for alternative effluent limitations for these plants are for indirect discharges to POTWs (2) The information to be submitted with the request for consideration of alternative effluent limitations is to include: (i) A schematic diagram of the existing wastewater treatment facility showing each source of wastewater, cooling water, and other waters entering the treatment facility; discharge and recycle flow rates for each water source and each major treatment component; (ii) Existing monitoring data relating to discharges to and from the central treatment facility including pollutant concentrations, flows and mass loadings; As a minimum, monitoring data should be provided for a six month period of normal operation of the production and treatment facilities. The complete data as well as a data summary including the maximum, minimum, and mean gross discharge loadings and the standard deviation of the discharge loadings for each monitored pollutant should be provided. Any supplemental monitoring data for toxic pollutants should also be provided. (iii) A scale map of the area of the plant served by the wastewater treatment facility, including the treatment facility and water supply and discharge points; (iv) An estimate of the least costly investment required to meet the generally applicable limitations or standards for the facility and a description of such … | |||||
| 40:40:31.0.1.1.20.0.3.2 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.02 General definitions. | EPA | [47 FR 23284, May 27, 1982, as amended at 67 FR 64260, Oct. 17, 2002] | In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part: (a) The term TSS (or total suspended solids, or total suspended residue) means the value obtained by the method specified in 40 CFR 136.3. (b) The term oil and grease (or O&G) means the value obtained by the method specified in 40 CFR 136.3. (c) The term ammonia-N (or ammonia-nitrogen) means the value obtained by manual distillation (at pH 9.5) followed by the Nesslerization method specified in 40 CFR 136.3. (d) The term cyanide means total cyanide and is determined by the method specified in 40 CFR 136.3. (e) The term phenols 4AAP (or phenolic compounds) means the value obtained by the method specified in 40 CFR 136.3. (f) The term TRC (or total residual chlorine) means the value obtained by the iodometric titration with an amperometric endpoint method specified in 40 CFR 136.3. (g) The term chromium means total chromium and is determined by the method specified in 40 CFR 136.3. (h) The term hexavalent chromium (or chromium VI) means the value obtained by the method specified in 40 CFR 136.3. (i) The term copper means total copper and is determined by the method specified in 40 CFR 136.3. (j) The term lead means total lead and is determined by the method specified in 40 CFR 136.3. (k) The term nickel means total nickel and is determined by the method specified in 40 CFR 136.3. (l) The term zinc means total zinc and is determined by the method specified in 40 CFR 136.3. (m) The term benzene (or priority pollutant No. 4) means the value obtained by the standard method Number 602 specified in 44 FR 69464, 69570 (December 3, 1979). (n) The term benzo(a)pyrene (or priority pollutant No. 73) means the value obtained by the standard method Number 610 specified in 44 FR 69464, 69570 (December 3, 1979). (o) The term naphthalene (or priority pollutant No. 55) means the value obtained by the standard method Number 610 specified in 44 FR 69464, 69571 (December 3, 1979). (p)… | |||||
| 40:40:31.0.1.1.20.0.3.3 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.03 Alternative effluent limitations representing the degree of effluent reduction attainable by the application of best practicable control technology currently available, best available technology economically achievable, best available demonstrated control technology, and best conventional pollutant control technology (the “water bubble”). | EPA | [67 FR 64261, Oct. 17, 2002, as amended at 70 FR 73623, Dec. 13, 2005] | (a) Except as provided in paragraphs (c) through (f) of this section, any existing or new direct discharging point source subject to this part may qualify for alternative effluent limitations to those specified in subparts A through M of this part, representing the degree of effluent reduction attainable by the application of best practicable control technology currently available (BPT), best available technology economically achievable (BAT), best conventional pollutant control technology (BCT), and best available demonstrated control technology (NSPS). The alternative effluent limitations for each pollutant are determined for a combination of outfalls by totaling the mass limitations allowed under subparts A through M of this part for each pollutant. (b) The water bubble may be used to calculate alternative effluent limitations only for identical pollutants (e.g., lead for lead, not lead for zinc). (c) [Reserved] (d) A discharger cannot qualify for alternative effluent limitations if the application of such alternative effluent limitations would cause or contribute to an exceedance of any applicable water quality standards. (e) Each outfall from which process wastewaters are discharged must have specific, fixed effluent limitations for each pollutant limited by the applicable subparts A through M of this part. (f) Subcategory-specific restrictions: (1) There shall be no alternate effluent limitations for cokemaking process wastewater unless the alternative limitations are more stringent than the limitations in subpart A of this part. (2) There shall be no alternate effluent limitations for 2,3,7,8-TCDF in sintering process wastewater. (3) There shall be no alternate effluent limitations for O&G in sintering process wastewater unless the alternative limitations are more stringent than the otherwise applicable limitations in subpart B of this part. | |||||
