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10:10:3.0.1.4.18.1.11.1 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS A Subpart A—General Provisions   § 430.1 Purpose and scope. DOE     [62 FR 29237, May 29, 1997] This part establishes the regulations for the implementation of part B of title III (42 U.S.C. 6291-6309) of the Energy Policy and Conservation Act (Pub. L. 94-163), as amended by Pub. L. 95-619, Pub. L. 100-12, Pub. L. 100-357, and Pub. L. 102-486 which establishes an energy conservation program for consumer products other than automobiles.
10:10:3.0.1.4.18.1.11.2 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS A Subpart A—General Provisions   § 430.2 Definitions. DOE     [42 FR 27898, June 1, 1977] For purposes of this part, words shall be defined as provided for in section 321 of the Act and as follows— 3-Way incandescent lamp means an incandescent lamp that— (1) Employs two filaments, operated separately and in combination, to provide three light levels; and (2) Is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp. 700 series fluorescent lamp means a fluorescent lamp with a color rendering index (measured according to the test procedures outlined in Appendix R to subpart B of this part) that is in the range (inclusive) of 70 to 79. Act means the Energy Policy and Conservation Act of 1975, as amended, 42 U.S.C. 6291-6316. Activation lock means a control mechanism (either by a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable to the product to operate at its designed specifications and capabilities and without which the activation of the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. Active mode means the condition in which an energy-using product— (1) Is connected to a main power source; (2) Has been activated; and (3) Provides one or more main functions. Air cleaner means a product for improving indoor air quality, other than a central air conditioner, room air conditioner, portable air conditioner, dehumidifier, or furnace, that is an electrically-powered, self-contained, mechanically encased assembly that contains means to remove, destroy, or deactivate particulates, VOC, and/or microorganisms from the air. It excludes products that operate solely by means of ultraviolet light without a fan for air circulation. All-refrigerator means a refrigerator that does not include a compartment capable of maintaining compartment temperatures below 32 °F (0 °C) as determined according to th…
10:10:3.0.1.4.18.1.11.3 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS A Subpart A—General Provisions   § 430.3 Materials incorporated by reference. DOE     [74 FR 12066, Mar. 23, 2009] (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the U.S. Department of Energy (DOE) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the Department of Energy (DOE) and at the National Archives and Records Administration (NARA). Contact DOE at: The U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121, (202) 586-9127, Buildings@ee.doe.gov, www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs of this section. (b) Air Movement and Control Association International, Inc. (AMCA), 30 West University Drive, Arlington Heights, IL 60004, (847) 394-0150, or by going to https://www.amca.org/store/item.aspx?ItemId=81. (1) ANSI/AMCA 210-99, Laboratory Methods of Testing Fans for Aerodynamic Performance Rating, ANSI-approved December 2, 1999; IBR approved for appendices CC and CC1 to subpart B. (Co-published as ANSI/ASHRAE 51-1999.) (2) ANSI/ASHRAE 51-07/ANSI/AMCA 210-07 (“ANSI/AMCA 210”), Laboratory Methods of Testing Fans for Certified Aerodynamic Performance Rating, AMCA approved July 28, 2006; IBR approved for appendix X1 to subpart B. (3) ANSI/AMCA Standard 208-18, (“AMCA 208-18”), Calculation of the Fan Energy Index, ANSI approved January 24, 2018, IBR approved for appendix U to this subpart. (4) ANSI/AMCA 210-07, ANSI/ASHRAE 51-07 (“AMCA 210-2007”), Laboratory Methods of Testing Fans for Certified Aerodynamic Performance Rating, ANSI…
10:10:3.0.1.4.18.1.11.4 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS A Subpart A—General Provisions   § 430.4 Sources for information and guidance. DOE     [74 FR 12066, Mar. 23, 2009] (a) General. The standards listed in this paragraph are referred to in the DOE test procedures and elsewhere in this part but are not incorporated by reference. These sources are given here for information and guidance. (b) IESNA. Illuminating Engineering Society of North America, 120 Wall Street, Floor 17, New York, NY 10005-4001, 212-248-5000, or go to http://www.iesna.org. (1) Illuminating Engineering Society of North America Lighting Handbook, 8th Edition, 1993. (2) [Reserved] (c) IEEE. Institute of Electrical and Electronics Engineers, Inc., 3 Park Avenue, 17th Floor, New York, NY, 10016-5997, 212-419-7900, or go to http://www.ieee.org. (1) IEEE 1515-2000, IEEE Recommended Practice for Electronic Power Subsystems: Parameter Definitions, Test Conditions, and Test Methods, March 30, 2000. (2) IEEE 100, Authoritative Dictionary of IEEE Standards Terms, 7th Edition, January 1, 2006. (d) IEC. International Electrotechnical Commission, available from the American National Standards Institute, 11 W. 42nd Street, New York, NY 10036, 212-642-4936, or go to http://www.iec.ch. (1) IEC 62301, Household electrical appliances—Measurement of standby power, First Edition, June 13, 2005. (2) IEC 60050, International Electrotechnical Vocabulary. (e) National Voluntary Laboratory Accreditation Program, Standards Services Division, NIST, 100 Bureau Drive, Stop 2140, Gaithersburg, MD 20899-2140, 301-975-4016, or go to http://ts.nist.gov/standards/accreditation. (1) National Voluntary Laboratory Accreditation Program Handbook 150-01, Energy Efficient Lighting Products, Lamps and Luminaires, August 1993. (2) [Reserved]
10:10:3.0.1.4.18.1.11.5 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS A Subpart A—General Provisions   § 430.5 Error correction procedures for energy conservation standards rules. DOE     [81 FR 57757, Aug. 24, 2016], as amended at 89 FR 22924, Apr. 3, 2024 (a) Scope and purpose. The regulations in this section describe an optional procedure through which the Department of Energy may accept and consider submissions regarding possible Errors in its rules under the Energy Policy and Conservation Act, as amended (42 U.S.C. 6291-6317). This section applies to rules establishing or amending energy conservation standards under the Act, except that this section does not apply to direct final rules issued pursuant to section 325(p)(4) of the Act (42 U.S.C. 6295(p)(4)). (b) Definitions. Act means the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6291-6317). Error means an aspect of the regulatory text of a rule that is inconsistent with what the Secretary intended regarding the rule at the time of posting. Examples of possible mistakes that might give rise to Errors include: (i) A typographical mistake that causes the regulatory text to differ from how the preamble to the rule describes the rule; (ii) A calculation mistake that causes the numerical value of an energy conservation standard to differ from what technical support documents would justify; or (iii) A numbering mistake that causes a cross-reference to lead to the wrong text. Rule means a rule establishing or amending an energy conservation standard under the Act. Secretary means the Secretary of Energy or an official with delegated authority to perform a function of the Secretary of Energy under this section. (c) Posting of rules. (1) It is within in the sole discretion of the Secretary to make a rule available to the public to review for Errors in the document's regulatory text. (2) If a rule is made available for review, the Secretary ordinarily will keep the document posted for a period of 45 calendar days, but the Secretary in his or her discretion (while remaining consistent with his or her statutory obligations under EPCA and other legal obligations when promulgating an energy conservation standard) may shorten or lengthen the time period during which the rule document i…
10:10:3.0.1.4.18.2.11.1 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS B Subpart B—Test Procedures   § 430.21 Purpose and scope. DOE       This subpart contains test procedures required to be prescribed by DOE pursuant to section 323 of the Act.
10:10:3.0.1.4.18.2.11.2 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS B Subpart B—Test Procedures   § 430.23 Test procedures for the measurement of energy and water consumption. DOE     [42 FR 27898, June 1, 1977] When the test procedures of this section call for rounding off of test results, and the results fall equally between two values of the nearest dollar, kilowatt-hour, or other specified nearest value, the result shall be rounded up to the nearest higher value. (a) Refrigerators and refrigerator-freezers. (1) The estimated annual operating cost for models without an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (2) The estimated annual operating cost for models with an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) Half the sum of the average per-cycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (3) The estimated annual operating cost for any other specified cycle type shall be the product of the following three factors, the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the specified cycle type, determined according to appendix A of this subpart; and (iii) The representative average unit cost of e…
10:10:3.0.1.4.18.2.11.3 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS B Subpart B—Test Procedures   § 430.24 [Reserved] DOE        
10:10:3.0.1.4.18.2.11.4 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS B Subpart B—Test Procedures   § 430.25 Laboratory Accreditation Program. DOE     [81 FR 72504, Oct. 20, 2016] The testing for general service fluorescent lamps, general service incandescent lamps (with the exception of lifetime testing), general service lamps (with the exception of applicable lifetime testing), incandescent reflector lamps, compact fluorescent lamps, and fluorescent lamp ballasts, and integrated light-emitting diode lamps must be conducted by test laboratories accredited by an Accreditation Body that is a signatory member to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA). A manufacturer's or importer's own laboratory, if accredited, may conduct the applicable testing.
