New source.

New source.
(1) Notwithstanding the criteria codified at 40 CFR 122.29(b)(1), a source subject to subpart B or E of this part is a “new source” if it meets the definition of “new source” at 40 CFR 122.2 and:
(i) It is constructed at a site at which no other source is located; or
(ii) It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, including the total replacement of a fiber line that causes the discharge of pollutants at an existing source, except as provided in paragraph (j)(2) of this section; or
(iii) Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Director shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.
(2) The following are examples of changes made by mills subject to subparts B or E of this part that alone do not cause an existing mill to become a “new source”:
(i) Upgrades of existing pulping operations;
(ii) Upgrades or replacement of pulp screening and washing operations;
(iii) Installation of extended cooking and/or oxygen delignification systems or other post-digester, pre-bleaching delignification systems;
(iv) Bleach plant modifications including changes in methods or amounts of chemical applications, new chemical applications, installation of new bleaching towers to facilitate replacement of sodium or calcium hypochlorite, and installation of new pulp washing systems; or
(v) Total replacement of process or production equipment that causes the discharge of pollutants at an existing source (including a replacement fiber line), but only if such replacement is performed for the purpose of achieving limitations that have been included in the discharger's NPDES permit pursuant to § 430.24(b).

Source

40 CFR § 430.01


Scoping language

In addition to the definitions set forth in 40 CFR part 401 and 40 CFR 403.3, the following definitions apply to this part:

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