| 40:40:31.0.1.1.20.0.3.4 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.04 Calculation of pretreatment standards. | EPA | [49 FR 21029, May 17, 1984; 49 FR 24726, June 15, 1984; 49 FR 25634, June 22, 1984] | (a) Pretreatment standards shall be calculated for each operation using the applicable average rate of production reported by the owner or operator of the facility to the Control Authority in accordance with 40 CFR 403.12(b)(3). (b) The average rate of production reported by the owner or operator in accordance with 40 CFR 403.12(b)(3) shall be based not upon the design production capacity but rather upon a reasonable measure of actual production of the facility, such as the production during the high month of the previous year, or the monthly average for the highest of the previous 5 years. For new sources or new dischargers, actual production shall be estimated using projected production. (c) If, due to a change of circumstances, the average rate of production for an operation reported by the owner or operator of the facility to the Control Authority in accordance with 40 CFR 403.12(b)(3) does not represent a reasonable measure of actual production of that operation, the owner or operator must submit to the Control Authority a modified average rate of production. | |||||
| 40:40:31.0.1.1.20.0.3.5 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.05 Pretreatment standards compliance date. | EPA | [48 FR 46943, Oct. 14, 1983] | The final compliance date for the categorical pretreatment standards set forth in 40 CFR part 420 is July 10, 1985. | |||||
| 40:40:31.0.1.1.20.0.3.6 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.06 Removal credits for phenols (4AAP). | EPA | [49 FR 21029, May 17, 1984] | Removal allowances pursuant to 40 CFR 403.7(a)(1) may be granted for phenols (4AAP) limited in 40 CFR part 420 when used as an indicator or surrogate pollutant. | |||||
| 40:40:31.0.1.1.20.0.3.7 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.07 Effluent limitations guidelines and standards for pH. | EPA | [67 FR 64261, Oct. 17, 2002] | (a) The pH level in process wastewaters subject to a subpart within this part shall be within the range of 6.0 to 9.0. (b) The pH level shall be monitored at the point of discharge to the receiving water or at the point at which the wastewater leaves the wastewater treatment facility operated to treat effluent subject to that subpart. | |||||
| 40:40:31.0.1.1.20.0.3.8 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | § 420.08 Non-process wastewater and storm water. | EPA | [67 FR 64261, Oct. 17, 2002] | Permit and pretreatment control authorities may provide for increased loadings for non-process wastewaters defined at § 420.02 and for storm water from the immediate process area in NPDES permits and pretreatment control mechanisms using best professional judgment, but only to the extent such non-process wastewaters result in an increased flow. | |||||
| 40:40:31.0.1.1.20.1.4.1 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.10 Applicability. | EPA | [67 FR 64261, Oct. 17, 2002] | The provisions of this subpart are applicable to discharges and the introduction of pollutants into publicly owned treatment works resulting from by-product and other cokemaking operations. | |||
| 40:40:31.0.1.1.20.1.4.2 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.11 Specialized definitions. | EPA | [67 FR 64261, Oct. 17, 2002] | (a) For the cokemaking subcategory, the term product means the production of coke plus coke breeze. (b) The term by-product cokemaking means operations in which coal is heated in the absence of air to produce metallurgical coke (furnace coke and foundry coke), and the recovery of by-products derived from the gases and liquids that are driven from the coal during cokemaking. (c) The term cokemaking—non-recovery means cokemaking operations for production of metallurgical coke (furnace coke and foundry coke) without recovery of by-products. Does not include co-generation facilities located at non-recovery coke facilities. (d) The term coke means a processed form of coal that serves as the basic fuel for the smelting of iron ore. (1) The term foundry coke means coke produced for foundry operations. (2) The term furnace coke means coke produced for blast furnace operations (e) The term merchant coke plant means by-product cokemaking operations that provide more than fifty percent of the coke produced to operations, industries, or processes other than ironmaking blast furnaces associated with steel production. (f) The term iron and steel coke plant means by-product cokemaking operations other than those at merchant coke plants. (g) The term coke oven gas wet desulfurization system means those systems that remove sulfur and sulfur compounds from coke oven gas and generate process wastewater. (h) The term coke breeze means fine coke particles. (i) The term indirect ammonia recovery system means those systems that recover ammonium hydroxide as a by-product from coke oven gases and waste ammonia liquors. (j) The term iron and steel means those by-product cokemaking operations other than merchant cokemaking operations. (k) The term merchant means those by-product cokemaking operations that provide more than fifty percent of the coke produced to operations, industries, or processes other than ironmaking blast furnaces associated with steel production. (l) The term O&G (as HEM) means t… | |||