10:10:3.0.1.4.18.2.11.5 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS B Subpart B—Test Procedures   § 430.27 Petitions for waiver and interim waiver. DOE     [79 FR 26599, May 9, 2014, as amended at 85 FR 79820, Dec. 11, 2020; 86 FR 70959, Dec. 14, 2021] (a) General information. This section provides a means for seeking waivers of the test procedure requirements of this subpart for basic models that meet the requirements of paragraph (a)(1) of this section. In granting a waiver or interim waiver, DOE will not change the energy use or efficiency metric that the manufacturer must use to certify compliance with the applicable energy conservation standard and to make representations about the energy use or efficiency of the covered product. The granting of a waiver or interim waiver by DOE does not exempt such basic models from any other regulatory requirement contained in this part or the certification and compliance requirements of 10 CFR part 429 and specifies an alternative method for testing the basic models addressed in the waiver. (1) Any interested person may submit a petition to waive for a particular basic model any requirements of § 430.23 or of any appendix to this subpart, upon the grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures or cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy and/or water consumption characteristics as to provide materially inaccurate comparative data. (2) Manufacturers of basic model(s) subject to a waiver or interim waiver are responsible for complying with the other requirements of this subpart and with the requirements of 10 CFR part 429 regardless of the person that originally submitted the petition for waiver and/or interim waiver. The filing of a petition for waiver and/or interim waiver shall not constitute grounds for noncompliance with any requirements of this subpart. (3) All correspondence regarding waivers and interim waivers must be submitted to DOE either electronically to AS__Waiver__Requests@ee.doe.gov (preferred method of transmittal) or by mail to U.S. Department of Energy, Building Technologies Program, Test Procedure Waiver, …
10:10:3.0.1.4.18.3.11.1 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS C Subpart C—Energy and Water Conservation Standards   § 430.31 Purpose and scope. DOE     [63 FR 13317, Mar. 18, 1998, as amended at 78 FR 62993, Oct. 23, 2013] This subpart contains energy conservation standards and water conservation standards (in the case of faucets, showerheads, water closets, and urinals) for classes of covered products that are required to be administered by the Department of Energy pursuant to the Energy Conservation Program for Consumer Products Other Than Automobiles under the Energy Policy and Conservation Act, as amended (42 U.S.C. 6291 et seq. ).
10:10:3.0.1.4.18.3.11.2 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS C Subpart C—Energy and Water Conservation Standards   § 430.32 Energy and water conservation standards and their compliance dates. DOE     [54 FR 6077, Feb. 7, 1989] The energy and water (in the case of faucets, showerheads, water closets, and urinals) conservation standards for the covered product classes are: (a) Refrigerators/refrigerator-freezers/freezers. These standards do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet (1104 liters) or freezers with total refrigerated volume exceeding 30 cubic feet (850 liters). The energy standards as determined by the equations of the following table(s) shall be rounded off to the nearest kWh per year. If the equation calculation is halfway between the nearest two kWh per year values, the standard shall be rounded up to the higher of these values. (1) The following standards apply to products manufactured on or after September 15, 2014, and before the 2029/2030 compliance dates depending on product class (see paragraphs (a)(2) and (a)(3) of this section). Table 1 to Paragraph (a)(1) AV = Total adjusted volume, expressed in ft 3 , as determined in appendices A and B to subpart B of this part. av = Total adjusted volume, expressed in Liters. (2) The following standards apply to products manufactured on or after January 31, 2029. Table 2 to Paragraph ( a )( 2 ) AV = Total adjusted volume, expressed in ft 3 , as determined in appendices A and B to subpart B of this part. av = Total adjusted volume, expressed in Liters. I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker. Door Coefficients ( e.g., K3ABI) are as defined in the following table. Table 3 to Paragraph ( a )( 2 ) Notes: 1 N d is the number of external doors. 2 The maximum N d values are 2 for K12, 3 for K9BI, and 5 for all other K values. (3) The following standards apply to products manufactured on or after January 31, 2030. Table 4 to Paragraph ( a )( 3 ) AV = Total adjusted volume, expressed in ft 3 , as determined in appendices A and B to subpart B of this part. av = Total adjusted volume, expressed in Liters. I = 1 for a product with an a…
10:10:3.0.1.4.18.3.11.3 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS C Subpart C—Energy and Water Conservation Standards   § 430.33 Preemption of State regulations. DOE     [63 FR 13318, Mar. 18, 1998, as amended at 74 FR 12070, Mar. 23, 2009; 78 FR 62993, Oct. 23, 2013] (a) Any State regulation providing for any energy conservation standard, or water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement with respect to the energy efficiency, energy use, or water use (in the case of faucets, showerheads, water closets, or urinals) of a covered product that is not identical to a Federal standard in effect under this subpart is preempted by that standard, except as provided for in sections 325(i)(6)(A)(vi), 327(b) and (c) of the Act. (b) No State regulation, or revision thereof, concerning the energy efficiency, energy use, or water use of the covered product shall be effective with respect to such covered product, unless the State regulation or revision in the case of any portion of any regulation that establishes requirements for general service incandescent lamps, intermediate base incandescent lamps, or candelabra base lamps, was enacted or adopted by the State of California or Nevada before December 4, 2007, except that— (1) The regulation adopted by the California Energy Commission with an effective date of January 1, 2008, shall only be effective until the effective date of the Federal standard for the applicable lamp category under paragraphs (A), (B), and (C) of section 325(i)(1) of EPCA; and (2) The States of California and Nevada may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards with effective dates no earlier than 12 months prior to the Federal effective dates prescribed under paragraphs (A), (B), and (C) of section 325(i)(1) of EPCA, at which time any prior regulations adopted by the State of California or Nevada shall no longer be effective.
10:10:3.0.1.4.18.3.11.4 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS C Subpart C—Energy and Water Conservation Standards   § 430.34 Energy and water conservation standards amendments DOE     [67 FR 36406, May 23, 2002] The Department of Energy may not prescribe any amended standard which increases the maximum allowable energy use or, in the case of showerheads, faucets, water closets or urinals, the maximum allowable water use, or which decreases the minimum required energy efficiency of a covered product.
10:10:3.0.1.4.18.3.11.5 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS C Subpart C—Energy and Water Conservation Standards   § 430.35 Petitions with respect to general service lamps. DOE     [74 FR 12070, Mar. 23, 2009] (a) Any person may petition the Secretary for an exemption for a type of general service lamp from the requirements of this subpart. The Secretary may grant an exemption only to the extent that the Secretary finds, after a hearing and opportunity for public comment, that it is not technically feasible to serve a specialized lighting application (such as a military, medical, public safety or certified historic lighting application) using a lamp that meets the requirements of this subpart. To grant an exemption for a product under this paragraph, the Secretary shall include, as an additional criterion, that the exempted product is unlikely to be used in a general service lighting application. (b) Any person may petition the Secretary to establish standards for lamp shapes or bases that are excluded from the definition of general service lamps. The petition shall include evidence that the availability or sales of exempted lamps have increased significantly since December 19, 2007. The Secretary shall grant a petition if the Secretary finds that: (1) The petition presents evidence that demonstrates that commercial availability or sales of exempted incandescent lamp types have increased significantly since December 19, 2007 and are being widely used in general lighting applications; and (2) Significant energy savings could be achieved by covering exempted products, as determined by the Secretary based on sales data provided to the Secretary from manufacturers and importers.
10:10:3.0.1.4.18.4.11.1 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.40 Purpose and scope. DOE     [63 FR 13318, Mar. 18, 1998] (a) This subpart prescribes the procedures to be followed in connection with petitions requesting a rule that a State regulation prescribing an energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement respecting energy efficiency, energy use, or water use (in the case of faucets, showerheads, water closets, and urinals) of a type (or class) of covered product not be preempted. (b) This subpart also prescribes the procedures to be followed in connection with petitions to withdraw a rule exempting a State regulation prescribing an energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement respecting energy efficiency, energy use, or water use (in the case of faucets, showerheads, water closets, and urinals) of a type (or class) of covered product.
10:10:3.0.1.4.18.4.11.10 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.49 Finality of decision. DOE     [54 FR 6078, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998] (a) A decision to prescribe a rule that a State energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals) or other requirement not be preempted is final on the date the rule is issued, i.e., signed by the Secretary. A decision to prescribe such a rule has no effect on other regulations of a covered product of any other State. (b) A decision to prescribe a rule withdrawing a rule exempting a State standard or other requirement is final on the date the rule is issued, i.e., signed by the Secretary. A decision to deny such a petition is final on the day a denial of a request for reconsideration is issued, i.e., signed by the Secretary.
