[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR420.04]



[Page 392]

 

                   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 pretreatment 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]