CODE OF FEDERAL REGULATIONS40
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.
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Title 1 through Title 16
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Title 28 through Title 41
Title 42 through Title 50
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Title 40—
Chapter I—Environmental Protection Agency appears in all twenty-four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts 150-189. A Toxic Substances Chemical—CAS Number Index appears in parts 700-789 and part 790 to End. Redesignation Tables appear in the volumes containing parts 50-51, parts 150-189, and parts 700-789. Regulations issued by the Council on Environmental Quality appear in the volume containing part 790 to End. The OMB control numbers for title 40 appear in § 9.1 of this chapter.
For this volume, Shelley C. Featherson was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.
(This book contains parts 425 to 699)
33 U.S.C. 1311, 1314 (b), (c), (e) and (g), 1316 (b) and (c), 1317 (b) and (c), 1318 and 1361.
This part applies to any leather tanning and finishing facility which discharges or may discharge process wastewater pollutants to the waters of the United States, or which introduces or may introduce process wastewater pollutants into a publicly owned treatment works.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) “Sulfide” shall mean total sulfide as measured by the potassium ferricyanide titration method described in Appendix A or the modified Monier-Williams method described in Appendix B.
(b) “Hide” means any animal pelt or skin as received by a tannery as raw material to be processed.
(c) “Retan-wet finish” means the final processing steps performed on a tanned hide including, but not limited to, the following wet processes: retan, bleach, color, and fatliquor.
(d) “Hair pulp” means the removal of hair by chemical dissolution.
(e) “Hair save” means the physical or mechanical removal of hair which has not been chemically dissolved, and either selling the hair as a by-product or disposing of it as a solid waste.
(f) “Chrome tan” means the process of converting hide into leather using a form of chromium.
(g) “Vegetable tan” means the process of converting hides into leather using chemicals either derived from vegetable matter or synthesized to produce effects similar to those chemicals.
(h) “Raw material” means the hides received by the tannery except for facilities covered by subpart D and subpart I where “raw material” means the hide or split in the condition in which it is first placed into a wet process.
(i) “Monthly average” means the arithmetic average of eight (8) individual data points from effluent sampling and analysis during any calendar month.
(j) “Interference” means the discharge of sulfides in quantities which can result in human health hazards and/or risks to human life, and an inhibition or disruption of POTW as defined in 40 CFR 403.3(i).
(a) The potassium ferricyanide titration method described in appendix A to part 425 shall be used whenever practicable for the determination of sulfide in wastewaters discharged by plants operating in all subcategories except the hair save or pulp, non-chrome tan, retan-wet finish subcategory (subpart C,
(b) The modified Monier-Williams method as described in appendix B to part 425 shall be used for the determination of sulfide in wastewaters discharged by plants operating in the hair save or pulp, non-chrome tan, retan-wet finish subcategory (subpart C,
(a) A POTW receiving wastewater from a facility subject to this part may require more stringent pretreatment standards for sulfide than those established by this part without EPA approval.
(b) The pretreatment standards for sulfide established by this part will not
(1) The presence and characteristics, of other industrial wastewaters which can increase or decrease sulfide concentrations, pH, or both.
(2) The characteristics of the sewer/interceptor collection system which either minimize or enhance opportunities for release of hydrogen sulfide gas.
(3) The characteristics of the receiving POTWs headworks, preliminary and primary treatment systems, and sludge holding and dewatering facilities which either minimize or enhance opportunities for release of hydrogen sulfide gas.
(4) The occurrence of any prior sulfide related interference as defined in § 425.02(j).
(c)(1) On October 13, 1983, a POTW which intends to certify that the sulfide pretreatment standard should not apply must publish, in a local newspaper with the largest circulation, a notice that presents the findings supporting this determination consistent with paragraph (a) of this section. Allowance for public hearing of these findings also must be provided. The POTW shall identify all existing facilities to which the sulfide pretreatment standard otherwise established by this part would not apply.
(2) On January 11, 1984, a POTW which intends to certify that the sulfide pretreatment standard should not apply must file a written certification with the Regional Water Management Division Director, Environmental Protection Agency, in the appropriate Regional Office. This certification shall include the findings supporting this determination and the results of public comments, and public hearing(s) if held.
(3) On February 10, 1984, EPA shall acknowledge to the POTW receipt of any certification submitted under paragraphs (c) (1) and (2) of this section, and shall indicate to the POTW the adequacy of the submission based upon a review of the factors set forth in paragraph (b) of this section.
(4) Within 30 days of the date of receipt of adequate submissions under paragraphs (c) (1), (2), and (3) of this section, EPA shall publish a notice in the
(5) A POTW may certify that the sulfide pretreatment standards of this part should not apply to a new source planning to discharge into the POTW. This certification must be submitted prior to the commencement of discharge, and must conform at a minimum with criteria in paragraph (b) of this section and the general procedures and intervals of time contained in paragraphs (c) (1), (2), (3), and (4) of this section.
(d)(1) If, after EPA and the POTW have determined in accordance with this section that the sulfide pretreatment standards of this part are not applicable to specified facilities, a POTW then determines that there have been changed circumstances (including but not limited to changes in the factors specified in paragraph (b) of this section) which justify application of the sulfide pretreatment standards, the POTW shall revoke the certification submitted under paragraph (c) of this section. The POTW and EPA shall then adhere to the general procedures and time intervals contained in paragraph (c) of this section in order to determine whether the sulfide pretreatment standards contained in this part are applicable.
(2) If pursuant to paragraph (d)(1) of this section, the sulfide pretreatment standards of this part are applicable to a specified facility, the indirect discharger shall comply with the sulfide pretreatment standards no later than 18 months from the date of publication of the
(e) At any time after October 13, 1983, if a POTW determines that there have been changed circumstances (including but not limited to changes in the factors specified in paragraph (b) of this
The compliance date for new source performance standards (NSPS) and pretreatment standards for new sources (PSES) is the date the new source commences discharge. The compliance date for BPT effluent limitations and guidelines and pretreatment standards for existing sources to no later than March 31, 1989.
Compliance with monthly average discharge limitations is required regardless of the number of samples analyzed and averaged.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which, either exclusively or in addition to other unhairing and tanning operation, processes raw or cured cattle or cattle-like hides into finished leather by chemically dissolving the hide hair, chrome tanning, and retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a) Except as provided in § 425.04 and 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR Part 403, and achieve the following pretreatment standards:
(b) Any existing source subject to this subpart which processes less than 275 hides/day shall comply with § 425.15(a), except that the total chromium limitations contained in § 425.15(a) do not apply.
Except as provided in 40 CFR 403.7 and 425.04, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR Part 403, and achieve the pretreatment standards contained in § 425.15.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes raw or cured cattle or cattle-like hides into finished leather by hair save unhairing, chrome tanning, and retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.21.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in § 425.04 and 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR Part 403, and achieve the following pretreatment standards:
Except as provided in 40 CFR 403.7 and 425.04, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR Part 403, and achieve the pretreatment standards contained in § 425.25.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes raw or cured cattle or cattle-like hides into finished leather by hair save or pulp unhairing, vegetable tanning or alum, syntans, oils and other agents for tanning, and retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.31.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a) Except as provided in § 425.04 and 40 CFR 403.7 and 403.13, any existing sources subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR Part 403, and achieve the following pretreatment standards:
(b) Any existing source subject to this subpart which processes less than 350 hides/day shall comply with § 425.35(a), except that the Total Chromium limitations contained in § 425.35(a) do not apply.
Except as provided in 40 CFR 403.7 and 425.04, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR Part 403, and achieve the pretreatment standards contained in § 425.35.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes previously tanned hides and skins (grain side only) into finished leather by retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.41.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the following pretreatment standards:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the pretreatment standards contained in § 425.45.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes cattle hides, sheepskins, or splits (hair previously removed and pickled) into finished leather by chrome or non-chrome tanning, and retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.51
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the pretreatment standards contained in § 425.55.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes raw or cured cattle or cattle-like hides through the blue tanned state by hair pulp unhairing and chrome tanning; no retan-wet finishing is performed.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.61.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in § 425.04 and 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the following pretreatment standards:
Except as provided in 40 CFR 403.7 and 425.04, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment must comply with 40 CFR part 403, and must achieve the pretreatment standards contained in § 425.65.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes raw or cured sheep or sheep-like skins with the wool or hair retained into finished leather by chrome tanning, and retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.71.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the following pretreatment standards:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and must achieve the pretreatment standards contained in § 425.75.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes raw or cured pigskins into finished leather by chemically dissolving or pulping the hair and tanning with chrome, then retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.81.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in § 425.04 and 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the following pretreatment standards:
Except as provided in 40 CFR 403.7 and 425.04, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the pretreatment standards contained in § 425.85.
The provisions of this subpart are applicable to process wastewater discharges resulting from any tannery which processes previously unhaired and tanned splits into finished leather by retan-wet finishing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The effluent limitations are those for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): The effluent limitations are those for Total Chromium contained in § 425.91.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and must achieve the following pretreatment standards:
(b) Any existing source subject to this subpart which processes less than 3,600 splits/day shall comply with § 425.95(a), except that the total chromium limitations contained in § 425.95(a) do not apply.
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, and achieve the pretreatment standards contained in § 425.95.
The potassium ferricyanide titration method is based on method SLM 4/2 described in “Official Method of Analysis,” Society of Leather Trades’ Chemists, Fourth Revised Edition, Redbourn, Herts., England, 1965.
The buffered sulfide solution is titrated with standard potassium ferricyanide solution in the presence of a ferrous dimethylglyoxime ammonia complex. The sulfide is oxidized to sulfur. Sulfite interferes and must be precipitated with barium chloride. Thiosulfate is not titrated under the conditions of the determination (Charlot, “Ann. chim, anal,”, 1945, 27, 153; Booth; “J. Soc. Leather Trades’ Chemists,” 1956, 40, 238).
Burrette, 10 ml.
1. Preparation of 0.02N potassium ferricyanide; Weigh to the nearest tenth of a gram 6.6 g. of analytical reagent grade potassium ferricyanide and dissolve in 1 liter distilled water. Store in an amber bottle in the dark. Prepare fresh each week.
2. Standardization of ferricyanide solution: Transfer 50 ml. of solution to a 250 ml. Erlenmeyer flask. Add several crystals of potassium iodide (about 1 g.), mix gently to dissolve, add 1 ml. of 6N hydrochloric acid, stopper the flask, and swirl gently. Let stand for two minutes, add 10 ml. of a 30 percent zinc sulfate solution, and titrate the mixture containing the gelatinous precipitate with standardized sodium thiosulfate or phenylarsine oxide titrant in the range of 0.025-0.050N Add 1 ml. of starch indicator solution after the color has faded to a pale yellow, and continue the titration to the disappearance of the blue color. Calculate the normality of the ferricyanide solution using the equation:
3. Preparation of 6M ammonium chloride buffer, pH 9.3: Dissolve 200 g. ammonium chloride in approximately 500 ml. distilled water, add 200 ml. 14M reagent grade ammonium hydroxide and make up to 1 liter with distilled water. The buffer should be prepared in a hood. Store in a tightly stoppered container.
4. Preparation of 0.05M barium chloride solution: Dissolve 12-13 g. barium chloride dihydrate in 1 liter of distilled water.
5. Preparation of ferrous dimethylglyoxime indicator solution: Mix 10 ml. 0.6 percent ferrous sulfate, 50 ml. 1 percent dimethylglyoxime in ethanol, and 0.5 ml. concentrated sulfuric acid.
6. Preparation of stock sulfide standard, 1000 ppm: Dissolve 2.4 g. reagent grade sodium sulfide in 1 liter of distilled water. Store in a tightly stoppered container. Diluted working standards must be prepared fresh daily and their concentrations determined by EPA test procedure 376.1 (see 40 CFR 136.3, Table IB, parameter 66 (49 FR 43234, October 26, 1984, with correction notice at 50 FR 690, January 4, 1985)) immediately prior to use.
7. Preparation of 10N NaOH: Dissolve 400 g. of analytical reagent grade NaOH in 1 liter distilled water.
Samples are to be field filtered (gravity or pressure) with coarse filter paper (Whatman 4 or equivalent) immediately after collection. Filtered samples must be preserved by adjustment to pH> 12 with 10N NaOH. Sample containers must be covered tightly and stored at 4
1. Transfer 100 ml. of sample to be analyzed, or a suitable portion containing not more than 15 mg. sulfide supplemented to 100 ml. with distilled water, to a 250 ml. Erlenmeyer flask.
2. Adjust the sample to pH 8.5-9.5 with 6N HC1.
3. Add 20 ml. of 6M ammonium chloride buffer (pH 9.3), 1 ml. of ferrous dimethylglyoxime indicator, and 25 ml. of 0.05M barium chloride. Mix gently, stopper, and let stand for 10 minutes.
4. After 10 minutes titrate with standardized potassium ferricyanide to disappearance of pink color. The endpoint is reached when
2. Report results to two significant figures.
1. Each laboratory that uses this method is required to operate a formal quality control program. The minimum requirements of this program consist of an initial demonstration of laboratory capability and the analysis of replicate and spiked samples as a continuing check on performance. The laboratory is required to maintain performance records to define the quality of data that is generated. Ongoing performance checks must be compared with established performance criteria to determine if the results of analyses are within precision and accuracy limits expected of the method.
2. Before performing any analyses, the analyst must demonstrate the ability to generate acceptable precision and accuracy with this method by performing the following operations.
(a) Perform four replicate analyses of a 20 mg./l. sulfide standard prepared in distilled water (see paragraph 6 under “Reagents” above).
(b)(1) Calculate clean water precision and accuracy in accordance with standard statistical procedures. Clean water acceptance limits are presented in paragraph 2(b)(2) below. These criteria must be met or exceeded before sample analyses can be initiated. A clean water standard must be analyzed with each sample set and the established criteria met for the analysis to be considered under control.
(2) Clean water precision and accuracy acceptance limits: For distilled water samples containing from 5 mg./l. to 50 mg./l. sulfide, the mean concentration from four replicate analyses must be within the range of 50 to 110 percent of the true value.
3. The Method Detection Limits (MDL) should be determined periodically by each participating laboratory in accordance with the procedures specified in “Methods for Chemical Analysis of Municipal and Industrial Wastewater,” EPA-660/4-82-057, July 1982, EMSL, Cincinnati, OH 45268. For the convenience of the user, these procedures are contained in appendix C to part 425.
4. A minimum of one spiked and one duplicate sample must be performed for each analytical event, or five percent spikes and five percent duplicates when the number of samples per event exceeds twenty. Spike levels are to be at the MDL (see paragraph 3 above for MDL samples) and at x where x is the concentration found if in excess of the MDL. Spike recovery must be 40 to 120 percent for the analysis of a particular matrix type to be considered valid. If a sample or matrix type provides performance outside these acceptance limits, the analyses must be repeated using the modified Monier-Williams procedures described in appendix B to this part.
5. Report results in mg./liter. When duplicate and spiked samples are analyzed, report all data with the sample results.
Hydrogen sulfide is liberated from an acidified sample by distillation and purging with nitrogen gas (N
(See Figure 1.) * Catalogue numbers are given only to provide a more complete description of the equipment necessary, and do not constitute a manufacturer or vendor endorsement.
Heating mantel and control (VWR Cat. No. 33752-464)
1000 ml. distilling flask with three 24/40 joints (VWR Cat. No. 29280-215)
Friedricks condenser with two 24/40 joints (VWR Cat. No. 23161-009)
1. Potassium hydroxide, 6N: Dissolve 340 g. of analytical reagent grade KOH in 1 liter distilled water.
2. Sodium hydroxide, 6N: Dissolve 240 g. of analytical reagent grade NaOH in 1 liter distilled water.
3. Sodium hydroxide, 0.03N: Dilute 5.0 ml. of 6N NaOH to 1 liter with distilled water.
4. Hydrochloric acid, 6N: Dilute 500 ml. of concentrated HCl to 1 liter with distilled water.
5. Potassium phosphate stock buffer, 0.5M: Dissolve 70 g. of monobasic potassium phosphate in approximately 800 ml. distilled water. Adjust pH to 7.0
6. Potassium phosphate buffer, 0.05M: Dilute 1 volume of 0.5M potassium phosphate stock buffer with 9 volumes of distilled water. Solution is stable for one month at 4
7. Alkaline 3% hydrogen peroxide: Dilute 1 volume of 30 percent hydrogen peroxide with
8. Preparation of stock sulfide standard, 1000 ppm.: Dissolve 2.4 g. reagent grade sodium sulfide in 1 liter of distilled water. Store in a tightly stoppered container. Diluted working standards must be prepared fresh daily and their concentrations determined by EPA test procedure 376.1 immediately prior to use (see 40 CFR 136.3, Table IB, parameter 66 (49 FR 43234, October 26, 1984, and correction notice at 50 FR 690, January 4, 1985)).
Preserve unfiltered wastewater samples immediately after collection by adjustment to pH>9 with 6N NaOH and addition of 2 ml. of 2N zinc acetate per liter. This amount of zinc acetate is adequate to preserve 64 mg./l. sulfide under ideal conditions. Sample containers must be covered tightly and stored at 4
1. Place 50 ml. of 0.05M pH 7.0 potassium phosphate buffer in Trap No. 1.
2. Place 50 ml. of alkaline 3 percent hydrogen peroxide in Trap No. 2.
3. Sample introduction and N
4. Volatilization of H
5. Analysis: Analyze the contents of Trap No. 2 for sulfate according to either EPA gravimetric test procedure 375.3 or EPA turbidimetric test procedure 375.4 (see 40 CFR 136.3, Table IB, parameter 65 (49 FR 43234, October 26, 1984, and correction notice at 50 FR 690, January 4, 1985)). Use the result to calculate mg./l. of sulfide in wastewater sample.
1. Gravimetric procedure:
2. Turbidimetric procedure:
3. Report results to two significant figures.
1. Each laboratory that uses this method is required to operate a formal quality control program. The minimum requirements of this program consist of an initial demonstration of laboratory capability and the analysis of replicate and spiked samples as a continuing check on performance. The laboratory is required to maintain performance records to define the quality of data that is generated. Ongoing performance checks must be compared with established performance criteria to determine if the results of analyses are within precision and accuracy limits expected of the method.
2. Before performing any analyses, the analyst must demonstrate the ability to generate acceptable accuracy and precision by performing the following operations.
(a) Perform four replicate analyses of a 20 mg./l. sulfide standard prepared in distilled water (see paragraph 8 under “Reagents” above).
(b)(1) Calculate clean water precision and accuracy in accordance with standard statistical procedures. Clean water acceptance limits are presented in paragraph 2(b)(2)
(2) Clean water precision and accuracy acceptance limits: For distilled water samples containing from 5 mg./l. to 50 mg./l. sulfide, the mean concentration from four replicate analyses must be within the range of 72 to 114 percent of the true value.
3. The Method Detection Limit (MDL) should be determined periodically by each participating laboratory in accordance with the procedures specified in “Methods for Chemical Analysis of Municipal and Industrial Wastewater,” EPA-600/4-82-057, July 1982, EMSL, Cincinnati, OH 45268. For the convenience of the user, these procedures are contained in appendix C to part 425.
4. A minimum of one spiked and one duplicate sample must be run for each analytical event, or five percent spikes and five percent duplicates when the number of samples per event exceeds twenty. Spike levels are to be at the MDL (see paragraph 3 above for MDL samples) and at x when x is the concentration found if in excess of the MDL. Spike recovery must be 60 to 120 percent for the analysis of a particular matrix type to be considered valid.
5. Report all results in mg./liter. When duplicate and spiked samples are analyzed, report all data with the sample results.
The
This procedure is designed for applicability to a wide variety of sample types ranging from reagent (blank) water containing analyte to wastewater containing analyte. The MDL for an analytical procedure may vary as a function of sample type. The procedure requires a complete, specific and well defined analytical method. It is essential that all sample processing steps of the analytical method be included in the determination of the method detection limit.
The MDL obtained by this procedure is used to judge the significance of a single measurement of a future sample.
The MDL procedure was designed for applicability to a broad variety of physical and chemical methods. To accomplish this, the procedure was made device- or instrument-independent.
1. Make an estimate of the detection limit using one of the following:
(a) The concentration value that corresponds to an instrument signal/noise ratio in the range of 2.5 to 5. If the criteria for qualitative identification of the analyte is based upon pattern recognition techniques, the least abundant signal necessary to achieve identification must be considered in making the estimate.
(b) The concentration value that corresponds to three times the standard deviation of replicate instrumental measurements for the analyte in reagent water.
(c) The concentration value that corresponds to the region of the standard curve where there is a significant change in sensitivity at low analyte concentrations, i.e., a break in the slope of the standard curve.
(d) The concentration value that corresponds to known instrumental limitations.
It is recognized that the experience of the analyst is important to this process. However, the analyst must include the above considerations in the estimate of the detection limit.
2. Prepare reagent (blank) water that is as free of analyte as possible. Reagent or interference free water is defined as a water sample in which analyte and interferent concentrations are not detected at the method detection limit of each analyte of interest. Interferences are defined as systematic errors in the measured analytical signal of an established procedure caused by the presence of interfering species (interferent). The interferent concentration is presupposed to be normally distributed in representative samples of a given matrix.
3. (a) If the MDL is to be determined in reagent water (blank), prepare a laboratory standard (analyte in reagent water) at a concentration which is at least equal to or in the same concentration range as the estimated MDL. (Recommended between 1 and 5 times the estimated MDL.) Proceed to Step 4.
(b) If the MDL is to be determined in another sample matrix, analyze the sample. If the measured level of the analyte is in the recommended range of one to five times the estimated MDL, proceed to Step 4.
If the measured concentration of analyte is less than the estimated MDL, add a known
If the measured level of analyte is greater than five times the estimated MDL, there are two options:
(1) Obtain another sample of lower level of analyte in same matrix if possible.
(2) The sample may be used as is for determining the MDL if the analyte level does not exceed 10 times the MDL of the analyte in reagent water. The variance of the analytical method changes as the analyte concentration increases from the MDL, hence the MDL determined under these circumstances may not truly reflect method variance at lower analyte concentrations.
4. (a) Take a minimum of seven aliquots of the sample to be used to calculate the MDL and process each through the entire anlaytical method. Make all computations according to the defined method with final results in the method reporting units. If blank measurements are required to calculate the measured level of analyte, obtain separate blank measurements for each sample aliquot anlayzed. The average blank measurement is subtracted from the respective sample measurements.
(b) It may be economically and technically desirable to evaluate the estimated MDL before proceeding with 4a. This will: (1) Prevent repeating this entire procedure when the costs of analyses are high and (2) insure that the procedure is being conducted at the correct concentration. It is quite possible that an incorrect MDL can be calculated from data obtained at many times the real MDL even though the background concentration of analyte is less than five times the calculated MDL. To insure that the estimate of the MDL is a good estimate, it is necessary to determine that a lower concentration of analyte will not result in a significantly lower MDL. Take two aliquots of the sample to be used to calculate the MDL and process each through the entire method, including blank measurements as described above in 4a. Evaluate these data:
(1) If these measurements indicate the sample is in the desirable range for determining the MDL, take five additional aliquots and proceed. Use all seven measurements to calculate the MDL.
(2) If these measurements indicate the sample is not in the correct range, reestimate the MDL, obtain new sample as in 3 and repeat either 4a or 4b.
5. Calculate the variance (S
6. (a) Compute the MDL as follows:
(b) The 95 percent confidence limits for the MDL derived in 6a are computed according to the following equations derived from percentiles of the chi square over degrees of freedom distribution (X2/df) and calculated as follows:
7. Optional iterative procedure to verify the reasonableness of the estimated MDL and calculated MDL of subsequent MDL determinations.
(a) If this is the initial attempt to compute MDL based on the estimated MDL in Step 1, take the MDL as calculated in Step 6, spike in the matrix at the calculated MDL and proceed through the procedure starting with Step 4.
(b) If the current MDL determination is an iteration of the MDL procedure for which the spiking level does not permit qualitative identification, report the MDL as that concentration between the current spike level and the previous spike level which allows qualitative identification.
(c) If the current MDL determination is an iteration of the MDL procedure and the spiking level allows qualitative identification, use S
(d) Use the S
(e) The 95 percent confidence limits for MDL derived in 7c are computed according to the following equations derived from percentiles of the chi squared over degrees of freedom distribution.
MDL
MDL
The analytical method used must be specifically identified by number or title and the MDL for each analyte expressed in the appropriate method reporting units. If the analytical method permits options which affect the method detection limit, these conditions must be specified with the MDL value. The sample matrix used to determine the MDL must also be identified with the MDL value. Report the mean analyte level with the MDL. If a laboratory standard or a sample that contained a known amount analyte was used for this determination, report the mean recovery, and indicate if the MDL determination was iterated.
If the level of the analyte in the sample matrix exceeds 10 times the MDL of the analyte in reagent water, do not report a value for the MDL.
Glaser, J.A., Foerst, D.L., McKee, G.D., Quave, S.A., and Budde, W.L., “Trace Analysis for Wastewaters,” Environmental Science and Technology, 15, 1426 (1981).
Secs. 301, 304 (b) and (c), 306 (b) and (c), 307(c), and 316(b) of the Federal Water Pollution Control Act, as amended; 33 U.S.C. 1251, 1311, 1314, 1316 (b) and (c), 1317(b); 86 Stat. 816 et seq., Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
The provisions of this subpart are applicable to discharges resulting from the production of insulation fiberglass in which molten glass is either directly or indirectly made, continuously fiberized and chemically bonded into a wool-like material.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “cullet water” shall mean that water which is exclusively and directly applied to molten glass in order to solidify the glass.
(c) The term “advanced air emission control devices” shall mean air pollution control equipment, such as electrostatic precipitators and high energy scrubbers, that are used to treat an air discharge which has been treated initially by equipment including knock-out chambers and low energy scrubbers.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(a) There shall be no discharge of process waste water pollutants to navigable waters, except as permitted in paragraph (b) of this section.
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged in process waste water from advanced air emission control devices, when such water cannot be consumed in the process.
The following limitations establish the quantity or quality of pollutants or
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
(a)
(b) [Reserved]
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.12 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges of pollutants resulting from the process in which several mineral ingredients (sand, soda ash, limestone, dolomite, cullen and other ingredients) are mixed, melted in a furnace, and drawn vertically from a melting tank to form sheet glass.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “cullet” shall mean any broken glass generated in the manufacturing process.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The following limitations establish the quantity or quality of pollutants or pollutant properties, which may be discharged by a point source subject to the provisions of this subpart after application of the best conventional pollutant control technology: There shall be no discharge of process waste water pollutants to navigable waters.
The provisions of this subpart are applicable to discharges of pollutants resulting from the process in which several mineral ingredients (sand, soda ash, limestone, dolomite, cullet, and other ingredients) are mixed, melted in a furnace, and cooled by rollers to form rolled glass.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “cullet” shall mean any broken glass generated in the manufacturing process.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The following limitations establish the quantity or quality of pollutants or pollutant properties, which may be discharged by a point source subject to the provisions of this subpart after application of the best conventional pollutant control technology: There shall be no discharge of process waste water pollutants to navigable waters.
The provisions of this subpart are applicable to discharges of pollutants resulting from the process in which several mineral ingredients (sand, soda ash, limestone, dolomite, cullet and other ingredients) are melted in a furnace, pressed between rollers, and finally ground and polished to form plate glass.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “cullet” shall mean any broken glass generated in the manufacturing process.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.42 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges of pollutants resulting from the process in which several mineral ingredients (sand, soda ash, limestone, dolomite, cullet, and other ingredients) are mixed, melted in a furnace, and floated on a molten tin bath to produce float glass.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.52 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges of pollutants resulting from the processes in which glass is cut and then passed through a series of processes that grind and polish the edges, bend the glass, and then temper the glass to produce side and back windows for automobiles.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “tempering” shall mean the process whereby glass is heated near the melting point and then rapidly cooled to increase its mechanical and thermal endurance.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.62 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges of pollutants resulting from the processes which laminate a plastic sheet between two layers of glass, and which prepare the glass for lamination such as cutting, bending and washing, to produce automobile windshields.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new point source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.72 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the process by which raw materials are melted in a furnace and mechanically processed into glass containers.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “furnace pull” shall mean that amount of glass drawn from the glass furnace or furnaces.
(c) The term “oil” shall mean those components of a waste water amenable to measurement by the technique or techniques described in the most recent addition of “Standard Methods” for the analysis of grease in polluted waters, waste waters, and effluents, such as “Standard Methods,” 13th Edition, 2nd Printing, page 407.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.82 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the process by which raw materials are melted in a furnace and glass tubing mechanically drawn from the furnace horizontally by means of the Danner process, which requires the intermittent quenching of cullet.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “furnace pull” shall mean that amount of glass drawn from the glass furnace or furnaces.
(c) The term “cullet” shall mean any excess glass generated in the manufacturing process.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.102 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the process by which raw materials are melted in a furnace and processed into television picture tube envelopes.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “furnace pull” shall mean that amount of glass drawn from the glass furnace or furnaces.
(c) The term “oil” shall mean those components of a waste water amenable
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). (The fluoride and lead limitations are applicable to the abrasive polishing and acid polishing waste water streams while the TSS, oil, and pH limitations are applicable to the entire process waste water stream):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable. These limitations are applicable to the abrasive polishing and acid polishing waste water streams.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart (the fluoride and lead limitations are applicable to the abrasive polishing and acid polishing waste water streams while the TSS, oil, and pH limitations are applicable to the entire process waste water stream):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart. Because of the recognition that animal and vegetable oils can be adequately removed in a publicly owned treatment works, whereas mineral oil may not be readily removed and may pass through untreated, two separate limitations are established.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.112 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “furnace pull” shall mean that amount of glass drawn from the glass furnace or furnaces.
(c) The term “oil” shall mean those components of a waste water amenable to measurement by the technique or techniques described in the most recent addition of “Standard Methods” for the analysis of grease in polluted waters, waste waters, and effluents, such as “Standard Methods,” 13th Edition, 2nd Printing, page 407.
(d) The term “product frosted” shall mean that portion of the “furnace pull” associated with the fraction of finished incandescent lamp envelopes which is frosted; this quantity shall be calculated by multiplying “furnace pull” by the fraction of finished incandescent lamp envelopes which is frosted.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Any manufacturing plant which produces incandescent lamp envelopes shall meet the following limitations with regard to the forming operations.
(b) Any manufacturing plant which frosts incandescent lamp envelopes shall meet the following limitations with regard to the finishing operations.
Except as provided in §§ 125.30 through 125.32, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject
(a) [Reserved]
(b) Any manufacturing plant which frosts incandescent lamp envelopes shall meet the following limitations with regard to the finishing operations.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(a) Any manufacturing plant which produces incandescent lamp envelopes shall meet the following limitations with regard to the forming operations.
(b) Any manufacturing plant which frosts incandescent lamp envelopes shall meet the following limitations with regard to the finishing operations.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart. Because of the recognition that animal and vegetable oils can be adequately removed in a
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 426.122 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the process by which raw materials are melted in a furnace and processed by hand into pressed or blown glassware. This includes those plants which:
(a) Produce leaded glass and employ hydrofluoric acid finishing techniques,
(b) Produce non-leaded glass and employ hydrofluoric acid finishing techniques, or
(c) Produce leaded or non-leaded glass and do not employ hydrofluoric acid finishing techniques.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Any plant which melts raw materials, produces hand pressed or blown leaded glassware, employs hydrofluoric acid finishing techniques, and discharges greater than 50 gallons per day of process waste water, shall meet the following limitations.
(b) Any plant which melts raw materials, produces non-leaded hand pressed or blown glassware, discharges greater than 50 gallons per day of process waste water, and employs hydrofluoric acid finishing techniques shall meet the following limitations.
(c) Any plant which melts raw materials, produces leaded or non-leaded hand pressed or blown glassware, discharges greater than 50 gallons per day of process waste water, and does not employ hydrofluoric acid finishing techniques shall meet the following limitations.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(a) Any plant which melts raw materials, produces hand pressed or blown leaded glassware, discharges greater than 50 gallons per day of process waste water, and employs hydrofluoric acid finishing techniques shall meet the following limitations.
(b) Any plant which melts raw materials, produces non-leaded hand pressed or blown glassware, discharges greater than 50 gallons per day of process waste water, and employs hydrofluoric acid finishing techniques shall meet the following limitations.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(a) Any plant which melts raw materials, produces hand pressed or blown leaded glassware, discharges greater than 50 gallons per day of process waste water, and employs hydrofluoric acid finishing techniques shall meet the following limitations.
(b) Any plant which melts raw materials, produces non-leaded hand pressed or blown glassware, discharges greater than 50 gallons per day of process
(c) Any plant which melts raw materials, produces leaded or non-leaded hand pressed or blown glassware, discharges greater than 50 gallons per day of process waste water, and does not employ hydrofluoric acid finishing techniques shall meet the following limitations.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart.
Secs. 301, 304 (b) and (c), 306 (b) and (c), 307(c), Federal Water Pollution Control Act, as amended; 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317(c); 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos. Portland cement, silica and other ingredients are used in the manufacturing of asbestos-cement pipe.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutants properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos, Portland cement, silica, and other ingredients are used in the manufacturing of asbestos-cement sheets. Discharges resulting from manufacture of asbestos-cement sheet laboratory tops are specifically excluded from the provisions of this subpart.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste waters pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos, starch binders and other ingredients are used in the manufacture of asbestos paper (starch binder).
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos, elastomeric binder, and other ingredients are used in the manufacture of asbestos paper (elastomeric binder).
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos in combination with various other materials such as cement, starch, clay, lime, and mineral wool are used in the manufacture of asbestos millboard.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos paper is saturated with asphalt or coal tar with the subsequent application of various surface treatments to produce asbestos roofing products.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) COD shall mean COD added to the process waste water.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process in which asbestos, polyvinyl chloride resin, chemical stabilizers, limestone, and other fillers are used in the manufacture of asbestos floor tile.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The abbreviation “mpc” shall mean 1000 pieces of floor tile.
(c) The term “pieces” shall mean floor tile measured in the standard size of 12″× 12″ ×
(d) COD shall mean COD added to the process waste water.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges resulting from the process of coating or impregnating asbestos textiles with materials which impart specific desired qualities to the finished product.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart.
The provisions of this subpart are applicable to discharges resulting from the process of solvent recovery in the manufacture of asbestos products.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best conventional pollutant control technology.
The provisions of this subpart are applicable to discharges resulting from the removal of volatilized organic materials from atmospheric emissions by means of wet scrubbers.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process wastewater pollutants to navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart.
The provisions of this subpart are applicable to discharges resulting from the removal of dust (particulates) from atmospheric emissions by means of wet scrubbers.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart.
Secs. 301, 304(b) and (c), 306(b) and (c), 307(c), Federal Water Pollution Control Act, as amended; 33 U.S.C. 1251, 1311, 1314(b) and (c), 1316(b) and (c), 1317(c); 86 Stat. 816
The provisions of this subpart are applicable to discharges of process wastewater pollutants resulting from the production of pneumatic tires and inner tubes in tire and inner tube plants.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “raw material” shall mean all natural and synthetic rubber, carbon black, oils, chemical compounds, fabric and wire used in the manufacture of pneumatic tires and inner tubes or components thereof.
(c) The term “process waste water” shall mean, in the case of tire and inner tube plants constructed before 1959, discharges from the following: Soapstone solution applications; steam cleaning operations; air pollution control equipment; unroofed process oil unloading areas; mold cleaning operations; latex applications; and air compressor receivers. Discharges from other areas of such plants shall not be classified as process waste water for the purposes of this section.
(d) Except as provided in paragraphs (c) and (e) of this section, the term “process waste water” shall have the meaning set forth in § 401.11(q) of this chapter.
(e) Water used only for tread cooling shall be classified as “nonprocess waste water.”
(a) Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(b) All plants constructed before 1959 shall employ the best practicable maintenance and housekeeping practices in order to minimize the discharge of oil and grease in nonprocess waste waters. The concentration of oil and grease in discharges of nonprocess waste water shall meet the following limitations:
(1) The average of daily values for 30 consecutive days shall not exceed 5 mg/l.
(2) The maximum for any one day shall not exceed 10 mg/l.
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(b) All plants constructed before 1959 shall employ the best available maintenance and housekeeping practices in order to minimize the discharge of oil and grease in nonprocess waste waters. The concentration of oil and grease in discharges of nonprocess waste waters shall meet the following limitations:
(1) The average of daily values for 30 consecutive days shall not exceed 5 mg/l.
(2) The maximum for any one day shall not exceed 10 mg/l.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The provisions of this subpart are applicable to discharges of pollutants resulting from the manufacture of emulsion crumb rubber, other than acrylonitrilebutadiene rubber.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart: The limitations shall be as specified in § 428.22.
The provisions of this subpart are applicable to discharges of pollutants resulting from the manufacture of crumb rubber.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart: The limitations shall be as specified in § 428.32.
The provisions of this subpart are applicable to discharges of pollutants resulting from the manufacture of latex rubber.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new point source subject to the provisions of this subpart: The limitations shall be as specified for § 428.42.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
The following provisions of this subpart are applicable to process waste water discharges resulting from the production of molded, extruded, and
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “raw material” shall mean all natural and synthetic rubber, carbon black, oils, chemical compounds, and fabric used in the manufacture of general molded, extruded, and fabricated rubber products.
(c) The term “raw material equivalent” shall be equal to the raw material usage multiplied by the volume of air scrubbed via wet scrubbers divided by the total volume of air scrubbed.
(d) The term “small-sized plants” shall mean plants which process less than 3,720 kg/day (8,200 lbs/day) of raw materials.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.52(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to wet scrubbers, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.52(a):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable, in addition to the limitations set forth by § 428.53(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to wet scrubbers, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable, in addition to the limitations set forth by § 428.53(a):
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a new source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.55(a):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, in addition to the limitations set forth in paragraphs (a) and (b) of this section.
(a) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart:
(b) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.56(a):
The following provisions of this subpart are applicable to process waste water discharges resulting from the production of molded, extruded, and fabricated rubber products, foam rubber backing, rubber cement-dipped goods, and retreaded tires by medium-sized plants. Specifically excluded from the provisions of this subpart are the discharges resulting from the production of latex-based products, tires and inner tubes, and those discharges from
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “raw material” shall mean all natural and synthetic rubber, carbon black, oils, chemical compounds, and fabric used in the manufacture of general molded, extruded, and fabricated rubber products.
(c) The term “raw material equivalent” shall be equal to the raw material usage multiplied by the volume of air scrubbed via wet scrubbers divided by the total volume of air scrubbed.
(d) The term “medium-sized plants” shall mean plants which process between 3,720 kg/day (8,200 lbs/day) and 10,430 kg/day (23,000 lbs/day) of raw materials.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to leadsheathed hose production, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.62(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to wet scrubbers, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.62(a):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable, in addition to the limitations set forth by § 428.63(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to wet scrubbers, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable, in addition to the limitations set forth by § 428.63:
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a new source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.65(a):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, in addition to the limitations set forth in paragraphs (a) and (b) of this section.
(a) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart:
(b) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.66(a):
The following provisions of this subpart are applicable to process waste water discharges resulting from the production of molded, extruded, and fabricated rubber products, foam rubber backing, rubber cement-dipped goods, and retreaded tires by large-sized plants. Specifically excluded from the provisions of this subpart are the discharges resulting from the production of latex-based products, tires and inner tubes, and those discharges from
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “raw material” shall mean all natural and synthetic rubber, carbon black, oils, chemical compounds, and fabric used in the manufacture of general molded, extruded, and fabricated rubber products.
(c) The term “raw material equivalent” shall be equal to the raw material usage multiplied by the volume of air scrubbed via wet scrubbers divided by the total volume of air scrubbed.
(d) The term “large-sized plants” shall mean plants which process more than 10,430 kg/day (23,000 lbs/day) of raw materials.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.72(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to wet scrubbers, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to lead-sheathed hose production, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable, in addition to the limitations set forth by § 428.73(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to wet scrubbers, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable, in addition to the limitations set forth by § 428.73(a):
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to lead-sheathed hose production, which may be discharged by a new source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.75(a):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, in addition to the limitations set forth in paragraphs (a) and (b) of this section.
(a) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart:
(b) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section, and attributable to lead-sheathed hose production, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.76(a):
The provisions of this subpart are applicable to process waste water discharges resulting from the production of reclaimed rubber by use of the wet digestion process.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or
The provisions of this subpart are applicable to process waste water discharges resulting from the production of reclaimed rubber except when produced by the wet digestion process.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to pan, dry digestion, and mechanical reclaimed rubber processes which are integrated with a wet digestion reclaimed process, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.92(a):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to pan, dry digestion, and mechanical reclaimed rubber processes which are integrated with a wet digestion reclaimed rubber process, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable in addition to the limitations set forth by § 428.93(a):
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to pan, dry digestion, and mechanical reclaimed rubber processes which are integrated with a wet digestion reclaimed rubber process, which may be discharged by a new source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.95:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, in addition to the limitations set forth in paragraphs (a) and (b) of this section.
(a) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart:
(b) The following pretreatment standard establishes the quantity or quality or pollutant properties controlled by this section and attributable to pan, dry digestion, and mechanical reclaimed rubber processes which are integrated with a wet digestion reclaimed rubber process, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.96(a):
The provisions of this subpart are applicable to process waste water discharges resulting from the manufacture of latex-dipped, latex-extruded, and latex-molded products with the exception of those discharges from textile plants subject to the provisions of part 410 of this chapter.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “chromium” shall mean total chromium.
(c) The term “raw material” shall mean all latex solids used in the manufacture of latex-dipped, latex-extruded, and latex-molded products.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to plants employing the chromic acid form-cleaning operation, by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available, in addition to the limitations set forth by § 428.102(a):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to plants employing the chromic acid
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, and attributable to plants employing the chromic acid form-cleaning operation, which may be discharged by a new source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.102(a):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403, in addition to the limitations set forth in paragraphs (a) and (b) of this section.
(a) The following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart:
(b) The following pretreatment standard establishes the quantity or quality of pollutant properties controlled by this section and attributable to plants employing the chromic acid form-cleaning operation, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart, in addition to the limitations set forth by § 428.106(a):
The provisions of this subpart are applicable to process waste water discharges resulting from the manufacture of latex foam except for those discharges from textile plants subject to the provisions of part 410 of this chapter.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “raw material” shall mean all latex solids used in the manufacture of latex foam.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart:
Secs. 301, 304(b), (c), (e), and (g), 306(b) and (c), 307(a)(b) and (c) and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314(b), (c), (e), and (g), 1316(b) and (c), 1317(b) and (c), and 1361; 86 Stat. 815, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
This part applies to any timber products processing operation, and any plant producing insulation board with wood as the major raw material, which discharges or may discharge process wastewater pollutants to the waters of the United States, or which introduces or may introduce process wastewater pollutants into a publicly owned treatment works.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) The term “hydraulic barking” means a wood processing operation that removes bark from wood by the use of water under a pressure of 6.8 atm (100 psia) or greater.
(b) The terms “cubic feet” or “cubic meters” of production in subpart A means the cubic feet or cubic meters of logs from which bark is removed.
(c) The term “process wastewater” specifically excludes noncontact cooling water, material storage yard runoff (either raw material or processed wood storage), and boiler blowdown. For the dry process hardboard, veneer, finishing, particleboard, and sawmills and planing mills subcategories, fire control water is excluded from the definition.
(d) The term “gross production of fiberboard products” means the air dry weight of hardboard or insulation board following formation of the mat and prior to trimming and finishing operations.
(e) The term “hardboard” means a panel manufactured from interfelted ligno-cellulosic fibers consolidated under heat and pressure to a density of 0.5 g/cu cm (31 lb/cu ft) or greater.
(f) The term “insulation board” means a panel manufactured from interfelted ligno-cellulosic fibers consolidated to a density of less than 0.5 g/cu cm (less than 31 lb/cu ft).
(g) The term “smooth-one-side (S1S) hardboard” means hardboard which is produced by the wet-matting, wet-pressing process.
(h) The term “smooth-two-sides (S2S) hardboard” means hardboard which is produced by the wet-matting, dry-pressing process.
(i) The term “debris” means woody material such as bark, twigs, branches, heartwood or sapwood that will not pass through a 2.54 cm (1.0 in) diameter round opening and is present in the discharge from a wet storage facility.
(j) For the subcategories for which numerical limitations are given, the daily maximum limitation is a value that should not be exceeded by any one effluent measurement. The 30-day limitation is a value that should not be exceeded by the average of daily measurements taken during any 30-day period.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the barking of logs by plants in SIC major group 24, and by plants producing insulation board (SIC group 2661).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must
(a) The following limitations apply to all mechanical barking installations: There shall be no discharge of process wastewater pollutants into navigable waters.
(b) The following limitations constitute the maximum permissible discharge for hydraulic barking installations:
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a) The following limitations apply to all mechanical barking installations: There shall be no discharge of process wastewater pollutants into navigable waters.
(b) The following limitations constitute the maximum permissible discharge for hydraulic barking installations:
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from any plant which manufactures veneer and does not store or hold raw materials in wet storage conditions.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available (BPT):
(a) The following limitations constitute the maximum permissible discharge for all veneer manufacturing installations other than those referred to in paragraphs (b) and (c) of this section: There shall be no discharge of process wastewater pollutants into navigable waters.
(b) The following limitations constitute the maximum permissible discharge for softwood veneer manufacturing processes which use direct steaming for the conditioning of logs:
(c) The following limitations constitute the maximum permissible discharge for hardwood veneer manufacturing processes which use direct steaming for the conditioning of logs:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from any plywood producing plant that does not store or hold raw materials in wet storage conditions.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from any plant that produces hardboard using the dry matting process for forming the board mat.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from any plant which produces hardboard products using the wet matting process for forming the board mat.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations apply to plants which produce smooth-one-side (S1S) hardboard:
(b) The following limitations apply to plants which produce smooth-two-sides (S2S) hardboard:
For purpose of this new source performance standard only, “new source” means a source which is constructed at a site at which no other source covered by this part is located. Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges and to the introduction of process wastewater pollutants into publicly owned treatment works from all nonpressure wood preserving treatment processes and all pressure wood preserving treatment processes employing water borne inorganic salts.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of reduction attainable by the application of the best practicable control technology (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES):
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS): There shall be no introduction of process wastewater pollutants into publicly owned treatment works.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from wood preserving processes that use direct steam impingment on wood as the predominant conditioning method; processes that use the vapor drying process as the predominant conditioning method; direct steam conditioning processes which use the same retort to treat with both salt and oil type preservatives; and steam conditioning processes which apply both salt type and oil type preservatives to the same stock.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and meet the following pretreatment standards for existing sources (PSES):
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS): There shall be no introduction of process wastewater pollutants into publicly owned treatment works.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into a publicly owned treatment works from wood preserving operations which use the Boulton process as the predominant method of conditioning stock.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and meet
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS): There shall be no introduction of process wastewater pollutants into publicly owned treatment works.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the storage of unprocessed wood, i.e., the storage of logs or roundwood before or after removal of bark in self-contained bodies of water (mill ponds or log ponds) or the storage of logs or roundwood on land during which water is sprayed or deposited intentionally on the logs (wet decking).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no debris discharged and the pH shall be within the range of 6.0 to 9.0
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no debris discharged and the pH shall be within the range of 6.0 to 9.0.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no debris discharged and the pH shall be within the range of 6.0 to 9.0.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the log washing process in which water under pressure is applied to logs for the purpose of removing foreign material from the surface of the log before further processing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process wastewater pollutants to navigable waters containing a total suspended solids concentration greater than 50 mg/l and the pH shall be within the range of 6.0 to 9.0.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the timber products processing procedures that include all or part of the following operations: bark removal (other than hydraulic barking as defined in § 429.11 of this part), sawing, resawing, edging, trimming, planing and machining.
Except as provided in 40 CFR 125.30 through 125.32, any existing point
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the drying, planing, dipping, staining, end coating, moisture proofing, fabrication, and by-product utilization timber processing operations not otherwise covered by specific guidelines and standards.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subject must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from any plant which manufactures particleboard.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduce process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from plants which produce insulation board using wood as the primary
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the manufacture of wood furniture and fixtures at establishments that (a) do not utilize water wash spray booths to collect and contain the overspray from spray applications of finishing materials and (b) do not maintain on-site laundry facilities for fabric utilized in various finishing operations.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology limitations (BPT): There shall be no discharge of process wastewater pollutants into navigable waters.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT): There shall be no discharge of process wastewater pollutants into navigable waters.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
There shall be no discharge of process wastewater pollutants into navigable waters.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
This subpart applies to discharges to waters of the United States and to the introduction of process wastewater pollutants into publicly owned treatment works from the manufacture of wood furniture and fixtures at establishments that either (a) utilize water wash spray booth(s) to collect and contain the overspray from spray applications of finishing materials, or (b) utilize on-site laundry facilities for fabric utilized in various finishing operations.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (BPT): Settleable solids shall be less than or equal to 0.2 ml/l and pH shall be between 6.0 and 9.0 at all times.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must
Any new source subject to this subpart must achieve the following new source performance standards (NSPS): There shall be no discharge of process wastewater pollutants.
Any existing source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Any new source subject to this subpart which introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
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).
(a) This part applies to any pulp, paper, or paperboard mill that discharges or may discharge process wastewater pollutants to the waters of the United States, or that introduces or may introduce process wastewater pollutants into a publicly owned treatment works.
(b) The following table presents the subcategorization scheme codified in this part, with references to former subpart designations contained in the 1997 edition of 40 CFR parts 425 through 699:
In addition to the definitions set forth in 40 CFR part 401 and 40 CFR 403.3, the following definitions apply to this part:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(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
(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).
(k)
(2) A mill is a non-continuous discharger for the purposes of determining applicable effluent limitations under subpart B or E of this part (other than conventional limits for existing sources) if, for reasons other than treatment plant upset control (e.g., protecting receiving water quality), the mill is prohibited by the NPDES authority from discharging pollutants during specific periods of time or if it is required to release its discharge on a variable flow or pollutant loading rate basis.
(l)
(m)
(n)
(2) For AOX and chloroform limitations and standards specified in subparts B and E of this part: Production shall be defined as the annual unbleached pulp production entering the first stage of the bleach plant divided by the number of operating days during that year. Unbleached pulp production shall be measured in air-dried-metric-tons (10% moisture) of brownstock pulp entering the bleach plant at the stage during which chlorine or chlorine-containing compounds are first applied to the pulp. In the case of bleach plants that use totally chlorine free bleaching processes, unbleached pulp production shall be measured in air-dried-metric tons (10% moisture) of brownstock pulp entering the first stage of the bleach plant from which wastewater is discharged. Production shall be determined for each mill based upon past production practices, present trends, or committed growth.
(o)
(p)
(q)
(r)
This section establishes minimum monitoring frequencies for certain pollutants. Where no monitoring frequency is specified in this section or where the duration of the minimum monitoring frequency has expired under paragraphs (b) through (e) of this section, the permit writer or pretreatment control authority shall determine the appropriate monitoring frequency in accordance with 40 CFR 122.44(i) or 40 CFR part 403, as applicable.
(a)
(b)
(1) For direct dischargers, a duration of 5 years commencing on the date the applicable limitations or standards from subpart B or subpart E of this part are first included in the discharger's NPDES permit;
(2) For existing indirect dischargers, until April 17, 2006;
(3) For new indirect dischargers, a duration of 5 years commencing on the date the indirect discharger commences operation.
(c)
(d)
(e)
(a)
(b)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(c)
(1) The mill must return spilled or diverted spent pulping liquors, soap, and turpentine to the process to the maximum extent practicable as determined by the mill, recover such materials outside the process, or discharge spilled or diverted material at a rate that does not disrupt the receiving wastewater treatment system.
(2) The mill must establish a program to identify and repair leaking equipment items. This program must include:
(i) Regular visual inspections (e.g., once per day) of process areas with equipment items in spent pulping liquor, soap, and turpentine service;
(ii) Immediate repairs of leaking equipment items, when possible. Leaking equipment items that cannot be repaired during normal operations must be identified, temporary means for mitigating the leaks must be provided, and the leaking equipment items repaired during the next maintenance outage;
(iii) Identification of conditions under which production will be curtailed or halted to repair leaking equipment items or to prevent pulping liquor, soap, and turpentine leaks and spills; and
(iv) A means for tracking repairs over time to identify those equipment items where upgrade or replacement may be warranted based on frequency and severity of leaks, spills, or failures.
(3) The mill must operate continuous, automatic monitoring systems that the mill determines are necessary to detect and control leaks, spills, and intentional diversions of spent pulping liquor, soap, and turpentine. These monitoring systems should be integrated with the mill process control system and may include, e.g., high level monitors and alarms on storage tanks; process area conductivity (or pH) monitors and alarms; and process area sewer, process wastewater, and wastewater treatment plant conductivity (or pH) monitors and alarms.
(4) The mill must establish a program of initial and refresher training of operators, maintenance personnel, and other technical and supervisory personnel who have responsibility for operating, maintaining, or supervising the operation and maintenance of equipment items in spent pulping liquor, soap, and turpentine service. The refresher training must be conducted at least annually and the training program must be documented.
(5) The mill must prepare a brief report that evaluates each spill of spent pulping liquor, soap, or turpentine that is not contained at the immediate process area and any intentional diversion of spent pulping liquor, soap, or turpentine that is not contained at the immediate process area. The report must describe the equipment items involved, the circumstances leading to
(6) The mill must establish a program to review any planned modifications to the pulping and chemical recovery facilities and any construction activities in the pulping and chemical recovery areas before these activities commence. The purpose of such review is to prevent leaks and spills of spent pulping liquor, soap, and turpentine during the planned modifications, and to ensure that construction and supervisory personnel are aware of possible liquor diversions and of the requirement to prevent leaks and spills of spent pulping liquors, soap, and turpentine during construction.
(7) The mill must install and maintain secondary containment (i.e., containment constructed of materials impervious to pulping liquors) for spent pulping liquor bulk storage tanks equivalent to the volume of the largest tank plus sufficient freeboard for precipitation. An annual tank integrity testing program, if coupled with other containment or diversion structures, may be substituted for secondary containment for spent pulping liquor bulk storage tanks.
(8) The mill must install and maintain secondary containment for turpentine bulk storage tanks.
(9) The mill must install and maintain curbing, diking or other means of isolating soap and turpentine processing and loading areas from the wastewater treatment facilities.
(10) The mill must conduct wastewater monitoring to detect leaks and spills, to track the effectiveness of the BMPs, and to detect trends in spent pulping liquor losses. Such monitoring must be performed in accordance with paragraph (i) of this section.
(d)
(2) Each mill subject to this section must conduct a detailed engineering review of the pulping and chemical recovery operations—including but not limited to process equipment, storage tanks, pipelines and pumping systems, loading and unloading facilities, and other appurtenant pulping and chemical recovery equipment items in spent pulping liquor, soap, and turpentine service—for the purpose of determining the magnitude and routing of potential leaks, spills, and intentional diversions of spent pulping liquors, soap, and turpentine during the following periods of operation:
(i) Process start-ups and shut downs;
(ii) Maintenance;
(iii) Production grade changes;
(iv) Storm or other weather events;
(v) Power failures; and
(vi) Normal operations.
(3) As part of the engineering review, the mill must determine whether existing spent pulping liquor containment facilities are of adequate capacity for collection and storage of anticipated intentional liquor diversions with sufficient contingency for collection and containment of spills. The engineering review must also consider:
(i) The need for continuous, automatic monitoring systems to detect and control leaks and spills of spent pulping liquor, soap, and turpentine;
(ii) The need for process wastewater diversion facilities to protect end-of-pipe wastewater treatment facilities from adverse effects of spills and diversions of spent pulping liquors, soap, and turpentine;
(iii) The potential for contamination of storm water from the immediate process areas; and
(iv) The extent to which segregation and/or collection and treatment of contaminated storm water from the immediate process areas is appropriate.
(e)
(2) Each mill subject to this section must complete a review and evaluation of the BMP Plan five years after the first BMP Plan is prepared and, except as provided in paragraph (e)(1) of this section, once every five years thereafter. As a result of this review and evaluation, the mill must amend the BMP Plan within three months of the review if the mill determines that any new or modified management practices and engineered controls are necessary to reduce significantly the likelihood of spent pulping liquor, soap, and turpentine leaks, spills, or intentional diversions from the immediate process areas, including a schedule for implementation of such practices and controls.
(f)
(g)
(2) The mill must maintain the following records for 3 years from the date they are created:
(i) Records tracking the repairs performed in accordance with the repair program described in paragraph (c)(2) of this section;
(ii) Records of initial and refresher training conducted in accordance with paragraph (c)(4) of this section;
(iii) Reports prepared in accordance with paragraph (c)(5) of this section; and
(iv) Records of monitoring required by paragraphs (c)(10) and (i) of this section.
(h)
(2) Each mill subject to this section must employ the following procedures in order to develop the action levels required by paragraph (h) of this section:
(i)
(ii)
(3) By the date prescribed in paragraph (j)(1)(iii) of this section, each existing discharger subject to this section must complete an initial six-month monitoring program using the procedures specified in paragraph (h)(2) of this section and must establish initial action levels based on the results of that program. A wastewater treatment influent action level is a statistically determined pollutant loading determined by a statistical analysis of six months of daily measurements. The action levels must consist of a lower action level, which if exceeded will trigger the investigation requirements described in paragraph (i) of this section, and an upper action level, which if exceeded will trigger the corrective action requirements described in paragraph (i) of this section.
(4) By the date prescribed in paragraph (j)(1)(vi) of this section, each existing discharger must complete a second six-month monitoring program using the procedures specified in paragraph (h)(2) of this section and must establish revised action levels based on the results of that program. The initial action levels shall remain in effect until replaced by revised action levels.
(5) By the date prescribed in paragraph (j)(2) of this section, each new source subject to this section must complete a six-month monitoring program using the procedures specified in paragraph (h)(2) of this section and must develop a lower action level and an upper action level based on the results of that program.
(6) Action levels developed under this paragraph must be revised using six months of monitoring data after any change in mill design, construction, operation, or maintenance that materially affects the potential for leaks or spills of spent pulping liquor, soap, or turpentine from the immediate process areas.
(i)
(2) Whenever monitoring results exceed the lower action level for the period of time specified in the BMP Plan, the mill must conduct an investigation to determine the cause of such exceedance. Whenever monitoring results exceed the upper action level for the period of time specified in the BMP Plan, the mill must complete corrective action to bring the wastewater treatment system influent mass loading below the lower action level as soon as practicable.
(3) Although exceedances of the action levels will not constitute violations of an NPDES permit or pretreatment standard, failure to take the actions required by paragraph (i)(2) of this section as soon as practicable will be a permit or pretreatment standard violation.
(4) Each mill subject to this section must report to the NPDES permitting or pretreatment control authority the results of the daily monitoring conducted pursuant to paragraph (i)(1) of this section. Such reports must include a summary of the monitoring results, the number and dates of exceedances of the applicable action levels, and brief descriptions of any corrective actions taken to respond to such exceedances. Submission of such reports shall be at the frequency established by the NPDES permitting or pretreatment control authority, but in no case less than once per year.
(j)
(i) Prepare BMP Plans and certify to the permitting or pretreatment authority that the BMP Plan has been prepared in accordance with this regulation not later than April 15, 1999;
(ii) Implement all BMPs specified in paragraph (c) of this section that do not require the construction of containment or diversion structures or the installation of monitoring and alarm systems not later than April 15, 1999.
(iii) Establish initial action levels required by paragraph (h)(3) of this section not later than April 15, 1999.
(iv) Commence operation of any new or upgraded continuous, automatic monitoring systems that the mill determines to be necessary under paragraph (c)(3) of this section (other than those associated with construction of containment or diversion structures) not later than April 17, 2000.
(v) Complete construction and commence operation of any spent pulping liquor, collection, containment, diversion, or other facilities, including any associated continuous monitoring systems, necessary to fully implement BMPs specified in paragraph (c) of this section not later than April 16, 2001.
(vi) Establish revised action levels required by paragraph (h)(4) of this section as soon as possible after fully implementing the BMPs specified in paragraph (c) of this section, but not later than January 15, 2002.
(2)
The provisions of this subpart apply to discharges resulting from the production of dissolving pulp at kraft mills.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to annual average effluent limitations:
(c) The following limitations establish the quantity or quality of pollutants or pollutant parameters, controlled by this section, resulting from the use of log washing or chip washing operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs and/or chips which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to the annual average effluent limitations:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of log flumes or log ponds, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to the annual average effluent limitations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.12 of this subpart for the best practicable control technology currently available (BPT).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not
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:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
The provisions of this subpart apply to discharges resulting from: The production of market pulp at bleached kraft mills; the integrated production of paperboard, coarse paper, and tissue paper at bleached kraft mills; the integrated production of pulp and fine papers at bleached kraft mills; and the integrated production of pulp and paper at soda mills.
(a) The general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part apply to this subpart.
(b)
(c)
(d)
(e)
(f)
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations:
(c) The following limitations establish the quantity or quality of pollutants or pollutant parameters, controlled by this section, resulting from the use of log washing or chip washing operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs and/or chips which are subject to such operations:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of log flumes or log ponds, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application ofthe best conventional pollutant control technology (BCT). The limitations shall be the same as those specified in § 430.22 of this subpart for the best practicable control technology currently available (BPT).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
(a) Except as provided in paragraph (b) of this section—
(1) The following effluent limitations apply with respect to each fiber line that does not use an exclusively TCF bleaching process, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:
(2) The following effluent limitations apply with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:
(b) The following limitations apply with respect to each fiber line enrolled in the Voluntary Advanced Technology Incentives Program:
(1) Stage 1 Limitations: Numeric limitations that are equivalent to the discharger's existing effluent quality or the discharger's current effluent limitations established under CWA section 301(b)(2), whichever are more stringent, for the pollutants identified in paragraph (a)(1) of this section (with the exception of COD). For AOX, the permitting authority must determine existing effluent quality for each fiber line enrolled in the Voluntary Advanced Technology Incentives Program at the end of the pipe based on loadings attributable to that fiber line. For the remaining pollutants, with the exception of COD, the permitting authority must determine existing effluent quality for each fiber line enrolled in the Voluntary Advanced Technology Incentives Program at the point where the wastewater containing those pollutants leaves the bleach plant. These limitations must be recalculated each time the NPDES permit of a discharger enrolled in the Voluntary Advanced Technology Incentives Program is reissued, up to:
(i) April 15, 2004 for all pollutants in paragraph (a)(1) of this section except AOX; and
(ii) The date specified in paragraph (b)(4)(ii) of this section for achieving the applicable AOX limitation specified in paragraph (b)(4)(i).
(2) Best Professional Judgment Milestones: Narrative or numeric limitations and/or special permit conditions, as appropriate, established by the permitting authority on the basis of his or her best professional judgment that reflect reasonable interim milestones toward achievement of the effluent limitations specified in paragraphs (b)(3) and (b)(4) of this section, as applicable.
(3) Six-year Milestones: By April 15, 2004 all dischargers enrolled in the Voluntary Advanced Technology Incentives Program must achieve the following:
(i) The effluent limitations specified in paragraph (a)(1) of this section, except that, with respect to AOX, dischargers subject to Tier I effluent limitations specified in paragraph (b)(4)(i) of this section must achieve the AOX limitation specified in that paragraph; or
(ii) For dischargers that use exclusively TCF bleaching processes as of April 15, 2004, the effluent limitations specified in paragraph (a)(2) of this section.
(4)(i) Stage 2 Limitations:
(ii) Deadlines.
(A) A discharger enrolled in Tier I of the Voluntary Advanced Technology Incentives Program must achieve the Tier I limitations in paragraph (b)(4)(i) of this section by April 15, 2004.
(B) A discharger enrolled in Tier II of the Voluntary Advanced Technology Incentives Program must achieve the Tier II limitations in paragraph (b)(4)(i) of this section by April 15, 2009.
(C) A discharger enrolled in Tier III of the Voluntary Advanced Technology Incentives Program must achieve the Tier III limitations in paragraph (b)(4)(i) of this section by April 15, 2014.
(c) [Reserved]
(d) The following additional effluent limitations apply to all dischargers subject to this section in accordance with the previous subcategorization scheme unless the discharger certifies to the permitting authority that it is not using these compounds as biocides. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply. Concentration limitations will only apply to non-continuous dischargers:
(e) Pursuant to 40 CFR 122.44(i) and 122.45(h), a discharger must demonstrate compliance with the effluent limitations in paragraph (a)(1) or (b)(3) of this section, as applicable, by monitoring for all pollutants (except for AOX and COD) at the point where the wastewater containing those pollutants leaves the bleach plant. The permitting authority may impose effluent limitations and/or monitoring requirements on internal wastestreams for any other pollutants covered in this section as appropriate under 40 CFR
New sources subject to this subpart must achieve the following new source performance standards (NSPS), as applicable.
(a) The following standards apply to each new source that commenced discharge after June 15, 1988 and before June 15, 1998, provided that the new source was constructed to meet these standards:
(b) Except as provided in paragraph (c) of this section—
(1) The following standards apply with respect to each new source fiber line that does not use an exclusively TCF bleaching process, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22, and that commences discharge after June 15, 1998:
(2) The following standards apply with respect to each new source fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22, and that commences discharge after June 15, 1998:
(c) With respect to each new source fiber line that is enrolled in the Voluntary Advanced Technology Incentives Program, dischargers subject to this section must achieve:
(1) The standards specified in paragraph (b)(1) of this section (except for AOX) or paragraph (b)(2) of this section, as applicable; and
(2) Standards for filtrates, flow, and AOX:
(d) These additional standards apply to all new sources, regardless of when they commenced discharge, in accordance with the previous subcategorization scheme unless the discharger certifies to the permitting authority that it is not using these compounds as biocides. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply. Concentration limitations will only apply to non-continuous dischargers:
(e) Pursuant to 40 CFR 122.44(i) and 122.45(h), a discharger must demonstrate compliance with the limitations in paragraph (b)(1) or (c)(1) of this section, as applicable, by monitoring for all pollutants (except for AOX, COD, BOD5, TSS, and pH) at the point where the wastewater containing those pollutants leaves the bleach plant. The permitting authority may impose effluent limitations and/or monitoring requirements on internal wastestreams for any other pollutants covered in this section as appropriate under 40 CFR 122.44(i) and 122.45(h). In addition, a discharger subject to a limitation on total pulping area condensate, evaporator condensate, and bleach plant wastewater flow under paragraph (c)(2) of this section must demonstrate compliance with that limitation by establishing and maintaining flow measurement equipment monitoring these flows at the point or points where they leave the pulping area, evaporator area, and the bleach plant.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the following pretreatment standards for existing sources (PSES).
(a)(1) The following pretreatment standards apply with respect to each fiber line operated by an indirect discharger subject to this section, unless the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b) that it uses exclusively TCF bleaching processes at that fiber line. These pretreatment standards must be attained on or before April 16, 2001:
(2) The following pretreatment standards apply with respect to each fiber line operated by an indirect discharger subject to this section if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line. These pretreatment standards must be attained on or before April 16, 2001:
(b) The following pretreatment standards apply to all indirect dischargers, in accordance with the previous subcategorization scheme. An indirect discharger is not required to meet these pretreatment standards if it certifies to the pretreatment control authority that it is not using these compounds as biocides. In cases when POTWs find it necessary to impose mass effluent limitations, equivalent mass limitations are provided as guidance:
(c) An indirect discharger must demonstrate compliance with the pretreatment standards in paragraph (a)(1) of this section by monitoring at the point where the wastewater containing those pollutants leaves the bleach plant.
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the following pretreatment standards for new sources (PSNS).
(a)(1) The following pretreatment standards apply with respect to each fiber line that is a new source, unless the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12 that it uses exclusively TCF bleaching processes at that fiber line:
(2) The following pretreatment standards apply with respect to each new source fiber line operated by an indirect discharger subject to this section if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line:
(b) The following pretreatment standards apply to all new source indirect dischargers, regardless of when they commenced discharge, in accordance with the previous subcategorization scheme. An indirect discharger is not required to meet these pretreatment standards if it certifies to the pretreatment control authority that it is not using these compounds as biocides. In cases when POTWs find it necessary to impose mass-based effluent limitations, equivalent mass limitations are provided as guidance:
(c) An indirect discharger must demonstrate compliance with the pretreatment standards in paragraph (a)(1) of this section by monitoring at the point where the wastewater containing those pollutants leaves the bleach plant.
The definitions and requirements set forth in 40 CFR 430.03 apply to facilities in this subpart.
The provisions of this subpart are applicable to discharges resulting from: the production of pulp and paper at unbleached kraft mills; the production of pulp and paper at unbleached kraft-neutral sulfite semi-chemical (cross recovery) mills; and the production of pulp and paper at combined unbleached kraft and semi-chemical mills, wherein the spent semi-chemical cooking liquor is burned within the unbleached kraft chemical recovery system.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT), except that non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb), but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using those biocides. PSES must be attained on or before July 1, 1984:
(a) Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
The provisions of this subpart are applicable to discharges resulting from the production of pulp at dissolving sulfite mills.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to annual average effluent limitations:
(c) The following limitations establish the quantity or quality of pollutants or pollutant parameters, controlled by this section, resulting from the use of log washing or chip washing operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs and/or chips which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to the annual average effluent limitations:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of log flumes or log ponds, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to the annual average effluent limitations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.42 of this subpart for the best practicable control technology currently available (BPT).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
The provisions of this subpart apply to discharges resulting from the: Integrated production of pulp and paper at papergrade sulfite mills, where blow pit pulp washing techniques are used; and the integrated production of pulp and paper at papergrade sulfite mills where vacuum or pressure drums are used to wash pulp.
(a) Except as provided in paragraphs (b) and (c) of this section, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part apply to this subpart.
(b)
(c) For this subpart, the segments for the papergrade sulfite subcategory are defined as follows:
(1) The calcium-, magnesium-, or sodium-based sulfite pulp segment consists of papergrade sulfite mills where pulp and paper are produced using an acidic cooking liquor of calcium, magnesium, or sodium sulfite, unless those mills are specialty grade sulfite mills;
(2) The ammonium-based sulfite pulp segment consists of papergrade sulfite mills where pulp and paper are produced using an acidic cooking liquor of ammonium sulfite, unless those mills are specialty grade sulfite mills;
(3) The specialty grade sulfite pulp segment consists of those papergrade sulfite mills where a significant portion of production is characterized by pulp with a high percentage of alpha cellulose and high brightness sufficent to produce end products such as plastic molding compounds, saturating and laminating products, and photographic papers. The specialty grade segment also includes those mills where a major portion of production is 91 ISO brightness and above.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations:
(c) The following limitations establish the quantity or quality of pollutants or pollutant parameters, controlled by this section, resulting from the use of log washing or chip washing operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs and/or chips which are subject to such operations:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of log flumes or log ponds, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). The limitations shall be the same as those specified for conventional pollutants in § 430.52 of this subpart for the best practicable control technology currently available (BCT).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
(a)(1) The following effluent limitations apply to all dischargers in the calcium-, magnesium-, or sodium-based sulfite pulp segment:
(2)(i) The following effluent limitations apply to all dischargers in the ammonium-based sulfite pulp segment:
(ii) The following effluent limitations apply to all dischargers in the ammonium-based sulfite pulp segment with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:
(3)(i) The following effluent limitations apply to all dischargers in the specialty grade pulp segment:
(ii) The following effluent limitations apply to dischargers in the specialty grade pulp segment with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:
(b) The following additional effluent limitations apply to each discharger subject to this section in accordance with the previous subcatgorization scheme unless it certifies to the permitting authority that it is not using these compounds as biocides. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply. Concentration limitations will only apply to non-continuous dischargers:
(c) Pursuant to 40 CFR 122.44(i) and 122.45(h), a discharger must demonstrate compliance with the limitations in paragraphs (a)(2) or (a)(3) of this section, as applicable, by monitoring for all pollutants (except for AOX and COD) at the point where the wastewater containing those pollutants leaves the bleach plant. The permitting authority may impose effluent
New sources subject to this subpart must achieve the following new source performance standards (NSPS), as applicable.
(a) The following standards apply to each new source regardless of when it commenced discharge:
(b) The following standards apply with respect to each new source fiber line that commences discharge after June 15, 1998.
(1) The following standards apply to all new sources in the calcium-, magnesium-, or sodium-based sulfite pulp segment:
(2)(i) The following standards apply to all new sources in the ammonium-based sulfite pulp segment:
(ii) The following standards apply to all new sources in the ammonium-based sulfite pulp segment with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:
(3)(i) The following standards apply to all new sources in the specialty grade sulfite pulp segment:
(ii) The following standards apply to all new sources within the specialty grade sulfite pulp segment with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:
(c) The following standards apply to each new source regardless of when it commenced discharge, unless it certifies to the permitting authority that it is not using these compounds as biocides. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply. Concentration limitations will only apply to non-continuous dischargers:
(d) Pursuant to 40 CFR 122.44(i) and 122.45(h), a discharger must demonstrate compliance with the standards in paragraphs (b)(2) or (b)(3) of this section, as applicable, by monitoring for all pollutants (except for AOX, COD, BOD5, TSS, and pH) at the point where the wastewater containing those pollutants leaves the bleach plant. The permitting authority may impose effluent limitations and/or monitoring requirements on internal wastestreams for any other pollutants covered in this section as appropriate under 40 CFR 122.44(i) and 122.45(h).
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the following pretreatment standards for existing sources (PSES).
(a) The following pretreatment standards must be attained on or before April 16, 2001.
(1) The following pretreatment standards apply to all indirect dischargers in the calcium-, magnesium-, or sodium-based sulfite pulp segment:
(2)(i) The following pretreatment standards apply to all indirect dischargers in the ammonium-based sulfite pulp segment:
(ii) The following pretreatment standards apply with respect to each new source fiber line operated by an indirect discharger producing ammonium-based sulfite pulps if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b) that it uses exclusively TCF bleaching processes at that fiber line:
(3)(i) The following pretreatment standards apply to all indirect dischargers in the specialty grade sulfite pulp segment:
(ii) The following pretreatment standards apply with respect to each fiber line operated by an indirect discharger producing specialty grade sulfite pulps if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line. These pretreatment standards must be attained on or before April 16, 2001:
(b) The following pretreatment standards apply to each indirect discharger, in accordance with the previous subcategorization scheme, unless it certifies to the pretreatment control authority that it is not using these compounds as biocides. In cases when POTWs find it necessary to impose mass effluent limitations, equivalent mass limitations are provided as guidance:
(c) An indirect discharger must demonstrate compliance with the pretreatment standards in paragraphs (a)(2) or (a)(3) of this section, as applicable, by monitoring for all pollutants at the point where the wastewater containing those pollutants leaves the bleach plant.
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS).
(a) (1) The following pretreatment standards apply to each indirect discharger in the calcium-,
(2)(i) The following standards apply to each indirect discharger in the ammonium-based sulfite pulp segment that is a new source:
(ii) The following pretreatment standards apply with respect to each new source fiber line operated by an indirect discharger producing ammonium-based sulfite pulps if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line:
(3)(i) The following pretreatment standards apply to each indirect discharger in the specialty grade sulfite pulp segment that is a new source:
(ii) The following pretreatment standards apply with respect to each new source fiber line operated by an indirect discharger producing specialty grade sulfite pulps if the indirect discharger discloses to the pretreatment control authority in a report submitted under 40 CFR 403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes at that fiber line:
(b) The following pretreatment standards shall apply to each new source indirect dischargers unless the indirect discharger certifies to the pretreatment control authority that it is not using these compounds as biocides. In cases when POTWs find it necessary to impose mass effluent standards, equivalent mass standards are provided as guidance:
(c) An indirect discharger must demonstrate compliance with the pretreatment standards in paragraphs (a)(2) or (a)(3) of this section, as applicable, by monitoring for all pollutants at the point where the wastewater containing those pollutants leaves the bleach plant.
The definitions and requirements set forth in 40 CFR 430.03 apply to facilities in this subpart.
The provisions of this subpart are applicable to discharges resulting from the integrated production of pulp and paper at semi-chemical mills.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.62 of this subpart for the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations determined by dividing the average-of-30-consecutive-days limitations for BOD5 by 1.36 and TSS by 1.36.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1,000 lb), but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
The provisions of this subpart are applicable to discharges resulting from: the production of pulp and paper at groundwood chemi-mechanical mills; the production of pulp and paper at groundwood mills through the application of the thermo-mechanical process; the integrated production of pulp and coarse paper, molded pulp products, and newsprint at groundwood mills; and the integrated production of pulp and fine paper at groundwood mills.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of wet barking operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to annual average effluent limitations:
(c) The following limitations establish the quantity or quality of pollutants or pollutant parameters, controlled by this section, resulting from the use of log washing or chip washing operations, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs and/or chips which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations, but shall be subject to the annual average effluent limitations:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, resulting from the use of log flumes or log ponds, which may be discharged by a point source subject to the provisions of this subpart. These limitations are in addition to the limitations set forth in paragraph (a) of this section and shall be calculated using the proportion of the mill's total production due to use of logs which are subject to such operations. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to the annual average effluent limitations:
(e) For those mills using zinc hydrosulfite as a bleaching agent in the manufacturing process, the following effluent limitations are to be added to the base limitations set forth in paragraph (a) of this section. Permittees not using zinc hydrosulfite as a bleaching agent must certify to the permit issuing authority that they are not using this bleaching compound. Non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days effluent limitations, but shall be subject to annual average effluent limitations:
(a)(1) The following applies to: mechanical pulp facilities where the integrated production of pulp and coarse paper, molded pulp products, and newsprint at groundwood mills occurs; and mechanical pulp facilities where the integrated production of pulp and fine paper at groundwood mills occurs:
(2) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.72 of this subpart for the best practicable control technology currently available (BPT).
(b) [Reserved]
(a) The following applies to mechanical pulp facilities where pulp and paper at groundwood mills are produced through the application of the thermo-mechanical process; mechanical pulp facilities where the integrated production of pulp and coarse paper, molded pulp products, and newsprint at groundwood mills occurs; and mechanical pulp facilities where the integrated production of pulp and fine paper at groundwood mills occurs: except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT), except that non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb), but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Pentachlorophenol and trichlorophenol limitations are only applicable at facilities where chlorophenolic-containing biocides are used. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. Zinc limitations are only applicable at facilities where zinc hydrosulfite is used as a bleaching agent. Permittees not using zinc hydrosulfite as a bleaching agent must certify to the permit issuing authority that they are not using this bleaching compound:
(b) [Reserved]
(a) The following applies to mechanical pulp facilities where pulp and paper at groundwood mills are produced through the application of the thermo-mechanical process; mechanical pulp facilities where the integrated production of pulp and coarse paper, molded pulp products, and newsprint at groundwood mills occurs; and mechanical pulp facilities where the integrated production of pulp and fine paper at groundwood mills occurs: 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. Pentachlorophenol and trichlorophenol limitations are only applicable at facilities where chlorophenolic-containing biocides are used. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. Zinc limitations are only applicable at facilities where zinc hydrosulfite is used as a bleaching agent. Permittees not using zinc hydrosulfite as a bleaching agent must certify to the permit issuing authority that they are not using this bleaching compound:
(b) [Reserved]
(a) The following applies to mechanical pulp facilities where pulp and paper at groundwood mills are produced through the application of the thermo-mechanical process; mechanical pulp facilities where the integrated production of pulp and coarse paper, molded pulp products, and newsprint at groundwood mills occurs; and mechanical pulp facilities where the integrated production of pulp and fine paper at groundwood mills occurs: except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES). Pentachlorophenol and trichlorophenol limitations are only applicable at facilities where chlorophenolic-containing biocides are used. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. Zinc limitations are only applicable at facilities where zinc hydrosulfite is used as a bleaching agent. Permittees not using zinc hydrosulfite as a bleaching agent must certify to the permit-issuing authority that they are not using this bleaching compound. PSES must be attained on or before July 1, 1984:
(b) [Reserved]
(a) The following applies to mechanical pulp facilities where pulp and paper at groundwood mills are produced through the application of the thermo-mechanical process; mechanical pulp facilities where the integrated production of pulp and coarse paper, molded pulp products, and newsprint at groundwood mills occurs; and mechanical pulp facilities where the integrated production of pulp and fine paper at groundwood mills occurs: except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). Pentachlorophenol and trichlorophenol limitations are only applicable at facilities where chlorophenolic-containing biocides are used. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. Zinc limitations are only applicable at facilities where zinc hydrosulfite is used as a bleaching agent. Permittees not using zinc hydrosulfite as a bleaching agent must certify to the permit issuing authority that they are not using this bleaching compound:
(b) [Reserved]
The provisions of this subpart are applicable to discharges resulting from the production of pulp and paper at non-wood chemical pulp mills. This subcategory includes, but is not limited to, mills producing non-wood pulps from chemical pulping processes such as kraft, sulfite, or soda.