10:10:3.0.1.4.18.4.11.2 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.41 Prescriptions of a rule. DOE     [63 FR 13318, Mar. 18, 1998] (a) Criteria for exemption from preemption. Upon petition by a State which has prescribed an energy conservation standard, water conservation standard (in the case of faucets, showerheads, water closets, and urinals), or other requirement for a type or class of covered equipment for which a Federal energy conservation standard or water conservation standard is applicable, the Secretary shall prescribe a rule that such standard not be preempted if he determines that the State has established by a preponderance of evidence that such requirement is needed to meet unusual and compelling State or local energy interests or water interests. For the purposes of this section, the term “unusual and compelling State or local energy interests or water interests” means interests which are substantially different in nature or magnitude than those prevailing in the U.S. generally, and are such that when evaluated within the context of the State's energy plan and forecast, or water plan and forecast the costs, benefits, burdens, and reliability of energy savings or water savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy savings or water savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all equipment subject to the State regulation. The Secretary may not prescribe such a rule if he finds that interested persons have established, by a preponderance of the evidence, that the State's regulation will significantly burden manufacturing, marketing, distribution, sale or servicing of the covered equipment on a national basis. In determining whether to make such a finding, the Secretary shall evaluate all relevant factors including: the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; the extent to which the State regulation will disadvantage smaller ma…
10:10:3.0.1.4.18.4.11.3 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.42 Filing requirements. DOE       (a) Service. All documents required to be served under this subpart shall, if mailed, be served by first class mail. Service upon a person's duly authorized representative shall constitute service upon that person. (b) Obligation to supply information. A person or State submitting a petition is under a continuing obligation to provide any new or newly discovered information relevant to that petition. Such information includes, but is not limited to, information regarding any other petition or request for action subsequently submitted by that person or State. (c) The same or related matters. A person or State submitting a petition or other request for action shall state whether to the best knowledge of that petitioner the same or related issue, act, or transaction has been or presently is being considered or investigated by any State agency, department, or instrumentality. (d) Computation of time. (1) Computing any period of time prescribed by or allowed under this subpart, the day of the action from which the designated period of time begins to run is not to be included. If the last day of the period is Saturday, or Sunday, or Federal legal holiday, the period runs until the end of the next day that is neither a Saturday, or Sunday or Federal legal holiday. (2) Saturdays, Sundays, and intervening Federal legal holidays shall be excluded from the computation of time when the period of time allowed or prescribed is 7 days or less. (3) When a submission is required to be made within a prescribed time, DOE may grant an extension of time upon good cause shown. (4) Documents received after regular business hours are deemed to have been submitted on the next regular business day. Regular business hours for the DOE's National Office, Washington, DC, are 8:30 a.m. to 4:30 p.m. (5) DOE reserves the right to refuse to accept, and not to consider, untimely submissions. (e) Filing of petitions. (1) A petition for a rule shall be submitted in triplicate to: The Assistant Secretary for Conservation and Renewab…
10:10:3.0.1.4.18.4.11.4 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.43 Notice of petition. DOE       (a) Promptly after receipt of a petition and its acceptance for filing, notice of such petition shall be published in the Federal Register. The notice shall set forth the availability for public review of all data and information available, and shall solicit comments, data and information with respect to the determination on the petition. Except as may otherwise be specified, the period for public comment shall be 60 days after the notice appears in the Federal Register. (b) In addition to the material required under paragraph (a) of this section, each notice shall contain a summary of the State regulation at issue and the petitioner's reasons for the rule sought.
10:10:3.0.1.4.18.4.11.5 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.44 Consolidation. DOE       DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common parties, common questions of fact and law, and where such consolidation would expedite or simplify consideration of the issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred.
10:10:3.0.1.4.18.4.11.6 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.45 Hearing. DOE       The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of the hearing, when he determines that such a hearing is necessary and likely to result in a timely and effective resolution of the issues. A transcript shall be kept of any such hearing.
10:10:3.0.1.4.18.4.11.7 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.46 Disposition of petitions. DOE       (a) After the submission of public comments under § 430.42(a), the Secretary shall prescribe a final rule or deny the petition within 6 months after the date the petition is filed. (b) The final rule issued by the Secretary or a determination by the Secretary to deny the petition shall include a written statement setting forth his findings and conclusions, and the reasons and basis therefor. A copy of the Secretary's decision shall be sent to the petitioner and the affected State agency. The Secretary shall publish in the Federal Register a notice of the final rule granting or denying the petition and the reasons and basis therefor. (c) If the Secretary finds that he cannot issue a final rule within the 6-month period pursuant to paragraph (a) of this section, he shall publish a notice in the Federal Register extending such period to a date certain, but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for the delay.
10:10:3.0.1.4.18.4.11.8 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.47 Effective dates of final rules. DOE     [54 FR 6078, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998] (a) A final rule exempting a State standard from Federal preemption will be effective: (1) Upon publication in the Federal Register if the Secretary determines that such rule is needed to meet an “energy emergency condition or water emergency condition (in the case of faucets, showerheads, water closets, and urinals)” within the State. (2) Three years after such rule is published in the Federal Register ; or (3) Five years after such rule is published in the Federal Register if the Secretary determines that such additional time is necessary due to the burdens of retooling, redesign or distribution. (b) A final rule withdrawing a rule exempting a State standard will be effective upon publication in the Federal Register.
10:10:3.0.1.4.18.4.11.9 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS D Subpart D—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation   § 430.48 Request for reconsideration. DOE       (a) Any petitioner whose petition for a rule has been denied may request reconsideration within 30 days of denial. The request shall contain a statement of facts and reasons supporting reconsideration and shall be submitted in writing to the Secretary. (b) The denial of a petition will be reconsidered only where it is alleged and demonstrated that the denial was based on error in law or fact and that evidence of the error is found in the record of the proceedings. (c) If the Secretary fails to take action on the request for reconsideration within 30 days, the request is deemed denied, and the petitioner may seek such judicial review as may be appropriate and available. (d) A petitioner has not exhausted other administrative remedies until a request for reconsideration has been filed and acted upon or deemed denied.
10:10:3.0.1.4.18.5.11.1 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.50 Purpose and scope. DOE     [54 FR 6080, Feb. 7, 1989, as amended at 63 FR 13319, Mar. 18, 1998] (a) This subpart establishes procedures for the submission and disposition of applications filed by manufacturers of covered consumer products with annual gross revenues that do not exceed $8 million to exempt them temporarily from all or part of energy conservation standards or water conservation standards (in the case of faucets, showerheads, water closets, and urinals) established by this part. (b) The purpose of this subpart is to provide content and format requirements for manufacturers of covered consumer products with low annual gross revenues who desire to apply for temporary exemptions from applicable energy conservation standards or water conservation standards (in the case of faucets, showerheads, water closets, and urinals) .
10:10:3.0.1.4.18.5.11.2 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.51 Eligibility. DOE       Any manufacturer of a covered product with annual gross revenues that do not exceed $8,000,000 from all its operations (including the manufacture and sale of covered products) for the 12-month period preceding the date of application may apply for an exemption. In determining the annual gross revenues of any manufacturer under this subpart, the annual gross revenue of any other person who controls, is controlled, by, or is under common control with, such manufacturer shall be taken into account.
10:10:3.0.1.4.18.5.11.3 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.52 Requirements for applications. DOE       (a) Each application filed under this subpart shall be submitted in triplicate to: U.S. Department of Energy, Small Business Exemptions, Appliance Efficiency Standards, Assistant Secretary for Conservation and Renewable Energy, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. (b) An application shall be in writing and shall include the following: (1) Name and mailing address of applicant; (2) Whether the applicant controls, is controlled by, or is under common control with another manufacturer, and if so, the nature of that control relationship; (3) The text or substance of the standard or portion thereof for which the exemption is sought and the length of time desired for the exemption; (4) Information showing the annual gross revenue of the applicant for the preceding 12-month period from all of its operations (including the manufacture and sale of covered products): (5) Information to show that failure to grant an exemption is likely to result in a lessening of competition; (6) Such other information, if any, believed to be pertinent by the petitioner; and (7) Such other information as the Secretary may require.