| 40:40:31.0.1.1.20.1.4.3 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.12 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). | EPA | [47 FR 23284, May 27, 1982, as amended at 67 FR 64262, Oct. 17, 2002] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. (a) By-product cokemaking—iron and steel. Subpart A 1 Within the range of 6.0 to 9.0. (1) Increased loadings, not to exceed 11 percent of the above limitations, are allowed for by-product coke plants which have wet desulfurization systems but only to the extent such systems generate an increased effluent volume. (2) Increased loadings, not to exceed 27 percent of the above limitations, are allowed for by-product coke plants which include indirect ammonia recovery systems but only to the extent that such systems generate an increased effluent volume. (b) By-product cokemaking—merchant. Subpart A 1 Within the range of 6.0 to 9.0. (1) Increased loadings, not to exceed 10 percent of the above limitations, are allowed for by-product coke plants which have wet desulfurization systems but only to the extent such systems generate an increased effluent volume. (2) Increased loadings, not to exceed 25 percent of the above limitations, are allowed for by-product coke plants which include indirect ammonia recovery systems but only to the extent that such systems generate an increased effluent volume. (c) Cokemaking—non-recovery. Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this segment must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process wastewater pollutants to waters of the U.S. | |||
| 40:40:31.0.1.1.20.1.4.4 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.13 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). | EPA | [67 FR 64262, Oct. 17, 2002] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): (a) By-product cokemaking. Subpart A—Effluent Limitations (BAT) 1 Pounds per thousand lb of product. (1) Increased loadings, not to exceed 13.3 per cent of the above limitations, shall be provided for process wastewaters from coke oven gas wet desulfurization systems, but only to the extent such systems generate process wastewaters. (2) Increased loadings shall be provided for process wastewaters from other wet air pollution control systems (except those from coal charging and coke pushing emission controls), coal tar processing operations and coke plant groundwater remediation systems, but only to the extent such systems generate process wastewaters and those wastewaters are co-treated with process wastewaters from by-product cokemaking wastewaters. (3) Increased loadings, not to exceed 44.2 percent of the above limitations, shall be provided for water used for the optimization of coke plant biological treatment systems. (b) Cokemaking—non-recovery. There shall be no discharge of process wastewater pollutants to waters of the U.S. | |||
| 40:40:31.0.1.1.20.1.4.5 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.14 New source performance standards (NSPS). | EPA | [67 FR 64262, Oct. 17, 2002, as amended at 70 FR 73623, Dec. 13, 2005] | New sources subject to this subpart must achieve the following new source performance standards (NSPS), as applicable. (a) By-product cokemaking. (1) Any new source subject to the provisions of this section that commenced discharging after November 18, 1992, and before November 18, 2002, must continue to achieve the standards specified in § 420.14 of title 40 of the Code of Federal Regulations, revised as of July 1, 2001, except as provided below. For toxic and nonconventional pollutants, those standards shall apply until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1); thereafter, the source must achieve the effluent limitations specified in § 420.13(a). (2) The following standards apply with respect to each new source that commences construction after November 18, 2002: Subpart A—New Source Performance Standards (NSPS) 1 Pounds per thousand lb of product. 2 Within the range of 6.0 to 9.0. (A) Increased loadings, not to exceed 13.3 per cent of the above limitations, shall be provided for process wastewaters from coke oven gas wet desulfurization systems, but only to the extent such systems generate process wastewaters. (B) Increased loadings shall be provided for process wastewaters from other wet air pollution control systems (except those from coal charging and coke pushing emission controls), coal tar processing operations and coke plant groundwater remediation systems, but only to the extent such systems generate process wastewaters and those wastewaters are co-treated with process wastewaters from by-product cokemaking wastewaters. (C) Increased loadings, not to exceed 44.2 percent of the above limitations, shall be provided for water used for the optimization of coke plant biological treatment systems. (b) Cokemaking—non-recovery. There shall be no discharge of process wastewater pollutants to waters of the U.S. | |||
