[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR420.04]

[Page 394]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 420-IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY--Table of Contents
 
Sec. 420.04  Calculation of pre[chyph]treat[chyph]ment standards.

    (a) Pretreatment standards shall be calculated for each operation 
using the applicable average rate of production reported by the owner or 
operator of the facility to the Control Authority in accordance with 40 
CFR 403.12(b)(3).
    (b) The average rate of production reported by the owner or operator 
in accordance with 40 CFR 403.12(b)(3) shall be based not upon the 
design production capacity but rather upon a reasonable measure of 
actual production of the facility, such as the production during the 
high month of the previous year, or the monthly average for the highest 
of the previous 5 years. For new sources or new dischargers, actual 
production shall be estimated using projected production.
    (c) If, due to a change of circumstances, the average rate of 
production for an operation reported by the owner or operator of the 
facility to the Control Authority in accordance with 40 CFR 403.12(b)(3) 
does not represent a reasonable measure of actual production of that 
operation, the owner or operator must submit to the Control Authority a 
modified average rate of production.

[49 FR 21029, May 17, 1984; 49 FR 24726, June 15, 1984; 49 FR 25634, 
June 22, 1984]