10:10:3.0.1.4.18.5.11.4 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.53 Processing of applications. DOE       (a) The applicant shall serve a copy of the application, all supporting documents and all subsequent submissions, or a copy from which confidential information has been deleted pursuant to 10 CFR 1004.11, to the Secretary, which may be made available for public review. (b) Within fifteen (15) days of the receipt of an application, the Secretary will either accept it for filing or reject it, and the applicant will be so notified in writing. Only such applications which conform to the requirements of this subpart and which contain sufficient information for the purposes of a substantive decision will be accepted for filing. Applications which do not so conform will be rejected and an explanation provided to the applicant in writing. (c) For the purpose of this subpart, an application is deemed to be filed on the date it is accepted for filing. (d) Promptly after receipt of an application and its acceptance for filing, notice of such application shall be published in the Federal Register. The notice shall set forth the availability for public review of data and information available, and shall solicit comments, data and information with respect to the determination on the application. Except as may otherwise be specified, the period for public comment shall be 60 days after the notice appears in the Federal Register. (e) The Secretary on his own initiative may convene a hearing if, in his discretion, he considers such hearing will advance his evaluation of the application.
10:10:3.0.1.4.18.5.11.5 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.54 Referral to the Attorney General. DOE       Notice of the application for exemption under this subpart shall be transmitted to the Attorney General by the Secretary and shall contain (a) a statement of the facts and of the reasons for the exemption, and (b) copies of all documents submitted.
10:10:3.0.1.4.18.5.11.6 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.55 Evaluation of application. DOE       The Secretary shall grant an application for exemption submitted under this subpart if the Secretary finds, after obtaining the written views of the Attorney General, that a failure to allow an exemption would likely result in a lessening of competition.
10:10:3.0.1.4.18.5.11.7 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.56 Decision and order. DOE       (a) Upon consideration of the application and other relevant information received or obtained, the Secretary shall issue an order granting or denying the application. (b) The order shall include a written statement setting forth the relevant facts and the legal basis of the order. (c) The Secretary shall serve a copy of the order upon the applicant and upon any other person readily identifiable by the Secretary as one who is interested in or aggrieved by such order. The Secretary also shall publish in the Federal Register a notice of the grant or denial of the order and the reason therefor.
10:10:3.0.1.4.18.5.11.8 10 Energy II D 430 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS E Subpart E—Small Business Exemptions   § 430.57 Duration of temporary exemption. DOE       A temporary exemption terminates according to its terms but not later than twenty-four months after the affective date of the rule for which the exemption is allowed.
20:20:2.0.1.1.15.0.485.1 20 Employees' Benefits III   430 PART 430—PERSONNEL       § 430.101 Policy. SSA     [62 FR 39935, July 25, 1997] (a) The Social Security Administration (SSA) may indemnify, in whole or in part, its employees (which for the purpose of this regulation includes former employees) for any verdict, judgment or other monetary award which is rendered against any such employee, provided that the conduct giving rise to the verdict, judgment or award was taken within the scope of his or her employment with SSA and that such indemnification is in the interest of the United States, as determined by the Commissioner, or his or her designee, in his or her discretion. (b) SSA may settle or compromise a personal damage claim against its employee by the payment of available funds, at any time, provided the alleged conduct giving rise to the personal damage claim was taken within the scope of employment and that such settlement or compromise is in the interest of the United States, as determined by the Commissioner, or his or her designee, in his or her discretion. (c) Absent exceptional circumstances, as determined by the Commissioner or his or her designee, SSA will not entertain a request either to agree to indemnify or to settle a personal damage claim before entry of an adverse verdict, judgment or monetary award. (d) When an employee of SSA becomes aware that an action has been filed against the employee in his or her individual capacity as a result of conduct taken within the scope of his or her employment, the employee should immediately notify SSA that such an action is pending. (e) The employee may, thereafter, request either: (1) Indemnification to satisfy a verdict, judgment or award entered against the employee; or (2) Payment to satisfy the requirements of a settlement proposal. The employee shall submit a written request, with documentation including copies of the verdict, judgment, award or settlement proposal, as appropriate, to the Deputy Commissioner or other designated official, who shall thereupon submit to the General Counsel, in a timely manner, a recommended disposition of the request. The General Counsel shall a…
40:40:32.0.1.1.6.0.3.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY       § 430.00 Applicability. EPA       (a) This part applies to any pulp, paper, or paperboard mill that discharges or may discharge process wastewater pollutants to the waters of the United States, or that introduces or may introduce process wastewater pollutants into a publicly owned treatment works. (b) The following table presents the subcategorization scheme codified in this part, with references to former subpart designations contained in the 1997 edition of 40 CFR parts 425 through 699: Subcategorization Scheme With References to Former Subparts Contained in the July 1, 1997 Edition of 40 CFR Parts 425 Through 699 a This subpart is contained in the 40 CFR parts 425 through 699, edition revised as of July 1, 1997.
40:40:32.0.1.1.6.0.3.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY       § 430.01 General definitions. EPA     [63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 29834, May 18, 2012] In addition to the definitions set forth in 40 CFR part 401 and 40 CFR 403.3, the following definitions apply to this part: (a) Adsorbable organic halides (AOX). A bulk parameter that measures the total mass of chlorinated organic matter in water and wastewater. The approved method of analysis for AOX is Method 1650, which is available in Appendix A of this part, and online at http://water.epa.gov/scitech/methods/cwa/index.cfm. (b) Annual average. The mean concentration, mass loading or production-normalized mass loading of a pollutant over a period of 365 consecutive days (or such other period of time determined by the permitting authority to be sufficiently long to encompass expected variability of the concentration, mass loading, or production-normalized mass loading at the relevant point of measurement). (c) Bleach plant. All process equipment used for bleaching beginning with the first application of bleaching agents (e.g., chlorine, chlorine dioxide, ozone, sodium or calcium hypochlorite, or peroxide), each subsequent extraction stage, and each subsequent stage where bleaching agents are applied to the pulp. For mills in subpart E of this part producing specialty grades of pulp, the bleach plant includes process equipment used for the hydrolysis or extraction stages prior to the first application of bleaching agents. Process equipment used for oxygen delignification prior to the application of bleaching agents is not part of the bleach plant. (d) Bleach plant effluent. The total discharge of process wastewaters from the bleach plant from each physical bleach line operated at the mill, comprising separate acid and alkaline filtrates or the combination thereof. (e) Chemical oxygen demand (COD). A bulk parameter that measures the oxygen-consuming capacity of organic and inorganic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test. (f) Elemental chlorine-free (ECF). Any process for bleaching pulps in the absence o…
40:40:32.0.1.1.6.0.3.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY       § 430.02 Monitoring requirements. EPA     [63 FR 18635, Apr. 15, 1998, as amended at 67 FR 58997, Sept. 19, 2002; 72 FR 11248, Mar. 12, 2007] This section establishes minimum monitoring frequencies for certain pollutants. Where no monitoring frequency is specified in this section or where the duration of the minimum monitoring frequency has expired under paragraphs (b) through (e) of this section, the permit writer or pretreatment control authority shall determine the appropriate monitoring frequency in accordance with 40 CFR 122.44(i) or 40 CFR part 403, as applicable. (a) BAT, NSPS, PSES, and PSNS monitoring frequency for chlorinated organic pollutants. The following monitoring frequencies apply to discharges subject to subpart B or subpart E of this part: a Non-TCF: Pertains to any fiber line that does not use exclusively TCF bleaching processes. b TCF: Pertains to any fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22 or, for indirect dischargers, as reported to the pretreatment control authority under 40 CFR 403.12 (b), (d), or (e). c This regulation does not specify a limit for this pollutant for TCF bleaching processes. d Monitoring frequency does not apply to this compound when used as a biocide. The permitting or pretreatment control authority must determine the appropriate monitoring frequency for this compound, when used as a biocide, under 40 CFR 122.44(i) or 40 CFR part 403, as applicable. e This regulation does not specify a limit for this pollutant for subpart E mills. f This regulation does not specify a limit for this pollutant for the ammonium-based or specialty grade sulfite pulp segments of subpart E. (b) Duration of required monitoring for BAT, NSPS, PSES, and PSNS. The monitoring frequencies specified in paragraph (a) of this section apply for the following time periods: (1) For direct dischargers, a duration of 5 years commencing on the date the applicable limitations or standards from subpart B or subpart E of this part are first included in the discharger's NPDES permit; (2) For existin…
40:40:32.0.1.1.6.0.3.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY       § 430.03 Best management practices (BMPs) for spent pulping liquor, soap, and turpentine management, spill prevention, and control. EPA     [63 FR 18635, Apr. 15, 1998, as amended at 65 FR 46108, July 27, 2000] (a) Applicability. This section applies to direct and indirect discharging pulp, paper, and paperboard mills with pulp production in subparts B (Bleached Papergrade Kraft and Soda) and E (Papergrade Sulfite). (b) Specialized definitions —(1) Action Level: A daily pollutant loading that when exceeded triggers investigative or corrective action. Mills determine action levels by a statistical analysis of six months of daily measurements collected at the mill. For example, the lower action level may be the 75th percentile of the running seven-day averages (that value exceeded by 25 percent of the running seven-day averages) and the upper action level may be the 90th percentile of the running seven-day averages (that value exceeded by 10 percent of the running seven-day averages). (2) Equipment Items in Spent Pulping Liquor, Soap, and Turpentine Service: Any process vessel, storage tank, pumping system, evaporator, heat exchanger, recovery furnace or boiler, pipeline, valve, fitting, or other device that contains, processes, transports, or comes into contact with spent pulping liquor, soap, or turpentine. Sometimes referred to as “equipment items.” (3) Immediate Process Area: The location at the mill where pulping, screening, knotting, pulp washing, pulping liquor concentration, pulping liquor processing, and chemical recovery facilities are located, generally the battery limits of the aforementioned processes. “Immediate process area” includes spent pulping liquor storage and spill control tanks located at the mill, whether or not they are located in the immediate process area. (4) Intentional Diversion: The planned removal of spent pulping liquor, soap, or turpentine from equipment items in spent pulping liquor, soap, or turpentine service by the mill for any purpose including, but not limited to, maintenance, grade changes, or process shutdowns. (5) Mill: The owner or operator of a direct or indirect discharging pulp, paper, or paperboard manufacturing facility subject to this section. (6) Senio…
40:40:32.0.1.1.6.1.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.10 Applicability; description of the dissolving kraft subcategory. EPA       The provisions of this subpart apply to discharges resulting from the production of dissolving pulp at kraft mills.