| 40:40:31.0.1.1.20.1.4.6 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.15 Pretreatment standards for existing sources (PSES). | EPA | [67 FR 64263, Oct. 17, 2002] | Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the following pretreatment standards for existing sources (PSES): (a) By-product cokemaking. Subpart A—Pretreatment Standards for Existing Sources (PSES) 1 Pounds per thousand lb of product. 2 The pretreatment standards for ammonia are not applicable to sources that discharge to a POTW with nitrification capability (defined at § 420.02(s)). (1) Increased loadings, not to exceed 13.3 per cent of the above limitations, shall be provided for process wastewaters from wet coke oven gas desulfurization systems, but only to the extent such systems generate process wastewaters. (2) Increased loadings shall be provided for process wastewaters from other wet air pollution control systems (except those from coal charging and coke pushing emission controls), coal tar processing operations and coke plant groundwater remediation systems, but only to the extent such systems generate process wastewaters and those wastewaters are co-treated with process wastewaters from by-product cokemaking wastewaters. (3) Increased loadings, not to exceed 44.2 percent of the above limitations, shall be provided for water used for the optimization of coke plant biological treatment systems. (b) Cokemaking—non-recovery. There shall be no discharge of process wastewater pollutants to POTWs. | |||
| 40:40:31.0.1.1.20.1.4.7 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.16 Pretreatment standards for new sources (PSNS). | EPA | [67 FR 64263, Oct. 17, 2002, as amended at 70 FR 73623, Dec. 13, 2005] | Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the following pretreatment standards for new sources (PSNS), as applicable. (a) By-product cokemaking. (1) Any new source subject to the provisions of this section that commenced discharging after November 18, 1992 and before November 18, 2002 must continue to achieve the standards specified in § 420.16 of title 40 of the Code of Federal Regulations, revised as of July 1, 2001, (except for the standards for phenols 4AAP) for ten years beginning on the date the source commenced discharge or during the period of depreciation or amortization of the facility, whichever comes first, after which the source must achieve the standards specified in § 420.15(a). (2) Except as provided in 40 CFR 403.7, the following standards apply with respect to each new source that commences construction after November 18, 2002: Subpart A—Pretreatment Standards for New Sources (PSNS) 1 Pounds per thousand lb of product. 2 The pretreatment standards for ammonia are not applicable to sources that discharge to a POTW with nitrification capability (defined at § 420.02(s)). (A) Increased loadings, not to exceed 13.3 percent of the above limitations, shall be provided for process wastewaters from coke oven gas wet desulfurization systems, but only to the extent such systems generate process wastewaters. (B) Increased loadings shall be provided for process wastewaters from other wet air pollution control systems (except those from coal charging and coke pushing emission controls), coal tar processing operations and coke plant groundwater remediation systems, but only to the extent such systems generate process wastewaters and those wastewaters are co-treated with process wastewaters from by-product cokemaking wastewaters. (C) Increased loadings, not to exceed 44.2 percent of the above limitations, shall be provided for water used for the optimiza… | |||
| 40:40:31.0.1.1.20.1.4.8 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.17 Effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional technology (BCT). | EPA | [47 FR 23284, May 27, 1982, as amended at 67 FR 64264, Oct. 17, 2002] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional technology. (a) By-product cokemaking—iron and steel. Subpart A 1 Within the range of 6.0 to 9.0. (1) Increased loadings, not to exceed 11 percent of the above limitations, are allowed for by-product coke plants which have wet desulfurization systems but only to the extent such systems generate an increased effluent volume. (2) Increased loadings, not to exceed 27 percent of the above limitations, are allowed for by-product coke plants which include indirect ammonia recovery systems but only to the extent that such systems generate an increased effluent volume. (b) By-product cokemaking—merchant. Subpart A 1 Within the range of 6.0 to 9.0. (1) Increased loadings, not to exceed 10 percent of the above limitations, are allowed for by-product coke plants which have wet desulfurization systems but only to the extent such systems generate an increased effluent volume. (2) Increased loadings, not to exceed 25 percent of the above limitations, are allowed for by-product coke plants which include indirect ammonia recovery systems but only to the extent that such systems generate an increased effluent volume. (c) Cokemaking—non-recovery. Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this segment must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): There shall be no discharge of process wastewater pollutants to waters of the U.S. | |||
| 40:40:31.0.1.1.20.1.4.9 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Cokemaking Subcategory | § 420.18 Pretreatment standards compliance dates. | EPA | [67 FR 64264, Oct. 17, 2002] | Compliance with the pretreatment standards for existing sources set forth in § 420.15 of this subpart is required not later than October 17, 2005 whether or not the pretreatment authority issues or amends a pretreatment permit requiring such compliance. Until that date, the pretreatment standards for existing sources set forth in Subpart A of title 40 of the Code of Federal Regulations, revised as of July 1, 2001, shall continue to apply. | |||
