40 CFR § 423.10 - Applicability and severability.

---
identifier: "/us/cfr/t40/s423.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 423.10 - Applicability and severability."
title_number: 40
title_name: "Protection of Environment"
section_number: "423.10"
section_name: "Applicability and severability."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "N"
subchapter_name: "EFFLUENT GUIDELINES AND STANDARDS"
part_number: "423"
part_name: "STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1251  1311; 1314(b), (c), (e), (g), and (i)(A) and (B); 1316; 1317; 1318 and 1361."
regulatory_source: "47 FR 52304, Nov. 19, 1982, unless otherwise noted."
cfr_part: "423"
---


# 423.10 Applicability and severability.

(a) *Applicability.* The provisions of this part apply to discharges resulting from the operation of a generating unit by an establishment whose generation of electricity is the predominant source of revenue or principal reason for operation, and whose generation of electricity results primarily from a process utilizing fossil-type fuel (coal, oil, or gas), fuel derived from fossil fuel (*e.g.,* petroleum coke, synthesis gas), or nuclear fuel in conjunction with a thermal cycle employing the steam water system as the thermodynamic medium. This part applies to discharges associated with both the combustion turbine and steam turbine portions of a combined cycle generating unit.

(b) *Severability.* The provisions of this part are separate and severable from one another. If any provision is stayed or determined to be invalid, the remaining provisions shall continue in effect.

[89 FR 40293, May 9, 2024]