The general definitions, abbreviations, and methods of analysis set forth in 40 CFR 401 and § 430.01 of this part shall apply to this subpart.
The provisions of this subpart are applicable to discharges resulting from the integrated production of pulp and paper at deink mills.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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:
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984:
(a) Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
The provisions of this subpart are applicable to discharges resulting from the production of: Paperboard from wastepaper; tissue paper from wastepaper without deinking at secondary fiber mills; molded products from wastepaper without deinking at secondary fiber mills; and builders’ paper and roofing felt from wastepaper.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
(b) Noncorrugating medium furnish subdivision mills are mills where recycled corrugating medium is not used in the production of paperboard.
(c) Corrugating medium furnish subdivision mills are mills where only recycled corrugating medium is used in the production of paperboard.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(b) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.102 of this subpart for the best practicable control technology currently available (BPT).
(b) For secondary fiber non-deink facilities where paperboard from wastepaper is produced, non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations determined by dividing the average-of-30-consecutive-days limitations for BOD5 and TSS by 1.77 and 2.18.
(c) For secondary fiber non-deink facilities where builders’ paper and roofing felt from wastepaper are produced, non-continuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations determined by dividing the average-of-30-consecutive-days limitations for BOD5 and TSS by 1.90 and 1.90.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: Comply with 40 CFR part 403; and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: Comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides
The provisions of this subpart are applicable to discharges resulting from the production of: fine paper at nonintegrated mills; and lightweight paper at nonintegrated mills.
For the purpose of this subpart:
(a) Except as provided in paragraphs (b) and (c) of this section, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
(b) Cotton fiber furnish subdivision mills are those mills where significant quantities of cotton fibers (equal to or greater than 4 percent of the total product) are used in the production of fine papers.
(c) Wood fiber furnish subdivision mills are those mills where cotton fibers are not used in the production of fine papers.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.102 of this subpart for the best practicable control technology currently available (BPT).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: Comply with 40 CFR part 403; and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: Comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides
The provisions of this subpart are applicable to discharges resulting from the production of tissue papers at non-integrated mills, filter and non-woven papers at non-integrated mills, and paperboard at non-integrated mills. The production of electrical grades of board and matrix board is not included in this subpart.
For the purpose of this subpart, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 of this part shall apply to this subpart.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), except that non-continuous dischargers shall not be subject to the maximum day and average of 30 consecutive days limitations but shall be subject to annual average effluent limitations:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in 40 CFR 401.16) in § 430.122 of this subpart for the best practicable control technology currently available (BPT).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb) but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
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:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must: Comply with 40 CFR part 403; and achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984:
Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must: Comply with 40 CFR part 403; and achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides:
1.1This method is for determination of adsorbable organic halides (AOX) associated with the Clean Water Act; the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and other organic halides amenable to combustion and coulometric titration. The method is designed to meet the survey and monitoring requirements of the Environmental Protection Agency (EPA).
1.2The method is applicable to the determination of AOX in water and wastewater. This method is a combination of several existing methods for organic halide measurements (References 1 through 7).
1.3The method can be used to measure organically-bound halides (chlorine, bromine, iodine) present in dissolved or suspended form. Results are reported as organic chloride (Cl
1.4This method is for use by or under the supervision of analysts experienced in the use of a combustion/micro-coulometer. Each laboratory that uses this method must demonstrate the ability to generate acceptable results using the procedures described in Section 9.2.
1.5Any modification of the method beyond those expressly permitted (Section 9.1.2) is subject to application and approval of an alternate test procedure under 40 CFR 136.4 and 136.5.
2.1Sample preservation: Residual chlorine that may be present is removed by the addition of sodium thiosulfate. Samples are adjusted to a pH < 2 and maintained at 0 to 4 °C until analysis.
2.2Sample analysis: Organic halide in water is determined by adsorption onto granular activated carbon (GAC), washing the adsorbed sample and GAC to remove inorganic halide, combustion of the sample and GAC to form the hydrogen halide, and titration of the hydrogen halide with a micro-coulometer, as shown in Figure 1.
2.3Micro-coulometer.
2.3.1This detector operates by maintaining a constant silver-ion concentration in a titration cell. An electric potential is applied to a solid silver electrode to produce silver ions in the cell. As hydrogen halide produced from the combustion of organic halide enters the cell, it is partitioned into an acetic acid electrolyte where it precipitates as silver halide. The current produced is integrated over the combustion period. The electric charge is proportional to the number of moles of halogen captured in the cell (Reference 6).
2.3.2The mass concentration of organic halides is reported as an equivalent concentration of organically bound chloride (Cl
3.1Adsorbable organic halides is defined as the analyte measured by this method. The nature of the organo-halides and the presence of semi-extractable material will influence the amount measured and interpretation of results.
3.2Definitions for terms used in this method are given in the glossary at the end of the method (Section 18).
4.1Solvents, reagents, glassware, and other sample processing hardware may yield elevated readings from the micro-coulometer. All materials used in the analysis shall be demonstrated to be free from interferences under the conditions of analysis by running method blanks initially and with each sample batch (samples started through the adsorption process in a given eight-hour shift, to a maximum of 20 samples). Specific selection of reagents and purification of solvents may be required.
4.2Glassware is cleaned by detergent washing in hot water, rinsing with tap water and distilled water, capping with aluminum foil, and baking at 450 °C for at least one hour. For some glassware, immersion in a chromate cleaning solution prior to detergent washing may be required. If blanks from glassware without cleaning or with fewer cleaning steps show no detectable organic halide, the cleaning steps that do not eliminate organic halide may be omitted.
4.3Most often, contamination results from methylene chloride vapors in laboratories that perform organic extractions. Heating, ventilating, and air conditioning systems that are shared between the extraction laboratory and the laboratory in which organic halide measurements are performed transfer the methylene chloride vapors to the air in the organic halide laboratory. Exposure of the activated carbon used in the analysis results in contamination. Separate air handling systems, charcoal filters, and glove boxes can be used to minimize this exposure.
4.4Activated carbon.
4.4.1The purity of each lot of activated carbon must be verified before each use by measuring the adsorption capacity and the background level of halogen (Section 9.5). The stock of activated carbon should be stored in its granular form in a glass container that is capped tightly. Protect carbon at all times from sources of halogen vapors.
4.4.2Inorganic substances such as chloride, chlorite, bromide, and iodide will adsorb on activated carbon to an extent dependent on their original concentration in the aqueous solution and the volume of sample adsorbed. Treating the activated carbon with a solution of nitrate causes competitive desorption of inorganic halide species. However, if the inorganic halide concentration is greater than 2,000 times the organic halide concentration, artificially high results may be obtained.
4.4.3Halogenated organic compounds that are weakly adsorbed on activated carbon are only partially recovered from the sample. These include certain alcohols and acids such as chloroethanol and chloroacetic acid that can be removed from activated carbon by the nitrate wash.
4.5Polyethylene gloves should be worn when handling equipment surfaces in contact with the sample to prevent transfer of contaminants that may be present on the hands.
5.1The toxicity or carcinogenicity of each reagent used in this method has not been precisely determined; however, each chemical substance should be treated as a potential health hazard. Exposure to these substances should be reduced to the lowest possible level. The laboratory is responsible for maintaining a current awareness file of OSHA regulations regarding the safe handling of the chemicals specified in this method. A reference file of material safety data sheets (MSDSs) should be made available to all personnel involved in the chemical analysis. Additional information on laboratory safety can be found in References 9 through 11.
5.2This method employs strong acids. Appropriate clothing, gloves, and eye protection should be worn when handling these substances.
5.3Field samples may contain high concentrations of toxic volatile compounds. Sample containers should be opened in a hood and handled with gloves that will prevent exposure.
Brand names, suppliers, and part numbers are for illustrative purposes only. No endorsement is implied. Equivalent performance may be achieved using apparatus and materials other than those specified here, but demonstration of equivalent performance that meets the requirements of this method is the responsibility of the laboratory.
6.1Sampling equipment.
6.1.1Bottles: 100- to 4000-mL, amber glass, sufficient for all testing (Section 8.2). Detergent water wash, chromic acid rinse, rinse with tap and distilled water, cover with aluminum foil, and heat to 450 °C for at least one hour before use.
6.1.2PTFE liner: Cleaned as above and baked at 100 to 200 °C for at least one hour.
6.1.3Bottles and liners must be lot certified to be free of organic halide by running blanks according to this method.
6.2Scoop for granular activated carbon (GAC): Capable of precisely measuring 40 mg (
6.3Batch adsorption and filtration system.
6.3.1Adsorption system: Rotary shaker, wrist action shaker, ultrasonic system, or other system for assuring thorough contact of sample with activated carbon. Systems different from the one described below must be demonstrated to meet the performance requirements in Section 9 of this method.
6.3.1.1Erlenmeyer flasks: 250- to 1500-mL with ground-glass stopper, for use with rotary shaker.
6.3.1.2Shake table: Sybron Thermolyne Model LE “Big Bill” rotator/shaker, or equivalent.
6.3.1.3Rack attached to shake table to permit agitation of 16 to 25 samples simultaneously.
6.3.2Filtration system (Figure 2).
6.3.2.1Vacuum filter holder: Glass, with fritted-glass support (Fisher Model 09-753E, or equivalent).
6.3.2.2Polycarbonate filter: 0.40 to 0.45 micron, 25-mm diameter (Micro Separations Inc, Model K04CP02500, or equivalent).
6.3.2.3Filter forceps: Fisher Model 09-753-50, or equivalent, for handling filters. Two forceps may better aid in handling filters. Clean by washing with detergent and water, rinsing with tap and deionized water, and air drying on aluminum foil.
6.3.2.4Vacuum flask: 500- to 1500-mL (Fisher 10-1800, or equivalent).
6.3.2.5Vacuum Source: A pressure/vacuum pump, rotary vacuum pump, or other vacuum source capable of providing at least 610 mm (24 in.) Hg vacuum at 30 L/min free air displacement.
6.3.2.6Stopper and tubing to mate the filter holder to the flask and the flask to the pump.
6.3.2.7Polyethylene gloves: (Fisher 11-394-110-B, or equivalent).
6.4Column adsorption system.
6.4.1Adsorption module: Dohrmann AD-2, Mitsubishi TXA-2, or equivalent with pressurized sample and nitrate-wash reservoirs, adsorption columns, column housings, gas and gas pressure regulators, and receiving vessels. For each sample reservoir, there are two adsorption columns connected in series. A small steel funnel for filling the columns and a rod for pushing out the carbon are also required. A schematic of the column adsorption system is shown in Figure 3.
6.4.2Adsorption columns: Pyrex, 5
6.4.3Cerafelt: Johns-Manville, or equivalent, formed into plugs using stainless steel borer (2 mm ID) with ejection rod (available from Dohrmann or Mitsubishi) to hold 40 mg of granular activated carbon (GAC). Caution: Handle Cerafelt with gloves.
6.4.4Column holders: To support adsorption columns.
6.5Combustion/micro-coulometer system: Commercially available as a single unit or assembled from parts. At the time of the writing of this method, organic halide units were commercially available from the Dohrmann Division of Rosemount Analytical, Santa Clara, California; Euroglas BV, Delft, the Netherlands; and Mitsubishi Chemical Industries, Ltd., Tokyo, Japan.
6.5.1Combustion system: Older systems may not have all of the features shown in Figure 4. These older systems may be used provided the performance requirements (Section 9) of this method are met.
6.5.1.1Combustion tube: Quartz, capable of being heated to 800 to 1000 °C and accommodating a boat sampler. The tube must contain an air lock for introduction of a combustion boat, connections for purge and combustion gas, and connection to the micro-coulometer cell.
6.5.1.2Tube furnace capable of controlling combustion tube in the range of 800 to 1000 °C.
6.5.1.3Boat sampler: Capable of holding 35 to 45 mg of activated carbon and a polycarbonate filter, and fitting into the combustion tube (Section 6.5.1.1). Some manufacturers offer an enlarged boat and combustion tube for this purpose. Under a time-
6.5.1.4Motor driven boat sampler: Capable of advancing the combustion boat into the furnace in a reproducible time sequence. A suggested time sequence is as follows:
A. Establish initial gas flow rates: 160 mL/min CO
B. Sequence start.
C. Hold boat in hatch for five seconds to allow integration for baseline subtraction.
D. Advance boat into vaporization zone.
E. Hold boat in vaporization zone for 110 seconds.
F. Establish gas flow rates for combustion: 200 mL/min O
G. Hold boat in pyrolysis zone for six minutes.
H. Return gas flow rates to initial values; retract boat into hatch to cool and to allow remaining HX to be swept into detector (approximately two minutes).
I. Stop integration at 10 minutes after sequence start.
If the signal from the detector does not return to baseline, it may be necessary to extend the pyrolysis time.The sequence above may need to be optimized for each instrument.
6.5.1.5Absorber: Containing sulfuric acid to dry the gas stream after combustion to prevent backflush of electrolyte is highly recommended.
6.5.2Micro-coulometer system: Capable of detecting the equivalent of 0.2 μg of Cl
6.5.2.1Micro-coulometer cell: The three cell designs presently in use are shown in Figure 1. Cell operation is described in Section 2.
6.5.2.2Cell controller: Electronics capable of measuring the small currents generated in the cell and accumulating and displaying the charge produced by hydrogen halides entering the cell. A strip-chart recorder is desirable for display of accumulated charge.
6.6Miscellaneous glassware: nominal sizes are specified below; other sizes may be used, as necessary.
6.6.1Volumetric flasks: 5-, 10-, 25-, 50-, 100-, and 1000-mL.
6.6.2Beakers: 100-, 500-, and 1000-mL.
6.6.3Volumetric pipets: 1- and 10-mL with pipet bulbs.
6.6.4Volumetric micro-pipets: 10-, 20-, 50-, 100-, 200-, and 500-μL with pipet control (Hamilton 0010, or equivalent).
6.6.5Graduated cylinders: 10-, 100-, and 1000-mL.
6.7Micro-syringes: 10-, 50-, and 100-μL.
6.8Balances.
6.8.1Top-loading, capable of weighing 0.1 g.
6.8.2Analytical, capable of weighing 0.1 mg.
6.9pH meter.
6.10Wash bottles: 500- to 1000-mL, PTFE or polyethylene.
6.11Strip-chart recorder: suggested but not required—useful for determining end of integration (Section 11.4.2).
7.1Granular activated carbon (GAC): 75 to 150
7.2Reagent water: Water in which organic halide is not detected by this method.
7.2.1Preparation: Reagent water may be generated by:
7.2.1.1Activated carbon: Pass tap water through a carbon bed (Calgon Filtrasorb-300, or equivalent).
7.2.1.2Water purifier: Pass tap water through a purifier (Millipore Super Q, or equivalent).
7.2.2pH adjustment: Adjust the pH of the reagent water to
7.3Nitric acid (HNO
7.4Sodium chloride (NaCl) solution (100
7.5Ammonium chloride (NH
7.6Sulfuric acid: Reagent grade (specific gravity 1.84).
7.7Oxygen: 99.9% purity.
7.8Carbon Dioxide: 99.9% purity.
7.9Nitrate stock solution: In a 1000-mL volumetric flask, dissolve 17g of NaNO
7.10Nitrate wash solution: Dilute 50 mL of nitrate stock solution (Section 7.9) to 1000 mL with reagent water.
7.11Sodium thiosulfate (Na
7.12Trichlorophenol solutions.
The calibration solutions in this section employ 100-mL volumes. For determinations requiring a larger or smaller volume, increase or decrease the size of the volumetric flasks commensurately. For example, if a 1-L sample is to be analyzed, use 1000-mL flasks (Sections 7.12.3.1 and 7.12.4) and 10 times the volume of reagent water (Sections 7.12.3.1 and 7.12.4). The volume of stock solution added to the calibration solutions and precision and recovery (PAR) test solution remain as specified (Sections 7.12.3.2 and 7.12.4) so that the same amount of chloride is delivered to the coulometric cell regardless of the volume of the calibration and PAR solutions.
7.12.1Methanol: HPLC grade.
7.12.2Trichlorophenol stock solution (1.0 mg/mL of Cl
7.12.3Trichlorophenol calibration solutions.
7.12.3.1Place approximately 90 mL of reagent water in each of five 100-mL volumetric flasks.
7.12.3.2Using a calibrated micro-syringe or micro-pipets, add 2, 5, 10, 30, and 80
7.12.3.3Some instruments may have a calibration range that does not extend to 800
7.12.4Trichlorophenol precision and recovery (PAR) test solution (10
7.13 Acetic acid solution: Containing 30 to 70% acetic acid in deionized water, per the instrument manufacturer's instructions.
8.1Sample preservation.
8.1.1Residual chlorine: If the sample is known or suspected to contain free chlorine, the chlorine must be reduced to eliminate positive interference that may result from continued chlorination reactions. A knowledge of the process from which the sample is collected may be of value in determining whether dechlorination is necessary. Immediately after sampling, test for residual chlorine using the following method or an alternative EPA method (Reference 12):
8.1.1.1Dissolve a few crystals of potassium iodide in the sample and add three to five drops of a 1% starch solution. A blue color indicates the presence of residual chlorine.
8.1.1.2If residual chlorine is found, add 1 mL of sodium thiosulfate solution (Section 7.11) for each 2.5 ppm of free chlorine or until the blue color disappears. Do not add an excess of sodium thiosulfate. Excess sodium thiosulfate may cause decomposition of a small fraction of the OX.
8.1.2Acidification: Adjust the pH of aqueous samples to
8.1.3Refrigeration: Maintain samples at a temperature of 0 to 4 °C from time of collection until analysis.
8.2Collect the amount of sample necessary for analysis (Section 11) and all QC tests (Section 9) in an amber glass bottle of the appropriate size (Section 6.1.1).
8.3Analyze samples no less than three days nor more than six months after collection.
9.1Each laboratory that uses this method is required to operate a formal quality assurance program. The minimum requirements of this program consist of an initial demonstration of laboratory capability, an ongoing analysis of standards and blanks as tests of continued performance, and analysis of matrix spike and matrix spike duplicate (MS/MSD) samples to assess accuracy and precision. Laboratory performance is compared to established performance criteria to determine if the results of analyses meet the performance characteristics of the method.
9.1.1The laboratory shall make an initial demonstration of the ability to produce acceptable results with this method. This ability is demonstrated as described in Section 9.2.
9.1.2The laboratory is permitted to modify this method to improve separations or lower the costs of measurements, provided that all performance specifications are met. Each time a modification is made to the method, the laboratory is required to repeat the procedures in Sections 9.2.2 and 10 to demonstrate continued method performance. If the detection limit of the method will be affected by the modification, the laboratory should demonstrate that the MDL (40 CFR
9.1.3The laboratory shall spike 10% of the samples with known concentrations of 2,4,6-trichlorophenol to monitor method performance and matrix interferences (interferences caused by the sample matrix). This test is described in Section 9.3. When results of these spikes indicate atypical method performance for samples, the samples are diluted to bring method performance within acceptable limits.
9.1.4Analyses of blanks are required to demonstrate freedom from contamination. The procedures and criteria for analysis of blanks are described in Section 9.4.
9.1.5The laboratory shall, on an ongoing basis, demonstrate through the analysis of the precision and recovery (PAR) standard that the analysis system is in control. These procedures are described in Section 9.10.
9.1.6The laboratory shall perform quality control tests on the granular activated carbon. These procedures are described in Section 9.5.
9.1.7Samples are analyzed in duplicate to demonstrate precision. These procedures are described in Section 9.6.
9.2Initial demonstration of laboratory capability.
9.2.1Method Detection Limit (MDL): To establish the ability to detect AOX, the laboratory should determine the MDL per the procedure in 40 CFR 136, Appendix B using the apparatus, reagents, and standards that will be used in the practice of this method. An MDL less than or equal to the MDL in Section 1.3 should be achieved prior to the practice of this method.
9.2.2Initial precision and recovery (IPR): To establish the ability to generate acceptable precision and recovery, the laboratory shall perform the following operations:
9.2.2.1Analyze four aliquots of the PAR standard (Section 7.12.4) and a method blank according to the procedures in Sections 9.4 and 11.
9.2.2.2Using the blank-subtracted results of the set of four analyses, compute the average percent recovery (X) and the standard deviation of the percent recovery (s) for the results.
9.2.2.3The average percent recovery shall be in the range of 81 to 114
9.3Matrix spikes: The laboratory shall spike a minimum of 10% of samples from a given matrix type (e.g., C-stage filtrate, produced water, treated effluent) in duplicate (MS/MSD). If only one sample from a given matrix type is analyzed, an additional two aliquots of that sample shall be spiked.
9.3.1The concentration of the analytes spiked into the MS/MSD shall be determined as follows:
9.3.1.1If, as in compliance monitoring, the concentration of OX is being checked against a regulatory concentration limit, the spiking level shall be at that limit or at one to five times higher than the background concentration determined in Section 9.3.2, whichever concentration is higher.
9.3.1.2If the concentration of OX is not being checked against a regulatory limit, the spike shall be at the concentration of the precision and recovery standard (PAR; Section 7.12.4) or at one to five times higher than the background concentration determined in Section 9.3.2, whichever concentration is higher.
9.3.2Analyze one sample out of each batch of 10 samples from each site to determine the background concentration of AOX. If necessary, prepare a solution of 2,4,6-trichlorophenol appropriate to produce a level in the sample one to five times the background concentration. Spike two additional sample aliquots with spiking solution and analyze them to determine the concentration after spiking.
9.3.2.1Compute the percent recovery of each analyte in each aliquot:
9.3.2.2Compute the relative percent difference (RPD) between the two results (not between the two recoveries) as described in Section 12.4.
9.3.2.3 If the RPD is less than 20%, and the recoveries for the MS and MSD are within the range of 78 to 116%, the results are acceptable.
9.3.2.4If the RPD is greater than 20%, analyze two aliquots of the precision and recovery standard (PAR).
9.3.2.4.1If the RPD for the two aliquots of the PAR is greater than 20%, the analytical system is out of control. In this case, repair the problem and repeat the analysis of the sample batch, including the MS/MSD.
9.3.2.4.2If, however, the RPD for the two aliquots of the PAR is less than 20%, dilute the sample chosen for the MS/MSD by a factor of 2-10 (to remain within the working range of the analytical system) and repeat the MS/MSD test. If the RPD is still greater than 20%, the result may not be reported for regulatory compliance purposes. In this case, choose another sample for the MS/MSD and repeat analysis of the sample batch.
9.3.2.5If the percent recovery for both the MS and MSD are less than 78% or greater
9.3.2.5.1If the recovery of the PAR is outside the 78 to 116% range, the analytical system is out of control. In this case, repair the problem and repeat the analysis of the sample batch, including the MS/MSD.
9.3.2.5.2If the recovery of the PAR is within the range of 78 to 116%, dilute the sample, MS, and MSD by a factor of 2-10 (to remain within the working range of the analytical system) and re-analyze. If the results of the dilute analyses remain outside of the acceptable range, these results may not be reported for regulatory compliance purposes. In this case, choose another sample for the MS/MSD and repeat the analysis of the sample batch.
9.4Blanks.
9.4.1Reagent water blanks: Analyzed to demonstrate freedom from contamination.
9.4.1.1Analyze a reagent water blank with each batch of samples. The blank must be analyzed immediately preceding calibration verification to allow for blank subtraction and to demonstrate freedom from contamination and memory effects, and must include all details of the procedure to be followed when analyzing samples.
9.4.1.2 Prepare the reagent water blank using a volume of reagent water equivalent to the volume used for sample preparation (Section 11.1). If using the micro-column procedure, adsorb the method blank using two columns, as described in Section 11. Combust the GAC from each column separately, as described in Section 11.
9.4.1.3If the result from the blank from the batch method or the sum of the results from two columns is more than 20 μg/L, analysis of samples is halted until the source of contamination is eliminated and a blank shows no evidence of contamination at this level.
9.4.2Nitrate-washed GAC blanks: Analyzed daily to demonstrate that the GAC is free from contamination.
9.4.2.1Nitrate-washed GAC blank for the batch procedure: Analyze a batch nitrate-washed GAC blank by adding a scoop of dry GAC to the assembled filter apparatus containing the polycarbonate membrane and washing the GAC with the nitrate wash solution (Section 7.10) using the procedure in Section 11.2.6.
9.4.2.2Nitrate-washed GAC blank for the column procedure: Analyze a column nitrate-washed GAC blank by assembling two carbon columns in series and washing the columns with the nitrate wash solution (Section 7.10) using the procedure in Section 11.3.4.2. Analyze the GAC in each column separately. The results of the second analysis must be within
9.4.3The result for the reagent water blank (Section 9.4.1) shall not exceed the result for the nitrate wash blank (Section 9.4.2.1 or 9.4.2.2) by more than 0.5 μg Cl
9.5Granular activated carbon (GAC) batch testing: Each lot number or batch of activated carbon received from a supplier is tested once before use to ensure adequate quality. Use only GAC that meets the test criteria below.
9.5.1Contamination test: Analyze a scoop of GAC. Reject carbon if the amount of OX exceeds 1 μg (25 μg Cl
9.5.2Inorganic chloride adsorption test: Attempt to adsorb NaCl from 100 mL of a solution containing 100 mg/L in reagent water. Wash with nitrate solution and analyze. The amount of halide should be less than 1 μg Cl
9.6Samples that are being used for regulatory compliance purposes shall be analyzed in duplicate.
9.6.1The procedure for preparing duplicate sample aliquots is described in Section 11.5.
9.6.2Calculate the RPD by following the same procedure described in Section 12.4.
9.6.3If the RPD is greater than 20%, the analyses must be repeated.
9.6.4If the RPD remains greater than 20%, the result may not be reported for regulatory compliance purposes.
9.7The specifications in this method can be met if the apparatus used is calibrated properly and maintained in a calibrated state. The standards used for calibration (Section 10), calibration verification (Section 9.9), and for initial (Section 9.2.2) and ongoing (Section 9.10) precision and recovery should be identical, so that the most precise results will be obtained.
9.8Depending on specific program requirements, field duplicates may be collected to determine the precision of the sampling technique.
9.9At the beginning and end of each eight-hour shift during which analyses are performed, system performance and calibration are verified. Verification of system performance and calibration may be performed more frequently, if desired.
9.9.1If performance and calibration are verified at the beginning and end of each shift (or more frequently), samples analyzed during that period are considered valid.
9.9.2If performance and calibration are not verified at both the beginning and end of a shift (or more frequently), samples analyzed during that period must be reanalyzed.
9.9.3If calibration is verified at the beginning of a shift, recalibration using the five standards described in Section 10.6 is not
9.9.4Cell maintenance and other changes to the analytical system that can affect system performance may not be performed during the eight-hour (or shorter) shift.
9.10Calibration verification and ongoing precision and recovery: Calibration and system performance are verified by the analysis of the 100 μg/L PAR standard.
9.10.1Analyze a blank (Section 9.4) and analyze the PAR standard (Section 7.12.4) immediately thereafter at the beginning and end of each shift. Compute the concentration of organic halide in the blank and in the PAR standard using the procedures in Section 12. The blank shall be less than 2 μg Cl
9.10.2Subtract the result for the blank from the result of the PAR standard using the procedures in Section 12, and compute the percent recovery of the blank-subtracted PAR standard. The percent recovery shall be in the range of 78 to 116%.
9.10.3If the recovery is within this range, the analytical process is in control and analysis of blanks and samples may proceed. If, however, the recovery is not within the acceptable range, the analytical process is not in control. In this event, correct the problem and repeat the ongoing precision and recovery test (Section 9.10), or recalibrate (Sections 10.5 through 10.6).
9.10.4If the recovery is not within the acceptable range for the PAR standard analyzed at the end of the eight-hour shift, correct the problem, repeat the ongoing precision and recovery test (Section 9.10), or recalibrate (Sections 10.5 through 10.6), and reanalyze the sample batch that was analyzed during the eight-hour shift.
9.10.5If the recovery is within the acceptable range at the end of the shift, and samples are to be analyzed during the next eight-hour shift, the end of shift verification may be used as the beginning of shift verification for the subsequent shift, provided the next eight-hour shift begins as the first shift ends.
9.11It is suggested but not required that the laboratory develop a statement of data quality for AOX and develop QC charts to form a graphic demonstration of method performance. Add results that pass the specification in Section 9.10.2 to initial and previous ongoing data. Develop a statement of data quality by calculating the average percent recovery (R) and the standard deviation of percent recovery (s
10.1Assemble the OX system and establish the operating conditions necessary for analysis. Differences between various makes and models of instruments will require different operating procedures. Laboratories should follow the operating instructions provided by the manufacturer of their particular instrument. Sensitivity, instrument detection limit, precision, linear range, and interference effects must be investigated and established for each particular instrument. Calibration is performed when the instrument is first set up and when calibration cannot be verified (Section 9.9).
10.2Cell performance test: Inject 100 μL of the sodium chloride solution (10 μg Cl
10.3Combustion system test: This test can be used to assure that the combustion/micro-coulometer systems are performing properly without introduction of carbon. This test should be used during initial instrument setup and when instrument performance indicates a problem with the combustion system.
10.3.1Designate a quartz boat for use with the ammonium chloride (NH
10.3.2Inject 100 μL of the NH
10.3.3The result shall be between 9.5 and 10.5 μg Cl
10.4Trichlorophenol combustion test: This test can be used to assure that the combustion/micro-coulometer systems are performing properly when carbon is introduced. It should be used during instrument setup and when it is necessary to isolate the adsorption and combustion steps.
10.4.1Inject 10 μL of the 1 mg/mL trichlorophenol stock solution (Section 7.12.2) onto one level scoop of GAC in a quartz boat.
10.4.2Immediately proceed with the analysis to prevent loss of trichlorophenol and to prevent contamination of the carbon.
10.4.3The result shall be between 9.0 and 11.0 μg Cl
10.5Background level of Cl
10.5.1Using the procedure in Section 11 (batch or column) that will be used for the analysis of samples, determine the background level of Cl
10.5.2Calculate the average (mean) concentration of Cl
10.5.3The sum of the average concentration plus two times the standard deviation of the concentration shall be less than 20 μg/L. If not, the water or carbon shall be replaced, or the adsorption system moved to an area free of organic halide vapors, and the test (Section 10.5) shall be repeated. Only after this test is passed may calibration proceed.
10.6Calibration by external standard: A calibration line encompassing the calibration range is developed using solutions of 2,4,6-trichlorophenol.
10.6.1Analyze each of the five calibration solutions (Section 7.12.3) using the procedure in Section 11 (batch or column) that will be used for the analysis of samples, and the same procedure that was used for determination of the system background (Section 10.5). Analyze these solutions beginning with the lowest concentration and proceeding to the highest. Record the response of the micro-coulometer to each calibration solution.
10.6.2Prepare a method blank as described in Section 9.4. Subtract the value of the blank from each of the five calibration results, as described in Section 12.
10.6.3Calibration factor (ratio of response to concentration) Using the blank subtracted results, compute the calibration factor at each calibration point, and compute the average calibration factor and the relative standard deviation (coefficient of variation; Cv) of the calibration factor over the calibration range.
10.6.4Linearity: The Cv of the calibration factor shall be less than 20%; otherwise, the calibration shall be repeated after adjustment of the combustion/micro-coulometer system and/or preparation of fresh calibration standards.
10.6.5Using the average calibration factor, compute the percent recovery at each calibration point. The recovery at each calibration point shall be within the range of 80 to 111%. If any point is not within this range, a fresh calibration standard shall be prepared for that point, this standard shall be analyzed, and the calibration factor (Section 10.6.3) and calibration linearity (Section 10.6.4) shall be computed using the new calibration point. All points used in the calibration must meet the 80 to 111% recovery specification.
11.1Sample dilution: Many samples will contain high concentrations of halide. If analyzed without dilution, the micro-coulometer can be overloaded, resulting in frequent cell cleaning and downtime. The following guidance is provided to assist in estimating dilution levels.
11.1.1Paper and pulp mills that employ chlorine bleaching: Samples from pulp mills that use a chlorine bleaching process may overload the micro-coulometer. To prevent system overload, the maximum volume suggested for paper industry samples that employ halide in the bleaching process is 100 mL. An adsorption volume as small as 25 mL may be used, provided the concentration of AOX in the sample can be measured reliably, as defined by the requirements in Section 9.11. To minimize volumetric error, an adsorption volume less than 25 mL may not be used. If AOX cannot be measured reliably in a 100-mL sample volume, a sample volume to a maximum of 1000 mL must be used. The sample and adsorption volumes are suggested for paper industry samples employing chlorine compounds in the bleaching process:
11.1.2Sample dilution procedure.
11.1.2.1Partially fill a precleaned volumetric flask with pH < 2 reagent water, allowing for the volume of sample to be added.
11.1.2.2Mix sample thoroughly by tumbling or shaking vigorously.
11.1.2.3Immediately withdraw the required sample aliquot using a pipet or micro-syringe.
Because it will be necessary to rinse the pipet or micro-syringe (Section 11.1.2.5), it may be necessary to pre-calibrate the
11.1.2.4Dispense or inject the aliquot into the volumetric flask.
11.1.2.5Rinse the pipet or syringe with small portions of reagent water and add to the flask.
11.1.2.6Dilute to the mark with pH < 2 reagent water.
11.1.3All samples to be reported for regulatory compliance monitoring purposes must be analyzed in duplicate, as described in Section 11.5.
11.1.4Pulp and Paper in-process samples: The concentration of organic halide in in-process samples has been shown to be 20 to 30% greater using the micro-column adsorption technique than using the batch adsorption technique. For this reason, the micro-column technique shall be used for monitoring in-process samples. Examples of in-process samples include: combined bleach plant effluent, C-stage filtrate, and E-stage filtrate.
11.2Batch adsorption and filtration.
11.2.1Place the appropriate volume of sample (diluted if necessary), preserved as described in Section 8, into an Erlenmeyer flask.
11.2.2Add 5 mL of nitrate stock solution to the sample aliquot.
11.2.3Add one level scoop of activated carbon that has passed the quality control tests in Section 9.
11.2.4Shake the suspension for at least one hour in a mechanical shaker.
11.2.5Filter the suspension through a polycarbonate membrane filter. Filter by suction until the liquid level reaches the top of the carbon.
11.2.6Wash the inside surface of the filter funnel with 25 mL (
11.2.7Carefully remove the top of the filter holder, making sure that no carbon is lost. This operation is most successfully performed by removing the clamp, tilting the top of the filter holder (the funnel portion) to one side, and lifting upward.
11.2.8Using a squeeze bottle or micro-syringe, rapidly rinse the carbon from the inside of the filter holder onto the filter cake using small portions of wash solution. Allow the cake to dry under vacuum for no more than 10 seconds after the final rinse. Immediately turn the vacuum off.
11.2.9Using tweezers, carefully fold the polycarbonate filter in half, then in fourths, making sure that no carbon is lost.
11.3Column adsorption.
11.3.1Column preparation: Prepare a sufficient number of columns for one day's operation as follows:
11.3.1.1In a glove box or area free from halide vapors, place a plug of Cerafelt into the end of a clean glass column.
11.3.1.2Fill the glass column with one level scoop (approximately 40 mg) of granular activated carbon that has passed the quality control tests in Section 9.
11.3.1.3Insert a Cerafelt plug into the open end of the column to hold the carbon in place.
11.3.1.4Store the columns in a glass jar with PTFE lined screw-cap to prevent infiltration of halide vapors from the air.
11.3.2Column setup.
11.3.2.1Install two columns in series in the adsorption module.
11.3.2.2If the sample is known or expected to contain particulates that could prevent free flow of sample through the micro-columns, a Cerafelt plug is placed in the tubing ahead of the columns. If a measurement of the OX content of the particulates is desired, the Cerafelt plug can be washed with nitrate solution, placed in a combustion boat, and processed as a separate sample.
11.3.3Adjusting sample flow rate: Because the flow rate used to load the sample onto the columns can affect the ability of the GAC to adsorb organic halides, the flow rate of the method blank is measured, and the gas pressure used to process samples is adjusted accordingly. The flow rate of the blank, which is composed of acidified reagent water and contains no particulate matter, should be greater than the flow rate of any sample containing even small amounts of particulate matter.
11.3.3.1Fill the sample reservoir with the volume of reagent water chosen for the analysis (Section 9.4.1.2) that has been preserved and acidified as described in Section 8. Cap the reservoir.
11.3.3.2Adjust the gas pressure per the manufacturer's instructions. Record the time required for the entire volume of reagent water to pass through both columns. The flow rate must not exceed 3 mL/min over the duration of the time required to adsorb the volume. If this flow rate is exceeded, adjust gas pressure, prepare another blank, and repeat the adsorption.
11.3.3.3Once the flow rate for the blank has been established, the same adsorption conditions must be applied to all subsequent samples during that eight-hour shift, or until another method blank is processed, whichever comes first. To aid in overcoming breakthrough problems, a lower gas pressure (and, therefore, flow rate) may be used for
11.3.3.4Elute the pair of columns with 2 mL of nitrate wash solution. The flow rate of nitrate wash solution must not exceed 3 mL/min.
11.3.3.5Separate the columns and mark for subsequent analysis.
11.3.4The adsorption of sample volumes is performed in a similar fashion. Fill the sample reservoir with the sample volume chosen for the analysis (Section 11.1), that has been preserved as described in Section 8. All analyses must be performed with this volume (sample volume plus reagent water, as needed) in order to maintain a flow rate no greater than that determined for the blank (see Section 11.3.3).
11.3.4.1Use the same gas pressure for sample adsorption as is used for the blank.
11.3.4.2Elute the columns with 2 mL of the nitrate wash solution.
11.3.4.3Separate the columns and mark for subsequent analysis.
11.3.5If it is desirable to make measurements at levels lower than can be achieved with the sample volume chosen, or if the instrument response of an undiluted sample is less than three times the instrument response of the blank (Section 12.6.3), a larger sample volume must be used.
11.4Combustion and titration.
11.4.1Polycarbonate filter and GAC from batch adsorption.
11.4.1.1Place the folded polycarbonate filter containing the GAC in a quartz combustion boat, close the airlock, and proceed with the automated sequence.
11.4.1.2Record the signal from the micro-coulometer for a minimum integration time of 10 minutes and determine the concentration of Cl
11.4.2Columns from column adsorption.
11.4.2.1Using the push rod, push the carbon and the Cerafelt plug(s) from the first column into a combustion boat. Proceed with the automated sequence.
11.4.2.2Record the signal from the micro-coulometer for a minimum integration time of 10 minutes and determine the concentration of Cl
11.4.2.3Repeat the automated sequence with the second column.
11.4.2.4Determine the extent of breakthrough of organic halides from the first column to the second column, as described in Section 12.
11.4.3The two columns that are used for the method blank must be combusted separately, as is done for samples. 11.5 Duplicate sample analysis: All samples to be reported for regulatory compliance purposes must be analyzed in duplicate. This requirement applies to both the batch and column adsorption procedures. In addition, if it is necessary to dilute the sample for the purposes of reducing breakthrough or maintaining the concentration within the calibration range, a more or less dilute sample must be analyzed. The adsorption volumes used for analysis of undiluted samples, diluted samples, and all replicates must be the same as the volume used for QC tests and calibration (Sections 9 and 10).
11.5.1Using results from analysis of one sample volume (Section 11.4) and the procedure in Section 11.1.2, determine if the dilution used was within the calibration range of the instrument and/or if breakthrough exceeded the specification in Section 12.3.1. If the breakthrough criterion was exceeded or the sample was not within the calibration range, adjust the dilution volume as needed. If the breakthrough criterion was not exceeded and the sample dilution was within the calibration range, a second volume at the same dilution level may be used.
11.5.2Adsorb the sample using the same technique (batch or column) used for the first sample volume. Combust the GAC from the second volume as described in Section 11.4, and calculate the results as described in Section 12. Compare the results of the two analyses as described in Section 12.4.
11.5.3Duplicate analyses are not required for method blanks, as different dilution levels are not possible.
11.5.4Duplicate analyses of the PAR standard used for calibration verification (Section 9.10) are not required.
12.1Batch Adsorption Method: Calculate the blank-subtracted concentration of adsorbable organic halide detected in each sample (in micrograms of chloride per liter) using the following equation:
This calculation is performed for each of the two dilution levels analyzed for each sample.
12.2Column Adsorption Method: Calculate the blank-subtracted concentration of adsorbable organic halide detected in each sample (in micrograms of chloride per liter) using the following equation:
12.3Percent breakthrough: For each sample analyzed by the column method, calculate the percent breakthrough of halide from the first column to the second column, using the following equation:
12.3.1For samples to be reported for regulatory compliance purposes, the percent breakthrough must be less than or equal to 25% for both of the two analyses performed on each sample (see Section 11.5).
12.3.2If the breakthrough exceeds 25%, dilute the affected sample further, maintaining the amount of halide at least three times higher than the level of blank, and reanalyze the sample. Ensure that the sample is also analyzed at a second level of dilution that is at least a factor of 2 different (and still higher than three times the blank).
12.4Relative percent difference (RPD): Calculate the relative percent difference between the results of the two analyses of each sample, using the following equation:
12.5High concentrations of AOX: If the amount of halide from either analysis exceeds the calibration range, dilute the sample and reanalyze, maintaining at least a factor of 2 difference in the dilution levels of the two portions of the sample used.
12.6Low concentrations of AOX: The blank-subtracted final result from the batch procedure or the sum of the blank-subtracted results from the two carbon columns should be significantly above the level of the blank.
12.6.1If the instrument response for a sample exceeds the instrument response for the blank by a factor of at least 3, the result is acceptable.
12.6.2If the instrument response for a sample is less than three times the instrument response for the blank, and the sample has been diluted, analyze a less dilute aliquot of sample.
12.6.3If the instrument response of an undiluted sample containing AOX above the minimum level is less than three times the instrument response for the blank, the result is suspect and may not be used for regulatory compliance purposes. In this case, find the cause of contamination, correct the problem, and reanalyze the sample under the corrected conditions.
12.7Report results that meet all of the specifications in this method as the mean of the blank-subtracted values from Section 12.1 or 12.2 for the two analyses at different dilution levels, in μg/L of Cl
The specifications contained in this method are based on data from a single laboratory and from a large-scale study of the pulp and paper industry.
14.1The solvents used in this method pose little threat to the environment when recycled and managed properly.
14.2Standards should be prepared in volumes consistent with laboratory use to minimize the volume of expired standards to be disposed.
15.1It is the laboratory's responsibility to comply with all federal, state, and local regulations governing waste management, particularly the hazardous waste identification rules and land disposal restrictions, and to protect the air, water, and land by minimizing and controlling all releases from fume hoods and bench operations. Compliance with all sewage discharge permits and regulations is also required.
15.2Samples preserved with HCl or H
15.3For further information on waste management, consult “The Waste Management Manual for Laboratory Personnel,” and “Less is Better: Laboratory Chemical Management for Waste Reduction,” both available from the American Chemical Society's Department of Government Relations and Science Policy, 1155 16th Street N.W., Washington, D.C. 20036.
16.1“Total Organic Halide, Methods 450.1—Interim,” Prepared by Stephen Billets and James J. Lichtenberg, USEPA, Office of Research and Development, Physical and Chemical Methods Branch, EMSL-Cincinnati, Cincinnati, OH 45268, EPA 600/4-81-056 (1981).
16.2Method 9020, USEPA Office of Solid Waste, “Test Methods for Evaluating Solid Waste, SW-846,” Third Edition, 1987.
16.3“Determination of Adsorbable Organic Halogens (AOX),” “German Standard Methods for the Analysis of Water, Waste Water and Sludge—General Parameters of Effects and Substances,” Deutsche Industrie Norm (DIN) Method 38 409, Part 14, DIN German Standards Institute, Beuth Verlag, Berlin, Germany (1987).
16.4“Water Quality: Determination of Adsorbable Organic Halogens (AOX),” International Organization for Standard/Draft International Standardization (ISO/DIS) Method 9562 (1988).
16.5“Organically Bound Chlorine by the AOX Method,” SCAN-W 9:89, Secretariat, Scandinavian Pulp, Paper and Board Testing Committee, Box 5604, S-11486, Stockholm, Sweden (1989).
16.6Method 5320, “Dissolved Organic Halogen,” from “Standard Methods for the Examination of Water and Wastewater,” 5320, American Public Health Association, 1015 15th St. NW, Washington, DC 20005 (1989).
16.7“Canadian Standard Method for the Determination of Adsorbable Organic Halides (AOX) in Waters and Wastewaters,” Environment Canada and The Canadian Pulp and Paper Association (1990).
16.840 CFR Part 136, Appendix B.
16.9“Working with Carcinogens,” DHEW, PHS, CDC, NIOSH, Publication 77-206, (Aug 1977).
16.10“OSHA Safety and Health Standards, General Industry” OSHA 2206, 29 CFR 1910 (Jan 1976).
16.11“Safety in Academic Chemistry Laboratories,” ACS Committee on Chemical Safety (1979).
16.12“Methods 330.4 and 330.5 for Total Residual Chlorine,” USEPA, EMSL-Cincinnati, Cincinnati, OH 45268, EPA-4-79-020 (March 1979).
16.13“Validation of Method 1650: Determination of Organic Halide,” Analytical Technologies Inc., ERCE Contract 87-3410, November 15, 1990. Available from the EPA Sample Control Center, DynCorp, 300 N. Lee St., Alexandria, VA 22314 (703-519-1140).
These definitions and purposes are specific to this method but have been conformed to common usage as much as possible.
18.1 Units of weight and measure and their abbreviations.
18.1.1Symbols.
18.1.2Alphabetical characters.
18.2Definitions and acronyms (in alphabetical order).
Analyte: AOX tested for by this method.
Calibration standard (CAL): A solution prepared from a secondary standard and/or stock solution which is used to calibrate the response of the instrument with respect to analyte concentration.
Calibration verification standard (VER): The mid-point calibration standard (CS3) that is used to verify calibration.
Field blank: An aliquot of reagent water or other reference matrix that is placed in a sample container in the laboratory or the field, and treated as a sample in all respects, including exposure to sampling site conditions, storage, preservation, and all analytical procedures. The purpose of the field blank is to determine if the field or sample transporting procedures and environments have contaminated the sample.
IPR: Initial precision and recovery; four aliquots of the diluted PAR standard analyzed to establish the ability to generate acceptable precision and accuracy. An IPR is performed prior to the first time this method is used and any time the method or instrumentation is modified.
Laboratory blank: See Method blank.
Laboratory control sample (LCS): See Ongoing precision and recovery sample (OPR).
Laboratory reagent blank: See Method blank.
May: This action, activity, or procedural step is neither required nor prohibited.
May not: This action, activity, or procedural step is prohibited.
Method blank: An aliquot of reagent water that is treated exactly as a sample including exposure to all glassware, equipment, solvents, reagents, internal standards, and surrogates that are used with samples. The method blank is used to determine if analytes or interferences are present in the laboratory environment, the reagents, or the apparatus.
Minimum level (ML): The level at which the entire analytical system must give a recognizable signal and acceptable calibration point for the analyte. It is equivalent to the concentration of the lowest calibration standard, assuming that all method-specified sample weights, volumes, and cleanup procedures have been employed.
Must: This action, activity, or procedural step is required.
OPR: Ongoing precision and recovery standard; a laboratory blank spiked with a known quantity of analyte. The OPR is analyzed exactly like a sample. Its purpose is to assure that the results produced by the laboratory remain within the limits specified in this method for precision and recovery.
PAR: Precision and recovery standard; secondary standard that is diluted and spiked to form the IPR and OPR.
Preparation blank: See Method blank.
Primary dilution standard: A solution containing the specified analytes that is purchased or prepared from stock solutions and diluted as needed to prepare calibration solutions and other solutions.
Quality control check sample (QCS): A sample containing all or a subset of the analytes at known concentrations. The QCS is obtained from a source external to the laboratory or is prepared from a source of standards different from the source of calibration standards. It is used to check laboratory performance with test materials prepared external to the normal preparation process.
Reagent water: Water demonstrated to be free from the analyte of interest and potentially interfering substances at the method detection limit for the analyte.
Relative standard deviation (RSD): The standard deviation multiplied by 100, divided by the mean.
RSD: See Relative standard deviation.
Should: This action, activity, or procedural step is suggested but not required.
Stock solution: A solution containing an analyte that is prepared using a reference material traceable to EPA, the National Institute of Science and Technology (NIST), or a source that will attest to the purity and authenticity of the reference material.
VER: See Calibration verification standard.
1.1This method is for determination of chlorinated phenolics (chlorinated phenols, guaiacols, catechols, vanillins, syringaldehydes) and other compounds associated with the Clean Water Act; the Resource Conservation and Recovery Act; and the Comprehensive Environmental Response, Compensation, and Liability Act; and that are amenable to in situ acetylation, extraction, and analysis by capillary column gas chromatography/mass spectrometry (GCMS). This method is based on existing methods for determination of chlorophenolics in pulp and paper industry wastewaters (References 1 and 2).
1.2The chemical compounds listed in Table 1 may be determined in waters and, specifically, in in-process streams and
1.3The detection limit of this method is usually dependent on the level of interferences rather than instrumental limitations. The method detection limits (MDLs) in Table 2 typify the minimum quantity that can be detected with no interferences present.
1.4The GCMS portions of this method are for use only by persons experienced with GCMS or under the close supervision of such qualified persons. Laboratories unfamiliar with analyses of environmental samples by GCMS should run the performance tests in Reference 3 before beginning.
1.5Any modification of the method beyond those expressly permitted is subject to the application and approval of alternative test procedures under 40 CFR Parts 136.4 and 136.5.
2.1A 1000-mL aliquot of water is spiked with stable isotopically labeled analogs of the compounds of interest and an internal standard. The solution is adjusted to neutral pH, potassium carbonate buffer is added, and the pH is raised to 9-11.5. The chlorophenolics are converted in situ to acetates by the addition of acetic anhydride. After acetylation, the solution is extracted with hexane. The hexane is concentrated to a final volume of 0.5 mL, an instrument internal standard is added, and an aliquot of the concentrated extract is injected into the gas chromatograph (GC). The compounds are separated by GC and detected by a mass spectrometer (MS). The labeled compounds and internal standard serve to correct the variability of the analytical technique.
2.2Identification of a pollutant (qualitative analysis) is performed by comparing the relative retention time and mass spectrum to that of an authentic standard. A compound is identified when its relative retention time and mass spectrum agree.
2.3Quantitative analysis is performed in one of two ways by GCMS using extracted ion-current profile (EICP) areas: (1) For those compounds listed in Table 1 for which standards and labeled analogs are available, the GCMS system is calibrated and the compound concentration is determined using an isotope dilution technique; (2) for those compounds listed in Table 1 for which authentic standards but no labeled compounds are available, the GCMS system is calibrated and the compound concentration is determined using an internal standard technique.
2.4Quality is assured through reproducible calibration and testing of the extraction and GCMS systems.
3.1Chlorinated phenolics are the chlorinated phenols, guaiacols, catechols, vanillins, syringaldehydes and other compounds amenable to in situ acetylation, extraction, and determination by GCMS using this method.
3.2Definitions for other terms used in this method are given in the glossary at the end of the method (Section 20.0).
4.1Solvents, reagents, glassware, and other sample processing hardware may yield artifacts and/or elevated baselines, causing misinterpretation of chromatograms and spectra. All materials used in the analysis shall be demonstrated to be free from interferences under the conditions of analysis by running method blanks initially and with each sample batch (samples started through the extraction process on a given eight-hour shift, to a maximum of 20). Specific selection of reagents and purification of solvents by distillation in all-glass systems may be required. Glassware and, where possible, reagents are cleaned by using solvent rinse and baking at 450 °C for a minimum of one hour.
4.2Interferences co-extracted from samples will vary considerably from source to source, depending on the diversity of the site being sampled. Industry experience suggests that high levels of non-chlorinated phenols may cause poor recovery of the compounds of interest, particularly in samples collected in the vicinity of a source of creosote, such as a wood-preserving plant (Reference 1).
4.3The internal standard, 3,4,5-trichlorophenol, has been reported to be an anaerobic degradation product of 2,3,4,5-tetrachlorophenol and/or pentachlorophenol (Reference 1). When an interference with this or another compound occurs, labeled pentachlorophenol or another labeled compound may be used as an alternative internal standard; otherwise, the internal standards and reference compounds must be used as specified in this method.
4.4Blank contamination by pentachlorophenol has been reported (Reference 1) to be traceable to potassium carbonate; it has also been reported that this contamination may be removed by baking overnight at 400 to 500 °C.
4.5Catechols are susceptible to degradation by active sites on injection port liners and columns, and are subject to oxidation to the corresponding chloro-o-benzoquinones (Reference 2). A small amount of ascorbic acid may be added to samples to prevent auto-oxidation (Reference 2; also see Section 11.1.6). For pulp and paper industry samples, ascorbic acid may be added to treated effluent samples only.
5.1The toxicity or carcinogenicity of each compound or reagent used in this method has not been precisely determined; however, each chemical compound should be treated as a potential health hazard. Exposure to these compounds should be reduced to the lowest possible level. The laboratory is responsible for maintaining a current awareness file of OSHA regulations regarding the safe handling of the chemicals specified in this method. A reference file of materials safety data sheets (MSDSs) should be made available to all personnel involved in these analyses. Additional information on laboratory safety can be found in References 4 through 6.
5.2Samples may contain high concentrations of toxic compounds, and should be handled with gloves and a hood opened to prevent exposure.
Brand names, suppliers, and part numbers are for illustrative purposes only. No endorsement is implied. Equivalent performance may be achieved using apparatus and materials other than those specified here, but demonstration of equivalent performance that meets the requirements of this method is the responsibility of the laboratory.
6.1Sampling equipment for discrete or composite sampling.
6.1.1Sample bottles and caps.
6.1.1.1Sample bottle: Amber glass, 1000-mL minimum, with screw-cap. If amber bottles are not available, samples shall be protected from light.
6.1.1.2Bottle caps: Threaded to fit sample bottles. Caps shall be lined with PTFE.
6.1.1.3Cleaning bottles: Detergent water wash, cap with aluminum foil, and bake at 450 °C for a minimum of one hour before use.
6.1.1.4Cleaning liners: Detergent water wash, reagent water (Section 7.4) and solvent rinse, and bake at approximately 200 °C for a minimum of 1 hour prior to use.
6.1.1.5Bottles and liners must be lot-certified to be free of chlorophenolics by running blanks according to this method. If blanks from bottles and/or liners without cleaning or with fewer cleaning steps show no detectable chlorophenolics, the bottle and liner cleaning steps that do not eliminate chlorophenolics may be omitted.
6.1.2Compositing equipment: Automatic or manual compositing system incorporating glass containers cleaned per bottle cleaning procedure above. Sample containers are kept at 0 to 4 °C during sampling. Glass or PTFE tubing only shall be used. If the sampler uses a peristaltic pump, a minimum length of compressible silicone rubber tubing may be used in the pump only. Before use, the tubing shall be thoroughly rinsed with methanol, followed by repeated rinsing with reagent water (Section 7.4) to minimize sample contamination. An integrating flow meter is used to collect proportional composite samples.
6.2Extraction apparatus.
6.2.1Bottle or beaker: 1500-to 2000-mL capacity.
6.2.2Separatory funnel: 500-to 2000-mL, glass, with PTFE stopcock.
6.2.3Magnetic stirrer: Corning Model 320, or equivalent, with stirring bar.
6.3Polyethylene gloves: For handling samples and extraction equipment (Fisher 11-394-110-B, or equivalent).
6.4Graduated cylinders: 1000-mL, 100-mL, and 10-mL nominal.
6.5Centrifuge: Capable of accepting 50-mL centrifuge tubes and achieving 3000 RPM.
6.5.1Centrifuge tubes.
6.5.1.135-mL nominal, with PTFE-lined screw-cap.
6.5.1.215-mL nominal, conical graduated, with ground-glass stopper.
6.6Concentration apparatus.
6.6.1Kuderna-Danish (K-D) concentrator tube: 10-mL, graduated (Kontes K-570050-1025, or equivalent) with calibration verified. Ground-glass stopper (size 19/22 joint) is used to prevent evaporation of extracts.
6.6.2Kuderna-Danish (K-D) evaporation flask: 1000-mL (Kontes K-570001-1000, or equivalent), attached to concentrator tube with springs (Kontes K-662750-0012).
6.6.3Snyder column: Three-ball macro (Kontes K-503000-0232, or equivalent).
6.6.4Snyder column: Two-ball micro (Kontes K-469002-0219, or equivalent).
6.6.5Boiling chips: Approximately 10/40 mesh, extracted with methylene chloride and baked at 450 °C for a minimum of one hour.
6.6.6Nitrogen evaporation apparatus: Equipped with a water bath controlled at 35 to 40 °C (N-Evap, Organomation Associates, Inc., South Berlin, MA, or equivalent), installed in a fume hood. This device may be used in place of the micro-Snyder column concentrator in Section 6.6.4 above.
6.7 Water bath: Heated, with concentric ring cover, capable of temperature control (
6.8Sample vials: Amber glass, 1- to 3-mL, with PTFE-lined screw-cap.
6.9Balances.
6.9.1Analytical: Capable of weighing 0.1 mg.
6.9.2Top loading: Capable of weighing 10 mg.
6.10pH meter.
6.11Gas chromatograph: Shall have splitless or on-column injection port for capillary column, temperature program with 50 °C hold, and shall meet all of the performance specifications in Section 9.
6.12Gas chromatographic column: 30 m (
6.13Mass spectrometer: 70 eV electron impact ionization, shall repetitively scan from 42 to 450 amu in 0.95 to 1.00 second, and shall produce a unit resolution (valleys between m/z 441-442 less than 10% of the height of the 441 peak), background-corrected mass spectrum from 50 ng decafluorotriphenylphosphine (DFTPP) introduced through the GC inlet. The spectrum shall meet the mass-intensity criteria in Table 3 (Reference 7). The mass spectrometer shall be interfaced to the GC such that the end of the capillary column terminates within 1 cm of the ion source, but does not intercept the electron or ion beams. All portions of the column which connect the GC to the ion source shall remain at or above the column temperature during analysis to preclude condensation of less volatile compounds.
6.14Data system: Shall collect and record MS data, store mass-intensity data in spectral libraries, process GCMS data, generate reports, and compute and record response factors.
6.14.1Data acquisition: Mass spectra shall be collected continuously throughout the analysis and stored on a mass storage device.
6.14.2Mass spectral libraries: User-created libraries containing mass spectra obtained from analysis of authentic standards shall be employed to reverse search GCMS runs for the compounds of interest (Section 10.2).
6.14.3Data processing: The data system shall be used to search, locate, identify, and quantify the compounds of interest in each GCMS analysis. Software routines shall be employed to compute retention times, and to compute peak areas at the m/z's specified (Table 4). Displays of spectra, mass chromatograms, and library comparisons are required to verify results.
6.14.4Response factors and multi-point calibrations: The data system shall be used to record and maintain lists of response factors (response ratios for isotope dilution) and multi-point calibration curves (Section 10). Computations of relative standard deviation (coefficient of variation) are used for testing calibration linearity. Statistics on initial (Section 9.3.2) and ongoing (Section 9.6) performance shall be computed and maintained.
7.1Reagents for adjusting sample pH.
7.1.1Sodium hydroxide: Reagent grade, 6 N in reagent water.
7.1.2Sulfuric acid: Reagent grade, 6 N in reagent water.
7.2Reagents for sample preservation.
7.2.1Sodium thiosulfate (Na
7.2.2Ascorbic acid solution: Prepare a solution of ascorbic acid in reagent water at a concentration of 0.1 g/mL. This solution must be prepared fresh on each day when derivatizations will be performed. Therefore, do not prepare more than will be used that day. (A 50-mL volume is sufficient for ten analyses).
7.3Solvents: Hexane, acetone, and methanol. Distilled in glass (Burdick and Jackson, or equivalent).
7.4Reagent water: Water in which the compounds of interest and interfering compounds are not detected by this method.
7.5Reagents for derivatization.
7.5.1Potassium carbonate (K
7.5.1.1Purification: Spread in a shallow baking dish, heat overnight at 400 to 500 °C.
7.5.1.2Solution: Dissolve 150 g purified K
7.5.2Acetic anhydride: Redistilled reagent grade.
7.6Analytical standards.
7.6.1Derivatization: Because the chlorinated phenolics are determined as their acetate derivatives after in situ acetylation, the method requires that the calibration standards be prepared by spiking the underivatized materials into reagent water and carrying the spiked reagent water aliquot through the entire derivatization and extraction procedure that is applied to the field samples.
7.6.2Standard solutions: Purchased as solutions or mixtures with certification to their purity, concentration, and authenticity, or prepared from materials of known purity and composition. If chemical purity of a compound is 98% or greater, the weight may be used without correction to compute the concentration of the standard. When not being used, standards are stored in the dark at −20 to −10 °C in screw-capped vials with PTFE-lined lids. A mark is placed on the vial at the level of the solution so that solvent evaporation loss can be detected. The vials are brought to room temperature prior to use.
7.6.3If the chemical purity of any standard does not meet the 98% requirement above, the laboratory must correct all calculations, calibrations, etc., for the difference in purity.
7.7Preparation of stock solutions: Prepare chlorovanillins and chlorosyringaldehydes in acetone, as these compounds are subject to degradation in methanol. Prepare the remaining chlorophenolics in methanol. Prepare all standards per the steps below. Observe the safety precautions in Section 5.
7.7.1Dissolve an appropriate amount of assayed reference material in a suitable solvent. For example, weigh 50 mg (
7.7.2Stock solutions should be checked for signs of degradation prior to the preparation of calibration or performance test standards and shall be replaced after six months, or sooner if comparison with quality control check standards indicates a change in concentration.
7.8Labeled compound spiking solution: From stock solutions prepared as above, or from mixtures, prepare one spiking solution to contain the labeled chlorovanillin in acetone and a second spiking solution to contain the remaining chlorophenolics, including the 3,4,5-trichlorophenol sample matrix internal standard (SMIS), in methanol. The labeled compounds and SMIS are each at a concentration of 12.5
7.9Secondary standards for calibration: Using stock solutions (Section 7.7), prepare one secondary standard containing the chlorovanillins and chlorsyringaldehydes listed in Table 1 in acetone and a second secondary standard containing the remaining chlorophenolics in methanol. The monochlorinated phenol, guaiacol, and catechol are included at a concentration of 25
7.10Instrument internal standard (IIS): Prepare a solution of 2,2′-difluorobiphenyl (DFB) at a concentration of 2.5 mg/mL in hexane.
7.11DFTPP solution: Prepare a solution of DFTPP at 50
7.12Solutions for obtaining authentic mass spectra (Section 10.2): Prepare mixtures of compounds at concentrations which will assure authentic spectra are obtained for storage in libraries.
7.13Preparation of calibration solutions.
7.13.1Into five 1000-mL aliquots of reagent water, spike 50, 100, 200, 500 and 1000
7.13.2Using the procedure in Section 11, derivatize and extract each solution, and concentrate the extract to a final volume of 0.50 mL. This will produce calibration solutions of nominal 5, 10, 20, 50, and 100
7.13.3These solutions permit the relative response (labeled to unlabeled) and the response factor to be measured as a function of concentration (Sections 10.4 and 10.5).
7.13.4The nominal 50
7.14Ongoing precision and recovery (OPR) standard: Used for determination of initial (Section 9.3.2) and ongoing (Section 9.6) precision and recovery. This solution is prepared by spiking 500
7.15Stability of solutions: All standard solutions (Sections 7.7 through 7.14) shall be analyzed within 48 hours of preparation and on a monthly basis thereafter for signs of degradation. Standards will remain acceptable if the peak area at the quantitation m/z relative to the DFB internal standard remains within
8.1Collect samples in glass containers (Section 6.1) following conventional sampling practices (Reference 9). Aqueous samples are collected in refrigerated bottles using automatic sampling equipment.
8.2Sample preservation.
8.2.1Residual chlorine: If the sample contains residual chlorine, the chlorine must be reduced to eliminate positive interference resulting from continued chlorination reactions. Immediately after sampling, test for residual chlorine using the following method or an alternative EPA method (Reference 10).
8.2.1.1Dissolve a few crystals of potassium iodide in the sample and add three to five drops of a 1% starch solution. A blue color indicates the presence of residual chlorine.
8.2.1.2If residual chlorine is found, add 1 mL of sodium thiosulfate solution (Section 7.2.1) for each 2.5 ppm of free chlorine or until the blue color disappears.
8.2.2Acidification: Adjust pH of all aqueous samples to <2 with sulfuric acid (Section 7.1.2). Failure to acidify samples may result in positive interferences from continued chlorination reactions.
8.2.3Refrigeration: Maintain sample temperature at 0 to 4 °C from time of collection until extraction, and maintain extracts at a temperature of 0 to 4° C from time of extraction until analysis.
8.3Collect a minimum of 2000 mL of sample. This will provide a sufficient amount for all testing. Smaller amounts may be collected if the stream is known to contain high levels of chlorophenolics.
8.4All samples must be acetylated and extracted within 30 days of collection, and must be analyzed within 30 days of acetylation. If labeled compound recoveries for a sample do not meet the acceptance criteria in Table 5 and the 30-day holding time is not met, a new sample must be collected.
9.1Each laboratory that uses this method is required to operate a formal quality assurance program (Reference 8). The minimum requirements of this program consist of an initial demonstration of laboratory capability, analysis of samples spiked with labeled compounds to evaluate and document data quality, and analysis of standards and blanks as tests of continued performance. Laboratory performance is compared to established performance criteria to determine if the results of analyses meet the performance characteristics of the method.
9.1.1DFTPP spectrum validity shall be checked at the beginning of each eight-hour shift during which analyses are performed. This test is described in Section 9.2.
9.1.2The laboratory shall make an initial demonstration of the ability to generate acceptable results with this method. This ability is established as described in Section 9.3.
9.1.3The laboratory is permitted to modify this method to improve separations or lower the costs of measurements, provided all performance specifications are met. Each time a modification is made to the method, the laboratory is required to repeat the procedures in Sections 10.3 and 9.3.2 to demonstrate method performance. If the detection limits for the analytes in this method will be affected by the modification, the laboratory should demonstrate that each MDL (40 CFR 136, Appendix B) is less than or equal to the MDL in this method or one-third the regulatory compliance level, whichever is higher.
9.1.4The laboratory shall spike all samples with labeled compounds and the sample matrix internal standard (SMIS) to monitor method performance. This test is described in Section 9.4. When results of these spikes indicate atypical method performance for samples, the samples are diluted to bring method performance within acceptable limits (Section 13).
9.1.5Analyses of blanks are required to demonstrate freedom from contamination. The procedures and criteria for analysis of a blank are described in Section 9.5.
9.1.6The laboratory shall, on an ongoing basis, demonstrate through analysis of the ongoing precision and recovery standard (Section 7.14) that the analysis system is in control. These procedures are described in Section 9.6.
9.1.7The laboratory shall maintain records to define the quality of data that is generated. Development of accuracy statements is described in Section 9.4.4 and 9.6.3.
9.2DFTPP spectrum validity: Inject 1 μL of the DFTPP solution (Section 7.11) either separately or within a few seconds of injection of the OPR standard (Section 9.6) analyzed at the beginning of each shift. The criteria in Table 3 shall be met.
9.3Initial demonstration of laboratory capability.
9.3.1Method Detection Limit (MDL): To establish the ability to detect the analytes in this method, the laboratory should determine the MDL per the procedure in 40 CFR 136, Appendix B using the apparatus, reagents, and standards that will be used in the practice of this method. MDLs less than or equal to the MDLs in Table 2 should be achieved prior to the practice of this method.
9.3.2Initial precision and recovery (IPR): To establish the ability to demonstrate control over the analysis system and to generate acceptable precision and accuracy, the laboratory shall perform the following operations:
9.3.2.1Derivatize, extract, concentrate, and analyze four 1000-mL aliquots of the ongoing precision and recovery standard (OPR; Section 7.14), according to the procedure in Section 11. Separate sets of IPR aliquots must be prepared with the addition of ascorbic acid and without.
9.3.2.2Using results of the four analyses, compute the average percent recovery (X) and the relative standard deviation of the recovery (s) for each compound, by isotope dilution for pollutants with a labeled analog, and by internal standard for pollutants with no labeled analog and for the labeled compounds and the SMIS.
9.3.2.3For each compound, compare s and X with the corresponding limits for initial precision and recovery in Table 5. If s and X for all compounds meet the acceptance criteria, system performance is acceptable and analysis of blanks and samples may begin. If, however, any individual s exceeds the precision limit or any individual X falls outside the range for recovery, system performance is unacceptable for that compound. In this event, correct the problem and repeat the test (Section 9.3.2).
9.4Labeled compound recovery: The laboratory shall spike all samples with labeled compounds and the sample matrix internal
9.4.1Analyze each sample according to the method beginning in Section 11.
9.4.2Compute the percent recovery (P) of the labeled compounds and the SMIS using the internal standard method (Section 14.3) with 2,2’-difluorobiphenyl as the reference compound.
9.4.3Compare the labeled compound and SMIS recovery for each compound with the corresponding limits in Table 5. If the recovery of any compound falls outside its warning limit, method performance is unacceptable for that compound in that sample. Therefore, the sample is complex. The sample is diluted and reanalyzed per Section 13.
9.4.4As part of the QA program for the laboratory, it is suggested, but not required, that method accuracy for samples be assessed and records maintained. After the analysis of five samples for which the labeled compounds pass the tests in Section 9.4.3, compute the average percent recovery (P) and the standard deviation of the percent recovery (sp) for the labeled compounds only. Express the accuracy assessment as a percent recovery interval from P−2sp to P = 2sp for each matrix. For example, if P = 90% and sp = 10%, the accuracy interval is expressed as 70 to 110%. Update the accuracy assessment for each compound on a regular basis (e.g., after each 20 to 30 new accuracy measurements).
9.5Blanks: Reagent water blanks are analyzed to demonstrate freedom from contamination.
9.5.1Extract and concentrate a 1000-mL reagent water blank with each sample batch (samples started through the extraction process on the same eight-hour shift, to a maximum of 20 samples). Blanks associated with samples to which ascorbic acid is added must be prepared with ascorbic acid, and blanks associated with samples to which ascorbic acid is not added must be prepared without ascorbic acid. Analyze the blank immediately after analysis of the OPR (Section 7.14) to demonstrate freedom from contamination.
9.5.2If any of the compounds of interest (Table 1) or any potentially interfering compound is found in an aqueous blank at greater than 5μg/L (assuming a response factor of one relative to the sample matrix internal standard for compounds not listed in Table 1), analysis of samples is halted until the source of contamination is eliminated and a blank shows no evidence of contamination at this level.
9.6Calibration verification and ongoing precision and recovery: At the beginning of each eight-hour shift during which analyses are performed, analytical system performance is verified for all compounds. Analysis of DFTPP (Section 9.2) and the nominal 50μg/mL OPR (Section 11.1.5) is used to verify all performance criteria. Adjustment and/or recalibration, per Section 10, shall be performed until all performance criteria are met. Only after all performance criteria are met may samples and blanks be analyzed.
9.6.1Analyze the extract of the OPR (Section 11.1.5) at the beginning of each eight-hour shift and prior to analysis of samples from the same batch. Alternatively, a separate calibration verification may be performed using an aliquot of the midpoint calibration standard from Section 7.13 (with a nominal concentration of 50μ g/mL). This alternative may be used to check instrument performance on failure of an OPR, or when samples extracted with an OPR aliquot are not analyzed within the same eight-hour analysis shift.
9.6.1.1Retention times: The absolute retention time of 2,2′-difluorobiphenyl shall be within the range of 765 to 885 seconds, and the relative retention times of all pollutants and labeled compounds shall fall within the limits given in Table 2.
9.6.1.2GC resolution: The valley height between 4,6-dichloroguaiacol and 3,4-dichloroguaiacol at m/z 192 shall not exceed 10% of the height of the taller of the two peaks.
9.6.1.3Multiple peaks: Each compound injected shall give a single, distinct GC peak.
9.6.2Compute the percent recovery of each pollutant (Table 1) by isotope dilution (Section 10.4) for those compounds that have labeled analogs. Compute the percent recovery of each pollutant that has no labeled analog by the internal standard method (Section 10.5), using the 3,4,5-trichlorophenol (SMIS) as the internal standard. Compute the percent recovery of the labeled compounds and the SMIS by the internal standard method, using the 2,2′-difluorobiphenyl as the internal standard.
9.6.2.1For each compound, compare the recovery with the limits for ongoing precision and recovery in Table 5. If all compounds meet the acceptance criteria, system performance is acceptable and analysis of blanks and samples may proceed. If, however, any individual recovery falls outside of the range given, system performance is unacceptable for that compound. In this event, there may be a problem with the GCMS or with the derivatization/extraction/concentration systems.
9.6.2.2GCMS system: To determine if the failure of the OPR test (Section 9.6.2.1) is due to instrument drift, analyze the current calibration verification extract (Section 7.13.4), calculate the percent recoveries of all compounds, and compare with the OPR recovery limits in Table 5. If all compounds meet these criteria, GCMS performance/stability is verified, and the failure of the OPR analysis is attributed to problems in the derivatization/extraction/concentration of the OPR. In this case, analysis of the sample
9.6.3Add results that pass the specifications in Section 9.6.2.1 to initial and previous ongoing data for each compound. Update QC charts to form a graphic representation of continued laboratory performance. Develop a statement of laboratory accuracy for each pollutant and labeled compound in each matrix type (reagent water, C-stage filtrate, E-stage filtrate, final effluent, etc.) by calculating the average percent recovery (R) and the standard deviation of percent recovery (sr). Express the accuracy as a recovery interval from R− 2sr to R = 2sr. For example, if R = 95% and sr = 5%, the accuracy is 85 to 105%.
9.7The specifications contained in this method can be met if the apparatus used is calibrated properly, then maintained in a calibrated state. The standards used for calibration (Section 10) and for initial (Section 9.3.2) and ongoing (Section 9.6) precision and recovery should be identical, so that the most precise results will be obtained. The GCMS instrument in particular will provide the most reproducible results if dedicated to the settings and conditions required for the analyses of chlorophenolics by this method.
9.8Depending on specific program requirements, field replicates may be collected to determine the precision of the sampling technique, and spiked samples may be required to determine the accuracy of the analysis when the internal standard method is used.
10.1Assemble the GCMS and establish the operating conditions in Section 12. Analyze standards per the procedure in Section 12 to demonstrate that the analytical system meets the minimum levels in Table 2, and the mass-intensity criteria in Table 3 for 50 ng DFTPP.
10.2Mass-spectral libraries: Detection and identification of compounds of interest are dependent upon spectra stored in user-created libraries.
10.2.1Obtain a mass spectrum of the acetyl derivative of each chlorophenolic compound (pollutant, labeled compound, and the sample matrix internal standard) by derivatizing and analyzing an authentic standard either singly or as part of a mixture in which there is no interference between closely eluting components. That only a single compound is present is determined by examination of the spectrum. Fragments not attributable to the compound under study indicate the presence of an interfering compound.
10.2.2Adjust the analytical conditions and scan rate (for this test only) to produce an undistorted spectrum at the GC peak maximum. An undistorted spectrum will usually be obtained if five complete spectra are collected across the upper half of the GC peak. Software algorithms designed to “enhance” the spectrum may eliminate distortion, but may also eliminate authentic m/z's or introduce other distortion.
10.2.3The authentic reference spectrum is obtained under DFTPP tuning conditions (Section 10.1 and Table 3) to normalize it to spectra from other instruments.
10.2.4The spectrum is edited by removing all peaks in the m/z 42 to 45 range, and saving the five most intense mass spectral peaks and all other mass spectral peaks greater than 10% of the base peak (excluding the peaks in the m/z 42 to 45 range). The spectrum may be further edited to remove common interfering m/z's. The spectrum obtained is stored for reverse search and for compound confirmation. 10.3 Minimum level: Demonstrate that the chlorophenolics are detectable at the minimum level (per all criteria in Section 14). The nominal 5 μg/mL calibration standard (Section 7.13) can be used to demonstrate this performance.
10.4Calibration with isotope dilution: Isotope dilution is used when (1) labeled compounds are available, (2) interferences do not preclude its use, and (3) the quantitation m/z (Table 4) extracted ion-current profile (EICP) area for the compound is in the calibration range. Alternative labeled compounds and quantitation m/z's may be used based on availability. If any of the above conditions preclude isotope dilution, the internal standard calibration method (Section 10.5) is used.
10.4.1A calibration curve encompassing the concentration range is prepared for each compound to be determined. The relative response (pollutant to labeled) vs. concentration in standard solutions is plotted or computed using a linear regression. The example in Figure 1 shows a calibration curve for phenol using phenol-d5 as the isotopic diluent. Also shown are the
10.4.2The relative response of a pollutant to its labeled analog is determined from isotope ratio values computed from acquired data. Three isotope ratios are used in this process:
The m/z's are selected such that R
10.4.3Capillary columns sometimes separate the pollutant-labeled pair when deuterium labeled compounds are used, with the labeled compound eluted first (Figure 2). For this case,
10.4.4When the pollutant-labeled pair is not separated (as occurs with carbon-13-labeled compounds), or when another labeled compound with interfering spectral masses overlaps the pollutant (a case which can occur with isomeric compounds), it is necessary to determine the contributions of the pollutant and labeled compound to the respective EICP areas. If the peaks are separated well enough to permit the data system or operator to remove the contributions of the compounds to each other, the equations in Section 10.4.3 apply. This usually occurs when the height of the valley between the two GC peaks at the same m/z is less than 70 to 90% of the height of the shorter of the two peaks. If significant GC and spectral overlap occur, RR is computed using the following equation:
For example, R
10.4.6Linearity: If the ratio of relative response to concentration for any compound is constant (less than 20% coefficient of variation) over the five-point calibration range, an averaged relative response/concentration ratio may be used for that compound; otherwise, the complete calibration curve for that compound shall be used over the five-point calibration range.
10.5Calibration by internal standard: The method contains two types of internal standards, the sample matrix internal standard (SMIS) and the instrument internal standard (IIS), and they are used for different quantitative purposes. The 3,4,5-trichlorophenol sample matrix internal standard (SMIS) is used for measurement of all pollutants with no labeled analog and when the criteria for isotope dilution (Section 10.4) cannot be met. The 2,2′-difluorobiphenyl instrument internal standard (IIS) is used for determination of the labeled compounds and the SMIS. The results are used for intralaboratory statistics (Sections 9.4.4 and 9.6.3).
10.5.1Response factors: Calibration requires the determination of response factors (RF) for both the pollutants with no labeled analog and for the labeled compounds and the SMIS. The response factor is defined by the following equation:
When this equation is used to determine the response factors for pollutant compounds without labeled analogs, use the area (A
10.5.2The response factor is determined for at least five concentrations appropriate to the response of each compound (Section 7.13); nominally, 5, 10, 20, 50, and 100 μg/mL. The amount of SMIS added to each solution is the same (25 μg/mL) so that C
10.5.3Linearity: If the response factor (RF) for any compound is constant (less than 35% coefficient of variation) over the five-point calibration range, an averaged response factor may be used for that compound; otherwise, the complete calibration curve for that compound shall be used over the five-point range.
10.6Combined calibration: By using calibration solutions (Section 7.13) containing the pollutants, labeled compounds, and the internal standards, a single set of analyses can be used to produce calibration curves for the isotope dilution and internal standard methods. These curves are verified each shift (Section 9) by analyzing the OPR standard, or an optional calibration verification (VER) standard. Recalibration is required only if OPR criteria (Section 9.6 and Table 5) cannot be met.