| 40:40:31.0.1.1.20.10.4.1 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.100 Applicability; description of the cold forming subcategory. | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21034, May 17, 1984] | (a) The provisions of this subpart are applicable to discharges and to the introduction of pollutants into publicly owned treatment works from cold rolling and cold working pipe and tube operations in which unheated steel is passed through rolls or otherwise processed to reduce its thickness, to produce a smooth surface, or to develop controlled mechanical properties in the steel. (b) The limitations and standards set out below for cold worked pipe and tube operations shall be applicable only where cold worked pipe and tube wastewaters are discharged at steel plant sites. No limitations are applicable or allowable where these wastewaters are hauled off-site for disposal or are otherwise not discharged at steel plant sites. The limitations and standards set out below for cold worked pipe and tube operations shall be applicable only to the blowdown of soluble oil or water solutions used in cold worked pipe and tube forming operations. Limitations for other wastewater sources from these operations must be established on a site-specific basis. | |||
| 40:40:31.0.1.1.20.10.4.2 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.101 Specialized definitions. | EPA | (a) The term recirculation means those cold rolling operations which include recirculation of rolling solutions at all mill stands. (b) The term combination means those cold rolling operations which include recirculation of rolling solutions at one or more mill stands, and once-through use of rolling solutions at the remaining stand or stands. (c) The term direct application means those cold rolling operations which include once-through use of rolling solutions at all mill stands. (d) The term single stand means those recirculation or direct application cold rolling mills which include only one stand of work rolls. (e) The term multiple stands means those recirculation or direct application cold rolling mills which include more than one stand of work rolls. (f) The term cold worked pipe and tube means those cold forming operations that process unheated pipe and tube products using either water or oil solutions for cooling and lubrication. | ||||
| 40:40:31.0.1.1.20.10.4.3 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.102 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21034, May 17, 1984; 49 FR 24726, June 15, 1984] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. (a) Cold rolling mills —(1) Recirculation—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (2) Recirculation—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (3) Combination. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are cotreated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (4) Direct application—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (5) Direct application—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (b) Cold worked pipe and tube —(1) Using water. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (2) Using oil solutions. Subpart J … | |||
| 40:40:31.0.1.1.20.10.4.4 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.103 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21035, May 17, 1984] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. (a) Cold rolling mills —(1) Recirculation—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (2) Recirculation—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (3) Combination. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are cotreated with descaling or combination acid pickling wastewaters. (4) Direct application—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (5) Direct application—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (b) Cold worked pipe and tube —(1) Using water. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewaters. (2) Using oil solutions. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewaters. | |||
| 40:40:31.0.1.1.20.10.4.5 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.104 New source performance standards (NSPS). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21035, May 17, 1984; 49 FR 24726, June 15, 1984] | The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below. (a) Cold rolling mills —(1) Recirculation—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are cotreated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (2) Recirculation—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (3) Combination. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastwaters are treated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (4) Direct application—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling watewaters. 2 Within the range of 6.0 to 9.0. (5) Direct application—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling watewaters. 2 Within the range of 6.0 to 9.0. (b) Cold worked pipe and tube mills —(1) Using water. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are cotreated with descaling or combination acid pickling wastewaters. 2 Within the range of 6.0 to 9.0. (2) Using oil solutions. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are cotreated with descali… | |||