40:40:32.0.1.1.6.1.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.11 Specialized definitions. EPA       For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
40:40:32.0.1.1.6.1.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.12 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). EPA       (a) 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 (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations: Subpart A [BPT effluent limitations] 1 Within the range of 5.0 to 9.0 at all times. (b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to annual average effluent limitations: Subpart A [BPT effluent limitations] 1 Within the range of 5.0 to 9.0 at all times. (c) The following limitations establish the quantity or quality of pollutants or pollutant parameters, controlled by this section, resulting from the use of log washing or chip washing operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs and/or chips which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to the annual average effluent limitations: Subpart…
40:40:32.0.1.1.6.1.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.13 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.12 of this subpart for the best practicable control technology currently available (BPT).
40:40:32.0.1.1.6.1.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.14 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart A [BAT effluent limitations]
40:40:32.0.1.1.6.1.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.15 New source performance standards (NSPS). EPA       Any new source subject to this subpart must achieve the following new source performance standards (NSPS), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations for BOD5 and TSS, but shall be subject to annual average effluent limitations. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply, where provided. Concentration limitations will only apply to non-continuous dischargers. Only facilities where chlorophenolic-containing biocides are used shall be subject to pentachlorophenol and trichlorophenol limitations. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart A [NSPS] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.1.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.16 Pretreatment standards for existing sources (PSES). EPA       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 achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984: Subpart A [PSES] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.1.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY A Subpart A—Dissolving Kraft Subcategory   § 430.17 Pretreatment standards for new sources (PSNS). EPA       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 achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart A [PSNS] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.10.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.100 Applicability; description of the secondary fiber non-deink subcategory. EPA       The provisions of this subpart are applicable to discharges resulting from the production of: Paperboard from wastepaper; tissue paper from wastepaper without deinking at secondary fiber mills; molded products from wastepaper without deinking at secondary fiber mills; and builders' paper and roofing felt from wastepaper.
40:40:32.0.1.1.6.10.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.101 Specialized definitions. EPA       For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart. (b) Noncorrugating medium furnish subdivision mills are mills where recycled corrugating medium is not used in the production of paperboard. (c) Corrugating medium furnish subdivision mills are mills where only recycled corrugating medium is used in the production of paperboard.
40:40:32.0.1.1.6.10.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.102 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). EPA       (a) 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 (BPT): Subpart J [BPT effluent limitations for secondary fiber non-deink facilities where paperboard from wastepaper is produced—noncorrugating medium finish subdivision] 1 1Within the range of 6.0 to 9.0 at all times. Subpart J [BPT effluent limitations for secondary fiber non-deink facilities where paperboard from wastepaper is produced—corrugating medium finish subdivision] 1 Within the range of 6.0 to 9.0 at all times. Subpart J [BPT effluent limitations for secondary fiber non-deink facilities where builders' paper and roofing felt from wastepaper are produced] 1 Within the range of 6.0 to 9.0 at all times. 2 Not to exceed 0.2 ml/l. (b) 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 (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations: Subpart J [BPT effluent limitations for secondary fiber non-deink facilities where tissue from wastepaper is produced without deinking] 1 Within the range of 5.0 to 9.0 at all times. Subpart J [BPT effluent limitations for secondary fiber non-deink facilities where molded products from wastepaper are produced without deinking] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.10.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.103 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       (a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.102 of this subpart for the best practicable control technology currently available (BPT). (b) For secondary fiber non-deink facilities where paperboard from wastepaper is produced, non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations determined by dividing the average-of-30-consecutive-days limitations for BOD5 and TSS by 1.77 and 2.18. (c) For secondary fiber non-deink facilities where builders' paper and roofing felt from wastepaper are produced, non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations determined by dividing the average-of-30-consecutive-days limitations for BOD5 and TSS by 1.90 and 1.90.
40:40:32.0.1.1.6.10.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.104 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart J [BAT effluent limitations for secondary fiber non-deink facilities where paperboard from wastepaper is produced] Subpart J [BAT effluent limitations for secondary fiber non-deink facilities where builders' paper and roofing felt from wastepaper are produced] Subpart J [BAT effluent limitations for secondary fiber non-deink facilities where tissue from wastepaper is produced without deinking] Subpart J [BAT effluent limitations for secondary fiber non-deink facilities where molded products from wastepaper are produced without deinking]
40:40:32.0.1.1.6.10.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.105 New source performance standards (NSPS). EPA       Any new source subject to this subpart must achieve the following new source performance standards (NSPS), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations for BOD5 and TSS, but shall be subject to annual average effluent limitations. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply, where provided. Concentration limitations will only apply to non-continuous dischargers. Only facilities where chlorophenolic-containing biocides are used shall be subject to pentachlorophenol and trichlorophenol limitations. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart J [NSPS for secondary fiber non-deink facilities where paperboard from wastepaper is produced—noncorrugating medium furnish subdivision] 1 Within the range of 5.0 to 9.0 at all times. Subpart J [NSPS for secondary fiber non-deink facilities where paperboard from wastepaper is produced—corrugating medium finish subdivision] 1 Within the range of 5.0 to 9.0 at all times. Subpart J [NSPS for secondary fiber non-deink facilities where builders' paper and roofing felt from wastepaper are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart J [NSPS for secondary fiber non-deink facilities where tissue from wastepaper is produced without deinking] 1 Within the range of 5.0 to 9.0 at all times. Subpart J [NSPS for secondary fiber non-deink facilities where molded products from wastepaper are produced without deinking] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.10.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.106 Pretreatment standards for existing sources (PSES). EPA       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 achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984: Subpart J [PSES for secondary fiber non-deink facilities where paperboard from wastepaper is produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart J [PSES for secondary fiber non-deink facilities where builders' paper and roofing felt from wastepaper are produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart J [PSES for secondary fiber non-deink facilities where tissue from wastepaper is produced without deinking] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart J [PSES for secondary fiber non-deink facilities where molded products from wastepaper are produced without deinking] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.10.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY J Subpart J—Secondary Fiber Non-Deink Subcategory   § 430.107 Pretreatment standards for new sources (PSNS). EPA       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 achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart J [PSNS for secondary fiber non-deink facilities where paperboard from wastepaper is produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart J [PSNS for secondary fiber non-deink facilities where builders' paper and roofing felt from wastepaper are produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart J [PSNS for secondary fiber non-deink facilities where tissue from wastepaper is produced without deinking] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart J [PSNS for secondary fiber non-deink facilities where molded products from wastepaper are produced without deinking] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.11.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.110 Applicability; description of the fine and lightweight papers from purchased pulp subcategory. EPA       The provisions of this subpart are applicable to discharges resulting from the production of: fine paper at nonintegrated mills; and lightweight paper at nonintegrated mills.
40:40:32.0.1.1.6.11.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.111 Specialized definitions. EPA       For the purpose of this subpart: (a) Except as provided in paragraphs (b) and (c) of this section, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart. (b) Cotton fiber furnish subdivision mills are those mills where significant quantities of cotton fibers (equal to or greater than 4 percent of the total product) are used in the production of fine papers. (c) Wood fiber furnish subdivision mills are those mills where cotton fibers are not used in the production of fine papers.