The procedure described in this section uses a stir-bar in a beaker for the derivatization. The extraction procedures applied to samples depend on the type of sample being analyzed. Extraction of samples from in-process wastewaters is performed using a separatory funnel procedure. All calibrations, IPR, OPR, and blank analyses associated with in-process wastewater samples must be performed by the separatory funnel procedure.
Extraction of samples of final effluents and raw water may be performed using either the stir-bar procedure or the separatory funnel procedure. However, all calibrations, IPR, OPR, blank, and sample analyses must be performed using the same procedure. Both procedures are described below.
11.1Preparation of all sample types for stir-bar derivatization.
11.1.1Allow sample to warm to room temperature.
11.1.2Immediately prior to measuring, shake sample vigorously to insure homogeneity.
11.1.3Measure 1000 mL (
11.1.4Dilute aliquot(s).
11.1.4.1Complex samples: For samples that are expected to be difficult to derivatize, concentrate, or are expected to overload the GC column or mass spectrometer, measure an additional 100 mL (
11.1.4.2Pulp and paper industry samples: For in-process streams such as E-stage and C-stage filtrates and other in-process wastewaters, it may be necessary to prepare an aliquot at an additional level of dilution. In this case, dilute 10 mL (
11.1.5QC aliquots: For a batch of samples of the same type to be extracted at the same time (to a maximum of 20), place two 1000-mL (
11.1.6Ascorbic acid: Added to stabilize chlorocatechols. However, for pulp and paper industry in-process streams and other in-process wastewaters, the addition of ascorbic acid may convert chloro-o-quinones to catechols if these quinones are present. Separate calibration curves must be prepared with and without the addition of ascorbic acid (Section 7.13.2).
11.1.6.1Spike 5 to 6 mL of the ascorbic acid solution (Section 7.2.2) into each final effluent sample, and the associated calibration standards, IPR and OPR aliquots, and blank.
11.1.6.2For pulp and paper industry C-stage filtrates, E-stage filtrates, and untreated effluents, omit the ascorbic acid to prevent the conversion of chloro-o-quinones to catechols. Prepare calibration standards, IPR and OPR aliquots, and blanks associated with these samples without ascorbic acid as well.
11.1.7Spike 1000 μL of the labeled compound spiking solution (Section 7.8) into the sample and QC aliquots.
11.1.8Spike 500 μL of the nominal 50 μg/mL calibration solution (Section 7.13.4) into the OPR aliquot.
11.1.9Adjust the pH of the sample aliquots to between 7.0 and 7.1. For calibration standards, IPR and OPR aliquots, and blanks, pH adjustment is not required.
11.1.10Equilibrate all sample and QC solutions for approximately 15 minutes, with occasional stirring.
11.2Derivatization: Because derivatization must proceed rapidly, particularly upon the addition of the K
11.2.1Place a beaker containing a sample or QC aliquot on the magnetic stirrer in a fume hood, drop a clean stirring bar into the beaker, and increase the speed of the stirring bar until the vortex is drawn to the bottom of the beaker.
11.2.2Measure 25 to 26 mL of K
11.2.3Add the K
11.3Extraction: Two procedures are described below for the extraction of derivatized samples. The choice of extraction procedure will depend on the sample type. For final effluent samples, either of two procedures may be utilized for extraction of derivatized samples. For samples of in-process wastewaters, the separatory funnel extraction procedure must be used.
Whichever procedure is employed, the same extraction procedure must be used for calibration standards, IPR aliquots, OPR aliquots, blanks, and the associated field samples.
11.3.1Stir-bar extraction of final effluents.
11.3.1.1Add 200 mL (
11.3.1.2Stop the stirring and drain the hexane and a portion of the water into a 500-to 1000-mL separatory funnel. Allow the layers to separate.
11.3.1.3Drain the aqueous layer back into the beaker.
11.3.1.4The formation of emulsions can be expected in any solvent extraction procedure. If an emulsion forms, the laboratory must take steps to break the emulsion before proceeding. Mechanical means of breaking the emulsion include the use of a glass stirring rod, filtration through glass wool, and other techniques. For emulsions that resist these techniques, centrifugation is nearly 100% effective.
If centrifugation is employed to break the emulsion, drain the organic layer into a centrifuge tube, cap the tube, and centrifuge for two to three minutes or until the phases separate. If the emulsion cannot be completely broken, collect as much of the organic phase as possible, and measure and record the volume of the organic phase collected.
If all efforts to break the emulsion fail, including centrifugation, and none of the organic phase can be collected, proceed with the dilute aliquot (Section 11.1.4.2). However, use of the dilute aliquot will sacrifice the sensitivity of the method, and may not be appropriate in all cases.
11.3.1.5Drain the organic layer into a Kuderna-Danish (K-D) apparatus equipped with a 10-mL concentrator tube. Label the K-D apparatus. It may be necessary to pour the organic layer through a funnel containing anhydrous sodium sulfate to remove any traces of water from the extract.
11.3.1.6Repeat the extraction (Section 11.3.1.1 through 11.3.1.5) two more times using another 200-mL of hexane for each extraction, combining the extracts in the K-D apparatus.
11.3.1.7Proceed with concentration of the extract, as described in Section 11.4.
11.3.2Separatory funnel extraction of either final effluents or in-process wastewaters.
11.3.2.1Transfer the derivatized sample or QC aliquot to a 2-L separatory funnel.
11.3.2.2Add 200 mL (
11.3.2.3Allow the organic layer to separate from the water phase for a minimum of 10 minutes.
11.3.2.4Drain the lower aqueous layer into the beaker used for derivatization (Section 11.2), or into a second clean 2-L separatory funnel. Transfer the solvent to a 1000-mL K-D flask. It may be necessary to pour the organic layer through a funnel containing anhydrous sodium sulfate to remove any traces of water from the extract.
11.3.2.5The formation of emulsions can be expected in any solvent extraction procedure. If an emulsion forms, the laboratory must take steps to break the emulsion before proceeding. Mechanical means of breaking the emulsion include the use of a glass stirring rod, filtration through glass wool, and other techniques. For emulsions that resist these techniques, centrifugation may be required.
If centrifugation is employed to break the emulsion, drain the organic layer into a centrifuge tube, cap the tube, and centrifuge for two to three minutes or until the phases separate. If the emulsion cannot be completely broken, collect as much of the organic phase as possible, and measure and record the volume of the organic phase collected. If all efforts to break the emulsion, including centrifugation, fail and none of the organic phase can be collected, proceed with the dilute aliquot (Section 11.1.4.2). However, use
11.3.2.6If drained into a beaker, transfer the aqueous layer to the 2-L separatory funnel (Section 11.3.2.1). Perform a second extraction using another 200 mL of fresh solvent.
11.3.2.7Transfer the extract to the 1000-mL K-D flask in Section 11.3.2.4.
11.3.2.8Perform a third extraction in the same fashion as above.
11.3.2.9Proceed with concentration of the extract, as described in Section 11.4.
11.4Macro concentration: Concentrate the extracts in separate 1000-mL K-D flasks equipped with 10-mL concentrator tubes. Add one to two clean boiling chips to the flask and attach a three-ball macro-Snyder column. Prewet the column by adding approximately 1 mL of hexane through the top. Place the K-D apparatus in a hot water bath so that the entire lower rounded surface of the flask is bathed with steam. Adjust the vertical position of the apparatus and the water temperature as required to complete the concentration in 15 to 20 minutes. At the proper rate of distillation, the balls of the column will actively chatter but the chambers will not flood. When the liquid has reached an apparent volume of 1 mL, remove the K-D apparatus from the bath and allow the solvent to drain and cool for at least 10 minutes. Remove the Snyder column and rinse the flask and its lower joint into the concentrator tube with 1 to 2 mL of hexane. A 5-mL syringe is recommended for this operation.
11.5Micro-concentration: Final concentration of the extracts may be accomplished using either a micro-Snyder column or nitrogen evaporation.
11.5.1Micro-Snyder column: Add a clean boiling chip and attach a two-ball micro-Snyder column to the concentrator tube. Prewet the column by adding approximately 0.5 mL hexane through the top. Place the apparatus in the hot water bath. Adjust the vertical position and the water temperature as required to complete the concentration in 5 to 10 minutes. At the proper rate of distillation, the balls of the column will actively chatter but the chambers will not flood. When the liquid reaches an apparent volume of approximately 0.2 mL, remove the apparatus from the water bath and allow to drain and cool for at least 10 minutes. Remove the micro-Snyder column and rinse its lower joint into the concentrator tube with approximately 0.2 mL of hexane. Adjust to a final volume of 0.5 mL.
11.5.2Nitrogen evaporation: Transfer the concentrator tube to a nitrogen evaporation device and direct a gentle stream of clean dry nitrogen into the concentrator. Rinse the sides of the concentrator tube with small volumes of hexane, and concentrate the extract to a final volume of 0.5 mL.
11.6Spike each extract with 10 μL of the 2,2′-difluorobiphenyl IIS (Section 7.10) and transfer the concentrated extract to a clean screw-cap vial using hexane to rinse the concentrator tube. Seal the vial with a PTFE-lined lid, and mark the level on the vial. Label with the sample number and store in the dark at −20 to −10 °C until ready for analysis.
12.1Establish the following operating conditions:
Adjust the GC conditions to meet the requirements in Section 9.6.1.1 and Table 2 for analyte separation and sensitivity. Once optimized, the same GC conditions must be used for the analysis of all standards, blanks, IPR and OPR aliquots, and samples.
12.2Bring the concentrated extract (Section 11.6) or standard (Sections 7.13 and 7.14) to room temperature and verify that any precipitate has redissolved. Verify the level on the extract (Sections 7.13, 7.14, and 11.6) and bring to the mark with solvent if required.
12.3Inject a 1-μL volume of the standard solution or extract using on-column or splitless injection. For 0.5 mL extracts, this 1-μL injection volume will contain 50 ng of the DFB internal standard. If an injection volume other than 1 μL is used, that volume must contain 50 ng of DFB.
12.4Start the GC column temperature ramp upon injection. Start MS data collection after the solvent peak elutes. Stop data collection after the 2,6-dichlorosyringaldehyde peak elutes. Return the column to the initial temperature for analysis of the next sample.
Some samples may contain high levels (>1000 μg/L) of the compounds of interest, interfering compounds, and/or other phenolic materials. Some samples will not concentrate to 0.5 mL (Section 11.5); others will overload the GC column and/or mass spectrometer; others may contain amounts of phenols that may exceed the capacity of the derivatizing agent.
13.1Analyze the dilute aliquot (Section 11.1.4) when the sample will not concentrate to 0.5 mL. If a dilute aliquot was not extracted, and the sample holding time (Section 8.4) has not been exceeded, dilute an aliquot of sample with reagent water, and derivatize and extract it (Section 11.1.4).
13.2Recovery of the 2,2′-difluorobiphenyl instrument internal standard: The EICP area of the internal standard should be within a factor of two of the area in the OPR or VER standard (Section 9.6). If the absolute areas of the labeled compounds and the SMIS are within a factor of two of the respective areas in the OPR or VER standard, and the DFB internal standard area is less than one-half of its respective area, then internal standard loss in the extract has occurred. In this case, analyze the extract from the dilute aliquot (Section 11.1.4).
13.3Recovery of labeled compounds and the sample matrix internal standard (SMIS): SMIS and labeled compound recovery specifications have been developed for samples with and without the addition of ascorbic acid. Compare the recoveries to the appropriate limits in Table 5.
13.3.1If SMIS or labeled compound recoveries are outside the limits given in Table 5 and the associated OPR analysis meets the recovery criteria, the extract from the dilute aliquot (Section 11.1.4) is analyzed as in Section 14.7.
13.3.2If labeled compound or SMIS recovery is outside the limits given in Table 5 and the associated OPR analysis did not meet recovery criteria, a problem in the derivatization/extraction/concentration of the sample is indicated, and the sample must be rederivatized and reanalyzed.
14.1Qualitative determination: Identification is accomplished by comparison of data from analysis of a sample or blank with data stored in the mass spectral libraries. Identification of a compound is confirmed when the following criteria are met:
14.1.1The signals for m/z 43 (to indicate the presence of the acetyl derivative) and all characteristic m/z's stored in the spectral library (Section 10.2.4) shall be present and shall maximize within the same two consecutive scans.
14.1.2Either (1) the background corrected EICP areas, or (2) the corrected relative intensities of the mass spectral peaks at the GC peak maximum shall agree within a factor of two (0.5 to 2 times) for all m/z's stored in the library.
14.1.3The relative retention time shall be within the window specified in Table 2.
14.1.4The m/z's present in the mass spectrum from the component in the sample that are not present in the reference mass spectrum shall be accounted for by contaminant or background ions. If the mass spectrum is contaminated, an experienced spectrometrist (Section 1.4) shall determine the presence or absence of the compound.
14.2Quantitative determination by isotope dilution: By adding a known amount of a labeled compound to every sample prior to derivatization and extraction, correction for recovery of the pollutant can be made because the pollutant and its labeled analog exhibit the same effects upon derivatization, extraction, concentration, and gas chromatography. Relative response (RR) values for sample mixtures are used in conjunction with calibration curves described in Section 10.4 to determine concentrations directly, so long as labeled compound spiking levels are constant. For the phenol example given in Figure 1 (Section 10.4.1), RR would be equal to 1.114. For this RR value, the phenol calibration curve given in Figure 1 indicates a concentration of 27 μg/mL in the sample extract (C
14.2.1Compute the concentration in the extract using the response ratio determined from calibration data (Section 10.4) and the following equation:
14.2.2For the IPR (Section 9.3.2) and OPR (Section 9.6), compute the percent recovery of each pollutant using the equation in Section 14.6. The percent recovery is used for the evaluation of method and laboratory performance, in the form of IPR (Section 9.3.2) and OPR (Section 9.6).
14.3Quantitative determination by internal standard: Compute the concentration using the response factor determined from calibration data (Section 10.5) and the following equation:
When this equation is used to compute the extract concentrations of native compounds without labeled analogs, use the
For the IPR (Section 9.3.2) and OPR (Section 9.6), compute the percent recovery using the equation in Section 14.6.
Separate calibration curves will be required for samples with and without the addition of ascorbic acid, and also for both extraction procedures (stir-bar and separatory funnel) where applicable.
14.4Compute the concentration of the labeled compounds and the SMIS using the equation in Section 14.3, but using the area and concentration of the 2,2′-difluorobiphenyl as the internal standard, and the area of the labeled compound or SMIS as A
14.5Compute the concentration of each pollutant compound in the sample using the following equation:
14.6Compute the recovery of each labeled compound and the SMIS as the ratio of concentration (or amount) found to the concentration (or amount) spiked, using the following equation:
These percent recoveries are used to assess method performance according to Sections 9 and 13.
14.7If the EICP area at the quantitation m/z for any compound exceeds the calibration range of the system, three approaches are used to obtain results within the calibration range.
14.7.1If the recoveries of all the labeled compounds in the original sample aliquot meet the limits in Table 5, then the extract of the sample may be diluted by a maximum of a factor of 10, and the diluted extract reanalyzed.
14.7.2If the recovery of any labeled compound is outside its limits in Table 5, or if a tenfold dilution of the extract will not bring the pollutant within the calibration range, then extract and analyze a dilute aliquot of the sample (Section 11). Dilute 100 mL, 10 mL, or an appropriate volume of sample to 1000 mL with reagent water and extract per Section 11.
14.7.3If the recoveries of all labeled compounds in the original sample aliquot (Section 14.7.1) meet the limits in Table 5, and if the sample holding time has been exceeded, then the original sample extract is diluted by successive factors of 10, the DFB internal standard is added to give a concentration of 50 μg/mL in the diluted extract, and the diluted extract is analyzed. Quantitation of all analytes is performed using the DFB internal standard.
14.7.4If the recoveries of all labeled compounds in the original sample aliquot (Section 14.7.1) or in the dilute aliquot (Section 14.7.2) (if a dilute aliquot was analyzed) do not meet the limits in Table 5, and if the holding time has been exceeded, re-sampling is required.
14.8Results are reported for all pollutants, labeled compounds, and the sample matrix internal standard in standards, blanks, and samples, in units of μg/L.
14.8.1Results for samples which have been diluted are reported at the least dilute level at which the area at the quantitation m/z is within the calibration range (Section 14.7).
14.8.2For compounds having a labeled analog, results are reported at the least dilute level at which the area at the quantitation m/z is within the calibration range (Section 14.7) and the labeled compound recovery is within the normal range for the method (Section 13.3).
15.1Single laboratory performance for this method is detailed in References 1, 2, and 11. Acceptance criteria were established from multiple laboratory use of the draft method.
15.2A chromatogram of the ongoing precision and recovery standard (Section 7.14) is shown in Figure 4.
16.1The solvents used in this method pose little threat to the environment when recycled and managed properly.
16.2Standards should be prepared in volumes consistent with laboratory use to minimize the volume of expired standards to be disposed.
17.1It is the laboratory's responsibility to comply with all federal, state, and local regulations governing waste management, particularly the hazardous waste identification rules and land disposal restrictions, and to protect the air, water, and land by minimizing and controlling all releases from fume hoods and bench operations. Compliance with all sewage discharge permits and regulations is also required.
17.2Samples preserved with HCl or H
17.3For further information on waste management, consult “The Waste Management Manual for Laboratory Personnel”, and “Less is Better: Laboratory Chemical Management for Waste Reduction”, both available from the American Chemical Society's Department of Government Relations and Science Policy, 1155 16th Street N.W., Washington, D.C. 20036.
18.1“Chlorinated Phenolics in Water by In Situ Acetylation/GC/MS Determination,” Method CP-86.01, National Council of the Paper Industry for Air and Stream Improvement, Inc., 260 Madison Avenue, New York, NY 10016 (July 1986).
18.2“6240-Chlorinated Phenolics (Interim Standard),” Draft Version, U.S. Environmental Protection Agency, Manchester Laboratory, Manchester, Washington.
18.3“Performance Tests for the Evaluation of Computerized Gas Chromatography/Mass Spectrometry Equipment and Laboratories,” USEPA, EMSL Cincinnati, OH 45268, EPA-600/4-80-025 (April 1980).
18.4“Working with Carcinogens,” DHEW, PHS, CDC, NIOSH, Publication 77-206 (August 1977).
18.5“OSHA Safety and Health Standards, General Industry,” OSHA 2206, 29 CFR 1910 (January 1976).
18.6“Safety in Academic Chemistry Laboratories,” ACS Committee on Chemical Safety (1979).
18.7“Interlaboratory Validation of U. S. Environmental Protection Agency Method 1625A, Addendum Report,” SRI International, Prepared for Analysis and Evaluation Division (WH-557), USEPA, 401 M St. SW, Washington, DC 20460 (January 1985).
18.8“Handbook of Analytical Quality Control in Water and Wastewater Laboratories,” USEPA, EMSL, Cincinnati, OH 45268, EPA-600/4-79-019 (March 1979).
18.9“Standard Practice for Sampling Water,” ASTM Annual Book of Standards, ASTM, Philadelphia, PA, 76 (1980).
18.10“Methods 330.4 and 330.5 for Total Residual Chlorine,” USEPA, EMSL, Cincinnati, OH 45268, EPA 600/4-70-020 (March 1979).
18.11“Determination of Chlorophenolics, Special Analytical Services Contract 1047, Episode 1886,” Analytical Technologies, Inc., Prepared for W. A. Telliard, Industrial Technology Division (WH-552), USEPA, 401 M St. SW, Washington, DC 20460 (June 1990).
18.12“Determination of Chlorophenolics by GCMS, Development of Method 1653,” Analytical Technologies, Inc., Prepared for W. A. Telliard, Industrial Technology Division (WH-552), USEPA, 401 M St. SW, Washington, DC 20460 (May 1991).
These definitions and purposes are specific to this method but have been conformed to common usage as much as possible.
20.1Units of weight and measure and their abbreviations
20.1.1Symbols.
20.1.2Alphabetical characters.
20.2Definitions and acronyms (in alphabetical order).
Analyte: A chlorophenolic tested for by this method.
The analytes are listed in Table 1.
Calibration standard (CAL): A solution prepared from a secondary standard and/or stock solutions and used to calibrate the response of the instrument with respect to analyte concentration.
Calibration verification standard (VER): The mid-point calibration standard (CS3) that is used to verify calibration. See Table 4.
Chlorophenolics: collectively, the analytes listed in Table 1.
CS1, CS2, CS3, CS4, CS5: See Calibration standards and Table 4.
Field blank: An aliquot of reagent water or other reference matrix that is placed in a sample container in the laboratory or the field, and treated as a sample in all respects, including exposure to sampling site conditions, storage, preservation, and all analytical procedures. The purpose of the field blank is to determine if the field or sample transporting procedures and environments have contaminated the sample.
GC: Gas chromatograph or gas chromatography.
HRGC: High resolution GC.
IPR: Initial precision and recovery; four aliquots of the diluted PAR standard analyzed to establish the ability to generate acceptable precision and accuracy. An IPR is performed prior to the first time this method is used and any time the method or instrumentation is modified.
K-D: Kuderna-Danish concentrator; a device used to concentrate the analytes in a solvent.
Laboratory blank: See Method blank.
Laboratory control sample (LCS): See Ongoing precision and recovery standard (OPR).
Laboratory reagent blank: See Method blank.
May: This action, activity, or procedural step is neither required nor prohibited.
May not: This action, activity, or procedural step is prohibited.
Method blank: An aliquot of reagent water that is treated exactly as a sample including exposure to all glassware, equipment, solvents, reagents, internal standards, and surrogates that are used with samples. The method blank is used to determine if analytes or interferences are present in the laboratory environment, the reagents, or the apparatus.
Minimum level (ML): The level at which the entire analytical system must give a recognizable signal and acceptable calibration point for the analyte. It is equivalent to the concentration of the lowest calibration standard, assuming that all method-specified sample weights, volumes, and cleanup procedures have been employed.
MS: Mass spectrometer or mass spectrometry.
Must: This action, activity, or procedural step is required.
OPR: Ongoing precision and recovery standard (OPR); a laboratory blank spiked with known quantities of analytes. The OPR is analyzed exactly like a sample. Its purpose is to assure that the results produced by the laboratory remain within the limits specified in this method for precision and recovery.
PAR: Precision and recovery standard; secondary standard that is diluted and spiked to form the IPR and OPR.
Preparation blank: See Method blank.
Primary dilution standard: A solution containing the specified analytes that is purchased or prepared from stock solutions and diluted as needed to prepare calibration solutions and other solutions.
Quality control check sample (QCS): A sample containing all or a subset of the analytes at known concentrations. The QCS is obtained from a source external to the laboratory or is prepared from a source of standards different from the source of calibration standards. It is used to check laboratory performance with test materials prepared external to the normal preparation process.
Reagent water: Water demonstrated to be free from the analytes of interest and potentially interfering substances at the method detection limit for the analyte.
Relative standard deviation (RSD): The standard deviation times 100 divided by the mean.
RF: Response factor. See Section 10.5.1.
RR: Relative response. See Section 10.4.4.
RSD: See Relative standard deviation.
Should: This action, activity, or procedural step is suggested but not required.
Stock solution: A solution containing an analyte that is prepared using a reference material traceable to EPA, the National Institute of Science and Technology (NIST), or a source that will attest to the purity and authenticity of the reference material.
VER: See Calibration verification standard.
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 (b) and (c), and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e), and (g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
The provisions of this subpart are applicable to discharges resulting from the production of builders’ paper and roofing felt from wastepaper.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 and § 430.01 shall apply to this subpart.
(b) Production shall be defined as the annual off-the-machine production (including off-the-machine coating where applicable) divided by the number of operating days during that year. Production shall be measured at the off-the-machine moisture content. Production shall be determined for each mill based upon past production practices, present trends, or committed growth.
(c) A non-continuous discharger is a mill which is prohibited by the NPDES authority from discharging pollutants during specific periods of time for reasons other than treatment plant upset control, such periods being at least 24 hours in duration. A mill shall not be deemed a non-continuous discharger unless its permit, in addition to setting forth the prohibition described above, requires compliance with the effluent limitations established by this subpart for non-continuous dischargers and also requires compliance with maximum day and average of 30 consecutive days effluent limitations. Such maximum day and average of 30 consecutive days effluent limitations for non-continuous dischargers shall be established by the NPDES authority in the form of concentrations which reflect wastewater treatment levels that are representative of the application of the best practicable control technology currently available, the best conventional pollutant control technology, or new source performance standards in lieu of the maximum day and average of 30 consecutive days effluent limitations for conventional pollutants set forth in this subpart.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 431.12 of this subpart for the best practicable control technology currently available (BPT), except that noncontinuous dischargers shall not be subject to the maximum day and average-of-30-consecutive-days limitations, but shall be subject to annual average effluent limitations determined by dividing the average-of-30-consecutive-days limitations for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart where chlorophenolic-containing biocides are used must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Non-continuous dischargers shall not be subject to the maximum day mass limitations in kg/kkg (lb/1000 lb), but shall be subject to concentration limitations. Concentration limitations are only applicable to non-continuous dischargers. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides.
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 BOD
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must (1) comply with 40 CFR part 403 and (2) achieve the following pretreatment standards for existing sources (PSES) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides. PSES must be attained on or before July 1, 1984.
(b) In cases when POTWs find it necessary to impose mass effluent limitations, the following equivalent mass limitations are provided as guidance:
(a) Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must (1) comply with 40 CFR part 403 and (2) achieve the following pretreatment standards for new sources (PSNS) if it uses chlorophenolic-containing biocides. Permittees not using chlorophenolic-containing biocides must certify to the permit-issuing authority that they are not using these biocides.
(b) In cases when POTWs find it necessary to impose mass effluent limitations, the following equivalent mass limitations are provided as guidance:
Secs. 301, 304 (b) and (c), 306 (b) and (c), and 307(c) of the Federal Water Pollution Control Act, as amended; 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317(c); 86 Stat. 816 et seq., Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
The provisions of this subpart are applicable to discharges resulting from the production of red meat carcasses, in whole or part, by simple slaughterhouses.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “slaughterhouse” shall mean a plant that slaughters animals and has as its main product fresh meat as whole, half or quarter carcasses or smaller meat cuts.
(c) The term “simple slaughterhouse” shall mean a slaughterhouse which accomplishes very limited by-product processing, if any, usually no more than two of such operations as rendering, paunch and viscera handling, blood processing, hide processing, or hair processing.
(d) The term “LWK” (live weight killed) shall mean the total weight of the total number of animals slaughtered during the time to which the effluent limitations apply; i.e., during any one day or any period of thirty consecutive days.
(e) The term “ELWK” (equivalent live weight killed) shall mean the total weight of the total number of animals slaughtered at locations other than the slaughterhouse or packinghouse, which animals provide hides, blood, viscera or renderable materials for processing at that slaughterhouse, in addition to those derived from animals slaughtered on site.
(f) The term “oil and grease” shall mean those components of process waste water amenable to measurement by the method described in “Methods for Chemical Analysis of Water and Wastes,” 1971, EPA, Analytical Quality Control Laboratory, page 217.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or by-product processing of carcasses of animals slaughtered on-site, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing (defleshing, washing and curing) of hides derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by § 432.12(a):
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by § 432.12(a):
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by § 432.12(a):
(e) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by § 432.12(a):
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or by-product processing of carcasses of animals slaughtered on-site which may be discharged by a new source subject to the provisions of this subpart: the limitations shall be as specified in § 432.12(a), with the exception that in addition to the pollutants or pollutant properties controlled by that subsection, discharges of ammonia shall not exceed the limitations set forth below:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by §§ 432.15(a) and 432.12(c):
(c) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than slaughterhouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by §§ 432.15(a) and 432.12(d):
(d) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the slaughterhouse which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by §§ 432.15(a) and 432.12(e):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.12 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the production of red meat carcasses, in whole or part, by complex slaughterhouses.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “slaughterhouse” shall mean a plant that slaughters animals and has as its main product fresh meat as whole, half or quarter carcasses or smaller meat cuts.
(c) The term “complex slaughterhouse” shall mean a slaughterhouse that accomplishes extensive by-product processing, usually at least three of such operations as rendering, paunch and viscera handling, blood processing, hide processing, or hair processing.
(d) The term “LWK” (live weight killed) shall mean the total weight of the total number of animals slaughtered during the time to which the effluent limitations apply; i.e., during any one day or any period of thirty consecutive days.
(e) The term “ELWK” (equivalent live weight killed) shall mean the total weight of the total number of animals slaughtered at locations other than the slaughterhouse or packinghouse, which animals provide hides, blood, viscera or renderable materials for processing at that slaughterhouse, in addition to those derived from animals slaughtered on site.
(f) The term “oil and grease” shall mean those components of process waste water amenable to measurement by the method described in “Methods for Chemical Analysis of Water and Wastes,” 1971, EPA, Analytical Quality Control Laboratory, page 217.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing (defleshing, washing and curing) of hides derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(e) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or by-product processing of carcasses of animals slaughtered on-site which may be discharged by a new source subject to the provisions of this subpart: The limitations shall be as specified in § 432.22(a), with the exception that in addition to the pollutants or pollutant properties controlled by that subsection, discharges of ammonia shall not exceed the limitations set forth below:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.22(c):
(c) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and
(d) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the slaughterhouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.22(e):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.22 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the production of red meat carcasses in whole or part, by low-processing packinghouses.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “packinghouse” shall mean a plant that both slaughters animals and subsequently processes carcasses into cured, smoked, canned or other prepared meat products.
(c) The term “low processing packinghouse” shall mean a packinghouse that processes no more than the total animals killed at that plant, normally processing less than the total kill.
(d) The term “LWK” (live weight killed) shall mean the total weight of the total number of animals slaughtered during the time to which the effluent limitations apply; i.e., during
(e) The term “ELWK” (equivalent live weight killed) shall mean the total weight of the total number of animals slaughtered at locations other than the slaughterhouse or packinghouse, which animals provide hides, blood, viscera or renderable materials for processing at that slaughterhouse, in addition to those derived from animals slaughtered on-site.
(f) The term “oil and grease” shall mean those components of process waste water amenable to measurement by the method described in “Methods for Chemical Analysis of Water and Wastes,” 1971, EPA, Analytical Quality Control Laboratory, page 217.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or byproduct, processing of carcasses of animals slaughtered on-site, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing (defleshing, washing and curing) of hides derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(e) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or by product processing of carcasses of animals slaughtered on-site which may be discharged by a new source subject to the provisions of this subpart: The limitations shall be as specified in § 432.32(a), with the exception that in
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.32(c):
(c) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.32(a).
(d) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.32(e):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.32 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the production of red meat carcasses, in whole or part, by high-processing packinghouses.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “packinghouse” shall mean a plant that both slaughters animals and subsequently processes carcasses into cured, smoked, canned or other prepared meat products.
(c) The term “high-processing packinghouse” shall mean a packinghouse which processes both animals slaughtered at the site and additional carcasses from outside sources.
(d) The term “LWK” (live weight killed) shall mean the total weight of the total number of animals slaughtered during the time to which the effluent limitations apply; i.e., during any one day or any period of thirty consecutive days.
(e) The term “ELWK” (equipment live weight killed) shall mean the total weight of the total number of animals slaughtered at locations other than the slaughterhouse or packinghouse, which animals provide hides, blood, viscera or renderable materials for processing at that slaughterhouse, in addition to those derived from animals slaughtered on-site.
(f) The term “oil and grease” shall mean those components of process waste water amenable to measurement by the method described in “Methods for Chemical Analysis of Water and Wastes,” 1971, EPA, Analytical Quality Control Laboratory, page 217.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or byproduct processing of carcasses of animals slaughtered on-site, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
+The values for BOD
(b) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing (defleshing, washing and curing) of hides derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(c) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(d) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
(e) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a point source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section:
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
(a) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to on-site slaughter or subsequent meat, meat product or byproduct processing or carcasses of animals slaughtered onsite which may be discharged by a new source subject to the provisions of this subpart: The limitations shall be as specified in § 432.42(a), with the exception that in addition to the pollutants or pollutant properties controlled by that subsection, discharges of ammonia shall not exceed the limitations set forth below:
(b) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the processing of blood derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.42(c):
(c) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the wet or low temperature rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 423.42(d):
(d) The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section and attributable to the dry rendering of material derived from animals slaughtered at locations other than the packinghouse, which may be discharged by a new source subject to the provisions of this subpart, in addition to the discharge allowed by paragraph (a) of this section and § 432.42(e):
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.42 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “small processor” shall mean an operation that produces up to 2730 kg (6000 lb) per day of any type or combination of finished products.
(c) The term “finished product” shall mean the final manufactured product as fresh meat cuts, hams, bacon or other smoked meats, sausage, luncheon meats, stew, canned meats or related products.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Except as provided in §§ 125.30 through 125.32, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best conventional pollutant control technology:
The provisions of this subpart are applicable to discharges resulting from the fabrication or manufacture of fresh meat cuts such as steaks, roasts, chops, etc. by a meat cutter.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “meat cutter” shall mean an operation which fabricates, cuts, or otherwise produces fresh meat cuts and related finished products from livestock carcasses, at rates greater than 2730 kg (6000 lb) per day.
(c) The term “finished product” shall mean the final manufactured product as fresh meat cuts including, but not limited to, steaks, roasts, chops, or boneless meats.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.62 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the manufacture of fresh meat cuts, sausage, bologna, and other luncheon meats by a sausage and luncheon meat processor.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and
(b) The term “sausage and luncheon meat processor” shall mean an operation which cuts fresh meats, grinds, mixes, seasons, smokes or otherwise produces finished products such as sausage, bologna and luncheon meats at rates greater than 2730 kg (6000 lb) per day.
(c) The term “finished product” shall mean the final manufactured product as fresh meat cuts including steaks, roasts, chops or boneless meat, bacon or other smoked meats (except hams) such as sausage, bologna or other luncheon meats, or related products (except canned meats).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new sources subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.72 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the manufacture of hams alone or in combination with other finished products by a ham processor.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “ham processor” shall mean an operation which manufactures hams alone or in combination with other finished products at rates greater than 2730 kg (6000 lb) per day.
(c) The term “finished products” shall mean the final manufactured product as fresh meat cuts including steaks, roasts, chops or boneless meat, smoked or cured hams, bacon or other smoked meats, sausage, bologna or other luncheon meats (except canned meats).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.82 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the manufacture of canned meats alone
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “canned meat processor” shall mean an operation which prepares and cans meats (such as stew, sandwich spreads, or similar products) alone or in combination with other finished products at rates greater than 2730 kg (6000 lb.) per day.
(c) The term “finished products” shall mean the final manufactured product as fresh meat cuts including steaks, roasts, chops or boneless meat, hams, bacon or other smoked meats, sausage, bologna or other luncheon meats, stews, sandwich spreads or other canned meats.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 432.92 of this subpart for the best practicable control technology currently available (BPT).
The provisions of this subpart are applicable to discharges resulting from the manufacture of meat meal, dried animal by-product residues (tankage), animal oils, grease and tallow, perhaps including hide curing, by a renderer.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “renderer” shall mean an independent or off-site rendering operation, conducted separate from a slaughterhouse, packinghouse or poultry dressing or processing plant, which manufactures at rates greater than 75,000 pounds of raw material per day of meat meal, tankage, animal fats or oils, grease, and tallow, and may cure cattle hides, but excluding marine oils, fish meal, and fish oils.
(c) The term “tankage” shall mean dried animal by-product residues used in feedstuffs.
(d) The term “tallow” shall mean a product made from beef cattle or sheep fat that has a melting point of 40 °C or greater.
(e) The term “raw material” or as abbreviated herein, “RM”, shall mean the basic input materials to a renderer composed of animal and poultry trimmings, bones, meat scraps, dead animals, feathers and related usable by-products.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(b) The limitations given in paragraph (a) of this section for BOD
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
(a) Subject to the provisions of paragraph (b) of this section, the following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(b) The standards given in paragraph (a) of this section for BOD
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best conventional pollutant control technology:
(b) The limitations given in paragraph (a) of this section for BOD
Secs. 301, 304(b), (c), (e), and (g), 306(b) and (c), 307(b) and (c), 308 and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1971, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314(b) (c), (e), and (g), 1316(b) and (c), 1317(b) and (c), 1318 and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
(a) Except as noted in paragraphs (b) and (c), of this section, the provisions of this subpart apply to plants which perform any of the following six metal finishing operations on any basis material: Electroplating, Electroless Plating, Anodizing, Coating (chromating, phosphating, and coloring), Chemical Etching and Milling, and Printed Circuit Board Manufacture. If any of those six operations are present, then this part applies to discharges from those operations and also to discharges from any of the following 40 process operations: Cleaning, Machining, Grinding, Polishing, Tumbling, Burnishing, Impact Deformation, Pressure Deformation, Shearing, Heat Treating, Thermal Cutting, Welding, Brazing, Soldering, Flame Spraying, Sand Blasting, Other Abrasive Jet Machining, Electric Discharge Machining, Electrochemical Machining, Electron Beam Machining, Laser Beam Machining, Plasma Arc Machining, Ultrasonic Machining, Sintering, Laminating, Hot Dip Coating, Sputtering, Vapor Plating, Thermal Infusion, Salt Bath Descaling, Solvent Degreasing, Paint Stripping, Painting, Electrostatic Painting, Electropainting, Vacuum Metalizing, Assembly, Calibration, Testing, and Mechanical Plating.
(b) In some cases effluent limitations and standards for the following industrial categories may be effective and applicable to wastewater discharges from the metal finishing operations listed above. In such cases these part 433 limits shall not apply and the following regulations shall apply:
(c) This part does not apply to:
(1) Metallic platemaking and gravure cylinder preparation conducted within or for printing and publishing facilities; and
(2) Existing indirect discharging job shops and independent printed circuit board manufacturers which are covered by 40 CFR part 413.)
The definitions set forth in 40 CFR part 401 and the chemical analysis methods set forth in 40 CFR part 136
(a) The term “T”, as in “Cyanide, T”, shall mean total.
(b) The term “A”, as in “Cyanide A”, shall mean amenable to alkaline chlorination.
(c) The term “job shop” shall mean a facility which owns not more than 50% (annual area basis) of the materials undergoing metal finishing.
(d) The term “independent” printed circuit board manufacturer shall mean a facility which manufacturers printed circuit boards principally for sale to other companies.
(e) The term “TTO” shall mean total toxic organics, which is the summation of all quantifiable values greater than .01 milligrams per liter for the following toxic organics:
(a) In lieu of requiring monitoring for TTO, the permitting authority (or, in the case of indirect dischargers, the control authority) may allow dischargers to make the following certification statement: “Based on my inquiry of the person or persons directly responsible for managing compliance with the permit limitation [or pretreatment standard] for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the wastewaters has occurred since filing of the last discharge monitoring report. I further certify that this facility is implementing the toxic organic management plan submitted to the permitting [or control] authority.” For direct dischargers, this statement is to be included as a “comment” on the Discharge Monitoring Report required by 40 CFR 122.44(i), formerly 40 CFR 122.62(i). For indirect dischargers, the statement is to be included as a comment to the periodic reports required by 40 CFR 403.12(e). If monitoring is necessary to measure compliance with the TTO standard, the industrial discharger need analyse for only those pollutants which would reasonably be expected to be present.
(b) In requesting the certification alternative, a discharger shall submit a solvent management plan that specifies to the satisfaction of the permitting authority (or, in the case of indirect dischargers, the control authority) the toxic organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and procedures for ensuring that toxic organics do not routinely spill or leak into the wastewater. For direct dischargers, the permitting authority shall incorporate the plan as a provision of the permit.
(c) Self-monitoring for cyanide must be conducted after cyanide treatment and before dilution with other streams. Alternatively, samples may be taken of the final effluent, if the plant limitations are adjusted based on the dilution ratio of the cyanide waste stream flow to the effluent flow.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by applying the best practicable control technology currently available (BPT):
(b) Alternatively, for industrial facilities with cyanide treatment, and upon agreement between a source subject to those limits and the pollution control authority, the following amenable cyanide limit may apply in place of the total cyanide limit specified in paragraph (a) of this section:
(c) No user subject to the provisions of this subpart shall augment the use of process wastewater or otherwise dilute the wastewater as a partial or total substitute for adequate treatment to achieve compliance with this limitation.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by applying the best available technology economically achievable (BAT):
(b) Alternatively, for industrial facilities with cyanide treatment, and upon agreement between a source subject to those limits and the pollution control authority, the following amenable cyanide limit may apply in place of the total cyanide limit specified in paragraph (a) of this section:
(c) No user subject to the provisions of this subpart shall augment the use of process wastewater or otherwise dilute the wastewater as a partial or total substitute for adequate treatment to achieve compliance with this limitation.
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES):
(b) Alternatively, for industrial facilities with cyanide treatment, upon agreement between a source subject to those limits and the pollution control authority. The following amenable cyanide limit may apply in place of the total cyanide limit specified in paragraph (a) of this section:
(c) No user introducing wastewater pollutants into a publicly owned treatment works under the provisions of this subpart shall augment the use of process wastewater as a partial or total substitute for adequate treatment to achieve compliance with this standard.
(d) An existing source submitting a certification in lieu of monitoring pursuant to § 433.12 (a) and (b) of this regulation must implement the toxic organic management plan approved by the control authority.
(e) An existing source subject to this subpart shall comply with a daily maximum pretreatment standard for TTO of 4.57 mg/l.
(f) Compliance with the provisions of paragraph (c), (d), and (e) of this section shall be achieved as soon as possible, but not later than June 30, 1984, however metal finishing facilities which are also covered by part 420 (iron and steel) need not comply before July 10, 1985. Compliance with the provisions of paragraphs (a) and (b) of this section shall be achieved as soon as possible, but not later than February 15, 1986.
(a) Any new source subject to this subpart must achieve the following performance standards:
(b) Alternatively, for industrial facilities with cyanide treatment, and upon agreement between a source subject to those limits and the pollution control authority, the following amenable cyanide limit may apply in place of the total cyanide limit specified in paragraph (a) of this section:
(c) No user subject to the provisions of this subpart shall augment the use of process wastewater or otherwise dilute the wastewater as a partial or total substitute for adequate treatment to achieve compliance with this limitation.
(a) Except as provided in 40 CFR 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS):
(b) Alternatively, for industrial facilities with cyanide treatment, and upon agreement between a source subject to these limits and the pollution control authority, the following amenable cyanide limit may apply in place of the total cyanide limit specified in paragraph (a) of this section:
(c) No user subject to the provisions of this subpart shall augment the use
(d) An existing source submitting a certification in lieu of monitoring pursuant to § 433.12 (a) and (b) of this regulation must implement the toxic organic management plan approved by the control authority.
33 U.S.C. 1311 1314(b), (c), (e), and (g), 1316(b) and (c), 1317(b) and (c), and 1361.
This part applies to discharges from any coal mine at which the extraction of coal is taking place or is planned to be undertaken and to coal preparation plants and associated areas.
(a) The term “acid or ferruginous mine drainage” means mine drainage which, before any treatment, either has a pH of less than 6.0 or a total iron concentration equal to or greater than 10 mg/l.
(b) The term “active mining area” means the area, on and beneath land, used or disturbed in activity related to the extraction, removal, or recovery of coal from its natural deposits. This term excludes coal preparation plants, coal preparation plant associated areas and post-mining areas.
(c) The term “alkaline, mine drainage” means mine drainage which, before any treatment, has a pH equal to or greater than 6.0 and total iron concentration of less than 10 mg/l.
(d) The term “bond release” means the time at which the appropriate regulatory authority returns a reclamation or performance bond based upon its determination that reclamation work (including, in the case of underground mines, mine sealing and abandonment procedures) has been satisfactorily completed.
(e) The term “coal preparation plant” means a facility where coal is subjected to cleaning, concentrating, or other processing or preparation in order to separate coal from its impurities and then is loaded for transit to a consuming facility.
(f) The term “coal preparation plant associated areas” means the coal preparation plant yards, immediate access roads, coal refuse piles and coal storage piles and facilities.
(g) The term “coal preparation plant water circuit” means all pipes, channels, basins, tanks, and all other structures and equipment that convey, contain, treat, or process any water that is used is coal preparation processes within a coal preparation plant.
(h) The term “mine drainage” means any drainage, and any water pumped or siphoned, from an active mining area or a post-mining area.
(i) The abbreviation “ml/l” means milliliters per liter.
(j)(1) Notwithstanding any other provision of this Chapter, subject to paragraph (j)(2) of this section the term “new source coal mine” means a coal mine (excluding coal preparation plants and coal preparation plant associated areas) including an abandoned mine which is being re-mined.
(i) The construction of which is commenced after May 4, 1984; or
(ii) Which is determined by the EPA Regional Administrator to constitute a “major alteration”. In making this determination, the Regional Administrator shall take into account whether one or more of the following events resulting in a new, altered or increased discharge of pollutants has occurred after May 4, 1984 in connection with the mine for which the NPDES permit is being considered:
(A) Extraction of a coal seam not previously extracted by that mine;
(B) Discharge into a drainage area not previously affected by wastewater discharge from the mine;
(C) Extensive new surface disruption at the mining operation;
(D) A construction of a new shaft, slope, or drift; and
(E) Such other factors as the Regional Administrator deems relevant.
(2) No provision in this part shall be deemed to affect the classification as a new source of a facility which was classified as a new source coal mine under previous EPA regulations, but would not be classified as a new source under this section, as modified. Nor shall any provision in this part be deemed to affect the standards applicable to such facilities, except as provided in § 434.65 of this chapter.
(k) The term “post-mining area” means:
(1) A reclamation area or
(2) The underground workings of an underground coal mine after the extraction, removal, or recovery of coal from its natural deposit has ceased and prior to bond release.
(l) The term “reclamation area” means the surface area of a coal mine which has been returned to required contour and on which revegetation (specifically, seeding or planting) work has commenced.
(m) The term “settleable solids” is that matter measured by the volumetric method specified in § 434.64.
(n) The terms “1-year, 2-year, and 10-year, 24-hour precipitation events” means the maximum 24-hour precipitation event with a probable recurrence interval of once in one, two, and ten years respectively as defined by the National Weather Service and Technical Paper No. 40, “Rainfall Frequency Altas of the U.S.,” May 1961, or equivalent regional or rainfall probability information developed therefrom.
(o) The terms “treatment facility” and “treatment system” mean all structures which contain, convey, and as necessay, chemically or physically treat coal rine drainage, coal preparation plant process wastewater, or drainage from coal preparation plant associated areas, which remove pollutants regulated by this part from such waters. This includes all pipes, channels, ponds, basins, tanks and all other equipment serving such structures.
(p) The term “coal refuse disposal pile” means any coal refuse deposited on the earth and intended as permanent dispoal or long-term storage (greater than 180 days) of such material, but does not include coal refuse deposited within the active mining area or coal refuse never removed from the active mining area.
(q) The term “controlled surface mine drainage” means any surface mine drainage that is pumped or siphoned from the active mining area.
(r) The term “abandoned mine” means a mine where mining operations have occurred in the past and
(1) The applicable reclamation bond or financial assurance has been released or forfeited or
(2) If no reclamation bond or other financial assurance has been posted, no mining operations have occurred for five years or more.
(s) The term “1-year, 24-hour precipitation event” means the maximum 24-hour precipitation event with a probable recurrence interval of once in one year as defined by the National Weather Service and Technical Paper No. 40, “Rainfall Frequency Atlas of the U.S.,” May 1961, or equivalent regional or rainfall probability information developed therefrom.
(t) The Term “2-year, 24-hour precipitation event” means the maximum 24-hour precipitation event with a probable recurrence interval of once in two years as defined by the National Weather Service and Technical Paper No. 40, “Rainfall Frequency Atlas of the U.S., “May 1961, or equivalent regional or rainfall probability information developed therefrom.
The provisions of this subpart are applicable to discharges from coal preparation plants and coal preparation plant association areas, as indicated, including discharges which are pumped, siphoned, or drained from the coal preparation plant water circuit and coal storage, refuse storage, and ancillary areas related to the cleaning or beneficiation of coal of any rank including, but not limited to, bituminous, lignite, and anthracite.
(a) Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17, and §§ 434.61, 434.62 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by any existing coal preparation plant and coal preparation plant associated areas subject to the provisions of this subpart
(b) Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17 and §§ 434.61 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by any existing coal preparation plant and coal preparation plant associated areas subject to the provisions of this subpart after application of the best practicable control technology currently available if discharges from such point sources normally exhibit a pH equal to or greater than 6.0 prior to treatment:
(a) Except as provided in 40 CFR 125.30-125.32, and §§ 434.61, 434.62 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by any existing coal preparation plant and coal preparation plant associated areas subject to the provisions of this subpart after application of the best available technology economically achievable if discharges from such point sources normally exhibit a pH of less than 6.0 prior to treatment:
(b) Except as provided in 40 CFR 125.30-125.32, and §§ 434.61 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by any existing coal preparation plant and coal preparation plant associated areas subject to the provisions of this subpart after application of the best available technology economically achievable if discharges from such point sources normally exhibit a pH equal to or greater than 6.0 prior to treatment:
The following new source performance standards (NSPS) shall be achieved by any new source coal preparation plant and coal preparation plant associated areas, as indicated:
(a) Except as provided in 40 CFR 401.17 and §§ 434.61, 434.62 and 434.63 of this part, the following new source performance standards shall apply to discharges from new source coal preparation plants and new source coal preparation plant associated areas, if such
(b) Except as provided in 40 CFR 401.17 and §§ 434.61, 434.62 and 434.63 of this part, the following new source performance standards shall apply to discharges from new source coal preparation plants and new source coal preparation plant associated areas, if such discharges normally exhibit a pH equal to or greater than 6.0 prior to treatment:
The provisions of this subpart are applicable to acid or ferruginous mine drainage from an active mining area resulting from the mining of coal of any rank including, but not limited to, bituminous, lignite, and anthracite.
Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17, and §§ 434.61, 434.62 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17, and §§ 434.61, 434.62 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
Except as provided in 40 CFR 401.17, and §§ 434.61, 434.62 and 434.63 of this part, the following new source performance standards shall be achieved for any discharge from a new source subject to this subpart:
The provisions of this subpart are applicable to alkaline mine drainage from an active mining area resulting from the mining of coal of any rank including, but not limited to, bituminous, lignite, and anthracite.
Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17, and §§ 434.61 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30-125.32, and §§ 434.61 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
Except as provided in 40 CFR 401.17 and §§ 434.61 and 434.63 of this part, the following new source performance standards shall be achieved for any discharge from a new source subject to this subpart:
The provisions of this subpart are applicable to discharges from post-mining areas.
(a)
(b)
(1) Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17 and §§ 434.61, 434.62 and 434.63 of this part, the following limitations establish the concentration of quality of pollutants in acid or ferruginous mine drainage subject to the provisions of this subsection after application of the best practicable control technology currently available:
(2) Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17, and §§ 434.61 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants in alkaline mine drainage subject to the provisions of this subsection after application of the best practicable control technology currently available:
(a)
(b)
(1) Except as provided in 40 CFR 125.30-125.32, and §§ 434.61, 434.62, and 434.63 of this part, the following limitations establish the concentration or
(2) Except as provided in 40 CFR 125.30-125.32, and §§ 434.61, and 434.63 of this part, the following limitations establish the concentration or quality of pollutants in alkaline mine drainage subject to the provisions of this subsection after application of the best available technology economically achievable:
The following new source performance standards shall apply to the post-mining areas of all new source coal mines:
(a)
(b)
(1) Except as provided in 40 CFR 401.17 and §§ 434.61, 434.62, and 434.63 of this part, the following new source performance standards shall be achieved for the discharge of any acid or ferruginous mine drainage subject to this subsection:
(2) Except as provided in 40 CFR 401.17 and §§ 434.61 and 434.63 of this part, the following new source performance standards shall be achieved for the discharge of any alkaline mine drainage subject to this subsection:
The provisions of this subpart F apply to this part 434 as specified in subparts B, C, D and E.
Where waste streams from any facility covered by this part are combined for treatment or discharge with waste streams from another facility covered by this part, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to any component waste stream of the discharge.
Where the application of neutralization and sedimentation treatment technology results in inability to comply with the otherwise applicable manganese limitations, the permit issuer may allow the pH level in the final effluent to exceed 9.0 to a small extent in order that the manganese limitations can be achieved.
(a)(1) The alternate limitations specified in paragraph (a)(2) of this section apply with respect to:
(i) All discharges of alkaline mine drainage except discharges from underground workings of underground mines that are not commingled with other discharges eligible for these alternate limitations;
(ii) All discharges from steep slope areas, (as defined in section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA)), and from mountaintop removal operations (conducted pursuant to section 515(c) of SMCRA);
(iii) Discharges from coal preparation plants and preparation plant associated areas (excluding acid or ferruginous mine drainage from coal refuse disposal piles).
(2) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period less than or equal to the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:
(b) The following alternate limitations apply with respect to acid or ferruginous drainage from coal refuse disposal piles:
Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period greater than the 1-year, 24-hour precipitation event, but less than or equal to the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:
(c) The following alternate limitations apply with respect to acid or ferruginous mine drainage, except for discharges addressed in paragraphs (a) (mountaintop removal and steep slope areas), (d) (controlled surface mine discharges) and (f) (discharges from underground workings of underground mines) of this section:
(1) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period less than or equal to the 2-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:
(2) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period greater than the 2-year, 24-hour precipitation event, but less than or equal to the 10-year, 24-hour precipitation
(d)(1) The alternate limitations specified in paragraph (d)(2) of this section apply with respect to all discharges described in paragraphs (a), (b) and (c) of this section
(i) Discharges of acid or ferruginous mine drainage from underground workings of underground mines which are commingled with other discharges eligible for these alternate limitations; and
(ii) Controlled acid or ferruginous surface mine discharges; and
(iii) Discharges from reclamation areas.
(2) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period greater than the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:
(e) The operator shall have the burden of proof that the discharge or increase in discharge was caused by the applicable precipitation event described in paragraphs (a), (b), (c), and (d) of this section.
(f) Discharges of mine drainage from underground workings of underground mines which are not commingled with discharges eligible for alternate limitations set forth in this section shall in no event be eligible for the alternate limitations set forth in this section.
For the purposes of this part, the following procedure shall be used to determine settleable solids: Fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample. Allow to settle undisturbed for 45 minutes. Gently stir along the inside surface of the cone with a stirring rod. Allow to settle undisturbed for 15 minutes longer. Record the volume of settled material in the cone as milliliters per liter. Where a separation of settleable and floating materials occurs, do not include the floating material in the reading. Notwithstanding any provision of 40 CFR part 136, the method detection limit for measuring settleable solids under this part shall be 0.4 ml/l.
Any coal mine or coal preparation plant which was considered a new source under previous EPA regulations may, notwithstanding § 122.62 of this chapter, apply to have its NPDES permit modified to incorporate the revised new source performance standards.
33 U.S.C. 1311, 1314, 1316, 1317, 1318 and 1361.
The provisions of this subpart are applicable to those facilities engaged in field exploration, drilling, well production, and well treatment in the oil and gas industry which are located in waters that are seaward of the inner boundary of the territorial seas (“offshore”) as defined in section 502(g) of the Clean Water Act.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term
(c) The term
(d) The term
(e) The term
(f) The term
(g) The term
(h) The term
(i) The term
(1) A water-based drilling fluid has water as the continuous phase and the suspending medium for solids, whether or not oil is present.
(2) An oil-based drilling fluid has diesel oil, mineral oil, or some other oil, but neither a synthetic material nor enhanced mineral oil, as its continuous phase with water as the dispersed phase.
(3) An enhanced mineral oil-based drilling fluid has an enhanced mineral oil as its continuous phase with water as the dispersed phase.
(4) A synthetic-based drilling fluid has a synthetic material as its continuous phase with water as the dispersed phase.
(j) The term
(k) The term
(l) The term
(m) The term
(n) The term
(o) The term
(p) The term
(q) The term
(1) The term
(2) The term
(r) The term
(s) The term
Produced sand also includes desander discharge from the produced water waste stream, and blowdown of the water phase from the produced water treating system.
(t) The term
(u) The term
(v) The term
(w) The term
(x) The term
(y) The term
(z) The term
(aa) The term
(bb) The term
(cc) The term
Except as provided in 40 CFR 125.30-32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30-32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
Except as provided in 40 CFR 125.30-32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT):
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
This method is to be used as a compliance test for the “no discharge of free oil” requirement for discharges of drilling fluids, drill cuttings, produced sand, and well treatment, completion and workover fluids. “Free oil” refers to any oil contained in a waste stream that when discharged will cause a film or sheen upon or a discoloration of the surface of the receiving water.
15-mL samples of drilling fluids or well treatment, completion, and workover fluids, and 15-g samples (wet weight basis) of drill cuttings or produced sand are introduced into ambient seawater in a container having an air-to-liquid interface area of 1000 cm
Residual “free oil” adhering to sampling containers, the magnetic stirring bar used to mix the sample, and the stainless steel spatula used to mix the sample will be the principal sources of contamination problems. These problems should only occur if improperly washed and cleaned equipment are used for the test. The use of disposable equipment minimizes the potential for similar contamination from pipettes and the test container.
None currently specified.
None currently specified.
7.1Sampling containers must be thoroughly washed with detergent, rinsed a minimum of three times with fresh water, and allowed to air dry before samples are collected.
7.2Samples of drilling fluid to be tested shall be taken at the shale shaker after cuttings have been removed. The sample volume should range between 200 mL and 500 mL.
7.3Samples of drill cuttings will be taken from the shale shaker screens with a clean spatula or similar instrument and placed in a glass beaker. Cuttings samples shall be collected prior to the addition of any washdown water and should range between 200 g and 500 g.
7.4Samples of produced sand must be obtained from the solids control equipment from which the discharge occurs on any given day and shall be collected prior to the addition of any washdown water; samples should range between 200 g and 500 g.
7.5Samples of well treatment, completion, and workover fluids must be obtained from the holding facility prior to discharge; the sample volume should range between 200 mL and 500 mL.
7.6Samples must be tested no later than 1 hour after collection.
7.7Drilling fluid samples must be mixed in their sampling containers for 5 minutes prior to the test using a magnetic bar stirrer. If predilution is imposed as a permit condition, the sample must be mixed at the same ratio with the same prediluting water as the discharged muds and stirred for 5 minutes.
7.8Drill cuttings must be stirred and well mixed by hand in their sampling containers prior to testing, using a stainless steel spatula.
8.1Ambient receiving water must be used as the “receiving water” in the test. The temperature of the test water shall be as close as practicable to the ambient conditions in the receiving water, not the room temperature of the observation facility. The test container must have an air-to-liquid interface area of 1000
8.2Plastic liners shall be used, one per test container, and discarded afterwards. Some liners may inhibit spreading of added oil; operators shall determine an appropriate local source of liners that do not inhibit the spreading of the oil film.
8.3A 15-mL sample of drilling fluid or well treatment, completion, and workover fluids must be introduced by pipette into the test container 1 cm below the water surface. Pipettes must be filled and discharged with test material prior to the transfer of test material and its introduction into test containers. The test water/test material mixture must be stirred using the pipette to distribute the test material homogeneously throughout the test water. The pipette must be used only once for a test and then discarded.
8.4Drill cuttings or produced sand should be weighed on plastic weighing boats; 15-g samples must be transferred by scraping test material into the test water with a stainless steel spatula. Drill cuttings shall not be prediluted prior to testing. Also, drilling fluids and cuttings will be tested separately. The weighing boat must be immersed in the test water and scraped with the spatula to transfer any residual material to the test container. The drill cuttings or produced sand must be stirred with the spatula to an even distribution of solids on the bottom of the test container.
8.5Observations must be made no later than 1 hour after the test material is transferred to the test container. Viewing points above the test container should be made from at least three sides of the test container, at viewing angles of approximately 60° and 30° from the horizontal. Illumination of the test container must be representative of adequate lighting for a working environment to conduct routine laboratory procedures. It is recommended that the water surface of the test container be observed under a fluorescent light source such as a dissecting microscope light. The light source shall be positioned above and directed over the entire surface of the pan.
8.6Detection of a “silvery” or “metallic” sheen or gloss, increased reflectivity, visual color, iridescence, or an oil slick on the water surface of the test container surface shall constitute a demonstration of “free oil.” These visual observations include patches, streaks, or sheets of such altered surface characteristics. If the free oil content of the sample approaches or exceeds 10%, the water surface of the test container may lack color, a sheen, or iridescence, due to the increased thickness of the film; thus, the observation for an oil slick is required. The surface of the test container shall not be disturbed in any manner that reduces the size of any sheen or slick that may be present.
If an oil sheen or slick occurs on less than one-half of the surface area after the sample is introduced to the test container, observations will continue for up to 1 hour. If the sheen or slick increases in size and covers greater than one-half of the surface area of the test container during the observation period, the discharge of the material shall cease. If the sheen or slick does not increase in size to cover greater than one-half of the test container surface area after one hour of observation, discharge may continue and additional sampling is not required.
If a sheen or slick occurs on greater than one-half of the surface area of the test container after the test material is introduced, discharge of the tested material shall cease.
The collection and preservation methods for drilling fluids (muds) and water samples presented here are designed to minimize sample contamination and alteration of the physical or chemical properties of the samples due to freezing, air oxidation, or drying.
(1) The following items are required for water and drilling mud sampling and storage:
a. Acid-rinsed linear-polyethylene bottles or other appropriate noncontaminating drilling mud sampler.
b. Acid-rinsed linear-polyethylene bottles or other appropriate noncontaminating water sampler.
c. Acid-rinsed linear-polyethylene bottles or other appropriate noncontaminated vessels for water and mud samples.
d. Ice chests for preservation and shipping of mud and water samples.
(1) Collection of water samples shall be made with appropriate acid-rinsed linear-polyethylene bottles or other appropriate non-contaminating water sampling devices. Special care shall be taken to avoid the introduction of contaminants from the sampling devices and containers. Prior to use, the sampling devices and containers should be thoroughly cleaned with a detergent solution, rinsed with tap water, soaked in 10 percent hydrochloric acid (HCl) for 4 hours, and then thoroughly rinsed with glass-distilled water.
(1) Drilling mud formulations to be tested shall be collected from active field systems. Obtain a well-mixed sample from beneath the shale shaker after the mud has passed through the screens. Samples shall be stored in polyethylene containers or in other appropriate uncontaminated vessels. Prior to sealing the sample containers on the platform, flush as much air out of the container by filling it with drilling fluid sample, leaving a one inch space at the top.
(2) Mud samples shall be immediately shipped to the testing facility on blue or wet ice (do not use dry ice) and continuously maintained at 0-4 °C until the time of testing.
(3) Bulk mud samples shall be thoroughly mixed in the laboratory using a 1000 rpm high shear mixer and then subdivided into individual, small wide-mouthed (e.g., one or two liter) non-contaminating containers for storage.
(4) The drilling muds stored in the laboratory shall have any excess air removed by flushing the storage containers with nitrogen under pressure anytime the containers are opened. Moreover, the sample in any container opened for testing must be thoroughly stirred using a 1000 rpm high shear mixer prior to use.
(5) Most drilling mud samples may be stored for periods of time longer than 2 weeks prior to toxicity testing provided that proper containers are used and proper condition are maintained.
(1) Mud samples that have been stored under specified conditions in this protocol shall be prepared for tests within three months after collection. The SPP shall be prepared as detailed below.
(1) The following items are required:
a. Magnetic stir plates and bars.
b. Several graduated cylinders, ranging in volume from 10 mL to 1 L
c. Large (15 cm) powder funnels.
d. Several 2-liter graduated cylinders.
e. Several 2-liter large mouth graduated Erlenmeyer flasks.
(2) Prior to use, all glassware shall be thoroughly cleaned. Wash all glassware with detergent, rinse five times with tap water, rinse once with acetone, rinse several times with distilled or deionized water, place in a clean 10-percent (or stronger) HCl acid bath for a minimum of 4 hours, rinse five times with tap water, and then rinse five times with distilled or deionized water. For test samples containing mineral oil or diesel oil, glassware should be washed with petroleum ether to assure removal of all residual oil.
If the glassware with nytex cups soaks in the acid solution longer than 24 hours, then an equally long deionized water soak should be performed.
(1) Diluent seawater and exposure seawater samples are prepared by filtration through a 1.0 micrometer filter prior to analysis.
(2) Artificial seawater may be used as long as the seawater has been prepared by standard methods or ASTM methods, has been properly “seasoned,” filtered, and has been diluted with distilled water to the same specified 20
(1) The pH of the mud shall be tested prior to its use. If the pH is less than 9, if black spots have appeared on the walls of the sample container, or if the mud sample has a foul odor, that sample shall be discarded. Subsample a manageable aliquot of mud from the well-mixed original sample. Mix the mud and filtered test seawater in a volumetric mud-to-water ratio of 1 to 9. This is best done by the method of volumetric displacement in a 2-L, large mouth, graduated Erlenmeyer flask. Place 1000 mL of seawater into the graduated Erlenmeyer flask. The mud subsample is then carefully added via a powder funnel to obtain a total volume of 1200 mL. (A 200 mL volume of the mud will now be in the flask).
The 2-L, large mouth, graduated Erlenmeyer flask is then filled to the 2000 mL mark with 800 mL of seawater, which produces a slurry with a final ratio of one volume drilling mud to nine volumes water. If the volume of SPP required for testing or analysis exceeds 1500 to 1600 mL, the initial volumes should be proportionately increased. Alternatively, several 2-L drill mud/water slurries may be prepared as outlined above and combined to provide sufficient SPP.
(2) Mix this mud/water slurry with magnetic stirrers for 5 minutes. Measure the pH and, if necessary, adjust (decrease) the pH of the slurry to within 0.2 units of the seawater by adding 6N HCl while stirring the slurry. Then, allow the slurry to settle for 1 hour. Record the amount of HCl added.
(3) At the end of the settling period, carefully decant (do not siphon) the Suspended Particulate Phase (SPP) into an appropriate container. Decanting the SPP is one continuous action. In some cases no clear interface will be present; that is, there will be no solid phase that has settled to the bottom. For those samples the entire SPP solution should be used when preparing test concentrations. However, in those cases when no clear interface is present, the sample must be remixed for five minutes. This insures the homogeneity of the mixture prior to the preparation of the test concentrations. In other cases, there will be samples with two or more phases, including a solid phase. For those samples, carefully and continuously decant the supernatant until the solid phase on the bottom of the flask is reached. The decanted solution is defined to be 100 percent SPP. Any other concentration of SPP refers to a percentage of SPP that is obtained by volumetrically mixing 100 percent SPP with seawater.
(4) SPP samples to be used in toxicity tests shall be mixed for 5 minutes and must not be preserved or stored.
(5) Measure the filterable and unfilterable residue of each SPP prepared for testing. Measure the dissolved oxygen (DO) and pH of the SPP. If the DO is less than 4.9 ppm, aerate the SPP to at least 4.9 ppm which is 65 percent of saturation. Maximum allowable aeration time is 5 minutes using a generic commercial air pump and air stone. Neutralize the pH of the SPP to a pH 7.8
(6) Add the appropriate volume of 100 percent SPP to the appropriate volume of seawater to obtain the desired SPP concentration. The control is seawater only. Mix all concentrations and the control for 5 minutes by using magnetic stirrers. Record the time; and, measure DO and pH for Day 0. Then, the animals shall be randomly selected and placed in the dishes in order to begin the 96-hour toxicity test.
(1) Items listed by Borthwick [1] are required for each test series, which consists of one set of control and test containers, with three replicates of each.
(1) Drilling muds and water samples are collected and stored, and the suspended particulate phase prepared as described in section 1-C.
(1) The Suspended Particulate Phase (SPP) tests on drilling muds shall utilize the test species
(1) Suspended particulate phase (SPP) tests should be conducted at a salinity of 20
(2) Aeration of test media is required during the entire test with a rate estimated to be 50-140 cubic centimeters/minute. This air flow to each test dish may be achieved through polyethylene tubing (0.045-inch inner diameter and 0.062-inch outer diameter) by a small generic aquarium pump. The delivery method, surface area of the aeration stone, and flow characteristics shall be documented. All treatments, including control, shall be the same.
(3) Light intensity shall be 1200 microwatts/cm
(1) Wash all glassware with detergent, rinse five times with tap water, rinse once with acetone, rinse several times with distilled or deionized water, place in a clean 10 percent HCl acid bath for a minimum of 4 hours, rinse five times with tap water, and then rinse five times with distilled water.
(2) Establish the definitive test concentration based on results of a range finding test. A minimum of five test concentrations plus a negative and positive (reference toxicant) control is required for the definitive test. To estimate the LC-50, two concentrations shall be chosen that give (other than zero and 100 percent) mortality above and below 50 percent.
(3) Twenty organisms are exposed in each test dish. Nytex
(4) Individual organisms shall be randomly assigned to treatment. A randomization procedure is presented in section V of this protocol. Make every attempt to expose animals of approximately equal size. The technique described by Borthwick [1], or other suitable substitutes, should be used for transferring specimens. Throughout the test period, mysids shall be fed daily with approximately 50
(5) Cover the dishes, aerate, and incubate the test containers in an appropriate test chamber. Positioning of the test containers holding various concentrations of test solution should be randomized if incubator arrangement indicates potential position difference. The test medium is not replaced during the 96-hour test.
(6) Observations may be attempted at 4, 6 and 8 hours; they must be attempted at 0, 24, 48, and 72 hours and must be made at 96 hours. Attempts at observations refers to placing a test dish on a light table and visually counting the animals. Do not lift the “nylon mesh screen” cup out of the test dish to make the observation. No unnecessary handling of the animals should occur during the 96 hour test period. DO and pH measurements must also be made at 0, 24, 48, 72, and 96 hours. Take and replace the test medium necessary for the DO and pH measurements outside of the nytex cups to minimize stresses on the animals.
(7) At the end of 96 hours, all live animals must be counted. Death is the end point, so the number of living organisms is recorded. Death is determined by lack of spontaneous movement. All crustaceans molt at regular intervals, shedding a complete exoskeleton. Care should be taken not to count an exoskeleton. Dead animals might decompose or be eaten between observations. Therefore, always count living, not dead animals. If daily observations are made, remove dead organisms and molted exoskeletons with a pipette or forceps. Care must be taken not to disturb living organisms and to minimize the amount of liquid withdrawn.
(1) Sodium lauryl sulfate (dodecyl sodium sulfate) is used as a reference toxicant for the positive control. The chemical used should be approximately 95 percent pure. The source, lot number, and percent purity shall be reported.
(2) Test methods are those used for the drilling fluid tests, except that the test material was prepared by weighing one gram sodium lauryl sulfate on an analytical balance, adding the chemical to a 100-milliliter volumetric flask, and bringing the flask to volume with deionized water. After mixing this stock solution, the test mixtures are prepared by adding 0.1 milliliter of the stock solution for each part per million desired to one liter of seawater.
(3) The mixtures are stirred briefly, water quality is measured, animals are added to holding cups, and the test begins. Incubation and monitoring procedures are the same as those for the drilling fluids.
(1) The purpose of this procedure is to assure that mysids are impartially selected and randomly assigned to six test treatments (five drilling fluid or reference toxicant concentrations and a control) and impartially counted at the end of the 96-hour test. Thus, each test setup, as specified in the randomization procedure, consists of 3 replicates of 20 animals for each of the six treatments, i.e., 360 animals per test. Figure 1 is a flow diagram that depicts the procedure schematically and should be reviewed to understand the over-all operation. The following tasks shall be performed in the order listed.
(2) Mysids are cultured in the laboratory in appropriate units. If mysids are purchased, go to Task 3.
(3) Remove mysids from culture tanks (6, 5, 4, and 3 days before the test will begin, i.e. Tuesday, Wednesday, Thursday, and Friday if the test will begin on Monday) and place them in suitably large maintenance containers so that they can swim about freely and be fed.
Not every detail (the definition of suitably large containers, for example) is provided here. Training and experience in aquatic animal culture and testing will be required to successfully complete these tests.
(4) Remove mysids from maintenance containers and place all animals in a single container. The intent is to have homogeneous test population of mysids of a known age (3-6 days old).
(5) For each toxicity test, assign two suitable containers (500-milliliter (mL) beakers are recommended) for mysid separation/enumeration. Label each container (A1, A2, B1, B2, and C1, C2, for example, if two drilling fluid tests and a reference toxicant test are to be set up on one day). The purpose of this task is to allow the investigator to obtain a close estimate of the number of animals available for testing and to prevent unnecessary crowding of the mysids while they are being counted and assigned to test containers. Transfer the mysids from the large test population container to the labeled separation and enumeration containers but do not place more than 200 mysids in a 500-mL beaker. Be impartial in transferring the mysids; place approximately equal numbers of animals (10-15 mysids is convenient) in each container in a cyclic manner rather than placing the maximum number each container at one time.
It is important that the animals not be unduly stressed during this selection and assignment procedure. Therefore, it will probably be necessary to place all animals (except the batch immediately being assigned to test containers) in mesh cups with flowing seawater or in large volume containers with aeration. The idea is to provide the animals with near optimal conditions to avoid additional stress.
(6) Place the mysids from the two labeled enumeration containers assigned to a specific test into one or more suitable containers to be used as counting dishes (2-liter Carolina dishes are suggested). Because of the time required to separate, count, and assign mysids, two or more people may be involved in completing this task. If this is done, two or more counting dishes may be used, but the investigator must make sure that approximately equal numbers of mysids from each labeled container are placed in each counting dish.
(7) By using a large-bore, smooth-tip glass pipette, select mysids from the counting dish(es) and place them in the 36 individually numbered distribution containers (10-ml beakers are suggested). The mysids are assigned two at a time to the 36 containers by using a randomization schedule similar to the one presented below. At the end of selection/assignment round 1, each container will contain two mysids; at the end of round 2, they will contain four mysids; and so on until each contains ten mysids.
(8) Transfer mysids from the 36 distribution containers to 18 labeled test containers in random order. A label is assigned to each of the three replicates (A, B, C) of the six test concentrations. Count and record the 96 hour response in an impartial order.
(9) Repeat tasks 5-7 for each toxicity test. A new random schedule should be followed in Tasks 6 and 7 for each test.
If a partial toxicity test is conducted, the procedures described above are appropriate and should be used to prepare the single test concentration and control, along with the reference toxicant test.
(1) Complete survival data in all test containers at each observation time shall be presented in tabular form. If greater than 10 percent mortality occurs in the controls, all data shall be discarded and the experiment repeated. Unacceptably high control mortality indicates the presence of important stresses on the organisms other than the material being tested, such as injury or disease, stressful physical or chemical conditions in the containers, or improper handling, acclimation, or feeding. If 10 percent mortality or less occurs in the controls, the data may be evaluated and reported.
(2) A definitive, full bioassay conducted according to the EPA protocol is used to estimate the concentration that is lethal to 50
(3) The range finding test is used to establish a reasonable set of test concentrations in order to run the definitive test. However, if the lethality rate changes rapidly over a narrow range of concentrations, the range finding assay may be too coarse to establish an adequate set of test concentrations for a definitive test.
(4) The EPA Environmental Research Laboratory in Gulf Breeze, Florida prepared a Research and Development Report entitled Acute Toxicity of Eight Drilling Fluids to Mysid Shrimp (
(1) A partial test conducted according to EPA protocol can be used economically to demonstrate that a test material passes the toxicity test. The partial test cannot be used to estimate the LC-50 adjusted for natural response.
(2) To conduct a partial test follow the test protocol for preparation of the test material and organisms. Prepare the control (zero concentration), one test concentration (3 percent suspended particulate phase) and the reference toxicant according to the methods of the full test. A range finding test is not used for the partial test.
(3) Sixty test organisms are used for each test concentration. Find the number of test organisms killed in the control (zero percent SPP) concentration in the column labeled X
(4) Data shall be reported as percent suspended particulate phase.
1. Borthwick, Patrick W. 1978. Methods for acute static toxicity tests with mysid shrimp (
2. Nimmo, D.R., T.L. Hamaker, and C.A. Somers. 1978. Culturing the mysid (
3. American Public Health Association et al. 1980. Standard Methods for the Examination of Water and Wastewater. Washington, DC, 15th Edition: 90-99.
4. U.S. Environmental Protection Agency, September 1991. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. EPA/600/4-90/027. Washington, DC, 4th Edition.
5. Finney, D.J. Probit Analysis. Cambridge University Press; 1971.
6. U.S. Environmental Protection Agency, May 1984. Acute Toxicity of Eight Drilling Fluids to Mysid Shrimp (
The provisions of this subpart are applicable to those facilities engaged in the production, field exploration, drilling, well completion and well treatment in the oil and gas extraction industry which are located landward of the inner boundary of the territorial seas as defined in 40 CFR 125.1(gg) and which are not included within subpart D, E, or F,
For the purpose of this subpart:
(a) The general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of waste water pollutants into navigable waters from any source associated with production, field exploration, drilling, well completion, or well treatment (i.e., produced water, drilling muds, drill cuttings, and produced sand).
The provisions of this subpart are applicable to those facilities engaged in field exploration, drilling, well production, and well treatment in the oil and gas industry in areas defined as “coastal.” The term “coastal” shall mean:
(a) Any location in or on a water of the United States landward of the inner boundary of the territorial seas; or
(b)(1) Any location landward from the inner boundary of the territorial seas
(2) East to 97°19′ West Longitude and Southward to the U.S.-Mexican border.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term
(c) The term
(d) The term
(e) The term
(f) The term
(g) The term
(h) The term
(i) The term
(j) The term
(k) The term
(1) A water-based drilling fluid has water as the continuous phase and the suspending medium for solids, whether or not oil is present.
(2) An oil-based drilling fluid has diesel oil, mineral oil, or some other oil, but neither a synthetic material nor enhanced mineral oil, as its continuous phase with water as the dispersed phase.
(3) An enhanced mineral oil-based drilling fluid has an enhanced mineral oil as its continuous phase with water as the dispersed phase.
(4) A synthetic-based drilling fluid has a synthetic material as its continuous phase with water as the dispersed phase.
(l) The term
(m) The term
(n) The term
(o) The term
(p) The term
(q) The term
(r) The term
(s) The term
(t)(1) The term
(i) The term
(ii) The term
(2) “New Source” does not include facilities covered by an existing NPDES permit immediately prior to the effective date of these guidelines pending EPA issuance of a new source NPDES permit.
(u) The term
(v) The term
(w) The term
(x) The term
(y) The term
(z) The term
(aa) The term
(bb) The term
(cc) The term
(dd) The term
(ee) The term
(ff) The term
Except as provided in 40 CFR 125.30-125.32, any existing point source subject to this Subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in 40 CFR 125.30-125.32, any existing point source subject to this Subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
Except as provided in 40 CFR 125.30-125.32, any existing point source subject to this Subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT):
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7 and 403.13, any existing source with discharges subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES).
Except as provided in 40 CFR 403.7 and 403.13, any new source with discharges subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS).
The provisions of this subpart are applicable to those onshore facilities located in the continental United States and west of the 98th meridian for which the produced water has a use in agriculture or wildlife propagation when discharged into navigable waters. These facilities are engaged in the production, drilling, well completion, and well treatment in the oil and gas extraction industry.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “onshore” shall mean all land areas landward of the territorial seas as defined in 40 CFR 125.1(gg).
(c) The term “use in agricultural or wildlife propagation” means that the produced water is of good enough quality to be used for wildlife or livestock watering or other agricultural uses and that the produced water is actually put to such use during periods of discharge.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) There shall be no discharge of waste pollutants into navigable waters from any source (other than produced water) associated with production, field exploration, drilling, well completion, or well treatment (i.e., drilling muds, drill cuttings, and produced sands).
(b) Produced water discharges shall not exceed the following daily maximum limitation:
Effluent characteristics: Effluent limitation (mg/l).
Oil and Grease: 35.
The provisions of this subpart are applicable to those onshore facilities which produce 10 barrels per well per calendar day or less of crude oil and which are operating at the maximum feasible rate of production and in accordance with recognized conservation practices. These facilities are engaged in production, and well treatment in the oil and gas extraction industry.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “onshore” shall mean all land areas landward of the inner boundary of the territorial seas as defined in 40 CFR 125.1(gg).
(c) The term “well” shall means crude oil producing wells and shall not include gas wells or wells injecting water for disposal or for enchanced recovery of oil or gas.
(d) The term “gas well” shall mean any well which produces natural gas in a ratio to the petroleum liquids produced greater than 15,000 cubic feet of gas per 1 barrel (42 gallons) of petroleum liquids.