| 40:40:31.0.1.1.20.10.4.6 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.105 Pretreatment standards for existing sources (PSES). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21035, May 17, 1984] | Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. (a) Cold rolling —(1) Recirculation—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (2) Recirculation—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (3) Combination. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (4) Direct application—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (5) Direct application—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (b) Cold worked pipe and tube mills —(1) Using water. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewaters. (2) Using oil solutions. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewaters. | |||
| 40:40:31.0.1.1.20.10.4.7 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.106 Pretreatment standards for new sources (PSNS). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21035, May 17, 1984] | Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. (a) Cold rolling —(1) Recirculation—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (2) Recirculation—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (3) Combination. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (4) Direct application—single stand. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (5) Direct application—multiple stands. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold rolling wastewaters are treated with descaling or combination acid pickling wastewaters. (b) Cold worked pipe and tube mills —(1) Using water. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewaters. (2) Using oil solutions. Subpart J 1 The limitations for chromium and nickel shall be applicable in lieu of those for lead and zinc when cold forming wastewaters are treated with descaling or combination acid pickling wastewasters. | |||
| 40:40:31.0.1.1.20.10.4.8 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Cold Forming Subcategory | § 420.107 Effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional technology (BCT). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21035, May 17, 1984] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional technology. (a) Cold rolling mills —(1) Recirculation—single stand. Subpart J 1 Within the range of 6.0 to 9.0. (2) Recirculation—multiple stands. Subpart J 1 Within the range of 6.0 to 9.0. (3) Combination. Subpart J 1 Within the range of 6.0 to 9.0. (4) Direct application—single stand. Subpart J 1 Within the range of 6.0 to 9.0. (5) Direct application—multiple stands. Subpart J 1 Within the range of 6.0 to 9.0. (b) Cold worked pipe and tube —(1) Using water. Subpart J 1 Within the range of 6.0 to 9.0 (2) Using oil solutions. Subpart J 1 Within the range of 6.0 to 9.0 | |||
| 40:40:31.0.1.1.20.11.4.1 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.110 Applicability; description of the alkaline cleaning subcategory. | EPA | The provisions of this subpart are applicable to discharges and to the introduction of pollutants into publicly owned treatment works resulting from operations in which steel and steel products are immersed in alkaline cleaning baths to remove mineral and animal fats or oils from the steel, and those rinsing operations which follow such immersion. | ||||
| 40:40:31.0.1.1.20.11.4.2 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.111 Specialized definitions. | EPA | (a) The term batch means those alkaline cleaning operations which process steel products such as coiled wire, rods, and tubes in discrete batches or bundles. (b) The term continuous means those alkaline cleaning operations which process steel products other than in discrete batches or bundles. | ||||
| 40:40:31.0.1.1.20.11.4.3 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.112 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). | EPA | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. (a) Batch. Subpart K 1 Within the range of 6.0 to 9.0. (b) Continuous. Subpart K 1 Within the range of 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.20.11.4.4 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.113 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). | EPA | The Agency has determined that there are not significant quantities of toxic pollutants in alkaline cleaning wastewaters after compliance with applicable BPT limitations. Accordingly, since the BPT level of treatment provides adequate control, the Agency is not promulgating more stringent BAT limitations. | ||||
| 40:40:31.0.1.1.20.11.4.5 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.114 New source performance standards (NSPS). | EPA | The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below. (a) Batch and continuous. Subpart K 1 Within the range of 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.20.11.4.6 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.115 Pretreatment standards for existing sources (PSES). | EPA | Any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | ||||
| 40:40:31.0.1.1.20.11.4.7 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.116 Pretreatment standards for new sources (PSNS). | EPA | Any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | ||||