40:40:32.0.1.1.6.11.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.112 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 (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations: Subpart K [BPT effluent limitations for non-integrated mills where fine paper is produced from purchased pulp—wood fiber furnish subdivision] 1 Within the range of 5.0 to 9.0 at all times. Subpart K [BPT effluent limitations for non-integrated mills where fine paper is produced from purchased pulp—cotton fiber furnish subdivision] 1 Within the range of 5.0 to 9.0 at all times. Subpart K [BPT effluent limitations for non-integrated mills where lightweight papers are produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times. Subpart K [BPT effluent limitations for non-integrated mills where lightweight papers are produced from purchased pulp—electrical grade papers subdivision 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.11.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.113 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.102 of this subpart for the best practicable control technology currently available (BPT).
40:40:32.0.1.1.6.11.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.114 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart K [BAT effluent limitations for non-integrated mills where fine paper is produced from purchased pulp—wood fiber furnish subdivision] Subpart K [BAT effluent limitations for non-integrated mills where fine paper is produced from purchased pulp—cotton fiber furnish subdivision] Subpart K [BAT effluent limitations for non-integrated mills where lightweight papers are produced from purchased pulp] Subpart K [BAT effluent limitations for non-integrated mills where lightweight papers are produced from purchased pulp—electrical grade papers subdivision]
40:40:32.0.1.1.6.11.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.115 New source performance standards (NSPS). EPA       Any new source subject to this subpart must achieve the following new source performance standards (NSPS), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations for BOD5 and TSS, but shall be subject to annual average effluent limitations. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply, where provided. Concentration limitations will only apply to non-continuous dischargers. Only facilities where chlorophenolic-containing biocides are used shall be subject to pentachlorophenol and trichlorophenol limitations. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart K [NSPS for non-integrated mills where fine paper is produced from purchased pulp—wood fiber furnish subdivision] 1 Within the range of 5.0 to 9.0 at all times. Subpart K [NSPS for non-integrated mills where fine paper is produced from purchased pulp—cotton fiber furnish subdivision] 1 Within the range of 5.0 to 9.0 at all times. Subpart K [NSPS for non-integrated mills where lightweight papers are produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times. Subpart K [NSPS for non-integrated mills where lightweight papers are produced from purchased pulp—electrical grade papers subdivision] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.11.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.116 Pretreatment standards for existing sources (PSES). EPA       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 achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984: Subpart K [PSES for non-integrated mills where fine paper is produced from purchased pulp—wood fiber furnish subdivision] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart K [PSES for non-integrated mills where fine paper is produced from purchased pulp—cotton fiber furnish subdivision] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart K [PSES for non-integrated mills where lightweight papers are produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart K [PSES for non-integrated mills where lightweight papers are produced from purchased pulp—electrical grade papers subdivision] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.11.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY K Subpart K—Fine and Lightweight Papers from Purchased Pulp Subcategory   § 430.117 Pretreatment standards for new sources (PSNS). EPA       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 achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart K [PSNS for non-integrated mills where fine paper is produced from purchased pulp—wood fiber furnish subdivision] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart K [PSNS for non-integrated mills where fine paper is produced from purchased pulp—cotton fiber furnish subdivision] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart K [PSNS for non-integrated mills where lightweight papers are produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart K [PSNS for non-integrated mills where lightweight papers are produced from purchased pulp—electrical grade papers subdivision] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.12.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.120 Applicability; description of the tissue, filter, non-woven, and paperboard from purchased pulp subcategory. EPA       The provisions of this subpart are applicable to discharges resulting from the production of tissue papers at non-integrated mills, filter and non-woven papers at non-integrated mills, and paperboard at non-integrated mills. The production of electrical grades of board and matrix board is not included in this subpart.
40:40:32.0.1.1.6.12.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.121 Specialized definitions. EPA       For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
40:40:32.0.1.1.6.12.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.122 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 (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations: Subpart L [BPT effluent limitations for non-integrated mills where tissue papers are produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times. Subpart L [BPT effluent limitations for non-integrated mills where filter and non-woven papers are produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times. Subpart L [BPT effluent limitations for non-integrated mills where paperboard is produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.12.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.123 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.122 of this subpart for the best practicable control technology currently available (BPT).
40:40:32.0.1.1.6.12.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.124 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart L [BAT effluent limitations for non-integrated mills where tissue papers are produced from purchased pulp] Subpart L [BAT effluent limitations for non-integrated mills where filter and non-woven papers are produced from purchased pulp] Subpart L [BAT effluent limitations for non-integrated mills where paperboard is produced from purchased pulp]
40:40:32.0.1.1.6.12.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.125 New source performance standards (NSPS). EPA       Any new source subject to this subpart must achieve the following new source performance standards (NSPS), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations for BOD5 and TSS, but shall be subject to annual average effluent limitations. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply, where provided. Concentration limitations will only apply to non-continuous dischargers. Only facilities where chlorophenolic-containing biocides are used shall be subject to pentachlorophenol and trichlorophenol limitations. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart L [NSPS for non-integrated mills where tissue papers are produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times. Subpart L [NSPS for non-integrated mills where filter and non-woven papers are produced from purchased pulp] 1 Within the range of 5.0 to 9.0 at all times. Subpart L [NSPS for non-integrated mills where paperboard is produced from purchased pulp] ( 1 ) Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.12.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.126 Pretreatment standards for existing sources (PSES). EPA       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 achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984: Subpart L [PSES for non-integrated mills where tissue papers are produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart L [PSES for non-integrated mills where filter and non-woven papers are produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart L [PSES for non-integrated mills where paperboard is produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.12.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY L Subpart L—Tissue, Filter, Non-Woven, and Paperboard From Purchased Pulp Subcategory   § 430.127 Pretreatment standards for new sources (PSNS). EPA       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 achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart L [PSNS for non-integrated mills where tissue papers are produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart L [PSNS for non-integrated mills where filter and non-woven papers are produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart L [PSNS for non-integrated mills where paperboard is produced from purchased pulp] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.2.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.20 Applicability; description of the bleached papergrade kraft and soda subcategory. EPA       The provisions of this subpart apply to discharges resulting from: The production of market pulp at bleached kraft mills; the integrated production of paperboard, coarse paper, and tissue paper at bleached kraft mills; the integrated production of pulp and fine papers at bleached kraft mills; and the integrated production of pulp and paper at soda mills.
40:40:32.0.1.1.6.2.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.21 Specialized definitions. EPA       (a) The general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part apply to this subpart. (b) Baseline BAT limitations or NSPS means the BAT limitations specified in § 430.24(a) (1) or (2), as applicable, and the NSPS specified in § 430.25(b) (1) or (2), as applicable, that apply to any direct discharger that is not “enrolled” in the “Voluntary Advanced Technology Incentives Program.” (c) Enroll means to notify the permitting authority that a mill intends to participate in the “Voluntary Advanced Technology Incentives Program.” A mill can enroll by indicating its intention to participate in the program either as part of its application for a National Pollutant Discharge Elimination System (NPDES) permit, or through separate correspondence to the permitting authority as long as the mill signs the correspondence in accordance with 40 CFR 122.22. (d) Existing effluent quality means the level at which the pollutants identified in § 430.24(a)(1) are present in the effluent of a mill “enrolled” in the “Voluntary Advanced Technology Incentives Program.” (e) Kappa number is a measure of the lignin content in unbleached pulp, determined after pulping and prior to bleaching. (f) Voluntary Advanced Technology Incentives Program is the program established under § 430.24(b) (for existing direct dischargers) and § 430.25(c) (for new direct dischargers) whereby participating mills agree to accept enforceable effluent limitations and conditions in their NPDES permits that are more stringent than the “baseline BAT limitations or NSPS” that would otherwise apply, in exchange for regulatory- and enforcement-related rewards and incentives.
40:40:32.0.1.1.6.2.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.22 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). EPA       (a) 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 (BPT): Subpart B [BPT effluent limitations for bleached kraft facilities where market pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [BPT effluent limitations for bleached kraft facilities where paperboard, coarse paper, and tissue paper are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [BPT effluent limitations for bleached kraft facilities where pulp and fine papers are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [BPT effluent limitations for soda facilities where pulp and paper are produced] 1 Within the range of 5.0 to 9.0 at all times. (b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations: Subpart B [BPT effluent limitations for bleached kraft facilities where market pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [BPT effluent limitations for bleached kraft facilities where paperboard, coarse paper, and tissue paper are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [BPT effluent limitations for bleached kraft facilities where pulp and fine papers are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [BPT effluent limitations for soda facilities where pulp and papers are produced] 1 Within the range of 5.0 to 9.0 at all ti…
40:40:32.0.1.1.6.2.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.23 Effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control 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 pollutant control technology (BCT). The limitations shall be the same as those specified in § 430.22 of this subpart for the best practicable control technology currently available (BPT).