(a)
(b)
(1) An Oil and Gas facility, operator, or its agent or contractor may move its wastewaters from a facility located in one subcategory to another subcategory for treatment and return it to a location covered by the original subcategory for disposal. In such case, the effluent limitations guidelines, new source performance standards, or pretreatment standards for the original subcategory apply.
(2) An Oil and Gas facility, operator, or its agent or contractor may move its wastewaters from a facility located in one subcategory to another subcategory for disposal or treatment and disposal, provided:
(i) If an Oil and Gas facility, operator or its agent or contractor moves wastewaters from a wellhead located in one subcategory to another subcategory where oil and gas facilities are governed by less stringent effluent limitations guidelines, new source performance standards, or pretreatment standards, the more stringent effluent limitations guidelines, new source performance standards, or pretreatment standards applicable to the subcategory where the wellhead is located shall apply.
(ii) If an Oil and Gas facility, operator or its agent moves effluent from a wellhead located in one subcategory to another subcategory where oil and gas facilities are governed by more stringent effluent limitations guidelines, new source performance standards, or pretreatment standards, the more stringent effluent limitations guidelines, new source performance standards, or pretreatment standards applicable at the point of discharge shall apply.
Secs. 301, 304 (b) and (c), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, 1311, 1314 (b) and (c), 86 Stat. 816
The provisions of this subpart are applicable to the mining or quarrying and the processing of crushed and broken stone and riprap. This subpart includes all types of rock and stone. Rock and stone that is crushed or broken prior to the extraction of a mineral are elsewhere covered. The processing of calcite, however, in conjunction with the processing of crushed and broken limestone or dolomite is included in this subpart.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “mine dewatering” shall mean any water that is impounded or that collects in the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operator. However, if a mine is also used for treatment of process generated waste water, discharges of commingled water from the facilities shall be deemed discharges of process generated waste water.
(c) The term “10-year 24-hour precipitation event” shall mean the maximum 24-hour precipitation event with a probable reoccurrence interval of once in 10 years. This information is available in “Weather Bureau Technical Paper No. 40,” May 1961 and “NOAA Atlas 2,” 1973 for the 11 Western States, and may be obtained from the National Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.
(d) The term “mine” shall mean an area of land, surface or underground, actively mined for the production of crushed and broken stone from natural deposits.
(e) The term “process generated waste water” shall mean any waste water used in the slurry transport of mined material, air emissions control, or processing exclusive of mining. The term shall also include any other water which becomes commingled with such waste water in a pit, pond, lagoon, mine, or other facility used for treatment of such waste water.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraphs (b) and (c) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(1) Discharges of process generated waste water pollutants from facilities that recycle waste water for use in processing shall not exceed the following limitations:
(2) Mine dewatering discharges shall not exceed the following limitations:
(b) Any overflow from facilities governed by this subpart shall not be subject to the limitations of paragraph (a) of this section if the facilities are designed, constructed and maintained to contain or treat the volume of waste water which would result from a 10-year 24-hour precipitation event.
(c) In the case of a discharge into receiving waters for which the pH, if unaltered by man's activities, is or would be less than 6.0 and water quality criteria in water quality standards approved under the Act authorize such lower pH, the pH limitations for such discharge may be adjusted downward to the pH water quality criterion for the receiving waters. In no case shall a pH limitation outside the range 5.0 to 9.0 be permitted.
The provisions of this subpart are applicable to the mining and the processing of sand and gravel for construction or fill uses, except that on-board processing of dredged sand and gravel which is subject to the provisions of 33 CFR part 230 of this chapter will not be governed by the provisions of this subpart.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “mine dewatering” shall mean any water that is impounded or that collects in the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operator. This term shall also include wet pit overflows caused solely by direct rainfall and ground water seepage. However, if a mine is also used for treatment of process generated waste water, discharges of commingled water from the mine shall be deemed discharges of process generated waste water.
(c) The term “10-year 24-hour precipitation event” shall mean the maximum 24 hour precipitation event with a probable reoccurrence interval of once in 10 years. This information is available in “Weather Bureau Technical Paper No. 40,” May 1961 and “NOAA Atlas 2,” 1973 for the 11 Western States, and may be obtained from the National Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.
(d) The term “mine” shall mean an area of land, surface or underground, actively mined for the production of sand and gravel from natural deposits.
(e) The term “process generated waste water” shall mean any waste water used in the slurry transport of mined material, air emissions control, or processing exclusive of mining. The term shall also include any other water which becomes commingled with such waste water in a pit, pond, lagoon, mine or other facility used for treatment of such waste water. The term does not include waste water used for the suction dredging of deposits in a body of water and returned directly to the body of waste without being used for other purposes or combined with other waste water.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraphs (b) and (c) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(1) Discharges of process generated waste water pollutants from facilities that recycle waste water for use in processing shall not exceed the following limitations:
(2) Mine dewatering discharges shall not exceed the following limitations:
(b) Any overflow from facilities governed by this subpart shall not be subject to the limitations of paragraph (a) of this section if the facilities are designed, constructed and maintained to contain or treat the volume of waste water which would result from a 10-year 24-hour precipitation event.
(c) In the case of a discharge into receiving waters for which the pH, if unaltered by man's activities, is or
The provisions of this subpart are applicable to the mining and the processing of sand and gravel for uses other than construction and fill. These uses include, but are not limited to glassmaking, molding, abrasives, filtration, refractories, and refractory bonding.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “mine dewatering” shall mean any water that is impounded or that collects in the mine and is pumped, drained, or otherwise removed from the mine through the efforts of the mine operator. This term shall also include wet pit overflows caused solely by direct rainfall and ground water seepage. However, if a mine is also used for the treatment of process generated waste water, discharges of commingled water from the mine shall be deemed discharges of process generated waste water.
(c) The term “10-year 24-hour precipitation event” shall mean the maximum 24 hour precipitation event with a probable reoccurrence interval of once in 10 years. This information is available in “Weather Bureau Technical Paper No. 40,” May 1961 and “NOAA Atlas 2,” 1973 for the 11 Western States, and may be obtained from the National Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.
(d) The term “mine” shall mean an area of land actively mined for the production of sand and gravel from natural deposits.
(e) The term “process generated waste water” shall mean any waste water used in the slurry transport of mined material, air emissions control, or processing exclusive of mining. The term shall also include any other water which becomes commingled with such waste water in a pit, pond, lagoon, mine or other facility used for treatment of such waste water. The terms does not include waste water used for the suction dredging of deposits in a body of water and returned directly to the body of water without being used for other purposes or combined with other waste water.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraphs (b) and (c) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(1) With the exception of operation using HF flotation, discharges of process waste water pollutants from facilities that recycle waste water, for use in the processing shall not exceed the following limitations:
(2) Except as provided in paragraphs (a) (1) and (3) of this section, there
(3) Process generated waste water from facilities employing HF flotation shall not exceed the following limitations:
(4) Mine dewatering discharges shall not exceed the following limitations:
(b) Any overflow from facilities governed by this subpart shall not be subject to the limitations of paragraph (a) of this section if the facilities are designed, constructed and maintained to contain or treat the volume of waste water which would result from a 10-year 24-hour precipitation event.
(c) In the case of a discharge into receiving waters for which the pH, if unaltered by man's activities, is or would be less than 6.0 and water quality criteria in water quality standards approved under the Act authorize such lower pH, the pH limitation for such discharge may be adjusted downward to the pH water quality criterion for the receiving waters. In no case shall a pH limitation outside the range 5.0 to 9.0 be permitted.
The provisions of this subpart are applicable to the processing of gypsum.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) For operations not employing wet air emissions control scrubbers there shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic
The provisions of this subpart are applicable to the processing of bituminous limestone, oil-impregnated diatomite and oilsonite not primarily as an energy source.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Subject to the provisions of the following paragraphs of this section, there shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
The provisions of this supbart are applicable to the processing of asbestos and wollastonite.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Subject to the provisions of the following paragraphs of this section, there shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic
The provisions of this subpart are applicable to the processing of barite.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): For operations not employing wet processes or flotation processes there shall be no discharge of process generated waste water pollutants into navigable waters.
The provisions of this subpart are applicable to the processing of fluorspar.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): For operations not employing heavy media separation or flotation processes there shall be no discharge of process generated waste water pollutants into navigable waters.
The provisions of this subpart are applicable to the processing of salines from brine lakes.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the
(b) The limitations specified in paragraph (a) of this section shall be applied on a net basis if the discharge is in compliance with § 125.28 of this chapter “the source of the applicant's water supply is the same body of water into which the discharge is made * * * ”.
The provisions of this subpart are applicable to the processing of borate minerals. Borax obtained from brine lakes is regulated in the salines from brine lakes subcategory (subpart L of this part).
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of process waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
Sec. 306, Federal Water Pollution Control Act, as amended.
The provisions of this subpart are applicable to the processing of potash. Potash obtained from brine lakes is regulated in the saline from brine lakes subcategory (subpart L of this part).
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of process waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment.
The provisions of this subpart are applicable to the processing of sodium sulfate. Sodium sulfate obtained from brine lakes is regulated in the salines from brine lakes subcategory (subpart L of this part).
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of process waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
Sec. 306, Federal Water Pollution Control Act, as amended.
The provisions of this subpart are applicable to the mining and the processing of phosphate bearing rock, ore or earth for the phosphate content.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “mine dewatering” shall mean any water that is impounded or that collects in the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operator.
(c) The term “10-year 24-hour precipitation event” shall mean the maximum 24 hour precipitation event with a probable reoccurrence interval of once in 10 years. This information is available in “Weather Bureau Technical Paper No. 40,” May 1961 and “NOAA Atlas 2,” 1973 for the 11 Western States, and may be obtained from the National Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.
(d) The term “mine” shall mean an area of land, surface or underground, actively used for or resulting from the
(e) The term “process generated waste water” shall mean any waste water used in the slurry transport of mined material, air emissions control, or processing exclusive of mining. The term shall also include any other water which becomes commingled with such waste water in a pit, pond lagoon, mine, or other facility used for settling or treatment of such waste water.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(1) Discharges of process generated waste water and mine dewatering discharges, shall not exceed the following limitations:
(b) Any overflow from facilities governed by this subpart shall not be subject to the limitations of paragraph (a) of this section if the facilities are designed, constructed and maintained to contain or treat the volume of waste water which would result from a 10-year 24-hour precipitation event.
(a) Subject to the provisions of paragraph (b) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available demonstrated control technology.
(1) Discharges of process generated waste water and mine dewatering discharges, shall not exceed the following limitations:
(b) Any overflow from facilities governed by this subpart shall not be subject to the limitations of paragraph (a) of this section if the facilities are designed, constructed and maintained to contain or treat the volume of waste water which would result from a 10-year 24-hour precipitation event.
The provisions of this subpart are applicable to the processing of sulfur on shore and in marshes and estuaries by the Frasch process. Not covered are sulfur refining operations that are not performed at the mining and collection site.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section for operations mining anhydrite deposits, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of process waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
The provisions of this subpart are applicable to the processing of bentonite.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process generated waste water pollutants into navigable waters.
The provisions of this subpart are applicable to the processing of naturally occurring magnesite ore.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
The provisions of this subpart are applicable to the processing of diatomite.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
The provisions of this subpart are applicable to the processing of jade.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): there shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic
The provisions of this subpart are applicable to the processing of novaculite.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process generated waste water pollutants into navigable waters.
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
The provisions of this subpart are applicable to the processing of tripoli.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): For operations not employing wet processes there shall be no discharge of
The provisions of this subpart are applicable to the mining and processing of naturally occurring graphite.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “mine drainage” shall mean any water drained, pumped or siphoned from a mine.
(a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(b) Only that volume of water resulting from precipitation that exceeds the maximum safe surge capacity of a process waste water impoundment may be discharged from that impoundment. The height difference between the maximum safe surge capacity level and the normal operating level must be greater than the inches of rain representing the 10-year, 24-hour rainfall event as established by the National Climatic Center, National Oceanic and Atmospheric Administration for the locality in which such impoundment is located.
Secs. 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.
(a) This part applies to process wastewater discharges resulting from the research and manufacture of pharmaceutical products, which are generally, but not exclusively, reported under SIC 2833, SIC 2834 and SIC 2836 (1987 Standard Industrial Classification Manual).
(b) Although not reported under SIC 2833, SIC 2834 and SIC 2836, discharges from the manufacture of other pharmaceutical products to which this part applies include (but are not limited to):
(1) Products manufactured by one or more of the four types of manufacturing processes described in subcategories A, B, C or D of this part, and considered by the Food and Drug Administration to be pharmaceutical active ingredients;
(2) Multiple end-use products (e.g., components of formulations, chemical intermediates, or final products) derived from pharmaceutical manufacturing operations and intended for use primarily in pharmaceutical applications;
(3) Pharmaceutical products and intermediates not subject to other categorical limitations and standards, provided the manufacturing processes generate process wastewaters that are similar to those derived from the manufacture of pharmaceutical products elsewhere (an example of such a product is citric acid);
(4) Cosmetic preparations that are reported under SIC 2844 and contain pharmaceutical active ingredients, or active ingredients that are intended for the treatment of a skin condition.
(c) The provisions of this part do not apply to wastewater discharges resulting from the manufacture of the following products, or as a result of providing one or more of the following services:
(1) Surgical and medical instruments and apparatus reported under SIC 3841;
(2) Orthopedic, prosthetic, and surgical appliances and supplies reported under SIC 3842;
(3) Dental equipment and supplies reported under SIC 3843;
(4) Medical laboratory services reported under SIC 8071;
(5) Dental laboratory services reported under SIC 8072;
(6) Outpatient care facility services reported under SIC 8081;
(7) Health and allied services reported under SIC 8091, and not classified elsewhere;
(8) Diagnostic devices other than those reported under SIC 3841;
(9) Animal feed products that include pharmaceutical active ingredients such as vitamins and antibiotics, where the major portion of the product is non-pharmaceutical, and the resulting process wastewater is not characteristic of process wastewater from the manufacture of pharmaceutical products;
(10) Food and beverage products fortified with vitamins or other pharmaceutical active ingredients, where the major portion of the product is non-pharmaceutical, and the resulting process wastewater is not characteristic of process wastewater from the manufacture of pharmaceutical products;
(11) Pharmaceutical products and intermediates subject to the provisions of 40 CFR part 414, provided their manufacture results in less than 50 percent of the total flow of process wastewater that is regulated by 40 CFR part 414 at the facility.
As used in this part:
(a) The general definitions, abbreviations and methods of analysis in 40 CFR part 401 shall apply.
(b) The term
(c) The term
(d) The term
(e) The term
(f) The term
(g) The term
(h) The term
(i) The term
(j) The term
(1) Trimethyl silanol, any active anti-microbial materials, process wastewater from imperfect fermentation batches, and process area spills. Discharges containing such materials
(2) Non-contact cooling water, utility wastewaters, general site surface runoff, groundwater (e.g., contaminated groundwaters from on-site or off-site groundwater remediation projects), and other non-process water generated on site. Discharges of such waters and wastewaters are not subject to the limitations and standards of this part.
(k) The term
(l) The term
(m) The term
Unless otherwise noted, self-monitoring will be conducted at the final effluent discharge point.
Any source subject to this part that introduces process wastewater pollutants into a publicly owned treatment works (POTW) must comply with 40 CFR part 403.
Permit limits and compliance monitoring are required for each regulated pollutant generated or used at a pharmaceutical manufacturing facility, except where the regulated pollutant is monitored as a surrogate parameter. Permit limits and compliance monitoring are not required for regulated pollutants that are neither used nor generated at the facility. Except for cyanide, for which an alternate monitoring requirement is established in subparts A and C of this part a determination that regulated pollutants are neither used nor generated should be based on a review of all raw materials in use, and an assessment of the process chemistry, products and by-products resulting from each of the manufacturing processes. This determination along with recommendation of any surrogate must be submitted with permit applications for approval by the permitting authority, and reconfirmed by an annual chemical analysis of wastewater from each monitoring location, and the measurement of a non-detect value for each regulated pollutant or its surrogate. Permits shall specify that such determinations will be maintained in the facility's permit records with their discharge monitoring reports and will be available to regulatory authorities upon request.
This subpart applies to discharges of process wastewater resulting from the manufacture of pharmaceutical products by fermentation.
For the purpose of this subpart:
(a) The term
(b) The term
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BPT:
(a) The average monthly effluent limitation for BOD
(1) The long-term average daily BOD
(2) To assure equity in the determination of NPDES permit limitations regulating discharges subject to this subpart, calculation of the long-term average daily BOD
(3) The practices of recovery, and/or separate disposal or reuse include: physical separation and removal of separable mycelia; recovery of solvents from waste streams; incineration of concentrated solvent wastestreams (including tar still bottoms); and concentration of broth for disposal other than to the treatment system. This part does not prohibit the inclusion of such wastes in raw waste loads in fact, nor does it mandate any specific practice, but rather describes the rationale for determining NPDES permit limitations. The effluent limitation for BOD
(b) The average monthly effluent limitation for TSS, expressed as mass loading (pounds, kilograms) per day, must be calculated as 1.7 times the BOD
(c) Except as provided in paragraph (d) of this section, the effluent limitations for COD and pH are as follows:
(d) If the average monthly COD concentrations in paragraph (c) of this section are higher than concentration values reflecting a reduction in the long-term average daily COD load in the raw (untreated) process wastewater of 74 percent multiplied by a variability factor of 2.2, then the average monthly effluent limitations for COD corresponding to the lower concentration values must be applied.
(e) The effluent limitations for cyanide are as follows:
(f) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide effluent limitations in paragraph (e) of this section must be demonstrated at in-plant monitoring points pursuant to 40 CFR 122.44(i) and 122.45(h). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
(g) Compliance with the limitation in paragraph (e) or (f) of this section may be achieved by certifying to the permit issuing authority that the facility's
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BCT: Limitations for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BAT:
(a) The effluent limitations for COD are the same as the corresponding limitations in § 439.12(c) and (d).
(b) The effluent limitations for cyanide are as follows:
(c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process
(d) Compliance with the limitation in paragraph (b) or (c) of this section may be achieved by certifying to the permit issuing authority that a facility's manufacturing processes neither use nor generate cyanide.
Any new source subject to this subpart must achieve the following performance standards:
(a) The performance standards for cyanide are as follows:
(b) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide performance standards in paragraph (a) of this section must be demonstrated at in-plant monitoring points pursuant to 40 CFR 122.44(i) and 122.45(h). Under the same provisions, the permitting authority may impose
(c) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of this section until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in §§ 439.13 and 439.14.
(d) Compliance with the standard in paragraph (a) or (b) of this section may be achieved by certifying to the permit issuing authority that the facility's manufacturing processes neither use nor generate cyanide.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart must continue to achieve compliance with cyanide pretreatment standards and achieve compliance with all the other pretreatment standards by September 21, 2001.
(a) Sources that discharge to a POTW with nitrification capability (defined at § 439.2(f)) are not required to achieve the pretreatment standard for ammonia.
(b) The pretreatment standards for cyanide are as follows:
(c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide standards in paragraph (b) of this section must be demonstrated at in-
(d) Compliance with the limitation in paragraph (b) or (c) of this section may be achieved by certifying to the permit issuing authority that the facility's manufacturing processes neither use nor generate cyanide.
Except as provided in 40 CFR 403.7, any new source subject to this subpart must achieve the following pretreatment standards:
(a) Sources that discharge to a POTW with nitrification capability (defined at § 439.2(f))are not required to achieve the pretreatment standard for ammonia.
(b) The pretreatment standards for cyanide are as follows:
(c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide standards in § 439.17(b) must be demonstrated at in-plant monitoring points pursuant to 40 CFR 403.6(e)(2) and (4). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
(d) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of this section until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in § 439.16.
(e) Compliance with the standards in paragraph (b) or (c) of this section may be achieved by certifying to the permit issuing authority that a facility's manufacturing processes neither use nor generate cyanide.
This subpart applies to discharges of process wastewater resulting from the manufacture of pharmaceutical products by extraction.
For the purpose of this subpart:
(a) The term
(b) The term
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BPT:
(a) The average monthly effluent limitation for BOD
(1) The long-term average daily BOD
(2) To assure equity in the determination of NPDES permit limitations regulating discharges subject to this subpart, calculation of the long-term average daily BOD
(3) The practices of recovery, and/or separate disposal or reuse include: physical separation and removal of separable mycelia; recovery of solvents from wastestreams; incineration of concentrated solvent wastestreams (including tar still bottoms); and broth concentration for disposal other than to the treatment system. This part does not prohibit the inclusion of such wastes in raw waste loads in fact, nor does it mandate any specific practice, but rather describes the rationale for determining NPDES permit limitations. The effluent limitation for BOD
(b) The average monthly effluent limitation for TSS, expressed as mass loading (pounds, kilograms) per day, must be calculated as 1.7 times the BOD
(c) Except as provided in paragraph (d) of this section, effluent limitations for COD and pH are as follows:
(d) If the average monthly COD concentrations in paragraph (c) of this section are higher than concentration values reflecting a reduction in the long-term average daily COD load in the raw (untreated) process wastewater of 74 percent multiplied by a variability factor of 2.2, then the average monthly effluent limitations for COD corresponding to the lower concentration values must be applied.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BCT: Limitations for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BAT: Limitations for COD are the same as the corresponding limitations in § 439.22(c) and (d).
Any new source subject to this subpart must achieve the following performance standards:
(b) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of this section, until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in §§ 439.23 and 439.24.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart must achieve the following pretreatment standards by September 21, 2001:
(a) Except as provided in 40 CFR 403.7, this subpart must achieve the following pretreatment standards:
(b) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in § 439.27, until the expiration
This subpart applies to discharges of process wastewater resulting from the manufacture of pharmaceutical products by chemical synthesis.
For the purpose of this subpart:
(a) The term
(b) The term
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BPT:
(a) The average monthly effluent limitation for BOD
(1) The long-term average daily BOD
(2) To assure equity in the determination of NPDES permit limitations regulating discharges subject to this subpart, calculation of the long-term average daily BOD
(3) The practices of recovery, and/or separate disposal or reuse include: physical separation and removal of separable mycelia; recovery of solvents from wastestreams; incineration of concentrated solvent wastestreams (including tar still bottoms); and concentration of broth for disposal other than to the treatment system. This part does not prohibit the inclusion of such wastes in raw waste loads in fact, nor does it mandate any specific practice, but rather describes the rationale for determining NPDES permit limitations. The effluent limitation for BOD
(b) The average monthly effluent limitation for TSS, expressed as mass loading (pounds, kilograms) per day, must be calculated as 1.7 times the BOD
(c) Except as provided in paragraph (d) of this section, the effluent limitations for COD and pH are as follows:
(d) If the average monthly COD concentrations in paragraph (c) of this section are higher than concentration values reflecting a reduction in the long-term average daily COD load in the raw (untreated) process wastewater of 74 percent multiplied by a variability factor of 2.2, then the average monthly effluent limitations for COD corresponding to the lower concentration values must be applied.
(e) The effluent limitations for cyanide are as follows:
(f) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide effluent limitations in § 439.32(e) must be demonstrated at in-plant monitoring points pursuant to 40 CFR 122.44(i) and 122.45(h). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
(g) Compliance with the limitation in paragraph (e) or (f) of this section may be achieved by certifying to the permit issuing authority that the facility's manufacturing processes neither use nor generate cyanide.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BCT: Limitations for BOD5, TSS and pH are the same as the corresponding limitations in § 439.32.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BAT:
(a) Effluent limitations for COD are the same as the corresponding limitations in § 439.32(c) and (d).
(b) The effluent limitations for cyanide are as follows:
(c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide effluent limitations in paragraph (a) of this section must be demonstrated at in-plant monitoring points pursuant to 40 CFR 122.44(i) and 122.45(h). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
(d) Compliance with the limitation in § 439.34(b) or (c) may be achieved by certifying to the permit issuing authority that a facility's manufacturing processes neither use nor generate cyanide.
Any new source subject to this subpart must achieve the following performance standards:
(a) The performance standards for cyanide are as follows:
(b) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide standards in paragraph (a) of this section must be demonstrated at in-plant monitoring points pursuant to 40 CFR 122.44(i) and 122.45(h). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
(c) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of this section until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in §§ 439.33 and 439.34.
(d) Compliance with the standards in paragraph (a) or (b) of this section may be achieved by certifying to the permit issuing authority that a facility's manufacturing processes neither use nor generate cyanide.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart must continue to achieve compliance with cyanide pretreatment standards and achieve compliance with all other pretreatment standards by September 21, 2001.
(a) Sources that discharge to a POTW with nitrification capability (defined at § 439.2(f)) are not required to achieve the pretreatment standard for ammonia.
(b) The pretreatment standards for cyanide are as follows:
(c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide pretreatment standards in paragraph (b) of this section must be demonstrated at in-plant monitoring points pursuant to 40 CFR 403.6(e) (2) and (4). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
(d) Compliance with the pretreatment standards in paragraph (b) or (c) of this section may be achieved by certifying to the permit issuing authority that the facility's manufacturing processes neither use nor generate cyanide.
Except as provided in 40 CFR 403.7, any new source subject to this subpart must achieve the following pretreatment standards:
(a) Sources that discharge to a POTW with nitrification capability (defined at § 439.2(f)) are not required to achieve the pretreatment standard for ammonia.
(b) The pretreatment standards for cyanide are as follows:
(c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process
(d) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of § 439.37, until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in § 439.36.
(e) Compliance with the standard in paragraph (b) or (c) of this section may be achieved by certifying to the permit issuing authority that a facility's manufacturing processes neither use nor generate cyanide.
This subpart applies to discharges of process wastewater resulting from the manufacture of pharmaceutical products by mixing, compounding and formulating operations.
For the purpose of this subpart:
(a) The term
(b) The term
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BPT:
(a) The average monthly effluent limitation for BOD
(1) The long-term average daily BOD
(2) To assure equity in the determination of NPDES permit limitations regulating discharges subject to this subpart, calculation of the long-term average daily BOD
(3) The practices of recovery, and/or separate disposal or reuse include: physical separation and removal of separable mycelia; recovery of solvents from wastestreams; incineration of concentrated solvent wastestreams (including tar still bottoms); and broth concentration for disposal other than to the treatment system. This part does not prohibit the inclusion of such wastes in raw waste loads in fact, nor does it mandate any specific practice,
(b) The average monthly effluent limitation for TSS, expressed as mass loading (pounds, kilograms) per day, must be calculated as 1.7 times the BOD
(c) Except as provided in paragraph (d) of this section, effluent limitations for COD and pH are as follows:
(d) If the average monthly COD concentrations in paragraph (c) of this section are higher than concentration values reflecting a reduction in the long-term average daily COD load in the raw (untreated) process wastewater of 74 percent multiplied by a variability factor of 2.2, then the average monthly effluent limitations for COD corresponding to the lower concentration values must be applied.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BCT: Limitations for BOD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BAT. Limitations for COD are the same as the corresponding limitations in § 439.42 (c) and (d).
(a) Any new source subject to this subpart must achieve the following performance standards:
(b) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of this section until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in § 439.43 and 439.44.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart must achieve the following pretreatment standards by September 21, 2001:
(a) Except as provided in 40 CFR 403.7, any new source subject to this subpart must achieve the following pretreatment standards:
(b) Any new source subject to the provisions of this section that commenced discharging after November 21, 1988 and prior to November 20, 1998 must continue to achieve the standards specified in the earlier version of this section, until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1), after which the source must achieve the standards specified in § 439.46.
This subpart applies to discharges of process wastewater resulting from pharmaceutical research.
For the purpose of this subpart, the term product means products or services resulting from research and product development activities.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BPT:
(a) The average monthly effluent limitation for BOD
(b) The average monthly effluent limitation for COD, expressed as mass loading (pounds, kilograms) per day, must reflect not less than 74 percent reduction in the long-term average daily COD load of the raw (untreated) process wastewater, multiplied by a variability factor of 2.2. No facility shall be required to attain a limitation for COD that is less than the equivalent of 220 mg/L.
(c) The long-term average daily BOD
(1) To assure equity in the determination of NPDES permit limitations regulating discharges subject to this subpart, calculation of the long-term average daily BOD
(2) The practices of recovery, and/or separate disposal or reuse include: recovery of solvents from wastestreams; and incineration of concentrated solvent wastestreams (including tar still bottoms). This part does not prohibit the inclusion of such wastes in raw waste loads in fact, nor does it mandate any specific practice, but rather describes the rationale for determining NPDES permit limitations. The effluent limitation for BOD
(d) The average monthly effluent limitation for TSS, expressed as mass
(e) The pH must be within the range 6.0 to 9.0.
Secs. 301, 304(b), (c) and (e), 306, 307, and 501 of the Clean Water Act (The Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977 and the Water Quality Act of 1987), (the Act), 33 U.S.C. 1311, 1314(b), (c) and (e), 1316, 1317, and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217; 101 Stat. 7, Pub. L. 100-4.
The provisions of this subpart A are applicable to discharges from (a) mines operated to obtain iron ore, regardless of the type of ore or its mode of occurrence; (b) mills beneficiating iron ores by physical (magnetic and nonmagnetic) and/or chemical separation; and (c) mills beneficiating iron ores by magnetic and physical separation in the Mesabi Range.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore shall not exceed:
(b) Except as provided in paragraph (c) of this section, the concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) and/or chemical methods to beneficiate iron ore shall not exceed:
(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mills that employ
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore shall not exceed:
(b) Except as provided in paragraph (c) of this section the concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) and/or chemical methods to beneficiate iron ore shall not exceed:
(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mills that employ magnetic and physical methods to beneficiate iron ore in the Mesabi Range. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
Except as provided in subpart L of this part, any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by applying the best available demonstrated technology (BADT):
(a) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore shall not exceed:
(b) Except as provided in paragraph (c) of this section, the concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) and/or chemical methods to beneficiate iron ore shall not exceed:
(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mills that employ magnetic and physical methods to beneficiate iron ore in the Mesabi Range. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
The provisions of this subpart B are applicable to discharges from facilities engaged in the mining of bauxite as an aluminum ore.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). The concentration of pollutants discharged in mine drainage from mines producing bauxite ores shall not exceed:
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following limitations representing the
Except as provided in subpart L of this part, any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT). The concentration of pollutants discharged in mine drainage from mines producting bauxite ores shall not exceed:
The provisions of this subpart C are applicable to discharges from (a) mines either open-pit or underground, from which uranium, radium and vanadium ores are produced; and (b) mills using the acid leach, alkaline leach, or combined acid and alkaline leach process for the extraction of uranium, radium and vanadium. Only vanadium byproduct production from uranium ores is covered under this subpart.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in mine drainage from mines, either open-pit or underground, from which uranium, radium and vanadium ores are produced excluding mines using in-situ leach methods shall not exceed:
(b) The concentrations of pollutants discharged from mills using the acid leach, alkaline leach or combined acid and alkaline leach process for the extraction of uranium, radium and vanadium including mill-mine facilities and mines using in-situ leach methods shall not exceed:
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) The concentration of pollutants discharged in mine drainage from mines, either open-pit or underground, that produce uranium ore, including mines using in-situ leach methods, shall not exceed:
Except as provided in subpart L of this part any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT):
(a) The concentration of pollutants discharged in mine drainage from mines, either open-pit or underground, that produce uranium ore, excluding mines using in situ leach methods, shall not exceed:
(b)(1) Except as provided in paragraph (b) of this section, there shall be no discharge of process wastewater to navigable waters from mills using the acid leach, alkaline leach or combined acid and alkaline leach process for the extraction of uranium or from mines and mills using in situ leach methods. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
The provisions of subpart D are applicable to discharges from (a) mines, either open-pit or underground, that produce mercury ores; and (b) mills beneficiating mercury ores by gravity separation methods or by froth-flotation methods.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in mine drainage from mines, either open-pit or underground, operated for the production of mercury ores shall not exceed the following limitations:
(b)(1) Except as provided in paragraph (b) of this section, there shall be no discharge of process wastewater to navigable waters from mills beneficiating mercury ores by gravity separation methods or by froth flotation methods. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a)(1) of this section.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
(a) The concentration of pollutants discharged in mine drainage from mines, either open pit or underground, that produce mercury ores shall not exceed:
(b)(1) Except as provided in paragraph (b) of this section, there shall be no discharge of process wastewater to navigable waters from mills beneficiating mercury ores by gravity separation methods or by froth-flotation methods. The Agency recognizes
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
Except as provided in subpart L of this part any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT):
(a) The concentration of pollutants discharged in mine drainage from mines, either open pit or underground, that produce mercury ores shall not exceed:
(b)(1) Except as provided in paragraph (b) of this section, there shall be no discharge of process wastewater to navigable waters from mills beneficiating mercury ores by gravity separation methods or by froth-flotation methods. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
The provisions of this subpart E are applicable to discharges from (a) mines obtaining titanium ores from lode deposits; (b) mills beneficiating titanium ores by electrostatic methods, magnetic and physical methods, or flotation methods; and (c) mines engaged in the dredge mining of placer deposits of sands containing rutile, ilmenite, leucoxene, monazite, zircon, and other heavy metals, and the milling techniques employed in conjunction with the dredge mining activity (milling techniques employed include the use of wet gravity methods in conjunction with electrostatic or magnetic methods).
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the
(a) The concentration of pollutants discharged in mine drainage from mines obtaining titanium ores from lode deposits shall not exceed:
(b) The concentration of pollutants discharged from mills beneficiating titanium ores by electrostatic methods, magnetic and physical methods, or flotation methods shall not exceed:
(c) The concentration of pollutants discharged in mine drainage from mines engaged in the dredge mining of placer deposits of sands containing rutile, ilmenite, leucoxene, monazite, zircon, or other heavy metals, and the milling techniques employed in conjunction with the dredge mining activity (milling techniques employed include the use of wet gravity methods in conjunction with electrostatic or magnetic methods) shall not exceed:
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) The concentration of pollutants discharged in mine drainage from mines obtaining titanium ores from lode deposits shall not exceed:
(b) The concentration of pollutants discharged from mills beneficiating titanium ores by electrostatic methods, magnetic and physical methods, or flotation methods shall not exceed:
(c) The concentration of pollutants discharged in mine drainage from mines engaged in the dredge mining of
Except as provided in subpart L of this part any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the applications of the best available demonstrated technology (BADT):
(a) The concentration of pollutants discharged in mine drainage from mines obtaining titanium ores from lode deposits shall not exceed:
(b) The concentration of pollutants discharged from mills beneficiating titanium ores by electrostatic methods, magnetic and physical methods, or flotation methods shall not exceed:
(c) The concentration of pollutants discharged in mine drainage from mines engaged in the dredge mining of placer deposits of sands containing rutile, ilmenite, leucoxene, monazite, zircon and the milling techniques employed in conjunction with the dredge mining activity (milling techniques employed include the use of wet gravity methods in conjunction wth electrostatic or magnetic methods) shall not exceed:
The provisions of this subpart F are applicable to discharges from (a) mines that produce tungsten ore and (b) mills that process tungsten ore by either the gravity separation or froth-flotation methods.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in mine drainage from mines producing 5000 metric tons (5512 short tons) or more of tungsten bearing ores per year shall not exceed:
(b) The concentration of pollutants discharged in mine drainage from mines producing less than 5000 metric tons (5512 short tons) or discharged from mills processing less than 5000 metric tons (5512 short tons) of tungsten ores per year by methods other than ore leaching shall not exceed:
(c) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of tungsten ores per year by purely physical methods including ore crushing, washing, jigging, heavy media separation, and magnetic and electrostatic separation shall not exceed:
(d) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of tungsten ores per year by froth flotation methods shall not exceed:
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) The concentration of pollutants discharged in mine drainage from tungsten mines shall not exceed:
(b) The concentration of pollutants discharged from mills shall not exceed:
Except as provided in subpart L of this part any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT):
(a) The concentration of pollutants discharged in mine drainage from tungsten mines shall not exceed:
(b) The concentration of pollutants discharged from mills shall not exceed:
The provisions of this subpart G are applicable to discharges from (a) mines that produce nickel ore and (b) mills that process nickel ore.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in mine drainage from mines producing 5000 metric tons (5512 short tons) or more of nickel bearing ores per year shall not exceed:
(b) The concentration of pollutants discharged in mine drainage from mines producing less than 5,000 metric tons (5,512 short tons) or discharged from mills processing less than 5,000 metric tons (5,512 short tons) of nickel ores per year by methods other than ore leaching shall not exceed:
(c) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of nickel ores per year by purely physical methods including ore crushing, washing, jigging, heavy media separation and magnetic and electrostatic separation shall not exceed:
(d) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of nickel ore per year by froth flotation methods shall not exceed:
The provisions of this subpart H are applicable to discharges from (a) mines that produce vanadium ore (recovered alone and not as a by-product of uranium mining and mills) and (b) mills that process vanadium ore (recovered alone, not as a byproduct of uranium mining and mills).
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the
(a) The concentration of pollutants discharged in mine drainage from mines producing 5,000 metric tons (5,512 short tons) or more of vanadium bearing ores per year shall not exceed:
(b) The concentration of pollutants discharged in mine drainage from mines producing less than 5,000 metric tons (5,512 short tons) or discharged from mills processing less than 5,000 metric tons (5,512 short tons) of vanadium ore per year by methods other than ore leaching shall not exceed:
(c) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of vanadium ores per year by purely physical methods including ore crushing, washing, jigging, heavy media separation, and magnetic and electrostatic separation shall not exceed:
(d) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of vanadium ores per year by froth flotation methods shall not exceed:
The provisions of this subpart I are applicable to discharges from (a) mines that produce antimony ore and (b) mills that process antimony ore.
(a) The provisions of this subpart J are applicable to discharges from—
(1) Mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores, or any combination of these ores from open-pit or underground operations other than placer deposits;
(2) Mills that use the froth-flotation process alone or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores, or any combination of these ores;
(3) Mines and mills that use dump, heap, in-situ leach, or vat-leach processes to extract copper from ores or ore waste materials; and
(4) Mills that use the cyanidation process to extract gold or silver.
(b) Discharge from mines or mines and mills that use gravity separation methods (including placer or dredge mining or concentrating operations, and hydraulic mining operations) to extract gold ores are regulated under subpart M.
(c) Discharge from mines (including placer or dredge mining, and hydraulic mining operations) or mines and mills that use gravity separation methods to extract silver from placer ores are not covered under this part.
(d) The provisions of this subpart shall not apply to discharges from the Quartz Hill Molybdenum Project in the Tongass National Forest, Alaska.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in mine drainage from mines operated to obtain copper bearing ores, lead bearing ores, zinc bearing ores, gold bearing ores, or silver bearing ores, or any combination of these ores open-pit or underground operations other than placer deposits shall not exceed:
(b) The concentration of pollutants discharged from mills which employ the froth flotation process alone or in conjunction with other processes, for the beneficiation of copper ores, lead ores, zinc ores, gold ores, or silver ores, or any combination of these ores shall not exceed:
(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable water from mines and mills which employ dump, heap, in situ leach or vat leach processes for the extraction of copper from ores or ore waste materials. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
(d)(1) Except as provided in paragraph (d) of this section, there shall be no discharge of process wastewater to navigable waters from mills which extract gold or silver by use of the cyanidation process. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
(e) The concentration of pollutants discharged in mine drainage from mines producing 5,000 metric tons (5,512 short tons) or more of molybdenum bearing ores per year shall not exceed:
(f) The concentration of pollutants discharged in mine drainage from mines producing less than 5,000 metric tons (5,512 short tons) or discharged from mills processing less than 5,000 metric tons (5,512 short tons) of molybdenum ores per year by methods other than ore leaching shall not exceed:
(g) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of molybdenum ores per year by purely physical methods including ore crushing, washing, jigging, heavy media separation shall not exceed:
(h) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of molybdenum ores per year by froth flotation methods shall not exceed:
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) The concentration of pollutants discharged in mine drainage from mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores or any combination of these ores from open-pit or underground operations other than placer deposits shall not exceed:
(b) The concentration of pollutants discharged from mills that use the froth-flotation process alone, or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores or any combination of these ores shall not exceed:
(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mine areas and mills processes and areas that use dump, heap, in situ leach or vat-leach processes to extract copper from ores or ore waste materials. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility
(d)(1) Except as provided in paragraph (d) of this section, there shall be no discharge of process wastewater to navigable waters from mills that use the cyanidation process to extract gold or silver. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
Except as provided in subpart L of this part any new source subject to this subsection must achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT):
(a) The concentration of pollutants discharged in mine drainage from mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores or any combination of these ores from open-pit or underground operations other than placer deposits shall not exceed:
(b)(1) Except as provided in paragraph (b) of this section, there shall be no discharge of process wastewater to navigable waters from mills that use the froth-flotation process alone, or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores or any combination of these ores. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2)(i) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
(ii) In the event there is a build up of contaminants in the recycle water which significantly interferes with the ore recovery process and this interference can not be eliminated through appropriate treatment of the recycle water, the permitting authority may
(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mine areas and mills processes and areas that use dump, heap, in-situ leach or vat-leach processes to extract copper from ores or ore waste materials. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
(d)(1) Except as provided in paragraph (d) of this section, there shall be no discharge of process wastewater to navigable waters from mills that use the cyanidation process to extract gold or silver. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982.
(2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section.
Paragraph (b)(2)(ii) of § 440.104 published at 47 FR 54609, Dec. 3, 1982, contains information collection requirements which will not become effective until Office of Management and Budget approval has been obtained.
The provisions of this subpart K are applicable to discharges from (a) mines that produce platinum ore and (b) mills that process platinum ore.
Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) The concentration of pollutants discharged in mine drainage from mines that produce platinum bearing ores from open-pit or underground operations other than placer deposits shall not exceed:
(b) The concentration of pollutants discharged from mills that use the froth-flotation process alone, or in conjunction with other processes, for the beneficiation of platinum ores shall not exceed:
Abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to part 440 except as provided in these general provisions and definitions. The general provisions and definitions in this subpart apply to all subparts of part 440 unless otherwise noted.
(a)
(b)
(1) The facility is designed, constructed and maintained to contain the maximum volume of wastewater which would be generated by the facility during a 24-hour period without an increase in volume from precipitation and the maximum volume of wastewater resulting from a 10-year, 24-hour precipitation event or treat the maximum flow associated with these volumes. In computing the maximum volume of wastewater which would result from a 10-year, 24-hour precipitation event, the facility must include the volume which would result from all areas contributing runoff to the individual treatment facility, i.e., all runoff that is not diverted from the active mining area and runoff which is not diverted from the mill area.
(2) The facility takes all reasonable steps to maintain treatment of the wastewater and minimize the amount of overflow.
(3) The facility complies with the notification requirements of § 122.60 (g)
(c)
(1) The facility is designed, constructed, and maintained to contain the maximum volume of wastewater stored and contained by the facility during normal operating conditions without an increase in volume from precipitation and the maximum volume of wastewater resulting from a 10-year, 24-hour precipitation event. In computing the maximum volume of wastewater which would result from a 10-year, 24-hour precipitation event, the facility must include the volume which would result from all areas contributing runoff to the individual treatment facility, i.e., all runoff that is not diverted from the area or process subject to zero discharge, and other runoff that is allowed to commingle with the influent to the treatment system.
(2) The facility takes all reasonable steps to minimize the overflow or excess discharge.
(3) The facility complies with the notification requirements of § 122.60(g) and (h). The storm exemption is designed to provide an affirmative defense to an enforcement action. Therefore, the operator has the burden of demonstrating to the appropriate authority that the above conditions have been met.
(d)
(2) In the case of a discharge into natural receiving waters for which the pH, if unaltered by human activities, is or would be less than 6.0 and approved water quality standards authorize such lower pH, the pH limitations for the discharge may be adjusted downward to the pH water quality criterion for the receiving waters provided the other effluent limitations for the discharge are met. In no case shall a pH limitation below 5.0 be permitted.
(e)
(a) “Active mining area” is a place where work or other activity related to the extraction, removal, or recovery of metal ore is being conducted, except, with respect to surface mines, any area of land on or in which grading has been completed to return the earth to desired contour and reclamation work has begun.
(b) “Annual precipitation” and “annual evaporation” are the mean annual precipitation and mean annual lake evaporation, respectively, as established by the U.S. Department of Commerce, Environmental Science Services Administration, Environmental Data Services, or equivalent regional rainfall and evaporation data.
(c) “Appropriate treatment of the recycle water” in subpart J, § 440.104 includes, but is not limited to pH adjustment, settling and pH adjustment, settling, and mixed media filtration.
(d) “Groundwater infiltration” in § 440.131 means that water which enters the treatment facility as a result of the interception of natural springs, aquifers, or run-off which percolates into the ground and seeps into the treatment facility's tailings pond or
(e) “In-situ leach methods” means the processes involving the purposeful introduction of suitable leaching solutions into a uranium ore body to dissolve the valuable minerals in place and the purposeful leaching of uranium ore in a static or semistatic condition either by gravity through an open pile, or by flooding a confined ore pile. It does not include the natural dissolution of uranium by ground waters, the incidental leaching of uranium by mine drainage, nor the rehabilitation of aquifiers and the monitoring of these aquifiers.
(f) “Mill” is a preparation facility within which the metal ore is cleaned, concentrated, or otherwise processed before it is shipped to the customer, refiner, smelter, or manufacturer. A mill includes all ancillary operations and structures necessary to clean, concentrate, or otherwise process metal ore, such as ore and gangue storage areas and loading facilities.
(g) “Mine” is an active mining area, including all land and property placed under, or above the surface of such land, used in or resulting from the work of extracting metal ore or minerals from their natural deposits by any means or method, including secondary recovery of metal ore from refuse or other storage piles, wastes, or rock dumps and mill tailings derived from the mining, cleaning, or concentration of metal ores.
(h) “Mine drainage” means any water drained, pumped, or siphoned from a mine.
(i) “Ten (10)-year, 24-hour precipitation event” is the maximum 24-hour precipitation event with a probable recurrence interval of once in 10 years as established by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, or equivalent regional or rainfall probability information.
(j) “U” (Uranium) is measured by the procedure discussed in 40 CFR 141.25(b)(2), or an equivalent method.
(a) The provisions of this subpart M are applicable to discharges from—
(1) Mines and dredges that produce gold or gold bearing ores from placer deposits; and
(2) The beneficiation processes which use gravity separation methods for recovering gold from placer deposits.
(b) The provisions of this subpart M are not applicable to any mines or beneficiation processes which process less than 1500 cubic yards (cu yd) of ore per year, or to dredges which process less than 50,000 cu yd of ore per year, or to dredges located in open waters (i.e., open bays, marine waters, or major rivers).
For the purpose of this subpart M, the general definitions, abbreviations, methods of analysis, and general provisions set forth in 40 CFR part 401 shall apply except as superseded by those below. The general provisions and definitions set forth in 40 CFR part 440, subpart L, shall not apply to this subpart.
(a)
(1) “Beneficiation area” means the area of land used to stockpile ore immediately before the beneficiation process, the area of land used for the beneficiation process, the area of land used to stockpile the tailings immediately after the beneficiation process, and the area of land from the stockpiled tailings to the treatment system (e.g., holding pond or settling pond, and the area of the treatment system).
(2) “Beneficiation process” means the dressing or processing of gold bearing ores for the purpose of—
(i) Regulating the size of, or recovering, the ore or product,
(ii) Removing unwanted constituents from the ore, and
(iii) Improving the quality, purity, or assay grade of a desired product.
(3) “Drainage water” means incidental surface waters from diverse sources such as rainfall, snow melt or permafrost melt.
(4) “Dredge” means a self-contained combination of an elevating excavator (e.g., bucket line dredge), the beneficiation or gold-concentrating plant, and a tailings disposal plant, all mounted on a floating barge.
(5) “Five (5) year, 6-hour precipitation event” means the maximum 6-hour precipitation event with a probable recurrence interval of once in 5 years as established by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, or equivalent regional or rainfall probability information.
(6) “Gravity separation methods” means the treatment of mineral particles which exploits differences between their specific gravities. The separation is usually performed by means of sluices, jigs, classifiers, spirals, hydrocyclones, or shaking tables.
(7) “Infiltration water” means that water which permeates through the earth into the plant site.
(8) “Mine” means a place where work or other activity related to the extraction or recovery of ore is performed.
(9) “Mine area” means the land area from which overburden is stripped and ore is removed prior to moving the ore to the beneficiation area.
(10) “Mine drainage” means any water drained, pumped or siphoned from a mine.
(11) “New water” means water from any discrete source such as a river, creek, lake or well which is deliberately allowed or brought into the plant site.
(12) “Open cut mine” means any form of recovery of ore from the earth except by a dredge.
(13) “Ore” means gold placer deposit consisting of metallic gold-bearing gravels, which may be: residual, from weathering of rocks in-situ; river gravels in active streams; river gravels in abandoned and often buried channels; alluvial fans; sea-beaches; and sea-beaches now elevated and inland. Ore is the raw “bank run” material measured in place, before being moved by mechanical or hydraulic means to a beneficiation process.
(14) “Permit area” means the area of land specified or referred to in an NPDES permit in which active mining and related activities may occur that result in the discharge regulated under the terms of the permit. Usually this is specifically delineated in an NPDES permit or permit application, but in other cases may be ascertainable from an Alaska Tri-agency permit application or similar document specifying the mine location, mining plan and similar data.
(15) “Plant site” means the area occupied by the mine, necessary haulage ways from the mine to the beneficiation process, the beneficiation area, the area occupied by the wastewater treatment facilities and the storage areas for waste materials and solids removed from the wastewaters during treatment.
(16) “Process wastewater” means all water used in and resulting from the beneficiation process, including but not limited to the water used to move the ore to and through the beneficiation process, the water used to aid in classification, and the water used in gravity separation, mine drainage, and infiltration and drainage waters which commingle with mine drainage or waters resulting from the beneficiation process.
(17) “Settleable solids” means the particulate material (both organic or inorganic) which will settle in one hour expressed in milliliters per liter (ml/l) as determined using an Imhoff cone and the method described for Residue—Settleable in 40 CFR part 136.
(b)
(1) The treatment system is designed, constructed, and maintained to contain the maximum volume of untreated
(2) The operator takes all reasonable steps to maintain treatment of the wastewater and minimize the amount of overflow.
(3) The source is in compliance with the BMP in § 140.148 and related provisions of its NPDES permit.
(4) The operator complies with the notification requirements of § 122.41 (m) and (n) of this title. The storm exemption is designed to provide an affirmative defense to an enforcement action. Therefore, the operator has the burden of demonstrating to the appropriate authority that the above conditions have been met.
Except as provided in 40 CFR 125.30—125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The concentration of pollutants discharged in process wastewater from an open-cut mine plant site shall not exceed:
(b) The concentration of pollutants discharged in process wastewater from a dredge plant site shall not exceed:
Except as provided in 40 CFR 125.30-125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
(a) The volume of process wastewater which may be discharged from an open-cut mine plant site shall not exceed the volume of infiltration, drainage and mine drainage waters which is in excess of the make up water required for operation of the beneficiation process. The concentration of pollutants in process wastewaters discharged from an open-cut mine plant site shall not exceed:
(b) The volume of process wastewater which may be discharged from a dredge plant site shall not exceed the volume of infiltration, drainage and mine drainage waters which is in excess of the make up water required for operation of the beneficiation process. The concentration of pollutants in process wastewater discharged from a dredge plant site shall not exceed:
Any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the application
(a) The volume of process wastewater which may be discharged from an open-cut mine plant site shall not exceed the volume of infiltration, drainage and mine drainage waters which is in excess of the make up water required for operation of the beneficiation process. The concentration of pollutants in process wastewaters discharged from an open-cut mine plant site shall not exceed:
(b) The volume of process wastewater which may be discharged from a dredge plant site shall not exceed the volume of infiltration, drainage and mine drainage waters which is in excess of the make up water required for operation of the beneficiation process. The concentration of pollutants in process wastewater discharged from a dredge plant site shall not exceed:
(c) Notwithstanding any other provision of this chapter, the Regional Administrator or Director of a State agency with authority to administer the NPDES program shall in designating new source gold placer mines, take into account and base the decision on whether one or more of the following factors has occurred after May 24, 1988.
(1) The mine will operate outside of the permit area which is covered by a currently valid NPDES Permit.
(2) The mine significantly alters the nature or quantity of pollutants discharged.
(3) The mine discharges into a stream into which it has not discharged under its currently valid NPDES permit.
(4) The mine will operate in a permit area that has not been mined during the term of the currently valid NPDES permit.
(5) Such other factors as the Regional Administrator or state Director deems relevant.
The following best management practices are specific requirements which shall be included in each NPDES permit for all mining operations regulated under this subpart to the greatest extent applicable in each such mining operation.
(a)
(b)
(c)
(d)
(e)
Secs. 301, 304 (b) and (c), 306 (b) and (c) and 307(c), Federal Water Pollution Control Act, as amended (the Act); 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317(c), 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the production of asphalt paving and roofing emulsions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “production area size” shall mean that area in which the oxidation towers, loading facilities, and all buildings that house product processes are located.
(c) The term “process wastewater pollutants” shall mean any pollutants present in the process wastewaters and rainwater runoff.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a
The provisions of this subpart are applicable to discharges resulting from the production of asphalt concrete.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “process wastewater” shall mean any water which, during the manufacturing process, comes into direct contact with any raw material, intermediate product, by-product, or product used in or resulting from the production of paving asphalt concrete.
(c) The term “process wastewater pollutants” shall mean any pollutants present in the process wastewater.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process wastewater pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process wastewater pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
The provisions of this subpart are applicable to discharges resulting from
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “process wastewater” shall mean any water which, during the manufacturing process, comes into direct contact with any raw material, intermediate product, by-product, or product used in or resulting from the production of asphalt roofing materials.
(c) The term “process wastewater pollutants” shall mean any pollutants present in the process wastewater.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
The provisions of this subpart are applicable to discharges resulting from the production of Linoleum and Printed Asphalt Felt floor coverings.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “process wastewater” shall mean any water which, during the manufacturing process, comes into direct contact with any raw material, intermediate product, by-product, or product used in or resulting from the production of linoleum and printed asphalt felt floor coverings.
(c) The term “process wastewater pollutants” shall mean any pollutants present in the process wastewater.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Secs. 301, 304(b) and (c), 306(b) and (c) and 307(c), Federal Water Pollution Control Act, as amended (the Act); 33 U.S.C. 1251, 1311, 1314(b) and (c), 1316(b) and (c) and 1317(c); 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the production of oil-base paint where the tank cleaning is performed using solvents. When a plant is subject to effluent limitations covering more than one subcategory the discharge limitation shall be the aggregate of the limitations applicable to the total production covered in each subcategory.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart: There shall be no discharge of process water pollutants to a publicly owned treatment works.
Secs. 301, 304 (b) and (c), 306 (b) and (c) and 307(c), Federal Water Pollution Control Act, as amended (the Act); 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c) and 1317(c); 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the production of oil-base ink where the tank washing system uses solvents. When a plant is subject to effluent limitations covering more than one subcategory the discharge limitation shall be the aggregate of the limitations applicable to the total production covered in each subcategory.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart: There shall be no discharge of process water pollutants to a publicly owned treatment works.
Secs. 301, 304(b) and (c), 306(b), 307(b) and (c), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, 1311, 1314(b) and (c), 1316(b) and 1317(b) and (c), 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the production of char and charcoal briquets.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean char and charcoal briquets.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of char and charcoal briquets by a point source subject to the provisions of this paragraph after application of the best practicable control technology currently available: There shall be no discharge of process wastewater pollutants to navigable waters.
The provisions of this subpart are applicable to discharges resulting from the manufacture of gum rosin and turpentine.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “product” shall mean gum rosin and turpentine.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of gum rosin and turpentine by a point source
The provisions of this subpart are applicable to discharges resulting from the manufacture of wood rosin, turpentine and pine oil subcategory.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “product” shall mean products from wood rosin, turpentine and pine oil.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of wood rosin, turpentine and pine oil by a point source subject to the provisions of this paragraph after application of the best practicable control technology currently available:
The provisions of this subpart are applicable to discharges resulting from the manufacture of tall oil rosin, pitch and fatty acids.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “product” shall mean tall oil rosin, pitch and fatty acids.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of tall
The provisions of this subpart are applicable to discharges resulting from the manufacture of essential oils.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “product” shall mean essential oils.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of essential oils by a point source subject to the provisions of this paragraph after application of the best practicable control technology currently available:
The provisions of this subpart are applicable to discharges resulting from the manufacture of rosin-based derivatives.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “product” shall mean rosin-based derivatives.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of rosin-based derivatives by a point source subject to the provisions of this paragraph after application of the best
Secs. 301, 304, 306, 307, and 501, Pub. L. 92-500, 86 Stat. 816, Pub. L. 95-217, 91 Stat. 156, and Pub. L. 100-4 (33 U.S.C. 1311, 1314, 1316, 1317, and 1361).
As used in this part:
(a)(1)
(b)
(c)
(d)
(e) Except as provided in this regulation, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this part.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
All discharges subject to pretreatment standards for existing sources (PSES) in subparts A and B of this part must comply with the standards no later than September 28, 1993.
(a) For the purpose of calculating and applying effluent limitations for COD, BOD
(b) For the purpose of calculating BPT effluent limitations for organic Pesticide chemicals, the provisions of this subpart are applicable to discharges resulting from the manufacture of the following organic active ingredients: Aldrin, BHC, Captan, Chlordane, DDD, DDE, DDT, Dichloran, Dieldrin, Endosulfan, Endrin, Heptachlor, Lindane, Methoxychlor, Mirex, PCNB, Toxaphene, Trifluralin, Azinphos Methyl, Demeton-O, Demeton-S, Diazinon, Disulfoton, Malathion, Parathion Methyl, Parathion Ethyl, Aminocarb, Carbaryl, Methiocarb, Mexacarbate, Propoxur, Barban, Chlorpropham, Diuron, Fenuron, Fenuron-TCA, Linuron, Monuron, Monuron-TCA, Neubron, Propham, Swep, 2,4-D, Dicamba, Silvex, 2,4,5-T, Siduron, Perthane, and Dicofol.
(c) The intermediates used to manufacture the active ingredients and active ingredients used solely in experimental pesticides are excluded from coverage in this subpart. Insecticidal pathogenic organisms such as Bacillus thuringiensis, insect growth hormones, plant extracts such as pyrethrins; sex attractants and botanicals such as Rotenone are also excluded from BPT coverage in this subpart.
(d) A plant that manufactures a pesticide active ingredient listed in Table 1 of this part must comply with the BAT effluent limitations and new source performance and pretreatment standards for that pesticide active ingredient listed in table 2 (BAT and PSES) or Table 3 of this part (NSPS and PSNS). A plant that manufactures a pesticide active ingredient listed in Table 1 of this part must also comply with the BAT effluent limitations and new source performance and pretreatment standards for priority pollutants listed in Tables 4, 5 and 6 of this part. The limitations in Table 4 of this part (BAT and NSPS) are applicable to existing and new direct discharge point sources that use End-of-Pipe biological treatment. The limitations in Table 5 of this part (BAT and NSPS) are applicable to existing and new direct discharge point sources that do not use end-of-pipe biological treatment. The limitations in Table 6 of this part (PSES and PSNS) are applicable to existing and new sources that discharge to Publicly Owned Treatment Works.
(e) In the case of lead and total cyanide, the discharge quantity (mass) shall be determined by multiplying the concentrations listed in the applicable tables in this subpart times the flow from non-complexed lead-bearing waste streams for lead and times the flow from non-complexed cyanide-bearing waste streams for total cyanide. Discharges of cyanide in cyanide-bearing waste streams are not subject to the cyanide limitation and standards of this subpart if the permit writer or control authority determines that the cyanide limitations and standards are not achievable due to elevated levels of non-amenable cyanide (i.e., cyanide that is not oxidized by chlorine treatment) that result from the unavoidable complexing of cyanide at the process source of the cyanide-bearing waste stream and establishes an alternative total cyanide or amenable cyanide limitation that reflects the best available technology economically achievable.
(a)
(b)
(c)
(d)
(e)
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). The following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the manufacture of organic active ingredient:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology as specified in 40 CFR 455.20(d). For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multipying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21 (d) times the concentrations listed in table 4 or table 5 of this part, as appropriate, of this subpart.
(a) Any new source subject to this subpart which discharges process wastewater pollutants must achieve the new source performance standards specified in 40 CFR 455.20(d), and subject to 455.20(a), must meet the following standards for BOD
(b) For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in table 4 or table 5 of this part, as appropriate, of this subpart.
Except as provided in 40 CFR 403.7, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources (PSES) as specified in 40 CFR 455.20(d). For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in Table 6 of this part. If mass limitations have not been developed as required, the source shall achieve discharges not exceeding the concentration limitations listed in Table 6 of this part.
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the pretreatment standards for new sources (PSNS) as specified in 40
The provisions of this subpart are applicable to discharges resulting from the manufacture of metallo-organic active ingredients containing mercury, cadmium, arsenic, or copper. The manufacture of intermediates used to manufacture the active ingredients are excluded from coverage by this subpart.
(a) “Metallo-organic active ingredients” means carbon containing active ingredients containing one or more metallic atoms in the structure.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). The following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the manufacture of metallo-organic active ingredient: There shall be no discharge of process waste water pollutants to navigable waters.
(a) The provisions of this subpart are applicable to discharges resulting from all pesticide formulating, packaging and repackaging operations except as provided in paragraphs (b), (c), (d), (e) and (f) of this section.
(b) The provisions of this subpart do not apply to repackaging of agricultural pesticides performed at refilling establishments, as described in § 455.60.
(c) The provisions of this subpart do not apply to wastewater discharges from: the operation of employee showers and laundry facilities; the testing of fire protection equipment; the testing and emergency operation of safety showers and eye washes; storm water; Department of Transportation (DOT) aerosol leak test bath water from non-continuous overflow baths (batch baths) where no cans have burst from the time of the last water change-out; and on-site laboratories from cleaning analytical equipment and glassware and rinsing the retain sample container (except for the initial rinse of the retain sample container which is
(d) The provisions of this subpart do not apply to wastewater discharges from the formulation, packaging and/or repackaging of sanitizer products (including pool chemicals); microorganisms; inorganic wastewater treatment chemicals; group 1 mixtures and group 2 mixtures, as defined under § 455.10.
(e) The provisions of this subpart do not apply to wastewater discharges from the development of new formulations of pesticide products and the associated efficacy and field testing at on-site or stand-alone research and development laboratories where the resulting pesticide product is not produced for sale.
(f) The provisions of this subpart do not apply to wastewater discharges from the formulation, packaging and/or repackaging of liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in Section 201 of the Federal Food, Drug and Cosmetic Act and in Section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act.
(a)
(1) Lists and describes those product families, process lines and/or process units for which the PFPR facility is implementing the Pollution Prevention Alternative (“P2 Alternative”);
(2) Describes the PFPR facility specific practices for each product family/process line/process unit which are to be practiced as part of the P2 Alternative;
(3) Describes any justification allowing modification to the practices listed in Table 8 to this part 455; and
(4) Lists the treatment system being used to obtain a P2 allowable discharge (as defined in 455.41).
(b)
(c)
(1) Lists and describes those product families, process lines and/or process units for which the facility is implementing the P2 Alternative;
(2) Describes the facility specific practices for each product family/process line/process unit which are to be practiced as part of the P2 Alternative;
(3) Describes any justification allowing modification to the practices listed in Table 8 to this part 455;
(4) Includes a written discussion demonstrating that the treatment system being used contains the appropriate pollution control technologies (or equivalent systems/pesticide manufacturing systems) for removing the PAIs which may be found in the wastewater;
(5) Establishes a method for demonstrating to the permitting/control authority that the treatment system is well operated and maintained; and
(6) Includes a discussion of the rationale for choosing the method of demonstration.
(d) For Indirect Dischargers:
(e) For Direct Dischargers:
(f)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
(a) Except as provided in paragraph (b) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the formulation, packaging or repackaging of pesticides: There shall be no discharge of process wastewater pollutants to navigable waters.
For existing PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of § 455.22 or § 455.32, “zero discharge” means that permitting authorities shall provide no additional discharge allowance for those pesticide active ingredients (PAIs) in the pesticide formulating, packaging and repackaging wastewaters when those PAIs are also manufactured at the same facility.
(b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:
(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this Part 455);
(2) The discharger will notify its NPDES permit writer at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in § 455.41(a);
(3) The discharger will submit to its NPDES permitting authority a periodic certification statements as described in § 455.41(b) once each year of operation; and
(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in § 455.41(c).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology.
(a) Except as provided in paragraph (b) of this section, the BCT limitations are established as follows: There shall be no discharge of process wastewater pollutants to navigable waters.
For existing PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of §§ 455.23,
(b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:
(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this Part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this Part 455);
(2) The discharger will notify its NPDES permit writer at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in § 455.41(a);
(3) The discharger will submit to its NPDES permitting authority a periodic certification statement as described in § 455.41(b) once each year of operation; and
(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in § 455.41(c).
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology (BAT).
(a) Except as provided in paragraph (b) of this section, the BAT limitations are established as follows: There shall be no discharge of process wastewater pollutants to navigable waters.
For existing PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of §§ 455.24,
(b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:
(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this Part 455 (or received a modification by Best Professional Judgement for modifications not listed on Table 8 of this Part 455);
(2) The discharger will notify its NPDES permitting authority at the time of renewal or modification of its
(3) The discharger will submit to its NPDES permit writer a periodic certification statement as described in § 455.41(b) once each year of operation; and
(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in § 455.41(c).
(a) Any new source, except as provided in paragraph (b) of this section, subject to this subpart which discharges process wastewater must meet the following standards: There shall be no discharge of process wastewater pollutants to navigable waters.
For new PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of §§ 455.25,
(b) Any new source subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:
(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this Part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this Part 455);
(2) The discharger will notify its NPDES permit writer at the time of submitting its application for a permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in § 455.41(a);
(3) The discharger will submit to its NPDES permitting authority a periodic certification statement as described in § 455.41(b) once each year of operation; and
(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in § 455.41(c).
(a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph (b) of this section, no later than November 6, 1999, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve PSES as follows: There shall be no discharge of process wastewater pollutants.
(b) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to paragraph (a) of this section which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may have a pollution prevention allowable discharge of wastewater pollutants, as defined in § 455.41(d), if the discharger agrees to control mechanism or pretreatment agreement conditions as follows:
(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this Part 455 (or received a modification by Best Engineering Judgement for modifications not listed in Table 8 to this Part 455);
(2) The discharger will notify its local Control Authority at the time of renewing or modifying its individual control mechanism or pretreatment agreement of its intent to utilize the Pollution Prevention Alternative by submitting to the local Control Authority an initial certification statement as described in § 455.41(a);
(3) The discharger will submit to its local Control Authority a periodic certification statement as described in § 455.41(b) during the months of June and December of each year of operation; and
(4) The discharger will maintain at the offices of the facility and make available for inspection the on-site
(c) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to § 455.46(b) which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may submit a request to its Control Authority to waive pretreatment of: floor wash; and/or a non-reusable final rinse of a triple rinse, if the concentrations of pesticide active ingredients and priority pollutants in those wastewater sources have been demonstrated to be too low to be effectively pretreated at the facility. The Control Authority may waive pretreatment for these two wastewaters only if the existing source makes the demonstrations and is in compliance with 40 CFR 403.5.
(a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph (b) of this section, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve PSNS as follows: There shall be no discharge of process wastewater pollutants.
(b) Except as provided in 40 CFR 403.7 and 403.13, any new source subject to paragraph (a) of this section which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may have a pollution prevention allowable discharge of wastewater pollutants, as defined in § 455.41(d), if the discharger agrees to control mechanism or pretreatment agreement conditions as follows:
(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this Part 455 (or received a modification by Best Engineering Judgement for modifications not listed in Table 8 to this Part 455);
(2) The discharger will notify its local Control Authority at the time of submitting its application for an individual control mechanism or pretreatment agreement of its intent to utilize the Pollution Prevention Alternative by submitting to the local Control Authority an initial certification statement as described in § 455.41(a);
(3) The discharger will submit to its local Control Authority a periodic certification statement as described in § 455.41(b) during the months of June and December of each year of operation; and
(4) The discharger will maintain at the offices of the facility and make available for inspection the on-site compliance paperwork as described in § 455.41(c).
(c) Except as provided in 40 CFR 403.7 and 403.13, any new source subject to paragraph (b) of this section which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may submit a request to its Control Authority to waive pretreatment of: floor wash; and/or a non-reusable final rinse of a triple rinse, if the concentrations of pesticide active ingredients and priority pollutants in those wastewater sources have been demonstrated to be too low to be effectively pretreated at the facility. The Control Authority may waive pretreatment for these two wastewaters only if the new source makes the demonstrations and is in compliance with 40 CFR 403.5.
The pesticide active ingredients to which this regulation applies and for which effluent limitations guidelines and standards are specified in this part are named, together with the Chemical Abstracts Service (CAS) number (provided to assist in identifying the pesticide active ingredient only) and analytical method(s) designation(s) in table 7 of this part. Except as provided in 40 CFR 136.5, the discharge parameter values required under the Clean Water Act must be determined by one of the analytical methods cited and described in table 7 of this part. Pesticide manufacturers may not use the analytical method cited in table 1B, table 1C,
(a) The provisions of this subpart are applicable to discharges resulting from all repackaging of agricultural pesticides performed by refilling establishments, as defined in § 455.10; whose primary business is wholesale or retail sales; and where no pesticide manufacturing, formulating or packaging occurs, except as provided in paragraphs (b), (c) and (d) of this section.
(b) The provisions of this subpart do not apply to wastewater discharges from custom application or custom blending, as defined in 40 CFR 167.3.
(c) The provisions of this subpart do not apply to wastewater discharges from: the operation of employee showers and laundry facilities; the testing of fire protection equipment; the testing and emergency operation of safety showers and eye washes; or storm water.
(d) The provisions of this subpart do not apply to wastewater discharges from the repackaging of microorganisms or Group 1 Mixtures, as defined under § 455.10, or non-agricultural pesticide products.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology: There shall be no discharge of process wastewater pollutants.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollution control technology: There shall be no discharge of process wastewater pollutants.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve effluent limitations representing the degree of effluent reduction attainable by the application of
Any new source subject to this subpart which discharges process wastewater pollutants must meet the following standards: There shall be no discharge of process wastewater pollutants.
Except as provided in 40 CFR 403.7 and 403.13, no later than November 6, 1999 subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources as follows: There shall be no discharge of process wastewater pollutants.
Except as provided in 40 CFR 403.7 and 403.13, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources as follows: There shall be no discharge of process wastewater pollutants.
A modification to the list of practices on this table that an individual facility must comply with to be eligible for the pollution prevention alternative is allowed with acceptable justification as listed on this table as approved by the permit writer or control authority (using BPJ/BEJ) after submittal by the facility of a request for modification. A modification, for purposes of this table, means that a facility would no longer have to perform a listed practice or would need to comply with a modified practice. However, the modification only applies to the specific practice for which the modification has been justified and to no other listed practices. Facilities are required to thoroughly discuss all modifications in the on-site compliance paperwork as described above in the limitations and standards (§ 455.41(c)).
1. Must use water conservation practices. These practices may include, but are not limited to using: spray nozzles or flow reduction devices on hoses, low volume/high pressure rinsing equipment, floor scrubbing machines, mop(s) and bucket(s), and counter current staged drum rinsing stations.
2. Must practice good housekeeping:
(a) Perform preventative maintenance on all valves and fittings and repair leaky valves and fittings in a timely manner;
(b) Use drip pans under any valves or fittings where hoses or lines are routinely connected and disconnected, collect for reuse when possible; and
(c) Perform quick cleanup of leaks and spills in outdoor bulk storage or process areas.
3. Must sweep or vacuum dry production areas prior to rinsing with water.
4. Must clean interiors of dry formulation equipment with dry carrier prior to any water rinse. The carrier material must be stored and reused in future formulation of the same or compatible product or properly disposed of as solid waste.
5. If operating continuous overflow Department of Transportation (DOT) aerosol leak test baths—>
Must operate with some recirculation.
6. If operating air pollution control wet scrubbers—>
Must operate as recirculating scrubbers (periodic blowdown is allowed as needed).
7. When performing rinsing of raw material drums, storage drums, and/or shipping containers that contained liquid PAI(s) and/or inert ingredients for the formulation of water-based products—>
Must reuse the drum/shipping container rinsate DIRECTLY into the formulation at the time of formulation; or store for use in future formulation of same or compatible product; or use a staged drum rinsing station (counter current rinsing).
8. When performing rinsing of raw material drums, storage drums, and/or shipping containers that contained liquid PAI(s) and/or inert ingredients for the formulation of solvent-based products—>
Must reuse the drum/shipping container rinsate DIRECTLY into the formulation at the time of formulation or store for use in future formulation of same or compatible product.
(a) The drum/shipping container holds inert ingredient(s) only and: (1) The facility can demonstrate that, after using water conservation practices, the large concentration of inert ingredient in the formulation creates more volume than could feasibly be reused; or (2) the facility can demonstrate that the concentration of the inert in the formulation is so small that the reuse would cause a formulation to exceed the ranges allowed in the Confidential Statement of Formula (CSF) (40 CFR 158.155);
(b) Drums/shipping containers are going to a drum refurbisher/recycler who will only accept drums rinsed with water.]
9. Must dedicate PFPR production equipment by water-based versus solvent-based products. Dedicated solvent-based or water-based equipment may be used on a non-routine basis for non-dedicated operations; however the facility may not discharge the solvent/aqueous changeover rinsate as part of their P2 allowable discharge (i.e., the facility must achieve zero discharge of those process wastewater pollutants).
10. Must store the rinsate from interior rinsing (does not include drum/shipping container rinsate) for reuse in future formulation of same or compatible product.
(a) Facility has evidence of biological growth or other product deterioration over a typical storage period;
(b) Facility has space limitations, BUT must still store rinsates for most frequently produced products;
(c) Manufacturer (or formulator contracting for toll formulating) has directed otherwise (i.e., send back to them or send for off-site disposal);
(d) Facility is dropping registration or production of the formulation and there is no compatible formulation for reuse of the rinsates or facility can provide reasonable explanation of why it does not anticipate formulation of same or compatible formulation within the next 12 months;
(e) Facility only performs packaging of the pesticide product from which interior rinsate is generated; or
(f) Facility has demonstrated that it must use a detergent to clean the equipment.]
This table contains those pollutant control technologies, such as hydrolysis, chemical oxidation, precipitation and activated carbon adsorption, which have been used for estimating compliance costs on a PAI specific basis. In general, these treatment technologies have been determined to be effective in treating pesticide containing wastewaters in literature, in bench or pilot scale treatability studies or in the Pesticide Manufacturing effluent guidelines. These are the same technologies that are presented as part of the Universal Treatment System. However, these technologies are PAI specific and may need to be used in conjunction with one another to provide treatment for all PAIs used at a facility over a period of time. In addition, facilities may experience difficulties treating wastewaters that contain emulsions, therefore, “appropriate” treatment for emulsified wastewaters must include an emulsion breaking step. For PAIs whose technology is listed as “Pollution Prevention”, the permitting authority/control authority can determine if additional treatment is necessary through best professional judgement/best engineering judgement, respectively.
Secs. 301, 304(b) and (c), 306(b), 307(b) and (c), Federal Water Pollution Control Acts, as amended (33 U.S.C. 1251, 1311, 1314(b) and (c), 1316(b) and 1317(b) and (c), 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the production of explosives.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term “product” shall mean dynamite, nitroglycerin, cyclotrimethylene trinitramine (RDX), cyclotetramethylene tetranitramine (HMX), and trinitrotoluene (TNT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the manufacture of explosives by a point source subject to the provisions of this paragraph after application of the best practical control technology currently available:
The provisions of this subpart are applicable to discharges resulting from explosives load, assemble and pack plants.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and
(b) The term “product” shall mean products from plants which blend explosives and market a final product, and plants that fill shells and blasting caps. Examples of such installations would be plants manufacturing ammonium nitrate and fuel oil (ANFO), nitrocarbonitrate (NCN), slurries, water gels, and shells.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the explosives load, assemble and pack plants by a point source subject to the provisions of this paragraph after application of the best practical control technology currently available:
Secs. 301, 304 (b) and (c), 306(b), 307 (b) and (c), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316(b) and 1317 (b) and (c), 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the production of carbon black by the furnace process.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean carbon black manufactured by the furnace process.
(c) The term “process waste water” shall mean waters which result from baghouse operations or thermal quench operations.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the carbon black furnace process by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the carbon black furnace process by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
The provisions of this subpart are applicable to discharges resulting from the production of carbon black by the thermal process.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean carbon black manufactured by the thermal process.
(c) The term “process waste water” shall mean waters which result from baghouse operations or thermal quench operations.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants into navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph which may be discharged from the carbon black thermal process by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the carbon black thermal process by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
The provisions of this subpart are applicable to discharges resulting from the production of carbon black by the channel process.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean carbon black manufactured by the channel process.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants into navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the carbon black channel process by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: There shall be no discharge of process waste water pollutants to navigable waters.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the carbon black channel process by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
The provisions of this subpart are applicable to discharges resulting from the production of carbon black by the lamp process.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean carbon black manufactured by the lamp process.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants into navigable waters.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from the carbon black lamp process by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a new source subject to the provisions of this subpart:
Secs. 301, 304 (b), (c), 306(b), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, 1311, 1314 (b) and (c) and 1316(b), 86 Stat. 816
The provisions of this subpart are applicable to point source discharges resulting from the development or printing of paper prints, slides, negatives, enlargements, movie film, and other sensitized materials except that facilities processing 150 sq. meters (1600 sq. feet) per day or less are not covered. Both commercial and military facilities are covered by this subpart.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean articles developed or printed by photographic processes, such as paper prints, slides, negatives, enlargements, movie film and other sensitized materials.
In establishing the limitations set forth in this section, EPA took into account all information it was able to collect, develop and solicit with respect to factors (such as age and size of plant, raw materials, manufacturing processes, products produced, treatment technology available energy requirements and costs) which can affect the industry subcategorization and effluent levels established. It is, however, possible that data which would affect these limitations have not been available and, as a result, these limitations should be adjusted for certain plants in this industry. An individual discharger or other interested person may submit evidence to the Regional Administrator (or to the State, if the State has
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this paragraph, which may be discharged from a photographic processing point source subject to the provisions of this paragraph after application of the best practicable control technology currently available:
Secs. 301, 304 (b) and (c), 360(b), 307 (b) and (c), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316(b) and 1317 (b) and (c), 86 Stat. 816
The provisions of this subpart are applicable to discharges resulting from the functional operations of the hospital point source category.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term “product” shall mean service resulting from the hospital activity in terms of 1,000 occupied beds.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart, shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 (b) and (c), 308 and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e), and (g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
This part applies to any battery manufacturing plant that discharges or may discharge a pollutant to waters of the United States or that introduces pollutants to a publicly owned treatment works. Battery manufacturing operations subject to regulation under this part shall not be subject to regulation under part 413 or 433.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) “Battery” means a modular electric power source where part or all of the fuel is contained within the unit and electric power is generated directly from a chemical reaction rather than indirectly through a heat cycle engine. In this regulation there is no differentiation between a single cell and a battery.
(b) “Battery manufacturing operations” means all of the specific processes used to produce a battery including the manufacture of anodes and cathodes and associated ancillary operations. These manufacturing operations are excluded from regulation under any other point source category.
(c) “Ancillary operations” means all of the operations specific to battery manufacturing and not included specifically within anode or cathode manufacture (ancillary operations are primarily associated with battery assembly and chemical production of anode or cathode active materials).
(d) “Plate soak” shall mean the process operation of soaking or reacting lead subcategory battery plates, that are more than 2.5 mm (0.100 in) thick, in sulfuric acid.
(e) “Discharge allowance” means the amount of pollutant (mg per kg of production unit) that a plant will be permitted to discharge. For this category the allowances are specific to battery manufacturing operations.
(f) “Miscellaneous wastewater streams” shall mean the combined wastewater streams from the process operations listed below for each subcategory. If a plant has one of these streams then the plant receives the entire miscellaneous waste stream allowance.