| 40:40:31.0.1.1.20.11.4.8 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | K | Subpart K—Alkaline Cleaning Subcategory | § 420.117 Effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional technology (BCT). | EPA | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional technology. (a) Batch. Subpart K 1 Within the range of 6.0 to 9.0. (b) Continuous. Subpart K 1 Within the range of 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.20.12.4.1 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | L | Subpart L—Hot Coating Subcategory | § 420.120 Applicability; description of the hot coating subcategory. | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21036, May 17, 1984] | (a) The provisions of this subpart are applicable to discharges and to the introduction of pollutants into publicly owned treatment works resulting from the operations in which steel is coated with zinc, terne metal, or other metals by the hot dip process, and those rinsing operations associated with that process. (b) The BPT and BAT limitations for zinc set out below are not applicable to hot coating operations with wastewater treatment facilities achieving, during periods of normal production, zinc discharge levels more stringent than those BPT and BAT limitations. For such operations, the BPT and BAT limitations for zinc shall be determined on a case-by-case basis based upon the existing performance of the wastewater treatment facility. The permitting authority shall evaluate representative effluent data from the wastewater treatment facility during periods of normal production in establishing the case-by-case BPT and BAT limitations. The BPT and BAT limitations specified in 40 CFR 420.122 and 420.123 may be used as the basis for calculating total mass limitations for zinc pursuant to 40 CFR 420.03. | |||
| 40:40:31.0.1.1.20.12.4.2 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | L | Subpart L—Hot Coating Subcategory | § 420.121 Specialized definitions. | EPA | (a) The term galvanizing means coating steel products with zinc by the hot dip process including the immersion of the steel product in a molten bath of zinc metal, and the related operations preceding and subsequent to the immersion phase. (b) The term terne coating means coating steel products with terne metal by the hot dip process including the immersion of the steel product in a molten bath of lead and tin metals, and the related operations preceding and subsequent to the immersion phase. (c) The term other coatings means coating steel products with metals other than zinc or terne metal by the hot dip process including the immersion of the steel product in a molten bath of metal, and the related operations preceding the subsequent to the immersion phase. (d) The term fume scrubber means wet air pollution control devices used to remove and clean fumes originating from hot coating operations. (e) The term strip, sheet, and miscellaneous products means steel products other than wire products and fasteners. (f) The term wire products and fasteners means steel wire, products manufactured from steel wire, and steel fasteners manufactured from steel wire or other steel shapes. | ||||
| 40:40:31.0.1.1.20.12.4.3 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | L | Subpart L—Hot Coating Subcategory | § 420.122 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). | EPA | [47 FR 23284, May 27, 1982; 47 FR 41739, Sept. 22, 1982, as amended at 49 FR 21036, May 17, 1984] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. (a) Galvanizing, terne coating, and other coatings —(1) Strip, sheet, and miscellaneous products. Subpart L 1 The limitations for hexavalent chromium shall apply only to galvanizing operations which discharge wastewaters from the chromate rinse step. 2 Within the range of 6.0 to 9.0. (2) [Reserved] (b) Galvanizing and other coatings —(1) Wire products and fasteners. Subpart L 1 The limitations for hexavalent chromium shall be applicable only to galvanizing operations which discharge wastewaters from the chromate rinse step. 2 Within the range of 6.0 to 9.0. (2) [Reserved] (c) Fume scrubbers. Subpart L 1 The limitations for hexavalent chromium shall be applicable only to galvanizing operations which discharge wastewaters from the chromate rinse step. 2 Within the range of 6.0 to 9.0. The above limitations shall be applicable to each fume scrubber associated with any of the coating operations specified above. | |||
| 40:40:31.0.1.1.20.12.4.4 | 40 | Protection of Environment | I | N | 420 | PART 420—IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY | L | Subpart L—Hot Coating Subcategory | § 420.123 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). | EPA | [47 FR 23284, May 27, 1982, as amended at 49 FR 21036, May 17, 1984] | Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. (a) Galvanizing, terne coating and other coatings —(1) Strip, sheet, and miscellaneous products scrubbers. Subpart L 1 The limitations for hexavalent chromium shall be applicable only to galvanizing operations which discharge wastewater from the chromate rinse step. (2) [Reserved] (b) Galvanizing and other coatings —(1) Wire products and fasteners. Subpart L 1 The limitations for hexavalent chromium shall be applicable only to galvanizing operations which discharge wastewaters from the chromate rinse step. (2) [Reserved] (c) Fume scrubbers. Subpart L 1 The limitations for hexavalent chromium shall be applicable only to galvanizing operations which discharge wastewaters from the chromate rinse step. The above limitations shall be applicable to each fume scrubber associated with any of the coating operations specified above. |
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chapter TEXT,
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