40:40:32.0.1.1.6.2.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.24 Effluent limitations representing the degree of effluent reduction attainable by the application of best available technology economically achievable (BAT). EPA     [63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 64 FR 36586, July 7, 1999] 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) Except as provided in paragraph (b) of this section— (1) The following effluent limitations apply with respect to each fiber line that does not use an exclusively TCF bleaching process, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, permitting authorities may do so as appropriate. c Picograms per liter. d Grams per 1,000 kilograms (g/kkg). e [Reserved] (2) The following effluent limitations apply with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, permitting authorities may do so as appropriate. c [Reserved] (b) The following limitations apply with respect to each fiber line enrolled in the Voluntary Advanced Technology Incentives Program: (1) Stage 1 Limitations: Numeric limitations that are equivalent to the discharger's existing effluent quality or the discharger's current effluent limitations established under CWA section 301(b)(2), whichever are more stringent, for the pollutants identified in paragraph (a)(1) of this section (with the exception of COD). For AOX, the permitting authority must determine existing effluent quality for each fiber line enrolled in the Voluntary Advanced Technolog…
40:40:32.0.1.1.6.2.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.25 New source performance standards (NSPS). EPA     [63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998] New sources subject to this subpart must achieve the following new source performance standards (NSPS), as applicable. (a) The following standards apply to each new source that commenced discharge after June 15, 1988 and before June 15, 1998, provided that the new source was constructed to meet these standards: Subpart B [1982 New Source Performance Standards for bleached kraft facilities where market pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [1982 New Source Performance Standards for bleached kraft facilities where paperboard, coarse paper, and tissue paper are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart B [1982 New Source Performance Standards for bleached kraft facilities where pulp and fine papers are produced and soda facilities where pulp and paper are produced] 1 Within the range of 5.0 to 9.0 at all times. (b) Except as provided in paragraph (c) of this section— (1) The following standards apply with respect to each new source fiber line that does not use an exclusively TCF bleaching process, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22, and that commences discharge after June 15, 1998: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, permitting authorities may do so as appropriate. c Picograms per liter. d Grams per 1,000 kilograms(g/kkg). e [Reserved] 1 Within the range of 5.0 to 9.0 at all times. (2) The following standards apply with respect to each new source fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22, and that commences discharge after June 15, 1998: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b …
40:40:32.0.1.1.6.2.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.26 Pretreatment standards for existing sources (PSES). EPA     [63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998] 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)(1) The following pretreatment standards apply with respect to each fiber line operated by an indirect discharger subject to this section, unless the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b) that it uses exclusively TCF bleaching processes at that fiber line. These pretreatment standards must be attained on or before April 16, 2001: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, pretreatment control authorities may do so as appropriate. c Picograms per liter. d Grams per 1,000 kilograms (g/kkg). e Kilograms per 1,000 kilograms (kg/kkg). (2) The following pretreatment standards apply with respect to each fiber line operated by an indirect discharger subject to this section if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line. These pretreatment standards must be attained on or before April 16, 2001: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, pretreatment control authorities may do so as appropriate. (b) The following pretreatment standards apply to all indirect dischargers, in accordance with the previous subcategorization scheme. An indirect discharger is not required to meet these pretreatment standards if it certifies to the pretreatment control authority that it is not using these compounds as biocides. In cases…
40:40:32.0.1.1.6.2.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.27 Pretreatment standards for new sources (PSNS). EPA     [63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998] 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). (a)(1) The following pretreatment standards apply with respect to each fiber line that is a new source, unless the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12 that it uses exclusively TCF bleaching processes at that fiber line: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, pretreatment control authorities may do so as appropriate. c Picograms per liter. d Grams per 1,000 kilograms (g/kkg). e Kilograms per 1,000 kilograms (kg/kkg). (2) The following pretreatment standards apply with respect to each new source fiber line operated by an indirect discharger subject to this section if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line: Subpart B a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, pretreatment control authorities may do so as appropriate. (b) The following pretreatment standards apply to all new source indirect dischargers, regardless of when they commenced discharge, in accordance with the previous subcategorization scheme. An indirect discharger is not required to meet these pretreatment standards if it certifies to the pretreatment control authority that it is not using these compounds as biocides. In cases when POTWs find it necessary to impose mass-based effluent limitations, equivalent mass limitations are provided as guidance: Subpart B [Suppl…
40:40:32.0.1.1.6.2.4.9 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY B Subpart B—Bleached Papergrade Kraft and Soda Subcategory   § 430.28 Best management practices (BMPs). EPA       The definitions and requirements set forth in 40 CFR 430.03 apply to facilities in this subpart.
40:40:32.0.1.1.6.3.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.30 Applicability; description of the unbleached kraft subcategory. EPA       The provisions of this subpart are applicable to discharges resulting from: the production of pulp and paper at unbleached kraft mills; the production of pulp and paper at unbleached kraft-neutral sulfite semi-chemical (cross recovery) mills; and the production of pulp and paper at combined unbleached kraft and semi-chemical mills, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system.
40:40:32.0.1.1.6.3.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.31 Specialized definitions. EPA       For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
40:40:32.0.1.1.6.3.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.32 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 (BPT): Subpart C [BPT effluent limitations for unbleached kraft facilities] 1 Within the range of 6.0 to 9.0 at all times. Subpart C [BPT effluent limitations for unbleached kraft facilities producing pulp and paper using the unbleached kraft-neutral sulfite semi-chemical (cross recovery) process] 1 Within the range of 6.0 to 9.0 at all times. Subpart C [BPT effluent limitations for unbleached kraft facilities where pulp and paper are produced using a combined unbleached kraft and semi-chemical process, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system] a [Reserved]
40:40:32.0.1.1.6.3.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.33 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT), except that non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations: Subpart C [BCT effluent limitations for unbleached kraft facilities] 1 Within the range of 6.0 to 9.0 at all times. Subpart C [BCT effluent limitations for unbleached kraft-neutral sulfite semi-chemical (cross recovery) process and/or a combined unbleached kraft and semi-chemical process, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system] 1 Within the range of 6.0 to 9.0 at all times.
40:40:32.0.1.1.6.3.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.34 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb), but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart C [BAT effluent limitations for unbleached kraft facilities] Subpart C [BAT effluent limitations for unbleached kraft facilities where pulp and paper are produced using the unbleached kraft-neutral sulfite semi-chemical (cross recovery) process and/or a combined unbleached kraft and semi-chemical process, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system]
40:40:32.0.1.1.6.3.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.35 New source performance standards (NSPS). EPA       Any new source subject to this subpart must achieve the following new source performance standards (NSPS), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations for BOD5 and TSS, but shall be subject to annual average effluent limitations. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply, where provided. Concentration limitations will only apply to non-continuous dischargers. Only facilities where chlorophenolic-containing biocides are used shall be subject to pentachlorophenol and trichlorophenol limitations. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart C [NSPS for unbleached kraft facilities where linerboard is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart C [NSPS for unbleached kraft facilities where bag paper and other mixed products are produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart C [NSPS for unbleached kraft facilities where pulp and paper are produced using the unbleached kraft-neutral sulfite semi-chemical (cross recovery) process and/or a combined unbleached kraft and semi-chemical process, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.3.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.36 Pretreatment standards for existing sources (PSES). EPA       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 achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using those biocides. PSES must be attained on or before July 1, 1984: Subpart C [PSES for unbleached kraft facilities] a The following equivalent mass limitations are provided as guidance in cases where POTWs find it necessary to impose mass effluent limitations. Subpart C [PSES for unbleached kraft facilities where pulp and paper are produced using the unbleached kraft-neutral sulfite semi-chemical (cross recovery) process and/or a combined unbleached kraft and semi-chemical process, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system] a The following equivalent mass limitations are provided as guidance in cases where POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.3.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY C Subpart C—Unbleached Kraft Subcategory   § 430.37 Pretreatment standards for new sources (PSNS). EPA       (a) 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 achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart C [PSNS for unbleached kraft facilities where linerboard is produced] a The following equivalent mass limitations are provided as guidance in cases where POTWs find it necessary to impose mass effluent limitations. Subpart C [PSNS for unbleached kraft facilities where bag paper and other mixed products are produced] a The following equivalent mass limitations are provided as guidance in cases where POTWs find it necessary to impose mass effluent limitations. Subpart C [PSNS for unbleached kraft facilities where pulp and paper are produced using the unbleached kraft-neutral sulfite semi-chemical (cross recovery) process and/or a combined unbleached kraft and semi-chemical process, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system] a The following equivalent mass limitations are provided as guidance in cases where POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.4.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.40 Applicability; description of the dissolving sulfite subcategory. EPA       The provisions of this subpart are applicable to discharges resulting from the production of pulp at dissolving sulfite mills.