(1)
(2)
(3)
(4)
(g) “Trucked batteries” shall mean batteries moved into or out of the plant by truck when the truck is actually washed in the plant to remove residues left in the truck from the batteries.
The “monthly average” regulatory values shall be the basis for the monthly average discharge in direct discharge permits and for pretreatment
The compliance date for pretreatment standards for existing sources is March 9, 1987.
This subpart applies to discharges to waters of the United States, and introductions of pollutants into publicly owned treatment works from the manufacturing of cadmium anode batteries.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
(1) Subpart A—Pasted and Pressed Powder Anodes.
(2) Subpart A—Electrodeposited Anodes.
(3) Subpart A—Impregnated Anodes.
(4) Subpart A—Nickel Electrodepos-ited Cathodes.
(5) Subpart A—Nickel Impregnated Cathodes.
(6) Subpart A—Miscellaneous Wastewater Streams.
(7) Subpart A—Cadmium Powder Production.
(8) Subpart A—Silver Powder Production.
(9) Subpart A—Cadmium Hydroxide Production.
(10) Subpart A—Nickel Hydroxide Production.
(b) There shall be no discharge allowance for process wastewater pollutants
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
(1) Subpart A—Electrodeposited Anodes.
(2) Subpart A—Impregnated Anodes.
(3) Subpart A—Nickel Electrodepos-ited Cathodes.
(4) Subpart A—Nickel Impregnated Cathodes.
(5) Subpart A—Miscellaneous Wastewater Streams.
(6) Subpart A—Cadmium Powder Production.
(7) Subpart A—Silver Powder Production.
(8) Subpart A—Cadmium Hydroxide Production.
(9) Subpart A—Nickel Hydroxide Production.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:
(1) Subpart A—Electrodeposited Anodes—NSPS.
(2) Subpart A—Impregnated Anodes—NSPS.
(3) Subpart A—Nickel Electrodepos-ited Cathodes—NSPS.
(4) Subpart A—Nickel Impregnated Cathodes—NSPS.
(5) Subpart A—Miscellaneous Wastewater Streams—NSPS.
(6) Subpart A—Cadmium Powder Production—NSPS.
(7) Subpart A—Silver Powder Production—NSPS.
(8) Subpart A—Cadmium Hydroxide Production—NSPS.
(9) Subpart A—Nickel Hydroxide Production—NSPS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 403.7 and § 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources listed below:
(1) Subpart A—Electrodeposited Anodes.
(2) Subpart A—Impregnated Anodes.
(3) Subpart A—Nickel Electrodepos-ited Cathodes.
(4) Subpart A—Nickel Impregnated Cathodes—PSES.
(5) Subpart A—Miscellaneous Wastewater Streams—PSES.
(6) Subpart A—Cadmium Powder Production—PSES.
(7) Subpart A—Silver Powder Production—PSES.
(8) Subpart A—Cadmium Hydroxide Production—PSES.
(9) Subpart A—Nickel Hydroxide Production—PSES.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 403.7 any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for new sources listed below:
(1) Subpart A—Electrodeposited Anodes—PSNS.
(2) Subpart A—Impregnated Anodes—PSNS.
(3) Subpart A—Nickel Electrodepos-ited Cathodes—PSNS.
(4) Subpart A—Nickel Impregnated Cathodes—PSNS.
(5) Subpart A—Miscellaneous Wastewater Streams—PSNS.
(6) Subpart A—Cadmium Powder Production—PSNS.
(7) Subpart A—Silver Powder Production—PSNS.
(8) Subpart A—Cadmium Hydroxide Production—PSNS.
(9) Subpart A—Nickel Hydroxide Production—PSNS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
This subpart applies to discharges to waters of the United States and introductions of pollutants into publicly owned treatment works from manufacturing calcium anode batteries.
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below.
(b) There shall be no discharge for process wastewater pollutants from any battery manufacturing operations.
(a) Except as provided in § 403.7 any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for new sources listed below.
(b) There shall be no discharge for process wastewater pollutants from any battery manufacturing operations.
This subpart applies to discharges to waters of the United States and introduction of pollutants into publicly owned treatment works from the manufacturing of lead anode batteries.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
(1) Subpart C—Closed Formation—Double Fill, or Fill and Dump.
(2) Subpart C—Open Formation—Dehydrated.
(3) Subpart C—Open Formation—Wet.
(4) Subpart C—Plate Soak.
(5) Subpart C—Battery Wash (with Detergent).
(6) Subpart C—Battery Wash (Water Only).
(7) Subpart C—Direct Chill Lead Casting.
(8) Subpart C—Mold Release Formulation.
(9) Subpart C—Truck Wash.
(10) Subpart C—Laundry.
(11) Subpart C—Miscellaneous Wastewater Streams.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
(1) Subpart C—Open Formation—Dehydrated.
(2) Subpart C—Open Formation—Wet.
(3) Subpart C—Plate Soak.
(4) Subpart C—Battery Wash (Detergent).
(5) Subpart C—Direct Chill Lead Casting.
(6) Subpart C—Mold Release Formulation.
(7) Subpart C—Truck Wash.
(8) Subpart C—Laundry.
(9) Subpart C—Miscellaneous Wastewater Streams.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:
(1) Subpart C—Open Formation—Dehydrated—NSPS.
(2) Subpart C—Open Formation—Wet—NSPS.
(3) Subpart C—Plate Soak—NSPS.
(4) Subpart C—Battery Wash (Detergent)—NSPS.
(5) Subpart C—Direct Chill Lead Casting—NSPS.
(6) Subpart C—Mold Release Formulation—NSPS.
(7) Subpart C—Truck Wash—NSPS.
(8) Subpart C—Laundry—NSPS.
(9) Subpart C—Miscellaneous Wastewater Streams—NSPS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources listed below:
(1) Subpart C—Open Formation—Dehydrated—PSES.
(2) Subpart C—Open Formation—Wet—PSES.
(3) Subpart C—Plate Soak—PSES.
(4) Subpart C—Battery Wash—(Detergent)—PSES.
(5) Subpart C—Direct Chill Lead Casting—PSES.
(6) Subpart C—Mold Release Formulation—PSES.
(7) Subpart C—Truck Wash—PSES.
(8) Subpart C—Laundry—PSES.
(9) Subpart C—Miscellaneous Wastewater Streams—PSES.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(c)(1) In cases where battery employee shower wastewater containing concentrations of lead exceeding 0.20 mg/l is combined with process wastewaters prior to treatment, the Control Authority may, for purposes of applying the Combined Wastestream Formula under § 403.6(e) of this chapter, notwithstanding the provisions of § 403.6(e), exercise its discretion and classify battery employee shower wastewater as an unregulated rather than a dilute (F
(2) Before the Control Authority may exercise its discretion to classify such a stream as an unregulated stream, the battery manufacturer must provide engineering, production, and sampling and analysis information sufficient to allow a determination by the Control Authority on how the stream should be classified.
(a) Except as provided in § 403.7, any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources:
(1) Subpart C—Open Formation—Dehydrated—PSNS.
(2) Subpart C—Open Formation—Wet—PSNS.
(3) Subpart C—Plate Soak—PSNS.
(4) Subpart C—Battery Wash—(Detergent)—PSNS.
(5) Subpart C—Direct Chill Lead Casting—PSNS.
(6) Subpart C—Mold Release Formulation—PSNS.
(7) Subpart C—Truck Wash—PSNS.
(8) Subpart C—Laundry—PSNS.
(9) Subpart C—Miscellaneous Wastewater Streams—PSNS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operations other than those battery manufacturing operations listed above.
This subpart applies to discharges to waters of the United States, and introductions of pollutants into publicly owned treatment works from manufacturing Leclanche type batteries (zinc anode batteries with acid electrolyte).
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:
(1) Subpart D—Foliar Battery Miscellaneous Wash—NSPS.
(b) There shall be no discharge allowance for process wastewater pollutants
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources listed below:
(1) Subpart D—Foliar Battery Miscellaneous Wash—PSES.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in § 403.7 any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources listed below.
(1) Subpart D—Foliar Battery Miscellaneous Wash—PSNS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
This subpart applies to discharges to waters of the United States and introduction of pollutants into publicly owned treatment works from the manufacturing of lithium anode batteries.
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:
(1) Subpart E—Lead Iodide Cathodes—NSPS.
(2) Subpart E—Iron Disulfide Cathodes—NSPS.
(3) Subpart E—Miscellaneous Wastewater Streams—NSPS.
(4) Subpart E—Air Scrubbers—NSPS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in § 403.7 any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources listed below:
(1) Subpart E—Lead Iodide Cathodes—PSNS.
(2) Subpart E—Iron Disulfide Cathodes—PSNS.
(3) Subpart E—Miscellaneous Wastewater Streams—PSNS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
This subpart applies to discharges to waters of the United States and introduction of pollutants into publicly owned treatment works from the manufacturing of magnesium anode batteries.
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:
(1) Subpart F—Silver Chloride Cathodes—Chemically Reduced—NSPS.
(2) Subpart F—Silver Chloride Cathodes—Electrolytic—NSPS.
(3) Subpart F—Cell Testing—NSPS.
(4) Subpart F—Floor and Equipment Wash—NSPS.
(5) Subpart F—Air Scrubber—NSPS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources listed below:
(1) Subpart F—Silver Chloride Cathodes—Chemically Reduced—PSES.
(2) Subpart F—Silver Chloride Cathodes—Electrolytic—PSES.
(3) Subpart F—Cell Testing—PSES.
(4) Subpart F—Floor and Equipment Wash—PSES.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in § 403.7 any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources listed below:
(1) Subpart F—Silver Chloride Cathodes—Chemically Reduced—PSNS.
(2) Subpart F—Silver Chloride Cathodes—Electrolytic PSNS.
(3) Subpart F—Cell Testing—PSNS.
(4) Subpart F—Floor and Equipment Wash—PSNS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
This subpart applies to discharges to waters of the United States, and introductions of pollutants into publicly owned treatment works from the manufacturing of zinc anode batteries.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
(1) Subpart G—Wet Amalgamated Powder Anodes.
(2) Subpart G—Gelled Amalgam Anodes.
(3) Subpart G—Zinc Oxide, Formed Anodes.
(4) Subpart G—Electrodeposited Anodes.
(5) Subpart G—Silver Powder, Formed Cathodes.
(6) Subpart G—Silver Oxide Powder, Formed Cathodes.
(7) Subpart G—Silver Peroxide Cathodes.
(8) Subpart G—Nickel Impregnated Cathodes.
(9) Subpart G—Miscellaneous Wastewater Streams.
(10) Subpart G—Silver Etch.
(11) Subpart G—Silver Peroxide Production.
(12) Subpart G—Silver Powder Production.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
(1) Subpart G—Wet Amalgamated Powder Anodes.
(2) Subpart G—Gelled Amalgam Anodes.
(3) Subpart G—Zinc Oxide Formed Anodes.
(4) Subpart G—Electrodeposited Anodes.
(5) Subpart G—Silver Powder Formed Cathodes.
(6) Subpart G—Silver Oxide Powder Formed Cathodes.
(7) Subpart G—Silver Peroxide Cathodes.
(8) Subpart G—Nickel Impregnated Cathodes.
(9) Subpart G—Miscellaneous Wastewater Streams.
(10) Subpart G—Silver Etch.
(11) Subpart G—Silver Peroxide Production.
(12) Subpart G—Silver Powder Production.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:
(1) Subpart G—Zinc Oxide Formed Anodes—NSPS.
(2) Subpart G—Electrodeposited Anodes—NSPS.
(3) Subpart G—Silver Powder Formed Cathodes—NSPS.
(4) Subpart G—Silver Oxide Powder Formed Cathodes—NSPS.
(5) Subpart G—Silver Peroxide Cathodes—NSPS.
(6) Subpart G—Nickel Impregnated Cathodes—NSPS.
(7) Subpart G—Miscellaneous Wastewater Streams—NSPS.
(8) Subpart G—Silver Etch—NSPS.
(9) Subpart G—Silver Peroxide Production—NSPS.
(10) Subpart G—Silver Powder Production—NSPS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources:
(1) Subpart G—Wet Amalgamated Powder Anode—PSES.
(2) Subpart G—Gelled Amalgam Anodes—PSES.
(3) Subpart G—Zinc Oxide Formed Anodes—PSES.
(4) Subpart G—Electrodeposited Anodes—PSES.
(5) Subpart G—Silver Powder Formed Cathodes—PSES.
(6) Subpart G—Silver Oxide Powder Formed Cathodes—PSES.
(7) Subpart G—Silver Peroxide Cathodes—PSES.
(8) Subpart G—Nickel Impregnated Cathodes—PSES.
(9) Subpart G—Miscellaneous Wastewater Streams—PSES.
(10) Subpart G—Silver Etch—PSES.
(11) Subpart G—Silver Peroxide Production—PSES.
(12) Subpart G—Silver Powder Production—PSES.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
(a) Except as provided in § 403.7 any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources listed below:
(1) Subpart G—Zinc Oxide Formed Anodes—PSNS.
(2) Subpart G—Electrodeposited Anodes—PSNS.
(3) Subpart G—Silver Powder Formed Cathodes—PSNS.
(4) Subpart G—Silver Oxide Powder Formed Cathodes—PSNS.
(5) Subpart G—Silver Peroxide Cathodes—PSNS.
(6) Subpart G—Nickel Impregnated Cathodes —PSNS.
(7) Subpart G—Miscellaneous Wastewater Streams—PSNS.
(8) Subpart G—Silver Etch—PSNS.
(9) Subpart G—Silver Peroxide Production—PSNS.
(10) Subpart G—Silver Powder Production—PSNS.
(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307, 308, and 501, Clean Water Act (Federal Water Pollution Control Act Amendments of 1972, as amended by Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e) and (g), 1316 (b) and (c), 1317 (b) and (c), 1318, and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
(a) This part applies to any plastics molding and forming process that discharges or may discharge pollutants to waters of the United States or that introduces pollutants into a publicly owned treatment works. Plastics molding and forming processes include processes that blend, mold, form, or otherwise process plastic materials into intermediate or final plastic products. They include commonly recognized processes such as extrusion, molding, coating and laminating, thermoforming, calendering, casting, foaming, cleaning, and finishing.
(b) Plastics molding and forming processes (e.g., extrusion and pelletizing) used by plastics resin manufacturers to process crude intermediate plastic material for shipment off-site are excluded from this regulation and regulated under the organic chemicals, plastics, and synthetic fibers category. Plastics molding and forming processes used by plastic resin manufacturers to process crude intermediate plastic materials, which are further processed on-site into intermediate or final plastics products in molding and forming processes, are controlled by the effluent limitations guidelines and standards for the plastics molding and forming category in this part.
(c) Processes that coat a plastic material onto a substrate may fall within the definition of electroplating and metal finishing as defined in 40 CFR parts 413 and 433. These coating processes are excluded from the effluent limitations guidelines and standards for the electroplating and metal finishing point source categories and are subject to the plastics molding and forming regulation in this part.
(d) Coating of plastic material onto a formed metal substrate is also covered by the plastics molding and forming effluent limitations guidelines and standards and is not covered by the specific metal forming guidelines such as aluminum forming (40 CFR part 467), copper forming (40 CFR part 468), and nonferrous metals forming (40 CFR part 471). However, the plastics molding and forming effluent limitations guidelines and standards in this part apply only to the coating process; the metal forming operations are subject to the specific metal forming regulation.
(e) Research and development laboratories that produce plastic products using a plastics molding and forming process are subject to the effluent limitations guidelines and standards in this part if the plastics molding and forming process discharges process water. The mass of plastic product produced in the plastics molding and forming process is not considered when determining the applicability of the plastics molding and forming regulation in this part to plastics molding and forming processes at research and development laboratories.
(f) Chemical and thermal reticulation processes for polyurethane foam are not subject to the effluent limitations guidelines and standards in this part. Water used in those processes is not considered to be process water as defined in this regulation. Processes used to further mold or form the reticulated foam are subject, however, to this regulation if they discharge process water.
(g) Processes used to regenerate cellulose and to produce a product (e.g., rayon) from the regenerated cellulose are not subject to the effluent limitations guidelines and standards in this part. Processes that mold or form cellulose derivatives (e.g., cellulose acetate) are subject to the effluent limitations guidelines and standards in this part if they discharge process water.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) “Plastics molding and forming” is a manufacturing process in which plastic materials are blended, molded, formed, or otherwise processed into intermediate or final products.
(b) “Process water” is any raw, service, recycled, or reused water that contacts the plastic product or contacts shaping equipment surfaces such as molds and mandrels that are, or have been, in contact with the plastic product.
(c) “Contact cooling and heating water” is process water that contacts the raw materials or plastic product for the purpose of heat transfer during the plastics molding and forming process.
(d) “Cleaning water” is process water used to clean the surface of an intermediate or final plastic product or to clean the surfaces of equipment used in plastics molding and forming that contact an intermediate or final plastic product. It includes water used in both the detergent wash and rinse cycles of a cleaning process.
(e) “Finishing” water is processed water used to remove waste plastic material generated during a finishing process or to lubricate a plastic product during a finishing process. It includes water used to machine or to assemble intermediate or final plastic products.
(f) “Plastic material” is a synthetic organic polymer (i.e., a thermoset polymer, a thermoplastic polymer, or a combination of a natural polymer and a thermoset or thermoplastic polymer) that is solid in its final form and that was shaped by flow. The material can be either a homogeneous polymer or a polymer combined with fillers, plasticizers, pigments, stabilizers, or other additives.
(g) “Crude intermediate plastic material” is plastic material formulated in an on-site polymerization process.
(h) “Mass of pollutant that can be discharged” is the pollutant mass calculated by multiplying the pollutant concentration times the average process water usage flow rate.
The “monthly average” regulatory values shall be the basis for the monthly average effluent limitations guidelines and standards in direct discharge permits. Compliance with the monthly average effluent limitations guidelines and standards is required regardless of the number of samples analyzed and averaged.
This subpart applies to discharges of pollutants from processes in the contact cooling and heating water subcategory to waters of the United States and the introduction of such pollutants into publicly owned treatment works. Processes in the contact cooling and heating water subcategory are processes where process water comes in contact with plastic materials or plastic products for the purpose of heat transfer during plastics molding and forming.
For the purpose of this subpart:
(a) The “average process water usage flow rate” of a contact cooling and heating water process in liters per day is equal to the volume of process water (liters) used per year by a process divided by the number of days per year the process operates. The “average process water usage flow rate” for a plant with more than one plastics molding and forming process that uses contact cooling and heating water is the sum of the “average process water usage flow rates” for the contact cooling and heating processes.
(b) The “volume of process water used per year” is the volume of process water that flows through a contact cooling and heating water process and comes in contact with the plastic product over a period of one year.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations guidelines (i.e., mass of pollutant discharged) representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available,
(a) The BAT effluent limitations guidelines for bis(2-ethylhexyl) phthalate are reserved.
(b) The Agency has determined that, with the exception of bis(2-ethylhexyl) phthalate, there are no toxic pollutants in treatable concentrations in contact cooling and heating water. Accordingly, the Agency is promulgating BAT effluent limitations guidelines equal to the BPT effluent limitations guidelines.
(a) NSPS for bis(2-ethylhexyl) phthalate are reserved.
(b) Any new source subject to this subpart must achieve performance standards (i.e., mass of pollutant discharged), which are calculated by multiplying the average process water usage flow rate for the contact cooling and heating water processes at a new source times the following pollutant concentrations:
(a) PSES for bis(2-ethylhexyl) phthalate are reserved.
(b) Any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR Part 403—General Pretreatment Regulations.
(a) PSNS for bis(2-ethylhexyl)phthalate are reserved.
(b) Any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR Part 403—General Pretreatment Regulations.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations guidelines (i.e., mass of pollutant discharged) representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology, which are calculated by multiplying the average process water usage flow rate for the contact cooling and heating water processes at a point source times the following pollutant concentrations:
This subpart applies to discharges of pollutants from processes in the cleaning water subcategory to waters of the United States and the introduction of such pollutants into publicly owned treatment works. Processes in the cleaning water subcategory are processes where water comes in contact with the plastic product for the purpose of cleaning the surface of the product and where water comes in contact with shaping equipment, such as molds and mandrels, that contact the plastic material for the purpose of cleaning the equipment surfaces.
For the purpose of this subpart:
(a) The “average process water usage flow rate” of a cleaning water process in liters per day is equal to the volume of process water (liters) used per year by a process divided by the number of days per year the process operates. The “average process water usage flow rate” for a plant with more than one plastics molding and forming process that uses cleaning water is the sum of the “average process water usage flow rates” for the cleaning processes.
(b) The “volume of process water used per year” is the volume of process water that flows through a cleaning process and comes in contact with the plastic product over a period of one year.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations guidelines (i.e., mass of pollutant discharged) representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, which are calculated by multiplying the average process water usage flow rate for the cleaning water processes at a point source times the following pollutant concentrations:
The Agency has determined that there are insignificant quantities of toxic pollutants in cleaning process wastewaters after compliance with applicable BPT effluent limitations guidelines. Accordingly, because the BPT level of treatment provides adequate control, the Agency is establishing BAT effluent limitations guidelines equal to the BPT effluent limitations guidelines.
Any new source subject to this subpart must achieve performance standards (i.e., mass of pollutant discharged)
Any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR Part 403—General Pretreatment Regulations.
Any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR Part 403—General Pretreatment Regulations.
This subpart applies to discharges of pollutants from processes in the finishing water subcategory to waters of the United States and the introduction of such pollutants into publicly owned treatment works. Processes in the finishing water subcategory are processes where water comes in contact with the plastic product during finishing.
For the purpose of this subpart:
(a) The “average process water usage flow rate” of a finishing water process in liters per day is equal to the volume of process water (liters) used per year by a process divided by the number of days per year the process operates. The “average process water usage flow rate” for a plant with more than one plastics molding and forming process that uses finishing water is the sum of the “average process water usage flow rates” for the finishing processes.
(b) The “volume of process water used per year” is the volume of process water that flows through a finishing water process and comes in contact with the plastics product over a period of one year.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations guidelines (i.e., mass of pollutant discharged) representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, which are calculated by multiplying the average process water usage flow rate for the finishing water processes at a point source times the following pollutant concentrations:
(a) The BAT effluent limitations guidelines for bis(2-ethylhexyl) phthalate, di-n-butyl phthalate, and dimethyl phthalate are reserved.
(b) The Agency has determined that, with the exception of bis(2-ethylhexyl) phthalate, di-n-butyl phthalate, and dimethyl phthalate, there are no toxic pollutants in treatable concentrations in finishing waters. Accordingly, the Agency is promulgating BAT effluent limitations guidelines equal to BPT effluent limitations guidelines.
(a) NSPS for bis(2-ethylhexyl) phthalate, di-n-butyl phthalate, and dimethyl phthalate are reserved.
(b) Any new source subject to this subpart must achieve performance standards (i.e., mass of pollutant discharged), which are calculated by multiplying the average process water usage flow rate for the finishing water processes at a new source times the following pollutant concentrations:
(a) PSES for bis(2-ethylhexyl) phthalate, di-n-butyl phthalate, and dimethyl phthalate are reserved.
(b) Any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR Part 403—General Pretreatment Regulations.
(a) PSNS for bis(2-ethylhexyl) phthalate, di-n-butyl phthalate, and dimethyl phthalate are reserved.
(b) Any new source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR Part 403—General Pretreatment Regulations.
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307, 308, and 501 of the Clean Water Act (Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e) and (g), 1316 (b) and (c), 1317 (b) and (c), 1318, and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
(a) This part applies to metal molding and casting facilities that discharge or may discharge pollutants to waters of the United States or that introduce pollutants into a publicly owned treatment works.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a)
(b)
(c)
(d)
(e)
(f) A
(g)
(h)
(i)
(j)
(a) As an alternative to monitoring for TTO (total toxic organics), an indirect discharging plant may elect to monitor for Oil and Grease instead. Compliance with the Oil and Grease standard shall be considered equivalent to complying with the TTO standard. Alternate Oil and Grease standards are provided as substitutes for the TTO standards provided in §§ 464.15, 464.16, 464.25, 464.26, 464.35, 464.36, 464.45, and 464.46.
(b) POTWs may establish concentration standards rather than mass standards, but must ensure that the concentration standards are exactly equivalent to the mass-based standards provided in §§ 464.15, 464.16, 464.25, 464.26, 464.35, 464.36, 464.45, and 464.46. Equivalent concentration standards may be determined by multiplying the mass-based standards included in the regulations by an appropriate measurement of average production, raw material usage, or air scrubber flow (kkg of metal poured, kkg of sand reclaimed, or standard cubic meters of air scrubbed) and dividing by an appropriate measure of average discharge flow to the POTW, taking into account the proper conversion factors to ensure that the units (mg/l) are correct.
(c) The “monthly average” regulatory values shall be the basis for the monthly average effluent limitations
The compliance date of PSES is October 31, 1988.
The provisions of this subpart are applicable to discharges to waters of the United States and to the introduction of pollutants into publicly owned treatment works resulting from aluminum casting operations as defined in § 464.02(a).
For the purpose of this subpart:
(a)
(1) Casting Quench (§ 464.15(b) and § 464.16(b)):
(2) Die Casting (§ 464.15(c) and § 464.16(c)):
(3) Dust Collection Scrubber (§ 464.15(d) and § 464.16(d)):
(4) Investment Casting (§ 464.15(f) and § 464.16(f)):
(5) Melting Furnace Scrubber (§ 464.15(g) and § 464.16(g)):
(6) Mold Cooling (§ 464.15(h) and § 464.16(h)):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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 maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
The provisions of this subpart are applicable to discharges to waters of the United States and to the introduction
For the purpose of this subpart:
(a)
(1) Casting Quench (§ 464.25(a) and § 464.26(a)):
(2) Dust Collection Scrubbers (§ 464.25(c) and 464.26(c)):
(3) Investment Casting (§ 464.25(e) and § 464.26(e)):
(4) Melting Furnace Scrubber (§ 464.25(f) and § 464.26(f)):
(5) Mold Cooling (§ 464.25(g) and § 464.26(g)):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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 maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The provisions of this subpart are applicable to discharges to waters of the United States and to the introduction of pollutants into publicly owned treatment works resulting from ferrous casting operations as defined in § 464.02(c).
For the purpose of this subpart:
(a)
(1) Casting Quench (§ 464.35(b) and § 464.36(b)):
(2) Dust Collection Scrubber (§ 464.35(c) and § 464.36(b)):
(3) Investment Casting (§ 464.35(e) and § 464.36(e)):
(4) Melting Furnace Scrubber (§ 464.35(f) and § 464.36(f)):
(5) Mold Cooling (§ 464.35(g) and § 464.36(g)):
(6) Slag Quench (§ 464.35(h) and § 464.36(h)):
(7) Wet Sand Reclamation (§ 464.35(i) and § 464.36(i)):
(b)
(c)
(d)
(e)
(f)
(g) The “primary metal cast” shall mean the metal that is poured in the greatest quantity at an individual plant.
(h)
(i)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/1,000 kkg or lb/million lb of sand reclaimed; kg/62.3 million Sm
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/1,000 kkg or lb/million lb of sand reclaimed; kg/62.3 million Sm
(a)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(b)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(c)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(d)
(e)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(f)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(g)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(h)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(i)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
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 maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/1,000 kkg or lb/million lb of sand reclaimed; kg/62.3 million Sm
(a)
(2) Applicable to plants that are casting primarily steel and to plants that
(b)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(c)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(d)
(e)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(f)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(g)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(h)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
(i)
(2) Applicable to plants that are casting primarily steel and to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(a)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(b)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(c)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(d)
(e)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(f)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(g)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where greater than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(h)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(i)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
(a)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(b)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that
(c)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(d)
(e)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(f)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(g)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(h)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
(i)
(2) Applicable to plants that are casting primarily steel, to plants that are casting primarily malleable iron where equal to or less than 3,557 tons of metal are poured per year, and to plants that are casting primarily gray iron where equal to or less than 1,784 tons of metal are poured per year.
The provisions of this subpart are applicable to discharges to waters of the United States and to the introduction of pollutants into publicly owned treatment works resulting from zinc casting operations as defined in § 464.02(d).
For the purpose of this subpart:
(a)
(1) Casting Quench (§ 464.45(a) and § 464.46(a)):
(2) Die Casting (§ 465.45(b) and § 464.46(b)):
(3) Melting Furnace Scrubber (§ 464.45(c) and § 464.46(c)):
(4) Mold Cooling (§ 464.45(d) and § 464.46(d)):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable, except that non-continuous dischargers shall not be subject to the maximum day and maximum for monthly average mass (kg/1,000 kkg or lb/million lb of metal poured; kg/62.3 million Sm
(a)
(b)
(c)
(d)
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 maximum for monthly average
(a)
(b)
(c)
(d)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(a)
(b)
(c)
(d)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
(a)
(b)
(c)
(d)
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 (b) and (c), and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e), and (g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
This part applies to any coil coating facility or to any canmaking facility that discharges pollutants to waters of the United States or that introduces pollutants to a publicly owned treatment works.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) “Coil” means a strip of basis material rolled into a roll for handling.
(b) “Coil coating ” means the process of converting basis material strip into coated stock. Usually cleaning, conversion coating, and painting are performed on the basis material. This regulation covers processes which perform any two or more of the three operations.
(c) “Basis material” means the coiled strip which is processed.
(d) “Area processed” means the area actually exposed to process solutions. Usually this includes both sides of the metal strip.
(e) “Steel basis material” means cold rolled steel, hot rolled steel, and chrome, nickel and tin coated steel which are processed in coil coating.
(f) “Galvanized basis material” means zinc coated steel, galvalum, brass and other copper base strip which is processed in coil coating.
(g) “Aluminum basis material” means aluminum, aluminum alloys and aluminum coated steels which are processed in coil coating.
(h) The term “can” means a container formed from sheet metal and
(i) The term “canmaking” means the manufacturing process or processes used to manufacture a can from a basic metal.
(j) The term “Total Toxic Organics (TTO)” shall mean the sum of the mass of each of the following toxic organic compounds which are found at a concentration greater than 0.010 mg/1.
The following special monitoring requirements apply to all facilities controlled by this regulation.
(a) Periodic analyses for cyanide are not required when both of the following conditions are met:
(1) The first wastewater sample taken in each calendar year has been analyzed and found to contain less than 0.07 mg/l cyanide
(2) The owner or operator of the coil coating facility certifies in writing to the POTW authority or permit issuing authority that cyanide is not used in the coil coating process.
(b) The “monthly average” regulatory values shall be the basis for the monthly average discharge limits in direct discharge permits and for pretreatment standards. Compliance with the monthly discharge limit is required regardless of the number of samples analyzed and averaged.
(c) The following determination method shall be used for the determination of the concentration of oil and grease in wastewater samples from all subcategories of coil coating (Based on Standard Methods, 15th Edition, Methods 503A and 503E). In this method, a partition gravimetric procedure is used to determine hydrocarbon (petroleum based) oil and grease (O&G-E).
(1)
(ii) Glass stoppered flask, 125 ml.
(iii) Distilling flask, 125 ml.
(iv) Water bath.
(v) Filter paper, 11 cm diameter.
(vi) Glass funnel.
(vii) Magnetic stirrer and Teflon coated stir bar.
(2)
(ii) Trichlorotrifluoroethane.
(iii) Sodium sulfate, Na
(iv) Silica gel, 60 to 200 mesh.
(3)
(4)
(5)
(d) The owner or operator of any canmaking facility subject to the provisions of this regulation shall advise the permit issuing authority or POTW authority and the EPA Office of Water Regulations and Standards, Washington, D.C. 20460 whenever it has been decided that the plant will manufacture cans from an aluminum alloy containing less than 1.0 percent manganese. Such notification shall be made in writing, not less than 30 days in advance of the scheduled production and shall provide the chemical analysis of the alloy and the expected period of use.
(a) For subparts A, B, and C the compliance date for Pretreatment Standards for Existing Source (PSES) is December 1, 1985.
(b) For subpart D, the compliance date for Pretreatment Standards for Existing Sources will be as soon as possible, but in no case later than November 17, 1986.
This subpart applies to discharges to waters of the United States, and introductions of pollutants into publicly owned treatment works from coil coating of steel basis material coils.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following retreatment standards for existing sources. The mass of wastewater pollutants in coil coating process wastewater introduced into a POTW shall not exceed the following values:
Except as provided in CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in coil coating process wastewater introduced into a POTW shall not exceed the following values:
This subpart applies to discharges to waters of the United States and introductions of pollutants into publicly
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section which may be discharged by a new source subject to the provisions of this subpart:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in coil coating process wastewater introduced into a POTW shall not exceed the following values:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in coil coating process wastewater introduced into a POTW shall not exceed the following values.
This subpart applies to discharges to waters of the United States and introductions of pollutants into publicly owned treatment works from coil coating of aluminum basis material coils.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in coil coating process wastewater introduced into a POTW shall not exceed the following values:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in coil coating process wastewater introduced into a POTW shall not exceed the following values:
This subpart applies to discharges to waters of the United States, and introductions of pollutants into publicly owned treatment works from the manufacturing of seamless can bodies, which are washed.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
The following standards of performance establish the quantity of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for exisitng sources.
Except as provided in 40 CFR 403.7 any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e) and (g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
(a) Except as provided in paragraphs (b) and (c) of this section, the provisions of this part apply to any porcelain enameling facility which discharges pollutants to waters of the United States or introduces pollutants into a publicly owned treatment works.
(b) Any existing porcelain enameling facility which prepares or coats less than 1600 m
(c) This part does not apply to the porcelain enameling on precious metal basis material.
(d) When wastewaters from coating cast iron are cotreated with wastewaters from coating steel, the limitations for coating steel contained in § 466.11 may be applied to the entire wastestream.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) “Porcelain enameling” means the entire process of applying a fused vitreous enamel coating to a metal basis material. Usually this includes metal preparation and coating operations.
(b) “Basis material” means the metal part or base onto which procelain enamel is applied.
(c) “Area processed” means the total basis material area exposed to processing solutions.
(d) “Area coated” means the area of basis material covered by each coating of enamel.
(e) “Coating operations” means all of the operations associated with preparation and application of the vitreous coating. Usually this includes ballmilling, slip transport, application of slip to the workpieces, cleaning and recovery of faulty parts, and firing (fusing) of the enamel coat.
(f) “Metal preparation” means any and all of the metal processing steps preparatory to applying the enamel slip. Usually this includes cleaning, pickling and applying a nickel flash or chemical coating.
(g) The term “control authority” is defined as the POTW if it has an approved pretreatment program; in the absence of such a program, the NPDES state if it has an approved pretreatment program or EPA if the State does not have an approved program.
(h) The term “precious metal” means gold, silver, or platinum group metals and the principal alloys of those metals.
(a) Periodic analyses for chromium as may be required under part 122 or 403 of this chapter is not required when both of the following conditions are met.
(1) The first wastewater sample of each calendar year has been analyzed and found to contain less than 0.08 mg/l chromium.
(2) The owner or operator of the porcelain enameling facility certifies in writing to the control authority or permit issuing authority that chromium is not contained in the raw materials or process chemicals of that facility and will not be used in the facility.
(b) The “monthly average” regulatory values shall be the basis for the monthly average discharge in direct discharge permits and for pretreatment standards. Compliance with the monthly discharge limit is required regardless of the number of samples analyzed and averaged.
The compliance date for pretreatment standards for existing sources is November 25, 1985.
This subpart applies to discharges to waters of the United States, and introduction of pollutants into publicly owned treatment works from porcelain enameling on steel basis materials.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for metal preparation operations and for coating operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
Any new source subject to this subpart must achieve the following new source performance standards:
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(b) In cases where POTW find it necessary to impose mass effluent pretreatment standards the following equivalent mass standards are provided:
Except as provided in 40 CFR 403.7 and 403.13, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources:
This subpart applies to discharges to waters of the United States and introductions of pollutants into publicly owned treatment works from porcelain enameling of cast iron basis materials.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
(a) There shall be no discharge of process wastewater pollutants from metal preparation operations.
(b) The discharge of process wasterwater pollutants from all porcelain enameling coating operations shall not exceed the values set forth below:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable.
(a) There shall be no discharge of process wastewater pollutants from metal preparation operations.
(b) The discharge of process wastewater pollutants from all porcelain enameling coating operations shall not exceed the values set forth below:
Any new source subject to this subpart must achieve the following new source performance standards.
(a) There shall be no discharge of process wastewater pollutants from metal preparation operations.
(b) The discharge of process wastewater pollutants from all porcelain enameling coating operations shall not exceed the values set forth below:
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(1) There shall be no discharge of process wastewater pollutants from metal preparation operations.
(2) The discharge of process wastewater pollutants from all porcelain enameling coating operations shall not exceed the values set forth below:
(b) In cases when POTW find it necessary to impose mass pretreatment standards the following equivalent mass standards are provided.
(1) There shall be no discharge of process wastewater pollutants from metal preparation operations.
(2) The discharge of process watewater pollutants from all porcelain enameling costing operations shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicy owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
(a) There shall be no discharge of process wastewater pollutants from metal preparation operations.
(b) The discharge of process wastewater pollutants from all porcelain enameling coating operations shall not exceed the values set forth below:
This subpart applies to discharges to waters of the United States and introductions of pollutants into publicly owned treatment works from porcelain enameling of aluminum basis materials.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable.
Any new source subject to this subpart must achieve the following new source performance standards:
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(b) In cases where POTW find it necessary to impose mass pretreatment standards the following equivalent mass standards are provided:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
This subpart applies to discharges to waters of the United States and introductions of pollutants into publicly owned treatment works from porcelain enameling of copper basis materials.
Any new source subject to this subpart must achieve the following new source performance standards:
Any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources:
Secs. 301, 304(b), (c), (e), and (g), 306(b) and (c), 307(b) and (c), 308 and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) and the Water Quality Act of 1987 (the “Act”); 33 U.S.C. 1311, 1314(b), (c), (e), and (g), 1316(b) and (c), 1317(b) and (c), 1318 and 1361;
(a) Aluminum forming includes commonly recognized forming operations such as rolling, drawing, extruding, and forging and related operations such as heat treatment, casting, and surface treatments. Surface treatment of aluminum is any chemical or electrochemical treatment applied to the surface of aluminum. Such surface treatment is considered to be a part of aluminum forming whenever it is performed as an integral part of aluminum forming. For the purposes of this regulation, surface treatment of aluminum is considered to be an integral part of aluminum forming whenever it is performed at the same plant site at which aluminum is formed and such operations are not considered for regulation under the Electroplating and Metal Finishing provisions of 40 CFR parts 413 and 433. Casting aluminum when performed as an integral part of aluminum forming and located on-site at an aluminum forming plant is considered an aluminum forming operation and is covered under these guidelines. When aluminum forming is performed on the same site as primary aluminum reduction the casting shall be regulated by the nonferrous metals guidelines if there is no cooling of the aluminum prior to casting. If the aluminum is cooled prior to casting then the casting shall be regulated by the aluminum forming guidelines.
(b) This part applies to any aluminum forming facility, except for plants identified under paragraph (c) of this section, which discharges or may discharge pollutants to waters of the United States or which introduces or may introduce pollutants into a publicly owned treatment works.
(c) This part is applicable to indirect discharging aluminum forming plants that extrude less than 3 million pounds of product per year and draw, with emulsions or soaps, less than 1 million pounds per year.
This paragraph is promulgated as an Interim Final Rule.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m) Hot water seal is a heated water bath (heated to approximately 180
(n)
(o)
(p)
(q) The term
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z) The production normalizing mass (/kkg) for each core or ancillary operation is the mass (off-kkg or off-lb) processed through that operation.
(aa) The term
The following special monitoring and reporting requirements apply to all facilities controlled by this regulation.
(a) Periodic analyses for cyanide as may be required under part 122 or 403 of this chapter are not required when both of the following conditions are met:
(1) The first wastewater sample of each calender year has been analyzed and found to contain less than 0.07 mg/l cyanide.
(2) The owner or operator of the aluminum forming plant certifies in writing to the POTW authority or permit issuing authority that cyanide is not and will not be used in the aluminum forming process.
(b) As an alternative monitoring procedure for pretreatment, the POTW user may measure and limit oil and grease to the levels shown in pretreatment standards in lieu of measuring and regulating total toxic organics (TTO).
(c) The “monthly average” regulatory values shall be the basis for the monthly average discharge limits in direct discharge permits and for pretreatment standards. Compliance with the monthly discharge limit is required regardless of the number of samples analyzed and averaged.
The compliance date for Pretreatment Standards for Existing Sources (PSES) is October 24, 1986.
Removal allowances pursuant to 40 CFR 403.7(a) may be granted for the toxic metals limited in 40 CFR part 467 when used as indicator pollutants.
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the core and the ancillary operations of the rolling with neat oils subcategory.
For the purpose of this subpart:
(a) The “core” of the rolling with neat oils subcategory shall include rolling using neat oils, roll grinding, sawing, annealing, stationary casting, homogenizing artificial aging, degreasing, and stamping.
(b) The term “ancillary operation” shall mean any operation not previously included in the core, performed on-site, following or preceding the rolling operation. The ancillary operations shall include continuous rod casting, continuous sheet casting, solution heat treatment, cleaning or etching.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the core operation and for the ancillary operations representing the degree of effluent reduction attainable
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. The mass of pollutants in the core and ancillary operations’ process wastewater shall not exceed the following values:
Any new source subject to this subpart must achieve the following performance standards. The mass of pollutants in the core and ancillary operations’ process wastewater shall not exceed the following values:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the following values:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the following values:
This subpart applies to dischargers of pollutants to waters of the United States and introductions of pollutants into publicly owned treatment works from the core and the ancillary operations of the rolling with emulsions subcategory.
For the purpose of this subpart:
(a) The “core” of the rolling with emulsions subcategory shall include rolling using emulsions, roll grinding, stationary casting, homogenizing, artificial aging, annealing, and sawing.
(b) The term “ancillary operation” shall mean any operation not previously included in the core, performed on-site, following or preceding the rolling operation. The ancillary operations shall include direct chill casting, solution heat treatment, cleaning or etching, and degassing.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. The discharge of process wastewater pollutants from the core shall not exceed the values set forth below:
Any new source subject to this subpart must achieve the following performance standards. The discharge of process wastewater pollutants from the core shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the following values:
Except as provided in § 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the
This subpart applies to discharges of pollutants to waters of the United States and introductions of pollutants into publicly owned treatment works from the core and the ancillary operations of the extrusion subcategory.
For the purpose of this subpart:
(a) The “core” of the extrusion subcategory shall include extrusion die cleaning, dummy block cooling, stationary casting, artificial aging, annealing, degreasing, and sawing.
(b) The term “extrusion die cleaning” shall mean the process by which the steel dies used in extrusion of aluminum are cleaned. The term includes a dip into a concentrated caustic bath to dissolve the aluminum followed by a water rinse. It also includes the use of a wet scrubber with the die cleaning operation.
(c) The term “ancillary operation” shall mean any operation not previously included in the core, performed on-site, following or preceding the extrusion operation. The ancillary operations shall include direct chill casting, press or solution heat treatment, cleaning or etching, degassing, and extrusion press hydraulic fluid leakage.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable:
(b) There shall be no discharge allowance for wastewater pollutants from the degassing operation.
(c) The discharge of wastewater pollutants from the core and ancillary operation except those in (b) of this section, shall not exceed the values set forth below:
Any new source subject to this subpart must achieve the following performance standards.
(a) There shall be no discharge allowance for wastewater pollutants from the degassing operation.
(b) The discharge of wastewater pollutants from the core and ancillary operations except those listed in paragraph (a) shall not exceed the values set forth below:
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources.
(b) There shall be no discharge allowance for wastewater pollutants from the degassing operation.
(c) The mass of wastewater pollutants from the core and ancillary operations except those identified in paragraph (b), introduced into a POTW shall not exceed the following values:
(a) Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources.
(b) There shall be no discharge allowance for wastewater pollutants from the degassing operation.
(c) The mass of wastewater pollutants from the core and ancillary operations except those identified in paragraph (b) introduced into a POTW shall not exceed the values set forth below:
This subpart applies to discharges of pollutants to waters of the United States and introductions of pollutants into publicly owned treatment works from the core of the forging subcategory and the ancillary operations.
For the purpose of this subpart:
(a) The “core” of the forging subcategory shall include forging, artificial aging, annealing, degreasing, and sawing.
(b) The term “ancillary operation” shall mean any operation not previously included in the core, performed on-site, following or preceding the forging operation. The ancillary operations shall include forging air pollution scrubbers, solution heat treatment, and cleaning or etching.
Any new source subject to this subpart must achieve the following performance standards. The discharge of wastewater pollutants from the core shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduced pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the values set forth below:
This subpart applies to discharges of pollutants to waters of the United States and introductions of pollutants into publicly owned treatment works from the core of the drawing with neat oils subcategory and the ancillary operations.
For the purpose of this subpart:
(a) The “core” of the drawing with neat oils subcategory shall include drawing using neat oils, stationary casting, artificial aging, annealing, degreasing, sawing, and swaging.
(b) The term “ancillary operation” shall mean any operation not previously included in the core, performed on-site, following or preceding the drawing operation. The ancillary operation shall include continuous rod casting, solution heat treatment, and cleaning or etching.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. The discharge of wastewater pollutants from the core and ancillary operations shall not exceed the values set forth below:
Any new source subject to this subpart must achieve the following performance standards. The discharge of wastewater pollutants from the core and ancillary operations shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must
This subpart applies to discharges of pollutants to waters of the United States and introduction of pollutants into publicly owned treatment works from the core and the ancillary operations of the drawing with emulsions or soaps subcategory.
For the purpose of this subpart:
(a) The “core” of the drawing with emulsions or soaps subcategory shall include drawing using emulsions or soaps, stationary casting, artificial aging, annealing, degreasing, sawing, and swaging.
(b) The term “ancillary operation” shall mean any operation not previously included in the core, performed on-site, following or preceding the drawing operation. The ancillary operations shall include continuous rod casting, solution heat treatment and cleaning or etching.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. The discharge of wastewater pollutants from the core shall not exceed the volumes set forth below:
Any new source subject to this subpart must achieve the following performance standards. The discharge of wastewater pollutants from the core shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources. The mass of wastewater pollutants in aluminum forming process wastewater introduced into a POTW shall not exceed the values set forth below:
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in aluminum forming process wastewaters introduced into a POTW shall not exceed the values set forth below:
Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 (b) and (c), and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977) the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e), and (g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
(a) The provisions of this part are applicable to discharges resulting from the manufacture of formed copper and copper alloy products. The forming operations covered are hot rolling, cold rolling, drawing, extrusion and forging. This part does not regulate the forming of precious metals. (See 40 CFR part 471). The casting of copper and copper alloys is not covered by this part. (See 40 CFR part 464).
(b) The discharge allowance for drawing spent lubricant of 40 CFR 468.11(c), 468.14(c), and 468.15(c) are applicable only to those plants that actually discharge the drawing spent lubricant waste stream at copper forming sites. No discharge allowance is applicable or allowable where these wastewaters are hauled off-site for disposal or are otherwise not discharged at copper forming sites.
In addition to the definitions set forth in 40 CFR part 401 and the chemical analysis methods in 40 CFR part 136, the following definitions apply to this part:
(a) The term “alkaline cleaning bath” shall mean a bath consisting of an alkaline cleaning solution through which a workpiece is processed.
(b) The term “alkaline cleaning rinse” shall mean a rinse following an alkaline cleaning bath through which a workpiece is processed. A rinse consisting of a series of rinse tanks is considered as a single rinse.
(c) The term “ancillary operation” shall mean any operation associated with a primary forming operation. These ancillary operations include surface and heat treatment, hydrotesting, sawing, and surface coating.
(d) The term “annealing with oil” shall mean the use of oil to quench a workpiece as it passes from an annealing furnace.
(e) The term “annealing with water” shall mean the use of a water spray or
(f) The term “cold rolling” shall mean the process of rolling a workpiece below the recrystallization temperature of the copper or copper alloy.
(g) The term “drawing” shall mean pulling the workpiece through a die or succession of dies to reduce the diameter or alter its shape.
(h) The term “extrusion” shall mean the application of pressure to a copper workpiece, forcing the copper to flow through a die orifice.
(i) The term “extrusion heat treatment” shall mean the spray application of water to a workpiece immediately following extrusions for the purpose of heat treatment.
(j) The term “heat treatment” shall mean the application or removal of heat to a workpiece to change the physical properties of the metal.
(k) The term “pickling bath” shall mean any chemical bath (other than alkaline cleaning) through which a workpiece is processed.
(l) The term “pickling fume scrubber” shall mean the process of using an air pollution control device to remove particulates and fumes from air above a pickling bath by entraining the pollutants in water.
(m) The term “pickling rinse” shall mean a rinse, other than an alkaline cleaning rinse, through which a workpiece is processed. A rinse consisting of a series of rinse tanks is considered as a single rinse.
(n) The term “off-kilogram (off-pound)” shall mean the mass of copper or copper alloy removed from a forming or ancillary operation at the end of a process cycle for transfer to a different machine or process.
(o) The term “rolling” shall mean the reduction in the thickness or diameter of a workpiece by passing it between rollers.
(p) The term “solution heat treatment” shall mean the process introducing a workpiece into a quench bath for the purpose of heat treatment following rolling, drawing or extrusion.
(q) The term “spent lubricant” shall mean water or an oil-water mixture which is used in forming operations to reduce friction, heat and wear and ultimately discharged.
(r) The term “Total Toxic Organics (TTO)” shall mean the sum of the masses or concentrations of each of the following toxic organic compounds which is found at a concentration greater than 0.010 mg/l.
(s) The term “alkaline cleaning rinse for forged parts” shall mean a rinse following an alkaline cleaning bath through which a forged part is processed. A rinse consisting of a series of rinse tanks is considered as a single rinse.
(t) The term “pickling rinse for forged parts” shall mean a rinse, other than an alkaline cleaning rinse, through which forged parts are processed. A rinse consisting of a series of rinse tanks is considered as a single rinse.
(u) The term “tumbling or burnishing” shall mean the process of polishing, deburring, removing sharp corners, and generally smoothing parts for both cosmetic and functional purposes, as well as the process of washing the finished parts and cleaning the abrasion media.
(v) The term “surface coating” shall mean the process of coating a copper workpiece as well as the associated surface finishing and flattening.
(w) The term “miscellaneous waste stream” shall mean the following additional waste streams related to forming copper: hydrotesting, sawing, surface milling, and maintenance.
(x) The term “precious metals” shall mean gold, platinum, palladium and silver and their alloys. Any alloy containing 30 or greater percent by weight of precious metals is considered a precious metal.
(y) The term “beryllium copper alloy” shall mean any copper alloy that is alloyed to contain 0.10 percent or greater beryllium.
The following special monitoring requirements apply to all facilities controlled by this regulation.
(a) The “monthly average” regulatory values shall be the basis for the monthly average discharge in direct discharge permits and for pretreatment standards. Compliance with the monthly discharge limit is required regardless of the number of samples analyzed and averaged.
(b) As an alternate monitoring procedure for TTO, indirect dischargers may monitor for oil and grease and meet the alternate monitoring standards for oil and grease established for PSES and PSNS. Any indirect discharger meeting the alternate monitoring oil and grease standards shall be considered to meet the TTO standard.
The compliance date for pretreatment standards for existing sources is August 15, 1986.
This subpart applies to discharges of pollutants to waters of the United States, and introduction of pollutants into publicly owned treatment works from the forming of copper and copper alloys except beryllium copper alloys.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available:
(a) Subpart A—Hot Rolling Spent Lubricant BPT Effluent Limitations.
(b) Subpart A—Cold Rolling Spent Lubricant BPT Effluent Limitations.
(c) Subpart A—Drawing Spent Lubricant BPT Effluent Limitations.
(d) Subpart A—Solution Heat Treatment BPT Effluent Limitations.
(e) Subpart A—Extrusion Heat Treatment BPT Effluent Limitations.
(f) Subpart A—Annealing With Water BPT Effluent Limitations.
(g) Subpart A—Annealing With Oil BPT Effluent Limitations.
(h) Subpart A—Alkaline Cleaning Rinse BPT Effluent Limitations.
(i) Subpart A—Alkaline Cleaning Rinse for Forged Parts BPT Effluent Limitations.
(j) Subpart A—Alkaline Cleaning Bath BPT Effluent Limitations.
(k) Subpart A—Pickling Rinse BPT Effluent Limitations.
(l) Subpart A—Pickling Rinse for Forged Parts BPT Effluent Limitations.
(m) Subpart A—Pickling Bath BPT Effluent Limitations.
(n) Subpart A—Pickling Fume Scrubber BPT Effluent Limitations.
(o) Subpart A—Tumbling or Burnishing BPT Effluent Limitations.
(p) Subpart A—Surface Coating BPT Effluent Limitations.
(q) Subpart A—Miscellaneous Waste Streams BPT Effluent Limitations.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a) Subpart A—Hot Rolling Spent Lubricant BAT Effluent Limitations.
(b) Subpart A—Cold Rolling Spent Lubricant BAT Effluent Limitations.
(c) Subpart A—Drawing Spent Lubricant BAT Effluent Limitations.
(d) Subpart A—Solution Heat Treatment BAT Effluent Limitations.
(e) Subpart A—Extrusion Heat Treatment BAT Effluent Limitations.
(f) Subpart A—Annealing with Water BAT Effluent Limitations.
(g) Subpart A—Annealing with Oil BAT Effluent Limitations.
(h) Subpart A—Alkaline Cleaning Rinse BAT Effluent Limitations.
(i) Subpart A—Alkaline Cleaning Rinse for Forged Parts BAT Effluent Limitations.
(j) Subpart A—Alkaline Cleaning Bath BAT Effluent Limitations.
(k) Subpart A—Pickling Rinse BAT Effluent Limitations.
(l) Subpart A—Pickling Rinse for Forged Parts BAT Effluent Limitations.
(m) Subpart A—Pickling Bath BAT Effluent Limitations.
(n) Subpart A—Pickling Fume Scrubber BAT Effluent Limitations.
(o) Subpart A—Tumbling or Burnishing BAT Effluent Limitations.
(p) Subpart A—Surface Coating BAT Effluent Limitations.
(q) Subpart A—Miscellaneous Waste Streams BAT Effluent Limitations.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
(a) Subpart A—Hot Rolling Spent Lubricant NSPS.
(b) Subpart A—Cold Rolling Spent Lubricant NSPS.
(c) Subpart A—Drawing Spent Lubricant NSPS.
(d) Subpart A—Solution Heat Treatment NSPS.
(e) Subpart A—Extrusion Heat Treatment NSPS.
(f) Subpart A—Annealing with Water NSPS.
(g) Subpart A—Annealing with Oil NSPS.
(h) Subpart A—Alkaline Cleaning Rinse NSPS.
(i) Subpart A—Alkaline Cleaning Rinse for Forged Parts NSPS.
(j) Subpart A—Alkaline Cleaning Bath NSPS.
(k) Subpart A—Pickling Rinse NSPS.
(l) Subpart A—Pickling Rinse for Forged Parts NSPS.
(m) Subpart A—Pickling Bath NSPS.
(n) Subpart A—Pickling Fume Scrubber NSPS.
(o) Subpart A—Tumbling or Burnishing NSPS.
(p) Subpart A—Surface Coating NSPS.
(q) Subpart A—Miscellaneous Waste Streams NSPS.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources:
(a) Subpart A—Hot Rolling Spent Lubricant PSES.
(b) Subpart A—Cold Rolling Spent Lubricant PSES.
(c) Subpart A—Drawing Spent Lubricant PSES.
(d) Subpart A—Solution Heat Treatment PSES.
(e) Subpart A—Extrusion Heat Treatment PSES.
(f) Subpart A—Annealing with Water PSES.
(g) Subpart A—Annealing With Oil PSES.
(h) Subpart A—Alkaline Cleaning Rinse PSES.
(i) Subpart A—Alkaline Cleaning Rinse for Forged Parts PSES.
(j) Subpart A—Alkaline Cleaning Bath PSES.
(k) Subpart A—Pickling Rinse PSES.
(l) Subpart A—Pickling Rinse for Forged Parts PSES.
(m) Subpart A—Pickling Bath PSES.
(n) Subpart A—Pickling Fume Scrubber PSES
(o) Subpart A—Tumbling or Burnishing PSES.
(p) Subpart A—Surface Coating PSES.
(q) Subpart A—Miscellaneous Waste Streams PSES.
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment sources for new sources:
(a) Subpart A—Hot Rolling Spent Lubricant PSNS.
(b) Subpart A—Cold Rolling Spent Lubricant PSNS.
(c) Subpart A—Drawing Spent Lubricant PSNS.
(d) Subpart A—Solution Heat Treatment PSNS.
(e) Subpart A—Extrusion Heat Treatment PSNS.
(f) Subpart A—Annealing with Water PSNS.
(g) Subpart A—Annealing With Oil PSNS.
(h) Subpart A—Alkaline Cleaning Rinse PSNS.
(i) Subpart A—Alkaline Cleaning Rinse for Forged Parts PSNS.
(j) Subpart A—Alkaline Cleaning Bath PSNS.
(k) Subpart A—Pickling Rinse PSNS.
(l) Subpart A—Pickling Rinse for Forged Parts PSNS.
(m) Subpart A—Pickling Bath PSNS.
(n) Subpart A—Pickling Fume Scrubber PSNS.
(o) Subpart A—Tumbling or Burnishing PSNS.
(p) Subpart A—Surface Coating PSNS.
(q) Subpart A—Miscellaneous Waste Streams PSNS.
This subpart applies to discharges of pollutants to waters of the United States, and introduction of pollutants into publicly owned treatment works from the forming of beryllium copper alloys.
Secs. 301, 304, 306, 307, 308, and 501 of the Clean Water Act (the Federal
The provisions of this subpart are applicable to discharges resulting from all process operations associated with the manufacture of semiconductors, except sputtering, vapor deposition, and electroplating.
The compliance deadline for the BAT fluoride limitation shall be as soon as possible as determined by the permit writer, but no later than November 8, 1985. The compliance deadline for the BAT and BCT limitations for total toxic organics (TTO) and pH, respectively, is as soon as possible as determined by the permit writer, but in no event later than July 1, 1984. The compliance date for PSES for TTO is July 1, 1984.
The definitions in 40 CFR part 401 and the chemical analysis methods in 40 CFR part 136 apply to this subpart.
(a) The term “total toxic organics (TTO)” means the sum of the concentrations for each of the following toxic organic compounds which is found in the discharge at a concentration greater than ten (10) micrograms per liter:
(b) The term “semiconductors” means solid state electrical devices which perform functions such as information processing and display, power handling, and interconversion between light energy and electrical energy.
(c) The term “manufacture of semiconductors” means those processes, beginning with the use of crystal wafers, which lead to or are associated with the manufacture of semiconductor devices.
(a) In lieu of monitoring for TTO, the permitting authority may allow direct dischargers to include the following certification as a “comment” on the Discharge Monitoring Report required by § 122.44 (i), formerly § 122.62(i): “Based on my inquiry of the person or persons directly responsible for managing compliance with the permit limitation for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the wastewaters has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the solvent management plan submitted to the permitting authority.”
(b) In requesting that no monitoring of TTO be required, the direct discharger shall submit a solvent management plan that specifies to the permitting authority's satisfaction the toxic organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and procedures for assuring that toxic organics do not routinely spill or leak into the wastewater. The permitting authority shall incorporate the plan as a provision of the permit.
(c) In lieu of monitoring for TTO, the control authority may allow industrial users of POTWs to make the following certification as a comment to the periodic reports required by § 403.12(e): “Based on my inquiry of the person or
(d) In requesting that no monitoring be required, industrial users of POTWs shall submit a solvent management plan that specifies to the control authority's satisfaction the toxic organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and procedures for assuring that toxic organics do not routinely spill or leak into the wastewater.
Except as provided in 40 CFR 125.30 through 125.32 any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 125.32 any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES):
(a)
(b) An existing source submitting a certification in lieu of monitoring pursuant to § 469.13 (c) and (d) of this regulation must implement the solvent management plan approved by the control authority.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS).
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS):
(a)
(b) A new source submitting a certification in lieu of monitoring pursuant to § 469.13 (c) and (d) of this regulation must implement the solvent management plan approved by the control authority.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollution control technology (BCT):
(a) The provisions of this subpart are applicable to discharges resulting from the manufacture of electronic crystals.
The compliance date for the BAT fluoride limitation is as soon as possible as determined by the permit writer but in no event later than November 8, 1985. The compliance date for PSES for total toxic organics (TTO) is July 1, 1984 and for arsenic is November 8, 1985.
The definitions in 40 CFR part 401 and the chemical analysis methods in 40 CFR part 136 apply to this subpart. In addition,
(a) The term “total toxic organics (TTO)” means the sum of the concentrations for each of the following toxic organic compounds which is found in the discharge at a concentration greater than ten (10) micrograms per liter:
(b) The term “electronic crystals” means crystals or crystalline material which because of their unique structural and electronic properties are used in electronic devices. Examples of these crystals are crystals comprised of quartz, ceramic, silicon, gallium arsenide, and idium arsenide.
(c) The term “manufacture of electronic crystals” means the growing of crystals and/or the production of crystal wafers for use in the manufacture of electronic devices.
The certification alternative to monitoring for Total Toxic Organics (TTO) described in § 469.13 (a), (b), (c), and (d) is applicable to this subpart.
Except as provided in 40 CFR 125.30 through 32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
Except as provided in 40 CFR 125.30 through 32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically available (BAT):
(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES):
(b) An existing source submitting a certification in lieu of monitoring pursuant to § 469.13 (c) and (d) of this regulation must implement the solvent management plan approved by the control authority.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS):
(a)
(b) A new source submitting a certification in lieu of monitoring pursuant to § 469.13(c) and (d) of this regulation must implement the solvent management plan approved by the control authority.
Except as provided in 40 CFR 125.30 through 32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollution control technology (BCT):
Secs. 301, 304, 306, 307, 308, 309, and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977, 33 U.S.C. 1311, 1314, 1316, 1317, 1318, and
(a) The provisions of this subpart are applicable to discharges resulting from the manufacture of cathode ray tubes.
(b) The compliance deadline for PSES shall be no later than July 14, 1986.
The definitions in 40 CFR part 401 and the chemical analysis methods in 40 CFR part 136 apply to this subpart. In addition,
(a) The term “cathode ray tubes” means electronic devices in which electrons focus through a vacuum to generate a controlled image on a luminescent surface. This definition does not include receiving and transmitting tubes.
(b) The term “total toxic organics (TTO)” means the sum of the concentrations for each of the following toxic organic compounds which is found in the discharge at a concentration greater than ten (10) micrograms per liter:
The certification alternative to monitoring for TTO specified in § 469.13 (a), (b), (c) and (d), is applicable to this subpart.
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES):
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS):
Secs. 301, 304, 306, 307, 308, 309, and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977, 33 U.S.C. 1311, 1314, 1316, 1317, 1318, and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217).
The provisions of this subpart are applicable to discharges resulting from the manufacture of luminescent materials.
The definitions in 40 CFR part 401 and the chemical analysis methods in 40 CFR part 136 apply to this subpart. In addition,
(a) The term “luminescent materials” shall mean materials that emit light upon excitation by such energy sources as photons, electrons, applied voltage, chemical reactions or mechanical energy and which are specifically used as coatings in fluorescent lamps and cathode ray tubes. Luminescent materials include, but are not limited to, calcium halophosphate, yttrium oxide, zinc sulfide, and zinc-cadmium sulfide.
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS):
Secs. 301, 304(b), (c), (e), and (g), 306(b) and (c), 307, 308, and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314(b), (c), (e), and (g), 1316(b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
(a) This part applies to discharges of pollutants to waters of the United States and introduction of pollutants into a publicly owned treatment works from the forming of nonferrous metals (including nonferrous metal alloys), except beryllium, copper, and aluminum and their alloys. Aluminum alloys are defined as any alloy in which aluminum is the major constituent in percent by weight. Copper alloys are defined as any alloy in which copper is the major constituent in percent by weight except when copper is alloyed with precious metals. Any copper-precious metal alloy containing 30 percent or greater precious metal is considered a precious metal alloy for the purposes of this part. Beryllium alloys are any alloy in which beryllium is present at 0.1 percent or greater. This part applies to:
(1) Forming operations, including rolling (both hot and cold), extruding,
(2) Ancillary operations performed as an integral part of the forming of these metals, including casting for subsequent forming, heat treatment, surface treatment, alkaline cleaning, solvent degreasing, product testing, surface coating, sawing, grinding, tumbling, burnishing, and wet air pollution control.
(b) This part also applies to discharges of pollutants to waters of the United States and introduction of pollutants into a publicly owned treatment works from mechanical metal powder production operations, forming of parts from metal powders, and associated ancillary operations (listed in paragraph (a)(2) of this section) of:
(1) Iron, copper, and aluminum, and their alloys; and
(2) The nonferrous metals and their alloys described in paragraph (a) of this section. This part does not regulate the production of metal powders by chemical means such as precipitation. The production of metal powder as the final step in refining metal is regulated under the Nonferrous Metals Manufacturing Point Source Category regulation, 40 CFR part 421.
(c) Surface treatment includes any chemical or electrochemical treatment applied to the surface of the metal. For the purposes of this regulation, surface treatment of metals is considered to be an integral part of the forming of metals whenever it is performed at the same plant site at which the metals are formed. Such surface treatment operations are not regulated under the Electroplating or Metal Finishing Point Source Category regulations, 40 CFR part 413 or 433, respectively.
(d) Casting is covered by this part when it is performed as an integral part of the metal forming process and takes place at the same plant site at which metals are formed. Such casting will not be regulated under the provisions of Metal Molding and Casting Point Source Category regulations, 40 CFR part 464.
(e) This part does not apply to the forming of the metals cadmium, chromium, gallium, germanium, indium, lithium, manganese, neodymium, or praseodymium.
In addition to the definitions set forth in 40 CFR part 401, the following definitions apply to this part:
(a) “Nonferrous metal” is any pure metal other than iron or any metal alloy for which a metal other than iron is its major constituent in percent by weight.
(b) “Forming” is a set of manufacturing operations in which metals and alloys are made into semifinished products by hot or cold working.
(c) “Alkaline cleaning” uses a solution (bath), usually detergent, to remove lard, oil, and other such compounds from a metal surface. Alkaline cleaning is usually followed by a water rinse. The rinse may consist of single or multiple stage rinsing. For the purposes of this part, an alkaline cleaning operation is defined as a bath followed by a rinse, regardless of the number of rinse stages. Each alkaline cleaning bath and rinse combination is entitled to a discharge allowance.
(d) “Atomization” is the process in which a stream of water or gas impinges upon a molten metal stream, breaking it into droplets which solidify as powder particles.
(e) “Burnishing” is a surface finishing process in which minute surface irregularities are displaced rather than removed.
(f) “Casting” is pouring molten metal into a mold to produce an object of desired shape.
(g) “Cladding” or “metal cladding” is the art of producing a composite metal containing two or more layers that have been metallurgically bonded together by roll bonding (co-rolling), solder application (or brazing), or explosion bonding.
(h) “Contact cooling water” is any wastewater which contacts the metal workpiece or the raw materials used in forming metals for the purpose of removing heat from the metal.
(i) “Continuous casting” is the production of sheet, rod, or other long shapes by solidifying the metal while it is being poured through an open-ended mold.
(j) “Degreasing” is the removal of oils and greases from the surface of the metal workpiece. This process can be
(k) “Direct chill casting” is the pouring of molten nonferrous metal into a water-cooled mold. Contact cooling water is sprayed onto the metal as it is dropped into the mold, and the metal ingot falls into a water bath at the end of the casting process.
(l) “Drawing” is the process of pulling a metal through a die or succession of dies to reduce the metal's diameter or alter its cross-sectional shape.
(m) “Dye penetrant testing” is a nondestructive method for finding discontinuities that are open to the surface of the metal. A dye is applied to the surface of metal and the excess is rinsed off. Dye that penetrates surface discontinuities will not be rinsed away thus marking these discontinuities.
(n) “Emulsions” are stable dispersions of two immiscible liquids. In the Nonferrous Metals Forming and Metal Powders Point Source category, this is usually an oil and water mixture.
(o) “Electrocoating” is the electrodeposition of a metallic or nonmetallic coating onto the surface of a workpiece.
(p) “Extrusion” is the application of pressure to a billet of metal, forcing the metal to flow through a die orifice.
(q) “Forging” is deforming metal, usually hot, with compressive force into desired shapes, with or without dies. Where dies are used, the metal is forced to take the shape of the die.
(r) “Grinding” is the process of removing stock from a workpiece by the use of a tool consisting of abrasive grains held by a rigid or semi-rigid grinder. Grinding includes surface finishing, sanding, and slicing.
(s) “Heat treatment” is the application of heat of specified temperature and duration to change the physical properties of the metal.
(t) “Hot pressing” is forming a powder metallurgy compact at a temperature high enough to effect concurrent sintering.
(u) “Hydrotesting” is the testing of piping or tubing by filling with water and pressurizing to test for integrity.
(v) “Impregnation” is the process of filling pores of a formed powder part, usually with a liquid such as a lubricant, or mixing particles of a nonmetallic substance in a matrix of metal powder.
(w) “In-process control technology” is the conservation of chemicals and water throughout the production operations to reduce the amount of wastewater to be discharged.
(x) “Metal powder production” operations are mechanical process operations which convert metal to a finely divided form.
(y) “Milling” is the mechanical treatment of a nonferrous metal to produce powder, or to coat one component of a powder mixture with another.
(z) “Neat oil” is a pure oil with no or few impurities added. In nonferrous metals forming, its use is mostly as a lubricant.
(aa) “Powder forming” includes forming and compressing powder into a fully dense finished shape, and is usually done within closed dies.
(bb) “Precious metals” include gold, platinum, palladium, and silver and their alloys. Any alloy containing 30 or greater percent by weight of precious metals is considered a precious metal alloy.
(cc) “Product testing” includes operations such as dye penetrant testing, hydrotesting, and ultrasonic testing.
(dd) “Refractory metals” includes the metals of columbium, tantalum, molybdenum, rhenium, tungsten and vanadium and their alloys.
(ee) “Rolling” is the reduction in thickness or diameter of a workpiece by passing it between lubricated steel rollers.
(ff) “Roll bonding” is the process by which a permanent bond is created between two metals by rolling under high pressure in a bonding mill (co-rolling).
(gg) “Sawing” is cutting a workpiece with a band, blade, or circular disc having teeth.
(hh) “Shot casting” is the production of shot by pouring molten metal in finely divided streams to form spherical particles.
(ii) “Stationary casting” is the pouring of molten metal into molds and allowing the metal to cool.
(jj) “Surface treatment” is a chemical or electrochemical treatment applied to the surface of a metal. Such treatments include pickling, etching,
(kk) “Swaging” is a process in which a solid point is formed at the end of a tube, rod, or bar by the repeated blows of one or more pairs of opposing dies.
(ll) “Tube reducing” is an operation which reduces the diameter and wall thickness of tubing with a mandrel and a pair of rolls with tapered grooves.
(mm) “Tumbling” or “barrel finishing” is an operation in which castings, forgings, or parts pressed from metal powder are rotated in a barrel with ceramic or metal slugs or abrasives to remove scale, fins, or burrs. It may be done dry or with an aqueous solution.
(nn) “Ultrasonic testing” is a nondestructive test which applies sound, at a frequency above about 20 HJz, to metal, which has been immersed in liquid (usually water) to locate inhomogeneities or structural discontinuities.
(oo) “Wet air pollution control scrubbers” are air pollution control devices used to remove particulates and fumes from air by entraining the pollutants in a water spray.
(pp) “Grab sample” is a single sample which is collected at a time and place most representative of total discharge.
(qq) “Composite sample” is a sample composed of no less than eight grab samples taken over the compositing period.
(rr) A “flow proportional composite sample” is composed of grab samples collected continuously or discretely in proportion to the total flow at time of collection or to the total flow since collection of the previous grab sample. The grab volume or frequency of grab collection may be varied in proportion to flow.
(ss) The term “control authority” is defined as the POTW if it has an approved pretreatment program; in the absence of such a program, the NPDES State if it has an approved pretreatment program or EPA if the State does not have an approved program.
(tt) “Continuous operations” means that the industrial user introduces regulated wastewaters to the POTW throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.
(uu) “Intermittent operations” means the industrial users does not have a continuous operation.
(vv) The term “off-kg (off-lb)” means the mass of metal or metal alloy removed from a forming operation at the end of a process cycle for transfer to a different machine or process.
The compliance date for PSES under this regulation is August 23, 1988.
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the lead-tin-bismuth forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h) Continuous strip casting contact cooling water.
(i)
(j)
(k)
(l)
(m)
(n)
(o)
Any new source subject to this subpart must achieve the following new source performance standards. The mass of pollutants in the lead-tin-bismuth forming operations’ process wastewater shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988, achieve the pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in lead-tin-bismuth forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
Except as provided in 40 CFR 403.7, any new sources subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in lead-tin-bismuth forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the magnesium forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Any new source subject to this subpart must achieve the following new source performance standards. The mass of pollutants in the magnesium forming process wastewater shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988 achieve the following pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in magnesium forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). The mass of wastewater pollutants in magnesium forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the nickel-cobalt forming subcategory.
Except as provided in 40 CFR 125.30-125.32, any existing point source sub-
(a)
(b)
(c)
(d)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (d)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of N-nitrosodimethylamine, 0.020 mg/l of N-nitrosodiphenylamine, and 0.020 mg/l of N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (d)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in paragraph (d)(2) of this section, the actions described in paragraph (d)(4) of this section shall be taken, and the demonstration required under paragraph (d)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in paragraph (d)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (d)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (d)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (d)(2) of this section and demonstrates to the satisfaction of the NPDES issuing authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (d)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (d)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of N-nitrosodimethylamine, 0.020 mg/l of N-nitrosodiphenylamine, and 0.020 mg/l of N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (d)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in subparagraph (d)(2) of this section, the actions described in paragraph (d)(4) of this section shall be taken, and the demonstration required
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in subparagraph (d)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (d)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (d)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (d)(2) of this section and demonstrates to the satisfaction of the NPDES issuing authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (d)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS). The mass of pollutants in the nickel-cobalt forming process wastewater shall not exceed the following values:
(a)
(b)
(c)
(d)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (d)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of -N-nitrosodimethylamine, 0.020 mg/l of -N-nitrosodiphenylamine, and 0.020 mg/l of -N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (d)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in paragraph (d)(2) of this section, the actions described in paragraph (d)(4) of this section shall be taken, and the demonstration required under paragraph (d)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in paragraph (d)(2) of
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (d)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (d)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (d)(2) of this section and demonstrates to the satisfaction of the NPDES issuing authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (d)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988 achieve the following pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in nickel-cobalt forming wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (d)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of -N-nitrosodimethylamine, 0.020 mg/l of -N-nitrosodiphenylamine, and 0.020 mg/l of -N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (d)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in paragraph (d)(2) of this section, the actions described in paragraph (d)(4) of this section shall be taken, and the demonstration required under paragraph (d)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in paragraph (d)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (d)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (d)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (d)(2) of this section and demonstrates to the satisfaction of the POTW control authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (d)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in nickel-cobalt forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (d)(2) of this section
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of -N-nitrosodimethylamine, 0.020 mg/l of -N-nitrosodiphenylamine, and 0.020 mg/l of N-nitrosodi-n-propylamine.
(3) The demonstration required under subparagraph (d)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in paragraph (d)(2) of this section, the actions described in paragraph (d)(4) of this section shall be taken, and the demonstration required under paragraph (d)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in subparagraph (d)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (d)(2) of this section (2); or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (d)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in subparagraph (2) above and demonstrates to the satisfaction of the POTW control authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (d)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the precious metals forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1985 achieve the following pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in precious metals forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). The mass of wastewater pollutants in precious metals forming wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the refractory metals forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988 achieve the following pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in refractory metals forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). The mass of wastewater pollutants in the refractory metals forming process wastewater shall not exceed the values set forth below:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the titanium forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS). The discharge of wastewater pollutants from titanium process wastewater shall not exceed the values set forth below:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988 achieve the following pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in titanium forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). The mass of wastewater pollutants in the titanium forming process wastewater shall not exceed the values set forth below:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the uranium forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best praticable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS). The mass of pollutants in the uranium forming process wastewater shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). The mass of wastewater pollutants in uranium forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the zinc forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS). The mass of the wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the zirconium-hafnium forming subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (g)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of N-nitrosodimethylamine, 0.020 mg/l of N-nitrosodiphenylamine, and 0.020 mg/l of N-nitrosodi-n-propylamine.
(3) The demonstration required under subparagraph (g)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in subparagraph (g)(2) of this section, the actions described in paragraph (g)(4), of this section shall be taken, and the demonstration required under paragraph (g)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in subparagraph (g)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (g)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (g)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (g)(2) of this section and demonstrates to the satisfaction of the NPDES issuing authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (g)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (g)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of N-nitrosodimethylamine, 0.020 mg/l of N-nitrosodiphenylamine, and 0.020 mg/l of N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (g)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in paragraph (g)(2) of this section, the actions described in paragraph (g)(4) of this section shall be taken, and the demonstration required under paragraph (g)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in paragraph (g)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (g)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (g)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (g)(2) of this section and demonstrates to the satisfaction of the NPDES issuing authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (g)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS). The mass of pollutant in the zirconium-hafnium process wastewater shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (g)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of N-nitrosodimethylamine, 0.020 mg/l of N-nitrosodiphenylamine, and 0.020 mg/l of N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (g)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in paragraph (g)(2) of this section, the actions described in paragraph (g)(4) of this section shall be taken, and the demonstration required under paragraph (g)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (g)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (g)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (g)(2) of this section and demonstrates to the satisfaction of the NPDES issuing authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (g)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988 achieve the following preteatment standards for existing sources (PSES). The mass of wastewater pollutants in zirconium-hafnium forming process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (g)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of -N-nitrosodimethylamine, 0.020 mg/l of -N-nitrosodiphenylamine, and 0.020 mg/l -of N-nitrosodi-n-propylamine.
(3) The demonstration required under paragraph (g)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in subparagraph (g)(2) of this section, the actions described in paragraph (g)(4) of this section shall be taken, and the demonstration required under subparagraph (g)(2) of this section shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in subparagraph (g)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (g)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (g)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (g)(2) of this section and demonstrates to the satisfaction of the POTW control authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (g)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has been commingled with other wastewaters is permitted if:
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1) There shall be no discharge of process wastewater pollutants except as provided under paragraph (g)(2) of this section.
(2) Process wastewater pollutants may be discharged, with no allowance for any pollutants discharged, provided the facility owner or operator demonstrates, on the basis of analytical methods set forth in or approved pursuant to 40 CFR part 136, that the concentrations of nitrosamine compounds in the wastewater discharged from the tube reducing process do not exceed 0.050 mg/l of -N-nitrosodimethylamine, 0.020 mg/l of -N-nitrosodiphenylamine, and 0.020 mg/l -of N-nitrosodi-n-propylamine.
(3) The demonstration required under subparagraph (g)(2) of this section shall be made once per month until the demonstration has been made for all three nitrosamine compounds for six consecutive months, after which time the demonstration may be made once per quarter. If a sample is found to contain any of the foregoing nitrosamine compounds at concentrations greater than those specified in subparagraph (g)(2) of this section, the actions described in paragraph (g)(4) of this section shall be taken, and the demonstration required under paragraph (g)(2) shall be made once per month until it has been made for all three nitrosamine compounds for six consecutive months.
(4) If sampling results show that any of the foregoing nitrosamine compounds is present in the process wastewater at concentrations greater than those specified in subparagraph (g)(2) of this section, the facility owner or operator shall ensure that, within thirty days of receiving written notification of the sampling results, there is no further discharge of tube reducing spent lubricant wastewater until the owner or operator:
(i) Performs a subsequent analysis which demonstrates that the concentrations of the foregoing nitrosamine compounds do not exceed the levels specified in paragraph (g)(2) of this section; or
(ii) Substitutes a new tube reducing lubricant and thereafter complies with the requirements of paragraph (g)(3) of this section; or
(iii) Determines the source of the pollutant whose concentration exceeded the level specified in paragraph (g)(2) of this section and demonstrates to the satisfaction of the POTW control authority that such source has been eliminated.
