40 CFR § 430.35 - New source performance standards (NSPS).
---
identifier: "/us/cfr/t40/s430.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 430.35 - New source performance standards (NSPS)."
title_number: 40
title_name: "Protection of Environment"
section_number: "430.35"
section_name: "New source performance standards (NSPS)."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "N"
subchapter_name: "EFFLUENT GUIDELINES AND STANDARDS"
part_number: "430"
part_name: "THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sections 301, 304, 306, 307, 308, 402, and 501 of the Clean Water Act, as amended, (33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361), and Section 112 of the Clean Air Act, as amended (42 U.S.C. 7412)."
regulatory_source: "63 FR 18635, Apr. 15, 1998, unless otherwise noted."
cfr_part: "430"
---
# 430.35 New source performance standards (NSPS).
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]
| | | | |
| --- | --- | --- | --- |
| BOD5 | 3.4 | 1.8 | 0.94 |
| TSS | 5.8 | 3.0 | 1.6 |
| pH | () | () | () |
| | | |
| --- | --- | --- |
| Pentachlorophenol | 0.00058 | (0.015)(9.4)/y |
| Trichlorophenol | 0.00053 | (0.013)(9.4)/y |
| y = wastewater discharged in kgal per ton at all times. | | |
| 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]
| | | | |
| --- | --- | --- | --- |
| BOD5 | 5.0 | 2.71 | 1.4 |
| TSS | 9.1 | 4.8 | 2.5 |
| pH | () | () | () |
| | | |
| --- | --- | --- |
| Pentachlorophenol | 0.00058 | (0.012)(11.4)/y |
| Trichlorophenol | 0.00053 | (0.011)(11.4)/y |
| y = wastewater discharged in kgal per ton at all times. | | |
| 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]
| | | | |
| --- | --- | --- | --- |
| BOD5 | 3.9 | 2.1 | 1.1 |
| TSS | 7.3 | 3.8 | 1.9 |
| pH | () | () | () |
| | | |
| --- | --- | --- |
| Pentachlorophenol | 0.00064 | (0.013)(11.5)/y |
| Trichlorophenol | 0.00059 | (0.012)(11.5)/y |
| y = wastewater discharged in kgal per ton at all times. | | |
| Within the range of 5.0 to 9.0 at all times. | | |