40:40:32.0.1.1.6.4.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.41 Specialized definitions. EPA       For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
40:40:32.0.1.1.6.4.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.42 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). EPA       (a) 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 (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations: Subpart D [BPT effluent limitations for dissolving sulfite pulp facilities where nitration grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart D [BPT effluent limitations for dissolving sulfite pulp facilities where viscose grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart D [BPT effluent limitations for dissolving sulfite pulp facilities where cellophane grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart D [BPT effluent limitations for dissolving sulfite pulp facilities where acetate grade pulp is produced] 1 BOD5 effluent limitations were remanded (Weyerhaeuser Company, et al v. Costle, 590 F. 2nd 1011; D.C. Circuit 1978). 2 Within the range of 5.0 to 9.0 at all times. (b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to annual average effluent limitations: Subpart D [BPT effluent limitations] 1 Within the range of 5.0 to 9.0 at all times. (c) The following …
40:40:32.0.1.1.6.4.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.43 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.42 of this subpart for the best practicable control technology currently available (BPT).
40:40:32.0.1.1.6.4.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.44 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart D [BAT effluent limitations for dissolving sulfite pulp facilities where nitration, viscose, or cellophane pulps are produced] Subpart D [BAT effluent limitations for dissolving sulfite pulp facilities where acetate grade pulp is produced]
40:40:32.0.1.1.6.4.4.6 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.45 New source performance standards (NSPS). EPA       Any new source subject to this subpart must achieve the following new source performance standards (NSPS), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations for BOD5 and TSS, but shall be subject to annual average effluent limitations. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply, where provided. Concentration limitations will only apply to non-continuous dischargers. Only facilities where chlorophenolic-containing biocides are used shall be subject to pentachlorophenol and trichlorophenol limitations. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart D [NSPS for dissolving sulfite pulp facilities where nitration grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart D [NSPS for dissolving sulfite pulp facilities where viscose grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart D [NSPS for dissolving sulfite pulp facilities where cellophane grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times. Subpart D [NSPS for dissolving sulfite pulp facilities where acetate grade pulp is produced] 1 Within the range of 5.0 to 9.0 at all times.
40:40:32.0.1.1.6.4.4.7 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.46 Pretreatment standards for existing sources (PSES). EPA       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 achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984: Subpart D [PSES for dissolving sulfite pulp facilities where nitration, viscose, or cellophane grade pulps are produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart D [PSES for dissolving sulfite pulp facilities where acetate grade pulp is produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.4.4.8 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY D Subpart D—Dissolving Sulfite Subcategory   § 430.47 Pretreatment standards for new sources (PSNS). EPA       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 achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides: Subpart D [PSNS for dissolving sulfite pulp facilities where nitration, viscose, or cellophane grade pulps are produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations. Subpart D [PSNS for dissolving sulfite pulp facilities where acetate grade pulp is produced] a The following equivalent mass limitations are provided as guidance in cases when POTWs find it necessary to impose mass effluent limitations.
40:40:32.0.1.1.6.5.4.1 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY E Subpart E—Papergrade Sulfite Subcategory   § 430.50 Applicability; description of the papergrade sulfite subcategory. EPA       The provisions of this subpart apply to discharges resulting from the: Integrated production of pulp and paper at papergrade sulfite mills, where blow pit pulp washing techniques are used; and the integrated production of pulp and paper at papergrade sulfite mills where vacuum or pressure drums are used to wash pulp.
40:40:32.0.1.1.6.5.4.2 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY E Subpart E—Papergrade Sulfite Subcategory   § 430.51 Specialized definitions. EPA       (a) Except as provided in paragraphs (b) and (c) of this section, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part apply to this subpart. (b) Sulfite cooking liquor is defined as bisulfite cooking liquor when the pH of the liquor is between 3.0 and 6.0 and as acid sulfite cooking liquor when the pH is less than 3.0. (c) For this subpart, the segments for the papergrade sulfite subcategory are defined as follows: (1) The calcium-, magnesium-, or sodium-based sulfite pulp segment consists of papergrade sulfite mills where pulp and paper are produced using an acidic cooking liquor of calcium, magnesium, or sodium sulfite, unless those mills are specialty grade sulfite mills; (2) The ammonium-based sulfite pulp segment consists of papergrade sulfite mills where pulp and paper are produced using an acidic cooking liquor of ammonium sulfite, unless those mills are specialty grade sulfite mills; (3) The specialty grade sulfite pulp segment consists of those papergrade sulfite mills where a significant portion of production is characterized by pulp with a high percentage of alpha cellulose and high brightness sufficent to produce end products such as plastic molding compounds, saturating and laminating products, and photographic papers. The specialty grade segment also includes those mills where a major portion of production is 91 ISO brightness and above.
40:40:32.0.1.1.6.5.4.3 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY E Subpart E—Papergrade Sulfite Subcategory   § 430.52 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). EPA       (a) 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 (BPT): Subpart E [Bisulfite liquor/surface condensers; BPT effluent limitations for papergrade sulfite facilities where blow pit washing techniques are used] 1 Within the range of 5.0 to 9.0 at all times. Subpart E [Bisulfite liquor/barometric condensers; BPT effluent limitations for papergrade sulfite facilities where blow pit washing techniques are used] 1 Within the range of 5.0 to 9.0 at all times. Subpart E [Acid sulfite liquor/surface condensers; BPT effluent limitations for papergrade sulfite facilities where blow pit washing techniques are used] 1 Within the range of 5.0 to 9.0 at all times. Subpart E [Acid sulfite liquor/barometric condensers; BPT effluent limitations for papergrade sulfite facilities where blow pit washing techniques are used] 1 Within the range of 5.0 to 9.0 at all times. Subpart E [Bisulfite liquor/surface condensers; BPT effluent limitations for papergrade sulfite facilities where vacuum or pressure drums are used to wash pulp] 1 Within the range of 5.0 to 9.0 at all times. Note: Limitations above do not apply to mills using continuous digesters. Subpart E [Bisulfite liquor/barometric condensers; BPT effluent limitations for papergrade sulfite facilities where vacuum or pressure drums are used to wash pulp] 1 Within the range of 5.0 to 9.0 at all times. Note: Limitations above do not apply to mills using continuous digesters. Subpart E [Acid sulfite liquor/surface condensers; BPT effluent limitations for papergrade sulfite facilities where vacuum or pressure drums are used to wash pulp] 1 Within the range of 5.0 to 9.0 at all times. Note: Limitations above do not apply to mills using continuous digesters. Subpart E [Acid sulfite liquor/barometric condensers; BP…
40:40:32.0.1.1.6.5.4.4 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY E Subpart E—Papergrade Sulfite Subcategory   § 430.53 Effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control 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 pollutant control technology (BCT). The limitations shall be the same as those specified for conventional pollutants in § 430.52 of this subpart for the best practicable control technology currently available (BCT).
40:40:32.0.1.1.6.5.4.5 40 Protection of Environment I N 430 PART 430—THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY E Subpart E—Papergrade Sulfite Subcategory   § 430.54 Effluent limitations representing the degree of effluent reduction attainable by the application of best available technology economically achievable (BAT). 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 available technology economically achievable (BAT). (a)(1) The following effluent limitations apply to all dischargers in the calcium-, magnesium-, or sodium-based sulfite pulp segment: Subpart E [Production of Calcium-, Magnesium-, or Sodium-based Sulfite Pulps] a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, permitting authorities may do so as appropriate. c [Reserved] (2)(i) The following effluent limitations apply to all dischargers in the ammonium-based sulfite pulp segment: Subpart E—Production of Ammonium-Based Sulfite Pulps a These limitations do not apply with respect to fiber lines that use a TCF bleaching process as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22. b “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. c This regulation does not specify this type of limitation for this pollutant; however, permitting authorities may do so as appropriate. d [Reserved] (ii) The following effluent limitations apply to all dischargers in the ammonium-based sulfite pulp segment with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22: Subpart E—Production of Ammonium-Based Sulfite Pulps a “<ML” means less than the minimum level specified in § 430.01(i) for the particular pollutant. b This regulation does not specify this type of limitation for this pollutant; however, permitting authorities may do so as appropriate. c [Reserved] (3)(i) The following effluent limitat…

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