(5) The concentration limits specified in paragraph (g)(2) of this section apply at the point of discharge from the tube reducing process. However, sampling after the tube reducing wastewater has
(i) Any dilution caused by the other wastewaters is taken into account in determining the appropriate (i.e., lower) allowable discharge concentration; and
(ii) An analytical method of sufficient sensitivity is used to measure the levels of each of the foregoing nitrosamine compounds in the wastewaters being sampled.
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
This subpart applies to discharges of pollutants to waters of the United States, and introductions of pollutants into publicly owned treatment works from the process operations of the metal powders subcategory.
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations for the process operations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Any new source subject to this subpart must achieve the following new source performance standards (NSPS). The mass of pollutants in the metal powder process wastewater shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and by August 23, 1988 achieve the following pretreatment standards for existing sources (PSES). The mass of wastewater pollutants in metal powders process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Except as provided in 40 CFR 403.7, any new source subject to this subject which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources. The mass of wastewater pollutants in metal powders process wastewater introduced into a POTW shall not exceed the following values:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
33 U.S.C. 1251
(a) These regulations are promulgated under the authority of sections 101(e), 405(f), 501(a), and 518(e) of the CWA, and implement the requirements of those sections.
(b) This part specifies the procedures EPA will follow in approving, revising, and withdrawing State sludge management programs under section 405(f), and the requirements State programs must meet to be approved by the Administrator under section 405(f) of CWA. Sludge Management Program submissions may be developed and implemented under any existing or new State authority or authorities as long as they meet the requirements of this part.
(c) Any complete State Sludge Management Program submitted for approval under this part shall have the following as a minimum:
(1) The authority to require compliance by any person who uses or disposes of sewage sludge with standards for sludge use or disposal issued under section 405(d) of the CWA, including compliance by federal facilities;
(2) The authority to issue permits that apply, and ensure compliance with, the applicable requirements of section 405 of the Clean Water Act to any POTW or other treatment works treating domestic sewage, and procedures for issuance of such permits;
(3) Provisions for regulating the use or disposal of sewage sludge by non-permittees;
(4) The authority to take actions to protect public health and the environment from any adverse effects that may occur from toxic pollutants in sewage sludge; and
(5) The authority to abate violations of the State sludge program, including civil and criminal penalties and other ways and means of enforcement. Indian Tribes can satisfy criminal enforcement authority requirements under § 501.25.
(d) In addition, any complete State Sludge Management Program submitted for approval under this part must have authority to regulate all sewage sludge management activities subject to 40 CFR part 503, unless the State is applying for partial sludge program approval in accordance with
(1) Land application;
(2) Landfilling in a Municipal Solid Waste Landfill regulated under 40 CFR part 258;
(3) Incineration;
(4) Surface disposal; and
(5) Any other sludge use or disposal practices that may subsequently be regulated by 40 CFR part 503.
(e) The Administrator will approve State programs which conform to the applicable requirements of this part.
(f)(1) Upon approval of a State program, the Administrator will suspend the issuance of federal permits for those activities subject to the approved State program. After program approval EPA will retain jurisdiction over any permits (including general permits) which it has issued unless arrangements have been made with the State in the Memorandum of Agreement for the State to assume responsibility for these permits. Retention of jurisdiction will include the processing of any permit appeals, modification requests, or variance requests; the conduct of inspections, and the receipt and review of self-monitoring reports. If any permit appeal, modification request, or variance request is not finally resolved when the federally issued permit expires, EPA may, with the consent of the State, retain jurisdiction until the matter is resolved.
(2) The procedures outlined in the preceding paragraph (f)(1) of this section for the suspension of permitting authority and transfer of existing permits will also apply when EPA approves an Indian Tribe's application to operate a State sludge management program and a State was the authorized permitting authority under § 501.13 for sludge management activities within the scope of the newly approved program. The authorized State will retain jurisdiction over its existing permits as described in paragraph (f)(1) of this section absent a different arrangement stated in the Memorandum of Agreement executed between EPA and the Tribe.
(g) Notwithstanding approval of a State sludge program, EPA has the authority to take enforcement actions for any violations of this part or sections 405 or 309 of the CWA.
(h) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this part.
(i) Nothing in this part precludes a State or political subdivision thereof, or interstate agency, from adopting or enforcing requirements established by State or local law that are more stringent or more extensive than those required in this part or in any other federal statute or regulation.
(j) Nothing in this part precludes a State from operating a program with a greater scope of coverage than that required under this part. If an approved State program has greater scope of coverage than required by federal law, the additional coverage is not part of the federally approved program.
(k) Sections 106 (a) and (d) of the Marine Protection, Research, and Sanctuaries Act (MPRSA), 33 U.S.C. 1416, generally preclude States from regulating or issuing permits for ocean dumping. Nothing in this regulation is intended to confer on the States the authority to engage in the regulation or permitting of ocean dumping in contravention of the provisions of sections 106 (a) and (d) of the MPRSA.
(l) The Administrator may allow a State sewage sludge management agency to assign portions of its program responsibilities to local agencies, provided that:
(1) No assignment is made to a local agency which owns or operates a POTW or other facility that treats or disposes of sewage sludge;
(2) The program description required by § 501.12 of this part identifies any assignment of program responsibilities to the local agency(ies), describes the capabilities of the local agency to carry out assigned functions, and includes copies of any documents which execute the assignment and an agreement between the State sewage sludge management agency and the local agency(ies) defining their respective program responsibilities;
(3) The Attorney General's Statement required by § 501.13 of this part
(4) The Memorandum of Agreement (MOA) required by § 501.14 of this part includes adequate provisions for the State sewage sludge management agency's oversight of the program responsibilities assigned to the local agency(ies);
(5) The State sewage sludge management agency retains all responsibility for the program reporting required by § 501.21 of this part and for all other activities required by this part or by the MOA related to EPA oversight of the State's approved program; and
(6) The State sewage sludge management agency retains full authority and ultimate responsibility for administering all aspects of the State's approved program in accordance with the requirements of this part and the MOA.
(m) A State whose sludge management program has not been approved under this part may submit to the Regional Administrator an application for approval of a partial sewage sludge program. The following are the requirements for approval of a partial program:
(1) A partial program submission must constitute a complete management program covering one or more categories of sewage sludge use or disposal. The program must also apply to anyone engaged in the sewage sludge use or disposal practice that is the subject of the partial program. A complete management program is one that provides for the issuance of permits, the monitoring of compliance and, in the event of violations, possible enforcement action.
(2) The partial program submission must also address the following requirements:
(i) The Attorney General's Statement, in addition to the information required by § 501.13, must clearly explain the jurisdiction of the administering agency or department;
(ii) The program description, in addition to the information required by § 501.12, must explain how the program will operate, including which use and disposal practice(s) the State will cover. The program description must also explain the relationship and coordination between the proposed partial sewage sludge program and that part of the program for which EPA will remain the permitting authority, including a discussion of the division of permitting, enforcement, and compliance monitoring responsibilities between the State and EPA; and
(iii) The Memorandum of Agreement between EPA and the State, in addition to the information required by § 501.14, must set out the responsibilities of EPA and the State in administering the partial program, including specific provisions for transfer of information and determination of which users or disposers of sewage sludge are included in the partial program.
Issuance of State permits under this part may be coordinated with issuance of RCRA, UIC, NPDES, 404 and other permits whether they are controlled by the State, EPA, or the Corps of Engineers. (See for example 40 CFR 124.4 for procedures for coordinating permit issuance.)
(a) Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. The submission shall contain the following:
(1) A letter from the Governor of the State (or in the case of an Indian Tribe in accordance with § 501.24(b), the Tribal authority exercising powers substantially similar to those of a State Governor) requesting program approval;
(2) A complete program description, as required by § 501.12 describing how the State intends to carry out its responsibilities under this part;
(3) An Attorney General's Statement as required by § 501.13;
(4) A Memorandum of Agreement with the Regional Administrator as required by § 501.l4; and
(5) Copies of all applicable State statutes and regulations, including those governing State administrative procedures.
(b)(1) Within 30 days of receipt of a State program submission, EPA will notify the State whether its submission is complete. If it is incomplete, EPA will identify the information needed to complete the program submission.
(2) In the case of an Indian Tribe eligible under § 501.24(b), EPA shall take into consideration the contents of the Tribe's request submitted under § 501.22, in determining if the program submission required by § 501.11(a) is complete.
Any State that seeks to administer a program under this part shall submit a description of the program it proposes to administer in lieu of the federal program under State law or under any interstate compact. The program description shall include:
(a) A description in narrative form of the scope, structure, coverage and processes of the State program.
(b) A description (including organization charts) of the organization and structure of the State agency or agencies which will have responsibility for administering the program. If more than one agency is responsible for administration of a program, the responsibilities of each agency, and their procedures for coordination must be set forth, and an agency must be designated as a “lead agency” (i.e., the “State sludge management agency”) to facilitate communications between EPA and the State agencies having program responsibility. If the State proposes to administer a program of greater scope of coverage than is required by federal law, the information provided under this paragraph must indicate the resources dedicated to administering the federally required portion of the program. This description must include:
(1) A description of the general duties and the total number of State agency staff carrying out the State program;
(2) An itemization of the estimated costs of establishing and administering the program for the first two years after approval including cost of the personnel described in paragraph (b)(1) of this section, cost of administrative support, and cost of technical support, except where a State is seeking authorization for an established sewage sludge management program that has
(3) An estimate of the sources and amounts of funding for the first two years after approval to meet the costs listed in paragraph (b)(2) of this section, except where a State is seeking authorization for an established sewage sludge management program that has been in existence for a minimum of two years and is at least as stringent as the program for which the State is seeking authorization.
(c) A description of applicable State procedures, including permitting procedures, and any State administrative or judicial review procedures.
(d) Copies of the permit, application, and reporting forms or a description of the procedures the State intends to employ for obtaining information needed to implement its permitting program.
(e) A complete description of the State's compliance tracking and enforcement program (see 40 CFR 501.16 and 501.17).
(f)(1) An inventory of all POTWs and other TWTDS that are subject to regulations promulgated pursuant to 40 CFR part 503 and subject to the State program, which includes:
(i) Name, location, and ownership status (e.g., public, private, federal),
(ii) Sludge use or disposal practice(s),
(iii) Annual sludge production volume, and
(iv) Permit numbers for permits containing sewage sludge requirements, if any, and;
(v) Compliance status.
(2) States may submit either:
(i) Inventories which contain all of the information required by paragraph (f)(1) of this section; or
(ii) A partial inventory with a detailed plan showing how the State will complete the required inventory within five years after approval of its sludge management program under this part.
(g) In the case of Indian Tribes eligible under § 501.24(b), if a State has been authorized by EPA to issue permits on the Federal Indian reservation in accordance with § 501.13, a description of how responsibility for pending permit applications, existing permits, and supporting files will be transferred from the State to the eligible Indian Tribe. To the maximum extent practicable, this should include a Memorandum of Agreement negotiated between the State and the Indian Tribe addressing the arrangements for such transfer.
Any State that seeks to administer a program under this part shall submit a statement from the State Attorney General (or the attorney for those State or interstate agencies which have independent legal counsel) that the laws of the State, or an interstate compact, provide adequate authority to carry out the program described under § 501.12 and to meet the requirements of this part. This statement shall include citations to the specific statutes, administrative regulations, and, where appropriate, judicial decisions which demonstrate adequate authority. State statutes and regulations cited by the State Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and regulations at the time the statement is signed and shall be fully effective by the time the program is approved. To qualify as “independent legal counsel” the attorney signing the statement required by this section must have full authority to independently represent the State agency in court on all matters pertaining to the State program. If a State (which is not an Indian Tribe) seeks to carry out the program on Indian lands, the statement shall include an appropriate opinion and analysis of the State's legal authority.
(a) Any State that seeks to administer a program under this part must submit a Memorandum of Agreement. The Memorandum of Agreement must be executed by the State Program Director and the Regional Administrator and will become effective when approved by the Regional Administrator.
(b) The Memorandum of Agreement shall include the following:
(1)(i) Provisions for the prompt transfer from EPA to the State of pending permit applications applicable to the State program (or portion of the State program for which the State seeks approval) and any other information relevant to program operation not already in the possession of the State Director (e.g., support files for permit issuance, compliance reports, etc.). If existing permits are transferred from EPA to the State for administration, the Memorandum of Agreement must contain provisions specifying a procedure for transferring the administration of these permits. If a State lacks the authority to directly administer permits issued by the federal government, a procedure may be established to transfer responsibility for these permits.
(ii) Where a State has been authorized by EPA to issue permits in accordance with § 501.13 on the Federal Indian reservation of the Indian Tribe seeking program approval, provisions describing how the transfer of pending permit applications, permits, and any other information relevant to the program operation not already in the possession of the Indian Tribe (support files for permit issuance, compliance reports, etc.) will be accomplished.
(2) Provisions specifying classes and categories of permit applications, draft permits, and proposed permits that the State will send to the Regional Administrator for review, comment and, where applicable, objection. These provisions must follow the permit review procedures set forth in 40 CFR 123.44.
(3) The Memorandum of Agreement must also specify the extent to which EPA will waive its right to review, object to, or comment upon State-issued permits.
(4) Whenever a waiver is granted under paragraph (3) of this section, the Memorandum of Agreement shall contain a statement that the Regional Administrator retains the right to terminate the waiver as to future permit actions, in whole or in part, at any time by sending the State Director written notice of termination.
(5) Provisions specifying the frequency and content of reports, documents and other information which the State is required to submit to EPA. The State shall allow EPA to routinely review State records, reports, and files relevant to the administration and enforcement of the approved program. State reports may be combined with grant reports where appropriate. The procedures shall implement the requirements of § 501.21.
(c) The Memorandum of Agreement must also provide for the following:
(1) The circumstances in which the State must promptly send notices, draft permits, final permits, or related documents to the Regional Administrator; and
(2) Provisions on the State's compliance monitoring and enforcement program, including:
(i) Provisions for coordination of compliance monitoring activities by the State and by EPA. These may specify the basis on which the Regional Administrator will select facilities or activities within the State for EPA inspection; and
(ii) Procedures to assure coordination of enforcement activities.
(3) When appropriate, provisions for joint processing of permits by the State and EPA for facilities or activities which require permits from both EPA and the State under different programs (see for example 40 CFR 124.4).
(4) Provisions for modification of the Memorandum of Agreement in accordance with this part.
(5) Provisions for modification of the Memorandum of Agreement in accordance with this part.
(d) The Memorandum of Agreement, the annual program grant and the State/EPA Agreement should be consistent. If the State/EPA Agreement indicates that a change is needed in the
(a)
(1)
(i) The name and address of any permit applicant or permittee;
(ii) Permit applications, permits, and sewage sludge data. This includes information submitted on the permit application forms themselves and any attachments used to supply information required by the forms.
(2)
(ii) Non-NPDES Permits issued to treatment works treating domestic sewage pursuant to section 405(f) of the CWA will be effective for a fixed term not to exceed ten years.
(3)
(ii)
(iii)
(4)
(i) The activities conducted by the applicant which require it to obtain a permit.
(ii) Name, mailing address, and location of the treatment works treating domestic sewage for which the application is submitted.
(iii) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.
(iv) Whether the facility is located on Indian lands.
(v) A listing of all permits or construction approvals received or applied for under any of the following programs:
(A) Hazardous Waste Management program under RCRA.
(B) UIC program under SDWA.
(C) NPDES program under CWA.
(D) Prevention of Significant Deterioration (PSD) program under the Clean Air Act.
(E) Nonattainment program under the Clean Air Act.
(F) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act.
(G) Ocean dumping permits under the Marine Protection, Research, and Sanctuaries Act.
(H) Dredge or fill permits under section 404 of CWA.
(I) Other relevant environmental permits, including State or local permits.
(vi) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the treatment works treating domestic sewage, depicting the location of the sludge management facilities (including disposal sites), the location of all water bodies, and the location of wells used for drinking water listed in the public records or otherwise known to the applicant within
(vii) Any sludge monitoring data the applicant may have, including available ground water monitoring data, with a description of the well locations and approximate depth to ground water, for landfills or land application sites (see appendix I to 40 CFR part 257);
(viii) A description of the applicant's sludge use and disposal practices (including, where applicable, the location of any sites where the applicant transfers sludge for treatment and/or disposal, as well as the name of the applicator or other contractor who applies the sludge to land if different from the applicant, and the name of any distributors when the sludge will be disposed of through distribution and marketing, if different from the applicant);
(ix) For each land application site the applicant will use during the life of the permit, the applicant will supply information necessary to determine if the site is appropriate for land application and a description of how the site is (or will be) managed. Applicants intending to apply sludge to land application sites not identified at the time of application must submit a land application plan which at a minimum;
(A) Describes the geographical area covered by the plan;
(B) Identifies site selection criteria;
(C) Describes how sites will be managed;
(D) Provides for advance notice to the permit authority of specific land application sites and reasonable time for the permit authority to object prior to the sludge application; and
(E) Provides for advance public notice as required by State and local law, but in all cases requires notice to landowners and occupants adjacent to or abutting the proposed land application site.
(x) Annual sludge production volume;
(xi) Any information required to determine the appropriate standards for permitting under 40 CFR part 503; and
(xii) Any other information the Program Director may request and reasonably require to assess the sludge use and disposal practices, to determine whether to issue a permit, or to ascertain appropriate permit requirements.
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(i) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
(ii) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
(iii) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
(iv) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances, parameters or practices at any location.
(10)
(ii) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall retain records of all monitoring information, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least five years from the date of the sample, measurement, report or application, or longer as required by 40 CFR part 503. This period may be extended by request of the Director at any time.
(iii) Records of monitoring information shall include:
(A) The date, exact place, and time of sampling or measurements;
(B) The individual(s) who perfored the sampling or measurements;
(C) The date(s) analyses were performed;
(D) The individual(s) who performed the analyses;
(E) The analytical techniques or methods used; and
(F) The results of such analyses.
(iv) Monitoring must be conducted according to test procedures specified in 40 CFR part 503 or 136 unless other test procedures have been specified in this permit.
(v) The Clean Water Act provides that any person who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished for the first conviction by a fine of not more than $10,000 or by imprisonment for not more than 2 years per violation, or by both. Subsequent convictions for the same offense are punishable by a fine of not more than $20,000 per day of violation, or imprisonment of not more than 4 years, or both.
(11)
(ii) The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit shall, upon conviction, be punished for the first conviction by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years per violation, or by both. Subsequent convictions shall be punishable by a fine of not more than $20,000 per day of violation or by imprisonment of not more than 4 years, or by both.
(12)
(ii)
(iii)
(iv)
(v)
(13)
(14)
(15) Indian Tribes can satisfy the criminal enforcement authority requirements of this section under § 501.25.
(c)
(1)
(ii)
(A) The current permittee notifies the Director at least 30 days in advance of the proposed transfer date in paragraph (c)(1)(ii)(B) of this section;
(B) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
(C) The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph (c)(ii)(B) of this section.
(2)
(ii)
(A)
(B)
(C)
(D)
(E)
(iii) The following are causes to modify or alternatively, revoke and reissue, a permit.
(A) Cause exists for termination under § 501.15(c)(3) and the Director determines that modification or revocation and reissuance is appropriate.
(B) The Director has received notification (as required in the permit, see § 501.15(b)(12)(iii)) of a proposed transfer of the permit.
(3)
(i) Noncompliance by the permittee with any condition of the permit;
(ii) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
(iii) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or
(iv) A change in any condition that requires either a temporary or a permanent reduction or elimination of any activity controlled by the permit.
(d)
(1) Application for a permit. (i) Any TWTDS whose sewage sludge use or disposal method is covered by part 503 and covered under the State program, and who does not have an effective sewage sludge permit, must complete, sign, and submit to the Director an application for a permit within the following time frames.
(A) TWTDS with a currently effective NPDES permit must submit the required application information when the next application for NPDES permit renewal is due.
(B) The required application information is listed in 40 CFR 122.21(q).
(C) Other existing TWTDS not addressed under paragraph (d)(1)(i)(A) of this section must submit the information listed in paragraphs (d)(1)(i)(C)(
(
(
(
(
(
(D) Notwithstanding paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this section, the Director may require permit applications from any TWTDS at any time if the Director determines that a permit is necessary to protect public health and the environment from any potential adverse effects that may occur from toxic pollutants in sewage sludge.
(E) Any TWTDS that commences operations after promulgation of an applicable standard for sewage sludge use or disposal must submit an application to the Director at least 180 days prior to the date proposed for commencing operations.
(ii) All TWTDS with a currently effective sewage sludge permit must submit a new application at least 180 days before the expiration date of their existing permit.
(iii) The Director will not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit.
(2)
(ii) If the Director tentatively decides to modify or revoke and reissue a permit he or she shall prepare a draft permit incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the Director shall require the submission of a new application. If the Director tentatively decides to terminate a permit he or she shall prepare a Notice of Intent to Terminate and follow the public notice and comment procedures outlined in Section 501.15(d)(6).
(3)
(4) Fact sheets. A fact sheet must be prepared for every draft permit which the Director finds is the subject of widespread public interest or raises major issues. The fact sheet will briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Director will send this fact sheet to the applicant and, on request, to any other person.
(5) Public notice of permit actions and public comment period. (i) The Director must give public notice that the following actions have occurred:
(A) A draft permit has been prepared. At least 30 days must be allowed for public comment on the draft permit unless the Director has previously provided for public comment, for example after receipt of the permit application.
(B) A meeting or hearing has been scheduled.
(ii) Methods. Public notice of activities described in paragraph (d)(5)(i) of this section must be given in the area affected by these activities by any method reasonably calculated to give actual notice of the action in question to any person affected or requesting notice of the action. Public notice may include publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity, press releases, or any other forum or medium to elicit public participation.
(
(A)
(
(
(
(4) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, fact sheet, and the application;
(
(
(B)
(
(
(6)
(7)
(8)
(i) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(ii) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any meeting or hearing.
(e)
(1) Continuation of expiring permits (40 CFR 122.6);
(2) General permits (40 CFR 122.28);
(3) Minor modifications of permits (40 CFR 122.63); and
(4) Effect of permit: affirmative defense (40 CFR 122.5(b)).
(f)
(1) For the purposes of this paragraph:
(i) “Board or body” includes any individual, including the Director, who has or shares authority to approve all or portions of permits either in the first instance, as modified or reissued, or on appeal.
(ii) “Significant portion of income” means 10 percent or more of gross personal income for a calendar year, except that it means 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving that portion under retirement, pension, or similar arrangement.
(iii) “Permit holders or applicants for a permit” does not include any department or agency of a State government, such as a Department of Parks or a Department of Fish and Wildlife.
(iv) “Income” includes retirement benefits, consultant fees, and stock dividends.
(v) Income is not received “directly or indirectly from permit holders or applicants for a permit” when it is derived from mutual fund payments, or from other diversified investments for which the recipient does not know the identity of the primary sources of income.
(2) The Administrator may waive the requirements of this paragraph if the board or body which approves all or portions of permits is subject to, and certifies that it meets, a conflict-of-interest standard imposed as part of another EPA-approved State permitting program or an equivalent standard.
At 63 FR 45125, Aug. 24, 1998, in § 501.15, paragraph (d)(1)(i)(B) was stayed.
State sludge management programs shall have requirements and procedures for compliance monitoring and evaluation as set forth in § 123.26.
(a) Any State agency administering a program shall have available the following remedies for violations of State program requirements:
(1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment;
This paragraph ((a)(1)) requires that States have a mechanism (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to stop any unauthorized activity endangering public health or the environment.
(2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit; and
(3) To assess or sue to recover in court civil penalties and to seek criminal remedies, including fines, as follows:
(i) Civil penalties will be recoverable for the violation of any permit condition; any applicable standard or limitation; any filing requirement; any duty to allow or carry out inspection, entry or monitoring activities; or any regulation or orders issued by the State Program Director. The State must at a minimum, have the authority to assess penalties of up to $5,000 a day for each violation.
(ii) Criminal fines will be recoverable against any person who willfully or negligently violates any applicable standards or limitations; any permit condition; or any filing requirement. The State must at a minimum, have the authority to assess fines of up to $10,000 a day for each violation. States which provide the criminal remedies based on “criminal negligence,” “gross negligence” or strict liability satisfy the requirement of this paragraph (a)(3)(ii) of this section.
(iii) Criminal fines will be recoverable against any person who knowingly makes any false statement, representation or certification in any program form, or in any notice or report required by a permit or State Program Director, or who knowingly renders inaccurate any monitoring device or method required to be maintained by the State Program Director. The State must at a minimum, have the authority to assess fines of up to $5,000 for each instance of violation.
(b)(1) The civil penalty or criminal fine will be assessable for each instance of violation and, if the violation is continuous, will be assessable up to the maximum amount for each day of violation.
(2) The burden of proof and degree of knowledge or intent required under State law for establishing violations under paragraph (a)(3) of this section shall be no greater than the burden of proof or degree of knowledge or intent EPA must provide when it brings an action under the appropriate Act.
For example, this requirement is not met if State law includes mental state as an element of proof for civil violations.
(c) A civil penalty assessed, sought, or agreed upon by the State Program Director under paragraph (a)(3) of this section shall be appropriate to the violation.
(d) Any State administering a program shall provide for public participation in the State enforcement process by providing either:
(1) Authority which allows intervention as of right in any civil or administrative action to obtain remedies specified in paragraphs (a)(1), (2) or (3) of this section by any citizen having an interest which is or may be adversely affected; or
(2) Assurance that the State agency or enforcement authority will:
(i) Investigate and provide responses to all citizen complaints submitted pursuant to the procedures specified in 40 CFR 123.26(b)(4);
(ii) Not oppose intervention by any citizen in any civil or administrative
(iii) Publish notice of and provide at least 30 days for public comment on any proposed settlement of a State enforcement action.
(e) Indian Tribes that cannot satisfy the criminal enforcement authority requirements of this section may still be approved under this part if they meet the requirements established in § 501.25.
State permit programs shall provide that no permit shall be issued when the Regional Administrator has objected in writing under 40 CFR 123.44.
State sludge management programs shall comply with the requirements of 40 CFR 123.41.
State sludge management programs shall comply with 40 CFR 123.42.
The State Program Director must prepare annual reports as detailed in this section and must submit any reports required under this section to the Regional Administrator. These reports will serve as the main vehicle for the State to report on the status of its sludge management program, update its inventory of sewage sludge generators and sludge disposal facilities, and provide information on incidents of noncompliance. The State Program Director must submit these reports to the Regional Administrator according to a mutually agreed-upon schedule. The reports specified below may be combined with other reports to EPA (e.g., existing NPDES or RCRA reporting systems) where appropriate and must include the following:
(a) A summary of the incidents of noncompliance which occurred in the previous year that includes:
(1) The non-complying facilities by name and reference number;
(2) The type of noncompliance, a brief description and date(s) of the event;
(3) The date(s) and a brief description of the action(s) taken to ensure timely and appropriate action to achieve compliance;
(4) Status of the incident(s) of noncompliance with the date of resolution; and
(5) Any details which tend to explain or mitigate the incident(s) of noncompliance.
(b) Information to update the inventory of all sewage sludge generators and sewage sludge disposal facilities submitted with the program plan or in previous annual reports, including:
(1) Name and location;
(2) Permit numbers for permits containing sewage sludge requirements;
(3) Sludge management practice(s) used; and
(4) Sludge production volume.
(a) Consistent with section 518(e) of the CWA, 33 U.S.C. 1377(e), the Regional Administrator will treat an Indian Tribe as eligible to apply for sludge management program authority if it meets the following criteria:
(1) The Indian Tribe is recognized by the Secretary of the Interior.
(2) The Indian Tribe has a governing body carrying out substantial governmental duties and powers.
(3) The functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are held by an Indian Tribe, held by the United States in trust for the Indians, held by a member of an Indian Tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation.
(4) The Indian Tribe is reasonably expected to be capable, in the Regional Administrator's judgment, of carrying out the functions to be exercised, in a manner consistent with the terms and purposes of the Act and applicable regulations, of an effective sludge management program.
(b) An Indian Tribe which the Regional Administrator determines meets
An Indian Tribe may apply to the Regional Administrator for a determination that it qualifies pursuant to section 518 of the Act for purposes of seeking sludge management program approval. The application shall be concise and describe how the Indian Tribe will meet each of the requirements of § 501.22. The application shall include the following information:
(a) A statement that the Tribe is recognized by the Secretary of the Interior;
(b) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. This statement should:
(1) Describe the form of the Tribal government;
(2) Describe the types of governmental functions currently performed by the Tribal governing body, such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population; taxation; and the exercise of the power of eminent domain; and
(3) Identify the source of the Tribal government's authority to carry out the governmental functions currently being performed.
(c) A map or legal description of the area over which the Indian Tribe asserts authority under section 518(e)(2) of the Act; a statement by the Tribal Attorney General (or equivalent official authorized to represent the Tribe in all legal matters in court pertaining to the program for which it seeks approval) which describes the basis for the Tribe's assertion (including the nature or subject matter of the asserted regulatory authority); copies of those documents such as Tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions which the Tribe believes are relevant to its assertion under section 518(e)(2) of the Act.
(d) A narrative statement describing the capability of the Indian Tribe to administer an effective, environmentally sound sludge management program. The statement should include:
(1) A description of the Indian Tribe's previous management experience which may include the administration of programs and service authorized by the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
(2) A list of existing environmental or public health programs administered by the Tribal governing body, and a copy of related Tribal laws, regulations, and policies;
(3) A description of the entity (or entities) which exercise the executive, legislative, and judicial functions of the Tribal government;
(4) A description of the existing, or proposed, agency of the Indian Tribe which will assume primary responsibility for establishing and administering a sludge management program (including a description of the relationship between the existing or proposed agency and its regulated entities);
(5) A description of the technical and administrative abilities of the staff to administer and manage an effective, environmentally sound sludge management program or a plan which proposes how the Tribe will acquire additional administrative and technical expertise. The plan must address how the Tribe will obtain the funds to acquire the administrative and technical expertise.
(e) The Regional Administrator may, at his discretion, request further documentation necessary to support a Tribe's eligibility.
(f) If the Administrator or her delegatee has previously determined that a Tribe has met the prerequisites that make it eligible to assume a role similar to that of a state as provided by statute under the Safe Drinking Water Act, the Clean Water Act, or the Clean Air Act, then that Tribe need provide only that information unique
(a) The Regional Administrator shall process an application of an Indian Tribe submitted pursuant to § 501.23 in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application.
(b) The Regional Administrator shall follow the procedures described in subpart C of this part in processing a Tribe's request to assume the sludge management program.
To the extent that an Indian Tribe is precluded from asserting criminal enforcement authority as required under § § 501.1(c)(5) and 501.17, the Federal Government will exercise primary criminal enforcement responsibility. The Tribe, with the EPA Region, shall develop a procedure by which the Tribal agency will refer potential criminal violations to the Regional Administrator, as agreed to by the parties, in an appropriate and timely manner. This procedure shall encompass all circumstances in which the Tribe is incapable of exercising the enforcement requirements of § § 501.1(c)(5) and 501.17. This agreement shall be incorporated into a joint or separate Memorandum of Agreement with the EPA Region, as appropriate.
(a) EPA shall approve or disapprove a State's application for approval of its State sludge management program within 90 days after receiving a complete program submission.
(b) Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the 90-day review period will be deemed to have begun on the date of the completeness determination. If EPA finds that a State's submission is incomplete, the review period will not begin until all the necessary information is received by EPA.
(c) After determining that a State program submission is complete, EPA will publish notice of the State's application in the
(1) Provide a comment period of not less than 45 days during which interested members of the public may express their views on the State program;
(2) Provide opportunity for a public hearing within the State to be held no less than 30 days after notice is published in the
(3) Indicate the cost of obtaining a copy of the State's submission;
(4) Indicate where and when the State's submission may be reviewed by the public;
(5) Indicate whom an interested member of the public should contact with any questions; and
(6) Briefly outline the fundamental aspects of the State's proposed program, and the process for EPA review and decision.
(d) Within 90 days after determining that the State has submitted a complete program, the Administrator shall approve or disapprove the program
(e) The State and EPA may extend the 90-day review period by mutual agreement.
(f) If the State's submission is materially changed during the 90-day review, either as a result of EPA's review or the State action, the official review period shall begin again upon receipt of the revised submission.
(g) Notice of program approval shall be published by EPA in the
(h) If the Administrator disapproves the State program he or she shall notify the State of the reasons for disapproval and of any revisions or modifications to the State program which are necessary to obtain approval.
(a) Any State with an approved State program which requires revision to comply with amendments to federal regulations governing sewage sludge use or disposal (including revisions to this part) must revise its program within one year after promulgation of applicable regulations, unless either the State must amend or enact a statute in order to make the required revision, in which case such revision must take place within 2 years; or a different schedule is established under the Memorandum of Agreement.
(b) State sludge management programs shall follow the procedures for program revision set forth in 40 CFR 123.62.
The criteria for withdrawal of sludge management programs shall be those set forth in 40 CFR 123.63.
The procedures for withdrawal of sludge management programs shall be those set forth in 40 CFR 123.64.
Sections 405 (d) and (e) of the Clean Water Act, as amended by Pub. L. 95-217, sec. 54(d), 91 Stat. 1591 (33 U.S.C. 1345 (d) and (e)); and Pub. L. 100-4, title IV, sec. 406 (a), (b), 101 Stat., 71, 72 (33 U.S.C. 1251
(a)
(2) In addition, the standards in this part include the frequency of monitoring and recordkeeping requirements when sewage sludge is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. Also included in this part are reporting requirements for Class I sludge management facilities, publicly owned treatment works (POTWs) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more.
(b)
(2) This part applies to sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator.
(3) This part applies to the exit gas from a sewage sludge incinerator stack.
(4) This part applies to land where sewage sludge is applied, to a surface disposal site, and to a sewage sludge incinerator.
(a) Compliance with the standards in this part shall be achieved as expeditiously as practicable, but in no case later than February 19, 1994. When compliance with the standards requires construction of new pollution control facilities, compliance with the standards shall be achieved as expeditiously as practicable, but in no case later than February 19, 1995.
(b) The requirements for frequency of monitoring, recordkeeping, and reporting in this part for total hydrocarbons in the exit gas from a sewage sludge incinerator are effective February 19, 1994 or, if compliance with the operational standard for total hydrocarbons in this part requires the construction of new pollution control facilities, February 19, 1995.
(c) All other requirements for frequency of monitoring, recordkeeping, and reporting in this part are effective on July 20, 1993.
(a) Permits. The requirements in this part may be implemented through a permit:
(1) Issued to a “treatment works treating domestic sewage”, as defined in 40 CFR 122.2, in accordance with 40 CFR parts 122 and 124 by EPA or by a State that has a State sludge management program approved by EPA in accordance with 40 CFR part 123 or 40 CFR part 501 or
(2) Issued under subtitle C of the Solid Waste Disposal Act; part C of the Safe Drinking Water Act; the Marine Protection, Research, and Sanctuaries Act of 1972; or the Clean Air Act. “Treatment works treating domestic
(b) Direct enforceability. No person shall use or dispose of sewage sludge through any practice for which requirements are established in this part except in accordance with such requirements.
Disposal of sewage sludge in a municipal solid waste landfill unit, as defined in 40 CFR 258.2, that complies with the requirements in 40 CFR part 258 constitutes compliance with section 405(d) of the CWA. Any person who prepares sewage sludge that is disposed in a municipal solid waste landfill unit shall ensure that the sewage sludge meets the requirements in 40 CFR part 258 concerning the quality of materials disposed in a municipal solid waste landfill unit.
(a) On a case-by-case basis, the permitting authority may impose requirements for the use or disposal of sewage sludge in addition to or more stringent than the requirements in this part when necessary to protect public health and the environment from any adverse effect of a pollutant in the sewage sludge.
(b) Nothing in this part precludes a State or political subdivision thereof or interstate agency from imposing requirements for the use or disposal of sewage sludge more stringent than the requirements in this part or from imposing additional requirements for the use or disposal of sewage sludge.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Any person who prepares sewage sludge shall ensure that the applicable requirements in this part are met when the sewage sludge is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator.
(a)
(b)
(1)
(2)
(3)
(4)
(5)
Kenner, B.A. and H.P. Clark, “Detection and enumeration of
(6)
(7)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(a) This subpart applies to any person who prepares sewage sludge that is applied to the land, to any person who applies sewage sludge to the land, to sewage sludge applied to the land, and to the land on which sewage sludge is applied.
(b)(1)
(2) The Regional Administrator of EPA or, in the case of a State with an approved sludge management program, the State Director, may apply any or all of the general requirements in § 503.12 and the management practices in § 503.14 to the bulk sewage sludge in § 503.10(b)(1) on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk sewage sludge.
(c)(1) The general requirements in § 503.12 and the management practices in § 503.14 do not apply when a bulk material derived from sewage sludge is applied to the land if the derived bulk material meets the pollutant concentrations in § 503.13(b)(3), the Class A pathogen requirements in § 503.32(a),
(2) The Regional Administrator of EPA or, in the case of a State with an approved sludge management program, the State Director, may apply any or all of the general requirements in § 503.12 or the management practices in § 503.14 to the bulk material in § 503.10(c)(1) on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk sewage sludge.
(d) The requirements in this subpart do not apply when a bulk material derived from sewage sludge is applied to the land if the sewage sludge from which the bulk material is derived meets the pollutant concentrations in § 503.13(b)(3), the Class A pathogen requirements in § 503.32(a), and one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8).
(e)
(f) The general requirements in § 503.12 and the management practices in § 503.14 do not apply when a material derived from sewage sludge is sold or given away in a bag or other container for application to the land if the derived material meets the pollutant concentrations in § 503.13(b)(3), the Class A pathogen requirements in § 503.32(a), and one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8).
(g) The requirements in this subpart do not apply when a material derived from sewage sludge is sold or given away in a bag or other container for application to the land if the sewage sludge from which the material is derived meets the pollutant concentrations in § 503.13(b)(3), the Class A pathogen requirements in § 503.32(a), and one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8).
(a)
(b)
(1) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and
(2) To minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the ground water.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(a) No person shall apply sewage sludge to the land except in accordance with the requirements in this subpart.
(b) No person shall apply bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in § 503.13(b)(2) has been reached.
(c) No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365 day period if the annual application rate in § 503.13(c) has been reached during that period.
(d) The person who prepares bulk sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk sewage sludge written notification of the concentration of total nitrogen (as N on a dry weight basis) in the bulk sewage sludge.
(e)(1) The person who applies sewage sludge to the land shall obtain information needed to comply with the requirements in this subpart.
(2)(i) Before bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) is applied to the land, the person who proposes to apply the bulk sewage sludge shall contact the permitting authority for the State in which the bulk sewage sludge will be applied to determine whether bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has been applied to the site since July 20, 1993.
(ii) If bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has not been applied to the site since July 20, 1993, the cumulative amount for each pollutant listed in Table 2 of § 503.13 may be applied to the site in accordance with § 503.13(a)(2)(i).
(iii) If bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk sewage sludge since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied to the site in accordance with § 503.13(a)(2)(i).
(iv) If bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk sewage sludge since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with § 503.13(a)(2)(i).
(f) When a person who prepares bulk sewage sludge provides the bulk sewage sludge to a person who applies the bulk sewage sludge to the land, the person who prepares the bulk sewage sludge shall provide the person who applies the sewage sludge notice and necessary information to comply with the requirements in this subpart.
(g) When a person who prepares sewage sludge provides the sewage sludge to another person who prepares the sewage sludge, the person who provides the sewage sludge shall provide the person who receives the sewage sludge notice and necessary information to comply with the requirements in this subpart.
(h) The person who applies bulk sewage sludge to the land shall provide the owner or lease holder of the land on which the bulk sewage sludge is applied notice and necessary information to comply with the requirements in this subpart.
(i) Any person who prepares bulk sewage sludge that is applied to land in a State other than the State in which the bulk sewage sludge is prepared shall provide written notice, prior to the initial application of bulk sewage sludge to the land application site by the applier, to the permitting authority for the State in which the bulk sewage sludge is proposed to be applied. The notice shall include:
(1) The location, by either street address or latitude and longitude, of each land application site.
(2) The approximate time period bulk sewage sludge will be applied to the site.
(3) The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who prepares the bulk sewage sludge.
(4) The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who will apply the bulk sewage sludge.
(j) Any person who applies bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) to the land shall provide written notice, prior to the initial application of bulk sewage sludge to a land application site by the applier, to the permitting authority for the State in which the bulk sewage sludge will be applied and the permitting authority shall retain and provide access to the notice. The notice shall include:
(1) The location, by either street address or latitude and longitude, of the land application site.
(2) The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) of the person who will apply the bulk sewage sludge.
(a) Sewage sludge. (1) Bulk sewage sludge or sewage sludge sold or given away in a bag or other container shall not be applied to the land if the concentration of any pollutant in the sewage sludge exceeds the ceiling concentration for the pollutant in Table 1 of § 503.13.
(2) If bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site, either:
(i) The cumulative loading rate for each pollutant shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of § 503.13; or
(ii) The concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 3 of § 503.13.
(3) If bulk sewage sludge is applied to a lawn or a home garden, the concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 3 of § 503.13.
(4) If sewage sludge is sold or given away in a bag or other container for application to the land, either:
(i) The concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 3 of § 503.13; or
(ii) The product of the concentration of each pollutant in the sewage sludge and the annual whole sludge application rate for the sewage sludge shall not cause the annual pollutant loading rate for the pollutant in Table 4 of § 503.13 to be exceeded. The procedure used to determine the annual whole sludge application rate is presented in appendix A of this part.
(b) Pollutant concentrations and loading rates—sewage sludge.
(1) Ceiling concentrations.
(2) Cumulative pollutant loading rates.
(3) Pollutant concentrations.
(4) Annual pollutant loading rates.
(c) Domestic septage.
The annual application rate for domestic septage applied to agricultural land, forest, or a reclamation site shall not exceed the annual application rate calculated using equation (1).
(a) Bulk sewage sludge shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat.
(b) Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the bulk sewage sludge enters a wetland or other waters of the United States, as defined in 40 CFR 122.2, except as provided in a permit issued pursuant to section 402 or 404 of the CWA.
(c) Bulk sewage sludge shall not be applied to agricultural land, forest, or a reclamation site that is 10 meters or less from waters of the United States, as defined in 40 CFR 122.2, unless otherwise specified by the permitting authority.
(d) Bulk sewage sludge shall be applied to agricultural land, forest, a public contact site, or a reclamation site at a whole sludge application rate that is equal to or less than the agronomic rate for the bulk sewage sludge, unless, in the case of a reclamation site, otherwise specified by the permitting authority.
(e) Either a label shall be affixed to the bag or other container in which sewage sludge that is sold or given away for application to the land, or an information sheet shall be provided to the person who receives sewage sludge sold or given away in an other container for application to the land. The label or information sheet shall contain the following information:
(1) The name and address of the person who prepared the sewage sludge that is sold or given away in a bag or other container for application to the land.
(2) A statement that application of the sewage sludge to the land is prohibited except in accordance with the instructions on the label or information sheet.
(3) The annual whole sludge application rate for the sewage sludge that does not cause any of the annual pollutant loading rates in Table 4 of § 503.13 to be exceeded.
(a)
(2) The Class A pathogen requirements in § 503.32(a) shall be met when bulk sewage sludge is applied to a lawn or a home garden.
(3) The Class A pathogen requirements in § 503.32(a) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land.
(b)
(c)
(2) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) shall be met when bulk sewage sludge is applied to a lawn or a home garden.
(3) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land.
(d)
(a)
(2) After the sewage sludge has been monitored for two years at the frequency in Table 1 of § 503.16, the permitting authority may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in § 503.32 (a)(5)(ii) and (a)(5)(iii), but in no case shall the frequency of monitoring be less than once per year when sewage sludge is applied to the land.
(b)
(a)
(i) The concentration of each pollutant listed in Table 3 of § 503.13 in the sewage sludge.
(ii) The following certification statement:
“I certify, under penalty of law, that the Class A pathogen requirements in § 503.32(a) and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33(b)(1) through § 503.33(b)(8)] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(iii) A description of how the Class A pathogen requirements in § 503.32(a) are met.
(iv) A description of how one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) is met.
(2) The person who derives the material in § 503.10 (c)(1) or (f) shall develop the following information and shall retain the information for five years:
(i) The concentration of each pollutant listed in Table 3 of § 503.13 in the material.
(ii) The following certification statement:
“I certify, under penalty of law, that the Class A pathogen requirements in § 503.32(a) and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8)] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and the vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(iii) A description of how the Class A pathogen requirements in § 503.32(a) are met.
(iv) A description of how one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) is met.
(3) If the pollutant concentrations in § 503.13(b)(3), the Class A pathogen requirements in § 503.32(a), and the vector attraction reduction requirements in either § 503.33 (b)(9) or (b)(10) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:
(i) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years.
(A) The concentration of each pollutant listed in Table 3 of § 503.13 in the bulk sewage sludge.
(B) The following certification statement:
“I certify, under penalty of law, that the pathogen requirements in § 503.32(a) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(C) A description of how the pathogen requirements in § 503.32(a) are met.
(ii) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years.
(A) The following certification statement:
“I certify, under penalty of law, that the management practices in § 503.14 and the vector attraction reduction requirement in [insert either § 503.33 (b)(9) or (b)(10)] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.”
(B) A description of how the management practices in § 503.14 are met for each site on which bulk sewage sludge is applied.
(C) A description of how the vector attraction reduction requirements in either § 503.33(b)(9) or (b)(10) are met for
(4) If the pollutant concentrations in § 503.13(b)(3) and the Class B pathogen requirements in § 503.32(b) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:
(i) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years:
(A) The concentration of each pollutant listed in Table 3 of § 503.13 in the bulk sewage sludge.
(B) The following certification statement:
“I certify under, penalty of law, that the Class B pathogen requirements in § 503.32(b) and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) if one of those requirements is met] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements [and vector attraction reduction requirements if applicable] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(C) A description of how the Class B pathogen requirements in § 503.32(b) are met.
(D) When one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) is met, a description of how the vector attraction reduction requirement is met.
(ii) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years.
(A) The following certification statement:
“I certify, under penalty of law, that the management practices in § 503.14, the site restrictions in § 503.32(b)(5), and the vector attraction reduction requirements in [insert either § 503.33 (b)(9) or (b)(10), if one of those requirements is met] have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and site restrictions [and the vector attraction reduction requirements if applicable] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(B) A description of how the management practices in § 503.14 are met for each site on which bulk sewage sludge is applied.
(C) A description of how the site restrictions in § 503.32(b)(5) are met for each site on which bulk sewage sludge is applied.
(D) When the vector attraction reduction requirement in either § 503.33 (b)(9) or (b)(10) is met, a description of how the vector attraction reduction requirement is met.
(5) If the requirements in § 503.13(a)(2)(i) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:
(i) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years.
(A) The concentration of each pollutant listed in Table 1 of § 503.13 in the bulk sewage sludge.
(B) The following certification statement:
“I certify, under penalty of law, that the pathogen requirements in [insert either § 503.32(a) or § 503.32(b)] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) if one of those requirements is met] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements [and vector attraction reduction requirements] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(C) A description of how the pathogen requirements in either § 503.32 (a) or (b) are met.
(D) When one of the vector attraction requirements in § 503.33 (b)(1) through (b)(8) is met, a description of how the vector attraction requirement is met.
(ii) The person who applies the bulk sewage sludge shall develop the following information, retain the information in § 503.17 (a)(5)(ii)(A) through
(A) The location, by either street address or latitude and longitude, of each site on which bulk sewage sludge is applied.
(B) The number of hectares in each site on which bulk sewage sludge is applied.
(C) The date and time bulk sewage sludge is applied to each site.
(D) The cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of § 503.13 in the bulk sewage sludge applied to each site, including the amount in § 503.12(e)(2)(iii).
(E) The amount of sewage sludge (i.e., metric tons) applied to each site.
(F) The following certification statement:
“I certify, under penalty of law, that the requirements to obtain information in § 503.12(e)(2) have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.”
(G) A description of how the requirements to obtain information in § 503.12(e)(2) are met.
(H) The following certification statement:
“I certify, under penalty of law, that the management practices in § 503.14 have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.”
(I) A description of how the management practices in § 503.14 are met for each site on which bulk sewage sludge is applied.
(J) The following certification statement when the bulk sewage sludge meets the Class B pathogen requirements in § 503.32(b):
“I certify, under penalty of law, that the site restrictions in § 503.32(b)(5) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.”
(K) A description of how the site restrictions in § 503.32(b)(5) are met for each site on which Class B bulk sewage sludge is applied.
(L) The following certification statement when the vector attraction reduction requirement in either § 503.33 (b)(9) or (b)(10) is met:
“I certify, under penalty of law, that the vector attraction reduction requirement in [insert either § 503.33(b)(9) or § 503.33(b)(10)] has been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction reduction requirement has been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(M) If the vector attraction reduction requirements in either § 503.33 (b)(9) or (b)(10) are met, a description of how the requirements are met.
(6) If the requirements in § 503.13(a)(4)(ii) are met when sewage sludge is sold or given away in a bag or other container for application to the land, the person who prepares the sewage sludge that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:
(i) The annual whole sludge application rate for the sewage sludge that does not cause the annual pollutant loading rates in Table 4 of § 503.13 to be exceeded.
(ii) The concentration of each pollutant listed in Table 4 of § 503.13 in the sewage sludge.
(iii) The following certification statement:
“I certify, under penalty of law, that the management practice in § 503.14(e), the Class A pathogen requirement in § 503.32(a), and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33 (b)(1) through
(iv) A description of how the Class A pathogen requirements in § 503.32(a) are met.
(v) A description of how one of the vector attraction requirements in § 503.33 (b)(1) through (b)(8) is met.
(b)
(1) The location, by either street address or latitude and longitude, of each site on which domestic septage is applied.
(2) The number of acres in each site on which domestic septage is applied.
(3) The date and time domestic septage is applied to each site.
(4) The nitrogen requirement for the crop or vegetation grown on each site during a 365 day period.
(5) The rate, in gallons per acre per 365 day period, at which domestic septage is applied to each site.
(6) The following certification statement:
“I certify, under penalty of law, that the pathogen requirements in [insert either § 503.32(c)(1) or § 503.32(c)(2)] and the vector attraction reduction requirements in [insert § 503.33(b)(9), § 503.33(b)(10), or § 503.33(b)(12)] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(7) A description of how the pathogen requirements in either § 503.33 (c)(1) or (c)(2) are met.
(8) A description of how the vector attraction reduction requirements in § 503.33 (b)(9), (b)(10), or (b)(12) are met.
(a) Class I sludge management facilities, POTWs (as defined in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more shall submit the following information to the permitting authority:
(1) The information in § 503.17(a), except the information in § 503.17 (a)(3)(ii), (a)(4)(ii) and in (a)(5)(ii), for the appropriate requirements on February 19 of each year.
(2) The information in § 503.17 (a)(5)(ii)(A) through (a)(5)(ii)(G) on [insert the month and day from the date of publication of this rule] of each year when 90 percent or more of any of the cumulative pollutant loading rates in Table 2 of § 503.13 is reached at a site.
(a) This subpart applies to any person who prepares sewage sludge that is placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge placed on a surface disposal site, and to a surface disposal site.
(b) This subpart does not apply to sewage sludge stored on the land or to the land on which sewage sludge is stored. It also does not apply to sewage sludge that remains on the land for longer than two years when the person who prepares the sewage sludge demonstrates that the land on which the sewage sludge remains is not an active sewage sludge unit. The demonstration shall include the following information, which shall be retained by the person who prepares the sewage sludge for the period that the sewage sludge remains on the land:
(1) The name and address of the person who prepares the sewage sludge.
(2) The name and address of the person who either owns the land or leases the land.
(3) The location, by either street address or latitude and longitude, of the land.
(4) An explanation of why sewage sludge needs to remain on the land for longer than two years prior to final use or disposal.
(5) The approximate time period when the sewage sludge will be used or disposed.
(c) This subpart does not apply to sewage sludge treated on the land or to the land on which sewage sludge is treated.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(a) No person shall place sewage sludge on an active sewage sludge unit unless the requirements in this subpart are met.
(b) An active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time; located in an unstable area; or located in a wetland, except as provided in a permit issued pursuant to section 402 of
(c) The owner/operator of an active sewage sludge unit shall submit a written closure and post closure plan to the permitting authority 180 days prior to the date that the active sewage sludge unit closes. The plan shall describe how the sewage sludge unit will be closed and, at a minimum, shall include:
(1) A discussion of how the leachate collection system will be operated and maintained for three years after the sewage sludge unit closes if the sewage sludge unit has a liner and leachate collection system.
(2) A description of the system used to monitor for methane gas in the air in any structures within the surface disposal site and in the air at the property line of the surface disposal site, as required in § 503.24(j)(2).
(3) A discussion of how public access to the surface disposal site will be restricted for three years after the last sewage sludge unit in the surface disposal site closes.
(d) The owner of a surface disposal site shall provide written notification to the subsequent owner of the site that sewage sludge was placed on the land.
(a) Active sewage sludge unit without a liner and leachate collection system.
(1) Except as provided in § 503.23 (a)(2) and (b), the concentration of each pollutant listed in Table 1 of § 503.23 in sewage sludge placed on an active sewage sludge unit shall not exceed the concentration for the pollutant in Table 1 of § 503.23.
(2) Except as provided in § 503.23(b), the concentration of each pollutant listed in Table 1 of § 503.23 in sewage sludge placed on an active sewage sludge unit whose boundary is less than 150 meters from the property line of the surface disposal site shall not exceed the concentration determined using the following procedure.
(i) The actual distance from the active sewage sludge unit boundary to the property line of the surface disposal site shall be determined.
(ii) The concentration of each pollutant listed in Table 2 of § 503.23 in the sewage sludge shall not exceed the concentration in Table 2 of § 503.23 that corresponds to the actual distance in § 503.23(a)(2)(i).
(b) Active sewage sludge unit without a liner and leachate collection system—site-specific limits.
(1) At the time of permit application, the owner/operator of a surface disposal site may request site-specific pollutant limits in accordance with § 503.23(b)(2) for an active sewage sludge unit without a liner and leachate collection system when the existing values for site parameters specified by the permitting authority are different from the values for those parameters used to develop the pollutant limits in Table 1 of § 503.23 and when the permitting authority determines that site-specific pollutant limits are appropriate for the active sewage sludge unit.
(2) The concentration of each pollutant listed in Table 1 of § 503.23 in sewage sludge placed on an active sewage
(a) Sewage sludge shall not be placed on an active sewage sludge unit if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat.
(b) An active sewage sludge unit shall not restrict the flow of a base flood.
(c) When a surface disposal site is located in a seismic impact zone, an active sewage sludge unit shall be designed to withstand the maximum recorded horizontal ground level acceleration.
(d) An active sewage sludge unit shall be located 60 meters or more from a fault that has displacement in Holocene time, unless otherwise specified by the permitting authority.
(e) An active sewage sludge unit shall not be located in an unstable area.
(f) An active sewage sludge unit shall not be located in a wetland, except as provided in a permit issued pursuant to section 402 or 404 of the CWA.
(g)(1) Run-off from an active sewage sludge unit shall be collected and shall be disposed in accordance with National Pollutant Discharge Elimination System permit requirements and any other applicable requirements.
(2) The run-off collection system for an active sewage sludge unit shall have the capacity to handle run-off from a 24-hour, 25-year storm event.
(h) The leachate collection system for an active sewage sludge unit that has a liner and leachate collection system shall be operated and maintained during the period the sewage sludge unit is active and for three years after the sewage sludge unit closes.
(i) Leachate from an active sewage sludge unit that has a liner and leachate collection system shall be collected and shall be disposed in accordance with the applicable requirements during the period the sewage sludge unit is active and for three years after the sewage sludge unit closes.
(j)(1) When a cover is placed on an active sewage sludge unit, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25 percent of the lower explosive limit for methane gas during the period that the sewage sludge unit is active and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas during the period that the sewage sludge unit is active.
(2) When a final cover is placed on a sewage sludge unit at closure, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25 percent of the lower explosive limit for methane gas for three years after the sewage sludge unit closes and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas for three years after the sewage sludge unit closes, unless otherwise specified by the permitting authority.
(k) A food crop, a feed crop, or a fiber crop shall not be grown on an active sewage sludge unit, unless the owner/operator of the surface disposal site demonstrates to the permitting authority that through management practices public health and the environment are protected from any reasonably anticipated adverse effects of pollutants in sewage sludge when crops are grown.
(l) Animals shall not be grazed on an active sewage sludge unit, unless the owner/operator of the surface disposal site demonstrates to the permitting authority that through management practices public health and the environment are protected from any reasonably anticipated adverse effects of pollutants in sewage sludge when animals are grazed.
(m) Public access to a surface disposal site shall be restricted for the period that the surface disposal site contains an active sewage sludge unit and for three years after the last active sewage sludge unit in the surface disposal site closes.
(n)(1) Sewage sludge placed on an active sewage sludge unit shall not contaminate an aquifer.
(2) Results of a ground-water monitoring program developed by a qualified ground-water scientist or a certification by a qualified ground-water scientist shall be used to demonstrate that sewage sludge placed on an active sewage sludge unit does not contaminate an aquifer.
(a)
(b)
(c)
(a)
(2) After the sewage sludge has been monitored for two years at the frequency in Table 1 of § 503.26, the permitting authority may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in § 503.32 (a)(5)(ii) and (a)(5)(iii), but in no case shall the frequency of monitoring be less than once per year when sewage sludge is placed on an active sewage sludge unit.
(b)
(c)
(a) When sewage sludge (other than domestic septage) is placed on an active sewage sludge unit:
(1) The person who prepares the sewage sludge shall develop the following information and shall retain the information for five years.
(i) The concentration of each pollutant listed in Table 1 of § 503.23 in the sewage sludge when the pollutant concentrations in Table 1 of § 503.23 are met.
(ii) The following certification statement:
“I certify, under penalty of law, that the pathogen requirements in [insert § 503.32(a), § 503.32(b)(2), § 503.32(b)(3), or § 503.32(b)(4) when one of those requirements is met] and the vector attraction reduction requirements in [insert one of the vector attraction reduction requirements in § 503.33(b)(1) through § 503.33(b)(8) when one of those requirements is met] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine the [pathogen requirements and vector attraction reduction requirements if appropriate] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(iii) A description of how the pathogen requirements in § 503.32 (a), (b)(2), (b)(3), or (b)(4) are met when one of those requirements is met.
(iv) A description of how one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) is met when one of those requirements is met.
(2) The owner/operator of the surface disposal site, shall develop the following information and shall retain that information for five years.
(i) The concentration of each pollutant listed in Table 2 of § 503.23 in the sewage sludge when the pollutant concentrations in Table 2 of § 503.23 are met or when site-specific pollutant limits in § 503.23(b) are met.
(ii) The following certification statement:
“I certify, under penalty of law, that the management practices in § 503.24 and the vector attraction reduction requirement in [insert one of the requirements in § 503.33 (b)(9) through (b)(11) if one of those requirements is met] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices [and the vector attraction reduction requirements if appropriate] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(iii) A description of how the management practices in § 503.24 are met.
(iv) A description of how the vector attraction reduction requirements in § 503.33 (b)(9) through (b)(11) are met if one of those requirements is met.
(b) When domestic septage is placed on a surface disposal site:
(1) If the vector attraction reduction requirements in § 503.33(b)(12) are met, the person who places the domestic septage on the surface disposal site shall develop the following information and shall retain the information for five years:
(i) The following certification statement:
“I certify, under penalty of law, that the vector attraction reduction requirements in § 503.33(b)(12) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”
(ii) A description of how the vector attraction reduction requirements in § 503.33(b)(12) are met.
(2) The owner/operator of the surface disposal site shall develop the following information and shall retain that information for five years:
(i) The following certification statement:
“I certify, under penalty of law, that the management practices in § 503.24 and the vector attraction reduction requirements in [insert § 503.33(b)(9) through § 503.33(b)(11) when one of those requirements is met] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices [and the vector attraction reduction requirements if appropriate] have been met. I am aware that there are significant penalties for false certification including the possibility of fine or imprisonment.”
(ii) A description of how the management practices in § 503.24 are met.
(iii) A description how the vector attraction reduction requirements in § 503.33(b)(9) through § 503.33(b)(11) are met if one of those requirements is met.
Class I sludge management facilities, POTWs (as defined in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more shall submit the information in § 503.27(a) to the permitting authority on February 19 of each year.
(a) This subpart contains the requirements for a sewage sludge to be classified either Class A or Class B with respect to pathogens.
(b) This subpart contains the site restrictions for land on which a Class B sewage sludge is applied.
(c) This subpart contains the pathogen requirements for domestic septage applied to agricultural land, forest, or a reclamation site.
(d) This subpart contains alternative vector attraction reduction requirements for sewage sludge that is applied to the land or placed on a surface disposal site.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(a)
(2) The Class A pathogen requirements in § 503.32 (a)(3) through (a)(8) shall be met either prior to meeting or at the same time the vector attraction reduction requirements in § 503.33, except the vector attraction reduction requirements in § 503.33 (b)(6) through (b)(8), are met.
(3)
(ii) The temperature of the sewage sludge that is used or disposed shall be maintained at a specific value for a period of time.
(A) When the percent solids of the sewage sludge is seven percent or higher, the temperature of the sewage sludge shall be 50 degrees Celsius or higher; the time period shall be 20 minutes or longer; and the temperature and time period shall be determined using equation (2), except when small particles of sewage sludge are heated by either warmed gases or an immiscible liquid.
(B) When the percent solids of the sewage sludge is seven percent or higher and small particles of sewage sludge are heated by either warmed gases or an immiscible liquid, the temperature of the sewage sludge shall be 50 degrees Celsius or higher; the time period shall be 15 seconds or longer; and the temperature and time period shall be determined using equation (2).
(C) When the percent solids of the sewage sludge is less than seven percent and the time period is at least 15 seconds, but less than 30 minutes, the temperature and time period shall be determined using equation (2).
(D) When the percent solids of the sewage sludge is less than seven percent; the temperature of the sewage sludge is 50 degrees Celsius or higher; and the time period is 30 minutes or longer, the temperature and time period shall be determined using equation (3).
(4)
(ii)(A) The pH of the sewage sludge that is used or disposed shall be raised to above 12 and shall remain above 12 for 72 hours.
(B) The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the sewage sludge is above 12.
(C) At the end of the 72 hour period during which the pH of the sewage sludge is above 12, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent.
(5)
(ii)(A) The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains enteric viruses.
(B) When the density of enteric viruses in the sewage sludge prior to pathogen treatment is less than one Plaque-forming Unit per four grams of
(C) When the density of enteric viruses in the sewage sludge prior to pathogen treatment is equal to or greater than one Plaque-forming Unit per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses when the density of enteric viruses in the sewage sludge after pathogen treatment is less than one Plaque-forming Unit per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the enteric virus density requirement are documented.
(D) After the enteric virus reduction in paragraph (a)(5)(ii)(C) of this section is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to enteric viruses when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in paragraph (a)(5)(ii)(C) of this section.
(iii)(A) The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains viable helminth ova.
(B) When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is less than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova until the next monitoring episode for the sewage sludge.
(C) When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is equal to or greater than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova when the density of viable helminth ova in the sewage sludge after pathogen treatment is less than one per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the viable helminth ova density requirement are documented.
(D) After the viable helminth ova reduction in paragraph (a)(5)(iii)(C) of this section is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to viable helminth ova when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in paragraph (a)(5)(iii)(C) of this section.
(6)
(ii) The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 503.10 (b), (c), (e), or (f), unless otherwise specified by the permitting authority.
(iii) The density of viable helminth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 503.10 (b), (c), (e), or (f), unless otherwise specified by the permitting authority.
(7)
(ii) Sewage sludge that is used or disposed shall be treated in one of the Processes to Further Reduce Pathogens described in appendix B of this part.
(8)
(ii) Sewage sludge that is used or disposed shall be treated in a process that is equivalent to a Process to Further Reduce Pathogens, as determined by the permitting authority.
(b)
(ii) The site restrictions in § 503.32(b)(5) shall be met when sewage sludge that meets the Class B pathogen requirements in § 503.32(b)(2), (b)(3), or (b)(4) is applied to the land.
(2)
(ii) The geometric mean of the density of fecal coliform in the samples collected in paragraph (b)(2)(i) of this section shall be less than either 2,000,000 Most Probable Number per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Units per gram of total solids (dry weight basis).
(3)
(4)
(5)
(ii) Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of sewage sludge when the sewage sludge remains on the land surface for four months or longer prior to incorporation into the soil.
(iii) Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than four months prior to incorporation into the soil.
(iv) Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of sewage sludge.
(v) Animals shall not be allowed to graze on the land for 30 days after application of sewage sludge.
(vi) Turf grown on land where sewage sludge is applied shall not be harvested for one year after application of the sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the permitting authority.
(vii) Public access to land with a high potential for public exposure shall be restricted for one year after application of sewage sludge.
(viii) Public access to land with a low potential for public exposure shall be
(c)
(2) The pH of domestic septage applied to agricultural land, forest, or a reclamation site shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes and the site restrictions in § 503.32 (b)(5)(i) through (b)(5)(iv) shall be met.
(a)(1) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(10) shall be met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site.
(2) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) shall be met when bulk sewage sludge is applied to a lawn or a home garden.
(3) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land.
(4) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(11) shall be met when sewage sludge (other than domestic septage) is placed on an active sewage sludge unit.
(5) One of the vector attraction reduction requirements in § 503.33 (b)(9), (b)(10), or (b)(12) shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site and one of the vector attraction reduction requirements in § 503.33 (b)(9) through (b)(12) shall be met when domestic septage is placed on an active sewage sludge unit.
(b)(1) The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38 percent (see calculation procedures in “Environmental Regulations and Technology—Control of Pathogens and Vector Attraction in Sewage Sludge”, EPA-625/R-92/013, 1992, U.S. Environmental Protection Agency, Cincinnati, Ohio 45268).
(2) When the 38 percent volatile solids reduction requirement in § 503.33(b)(1) cannot be met for an anaerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. When at the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 17 percent, vector attraction reduction is achieved.
(3) When the 38 percent volatile solids reduction requirement in § 503.33(b)(1) cannot be met for an aerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge that has a percent solids of two percent or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. When at the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15 percent, vector attraction reduction is achieved.
(4) The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.
(5) Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius.
(6) The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and then at 11.5 or higher for an additional 22 hours.
(7) The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75 percent based on the moisture content and total solids prior to mixing with other materials.
(8) The percent solids of sewage sludge that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90 percent based on the moisture content and total solids prior to mixing with other materials.
(9)(i) Sewage sludge shall be injected below the surface of the land.
(ii) No significant amount of the sewage sludge shall be present on the land surface within one hour after the sewage sludge is injected.
(iii) When the sewage sludge that is injected below the surface of the land is Class A with respect to pathogens, the sewage sludge shall be injected below the land surface within eight hours after being discharged from the pathogen treatment process.
(10)(i) Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the soil within six hours after application to or placement on the land.
(ii) When sewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge shall be applied to or placed on the land within eight hours after being discharged from the pathogen treatment process.
(11) Sewage sludge placed on an active sewage sludge unit shall be covered with soil or other material at the end of each operating day.
(12) The pH of domestic septage shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes.
(a) This subpart applies to a person who fires sewage sludge in a sewage sludge incinerator, to a sewage sludge incinerator, and to sewage sludge fired in a sewage sludge incinerator.
(b) This subpart applies to the exit gas from a sewage sludge incinerator stack.
(c) The management practice in § 503.45(a), the frequency of monitoring requirement for total hydrocarbon concentration in § 503.46(b) and the recordkeeping requirements for total hydrocarbon concentration in § 503.47(c) and (n) do not apply if the following conditions are met:
(1) The exit gas from a sewage sludge incinerator stack is monitored continuously for carbon monoxide.
(2) The monthly average concentration of carbon monoxide in the exit gas from a sewage sludge incinerator stack, corrected for zero percent moisture and to seven percent oxygen, does not exceed 100 parts per million on a volumetric basis.
(3) The person who fires sewage sludge in a sewage sludge incinerator retains the following information for five years:
(i) The carbon monoxide concentrations in the exit gas; and
(ii) A calibration and maintenance log for the instrument used to measure the carbon monoxide concentration.
(4) Class I sludge management facilities, POTWs (as defined in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve a population of 10,000 people or greater submit the monthly average carbon monoxide concentrations in the exit gas to the permitting authority on February 19 of each year.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
No person shall fire sewage sludge in a sewage sludge incinerator except in compliance with the requirements in this subpart.
(a) Firing of sewage sludge in a sewage sludge incinerator shall not violate the requirements in the National Emission Standard for Beryllium in subpart C of 40 CFR part 61.
(b) Firing of sewage sludge in a sewage sludge incinerator shall not violate the requirements in the National Emission Standard for Mercury in subpart E of 40 CFR part 61.
(c)
(2)(i) When the sewage sludge stack height is 65 meters or less, the actual sewage sludge incinerator stack height shall be used in an air dispersion model specified by the permitting authority to determine the dispersion factor (DF) in equation (4).
(ii) When the sewage sludge incinerator stack height exceeds 65 meters, the creditable stack height shall be determined in accordance with 40 CFR
(3) The control efficiency (CE) in equation (5) shall be determined from a performance test of the sewage sludge incinerator, as specified by the permitting authority.
(d)
(2) The risk specific concentrations for arsenic, cadmium, and nickel used in equation (6) shall be obtained from Table 1 of § 503 .43.
(3) The risk specific concentration for chromium used in equation (5) shall be obtained from Table 2 of § 503.43 or shall be calculated using equation (6), as specified by the permitting authority.
(4)(i) When the sewage sludge incinerator stack height is equal to or less than 65 meters, the actual sewage sludge incinerator stack height shall be used in an air dispersion model, as specified by the permitting authority, to determine the dispersion factor (DF) in equation (5).
(ii) When the sewage sludge incinerator stack height is greater than 65 meters, the creditable stack height shall be determined in accordance with 40 CFR 51.100(ii) and the creditable stack height shall be used in an air dispersion model, as specified by the permitting authority, to determine the dispersion factor (DF) in equation (5).
(5) The control efficiency (CE) in equation (5) shall be determined from a performance test of the sewage sludge incinerator, as specified by the permitting authority.
(a) The total hydrocarbons concentration in the exit gas from a sewage sludge incinerator shall be corrected for zero percent moisture by multiplying the measured total hydrocarbons concentration by the correction factor calculated using equation (7).
(b) The total hydrocarbons concentration in the exit gas from a sewage sludge incinerator shall be corrected to seven percent oxygen by multiplying the measured total hydrocarbons concentration by the correction factor calculated using equation (8).
(c) The monthly average concentration for total hydrocarbons in the exit gas from a sewage sludge incinerator stack, corrected for zero percent moisture using the correction factor from equation (7) and to seven percent oxygen using the correction factor from equation (8), shall not exceed 100 parts per million on a volumetric basis when measured using the instrument required by § 503.45(a).
(a)(1) An instrument that measures and records the total hydrocarbons concentration in the sewage sludge incinerator stack exit gas continuously shall be installed, calibrated, operated, and maintained for each sewage sludge incinerator, as specified by the permitting authority.
(2) The total hydrocarbons instrument shall employ a flame ionization detector; shall have a heated sampling line maintained at a temperature of 150 degrees Celsius or higher at all times; and shall be calibrated at least once every 24-hour operating period using propane.
(b) An instrument that measures and records the oxygen concentration in the sewage sludge incinerator stack exit gas continuously shall be installed, calibrated, operated, and maintained for each sewage sludge incinerator, as specified by the permitting authority.
(c) An instrument that measures and records information used to determine the moisture content in the sewage sludge incinerator stack exit gas continuously shall be installed, calibrated, operated, and maintained for each sewage sludge incinerator, as specified by the permitting authority.
(d) An instrument that measures and records combustion temperatures continuously shall be installed, calibrated, operated, and maintained for each sewage sludge incinerator, as specified by the permitting authority.
(e) The maximum combustion temperature for a sewage sludge incinerator shall be specified by the permitting authority and shall be based on information obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies.
(f) The values for the operating parameters for the sewage sludge incinerator air pollution control device shall be specified by the permitting authority and shall be based on information obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies.
(g) Sewage sludge shall not be fired in a sewage sludge incinerator if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat.
(a)
(2) The frequency of monitoring for arsenic, cadmium, chromium, lead, and nickel in sewage sludge fed to a sewage sludge incinerator shall be the frequency in Table 1 of § 503.46.
(3) After the sewage sludge has been monitored for two years at the frequency in Table 1 of § 503.46, the permitting authority may reduce the frequency of monitoring for arsenic, cadmium, chromium, lead, and nickel, but in no case shall the frequency of monitoring be less than once per year when sewage sludge is fired in a sewage sludge incinerator.
(b)
(c)
(a) The person who fires sewage sludge in a sewage sludge incinerator shall develop the information in § 503.47(b) through § 503.47(n) and shall retain that information for five years.
(b) The concentration of lead, arsenic, cadmium, chromium, and nickel in the sewage sludge fed to the sewage sludge incinerator.
(c) The total hydrocarbons concentrations in the exit gas from the sewage sludge incinerator stack.
(d) Information that indicates the requirements in the National Emission Standard for beryllium in subpart C of 40 CFR part 61 are met.
(e) Information that indicates the requirements in the National Emission Standard for mercury in subpart E of 40 CFR part 61 are met.
(f) The combustion temperatures, including the maximum combustion temperature, for the sewage sludge incinerator.
(g) Values for the air pollution control device operating parameters.
(h) The oxygen concentration and information used to measure moisture content in the exit gas from the sewage sludge incinerator stack.
(i) The sewage sludge feed rate.
(j) The stack height for the sewage sludge incinerator.
(k) The dispersion factor for the site where the sewage sludge incinerator is located.
(l) The control efficiency for lead, arsenic, cadmium, chromium, and nickel for each sewage sludge incinerator.
(m) The risk specific concentration for chromium calculated using equation (6), if applicable.
(n) A calibration and maintenance log for the instruments used to measure the total hydrocarbons concentration and oxygen concentration in the exit gas from the sewage sludge incinerator stack, the information needed to determine moisture content in the exit gas, and the combustion temperatures.
Class I sludge management facilities, POTWs (as defined in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve a population of 10,000 people or greater shall submit the information in § 503.47(b) through § 503.47(h) to the permitting authority on February 19 of each year.
Section 503.13(a)(4)(ii) requires that the product of the concentration for each pollutant listed in Table 4 of § 503.13 in sewage sludge sold or given away in a bag or other container for application to the land and the
The relationship between the annual pollutant loading rate (APLR) for a pollutant and the annual whole sludge application rate (AWSAR) for 1a sewage sludge is shown in equation (1).
To determine the AWSAR, equation (1) is rearranged into equation (2):
The procedure used to determine the AWSAR for a sewage sludge is presented below.
1. Analyze a sample of the sewage sludge to determine the concentration for each of the pollutants listed in Table 4 of § 503.13 in the sewage sludge.
2. Using the pollutant concentrations from Step 1 and the APLRs from Table 4 of § 503.13, calculate an AWSAR for each pollutant using equation (2) above.
3. The AWSAR for the sewage sludge is the lowest AWSAR calculated in Step 2.
1. Aerobic digestion—Sewage sludge is agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 40 days at 20 degrees Celsius and 60 days at 15 degrees Celsius.
2. Air drying—Sewage sludge is dried on sand beds or on paved or unpaved basins. The sewage sludge dries for a minimum of three months. During two of the three months, the ambient average daily temperature is above zero degrees Celsius.
3. Anaerobic digestion—Sewage sludge is treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees Celsius.
4. Composting—Using either the within-vessel, static aerated pile, or windrow composting methods, the temperature of the sewage sludge is raised to 40 degrees Celsius or higher and remains at 40 degrees Celsius or higher for five days. For four hours during the five days, the temperature in the compost pile exceeds 55 degrees Celsius.
5. Lime stabilization—Sufficient lime is added to the sewage sludge to raise the pH of the sewage sludge to 12 after two hours of contact.
B. Processes to Further Reduce Pathogens (PFRP)
1. Composting—Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the sewage sludge is maintained at 55 degrees Celsius or higher for three days.
Using the windrow composting method, the temperature of the sewage sludge is maintained at 55 degrees or higher for 15 days or longer. During the period when the compost is maintained at 55 degrees or higher, there shall be a minimum of five turnings of the windrow.
2. Heat drying—Sewage sludge is dried by direct or indirect contact with hot gases to reduce the moisture content of the sewage sludge to 10 percent or lower. Either the temperature of the sewage sludge particles exceeds 80 degrees Celsius or the wet bulb temperature of the gas in contact with the sewage sludge as the sewage sludge leaves the dryer exceeds 80 degrees Celsius.
3. Heat treatment—Liquid sewage sludge is heated to a temperature of 180 degrees Celsius or higher for 30 minutes.
4. Thermophilic aerobic digestion—Liquid sewage sludge is agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the sewage sludge is 10 days at 55 to 60 degrees Celsius.
5. Beta ray irradiation—Sewage sludge is irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (ca. 20 degrees Celsius).
6. Gamma ray irradiation—Sewage sludge is irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at room temperature (ca. 20 degrees Celsius).
7. Pasteurization—The temperature of the sewage sludge is maintained at 70 degrees Celsius or higher for 30 minutes or longer.
15 U.S.C. 2001, 2002, 2003, 2005, 2006, and 2013.
For a document removing the OMB control number wherever it appeared in part 600, see 58 FR 34370, June 25, 1993.
(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in those sections pertaining specifically to electric vehicles.
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
(a) The provisions of this subpart are applicable to 1993 and later model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in those sections pertaining specifically to electric vehicles.
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
(a) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act:
(1) “Act” means part I of title V of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.).
(2) “Administrator” means the Administrator of the Environmental Protection Agency or his authorized representative.
(3) “Secretary” means the Secretary of Transportation or his authorized representative.
(4) “Automobile” means:
(i) Any four-wheel vehicle propelled by a combustion engine using onboard fuel or by an electric motor drawing current from rechargeable storage batteries or other portable energy storage devices (rechargeable using energy from a source off the vehicle such as residential electric service),
(ii) Which is manufactured primarily for use on public streets, roads, or highways (except any vehicle operated on a rail or rails),
(iii) Which is rated at not more than 8,500 pounds gross vehicle weight, which has a curb weight of not more than 6,000 pounds, and which has a basic vehicle frontal area of not more than 45 square feet, or
(iv) Is a type of vehicle which the Secretary determines is substantially used for the same purposes.
(5) “Passenger Automobile” means any automobile which the Secretary determines is manufactured primarily for use in the transportation of no more than 10 individuals.
(6) “Model Year” means the manufacturer's annual production period (as determined by the Administrator) which includes January 1 of such calendar year. If a manufacturer has no annual production period, the term “model year” means the calendar year.
(7) “Federal Emission Test Procedure” refers to the dynamometer driving schedule, dynamometer procedure, and sampling and analytical procedures described in part 86 for the respective model year, which are used to derive city fuel economy data for gasoline-fueled or diesel vehicles.
(8) “Federal Highway Fuel Economy Test Procedure” refers to the dynamometer driving schedule, dynamometer procedure, and sampling and analytical procedures described in subpart B of this part and which are used to derive highway fuel economy data for gasoline-fueled or diesel vehicles.
(9) “Fuel” means (i) gasoline and diesel fuel for gasoline- or diesel-powered automobiles or (ii) electrical energy for electrically powered automobiles.
(10) “Fuel Economy” means (i) the average number of miles traveled by an automobile or group of automobiles per gallon of gasoline or diesel fuel consumed as computed in § 600.113 or § 600.207 or (ii) the equivalent petroleum-based fuel economy for an electrically powered automobile as determined by the Secretary of Energy.
(11) “City Fuel Economy” means the fuel economy determined by operating a vehicle (or vehicles) over the driving schedule in the Federal emission test procedure.
(12) “Highway Fuel Economy” means the fuel economy determined by operating a vehicle (or vehicles) over the driving schedule in the Federal highway fuel economy test procedure.
(13)(i) “Combined Fuel Economy” means the fuel economy value determined for a vehicle (or vehicles) by harmonically averaging the city and highway fuel economy values, weighted 0.55 and 0.45 respectively, for gasoline-fueled and diesel vehicles.
(ii) For electric vehicles, the term means the equivalent petroleum-based fuel economy value as determined by the calculation procedure promulgated by the Secretary of Energy.
(14) “Average Fuel Economy” means the unique fuel economy value as computed under § 600.510 for a specific class of automobiles produced by a manufacturer that is subject to average fuel economy standards.
(15) “Certification Vehicle” means a vehicle which is selected under 40 CFR 86.084-24(b)(1) or 40 CFR 86.1824-01 as applicable, and is used to determine compliance under 40 CFR 86.084-30 or 40 CFR 86.1844-01 as applicable for issuance of an original certificate of conformity.
(16) “Fuel Economy Data Vehicle” means a vehicle used for the purpose of determining fuel economy which is not a certification vehicle.
(17) “Label” means a sticker that contains fuel economy information and is affixed to new automobiles in accordance with subpart D of this part.
(18) “Dealer” means a person who resides or is located in the United States, any territory of the United States, or
(19) “Model Type” means a unique combination of car line, basic engine, and transmission class.
(20) “Car Line” means a name denoting a group of vehicles within a make or car division which has a degree of commonality in construction (e.g., body, chassis). Car line does not consider any level of decor or opulence and is not generally distinguished by characteristics as roof line, number of doors, seats, or windows, except for station wagons or light-duty trucks. Station wagons and light-duty trucks are considered to be different car lines than passenger cars.
(21) “Basic Engine” means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), catalyst usage, and other engine and emission control system characteristics specified by the Administrator. For electric vehicles, basic engine means a unique combination of manufacturer and electric traction motor, motor controller, battery configuration, electrical charging system, energy storage device, and other components as specified by the Administrator.
(22) “Transmission Class” means a group of transmissions having the following common features: Basic transmission type (manual, automatic, or semi-automatic); number of forward gears used in fuel economy testing (e.g., manual four-speed, three-speed automatic, two-speed semi-automatic); drive system (e.g., front wheel drive, rear wheel drive; four wheel drive), type of overdrive, if applicable (e.g., final gear ratio less than 1.00, separate overdrive unit); torque converter type, if applicable (e.g., non-lockup, lockup, variable ratio); and other transmission characteristics that may be determined to be significant by the Administrator.
(23) “Base Level” means a unique combination of basic engine inertia weight class and transmission class.
(24) “Vehicle Configuration” means a unique combination of basic engine, engine code, inertia weight class, transmission configuration, and axle ratio within a base level.
(25) “Engine Code” means, for gasoline-fueled and diesel vehicles, a unique combination, within an engine-system combination (as defined in part 86 of this chapter), of displacement, carburetor (or fuel injection) calibration, distributor calibration, choke calibration, auxiliary emission control devices, and other engine and emission control system components specified by the Administrator. For electric vehicles, engine code means a unique combination of manufacturer, electric traction motor, motor configuration, motor controller, and energy storage device.
(26) “Inertia Weight Class” means the class, which is a group of test weights, into which a vehicle is grouped based on its loaded vehicle weight in accordance with the provisions of part 86.
(27) “Transmission Configuration” means the Administrator may further subdivide within a transmission class if the Administrator determines that sufficient fuel economy differences exist. Features such as gear ratios, torque converter multiplication ratio, stall speed, shift calibration, or shift speed may be used to further distinguish characteristics within a transmission class.
(28) “Axle Ratio” means the number of times the input shaft to the differential (or equivalent) turns for each turn of the drive wheels.
(29) “Auxiliary Emission Control Device (AECD)” means an element of design as defined in part 86.
(30) “Rounded” means a number shortened to the specific number of decimal places in accordance with the “Round Off Method” specified in ASTM E 29-67.
(31) “Calibration” means the set of specifications, including tolerances, unique to a particular design, version of application of a component, or component assembly capable of functionally describing its operation over its working range.
(32) “Production Volume” means, for a domestic manufacturer, the number of vehicle units domestically produced in a particular model year but not exported, and for a foreign manufacturer,
(33) “Body Style” means a level of commonality in vehicle construction as defined by number of doors and roof treatment (e.g., sedan, convertible, fastback, hatchback) and number of seats (i.e., front, second, or third seat) requiring seat belts pursuant to National Highway Traffic Safety Administration safety regulations. Station wagons and light trucks are identified as car lines.
(34) “Hatchback” means a passenger automobile where the conventional luggage compartment, i.e., trunk, is replaced by a cargo area which is open to the passenger compartment and accessed vertically by a rear door which encompasses the rear window.
(35) “Pickup Truck” means a nonpassenger automobile which has a passenger compartment and an open cargo bed.
(36) “Station Wagon” means a passenger automobile with an extended roof line to increase cargo or passenger capacity, cargo compartment open to the passenger compartment, a tailgate, and one or more rear seats readily removed or folded to facilitate cargo carrying.
(37) “Gross Vehicle Weight Rating” means the manufacturer's gross weight rating for the individual vehicle.
(38) “Ultimate Consumer” means the first person who purchases an automobile for purposes other than resale or leases an automobile.
(39) “Van” means any light truck having an integral enclosure fully enclosing the driver compartment and load-carrying device, and having no body sections protruding more than 30 inches ahead of the leading edge of the windshield.
(40) “Base Vehicle” means the lowest priced version of each body style that makes up a car line.
(41) “Nonpassenger Automobile” means an automobile that is not a passenger automobile, as defined by the Secretary of Transportation at 49 CFR 523.5.
(42) “Four-Wheel-Drive General Utility Vehicle” means a four-wheel-drive, general purpose automobile capable of off-highway operation that has a wheelbase not more than 110 inches and that has a body shape similar to a 1977 Jeep CJ-5 or CJ-7, or the 1977 Toyota Land Cruiser, as defined by the Secretary of Transportation at 49 CFR 553.4.
(43) “Test Weight” means the weight within an inertia weight class which is used in the dynamometer testing of a vehicle, and which is based on its loaded vehicle weight in accordance with the provisions of part 86.
(44) “Secretary of Energy” means the Secretary of Energy or his authorized representative.
(45) “Electric Traction Motor” means an electrically powered motor which provides tractive energy to the wheels of a vehicle.
(46) “Energy Storage Device” means a rechargeable means of storing tractive energy on board a vehicle such as storage batteries or a flywheel.
(47) “Motor Controller” means an electronic or electro-mechanical device to convert energy stored in an energy storage device into a form suitable to power the traction motor.
(48) “Electrical Charging System” means a device to convert 60Hz alternating electric current, as commonly available in residential electric service in the United States, to a proper form for recharging the energy storage device.
(49) “Battery Configuration” means the electrochemical type, voltage, capacity (in Watt-hours at the c/3 rate), and physical characteristics of the battery used as the tractive energy storage device.
(50) “Drive System” is determined by the number and location of drive axles (e.g., front wheel drive, rear wheel drive, four wheel drive) and any other feature of the drive system if the Administrator determines that such other features may result in a fuel economy difference.
(51) “Subconfiguration” means a unique combination, within a vehicle configuration of equivalent test weight, road-load horsepower, and any other operational characteristics or parameters which the Administrator determines may significantly affect fuel
(a) As used in this subpart, all terms not defined in this section shall have the meaning given them in the Act:
(1)
(2)
(3)
(4)
(i) Any four-wheel vehicle propelled by a combustion engine using onboard fuel, or by an electric motor drawing current from rechargeable storage batteries or other portable energy storage devices (rechargeable using energy from a source off the vehicle such as residential electric service);
(ii) Which is manufactured primarily for use on public streets, roads, or highways (except any vehicle operated on a rail or rails);
(iii) Which is rated at not more than 8,500 pounds gross vehicle weight, which has a curb weight of not more than 6,000 pounds, and which has a basic vehicle frontal area of not more than 45 square feet; or
(iv) Is a type of vehicle which the Secretary determines is substantially used for the same purposes.
(5)
(6)
(7)
(8)
(9)
(i) Gasoline and diesel fuel for gasoline- or diesel-powered automobiles; or
(ii) Electrical energy for electrically powered automobiles; or
(iii) Alcohol for alcohol-powered automobiles; or
(iv) Natural gas for natural gas-powered automobiles.
(10)
(i) The average number of miles traveled by an automobile or group of automobiles per volume of fuel consumed as computed in § 600.113 or § 600.207; or
(ii) The equivalent petroleum-based fuel economy for an electrically powered automobile as determined by the Secretary of Energy.
(11)
(12)
(13)
(i) The fuel economy value determined for a vehicle (or vehicles) by harmonically averaging the city and highway fuel economy values, weighted 0.55 and 0.45 respectively.
(ii) For electric vehicles, the term means the equivalent petroleum-based fuel economy value as determined by the calculation procedure promulgated by the Secretary of Energy.
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
(50)
(51)
(52)
(53)
(54)
(i) Which is designed to operate on alcohol and on gasoline or diesel fuel;
(ii) Which provides equal or greater energy efficiency as calculated in accordance with § 600.510(g)(1) while operating on alcohol as it does while operating on gasoline or diesel fuel;
(iii) Which, for model years 1993 through 1995, provides equal or superior energy efficiency, as determined in § 600.510(g)(2) while operating on a mixture of alcohol and gasoline or diesel fuel containing 50 percent gasoline or diesel fuel as it does while operating on gasoline or diesel fuel; and
(iv) Which, in the case of passenger automobiles, meets or exceeds the minimum driving range established by the Department of Transportation in 49 CFR part 538.
(55) “Natural gas-fueled automobile” means an automobile designed to operate exclusively on natural gas.
(56) “Natural gas dual fuel automobile” means an automobile:
(i) Which is designed to operate on natural gas and on gasoline or diesel fuel;
(ii) Which provides equal or greater energy efficiency as calculated in § 600.510(g)(1) while operating on natural gas as it does while operating on gasoline or diesel fuel; and
(iii) Which, in the case of passenger automobiles, meets or exceeds the minimum driving range established by the Department of Transportation in 49 CFR part 538.
(b) [Reserved]
(a) The abbreviations used in this subpart have the same meaning as those in 40 CFR part 86, with the addition of the following: “MPG” means miles per gallon. GVWR—Gross Vehicle Weight Rating.
(a) The model year of initial applicability is indicated by the section number. The two digits following the hyphen designate the first model year for which a section is effective. A section is effective until superseded.
Section 600.111-78 applies to the 1978 and subsequent model years until superseded. If a § 600.111-81 is promulgated, it would take effect beginning with the 1981 model year; § 600.111-78 would apply to model years 1978 through 1980.
(b) A section reference without a model year suffix refers to the section applicable for the appropriate model year.
The provisions of this section are applicable to all fuel economy data vehicles. Certification vehicles are required to meet the provisions of 40 CFR 86.000-7 or 40 CFR 86.1844-01, as applicable:
(a) The manufacturer of any new motor vehicle subject to any of the standards or procedures prescribed in this part shall establish, maintain, and retain the following adequately organized and indexed records:
(1)
(ii) A description of all procedures used to test each vehicle.
(iii) A copy of the information required to be submitted under § 600.006 fulfills the requirements of paragraph (a)(1)(i) of this section.
(2)
(A) The steps taken to ensure that the vehicle with respect to its engine, drive train, fuel system, emission control system components, exhaust after treatment device, vehicle weight, or any other device or component, as applicable, will be representative of production vehicles. In the case of electric vehicles, the manufacturer should describe the steps taken to ensure that the vehicle with respect to its electic traction motor, motor controller, battery configuration, or any other device or component, as applicable, will be representative of production vehicles.
(B) A complete record of all emission tests performed under part 86, all fuel economy tests performed under part 600 (except tests actually performed by EPA personnel), and all electic vehicle tests performed according to procedures promulgated by DOE, including all individual worksheets and other documentation relating to each such test or exact copies thereof; the date, time, purpose, and location of each test; the number of miles accumulated on the vehicle when the tests began and ended; and the names of supervisory personnel responsible for the conduct of the tests.
(C) A description of mileage accumulated since selection of buildup of such vehicles including the date and time of each mileage accumulation listing both the mileage accumulated and the name of each driver, or each operator of the automatic mileage accumulation device, if applicable. Additionally, a description of mileage accumulated prior to selection or buildup of such vechicle must be maintained in such detail as is available.
(D) If used, the record of any devices employed to record the speed of mileage, or both, of the test vehicle in relationship to time.
(E) A record and description of all maintenance and other servicing performed, within 2,000 miles prior to fuel economy testing under this part, giving the date and time of the maintenance or service, the reason for it, the person authorizing it, and the names of supervisory personnel responsible for the conduct of the maintenance or service. A copy of the maintenance information to be submitted under § 600,006-81 fulfills the requirements of this paragraph.
(F) A brief description of any significant events affecting the vehicle during any time of the period covered by the history not described in an entry under one of the previous headings including such extraordinary events as vehicle accidents or driver speeding citations or warnings.
(3) The manufacturer shall retain all records required under this subpart for a period of five years after the end of the model year to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided that in every case all the information contained in hard copy shall be retained.
(b)(1) Any manufacturer who has supplied fuel economy data to meet the requirements of this part shall admit any EPA Enforcement Officer during operating hours upon presentation of credentials at any of the following:
(i) Any facility where any fuel economy tests from which data are submitted or any procedures or activities connected with these tests are performed.
(ii) Any facility where any new motor vehicle which is being, was, or is to be tested is present.
(iii) Any facility where any construction process used in the modification or buildup of a vehicle into a fuel economy data vehicle is taking place or has taken place.
(iv) Any facility where any record or other document relating to any of the above is located.
(2) Upon admission to any facility referred to in paragraph (b)(1) of this section, the manufacturer shall allow any EPA Enforcement Officer:
(i) To inspect and monitor any part or aspect of procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle preconditioning; emission and fuel economy tests and mileage accumulation; maintenance; vehicle soak and storage procedures; and to verify correlation of calibration of test equipment;
(ii) To inspect and make copies of any required records, designs, or other documents; and
(iii) To inspect and photograph any part or aspect of any fuel economy vehicle and any components to be used in the construction thereof.
(3) Any EPA Enforcement Officer will be furnished, by those in charge of facility being inspected, with such reasonable assistance as may be required to help discharge any function listed in this paragraph (b). Each manufacturer is required to have those in charge of the facility furnish such reasonable assistance without charge to EPA whether or not the manufacturer controls the facility.
(4) The duty to admit any EPA Enforcement Officer shall be applicable whether or not the manufacturer owns or controls the facility in question and is applicable to both domestic and foreign manufacturers and facilities. An EPA Enforcement Officer will not attempt to make any inspections which the officer has been informed are in contravention of any law. However, if local law makes it impossible for the EPA Enforcement Officer to verify or to ensure the accuracy of data generated at a facility such that no informed judgment can properly be made as to the accuracy or reliability of data generated by or obtained for the facility, then a vehicle or data from that vehicle shall not be accepted for use in subpart C or F of this part (unless the Administrator is otherwise convinced of the accuracy and reliability of such data).
(5) For purposes of this paragraph (b):
(i) “Presentation of credentials” means display of the document designating a person as an EPA Enforcement Officer.
(ii) Where vehicle, component, or engine storage areas or facilities are concerned, “operating hours” shall mean all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.
(iii) For facilities or areas other than those covered by paragraph (b)(5)(ii) of this section, the term, “operating hours” will mean all times during which an assembly line is in operation or all times during which testing, maintenance, mileage accumulation, production or compilation of records, or any other procedure or activity related to fuel economy testing, or to vehicle manufacturer or assembly, is being carried out in a facility.
(iv) “Reasonable assistance” means providing timely and unobstructed access to and opportunity for the copying of any record, book, paper, or document required to be maintained under this section and providing timely and unobstructed access to any motor vehicle, testing facility, or testing equipment.
(v) Any entry without 24 hours prior written or oral notification to the affected manufacturer shall be authorized in writing by the Assistant Administrator for Enforcement.
(a) For certification vehicles with less than 10,000 miles, the requirements of this section are considered to have been met except as noted in paragraph (c) of this section.
(b)(1) The manufacturer shall submit the following information for each fuel economy data vehicle:
(i) A description of the vehicle, exhaust emission test results, applicable deterioration factors, and adjusted exhaust emission levels.
(ii) A statement of the origin of the vehicle including total mileage accumulation, and modifications (if any) from the vehicle configuration in which the mileage was accumulated. (For modifications requiring advance approval by the Administrator, the name of the Administrator's representative approving the modification and date of approval are required.) If the vehicle was previously used for testing for compliance with part 86 of this chapter or previously accepted by the Administrator as a fuel economy data vehicle in a different configuration, the requirements of this paragraph may be satisfied by reference to the vehicle number and previous configuration.
(iii) A statement that the fuel economy data vehicle, with respect to which data are submitted:
(A) Has been tested in accordance with applicable test procedures,
(B) Is, to the best of the manufacturer's knowledge, representative of the vehicle configuration listed, and
(C) Is in compliance with the applicable exhaust emission standards.
(2) The manufacturer shall retain the following information for each fuel economy data vehicle, and make it available to the Administrator upon request:
(i) A description of all maintenance to engine, emission control system, or fuel system components performed within 2,000 miles prior to fuel economy testing.
(ii) In the case of electric vehicles, the manufacturer should provide a description of all maintenance to electric motor, motor controller, battery configuration, or other components performed within 2,000 miles prior to fuel economy testing.
(iii) A copy of calibrations for engine, fuel system, and emission control devices, showing the calibration of the actual components on the test vehicle as well as the design tolerances.
(iv) In the case of electric vehicles, the manufacturer should provide a copy of calibrations for the electric motor, motor controller, battery configuration, or other components on the test vehicle as well as the design tolerances.
(v) If calibrations for components in paragraph (b) of this section were submitted previously as part of the description of another vehicle or configuration, the original submittal may be referenced.
(c) The manufacturer shall submit the following fuel economy data:
(1) For vehicles tested to meet the requirements of part 86 (other than those chosen in accordance with § 86.084-24 (c) and (h)), the city and highway fuel economy results from all tests on that vehicle, and the test results adjusted in accordance with paragraph (g) of this section.
(2) For each fuel economy data vehicle, all individual test results (excluding results of invalid and zero mile tests) and, if the data are used in fuel economy label calculations, the test results adjusted in accordance with paragraph (g) of this section.
(d) The manufacturer shall submit an indication of the intended purpose of the data (e.g., data required by the general labeling program or voluntarily submitted for specific labeling).
(e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy values derived from an analytical expression, e.g., regression analysis. In order for fuel economy values derived from analytical methods to be accepted, the expression (form and coefficients) must have been approved by the Administrator.
(f) If, in conducting tests required or authorized by this part, the manufacturer utilizes procedures, equipment, or facilities not described in the Application for Certification required in § 86.084-21, the manufacturer shall submit to the Administrator a description of such procedures, equipment, and facilities.
(g)(1) The manufacturer shall adjust all test data used for fuel economy label calculations generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:
(2) For vehicles with 6,200 miles (10,000 kilometers) or less accumulated, the manufacturer is not required to adjust the data.
(a) For certification vehicles with less than 10,000 miles, the requirements of this section are considered to have been met except as noted in paragraph (c) of this section.
(b)(1) The manufacturer shall submit the following information for each fuel economy data vehicle:
(i) A description of the vehicle, exhaust emission test results, applicable deterioration factors, and adjusted exhaust emission levels.
(ii) A statement of the origin of the vehicle including total mileage accumulation, and modifications (if any) from the vehicle configuration in which the mileage was accumulated. (For modifications requiring advance approval by the Administrator, the name of the Administrator's representative approving the modification and date of approval are required.) If the vehicle was previously used for testing for compliance with part 86 of this chapter or previously accepted by the Administrator as a fuel economy data vehicle in a different configuration, the requirements of this paragraph may be satisfied by reference to the vehicle number and previous configuration.
(iii) A statement that the fuel economy data vehicle, with respect to which data are submitted:
(A) Has been tested in accordance with applicable test procedures,
(B) Is, to the best of the manufacturer's knowledge, representative of the vehicle configuration listed, and
(C) Is in compliance with applicable exhaust emission standards.
(2) The manufacturer shall retain the following information for each fuel economy data vehicle, and make it available to the Administrator upon request:
(i) A description of all maintenance to engine, emission control system, or fuel system components performed within 2,000 miles prior to fuel economy testing.
(ii) In the case of electric vehicles, a description of all maintenance to electric motor, motor controller, battery configuration, or other components performed within 2,000 miles prior to fuel economy testing.
(iii) A copy of calibrations for engine, fuel system, and emission control devices, showing the calibration of the actual components on the test vehicle as well as the design tolerances.
(iv) In the case of electric vehicles, a copy of calibrations for the electric motor, motor controller, battery configuration, or other components on the test vehicle as well as the design tolerances.
(v) If calibrations for components specified in paragraph (b)(2) (iii) or (iv) of this section were submitted previously as part of the description of another vehicle or configuration, the original submittal may be referenced.
(c) The manufacturer shall submit the following fuel economy data:
(1) For vehicles tested to meet the requirements of part 86 (other than those chosen in accordance with § 86.085-24 (c) and (h)), the city and highway fuel economy results from all tests on that vehicle, and the test results adjusted in accordance with paragraph (g) of this section.
(2) For each fuel economy data vehicle, all individual test results (excluding results of invalid and zero mile tests) and these test results adjusted in accordance with paragraph (g) of this section.
(d) The manufacturer shall submit an indication of the intended purpose of the data (e.g., data required by the general labeling program or voluntarily submitted for specific labeling).
(e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy values derived from an analytical expression, e.g., regression analysis. In order for fuel economy values derived from analytical methods to be accepted, the expression (form and coefficients) must have been approved by the Administrator.
(f) If, in conducting tests required or authorized by this part, the manufacturer utilizes procedures, equipment, or facilities not described in the Application for Certification required in § 86.087-21, the manufacturer shall submit to the Administrator a description of such procedures, equipment, and facilities.
(g)(1) The manufacturer shall adjust all test data used for fuel economy label calculations in subpart D and average fuel economy calculations in subpart F for passenger automobiles within the categories identified in paragraphs (a)(1) and (a)(2) of § 600.510. The test data shall be adjusted in accordance with (g)(3) or (g)(4) as applicable.
(2) The manufacturer shall only adjust the test data used for fuel economy label calculations, in subpart D for light trucks within the categories
(3) The manufacturer shall adjust all test data generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:
(4) For vehicles with 6,200 miles or less accumulated, the manufacturer is not required to adjust the data.
(a) For certification vehicles with less than 10,000 miles, the requirements of this section are considered to have been met except as noted in paragraph (c) of this section.
(b)(1) The manufacturer shall submit the following information for each fuel economy data vehicle:
(i) A description of the vehicle, exhaust emission test results, applicable deterioration factors, adjusted exhaust emission levels, and test fuel property values as specified in § 600.113-93 except as specified in paragraph (h) of this section.
(ii) A statement of the origin of the vehicle including total mileage accumulation, and modification (if any) form the vehicle configuration in which the mileage was accumulated. (For modifications requiring advance approval by the Administrator, the name of the Administrator's representative approving the modification and date of approval are required.) If the vehicle was previously used for testing for compliance with part 86 of this chapter or previously accepted by the Administrator as a fuel economy data vehicle in a different configuration, the requirements of this paragraph may be satisfied by reference to the vehicle number and previous configuration.
(iii) A statement that the fuel economy data vehicle, with respect to which data are submitted:
(A) Has been tested in accordance with applicable test procedures,
(B) Is, to the best of the manufacturer's knowledge, representative of the vehicle configuration listed, and
(C) Is in compliance with applicable exhaust emission standards.
(2) The manufacturer shall retain the following information for each fuel economy data vehicle, and make it available to the Administrator upon request:
(i) A description of all maintenance to engine, emission control system, or fuel system, or fuel system components performed within 2,000 miles prior to fuel economy testing.
(ii) In the case of electric vehicles, a description of all maintenance to electric motor, motor controller, battery configuration, or other components performed within 2,000 miles prior to fuel economy testing.
(iii) A copy of calibrations for engine, fuel system, and emission control devices, showing the calibration of the actual components on the test vehicle as well as the design tolerances.
(iv) In the case of electric vehicles, a copy of calibrations for the electric motor, motor controller, battery configuration, or other components on the test vehicle as well as the design tolerances.
(v) If calibrations for components specified in paragraph (b)(2) (iii) or (iv) of this section were submitted previously as part of the description of another vehicle or configuration, the original submittal may be referenced.
(c) The manufacturer shall submit the following fuel economy data:
(1) For vehicles tested to meet the requirements of 40 CFR part 86 (other than those chosen in accordance with 40 CFR 86.1829-01(a) or 40 CFR 86.1844-01), the city and highway fuel economy results from all tests on that vehicle, and the test results adjusted in accordance with paragraph (g) of this section.
(2) For each fuel economy data vehicle, all individual test results (excluding results of invalid and zero mile tests) and these test results adjusted in
(d) The manufacturer shall submit an indication of the intended purpose of the data (e.g., data required by the general labeling program or voluntarily submitted for specific labeling).
(e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy values derived from an analytical expression, e.g., regression analysis. In order for fuel economy values derived from analytical methods to be accepted, the expression (form and coefficients) must have been approved by the Administrator.
(f) If, in conducting tests required or authorized by this part, the manufacturer utilizes procedures, equipment, or facilities not described in the Application for Certification required in 40 CFR 86.087-21 or 40 CFR 86.1844-01 as applicable, the manufacturer shall submit to the Administrator a description of such procedures, equipment, and facilities.
(g)(1) The manufacturer shall adjust all test data used for fuel economy label calculations in subpart D and average fuel economy calculations in subpart F for the classes of automobiles within the categories identified in paragraphs (a)(1) through (6) of § 600.510. The test data shall be adjusted in accordance with paragraph (g) (3) or (4) as applicable.
(2) [Reserved]
(3) The manufacturer shall adjust all test data generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:
(4) For vehicles with 6,200 miles or less accumulated, the manufacturer is not required to adjust the data.
(h) For light-duty fuel economy trucks over 6000 lbs GVWR, the manufacturer must submit emissions data generated while using the following test weight basis:
(1) Adjusted Loaded Vehicle Weight (ALVW) as defined in § 86.094-2 of this chapter; or
(2) Loaded Vehicle Weight (LVW) as defined in § 86.082-2 of this chapter, in which case the Administrator reserves the right to either require the manufacturer to test using ALVW and submit the data or submit the vehicle for testing by the Administrator for emission standards compliance.
(a) All certification vehicles and other vehicles tested to meet the requirements of 40 CFR part 86 (other than those chosen per 40 CFR 86.080-24(c) or 40 CFR 86.1829-01(a) as applicable, are considered to have met the requirements of this section.
(b) Any vehicle not meeting the provisions of paragraph (a) must be judged acceptable by the Administrator under this section in order for the test results to be reviewed for use in subpart C or F of this part. The Administrator will judge the acceptability of a fuel economy data vehicle on the basis of the information supplied by the manufacturer under § 600.006(b). The criteria to be met are:
(1) A fuel economy data vehicle may have accumulated not more than 10,000 miles. A vehicle will be considered to have met this requirement if the engine and drivetrain have accumulated 10,000 or fewer miles. The components installed for a fuel economy test are not required to be the ones with which the mileage was accumulated, e.g., axles, transmission types, and tire sizes may be changed. The Administrator will determine if vehicle/engine component changes are acceptable.
(2) A vehicle may be tested in different vehicle configurations by change of vehicle components, as specified in paragraph (b)(1) of this section, or by testing in different inertia weight classes. Also, a single vehicle may be tested under different test conditions, i.e., test weight and/or road load horsepower, to generate fuel economy data
(3) The mileage on a fuel economy data vehicle must be, to the extent possible, accumulated according to 40 CFR 86.079-26(a)(2) or 40 CFR 86.1831-01 as applicable.
(4) Each fuel economy data vehicle must meet the same exhaust emission standards as certification vehicles of the respective engine-system combination during the test in which the city fuel economy test results are generated. The deterioration factors established for the respective engine-system combination per § 86.079-28 or § 86.1841-01 as applicable will be used.
(5) The calibration information submitted under § 600.006(b) must be representative of the vehicle configuration for which the fuel economy data were submitted.
(6) Any vehicle tested for fuel economy purposes must be representative of a vehicle which the manufacturer intends to produce under the provisions of a certificate of conformity.
(7) For vehicles imported under § 85.1509 or § 85.1511 (b)(2), (b)(4), (c)(2), (c)(4), or (e)(2) (when applicable) only the following requirements must be met:
(i) For vehicles imported under § 85.1509, a highway fuel economy value must be generated contemporaneously with the emission test used for purposes of demonstrating compliance with § 85.1509. No modifications or adjustments should be made to the vehicles between the highway fuel economy and the FTP emissions test.
(ii) For vehicles imported under § 85.1509 or § 85.1511 (b)(2), (b)(4), (c)(2), (c)(4) or (e)(2) (when applicable) with over 10,000 miles, the equation in § 600.006-86 (g)(1) shall be used as though only 10,000 miles had been accumulated.
(iii) Any required fuel economy testing must take place after any safety modifications are completed for each vehicle as required by regulations of the Department of Transportation.
(iv) Every vehicle imported under § 85.1509 or § 85.1511 (b)(2), (b)(4), (c)(2), (c)(4) or (e)(2) (when applicable) shall be considered a separate type for the purposes of calculating a fuel economy label for a manufacturer's average fuel economy.
(c) If, based on review of the information submitted under § 600.006(b), the Administrator determines that a fuel economy data vehicle meets the requirements of this section, the fuel economy data vehicle will be judged to be acceptable and fuel economy data from that fuel economy data vehicle will be reviewed pursuant to § 600.008.
(d) If, based on the review of the information submitted under § 600.006(b), the Administrator determines that a fuel economy data vehicle does not meet the requirements of this section, the Administrator will reject that fuel economy data vehicle and inform the manufacturer of the rejection in writing.
(e) If, based on a review of the emission data for a fuel economy data vehicle, submitted under § 600.006(b), or emission data generated by a vehicle tested under § 600.008(e), the Administrator finds an indication of non-compliance with section 202 of the Clean Air Act, 42 U.S.C. 1857 et seq. of the regulation thereunder, he may take such investigative actions as are appropriate to determine to what extent emission non-compliance actually exists.
(1) The Administrator may, under the provisions of 40 CFR 86.079-37(a) or 40 CFR 86.1830-01 as applicable, request the manufacturer to submit production vehicles of the configuration(s) specified by the Administrator for testing to determine to what extent emission noncompliance of a production vehicle configuration or of a group of production vehicle configurations may actually exist.
(2) If the Administrator determines, as a result of his investigation, that substantial emission non-compliance is exhibited by a production vehicle configuration or group of production vehicle configurations, he may proceed with respect to the vehicle configuration(s) as provided under section
(f) All vehicles used to generate fuel economy data, and for which emission standards apply, must be covered by a certificate of conformity under part 86 of this chapter before:
(1) The data may be used in the calculation of any approved general or specific label value, or
(2) The data will be used in any calculations under subpart F, except that vehicles imported under §§ 85.1509 and 85.1511 need not be covered by a certificate of conformity.
(a)
(2) Retesting and official data determination. For any vehicles selected for confirmatory testing under the provisions of paragraph (a)(1) of this section, the Administrator will follow this procedure:
(i) The manufacturer's data (or harmonically averaged data if more than one test was conducted) will be compared with the results of the Administrator's test.
(ii) If, in the Administrator's judgment, the comparison in paragraph (a)(2)(i) of this section indicates a disparity in the data, the Administrator will repeat the city test or the highway test or both as applicable.
(A) The manufacturer's average test results and the results of the Administrator's first test will be compared with the results of the Administrator's second test as in paragraph (a)(2)(i) of this section.
(B) If, in the Administrator's judgment, both comparisons in paragraph (a)(2)(i)(A) of this section, indicate a disparity in the data, the Administrator will repeat the city fuel economy test or highway fuel economy test or both as applicable until:
(
(
(iii) If there is, in the Administrator's judgment, no disparity indicated by comparison of manufacturer's average test results with a test by the Administrator, the test values generated by the Administrator will be used to represent the vehicle.
(iv) If there is, in the Administrator's judgment, no disparity indicated by comparison of two tests by the Administrator, the harmonic averages of the city and highway fuel economy results from those tests will be used to represent the vehicle.
(v) If the situation in paragraph (a)(2)(ii)(B)(
(b)
(i) The vehicle configuration has previously failed an emission standard;
(ii) The test exhibits high emission levels determined by exceeding a percentage of the standards specified by the Administrator for that model year;
(iii) The fuel economy value of the test is higher than expected based on procedures approved by the Administrator;
(iv) The fuel economy value is close to a Gas Guzzler Tax threshold value based on tolerances established by the Administrator for that model year; or
(v) The fuel economy value is a potential fuel economy leader for a class of vehicles based on Administrator provided cut points for that model year.
(2) If the Administrator selects the vehicle for confirmatory testing based on the manufacturer's original test results, the testing shall be conducted as ordered by the Administrator. In this case, the manufacturer-conducted confirmatory testing specified under paragraph (b)(1) of this section would not be required.
(3) The manufacturer shall conduct a retest of the FTP or highway test if the difference between the fuel economy of the confirmatory test and the original manufacturer's test equals or exceeds three percent (or such lower percentage to be applied consistently to all manufacturer conducted confirmatory testing as requested by the manufacturer and approved by the Administrator).
(i) The manufacturer may, in lieu of conducting a retest, accept the lower of the original and confirmatory test fuel economy results for use in subpart C or F of this part.
(ii) The manufacturer shall conduct a second retest of the FTP or highway test if the fuel economy difference between the second confirmatory test and the original manufacturer test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator) and the fuel economy difference between the second confirmatory test and the first confirmatory test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator). The manufacturer may, in lieu of conducting a second retest, accept the lowest of the original test, the first confirmatory test, and the second confirmatory test fuel economy results for use in subpart C or F of this part.
(c)
(2) If testing was conducted by the Administrator under the provisions of paragraph (a) of this section, the fuel economy data determined by the Administrator under paragraph (a) of this section, together with all other fuel economy data submitted for that vehicle under § 600.006(c) or (e) will be evaluated for reasonableness and representativeness per paragraph (c)(1) of this section.
(i) The fuel economy data which are determined to best meet the criteria of paragraph (c) (1) of this section will be accepted for use in subpart C or F of this part.
(ii) City and highway test data will be considered separately.
(iii) If more than one test was conducted, the Administrator may select an individual test result or the harmonic average of selected test results to satisfy the requirements of paragraph (c)(2)(i) of this section.
(3) If confirmatory testing was not conducted by the Administrator but confirmatory testing was conducted by the manufacturer under the provisions of paragraph (b) of this section, the fuel economy data determined by the Administrator under paragraph (b) of this section, will be evaluated for reasonableness and representativeness per paragraph (c)(1) of this section.
(i) The fuel economy data which are determined to best meet the criteria of paragraph (c)(1) of this section will be accepted for use in subpart C or F of this part.
(ii) City and highway test data will be considered separately.
(iii) If more than one test was conducted, the Administrator may select an individual test result or the harmonic average of selected test results to satisfy the requirements of paragraph (c)(2)(i) of this section.
(4) If no confirmatory testing was conducted by either the Administrator
(i) City and highway test data will be considered separately.
(ii) If more than one test was conducted, the harmonic average of the test results shall be accepted for use in subpart C or F of this part.
(d) If, based on a review of the fuel economy data generated by testing under paragraph (a) of this section, the Administrator determines that an unacceptable level of correlation exists between fuel economy data generated by a manufacturer and fuel economy data generated by the Administrator, he/she may reject all fuel economy data submitted by the manufacturer until the cause of the discrepancy is determined and the validity of the data is established by the manufacturer.
(e)(1) If, based on the results of an inspection conducted under § 600.005(b) or any other information, the Administrator has reason to believe that the manufacturer has not followed proper testing procedures or that the testing equipment is faulty or improperly calibrated, or if records do not exist that will enable him to make a finding of proper testing, the Administrator may notify the manufacturer in writing of his finding and require the manufacturer to:
(i) Submit the test vehicle(s) upon which the data are based or additional test vehicle(s) at a place he may designate for the purpose of fuel economy testing.
(ii) Conduct such additional fuel economy testing as may be required to demonstrate that prior fuel economy test data are reasonable and representative.
(2) Previous acceptance by the Administrator of any fuel economy test data submitted by the manufacturer shall not limit the Administrator's right to require additional testing under paragraph (h)(1) of this section.
(3) If, based on tests required under paragraph (e)(1) of this section, the Administrator determines that any fuel economy data submitted by the manufacturer and used to calculate the manufacturer's fuel economy average was unrepresentative, the Administrator may recalculate the manufacturer's fuel economy average based on fuel economy data that he/she deems representative.
(4) A manufacturer may request a hearing as provided in § 600.009 if the Administrator decides to recalculate the manufacturer's average pursuant to determinations made relative to this section.
(a) Fuel economy data must be judged acceptable by the Administrator in order for the test results to be used for the purposes of subpart C or F of this part. The Administrator will evaluate the acceptability of the fuel economy data from either a fuel economy data vehicle or a certification vehicle on the basis of the data submitted under § 600.006 or test data generated by the Administrator, as applicable, in accordance with good engineering practice.
(b) If, in the Administrator's judgment, the city and highway fuel economy results (or the harmonic averages, as applicable, if more than one test were conducted) for a fuel economy data vehicle, or for a certification vehicle, are reasonable and representative, the Administrator will accept the fuel economy data (or harmonic averages, as applicable, of the city and highway fuel economy data if more than one test was conducted) for use in subpart C or F of this part. In making this determination, the Administrator will, when possible, compare the results of a test vehicle to those of other similar test vehicles.
(c) If, in the Administrator's judgment, the city and highway fuel economy results (or the harmonic averages if more than one test were conducted) for a fuel economy data vehicle or for a certification vehicle are not reasonable or representative, the Administrator will notify the manufacturer in writing of his finding and require the manufacturer to submit the test vehicle(s) in question, at a place he may designate, for the purpose of fuel economy testing.
(d) The Administrator may require that any fuel economy data vehicle or certification vehicle be submitted, at a place he may designate, for the purpose of confirmation of fuel economy testing.
(e) For any fuel economy data vehicle that the Administrator has required to be submitted, at a place he may designate for the purpose of fuel economy testing, and for any certification vehicle, the Administrator will follow this procedure:
(1) The manufacturer's data (or harmonically averaged data if more than one test was conducted) will be compared with the results of the Administrator's test.
(2) If, in the Administrator's judgment, the comparison in paragraph (e)(1) of this section indicates a disparity in the data, the Administrator will repeat the city test or the highway test or both as applicable.
(i) The manufacturer's average test results and the results of the Administrator's first test will be compared with the results of the Administrator's second test as in paragraph (e)(1) of this section.
(ii) If, in the Administrator's judgment, both comparisons in (e)(2)(i) of this section, indicate a disparity in the data, the Administrator will repeat the city fuel economy test or highway fuel economy test or both as applicable until:
(A) In the Administrator's judgment no disparity in the data is indicated by comparison of two tests by the Administrator or by comparison of the manufacturer's average test results and a test by the Administrator, or
(B) Four city tests or four highway tests or both, as applicable, are conducted by the Administrator in which a disparity in the data is indicated when compared as in paragraph (e)(2) of this section.
(3) If there is, in the Administrator's judgment, no disparity indicated by comparison of manufacturer's average test results with a test by the Administrator, the test values generated by the Administrator will be used to represent the vehicle.
(4) If there is, in the Administrator's judgment, no disparity indicated by comparison of two tests by the Administrator, the harmonic averages of the city and highway fuel economy results from those tests will be used to represent the vehicle.
(5) If the situation in paragraph (e)(2)(ii)(B) of this section occurs, the Administrator will notify the manufacturer, in writing, that the Administrator rejects that fuel economy data vehicle.
(f) The fuel economy data determined by the Administrator under paragraph (e) (3) or (4) of this section, together with all other fuel economy data submitted for that vehicle under § 600.006 (c) or (e) will be evaluated for reasonableness and representativeness per paragraph (b) of this section. The fuel economy data which are determined to best meet the criteria of paragraph (b) of this section will be accepted for use in subpart C or F of this part.
(g) If, based on a review of the fuel economy data generated by testing under paragraph (e) of this section, the Administrator determines that an unacceptable level of correlation exists between fuel economy data generated by a manufacturer and fuel economy data generated by the Administrator, he may reject all fuel economy data submitted by the manufacturer until the cause of the discrepancy is determined and the validity of the data is established by the manufacturer.
(h)(1) If, based on the results of an inspection conducted under § 600.005(b) or any other information, the Administrator has reason to believe that the manufacturer has not followed proper testing procedures or that the testing equipment is faulty or improperly calibrated, or if records do not exist that will enable him to make a finding of proper testing, the Administrator may notify the manufacturer in writing of his finding and require the manufacturer to:
(i) Submit the test vehicle(s) upon which the data are based or additional test vehicle(s) at a place he may designate for the purpose of fuel economy testing.
(ii) Conduct such additional fuel economy testing as may be required to demonstrate that prior fuel economy test data are reasonable and representative.
(2) Previous acceptance by the Administrator of any fuel economy test data submitted by the manufacturer shall not limit the Administrator's right to require additional testing under paragraph (h)(1) of this section.
(3) If, based on tests required under paragraph (h)(1) of this section, the Administrator determines that any fuel economy data submitted by the manufacturer and used to calculate the manufacturer's fuel economy average was unrepresentative, the Administrator may recalculate the manufacturer's fuel economy average based on fuel economy data that he deems representative.
(4) A manufacturer may request a hearing as provided in § 600.009 if the Administrator decides to recalculate the manufacturer's average pursuant to determinations made relative to this section.
(a)(1) If the Administrator rejects the following:
(i) The use of a manufacturer's fuel economy data vehicle, in accordance with§ 600.008 (e) or (g), or
(ii) The use of fuel economy data, in accordance with § 600.008 (c), or (f), or
(iii) The determination of a vehicle configuration, in accordance with § 600.206(a), or
(iv) The identification of a car line, in accordance with § 600.002(a)(20), or
(v) The fuel economy label values determined by the manufacturer under § 600.312(a), then
(2)(i) The manufacturer may, within 30 days following receipt of notification of rejection, request a hearing on the Administrator's decision.
(ii) The request must be in writing, signed by an authorized representative of the manufacturer, and include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objection.
(iii) If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue(s), the Administrator shall provide the manufacturer with an opportunity to request a hearing in accordance with the provisions of this section with respect to such issue(s).
(b)(1) After granting a request for a hearing under paragraph (a) of this section the Administrator will designate a Presiding Officer for the hearing.
(2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section.
(3) If a time and place for the hearing has not been fixed by the Administrator under paragraph (a) of this section the hearing will be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer.
(c)(1) Upon his appointment pursuant to paragraph (a) of this section, the Presiding Officer shall establish a hearing file. The file consists of the notice issued by the Administrator under paragraph (a) of this section together with any accompanying material, the request for a hearing and the supporting data submitted therewith and correspondence and other data material to the hearing.
(2) The hearing file will be available for inspection by the applicant at the office of the Presiding Officer.
(d) A manufacturer may appear in person, or may be represented by counsel or by any other duly authorized representative.
(e)(1) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by the Presiding Officer to consider the following:
(i) Simplification and clarification of the issue;
(ii) Stipulations, admissions of fact, and the introduction of documents;
(iii) Limitation of the number of expert witnesses;
(iv) Possibility of agreement disposing of all or any of the issues in dispute;
(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.
(2) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record.
(f)(1) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.
(2) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of 19 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States.
(3) Any witnesses may be examined or cross-examined by the Presiding Officer, the parties, or their representatives.
(4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations, and similar data offered in evidence at the hearing shall, upon a showing satisfactory to the Presiding Officer of their authority, relevancy, and materiality, be received in evidence and shall constitute a part of the record.
(6) Oral argument may be permitted in the discretion of the Presiding Officer and will be reported as part of the record unless otherwise ordered.
(g)(1) The Presiding Officer will make an initial decision which shall include written findings and conclusions and the reasons or basis therefore on all material issues of fact, law or discretion presented on the record. The findings, conclusions, and written decisions shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed.
(2) On appeal from or review of the initial decision the Administrator will have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administration will include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law or discretion presented on the appeal or considered in the review.
(h) A manufacturer's use of any fuel economy data which the manufacturer challenges pursuant to this section shall not constitute final acceptance by the manufacturer nor prejudice the manufacturer in the exercise of any appeal pursuant to this section challenging such fuel economy data.
(a) For each certification vehicle defined in this part, and for each vehicle tested according to the emission test procedures in 40 CFR part 86 for addition of a model after certification or approval of a running change (40 CFR 86.079-32, 86.079-33 and 86.082-34 or 40 CFR 86.1842-01 as applicable):
(1) The manufacturer shall generate city fuel economy data by testing according to the applicable procedures.
(2) The manufacturer shall generate highway fuel economy data by:
(i) Testing according to applicable procedures, or
(ii) Using an analytical technique, as described in § 600.006(e).
(3) The data generated in paragraphs (a) (1) and (2) of this section, shall be submitted to the Administrator in combination with other data for the vehicle required to be submitted in part 86.
(b) For each fuel economy data vehicle:
(1) The manufacturer shall generate city fuel economy data and highway fuel economy data by:
(i) Testing according to applicable procedures, or
(ii) Use of an analytical technique as described in § 600.006(e), in addition to testing (e.g., city fuel economy data by testing, highway fuel economy data by analytical technique).
(2) The data generated shall be submitted to the Administrator according to the procedures in § 600.006.
(c)
(i) Data required for emission certification under 40 CFR 86.084-24, 86.079-32, 86.079-33, and 86.082-34 or 40 CFR 86.1828-01 and 86.1842-01 as applicable,
(ii) Data from the highest projected model year sales subconfiguration within the highest projected model year sales configuration for each base level, and
(iii) For additional model types established under §600.207(a)(2), data from each subconfiguration included within the model type.
(2) For the purpose of recalculating fuel economy label values as required under §600.314(b), the manufacturer shall submit data required under § 600.507.
(d)
(a)
(b) The following paragraphs and tables set forth the material that has been incorporated by reference in this part.
(1)
(2) [Reserved]
(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.
The provisions of this subpart are applicable to 1993 and later model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
The definitions in § 600.002 apply to this subpart.
The abbreviations in § 600.003 apply to this subpart.
The section numbering system set forth in § 600.004 applies to this subpart.
The recordkeeping requirements set forth in § 600.005 apply to this subpart.
The requirements for test equipment to be used for all fuel economy testing are given in §§ 86.106, 86.107, 86.108, 86.109, and 86.111 of this chapter, as applicable.
(a) The test fuel specifications for gasoline-fueled automobiles are given in paragraph (a)(1) of § 86.113 of this chapter.
(b) The test fuel specifications for diesel automobiles are given in paragraphs (b) (1) and (2) of § 86.113 of this chapter.
(a) The test fuel specifications for gasoline-fueled automobiles are given in § 86.113(a) (1) and (2) of this chapter.
(b) The test fuel specifications for diesel-fueled automobiles are given in § 86.113(b) (1) through (3) of this chapter.
(c) The test fuel specifications for methanol fuel used in Otto-cycle automobiles are given in § 86.113(a) (3) and (4) of this chapter.
(d) The test fuel specifications for methanol fuel used in diesel cycle automobiles are given in § 86.113(b) (4) through (6) of this chapter.
(e) The test fuel specifications for mixtures of petroleum and methanol fuels for methanol dual fuel vehicles are given in § 86.113(d) of this chapter.
(f) The specification range of the fuels to be used under paragraphs (c) and (d) of this section shall be reported in accordance with § 86.090-21(b)(3) of this chapter.
The analytical gases for all fuel economy testing must meet the criteria given in § 86.114 of this chapter.
(a) The driving cycle to be utilized for generation of the city fuel economy data is prescribed in § 86.115 of this chapter.
(b) The driving cycle to be utilized for generation of the highway fuel economy data is specified in this paragraph.
(1) The Highway Fuel Economy Driving Schedule is set forth in appendix I to this part. The driving schedule is defined by a smooth trace drawn through the specified speed versus time relationships.
(2) The speed tolerance at any given time on the dynamometer driving schedule specified in appendix I, or as printed on a driver's aid chart approved by the Administrator, when conducted to meet the requirements of paragraph (b) of § 600.111 is defined by upper and lower limits. The upper limit is 2 mph higher than the highest point on trace within 1 second of the given time. The lower limit is 2 mph lower than the lowest point on the trace within 1 second of the given time. Speed variations greater than the tolerances (such as may occur during gear changes) are acceptable provided they occur for less than 2 seconds on any occasion. Speeds
(3) A graphic representation of the range of acceptable speed tolerances is found in paragraph (c) of § 86.115 of this chapter.
The equipment used for fuel economy testing must be calibrated according to the provisions of § 86.116 of this chapter.
(a) The test procedures to be followed for generation of the city fuel economy data are those prescribed in §§ 86.127-94 through 86.138-78 of this chapter, as applicable. (The evaporative and refueling loss portions of the test procedure may be omitted unless specifically required by the Administrator.)
(b) The test procedures to be followed for generation of the highway fuel economy data are those specified in § 600.111-78 (b) through (h) inclusive.
(1) The Highway Fuel Economy Dynamometer Procedure consists of a preconditioning highway driving sequence and a measured highway driving sequence.
(2) The highway fuel economy test is designated to simulate non-metropolitan driving with an average speed of 48.6 mph and a maximum speed of 60 mph. The cycle is 10.2 miles long with 0.2 stops per mile and consists of warmed-up vehicle operation on a chassis dynamometer through a specified driving cycle. A proportional part of the diluted exhaust emissions is collected continuously for subsequent analysis using a constant volume (variable dilution) sampler. Diesel dilute exhaust is continuously analyzed for hydrocarbons using a heated sample line and analyzer.
(3) Except in cases of component malfunction or failure, all emission control systems installed on or incorporated in a new motor vehicle must be functioning during all procedures in this subpart. The Administrator may authorize maintenance to correct component malfunction or failure.
(c)
(d)
(e)
(1) If the vehicle has experienced more than three hours of soak (68° F-86° F) since the completion of the Federal Emission Test Procedure, or has experienced periods of storage outdoors, or in environments where soak temperature is not controlled to 68° F-86° F, the vehicle must be preconditioned by operation on a dynamometer through one cycle of the EPA Urban Dynamometer Driving Schedule, § 86.115 of this chapter.
(2) In unusual circumstances where additional preconditioning is desired by the manufacturer, the provisions of paragraph (a)(3) of § 86.132 of this chapter apply.
(f)
(2) The provisions of paragraphs (b), (c), (e), (f), (g), and (h) of § 86.135
(3) Only one exhaust sample and one background sample are collected and analyzed for hydrocarbons (except diesel hydrocarbons which are analyzed continuously), carbon monoxide, and carbon dioxide.
(4) The fuel economy measurement cycle of the test includes two seconds of idle indexed at the beginning of the second cycle and two seconds of idle indexed at the end of the second cycle.
(g)
(2) False starts and stalls during the preconditioning cycle must be treated as in paragraphs (d) and (e) of § 86.136 of this chapter. If the vehicle stalls during the measurement cycle of the highway fuel economy test, the test is voided, corrective action may be taken according to § 86.079-25 of this chapter, and the vehicle may be rescheduled for test. The person taking the corrective action shall report the action so that the test records for the vehicle contain a record of the action.
(h)
(1) Place the drive wheels of the vehicle on the dynamometer. The vehicle may be driven onto the dynamometer.
(2) Open the vehicle engine compartment cover and position the cooling fan(s) required. Manufacturers may request the use of additional cooling fans for additional engine compartment or under-vehicle cooling and for controlling high tire or brake temperatures during dynamometer operation.
(3) Preparation of the CVS must be performed before the measurement highway driving cycle.
(4) Equipment preparation. The provisions of paragraphs (b) (3) through (5) inclusive of § 86.137 of this chapter apply for highway fuel economy test except that only one exhaust sample collection bag and one dilution air sample collection bag need be connected to the sample collection systems.
(5) Operate the vehicle over one Highway Fuel Economy Driving Schedule cycle according to the dynamometer driving schedule specified in paragraph (b) of § 600.109.
(6) When the vehicle reaches zero speed at the end of the preconditioning cycle, the driver has 17 seconds to prepare for the emission measurement cycle of the test. Reset and enable the roll revolution counter.
(7) Operate the vehicle over one Highway Fuel Economy Driving Schedule cycle according to the dynamometer driving schedule specified in paragraph (b) of § 600.109 while sampling the exhaust gas.
(8) Sampling must begin two seconds before beginning the first acceleration of the fuel economy measurement cycle and must end two seconds after the end of the deceleration to zero. At the end of the deceleration to zero speed, the roll or shaft revolutions must be recorded.
(a) The test procedures to be followed for generation of the city fuel economy data are those prescribed in §§ 86.127 through 86.138 of this chapter, as applicable, except as provided for in paragraph (d) of this section. (The evaporative loss portion of the test procedure may be omitted unless specifically required by the Administrator.)
(b) The test procedures to be followed for generation of the highway fuel economy data are those specified in paragraphs (b) through (j) of this section.
(1) The Highway Fuel Economy Dynamometer Procedure consists of preconditioning highway driving sequence and a measured highway driving sequence.
(2) The highway fuel economy test is designated to simulate non-metropolitan driving with an average speed of 48.6 mph and a maximum speed of 60 mph. The cycle is 10.2 miles long with
(3) Except in cases of component malfunction or failure, all emission control systems installed on or incorporated in a new motor vehicle must be functioning during all procedures in this subpart. The Administrator may authorize maintenance to correct component malfunction or failure.
(c)
(d)
(e)
(1) If the vehicle has experienced more than three hours of soak (68 °F-86 °F) since the completion of the Federal Emission Test Procedure, or has experienced periods of storage outdoors, or in environments where soak temperature is not controlled to 68 °F-86 °F, the vehicle must be preconditioned by operation on a dynamometer through one cycle of the EPA Urban Dynamometer Driving Schedule, § 86.115 of this chapter.
(2) In unusual circumstances where additional preconditioning is desired by the manufacturer, the provisions of § 86.132(a)(3) of this chapter apply.
(f)
(2) The provisions of paragraphs (b), (c), (e), (f), (g) and (h) of § 86.135
(3) Only one exhaust sample and one background sample are collected and analyzed for hydrocarbons (except diesel hydrocarbons which are analyzed continuously), carbon monoxide, and carbon dioxide. Methanol and formaldehyde samples (exhaust and dilution air) are collected and analyzed for methanol-fueled vehicles (measurement of methanol and formaldehyde may be omitted for 1993 through 1994 model year methanol-fueled vehicles provided a HFID calibrated on methanol is used for measuring HC plus methanol).
(4) The fuel economy measurement cycle of the test includes two seconds of idle indexed at the beginning of the second cycle and two seconds of idle indexed at the end of the second cycle.
(g)
(2) False starts and stalls during the preconditioning cycle must be treated as in 40 CFR 86.136 (d) and (e). If the vehicle stalls during the measurement cycle of the highway fuel economy test, the test is voided, corrective action may be taken according to 40 CFR 86.079-25 or 40 CFR 86.1834-01 as applicable, and the vehicle may be rescheduled for test. The person taking the corrective action shall report the action so that the test records for the vehicle contain a record of the action.
(h)
(1) Place the drive wheels of the vehicle on the dynamometer. The vehicle may be driven onto the dynamometer.
(2) Open the vehicle engine compartment cover and position the cooling fans(s) required. Manufacturers may request the use of additional cooling fans for additional engine compartment or under-vehicle cooling and for controlling high tire or brake temperatures during dynamometer operation.
(3) Preparation of the CVS must be performed before the measurement highway driving cycle.
(4) Equipment preparation. The provisions of § 86.137(b)(3) through (6) of this chapter apply for highway fuel economy test except that only one exhaust sample collection bag and one dilution air sample collection bag need be connected to the sample collection systems.
(5) Operate the vehicle over one Highway Fuel Economy Driving Schedule cycle according to the dynamometer driving schedule specified in § 600.109(b).
(6) When the vehicle reaches zero speed at the end of the preconditioning cycle, the driver has 17 seconds to prepare for the emission measurement cycle of the test. Reset and enable the roll revolution counter.
(7) Operate the vehicle over one Highway Fuel Economy Driving Schedule cycle according to the dynamometer driving schedule specified in § 600.109(b) while sampling the exhaust gas.
(8) Sampling must begin two seconds before beginning the first acceleration of the fuel economy measurement cycle and must end two seconds after the end of the deceleration to zero. At the end of the deceleration to zero speed, the roll or shaft revolutions must be recorded.
(i) For methanol dual fuel automobiles, the procedures of § 600.111 (a) and (b) shall be performed for each of the required test fuels:
(1) Gasoline or diesel fuel as specified in § 600.107 (a) and (b); and
(2) Methanol fuel as specified in § 600.107 (c) and (d); and
(3) A mixture containing 50% gasoline or diesel and 50% methanol by volume, applicable during model years 1993 through 1995; or
(4) In lieu of testing using the mixture containing 50% gasoline or diesel and 50% methanol by volume, the manufacturer must provide a written statement attesting that the equal or superior energy efficiency is attained while using the 50% gasoline or diesel and 50% methanol mixture compared to using gasoline.
The exhaust sample analysis must be performed according to § 86.140 of this chapter.
The calculations of vehicle fuel economy values require the weighted grams/mile values for HC, CO, and CO
(a) Calculate the weighted grams/mile values for the city fuel economy test for HC, CO, and CO
(b)(1) Calculate the mass values for the highway fuel economy test for HC, CO, and CO
(2) Calculate the grams/mile values for the highway test for HC, CO, and CO
(c) Calculate the city fuel economy and highway fuel economy from grams/mile values for HC, CO, and CO
(d) For gasoline-fueled automobiles, calculate the fuel economy in miles per gallon of gasoline by dividing 2421 by the sum of three terms:
(1) 0.866 multiplied by HC (in grams/miles as obtained in paragraph (c)),
(2) 0.429 multiplied by CO (in grams/miles as obtained in paragraph (c), and
(3) 0.273 multiplied by CO
(e) For diesel powered automobiles, calculate the fuel economy in miles per gallon of diesel fuel by dividing 2778 by the sum of three terms:
(1) 0.866 multiplied by HC (in grams/mile as obtained in paragraph (c) of this section),
(2) 0.429 multiplied by CO (in grams/mile as obtained in paragraph (c)), and
(3) 0.273 multiplied by CO
The Administrator will use the calculation procedure set forth in this paragraph for all official EPA tests. For the 1988 model year, manufacturers may choose to use this procedure or use the calculation procedure described in § 600.113-78. However, once a manufacturer uses this procedure, it must be used for all subsequent tests. This procedure must be used by manufacturers for 1989 and later model years. The calculations of the weighted fuel economy values require input of the weighted grams/mile values for HC, CO and CO
(a) Calculate the weighted grams/mile values for the city fuel economy test for HC, CO, and CO
(b)(1) Calculate the mass values for the highway fuel economy test for HC, CO, and CO
(2) Calculate the grams/mile values for the highway fuel economy test for HC, CO, and CO
(c) Gasoline test fuel properties shall be determined by analysis of a fuel sample taken from the fuel supply. A sample shall be taken after each addition of fresh fuel to the fuel supply. Additionally, the fuel shall be resampled once a month to account for any fuel property changes during storage. Less frequent resampling may be permitted if EPA concludes, on the basis of manufacturer-supplied data, that the properties of test fuel in the manufacturer's storage facility will remain stable for a period longer than one month. The fuel samples shall be analyzed to determine the following fuel properties:
(1) Specific gravity per ASTM D 1298.
(2) Carbon weight fraction per ASTM D 3343.
(3) Net heating value (Btu/lb) per ASTM D 3338.
(d) Calculate the city fuel economy and highway fuel economy from the grams/mile values for HC, CO, CO
(e) For gasoline-fueled automobiles, the fuel economy in miles per gallon is to be calculated using the following equation:
Round the calculated result to the nearest 0.1 miles per gallon.
(f) For diesel automobiles, calculate the fuel economy in miles per gallon of diesel fuel by dividing 2778 by the sum of three terms:
(1) 0.866 multiplied by HC (in grams/miles as obtained in paragraph (d) of this section),
(2) 0.429 multiplied by CO (in grams/mile as obtained in paragraph (d) of this section), and
(3) 0.273 multiplied by CO
Round the quotient to the nearest 0.1 mile per gallon.
The Administrator will use the calculation procedure set forth in this paragraph for all official EPA testing of vehicles fueled with gasoline, diesel, methanol or natural gas fuel. The calculations of the weighted fuel economy values require input of the weighted grams/mile values for total hydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (CO
(a) Calculate the weighted grams/mile values for the city fuel economy test for HC, CO and CO
(b)(1) Calculate the mass values for the highway fuel economy test for HC, CO and CO
(2) Calculate the grams/mile values for the highway fuel economy test for
(c)(1) Gasoline test fuel properties shall be determined by analysis of a fuel sample taken from the fuel supply. A sample shall be taken after each addition of fresh fuel to the fuel supply. Additionally, the fuel shall be resampled once a month to account for any fuel property changes during storage. Less frequent resampling may be permitted if EPA concludes, on the basis of manufacturer-supplied data, that the properties of test fuel in the manufacturer's storage facility will remain stable for a period longer than one month. The fuel samples shall be analyzed to determine the following fuel properties:
(i) Specific gravity per ASTM D 1298 (Incorporated by reference as specified in § 600.011-93).
(ii) Carbon weight fraction per ASTM D 3343 (Incorporated by reference as specified in § 600.011-93).
(iii) Net heating value (Btu/lb) per ASTM D 3338 (Incorporated by reference as specified in § 600.011-93).
(2) Methanol test fuel shall be analyzed to determine the following fuel properties:
(i) Specific gravity using either:
(A) ASTM D 1298 (incorporated by reference as specified in § 600.011-93) for the blend or:
(B) ASTM D 1298 (incorporated by reference as specified in § 600.011-93) for the gasoline fuel component and also for the methanol fuel component and combining as follows:
(ii)(A) Carbon weight fraction using the following equation:
(B) Upon the approval of the Administrator, other procedures to measure the carbon weight fraction of the fuel blend may be used if the manufacturer can show that the procedures are superior to or equally as accurate as those specified in this paragraph (c)(2)(ii).
(iii) Net heating value (BTU/lb) per ASTM D 240 (Incorporated by reference as specified in § 600.011-93).
(3) Natural gas test fuel shall be analyzed to determine the following fuel properties:
(i) Fuel composition per ASTM D 1945-91, Standard Test Method for Analysis of Natural Gas By Gas Chromatography. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at U.S. EPA, OAR, 401 M Street, SW., Washington, DC 20460, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(ii) Specific gravity (based on fuel composition per ASTM D 1945).
(iii) Carbon weight fraction based on the carbon contained only in the HC constituents of the fuel=weight of carbon in HC constituents divided by the total weight of fuel.
(iv) Carbon weight fraction of fuel=total weight of carbon in the fuel (i.e., includes carbon contained in HC and in CO
(d) Calculate the city fuel economy and highway fuel economy from the grams/mile values for total HC, CO, CO2 and, where applicable, CH3, OH, HCHO, NMHC and CH4 and, the test
(e)(1) For gasoline-fueled automobiles, the fuel economy in miles per gallon is to be calculated using the following equation:
(2) Round the calculated result to the nearest 0.1 miles per gallon.
(f)(1) For diesel-fueled automobiles, calculate the fuel economy in miles per gallon of diesel fuel by dividing 2778 by the sum of three terms:
(i) 0.866 multiplied by HC (in grams/miles as obtained in paragraph (d) of this section);
(ii) 0.429 multiplied by CO (in grams/mile as obtained in paragraph (d) of this section); and
(iii) 0.273 multiplied by CO
(2) Round the quotient to the nearest 0.1 mile per gallon.
(g) For methanol-fueled automobiles and automobiles designed to operate on mixtures of gasoline and methanol, the fuel economy in miles per gallon is to be calculated using the following equation:
(h) For automobiles fueled with natural gas, the fuel economy in miles per gallon of natural gas is to be calculated using the following equation:
(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.
The provisions of this subpart are applicable to 1993 and later model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
The definitions in § 600.002 apply to this subpart.
The abbreviations in § 600.003 apply to this subpart.
The section numbering system set forth in § 600.004 applies to this subpart.
The recordkeeping requirements set forth in § 600.005 apply to this subpart.
(a) Fuel economy values determined for each vehicle, and as approved in § 600.008 (b) or (f), are used to determine city, highway, and combined fuel economy values for each vehicle configuration (as determined by the Administrator) for which data are available.
(1) If only one set of city and highway fuel economy values is accepted for a vehicle configuration, these values, rounded to the nearest tenth of a mile per gallon, comprise the city and highway fuel economy values for that configuration.
(2) If more than one city or highway fuel economy value is accepted for a vehicle configuration:
(i) All data shall be grouped according to the subconfiguration for which the data were generated using sales projections supplied in accordance with § 600.207(a)(3).
(ii) Within each group of data, all values are harmonically averaged and rounded to the nearest 0.0001 of a mile per gallon in order to determine city and highway fuel economy values for each subconfiguration at which the vehicle configuration was tested.
(iii) All city fuel economy values and all highway fuel economy values calculated in paragraph (a)(2)(ii) of this section are (separately for city and highway) averaged in proportion to the sales fraction (rounded to the nearest 0.0001) within the vehicle configuration (as provided to the Administrator by the manufacturer) of vehicles of each tested subconfiguration. The resultant values, rounded to the nearest 0.0001 mile per gallon, are the city and highway fuel economy values for the vehicle configuration.
(3) The combined fuel economy value for a vehicle configuration is calculated by harmonically averaging the city and highway fuel economy values, as determined in § 600.206(a) (1) or (2), weighted 0.55 and 0.45 respectively, and rounded to the nearest 0.0001 mile per gallon. A sample of this calculation appears in appendix II to this part.
(b) If only one equivalent petroleum-based fuel economy value exists for an electric configuration, that value, rounded to the nearest tenth of a mile per gallon, will comprise the petroleum-based fuel economy for that configuration.
(c) If more than one equivalent petroleum-based fuel economy value exists for an electric vehicle configuration, all values for that vehicle configuration are harmonically averaged and rounded to the nearest 0.0001 mile per gallon for that configuration.
(a) Fuel economy values determined for each vehicle, and as approved in § 600.008 (b) or (f), are used to determine city, highway, and combined fuel economy values for each vehicle configuration (as determined by the Administrator) for which data are available.
(1) If only one set of city and highway fuel economy values is accepted for a vehicle configuration, these values, rounded to the nearest tenth of a mile per gallon, comprise the city and highway fuel economy values for that configuration.
(2) If more than one city or highway fuel economy value is accepted for a vehicle configuration:
(i) All data shall be grouped according to the subconfiguration for which the data were generated using sales projections supplied in accordance with § 600.207(a)(3).
(ii) Within each group of data, all values are harmonically averaged and rounded to the nearest 0.0001 of a mile per gallon in order to determine city and highway fuel economy values for each subconfiguration at which the vehicle configuration was tested.
(iii) All city fuel economy values and all highway fuel economy values calculated in paragraph (a)(2)(ii) of this section are (separately for city and highway) averaged in proportion to the sales fraction (rounded to the nearest 0.0001) within the vehicle configuration (as provided to the Administrator by the manufacturer) of vehicles of each tested subconfiguration. The resultant values, rounded to the nearest 0.0001 mile per gallon, are the city and highway fuel economy values for the vehicle configuration.
(3) The combined fuel economy value for a vehicle configuration is calculated by harmonically averaging the city and highway fuel economy values, as determined in § 600.206(a) (1) or (2), weighted 0.55 and 0.45 respectively, and
(4) For alcohol dual fuel automobiles and natural gas dual fuel automobiles the procedures of paragraphs (a) (1) through (3) of this section shall be used to calculate two separate sets of city, highway, and combined fuel economy values for each configuration.
(i) Calculate the city, highway, and combined fuel economy values from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy values from the tests performed using alcohol or natural gas test fuel.
(b) If only one equivalent petroleum-based fuel economy value exists for an electric configuration, that value, rounded to the nearest tenth of a mile per gallon, will compose the petroleum-based fuel economy for that configuration.
(c) If more than one equivalent petroleum-based fuel economy value exists for an electric vehicle configuration, all values for that vehicle configuration are harmonically averaged and rounded to the nearest 0.0001 mile per gallon for that configuration.
At 59 FR 39655, Aug. 3, 1994, § 600.206-93 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
(a) Fuel economy values for a base level are calculated from vehicle configuration fuel economy values as determined in § 600.206(a) for low-altitude tests.
(1) If the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states, he will calculate fuel economy values for each base level for vehicles intended for sale in California and for each base level for vehicles intended for sale in the rest of the states.
(2) In order to highlight the fuel efficiency of certain designs otherwise included within a model type, a manufacturer may wish to subdivide a model type into one or more additional model types. This is accomplished by separating subconfigurations from an existing base level and placing them into a new base level. The new base level is identical to the existing base level except that it shall be considered, for the purposes of this paragraph, as containing a new basic engine. The manufacturer will be permitted to designate such new basic engines and base level(s) if:
(i) Each additional model type resulting from division of another model type has a unique car line name and that name appears on the label and on the vehicle bearing that label,
(ii) The subconfigurations included in the new base levels are not included in any other base level which differs only by basic engine (i.e., they are not included in the calculation of the original base level fuel economy values), and
(iii) All subconfigurations within the new base level are represented by test data in accordance with § 600.010(c)(ii).
(3) The manufacturer shall supply total model year sales projections for each car line/vehicle subconfiguration combination.
(i) Sales projections must be supplied separately for each car line-vehicle subconfiguration intended for sale in California and each car line/vehicle subconfiguration intended for sale in the rest of the states if required by the Administrator under paragraph (a)(1) of this section.
(ii) Manufacturers shall update sales projections at the time any model type value is calculated for a label value.
(iii) The requirements of this paragraph may be satisfied by providing an amended application for certification, as described in § 86.084-21.
(4) Vehicle configuration fuel economy values, as determined in § 600.206(a), are grouped according to base level.
(i) If only one vehicle configuration within a base level has been tested, the fuel economy value from that vehicle configuration constitutes the fuel economy for that base level.
(ii) If more than one vehicle configuration within a base level has been
(5) The procedure specified in § 600.207(a) will be repeated for each base level, thus establishing city, highway, and combined fuel economy values for each base level.
(6) For the purposes of calculating a base level fuel economy value, if the only vehicle configuration(s) within the base level are vehicle configuration(s) which are intended for sale at high altitude, the Administrator may use fuel economy data from tests conducted on these vehicle configuration(s) at high altitude to calculate the fuel economy for the base level.
(b) For each model type, as determined by the Administrator, a city, highway, and combined fuel economy value will be calculated by using the projected sales and fuel economy values for each base level within the model type.
(1) If the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states, he will calculate fuel economy values for each model type for vehicles intended for sale in California and for each model type for vehicles intended for sale in the rest of the states.
(2) The sales fraction for each base level is calculated by dividing the projected sales of the base level within the model type by the projected sales of the model type and rounding the quotient to the nearest 0.0001.
(3) The city fuel economy values of the model type (calculated to the nearest 0.0001 mpg) are determined by dividing one by a sum of terms, each of which corresponds to a base level and which is a fraction determined by dividing:
(i) The sales fraction of a base level, by
(ii) The city fuel economy value for the respective base level.
(4) The procedure specified in paragraph (b)(3) of this section is repeated in an analogous manner to determine the highway and combined fuel economy values for the model type.
(a) Fuel economy values for a base level are calculated from vehicle configuration fuel economy values as determined in § 600.206(a) for low-altitude tests.
(1) If the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states, he will calculate fuel economy values for each base level for vehicles intended for sale in California and for each base level for vehicles intended for sale in the rest of the states.
(2) In order to highlight the fuel efficiency of certain designs otherwise included within a model type, a manufacturer may wish to subdivide a model type into one or more additional model types. This is accomplished by separating subconfigurations from an existing base level and placing them into a new base level. The new base level is identical to the existing base level except that it shall be considered, for the purposes of this paragraph, as containing a new basic engine. The manufacturer will be permitted to designate such new basic engines and base level(s) if:
(i) Each additional model type resulting from division of another model type has a unique car line name and that name appears on the label and on the vehicle bearing that label;
(ii) The subconfigurations included in the new base levels are not included in any other base level which differs only by basic engine (i.e., they are not included in the calculation of the original base level fuel economy values); and
(iii) All subconfigurations within the new base level are represented by test data in accordance with § 600.010(c)(ii).
(3) The manufacturer shall supply total model year sales projections for each car line/vehicle subconfiguration combination.
(i) Sales projections must be supplied separately for each car line-vehicle subconfiguration intended for sale in California and each car line/vehicle subconfiguration intended for sale in the rest of the states if required by the Administrator under paragraph (a)(1) of this section.
(ii) Manufacturers shall update sales projections at the time any model type value is calculated for a label value.
(iii) The requirements of this paragraph (a)(3) may be satisfied by providing an amended application for certification, as described in 40 CFR 86.084-21 or 40 CFR 86.1844-01 as applicable.
(4) Vehicle configuration fuel economy values, as determined in § 600.206(a), are grouped according to base level.
(i) If only one vehicle configuration within a base level has been tested, the fuel economy value from that vehicle configuration constitutes the fuel economy for that base level.
(ii) If more than one vehicle configuration within a base level has been tested, the vehicle configuration fuel economy values are harmonically averaged in proportion to the respective sales fraction (rounded to the nearest 0.0001) of each vehicle configuration and the resultant fuel economy value rounded to the nearest 0.0001 mile per gallon.
(5) The procedure specified in § 600.207(a) will be repeated for each base level, thus establishing city, highway, and combined fuel economy values for each base level.
(6) For the purposes of calculating a base level fuel economy value, if the only vehicle configuration(s) within the base level are vehicle configuration(s) which are intended for sale at high altitude, the Administrator may use fuel economy data from tests conducted on these vehicle configuration(s) at high altitude to calculate the fuel economy for the base level.
(7) For alcohol dual fuel automobiles and natural gas dual fuel automobiles the procedures of paragraphs (a)(1) through (6) of this section shall be used to calculate two separate sets of city, highway, and combined fuel economy values for each base level.
(i) Calculate the city, highway, and combined fuel economy values from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy values from the tests performed using alcohol or natural gas test fuel.
(b) For each model type, as determined by the Administrator, a city, highway, and combined fuel economy value will be calculated by using the projected sales and fuel economy values for each base level within the model type.
(1) If the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states, he will calculate fuel economy values for each model type for vehicles intended for sale in California and for each model type for vehicles intended for sale in the rest of the states.
(2) The sales fraction for each base level is calculated by dividing the projected sales of the base level within the model type by the projected sales of the model type and rounding the quotient to the nearest 0.0001.
(3) The city fuel economy values of the model type (calculated to the nearest 0.0001 mpg) are determined by dividing one by a sum of terms, each of which corresponds to a base level and which is a fraction determined by dividing:
(i) The sales fraction of a base level; by
(ii) The city fuel economy value for the respective base level.
(4) The procedure specified in paragraph (b)(3) of this section is repeated in an analogous manner to determine the highway and combined fuel economy values for the model type.
(5) For alcohol dual fuel automobiles and natural gas dual fuel automobiles the procedures of paragraphs (b)(1) through (4) of this section shall be used to calculate two separate sets of city, highway, and combined fuel economy values for each model type.
(i) Calculate the city, highway, and combined fuel economy values from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy values from the tests performed using alcohol or natural gas test fuel.
At 59 FR 39655, Aug. 3, 1994, § 600.207-93 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
An example of the calculation required in this subpart appears in appendix III.
(a) For the purposes of calculating the city model type fuel economy value for labeling the manufacturer shall:
(1)
(2)
(b) For the purposes of calculating the highway model type fuel economy value for labeling the manufacturer shall:
(1)
(2)
(c) If the resulting city value determined in paragraph (a) of this section exceeds the resulting highway value determined in paragraph (b) of this section, the city value will be set equal to the highway value.
(d)(1) The combined fuel economy for a model type, to be used in determining annual fuel costs under § 600.308(c), is determine (except as provided for in paragraph (d)(2) of this section), by harmonically averaging the unrounded city and highway values, determined in § 209 (a) and (b), weighted 0.55 and 0.45 respectively, and rounded to the nearest whole mpg. (An example of this calculation procedure appears in appendix II of this part).
(2) If the resulting city value determined in paragraph (a) of this section exceeds the resulting highway value determined in paragraph (b) of this section, the combined fuel economy will be set equal to the highway value, rounded to the nearest whole mpg.
(a) For the purposes of calculating the city model type fuel economy value for labeling the manufacturer shall:
(1)(i) For general labels for gasoline-fueled, diesel-fueled, alcohol-fueled, and natural gas-fueled automobiles multiply the city model type fuel economy value determined in § 600.207 (b), by 0.90, rounding the product to the nearest whole mpg; or
(ii) For general labels for alcohol dual fuel and natural gas dual fuel automobiles:
(A) Multiply the city model type fuel economy calculated from the tests performed using gasoline or diesel test fuel as determined in § 600.207 (b)(5)(i) by 0.90, rounding the product to the nearest whole mpg; and
(B) Multiply the city model type fuel economy calculated from the tests performed using alcohol or natural gas test fuel as determined in § 600.207 (b)(5)(ii) by 0.90, rounding the product to the nearest whole mpg; or
(2)(i) For specific labels for gasoline-fueled, diesel-fueled, alcohol-fueled, and natural gas-fueled automobiles, multiply the city model type fuel economy value determined in § 600.206 (a)(2)(iii), by 0.90, rounding the product to the nearest whole mpg; or
(ii) For specific labels for alcohol dual fuel and natural gas dual fuel automobiles:
(A) Multiply the city model type fuel economy calculated from the tests performed using gasoline or diesel test fuel as determined in § 600.206 (a)(2)(iii) and (4)(i) by 0.90, rounding the product to the nearest whole mpg; and
(B) Multiply the city model type fuel economy calculated from the tests performed using alcohol or natural gas test fuel as determined in § 600.206 (a)(2)(iii) and (4)(ii) by 0.90, rounding the product to the nearest whole mpg.
(b) For the purposes of calculating the highway model type fuel economy value for labeling the manufacturer shall:
(1)(i) For general labels for gasoline-fueled, diesel-fueled, alcohol-fueled, and natural gas-fueled automobiles, multiply the highway model type fuel economy value determined in § 600.207 (b), by 0.78, rounding the product to the nearest whole mpg; or
(ii) For general labels for alcohol dual fuel and natural gas dual fuel automobiles:
(A) Multiply the highway model type fuel economy calculated from the tests performed using gasoline or diesel test fuel as determined in § 600.207 (b)(5)(i) by 0.78, rounding the product to the nearest whole mpg; and
(B) Multiply the highway model type fuel economy calculated from the tests performed using alcohol or natural gas test fuel as determined in § 600.207 (b)(5)(ii) by 0.78, rounding the product to the nearest whole mpg; or
(2)(i) For specific labels for gasoline-fueled, diesel-fueled, alcohol-fueled, and natural gas-fueled automobiles, multiply the highway model type fuel economy value determined in § 600.206 (a)(iii), by 0.78, rounding the product to the nearest whole mpg; or
(ii) For specific labels for alcohol dual fuel and natural gas dual fuel automobiles:
(A) Multiply the highway model type fuel economy calculated from the tests performed using gasoline or diesel test fuel as determined in § 600.206 (a)(2)(iii) and (4)(i) by 0.78, rounding the product to the nearest whole mpg; and
(B) Multiply the highway model type fuel economy calculated from the tests performed using alcohol or natural gas test fuel as determined in § 600.206 (a)(2)(iii) and (4)(ii) by 0.78, rounding the product to the nearest whole mpg.
(c) If the resulting city value determined in paragraph (a) of this section exceeds the resulting highway value determined in paragraph (b) of this section, the city value will be set equal to the highway value.
(d) For the purposes of calculating the combined fuel economy for a model type, to be used in determining annual fuel costs under § 600.307, the manufacturer shall (except as provided for in paragraph (d)(2) of this section):
(1)(i) For gasoline-fueled, diesel-fueled, alcohol-fueled, and natural gas-fueled automobiles, harmonically average the unrounded city and highway values, determined in paragraphs (a)(1)(i) and (b)(1)(i), or (a)(2)(i) and (b)(2)(i) of this section weighted 0.55 and 0.45 respectively, and round to the nearest whole mpg. (An example of this calculation procedure appears in appendix II of this part); or
(ii) For alcohol dual fuel and natural gas dual fuel automobiles, harmonically average the unrounded city and highway values from the tests performed using gasoline or diesel test fuel as determined in paragraphs (a)(1)(ii)(A) and (b)(1)(ii)(A), or (a)(2)(ii)(A) and (b)(2)(ii)(A) of this section.
(2) If the resulting city value determined in paragraph (a) of this section exceeds the resulting highway value determined in paragraph (b) of this section, the combined fuel economy will be set equal to the highway value, rounded to the nearest whole mpg.
At 59 FR 39656, Aug. 3, 1994, § 600.209-95 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
(a) The provisions of this subpart are applicable to 1995 and later model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in those sections pertaining specifically to electric vehicles.
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
The definitions in § 600.002 apply to this subpart.
The abbreviations in § 600.003 apply to this subpart.
The section numbering procedure set forth in § 600.004 applies to this subpart.
The recordkeeping requirements set forth in § 600.005 apply to this subpart.
(a) Prior to being offered for sale, each manufacturer shall affix or cause to be affixed and each dealer shall maintain or cause to be maintained on each automobile:
(1) A general fuel economy label (initial, or updated as required in § 600.314) as described in § 600.307(c) or:
(2) A specific label, as described in § 600.307(d), for those automobiles manufactured or imported before the date that occurs 15 days after general labels have been determined by the manufacturer.
(i) If the manufacturer elects to use a specific label within a model type (as defined in § 600.002(a)(19)), he shall also affix specific labels on all automobiles within this model type, except on those automobiles manufactured or imported before the date that labels are required to bear range values as required by paragraph (b) of this section, or determined by the Administrator, or as permitted under § 600.310.
(ii) If a manufacturer elects to change from general to specific labels or vice versa within a model type, the manufacturer shall, within five calendar days, initiate or discontinue as applicable, the use of specific labels on all vehicles within a model type at all facilities where labels are affixed.
(3) For any vehicle for which a specific label is requested which has a combined unadjusted fuel economy value at or below the minimum tax-free value, the following statement must appear on the specific label:
[Manufacturer's name] may have to pay IRS a Gas Guzzler Tax on this vehicle because of the low fuel economy.
(4)(i) At the time a general fuel economy value is determined for a model type, a manufacturer shall, except as provided in paragraph (a)(4)(ii) of this section, relabel, or cause to be relabeled, vehicles which:
(A) Have not been delivered to the ultimate purchaser, and
(B) Have a combined model type fuel economy value of 0.1 mpg or more below the lowest fuel economy value at which a Gas Guzzler Tax of $0 is to be assessed.
(ii) The manufacturer has the option of relabeling vehicles during the first five working days after the general label value is known.
(iii) For those vehicle model types which have been issued a specific label and are subsequently found to have tax liability, the manufacturer is responsible for the tax liability regardless of
(b) The manufacturer shall include the current range of fuel economy of comparable automobiles (as described in §§ 600.311 and 600.314) in the label of each vehicle manufactured or imported more than 15 calendar days after the current range is made available by the Administrator.
(1) Automobiles manufactured before a date 16 or more calendar days after the initial label range is made available under § 600.311(c) may be labeled without a range of fuel economy of comparable automobiles. In place of the range of fuel economy of comparable automobiles, the label must contain a statement indicating that, as of the date of production or importation of this automobile, no range of fuel economy of comparable automobiles was available.
(2) Automobiles manufactured more than 15 calendar days after the initial or updated label range is made available under § 600.311 (c) or (d) will be labeled with the current range of fuel economy of comparable automobiles as approved for that label.
(c) The fuel economy label must be readily visible from the exterior of the automobile and remain affixed until the time the automobile is delivered to the ultimate consumer.
(1) The fuel economy label must be located on a side window. If the window is not large enough to contain both the Automobile Information Disclosure Act label and the fuel economy label, the manufacturer shall have the fuel economy label affixed on another window and as close as possible to the Automobile Information Disclosure Act label.
(2) The fuel economy label information may be included with the Automobile Information Disclosure Act label if the prominence and legibility of the fuel economy label is maintained. For this purpose, all fuel economy label information must be placed on a separate section in the label and may not be intermixed with the Automobile Information Disclosure Act label information, except for vehicle descriptions as noted in § 600.307-86(c).
(3) The manufacturer shall have the fuel economy label affixed in such a manner that appearance and legibility are maintained until after the vehicle is delivered to the ultimate consumer.
(a)(1) Fuel economy labels must be:
(i) Rectangular in shape with a minimum height of 4.5 inches (114 mm) and a minimum length of 7.0 inches (178 mm) as depicted in Appendix VIII.
(ii) Printed in a color which contrasts with the paper color.
(iii) The label shall have a contrasting border at least 0.25 inches (6.4 mm) wide.
(2) The top 50 percent of the total fuel economy label area shall contain only the following information and in the same format depicted in the label format in Appendix VIII:
(i) The titles “CITY MPG” and “HIGHWAY MPG”, centered over the applicable fuel economy estimates, in bold caps 10 points in size,
(ii) The city and highway fuel economy estimates calculated in accordance with § 600.209 (a) and (b),
(iii) The fuel pump logo, and
(iv) The phrase “Compare this [vehicle/truck] to others in the FREE GAS MILEAGE GUIDE available at the dealer,” shall be “dropped-out” of the top border as depicted in the sample label format in Appendix VIII. The phrase shall be in lower case in a medium condensed type except for the words “FREE GAS MILEAGE GUIDE” which shall be capitalized in a bold condensed type and no smaller than 12 points in size.
(3) The bottom 50 percent of the label shall contain the following information:
(i) The [vehicle/truck] description, as described in paragraph (c) or (d) of this section, when applicable.
(ii)(A) A statement: “Actual mileage will vary with options, driving conditions, driving habits and [vehicle's/truck's] condition. Results reported to EPA indicate that the majority of [vehicle/truck] with these estimates will achieve between —— and —— mpg in
(B) The range values for this statement are to be calculated in accordance with the following:
(
(
(iii)(A) A statement: “For comparison shopping, all [vehicles/trucks] classified as [insert category as determined in § 600.315] have been issued mileage ratings ranging from —— to —— mpg city and —— to —— mpg highway.” (The range values are those determined in accordance with § 600.311.) Or, when applicable,
(B) A statement: “A range of fuel economy values for other [vehicles/trucks] classified as [insert category as determined in § 600.315] is not available at this time.” or by the statement: “Not available.”
(iv)(A) The statement: “Estimated Annual Fuel Cost:” followed by the appropriate value calculated in accordance with paragraph (g) or (h) of this section.
(B) At the manufacturers option, it may include the fuel cost and the annual mileage interval used to determine the annual fuel cost.
(v) For the 1986 model year only, the statement: “Under EPA's previous fuel economy program, used prior to the 1985 model, year this [vehicle/truck] would have received a single estimate of [insert unadjusted city value, rounded to the nearest whole mpg, as determined in § 600.207(b)] mpg.”
(vi)(A) The Gas Guzzler statement, when applicable (see paragraph (f) of this section), must be centered on a separate line between the bottom border and the Estimated Annual Fuel Cost statements. The words “Gas Guzzler” shall be highlighted.
(B) The type size shall be at least as large as the largest type size in the bottom 50 percent of the label.
(4) The maximum type size for the statements located in the lower 50 percent of the label shall not exceed 10 points in size.
(b)(1) The city mpg number shall be displayed on the left and the highway mpg number displayed on the right.
(2)(i) Except for the digit “one,” each mpg digit shall measure at least 0.35 inches by 0.6 inches (9×15 mm) in width and height respectively.
(ii) The digit “one,” shall measure at least 0.2 inches by 0.6 inches (5 x 15 mm) in width and height respectively.
(3) The strike width of each mpg digit shall be at least 0.075 inches (1.9 mm).
(4)(i) MPG digits not printed as a single character shall be made of a matrix of smaller characters. This matrix shall be at least four characters wide by five characters high (with the exception of three characters wide for the numerical character denoting “one”.)
(ii) The small characters shall be made of successive overstrikes to form a reasonably dark and continuous line that approximates a single large character.
(5)(i) If manufacturer chooses to enlarge the label from that depicted in Appendix VIII the logo and the fuel economy label values, including the titles “CITY MPG” and “HIGHWAY MPG”, must be increased in the same proportion.
(ii) The area bounded by the bottom of the fuel pump logo to the top of the border must continue to represent at least 50 percent of the available label area.
(c) The vehicle description on general labels will be as follows:
(1) Model year;
(2) Vehicle car line;
(3) Engine displacement, in cubic inches, cubic centi-meters, or liters whichever is consistent with the customary description of that engine;
(4) Number of engine cylinders or rotors;
(5) Additional engine description, if necessary to distinguish otherwise identical model types, as approved by the Administrator;
(6) Fuel metering system, including number of carburetor barrels, if applicable;
(7) Transmission class;
(8) Catalyst usage, if necessary to distinguish otherwise identical model types; and
(9) California emission control system usage, if applicable and if the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states.
(d) The vehicle description on specific labels will be as follows:
(1) The descriptions of paragraph (c) of this section;
(2) Interia weight class;
(3) Axle ratio; and
(4) Other engine or vehicle parameters, if approved by the Administrator.
(e) Where the fuel economy label is incorporated with the pricing information sticker, the applicable vehicle description, as set forth in paragraph (c) or (d) of this section, does not have to be repeated if the information is readily found on the Motor Vehicle Information and Cost Savings Act label.
(f)(1) For fuel economy labels of passenger automobile model types requiring a tax statement under § 600.513, the phrase “* * * Gas Guzzler Tax: $——— * * * ”.
(2) The tax value required by this paragraph shall be based on the combined fuel economy value for the model type calculated in accordance with § 600.207 and rounded to the nearest 0.1 mpg. Adjustments in accordance with § 600.209 will not be used to determine the tax liability.
(g)
(1) The annual fuel cost estimate for a model type is computed by multiplying:
(i) Fuel cost per gallon expressed in dollars to the nearest 0.05 dollar, by
(ii) Average annual mileage, expressed in miles per year to the nearest, 1,000 miles per year, by
(iii) The average, rounded to the nearest 0.0001 gallons per mile of the fuel economy value determined in § 600.209(d) for a model type.
(2) The product computed in (g)(1) and rounded to the nearest dollar per year will comprise the annual fuel cost estimate that appears on general labels for the model type.
(h)
(1) The annual fuel cost estimate for vehicle configuration is computed by multiplying:
(i) Fuel cost per gallon expressed in dollars to the nearest 0.05 dollar, by
(ii) Average annual mileage, expressed in miles per year to the nearest 1,000 miles per year, by
(iii) The inverse, rounded to the nearest 0.0001 gallons per mile, of the fuel economy value determined in § 600.206(a)(2)(iii) for a vehicle configuration (city and highway values will be adjusted by the factors in § 600.209 (a) and (b) and combined according to § 600.209(d) before the calculation).
(2) The product computed in (h)(1) of this section and rounded to the nearest dollar per year will comprise the annual fuel cost estimate that appears on specific labels for that vehicle configuration.
(a)(1) Fuel economy labels must be:
(i) Rectangular in shape with a minimum height of 4.5 inches (114 mm) and a minimum length of 7.0 inches (178 mm) as depicted in appendix VIII of this part.
(ii) Printed in a color which contrasts with the paper color.
(iii) The label shall have a contrasting border at least 0.25 inches (6.4 mm) wide.
(2) The top 50 percent of the total fuel economy label area shall contain only the following information and in the same format depicted in the label format in appendix VIII of this part:
(i) The titles “CITY MPG” and “HIGHWAY MPG”, centered over the
(ii)(A) For gasoline-fueled, diesel-fueled, alcohol-fueled, and natural gas-fueled automobiles, the city and highway fuel economy estimates calculated in accordance with § 600.209 (a) and (b).
(B) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the city and highway fuel economy estimates for operation on gasoline or diesel fuel as calculated in § 600.209 (a)(1)(ii)(A) or (2)(ii)(A) and § 600.209 (b)(1)(ii)(A) or (2)(ii)(A).
(iii) The fuel pump logo.
(iv) The phrase “Compare this [vehicle/truck] to others in the FREE FUEL ECONOMY GUIDE available at the dealer,” shall be “dropped-out” of the top border as depicted in the sample label format in appendix VIII of this part. The phase shall be in lower case in a medium condensed type except for the words “FREE FUEL ECONOMY GUIDE” which shall be capitalized in a bold condensed type and no smaller than 12 points in size.
(v)(A) For alcohol-fueled automobiles, the title “(insert appropriate fuel (example “METHANOL “(M85))”)”. The title shall be positioned above the fuel pump logo and shall be in upper case in a bold condensed type and no smaller than 12 points in size.
(B) For natural gas-fueled automobiles, the title “NATURAL GAS*”. The title shall be positioned above the fuel pump logo and shall be in uppercase in a bold condensed type and no smaller than 12 points in size.
(C) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the title “DUAL FUEL*”. The title shall be positioned above the fuel pump logo and shall be in upper case in a bold condensed type and no smaller than 12 points in size.
(vi)(A) For alcohol-fueled automobiles, the title “(insert appropriate fuel (example “M85”))” centered above the title “CITY MPG” and above the title “HIGHWAY MPG” in bold caps 10 points in size.
(B) For natural gas-fueled automobile, the title “GASOLINE EQUIVALENT” centered above the title “CITY MPG” and above the title “HIGHWAY MPG” in bold caps 10 points in size.
(C) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the title “GASOLINE” centered above the title “CITY MPG” and above the title “HIGHWAY MPG” in bold caps 10 points in size.
(3) The bottom 50 percent of the label shall contain the following information:
(i) The [vehicle/truck] description, as described in paragraph (c) or (d) of this section, when applicable.
(ii)(A) A statement: “Actual mileage will vary with options, driving conditions, driving habits and [vehicle's/truck's] condition. Results reported to EPA indicate that the majority of [vehicles/trucks] with these estimates will achieve between
(B) The range values for this statement are to be calculated in accordance with the following:
(
(
(iii)(A) A statement: “For comparison shopping, all [vehicles/trucks] classified as [insert category as determined in § 600.315] have been issued mileage ratings ranging from
(B) A statement: “A range of fuel economy values for other [vehicles/trucks] classified as [insert category as determined in § 600.315] is not available at this time.” or by the statement: “Not available.”
(iv)(A) The statement: “Estimated Annual Fuel Cost:” followed by the appropriate value calculated in accordance with paragraph (g) or (h) of this section. The estimated annual fuel cost value for alcohol dual fuel automobiles and natural gas dual fuel vehicles to appear on the fuel economy label shall be that calculated based on operating the vehicle on gasoline or diesel fuel as determined in § 600.307(g) and (h). At the manufacturers option, the label
(B) At the manufacturers option, it may include the fuel cost and the annual mileage interval used to determine the annual fuel cost.
(v) For the 1986 model year only, the statement: “Under EPA's previous fuel economy program, used prior to the 1985 model year, this [vehicle/truck] would have received a single estimate of [insert unadjusted city value rounded to the nearest whole mpg, as determined in § 600.207(b)] mpg.”
(vi)(A) The Gas Guzzler statement, when applicable (see paragraph (f) of this section), must be centered on a separate line between the bottom border and the Estimated Annual Fuel Cost statements. The words “Gas Guzzler” shall be highlighted.
(B) The type size shall be at least as large as the largest type size in the bottom 50 percent of the label.
(vii)(A) For alcohol-fueled, and natural gas-fueled automobiles, the statement: “*This vehicle operates on [insert appropriate fuel(s)] only.” shall appear above the bottom border. The phrase shall be in lower case in a medium condensed type except for the fuels listed which shall be capitalized in a bold condensed type no smaller than 12 points in size.
(B) For natural gas-fueled automobiles, the statements: “All fuel economy values on this label pertain to gasoline equivalent fuel economy. To convert these values into units of miles per 100 cubic feet of natural gas, multiply by 0.823.” At the manufacturers option, the statement “To convert these values into units of miles per 100 cubic feet of natural gas, multiply by 0.823.” may be replaced by the statement “The fuel economy in units of miles per (insert units used in retail) is estimated to be (insert city fuel economy value) in the city, and (insert highway fuel economy value) on the highway.
(C) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the statement: “This vehicle operates on [insert gasoline or diesel as appropriate] and [insert other fuel(s) as appropriate].” shall appear above the bottom border. The phrase shall be in lower case in a medium condensed type except for the words “gasoline” or “diesel” (as appropriate) and the other fuels listed, which shall be capitalized in a bold condensed type no smaller than 12 points in size.
(viii) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the statement: “All fuel economy values on this label pertain to [insert gasoline or diesel as appropriate] fuel usage. [insert other fuel(s) as appropriate] fuel(s) usage will yield different values. See the FREE FUEL ECONOMY GUIDE for information on [insert other fuel(s)] .” At the manufacturers option, the above statements may be replaced by the statement “The fuel economy while using [insert appropriate fuel (example “M85)] is estimated to be [insert city fuel economy value and appropriate units] in the city and [insert highway fuel economy value and appropriate units] on the highway. See the FREE FUEL ECONOMY GUIDE for other information on [insert appropriate fuel].
(4) The maximum type size for the statements located in the lower 50 percent of the label shall not exceed 10 points in size, except as provided for in paragraphs (a)(3)(vii)(A) and (B) of this section.
(b)(1) The city mpg number shall be displayed on the left and the highway mpg number displayed on the right.
(2)(i) Except for the digit “one,” each mpg digit shall measure at least 0.35 inches by 0.6 inches (9x15mm) in width and height respectively.
(ii) The digit “one,” shall measure at least 0.2 inches by 0.6 inches (5x15mm) in width and height respectively.
(3) The strike width of each mpg digit shall be at least 0.075 inches (1.9mm).
(4)(i) MPG digits not printed as a single character shall be made of a matrix of smaller characters. This matrix shall be at least four characters wide by five characters high (with the exception of three characters wide for the numerical character denoting “one”.)
(ii) The small characters shall be made of successive overstrikes to form a reasonably dark and continuous line that approximates a single large character.
(5)(i) If manufacturer chooses to enlarge the label from that depicted in
(ii) The area bounded by the bottom of the fuel pump logo to the top of the border must continue to represent at least 50 percent of the available label area.
(c) The vehicle description on general labels will be as follows:
(1) Model year;
(2) Vehicle car line;
(3) Engine displacement, in cubic inches, cubic centimeters, or liters whichever is consistent with the customary description of that engine;
(4) Number of engine cylinders or rotors;
(5) Additional engine description, if necessary to distinguish otherwise identical model types, as approved by the Administrator;
(6) Fuel metering system, including number of carburetor barrels, if applicable;
(7) Transmission class;
(8) Catalyst usage, if necessary to distinguish otherwise identical model types; and
(9) California emission control system usage, if applicable and if the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states.
(d) The vehicle description on specific labels will be as follows:
(1) The descriptions of paragraph (c) of this section;
(2) Inertia weight class;
(3) Axle ratio; and
(4) Other engine or vehicle parameters, if approved by the Administrator.
(e) Where the fuel economy label is incorporated with the pricing information sticker, the applicable vehicle description, as set forth in paragraph (c) or (d) of this section, does not have to be repeated if the information is readily found on the Motor Vehicle Information and Cost Savings Act label.
(f)(1) For fuel economy labels of passenger automobile model types requiring a tax statement under § 600.513, the phrase “* * * Gas Guzzler Tax: $
(2) The tax value required by this paragraph shall be based on the combined fuel economy value for the model type calculated in accordance with § 600.207 and rounded to the nearest 0.1 mpg. Adjustments in accordance with § 600.209 will not be used to determine the tax liability.
(g)
(1) The annual fuel cost estimate for a model type is computed by multiplying:
(i) Fuel cost per gallon (natural gas must be expressed in units of cost per equivalent gallon, where 100 SCF = 0.823 equivalent gallons) expressed in dollars to the nearest 0.05 dollar; by
(ii) Average annual mileage, expressed in miles per year to the nearest 1,000 miles per year; by
(iii) The average, rounded to the nearest 0.0001 gallons per mile (natural gas must be expressed in units of gallons equivalent per mile where 100 SCF=0.823 equivalent gallons) of the fuel economy value determined in § 600.209(d) for a model type.
(2) The product computed in paragraph (g)(1) of this section and rounded to the nearest dollar per year will comprise the annual fuel cost estimate that appears on general labels for the model type.
(h)
(1) The annual fuel cost estimate for vehicle configuration is computed by multiplying:
(i) Fuel cost per gallon (natural gas must be expressed in units of cost per equivalent gallon, where 100 SCF=0.823
(ii) Average annual mileage, expressed in miles per year to the nearest 1,000 miles per year; by
(iii) The inverse, rounded to the nearest 0.0001 gallons per mile (natural gas must be expressed in units of gallon equivalent per mile, where 100 SCF=0.823 equivalent gallons) of the fuel economy value determined in § 600.206(a)(2)(iii) for a vehicle configuration (city and highway values will be adjusted by the factors in § 600.209(a) and (b) and combined according to § 600.209(d) before the calculation).
(2) The product computed in paragraph (h)(1) of this section and rounded to the nearest dollar per year will comprise the annual fuel cost estimate that appears on specific labels for that vehicle configuration.
At 59 FR 39657, Aug. 3, 1994, § 600.307-95 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
(a) The Administrator may approve, at the request of the manufacturer, specific labels for high altitude vehicles according to § 600.306.
(b) A high altitude vehicle may be labeled with a general or specific label by a manufacturer without regard to the type of label (general or specific) used at low altitude for that model type or vehicle configuration.
(a) The Administrator will determine the range of city and the range of highway fuel economy values for each class of comparable automobiles.
(b) The range of city fuel economy values within a class is the maximum city and the minimum city fuel economy value for all general labels as determined in § 600.307(b)(3) regardless of manufacturer. The range of highway values is determined in the same manner.
(c) The initial range will be made available on a date specified by the Administrator that closely coincides to the date of the general model introduction for the industry.
(d) The ranges of comparable fuel economy values for a class of automobiles will be updated periodically and will be derived from the latest available label values reported to the Administrator for that class of automobiles.
(e) If the Administrator determines that automobiles intended for sale in California are likely to exhibit significant differences in fuel economy from those intended for sale in other states, he will compute separate ranges of fuel economy values for each class of automobiles for California and for the other states.
(f) For high altitude vehicles determined under § 600.310, both general and specific labels will contain the range of comparable fuel economy computed in this section.
(g) The manufacturer shall include the appropriate range of fuel economy determined by the Administrator in paragraph (c) or (d) of this section, on each label affixed to an automobile within the class, except as provided in § 600.306(b)(1).
(a)(1) The manufacturer shall determine label values (general and specific) using the procedures specified in subparts C and D of this part and submit the label values, and the data sufficient to calculate the label values, to the Administrator according to the timetable specified in § 600.313.
(2) Except under paragraph (a)(4) of this section, the manufacturer is not required to obtain Administrator approval of label values prior to the introduction of vehicles for sale.
(3) The label values that the manufacturer calculates and submits under paragraph (a)(1) of this section shall
(4) If required by the Administrator, the manufacturer shall obtain Administrator approval of label values prior to affixing labels to vehicles.
(5)(i) If at any time during the model year, any label values are determined not to be calculated according to the procedures specified in subparts C and D of this part, the Administrator shall notify the manufacturer in writing.
(ii) If the Administrator has sufficient information to enable calculation of the correct label values, this notification shall specify the correct label values which constitute the EPA Fuel Economy Estimates.
(iii) If additional information is required, the Administrator shall request such additional information and a recalculation of the label value by the manufacturer.
(6) If the Administrator determines revised label values under paragraph (a)(5) of this section are lower than the label values calculated by the manufacturer, the manufacturer shall affix the revised labels to all affected new vehicles which are unsold beginning no later than 15 calendar days after the date of notification by the Administrator.
(b)(1) The manufacturer is responsible for affixing vehicle labels that meet the format and content requirements of this subpart.
(2) The manufacturer shall retain for examination, at the Administrator's discretion, typical label formats representing all information required on the manufacturer's fuel economy labels. The information shall include the text of all required and voluntary information as well as the size and color of print and paper, spacing, and location of all printed information. Where the fuel economy label is incorporated with the Automobile Information Disclosure Act label, the above requirements pertain to those sections of the label concerning fuel economy labeling information.
(3) If the Administrator determines upon examination of record that the label format or content do not meet the requirements of this subpart, the Administrator may:
(i) Require the manufacturer to make specific changes in subsequent labels, and
(ii) Require such changes to be implemented on a reasonable timetable, but no sooner than 15 days from the date of notification to the manufacturer.
(a) A manufacturer shall submit to the Administrator fuel economy label values and sufficient information to determine fuel economy label values within the following time constraints (except for manufacturers designated under § 600.312(a)(4) who shall submit the information no later than thirty calendar days prior to the date the model type [vehicle] is initially offered for sale.
(1) For initial general label values, no later than five working days before the date that the model type is initially offered for sale;
(2) For specific label values, no later than five working days before any vehicles are offered for sale;
(3) For model types having label values updated because of running changes (as required under § 600.314(b)), the submission must be made at least five working days before the date of implementation of the running change.
(b) A manufacturer may not proceed with any label calculation until the data from each vehicle used in such calculation satisfies the requirements of § 600.008, except as allowed under the provisions of § 600.314-01(e) and approved by the Administrator.
(c) If the Administrator has waived any testing in paragraph (b) of this section and subsequently finds that the decision to waive testing was based on an incorrect data submission or that a fuel economy offset exists (based on subsequent testing of that manufacturer's product line), the Administrator may require confirmation of the data generated by any such waived vehicle.
(a) A manufacturer shall submit to the Administrator fuel economy label values and sufficient information to determine fuel economy label values within the following time constraints (except for manufacturers designated under § 600.312(a)(4) who shall submit the information no later than thirty calendar days prior to the date the model type [vehicle] is initially offered for sale.
(1) For initial general label values, no later than five working days before the date that the model type is initially offered for sale;
(2) For specific label values, no later than five working days before any vehicles are offered for sale.
(3) For model types having label values updated because of running changes (as required under § 600.314(b)), the submission must be made at least five working days before the date of implementation of the running change.
(b) A manufacturer may not proceed with any label calculation until the data from each vehicle used in such calculation satisfies the requirements of § 600.008.
(c) If the Administrator has waived any testing in paragraph (b) of this section and subsequently finds that the decision to waive testing was based on an incorrect data submission or that a fuel economy offset exists (based on subsequent testing of that manufacturer's product line), the Administrator may require confirmation of the data generated by any such waived vehicle.
(a) The label values established in § 600.312 shall remain in effect for the model year unless updated in accordance with paragraph (b) of this section.
(b)(1) The manufacturer shall recalculate the model type fuel economy values for any model type containing base levels affected by running changes specified in § 600.507(a).
(2) For separate model types created in § 600.207(a)(2), the manufacturer shall recalculate the model type values for any additions or deletions of subconfigurations to the model type. Minimum data requirements specified in § 600.010(c)(1)(ii) shall be met prior to recalculation.
(3) Label value recalculations shall be performed to read as follows:
(i) The manufacturer shall use updated total model year projected sales for label value recalculations.
(ii) All model year data approved by the Administrator at the time of the recalculation for that model type shall be included in the recalculation.
(iii) Using the additional data under paragraph (b) of this section, the manufacturer shall calculate new model type city and highway values in accordance with §§ 600.207 and 600.209 except that the values shall be rounded to the nearest 0.1 mpg.
(iv) The existing label values, calculated in accordance with §§ 600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.
(4)(i) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or more, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) to all new vehicles of that model type beginning on the day of implementation of the running change.
(ii) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is higher than the respective city or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or more, then the manufacturer has the option to use the recalculated values for labeling the entire model type beginning on the day of implementation of the running change.
(c) For fuel economy labels updated using recalculated fuel economy values determined in accordance with paragraph (b) of this section, the manufacturer shall concurrently update all other label information (e.g., the annual fuel cost, range of comparable vehicles and the applicability of the Gas Guzzler Tax as needed).
(d) The Administrator shall periodically update the range of fuel economies of comparable automobiles based
(e) The manufacturer may request permission from the Administrator to calculate and use label values based on test data from vehicles which have not completed the Administrator ordered confirmatory testing required under the provisions of § 600.008-00(c). If the Administrator approves such a calculation the following procedures shall be used to determine if relabeling is required after the confirmatory testing is completed.
(1) The Administrator ordered confirmatory testing shall be completed as quickly as possible.
(2) Using the additional data under paragraph (e)(1) of this section, the manufacturer shall calculate new model type city and highway values in accordance with §§ 600.207 and 600.209 except that the values shall be rounded to the nearest 0.1 mpg.
(3) The existing label values, calculated in accordance with §§ 600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.
(4) Relabeling. (i) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 0.5 mpg or more, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) to all new vehicles of that model type beginning 15 days after the completion of the confirmatory test.
(ii) If both the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 0.1 mpg or more and the recalculated gas guzzler tax rate determined under the provisions of § 600.513-91 is larger, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) and gas guzzler tax statement and rates to all new vehicles of that model type beginning 15 days after the completion of the confirmatory test.
(5) For fuel economy labels updated using recalculated fuel economy values determined in accordance with paragraph (e)(4) of this section, the manufacturer shall concurrently update all other label information (e.g., the annual fuel cost, range of comparable vehicles and the applicability of the Gas Guzzler Tax if required by Department of Treasury regulations).
(a) The label values established in § 600.312 shall remain in effect for the model year unless updated in accordance with paragraph (b) of this section.
(b)(1) The manufacturer shall recalculate the model type fuel economy values for any model type containing base levels affected by running changes specified in §600.507(a).
(2) For separate model types created in § 600.207(a)(2), the manufacturer shall recalculate the model type values for any additions or deletions of subconfigurations to the model type. Minimum data requirements specified in §600.010(c)(1)(ii) shall be met prior to recalculation.
(3) Label value recalculations shall be performed as follows:
(i) The manufacturer shall use updated total model year projected sales for label value recalculations.
(ii) All model year data approved by the Administrator at the time of the recalculation for that model type shall be included in the recalculation.
(iii) Using the additional data under paragraph (b) of this section, the manufacturer shall calculate new model type city and highway values in accordance with §§ 600.207 and 600.209 except that the values shall be rounded to the nearest 0.1 mpg.
(iv) The existing label values, calculated in accordance with §§ 600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.
(4)(i) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or more, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) to all new vehicles of that
(ii) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is higher than the respective city or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or more, then the manufacturer has the option to use the recalculated values for labeling the entire model type beginning on the day of implementation of the running change.
(c) For fuel economy labels updated using recalculated fuel economy values determined in accordance with paragraph (b) of this section, the manufacturer shall concurrently update all other label information (e.g., the annual fuel cost, range of comparable vehicles and the applicability of the Gas Guzzler Tax if required by Department of Treasury regulations).
(d) The Administrator shall periodically update the range of fuel economies of comparable automobiles based upon all label data supplied to the Administrator.
(a) The Secretary will classify automobiles as passenger automobiles or light trucks (nonpassenger automobiles) in accordance with 49 CFR part 523.
(1) The Administrator will classify passenger automobiles by car line into one of the following classes based on interior volume index or seating capacity except for those passenger automobiles which the Administrator determines are most appropriately classed as special purpose vehicles as provided in paragraph (a)(3) of this section:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(2) The Administrator will classify nonpassenger automobiles into the following categories: small pickup trucks, standard pickup trucks, vans, and special purpose vehicles. Pickup trucks will be separated by car line on the basis of gross vehicle weight rating (GVWR). For pickup truck car lines with more than one GVWR, the GVWR of the pickup truck car line is the arithmetic average of all distinct GVWR's less than or equal to 8,500 pounds available for that car line.
(i)
(ii)
(iii)
(3) All automobiles with GVWR less than or equal to 8,500 pounds which possess special features and which the Administrator determines are more appropriately classified separately from typical automobiles or which do not meet the requirements of paragraphs (a) (1) and (2) of this section will be classified as
(4) Once a certain car line is classified by the Administrator, the classification will remain in effect for the model year.
(b)
(2) For all body styles except station wagons and hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seatbelts as required by DOT safety regulations, interior volume index is the sum, rounded to the nearest 0.1 cubic feet, of the front seat volume, the rear seat volume, if applicable, and the luggage capacity.
(3) For all station wagons and hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seatbelts as required by DOT safety regulations, interior volume index is the sum, rounded to the nearest 0.1 cubic feet, of the front seat volume, the rear seat volume, and the cargo volume index.
(c) All interior and cargo dimensions are measured in inches to the nearest 0.1 inch. All dimensions and volumes shall be determined from the base vehicles of each body style in each car line, and do not include optional equipment. The dimensions H61, W3, W5, L34, H63, W4, W6, L51, H201, L205, L210, L211, H198, and volume V1 are to be determined in accordance with the procedures outlined in Motor Vehicle Dimensions SAE J1100a (Report of Human Factors Engineering Committee, Society of Automotive Engineers, approved September 1973 and last revised September 1975) except as noted herein:
(1)
(2)
(3)
(ii)
(iii)
(d) The front seat volume is calculated in cubic feet by dividing 1,728 into the product of three terms listed below and rounding the quotient to the nearest 0.001 cubic feet:
(1)
(2)(i)
(ii)
(3)
(e) The rear seat volume is calculated in cubic feet, for vehicles within a rear seat equipped with rear seat belts (as required by DOT), by dividing 1,728 into the product of three terms listed below and rounding the quotient to the nearest 0.001 cubic feet:
(1)
(2)(i)
(ii)
(3)
(f) The luggage capacity is V1, the usable luggage capacity obtained according to paragraph (c) of this section. For passenger automobiles with no rear seat or with a rear seat but no rear seat belts, the area to the rear of the front seat shall be included in the determination of V1, usable luggage capacity, as outlined in paragraph (c) of this section.
(g)
(i)
(ii)
(iii)
(2) For hatchbacks, the cargo volume index V3 is calculated, in cubic feet, by dividing 1,728 into the product of three terms:
(i) Average cargo length, which is the arithmetic average of:
(A)
(B)
(ii)
(iii)
(h) The following data must be submitted to the Administrator no later than the time of a general label request. Data shall be included for each body style in the car line covered by that general label.
(1) For all passenger automobiles:
(i) Dimensions H61, W3, L34 determined in accordance with paragraph (c) of this section.
(ii) Front seat volume determined in accordance with paragraph (d) of this section.
(iii) Dimensions H63, W4, L51 (if applicable) determined in accordance with paragraph (c) of this section.
(iv) Rear seat volume (if applicable) determined in accordance with paragraph (e) of this section.
(v) The interior volume index determined in accordance with paragraph (b) of this section for:
(A) Each body style, and
(B) The car line.
(vi) The class of the car line as determined in paragraph (a) of this section.
(2) For all passenger automobiles except station wagons and hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seat belts as required by DOT safety regulations:
(i) The quantity and letter designation of the pieces of the standard luggage set installed in the vehicle in the determination of usable luggage capacity V1, and
(ii) The usable luggage capacity V1, determined in accordance with paragraph (f) of this section.
(3) For station wagons with more than one seat (e.g., with a second or third seat) equipped with seat belts as required by DOT safety regulations:
(i) The dimensions H201 and L205 determined in accordance with paragraph (c) of this section, and
(ii) The cargo volume index V2 determined in accordance with paragraph (g)(1) of this section.
(4) For hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seat belts as required by DOT safety regulations:
(i) The dimensions L210, L211, and H198 determined in accordance with paragraph (c) of this section.
(ii) The cargo volume index V3 determined in accordance with paragraph (g)(2) of this section.
(5) For pickup trucks:
(i) All GVWR's of less than or equal to 8,500 pounds available in the car line.
(ii) The arithmetic average GVWR for the car line.
Where more than one person is the manufacturer of a vehicle, the final stage vehicle manufacturer (as defined in 49 CFR 549.3) is treated as the manufacturer for purposes of compliance with this subpart.
The provisions of this subpart are applicable to 1977 and later model year automobiles.
The definitions in § 600.002 apply to this subpart.
The abbreviations in § 600.003 apply to this subpart.
The section numbering procedure specified in § 600.004 applies to this subpart.
(a) Each dealer shall prominently display at each location where new automobiles are offered for sale booklets containing the information specified in § 600.407. The dealer shall provide these booklets without charge and in sufficient quantity to be available for retention by each prospective purchaser upon his request. The dealer will be expected to make these booklets available as soon as they are received by the dealer, but in no case later than 15 working days after notification is given of booklet availability.
(b) The dealer shall display these booklets in the same manner and in each location used to display brochures describing the automobiles offered for sale by the dealer. The display shall include information that similar booklets containing the EPA fuel economy information are also available through the mail by writing to Fuel Economy, Pueblo, Colorado 81009.
(c) The dealer shall display the booklet applicable to each model year automobile offered for sale at the location. If, as described in § 600.406, a regional edition of the booklet is prepared for California automobiles:
(1) Each dealer who offers automobiles for sale at a location within the State of California shall display the California regional edition of the booklet.
(2) Each dealer who offers automobiles for sale at locations outside the State of California, and expects that at least 50 percent of the automobiles eventually sold at the location during the model year will be California configurations, shall display the California regional edition of the booklet. These dealers may also display the national edition of the booklet provided both editions are displayed with equal prominence.
(a) Booklets displayed by dealers in order to fulfill the obligations of § 600.405 may be either the Gas Mileage Guide published by the FEA Administrator or a booklet approved by the Administrator of EPA containing the same information, format, and order as the booklet published by the FEA Administrator.
(b) The booklet may highlight the dealer's product line by contrasting color of ink or boldface type and may include other supplemental information regarding the dealer's product line
(c) A manufacturer's name and logo or a dealer's name and address or both may appear on the back cover of the booklet.
Sec. 301, Pub. L. 94-163, 89 Stat. 901 (15 U.S.C. 2001, 2003, 2005, 2006).
(a) Except as provided in paragraph (c) of this section, the provisions of this subpart are applicable to 1985 and later model year gasoline-fueled and diesel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in those sections pertaining specifically to electric vehicles.
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
(c) Subject to prior approval by the Administrator, manufacturers may optionally implement, for 1985 model year vehicles, provisions of this subpart that are applicable to 1986 and later model year vehicles.
(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in those sections pertaining specifically to electric vehicles.
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
(a) The provisions of this subpart are applicable to 1993 and later model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-fueled, alcohol dual fuel and natural gas dual fuel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt from the requirement of this subpart, except with regard to the requirements in those sections pertaining specifically to electric vehicles.
(2) Manufacturers with worldwide production (excluding electric vehicle production) of less than 10,000 gasoline-fueled and/or diesel powered passenger automobiles and light trucks may optionally comply with the electric vehicle requirements in this subpart.
(a) The following definitions apply beginning with the 1979 model year. The definitions in § 600.502-78 remain effective except that provision (a)(2)(ii) is hereby superseded. The definitions in § 600.002 also apply to this subpart.
(1) “Declared value” of imported components shall be:
(i) The value at which components are declared by the importer to the U.S. Customs Service at the date of entry into the customs territory of the United States, or
(ii) With respect to imports into Canada, the declared value of such components as if they were declared as imports into the United States at the date of entry into Canada, or
(iii) With respect to imports into Mexico (when § 600.511-80(b)(3) applies), the declared value of such components as if they were declared as imports into the United States at the date of entry into Mexico.
(2)
(i) The average U.S. dealer wholesale price for such car line as computed from each official dealer price list effective during the course of a model year, and
(ii) The number of automobiles within the car line produced during the part of the model year that the price list was in effect.
(3)
The abbreviations in § 600.003 apply to this subpart.
The section numbering procedure set forth in § 600.004 applies to this subpart.
The recordkeeping procedure set forth in § 600.005 applies to this subpart.
(a) Except as specified in paragraph (d) of this section, the manufacturer shall submit additional running change fuel economy data as specified in paragraph (b) of this section for any running change approved or implemented under 40 CFR 86.079-32, 86.079-33, or 86.082-34 or 40 CFR 86.1842-01 as applicable, which:
(1) Creates a new base level or,
(2) Affects an existing base level by:
(i) Adding an axle ratio which is at least 10 percent larger (or, optionally, 10 percent smaller) than the largest axle ratio tested.
(ii) Increasing (or, optionally, decreasing) the road-load horsepower for a subconfiguration by 10 percent or more for the individual running change or, when considered cumulatively, since original certification (for each cumulative 10 percent increase using the originally certified road-load horsepower as a base).
(iii) Adding a new subconfiguration by increasing (or, optionally, decreasing) the equivalent test weight for any previously tested subconfiguration in the base level.
(b)(1) The additional running change fuel economy data requirement in paragraph (a) of this section will be determined based on the sales of the vehicle configurations in the created or affected base level(s) as updated at the time of running change approval.
(2) Within each newly created base level as specified in paragraph (a)(1) of this section, the manufacturer shall submit data from the highest projected total model year sales subconfiguration within the highest projected total model year sales configuration in the base level.
(3) Within each base level affected by a running change as specified in paragraph (a)(2) of this section, fuel economy data shall be submitted for the vehicle configuration created or affected by the running change which has the highest total model year sales. The test vehicle shall be of the subconfiguration created by the running change which has the highest projected total model year sales within the applicable vehicle configuration.
(c) The manufacturer shall submit the fuel economy data required by this section to the Administrator in accordance with § 600.314(b).
(d) For those model types created under § 600.207(a)(2), the manufacturer shall submit data for each subconfiguration added by a running change.
(a) The manufacturer may, at his option, submit data in addition to the data required by the Administrator.
(b) Additional fuel economy data may be submitted by the manufacturer for any vehicle configuration which is to be tested as required in § 600.507 or for which fuel economy data were previously submitted under paragraph (c) of this section.
(c) Within a base level, additional fuel economy data may be submitted
(a) Average fuel economy will be calculated to the nearest 0.1 mpg for the classes of automobiles identified herein, and the results of such calculations will be reported to the Secretary of Transportation for use in determining compliance with the applicable fuel economy standards.
(1) An average fuel economy calculation will be made for the category of passenger automobiles that is domestically manufactured as defined in § 600.511(d)(1).
(2) An average fuel economy calculation will be made for the category of passenger automobiles that is not domestically manufactured as defined in § 600.511(d)(2).
(3) An average fuel economy calculation will be made for the category of light trucks which is defined in § 600.511(e)(1) and has two-wheel drive.
(4) An average fuel economy calculation will be made for the category of light trucks which is defined in § 600.511(e)(1) and has four-wheel drive.
(5) An average fuel economy calculation will be made for the category of light trucks which is defined in § 600.511(e)(2) and has two-wheel drive.
(6) An average fuel economy calculation will be made for the category of light trucks which is defined in § 600.511(e)(2) and has four-wheel drive.
(b) For the purpose of calculating average fuel economy under paragraph (c), of this section:
(1) All fuel economy data submitted in accordance with § 600.006(e) or § 600.512(c) shall be used.
(2) The combined city/highway fuel economy will be calculated for each model type in accordance with § 600.207 of this section except that:
(i) Separate fuel economy values will be calculated for model types and base levels associated with car lines that are:
(A) Domestically produced, and
(B) Nondomestically produced and imported;
(ii) Total model year production data, as required by this subpart, will be used instead of sales projections;
(iii) The fuel economy value of diesel-powered model types will be multiplied by the factor 1.0 to correct gallons of diesel fuel to equivalent gallons of gasoline;
(iv) The fuel economy value will be rounded to the nearest 0.1 mpg;
(v) At the manufacturer's option, those vehicle configurations that are selfcompensating to altitude changes may be separated by sales into high-altitude sales categories and low-altitude sales categories. These separate sales categories may then be treated (only for the purpose of this section) as separate configurations in accordance with the procedure of paragraph § 600.207(a)(4)(ii), and
(3) The fuel economy value for each vehicle configuration is the combined fuel economy calculated according to § 600.206 except that:
(i) Separate fuel economy values will be calculated for vehicle configurations associated with car lines that are:
(A) Domestically produced, and
(B) Nondomestically produced and imported:
(ii) Total model year production data, as required by this subpart will be used instead of sales projections; and
(iii) The fuel economy value of diesel-powered model types will be multiplied by the factor 1.0 to convert gallons of diesel fuel to equivalent gallons of gasoline.
(c) Except as permitted in paragraph (d) of this section, the average fuel economy will be calculated individually for each category identified in § 600.510(a) as follows:
(1) Divide the total production volume of that category of automobiles by
(2) A sum of terms, each of which corresponds to a model type within that category of automobiles and is a fraction determined by dividing
(i) The number of automobiles of that model type produced by the manufacturer in the model year by
(ii) The fuel economy calculated for that model type in accordance with paragraph (b)(2) of this section.
(d) The Administrator may approve alternative calculation methods if they
(e) For passenger categories identified in paragraphs (a) (1) and (2) of this section, the average fuel economy calculated in accordance with paragraph (c) of this section shall be adjusted using the following equation:
Any calculated value of IW less than zero shall be set equal to zero.
(f) The Administration shall calculate and apply additional average fuel ecomony adjustments if, after notice and opportunity for comment, the Administrator determines that, as a result of test procedure changes not previously considered, such correction is necessary to yield fuel economy test results that are comparable to those obtained under the 1975 test procedures. In making such determinations, the Administrator must find that:
(1) A directional change in measured fuel economy of an average vehicle can be predicted from a revision to the test procedures;
(2) The magnitude of the change in measured fuel economy for any vehicle or fleet of vehicles caused by a revision to the test procedures is quantifiable from theoretical calculations or best available test data;
(3) The impact of a change on average fuel economy is not due to eliminating the ability of manufacturers to take advantage of flexibilities within the existing test procedures to gain measured improvements in fuel economy which are not the result of actual improvements in the fuel economy of production vehicles.
(4) The impact of a change on average fuel economy is not solely due to a greater ability of manufacturers to reflect in average fuel economy those design changes expected to have comparable effect on in-use fuel economy.
(5) The test procedure change is required by EPA or is a change initiated by EPA in its laboratory and is not a change implemented solely by a manufacturer in its own laboratory.
(a) Average fuel economy will be calculated to the nearest 0.1 mpg for the classes of automobiles identified in this section, and the results of such calculations will be reported to the Secretary of Transportation for use in determining compliance with the applicable fuel economy standards.
(1) An average fuel economy calculation will be made for the category of passenger automobiles that is domestically manufactured as defined in § 600.511(d)(1).
(2) An average fuel economy calculation will be made for the category of
(3) An average fuel economy calculation will be made for the category of light trucks that is domestically manufactured as defined in § 600.511(e)(1).
(4) An average fuel economy calculation will be made for the category of light trucks that is not domestically manufactured as defined in § 600.511(e)(2).
(b) For the purpose of calculating average fuel economy under paragraph (c), of this section:
(1) All fuel economy data submitted in accordance with § 600.006(e) or § 600.502(c) shall be used.
(2) The combined city/highway fuel economy will be calculated for each model type in accordance with § 600.207 of this section except that:
(i) Separate fuel economy values will be calculated for model types and base levels associated with car lines that are:
(A) Domestically produced; and
(B) Nondomestically produced and imported;
(ii) Total model year production data, as required by this subpart, will be used instead of sales projections;
(iii) The fuel economy value of diesel-powered model types will be multiplied by the factor 1.0 to correct gallons of diesel fuel to equivalent gallons of gasoline;
(iv) The fuel economy value will be rounded to the nearest 0.1 mpg; and
(v) At the manufacturer's option, those vehicle configurations that are selfcompensating to altitude changes may be separated by sales into high-altitude sales categories and low-altitude sales categories. These separate sales categories may then be treated (only for the purpose of this section) as separate configurations in accordance with the procedure of paragraph § 600.207(a)(4)(ii).
(3) The fuel economy value for each vehicle configuration is the combined fuel economy calculated according to § 600.206 except that:
(i) Separate fuel economy values will be calculated for vehicle configurations associated with car lines that are:
(A) Domestically produced; and
(B) Nondomestically produced and imported;
(ii) Total model year production data, as required by this subpart will be used instead of sales projections; and
(iii) The fuel economy value of diesel-powered model types will be multiplied by the factor 1.0 to convert gallons of diesel fuel to equivalent gallons of gasoline.
(c) Except as permitted in paragraph (d) of this section, the average fuel economy will be calculated individually for each category identified in paragraph (a) of this section as follows:
(1) Divide the total production volume of that category of automobiles; by
(2) A sum of terms, each of which corresponds to a model type within that category of automobiles and is a fraction determined by dividing:
(i) The number of automobiles of that model type produced by the manufacturer in the model year; by
(ii) For gasoline-fueled and diesel-fueled model types, the fuel economy calculated for that model type in accordance with paragraph (b)(2) of this section; or
(iii) For alcohol-fueled model types, the fuel economy value calculated for that model type in accordance with (b)(2) of this section divided by 0.15 and rounded to the nearest 0.1 mpg; or
(iv) For natural gas-fueled model types, the fuel economy value calculated for that model type in accordance with (b)(2) of this section divided by 0.15 and rounded to the nearest 0.1 mpg; or
(v) For alcohol dual fuel model types, for model years 1993 through 2004, the harmonic average of the following two terms; the result rounded to the nearest 0.1 mpg:
(A) The combined model type fuel economy value for operation on gasoline or diesel fuel as determined in § 600.207(b)(5)(i); and
(B) The combined model type fuel economy value for operation on alcohol fuel as determined in § 600.207(b)(5)(ii) divided by 0.15 provided the requirements of § 600.510 (g) are met; or
(vi) For natural gas dual fuel model types, for model years 1993 through
(A) The combined model type fuel economy value for operation on gasoline or diesel as determined in § 600.207(b)(5)(i); and
(B) The combined model type fuel economy value for operation on natural gas as determined in § 600.207(b)(5)(ii) divided by 0.15 provided the requirements of paragraph (g) of this section are met.
(d) The Administrator may approve alternative calculation methods if they are part of an approved credit plan under the provisions of 15 U.S.C. 2003.
(e) For passenger categories identified in paragraphs (a) (1) and (2) of this section, the average fuel economy calculated in accordance with paragraph (c) of this section shall be adjusted using the following equation:
Any calculated value of IW less than zero shall be set equal to zero.
(f) The Administrator shall calculate and apply additional average fuel economy adjustments if, after notice and opportunity for comment, the Administrator determines that, as a result of test procedure changes not previously considered, such correction is necessary to yield fuel economy test results that are comparable to those obtained under the 1975 test procedures. In making such determinations, the Administrator must find that:
(1) A directional change in measured fuel economy of an average vehicle can be predicted from a revision to the test procedures;
(2) The magnitude of the change in measured fuel economy for any vehicle or fleet of vehicles caused by a revision to the test procedures is quantifiable from theoretical calculations or best available test data;
(3) The impact of a change on average fuel economy is not due to eliminating the ability of manufacturers to take advantage of flexibility within the existing test procedures to gain measured improvements in fuel economy which are not the result of actual improvements in the fuel economy of production vehicles;
(4) The impact of a change on average fuel economy is not solely due to a greater ability of manufacturers to reflect in average fuel economy those design changes expected to have comparable effects on in-use fuel economy;
(5) The test procedure change is required by EPA or is a change initiated by EPA in its laboratory and is not a change implemented solely by a manufacturer in its own laboratory.
(g)(1) Alcohol dual fuel automobiles and natural gas dual fuel automobiles must provide equal or greater energy efficiency while operating on alcohol or natural gas as while operating on gasoline or diesel fuel to obtain the CAFE credit determined in paragraphs (c)(2)(v) and (vi) of this section. The following equation must hold true:
(i) The equation must hold true for both the city and highway fuel economy values for each test of each test vehicle.
(ii)(A) The net heating value for alcohol fuels shall be determined per ASTM D 240 (Incorporated by reference as specified in § 600.011-93).
(B) The density for alcohol fuels shall be determined per ASTM D 1298 (Incorporated by reference as specified in § 600.011-93).
(iii) The net heating value and density of gasoline are to be determined by the manufacturer in accordance with § 600.113(c).
(2) For model years 1993 through 1995, alcohol dual fuel automobiles designed to operate on mixtures of alcohol and gasoline must, in addition to paragraph (g)(1) of this section, to obtain the CAFE credit determined in paragraphs (c)(2)(v) and (vi) of this section, provide equal or superior energy efficiency while operating on a mixture of 50% alcohol, 50% gasoline by volume, as while operating on gasoline fuel. The following equation must hold true:
(i) To demonstrate that the equation holds true for each engine family, the manufacturer will:
(A) Test one test vehicle in each engine family on both the city and highway cycles; or
(B) In lieu of testing, provide a written statement attesting that equal or superior energy efficiency is attained while using a 50% alcohol, 50% gasoline mixture compared to using 100% gasoline.
(ii)(A) The net heating value for the 50% alcohol, 50% gasoline mixture shall be determined by ASTM D 240 (Incorporated by reference as specified in § 600.011-93).
(B) The density for the 50% alcohol, 50% gasoline mixture shall be determined per ASTM D 1298 (Incorporated by reference as specified in § 600.011-93).
(iii) The net heating value and density of gasoline are to be determined by the manufacturer in accordance with § 600.113(c).
(3) Alcohol dual fuel passenger automobiles and natural gas dual fuel passenger automobiles manufactured during model years 1993 through 2004 must meet the minimum driving range requirements established by the Secretary of Transportation (49 CFR part 538) to obtain the CAFE credit determined in paragraphs (c)(2)(v) and (vi) of this section.
(h) For each of the model years 1993 through 2004, and for each category of automobile identified in paragraph (a) of this section, the maximum increase in average fuel economy determined in paragraph (c) of this section attributable to alcohol dual fuel automobiles and natural gas dual fuel automobiles shall be 1.2 miles per gallon or as provided for in paragraph (i) of this section.
(1) The Administrator shall calculate the increase in average fuel economy to determine if the maximum increase provided in paragraph (h) of this section has been reached. The Administrator shall calculate the average fuel economy for each category of automobiles specified in paragraph (a) of this section by subtracting the average fuel economy values calculated in accordance with this section by assuming all alcohol dual fuel and natural gas dual fuel automobiles are operated exclusively on gasoline (or diesel) fuel from the average fuel economy values determined in paragraphs (b)(2)(vi), (b)(2)(vii), and (c) of this section. The difference is limited to the maximum increase specified in paragraph (h) of this section.
(2) [Reserved]
(i) In the event that the Secretary of Transportation lowers the corporate average fuel economy standard applicable to passenger automobiles below 27.5 miles per gallon for any model year during 1993 through 2004, the maximum increase of 1.2 mpg per year specified in paragraph (h) of this section shall be reduced by the amount the standard was lowered, but not reduced below 0.7 mpg per year.
At 59 FR 39659, Aug. 3, 1994, § 600.510-93 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
(a) An automobile shall be considered domestically produced in any model year if it is included within a domestically produced car line (car line includes station wagons for purposes of this paragraph), unless the assembly of such automobile is completed in Canada or Mexico and such automobile is not imported into the United States prior to the expiration of 30 days following the end of the model year. For purposes of this paragraph a car line will be considered domestically produced if the following ratio is less than 0.25:
(1) The sum of the declared value, as defined in § 600.502, of all of the imported components installed or included on automobiles produced within such a car line within a given model year plus the cost of transportation and insuring such components to the United States port of entry, the Mexican port of entry (when paragraph (b)(3) of this section applies), or the Canadian port of entry but exclusive of any customs duty, divided by
(2) The cost of production, as defined in § 600.502, of automobiles within such car line.
(b) For the purposes of calculations under this subpart with respect to automobiles manufactured during any model year,
(1) An average exchange rate for the country of origin of each imported component shall be used that is calculated by taking the mean of the exchange rates in effect at the end of each quarter set by the Federal Reserve Bank of New York for twelve calendar quarters prior to and including the calendar quarter ending one year prior to the date that the manufacturer submits the calculation of the preliminary average for such model year. Such rate, once calculated, shall
(2) For automobiles for which paragraph (b)(3) of this section does not apply pursuant to the schedule in paragraph (b)(4), components shall be considered imported unless they are either:
(i) Wholly the growth, product, or manufacture of the United States and/or Canada, or
(ii) Substantially transformed in the United States or Canada into a new and different article of commerce.
(3) For automobiles for which this paragraph applies pursuant to the schedule in paragraph (b)(4) of this section, components shall be considered imported unless they are either:
(i) Wholly the growth, product, or manufacture of the United States and/or Canada and/or Mexico, or
(ii) Substantially transformed in the United States and/or Canada and/or Mexico into a new and different article of commerce.
(4) Paragraphs (b)(4) (i) through (v) of this section set forth the schedule according to which paragraph (b)(3) of this section applies for all automobiles manufactured by a manufacturer and sold in the United States, wherever assembled.
(i) With respect to a manufacturer that initiated the assembly of automobiles in Mexico before model year 1992, the manufacturer may elect, at any time between January 1, 1997, and January 1, 2004, to have paragraph (b)(3) of this section apply to all automobiles it manufactures, beginning with the model year commencing after the date of such election.
(ii) With respect to a manufacturer initiating the assembly of automobiles in Mexico after model year 1991, paragraph (b)(3) of this section shall apply to all automobiles it manufactures, beginning with the model year commencing after January 1, 1994, or the model year commencing after the date that the manufacturer initiates the assembly of automobiles in Mexico, whichever is later.
(iii) With respect to a manufacturer not described by paragraph (b)(4) (i) or (ii) of this section assembling automobiles in the United States or Canada but not in Mexico, the manufacturer may elect, at any time between January 1, 1997, and January 1, 2004, to have paragraph (b)(3) of this section apply to all automobiles it manufactures, beginning with the model year commencing after the date of such election, except that if such manufacturer initiates the assembly of automobiles in Mexico before making such election, this paragraph shall not apply, and the manufacturer shall be subject to paragraph (b)(4)(ii) of this section.
(iv) With respect to a manufacturer not assembling automobiles in the United States, Canada, or Mexico, paragraph (b)(3) of this section shall apply to all automobiles it manufactures, beginning with the model year commencing after January 1, 1994.
(v) With respect to a manufacturer authorized to make an election under paragraph (b)(4) (i) or (iii) of this section which has not made that election within the specified period, paragraph (b)(3) of this section shall apply to all automobiles it manufactures, beginning with the model year commencing after January 1, 2004.
(5) All elections under paragraph (b)(4) of this section shall be made in accordance with the procedures established by the Secretary of Transportation pursuant to 15 U.S.C. 2003(b)(2)(G)(iii).
(c) If it is determined by the Administrator at some date later than the date of entry that the declared value of such imported components did not represent fair market value at the date of entry, through U.S. Bureau of Customs appraisals, the Administrator may review the determination made pursuant to paragraph (a) of this section as to whether the pertinent car lines which utilize such components were correctly included within the manufaturer's domestically-produced or foreign-produced fleets. If such a determination was in error due to misrepresentation of the valuation of imported components at the date of entry, the Administrator may recalculate the manufacturer's average for the affected model year, according to § 600.510, to reflect the correct valuation of such imported components in each affected car line.
(d) In calculating average fuel economy under § 600.510(c), the Administrator will separate the total number of passenger automobiles produced by a manufacturer into the following two categories:
(1) Passenger automobiles which are domestically produced by the manufacturer,
(2) Passenger automobiles which are not domestically produced and which are imported by the manufacturer.
(e) In calculating average fuel economy under § 600.510(c), the Administrator will separate the total number of light trucks produced by a manufacturer into the following two categories:
(1) Light trucks which are domestically produced by the manufacturer.
(2) Light trucks which are not domestically produced and which are imported by the manufacturer.
(a) For each model year, the manufacturer shall submit to the Administrator a report, known as the model year report, containing all information necessary for the calculation of the manufacturer's average fuel economy. The results of the manufacturer calculations and summary information of model type fuel economy values which are contained in the average calculation shall be submitted to the Secretary of the Department of Transportation, National Highway and Traffic Safety Administration.
(b)(1) The model year report shall be in writing, signed by the authorized representative of the manufacturer and shall be submitted no later than 90 days after the end of the model year.
(2) The Administrator may waive the requirement that the model year report be submitted no later than 90 days after the end of the model year. Based upon a request by the manufacturer, if the Administrator determines that 90 days is insufficient time for the manufacturer to provide all additional data required as determined in § 600.507, the Administrator shall establish a date by which the model year report must be submitted.
(3) Separate reports shall be submitted for passenger automobiles and light trucks (as identified in § 600.510).
(c) The model year report must include the following information:
(1) All fuel economy data used in the labeling calculations and subsequently required by the Administrator in accordance with § 600.507;
(2) All fuel economy data for certification vehicles and for vehicles tested for running changes approved under 40 CFR 86.1842-01;
(3) Any additional fuel economy data submitted by the manufacturer under § 600.509;
(4) A fuel economy value for each model type of the manufacturer's product line calculated according to § 600.510(b)(2);
(5) The manufacturer's average fuel economy value calculated according to § 600.510(c);
(6) A listing of both domestically and nondomestically produced car lines as determined in § 600.511 and the cost information upon which the determination was made; and
(7) The authenticity and accuracy of production data must be attested to by the corporation, and shall bear the signature of an officer (a corporate executive of at least the rank of vice-president) designated by the corporation. Such attestation shall constitute a representation by the manufacturer that the manufacturer has established reasonable, prudent procedures to ascertain and provide production data that are accurate and authentic in all material respects and that these procedures have been followed by employees of the manufacturer involved in the reporting process. The signature of the designated officer shall constitute a representation by the required attestation.
(a) For each model year, the manufacturer shall submit to the Administrator a report, known as the model year report, containing all information necessary for the calculation of the manufacturer's average fuel economy.
(b)(1) The model year report shall be in writing, signed by the authorized representative of the manufacturer and
(2) The Administrator may waive the requirement that the model year report be submitted within 60 days after the final quarterly production report. Based upon a request by the manufacturer, if the Administrator determines that 60 days is insufficient time for the manufacturer to provide all additional data required as determined in § 600.507, the Administrator shall establish a date by which the model year report must be submitted.
(3) Separate reports shall be submitted for passenger automobiles and light trucks (as identified in § 600.510).
(c) The model year report must include the following information:
(1) All fuel economy data used in the labeling calculations and subsequently required by the Administrator in accordance with § 600.507.
(2) All fuel economy data for certification vehicles and for vehicles tested for running changes approved under §§ 86.079-32, 86.079-33, and 86.082-34.
(3) Any additional fuel economy data submitted by the manufacturer under § 600.509.
(4) A fuel economy value for each model type of the manufacturer's product line calculated according to § 600.510(b)(2).
(5) The manufacturer's average fuel economy value calculated according to § 600.510(c).
(6) A listing of both domestically and nondomestically produced car lines as determined in § 600.511 and the cost information upon which the determination was made.
(7) The authenticity and accuracy of production data must be attested to by the corporation, and shall bear the signature of an officer (a corporate executive of at least the rank of vice-president) designated by the corporation. Such attestation shall constitute a representation by the manufacturer that the manufacturer has established reasonable, prudent procedures to ascertain and provide production data that are accurate and authentic in all material respects and that these procedures have been followed by employees of the manufacturer involved in the reporting process. The signature of the designated officer shall constitute a representation by the required attestation.
(a)(1) The provisions of this section do not apply to passenger automobiles exempted from Gas Guzzler Tax assessments by the Energy Tax Act of 1978 and regulations promulgated thereunder by the Internal Revenue Service.
(2) Vehicles produced by a manufacturer that has been granted an alternate tax rate schedule by the Secretary of the Treasury shall be labeled with the applicable tax determined under any such alternate tax schedule.
(3) For 1980 and later model year passenger automobiles, the combined general label model type fuel economy
Where:
—Any calculated value of IW less than zero shall be set equal to zero.
(b)
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 17.0 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 16.0 mpg, but less than 17.0 mpg, the Gas Guzzler Tax statement shall show a tax of $200.
(iii) At least 15.0 mpg, but less than 16.0 mpg, the Gas Guzzler Tax statement shall show a tax of $350.
(iv) At least 14.0 mpg, but less than 15.0 mpg, the Gas Guzzler Tax statement shall show a tax of $450.
(v) At least 13.0 mpg, but less than 14.0 mpg, the Gas Guzzler Tax statement shall show a tax of $550.
(vi) Less than 13.0 mpg, the Gas Guzzler Tax statement shall show a tax of $650.
(c)
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 18.5 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $200.
(iii) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $350.
(iv) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $450.
(v) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $600.
(vi) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $750.
(vii) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $950.
(viii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,200.
(d)
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 19.0 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 18.0 mpg, but less than 19.0 mpg, the Gas Guzzler Tax statement shall show a tax of $350.
(iii) At least 17.0 mpg, but less than 18.0 mpg, the Gas Guzzler Tax statement shall show a tax of $500.
(iv) At least 16.0 mpg, but less than 17.0 mpg, the Gas Guzzler Tax statement shall show a tax of $650.
(v) At least 15.0 mpg, but less than 16.0 mpg, the Gas Guzzler Tax statement shall show a tax of $800.
(vi) At least 14.0 mpg, but less than 15.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,000.
(vii) At least 13.0 mpg, but less than 14.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,250.
(viii) Less than 13.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,550.
(e)
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 19.5 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 18.5 mpg, but less than 19.5 mpg, the Gas Guzzler Tax statement shall show a tax of $450.
(iii) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $600.
(iv) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $750.
(v) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $950.
(vi) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,150.
(vii) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,450.
(viii) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,750.
(ix) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,150.
(f)
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 21.0 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 20.0 mpg, but less than 21.0 mpg, the Gas Guzzler Tax statement shall show a tax of $500.
(iii) At least 19.0 mpg, but less than 20.0 mpg, the Gas Guzzler Tax statement shall show a tax of $600.
(iv) At least 18.0 mpg, but less than 19.0 mpg, the Gas Guzzler Tax statement shall show a tax of $800.
(v) At least 17.0 mpg, but less than 18.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,000.
(vi) At least 16.0 mpg, but less than 17.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,200.
(vii) At least 15.0 mpg, but less than 16.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,500.
(viii) At least 14.0 mpg, but less than 15.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,800.
(ix) At least 13.0 mpg, but less than 14.0 mpg, the Gas Guzzler Tax statement shall show a tax of $2,200.
(x) Less than 13.0 mpg, the Gas Guzzler Tax statement shall show a tax of $2,650.
(g)
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 22.5 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 21.5 mpg, but less than 22.5 mpg, the Gas Guzzler Tax statement shall show a tax of $500.
(iii) At least 20.5 mpg, but less than 21.5 mpg, the Gas Guzzler Tax statement shall show a tax of $650.
(iv) At least 19.5 mpg, but less than 20.5 mpg, the Gas Guzzler Tax statement shall show a tax of $850.
(v) At least 18.5 mpg, but less than 19.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,050.
(vi) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,300.
(vii) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,500.
(viii) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,850.
(ix) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,250.
(x) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,700.
(xi) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,200.
(xii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,850.
(a) This section applies only to passenger automobiles sold after December 27, 1991, regardless of the model year of those vehicles. For alcohol dual fuel and natural gas dual fuel automobiles, the fuel economy while such automobiles are operated on gasoline will be used for Gas Guzzler Tax assessments.
(1) The provisions of this section do not apply to passenger automobiles exempted for Gas Guzzler Tax assessments by applicable federal law and regulations. However, the manufacturer of an exempted passenger automobile may, in its discretion, label such vehicles in accordance with the provisions of this section.
(2) For 1991 and later model year passenger automobiles, the combined general label model type fuel economy value used for Gas Guzzler Tax assessments shall be calculated in accordance with the following equation, rounded to the nearest 0.1 mpg:
Any calculated value of IW less than zero shall be set equal to zero.
(b)(1) For passenger automobiles sold after December 31, 1990, with a combined general label model type fuel economy value of less than 22.5 mpg, calculated in accordance with paragraph (a)(2) of this section and rounded to the nearest 0.1 mpg, each vehicle fuel economy label shall include a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act. The tax amount stated shall be as specified in paragraph (b)(2) of this section.
(2) For passenger automobiles with a combined general label model type fuel economy value of:
(i) At least 22.5 mpg, no Gas Guzzler Tax statement is required.
(ii) At least 21.5 mpg, but less than 22.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,000.
(iii) At least 20.5 mpg, but less than 21.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,300.
(iv) At least 19.5 mpg, but less than 20.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,700.
(v) At least 18.5 mpg; but less than 19.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,100.
(vi) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,600.
(vii) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,000.
(viii) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,700.
(ix) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $4,500.
(x) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $5,400.
(xi) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $6,400.
(xii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $7,700.
(a) This sample fuel economy calculation is applicable to 1978 through 1987 model year automobiles.
(1) Assume that a gasoline-fueled vehicle was tested by the Federal Emission Test Procedure and the following results were calculated:
According to the procedure in § 600.113-78, the city fuel economy or MPG
(2) Assume that the same vehicle was tested by the Federal Highway Fuel Economy Test Procedure and calculation similar to that shown in paragraph (a) by this appendix resulted in a highway fuel economy or MPG
(b) This sample fuel economy calculation is applicable to 1988 and later model year automobiles.
(1) Assume that a gasoline-fueled vehicle was tested by the Federal Emission Test Procedure and the following results were calculated:
(2) Assume that the test fuel used for this test had the following properties:
(3) According to the procedure in § 600.113-88, the city fuel economy or MPG
(4) Assume that the same vehicle was tested by the Federal Highway Fuel Economy Test Procedure and a calculation similar to that shown in (b)(3) resulted in a highway fuel economy of MPG
Suppose that a manufacturer called Mizer Motors has a product line composed of eight car lines. Of these eight, four are available with the 300 CID, 2 barrel, non-catalyst, 49-state engine. These four car lines are:
Ajax
Boredom III
Dodo
Castor (Station Wagon)
A car line is defined in subpart A as a group of vehicles within a make or division which has a degree of commonality in construction. Car line does not consider any level of decor or opulence and is not generally distinguished by such characteristics as roofline, number of doors, seats, or windows. Station wagons and light duty trucks are, however, identified separately from the remainder of each car line. In other words, a Castor station wagon would be considered a different car line than the normal Castor car line made up of sedans, coupes, etc.
The engine considered here is defined as a basic engine in subpart A of this part. A basic engine is a unique combination of fuel system, number of cylinders, catalyst usage, and engine displacement.
A model type is a unique combination of car line, basic engine, and transmission class. Thus Ajax is a car line but Ajax 300-2V noncatalyst, 49-state, manual transmission is a model type whereas Ajax 300-2V non-catalyst, 49-state, automatic transmission is a different model type.
The following calculations provide an example of the procedures described in subpart C of this part for the calculation of vehicle configuration and model type fuel economy values. In order to simplify the presentation, only city fuel economy values are included. The procedure is identical for highway and combined fuel economy values.
Manufacturer—Mizer Motors.
Basic Engine: (300-2 barrel, 8-cylinder, non-catalyst, 49 state).
A. For all the base levels except the base level which includes 4,000 pound, manual transmission data, the base level fuel economy is as noted in Step II since only one vehicle configuration was tested within each of these base levels.
B. Since data from more than one vehicle configuration are included in the 4,000-pound, manual transmission base level, this fuel economy is harmonically averaged in proportion to the percentage of total sales of all vehicle configurations tested within that base level represented by each vehicle configuration tested within that base level.
Ajax, 300-2 barrel, automatic, MPG=
Sec. 511, Motor Vehicle Information and Cost Savings Act, as amended (sec. 301, Pub. L. 94-163, 89 Stat. 915 (15 U.S.C. 2011)).
(a) The purpose of an evaluation program initiated under these rules is to determine, in accordance with standardized procedures, the performance of various retrofit devices applicable to automobiles for which fuel economy improvement claims are made, and to compile and disseminate the results of the evaluation. It should be stressed that the role of this program will be the generation, analysis and dissemination of technical data, and not the approval or certification of retrofit devices.
(1) Through engineering or statistical analysis of data from vehicle tests, the evaluation program will determine the effects on fuel economy, exhaust emissions, durability and driveability of the applicable vehicles due to the installation or use of the devices. The evaluation program will also include additional procedures, whenever determined by the Administrator as necessary, to evaluate the durability of the devices themselves, their effects on vehicle durability or other effects only evident over the course of extended mileage accumulation.
(b) Data generated in an evaluation program by the Administrator of the Environmental Protection Agency (EPA) are public information and will be published in the
(a) Except as specifically defined below, all terms used in this part which are defined in 40 CFR part 86 or 40 CFR part 600 shall have the meanings provided therein.
(1) “Retrofit device” or “device” means:
(i) Any component, equipment, or other device (except a flow measuring
(ii) Any fuel additive which is to be added to the fuel supply of an automobile by means other than fuel dispenser pumps; and
(iii) Which any manufacturer, dealer, or distributor of such device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped, as determined under rules of the Administrator.
(2) “Automobile” means any four-wheeled vehicle propelled by fuel which is manufactured primarily for use on public streets, roads, and highways (except any vehicle operated exclusively on a rail or rails), and which is rated at 6,000 lbs. gross vehicle weight or less.
(3) “Fuel economy” means the average number of miles traveled by an automobile per gallon of gasoline (or equivalent amount of other fuel) consumed, as determined by the Administrator in accordance with procedures established under subpart D or F.
(4) “Manufacturer” means a person or company which is engaged in the business of producing or assembling, and which has primary control over the design specifications, of a retrofit device for which a fuel economy improvement claim is made.
(5) “Retrofit” means the addition of a new item, modification or removal of an existing item of equipment beyond that of regular maintenance, on an automobile after its initial manufacture.
(6) “Federal Test Procedure” or “City Fuel Economy Test” means the test procedures specified in 40 CFR part 86, except as those procedures are modified in these protocols.
(7) “Highway Fuel Economy Test” means the test procedure described in § 600.111(b).
(8) “Operator” means any person who installs, services or maintains a retrofit device in an automobile or who operates an automobile with a retrofit device installed.
(9) “Device integrity” means the durability of a device and effect of its malfunction on vehicle safety or other parts of the vehicle system.
(10) “Test data” means any information which is a quantitative measure of any aspect of the behavior of a retrofit device.
(11) “Testing agent” means any person who develops test data on a retrofit device.
(12) “Preconditioning” means the operation of an automobile through one (1) EPA Urban Dynamometer Driving Schedule, described in 40 CFR part 86.
(13) “Configuration” means the mechanical arrangement, calibration and condition of a test automobile, with particular respect to carburetion, ignition timing, and emission control systems.
(14) “Baseline configuration” means the unretrofitted test configuration, tuned in accordance with the automobile manufacturer's specifications.
(15) “Adjusted configuration” means the test configuration after adjustment of engine calibrations to the retrofit specifications, but excluding retrofit hardware installation.
(16) “Retrofitted configuration” means the test configuration after adjustment of engine calibrations to the retrofit specifications
(17) “Data fleet” means a fleet of automobiles tested at “zero device-miles” in “baseline configuration,” the “retrofitted configuration” and in some cases the “adjusted configuration,” in order to determine the changes in fuel economy and exhaust emissions due to the “retrofitted configuration,” and where applicable the changes due to the “adjusted configuration,” as compared to the fuel economy and exhaust emissions of the -“baseline configuration.”
(18) “Durability fleet” means a fleet of automobiles operated for mileage accumulation used to assess deterioration effects associated with the retrofit device.
(19) “Zero device-miles” means the period of time between retrofit installation and the accumulation of 100 miles of automobile operation after installation.
(20) “Independent laboratory” means a test facility operated independently of any motor vehicle, motor vehicle engine, or retrofit device manufacturer capable of performing retrofit device evaluation tests. Additionally, the laboratory shall have no financial interests in the outcome of these tests other than a fee charged for each test performed.
(21) “Evaluation program” or “program” means the sequence of analyses and tests prescribed by the Administrator as described in § 610.13 in order to evaluate the performance of a retrofit device.
(22) “Preliminary analysis” means the engineering analysis performed by EPA prior to testing prescribed by the Administrator based on data and information submitted by a manufacturer or available from other sources.
A retrofit device evaluation program will be initiated as follows:
(a) At the request of the Federal Trade Commission (FTC) when it has reason to believe that fuel economy representation made for a retrofit device being marketed may be inadequate,
(b) At the EPA Administrator's initiative, or
(c) Upon the application of any manufacturer of a retrofit device (or prototype thereof) for which a fuel economy improvement claim is made.
(a) Each device evaluation program will consist of up to three phases:
(1) A preliminary analysis of available information and test data on the device to be performed by the EPA Administrator;
(2) Designing and conducting of a sequence of tests to determine device effectiveness if considered necessary by virtue of the Administrator's preliminary analysis; and
(3) Publication in the
(b) Each of the above phases may, as appropriate, include the use of statistically valid sample sizes and statistical evaluation of measured results.
(a) All costs incurred in an evaluation program initiated at the request of the FTC or at the Administrator's initiative, including the cost of purchasing any necessary quantity of the device under evaluation, will be borne by the United States.
(b) For those evaluation programs initiated at the request of a manufacturer of a retrofit device, should the Administrator test the device, or cause the device to be tested, as part of the evaluation, then that manufacturer shall supply, at his own expense, one or more samples of the device to the Administrator and shall be liable for the costs of testing which are incurrred by the Administrator. The manufacturer shall also be liable for the cost of any preliminary testing at an independent testing laboratory performed as part of the evaluation program. Apart from the costs of testing a device, EPA shall be responsible for costs of formulating its engineering evaluation of a device.
Participation in an evaluation program initiated under § 610.12(c) will be available to any person or company who agrees to follow the procedures set forth in these protocols. Failure to conform to any aspect of these protocols, without the approval of the Adminstrator, may be interpreted as withdrawal from participation in the program.
Each applicant for evaluation under § 610.12(c) will be responsible for the following:
(a) Submission of an application, in the format specified by the Administrator, prior to initiation of the evaluation. A separate application shall be made for each different device. The application shall be made to the Administrator (or his delegate) by the manufacturer and shall be updated and corrected by amendment if deemed necessary by EPA.
(b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following:
(1) Identification and description of the device covered by the application, including drawings, schematics and information on the theory of operation.
(2) Vehicles or engines to which the device is applicable and a description of the types of vehicles or engines to which it is not applicable, e.g., would not provide a benefit, a benefit less than claimed for the device in general, or would result in a safety hazard or damage to the engine. If the reason for inapplicability is safety or damage related, this must be explained as required by paragraph (b)(7) of this section.
(3) Installation or usage instructions, including degree of knowledge required by persons making the installation and the tools and equipment required.
(4) A statement of recommended maintenance, degree of knowledge required for that maintenance, and the tools and equipment required to perform the maintenance.
(5) All data regarding exhaust emissions regulated by EPA under § 202 of the Clean Air Act and fuel economy test data on the device or product available to the applicant.
(6) All information available to the applicant concerning whether the device in its operation, function, or malfunction may cause an automobile using that device to emit into the ambient air any substance other than pollutants regulated by EPA under section 202 of the Clean Air Act (i.e., hydrocarbons, carbon monoxide, and oxides of nitrogen), or natural gaseous atmospheric constituents (such as carbon dioxide, or water vapor) in a quantity differing from that emitted in the operation of the automobile without the device.
(7) All information available to the applicant concerning whether and under what conditions the device in its operation, function or malfunction may result in damage to an automobile or endanger its occupants or persons or property in close proximity to the automobile.
(c) Shipment to the EPA's Motor Vehicle Emission Laboratory, or other test site designated by the Administrator, of the devices being evaluated in the quantity specified by the Administrator.
(d) Complete copies of the application and of any amendments thereto shall be submitted in such multiple copies as the Administrator may require.
(a) Device manufactures who apply for evaluation of a fuel economy retrofit device should use the standard application format, in order to allow the Administrator to compile relevant data on specific devices and to allow timely response to applications. Application formats are available from and submissions shall be made to:
Director, Emission Control Technology Division, Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, Michigan 48105. Attn: Fuel Economy Retrofit Device Evaluation.
(b) Four weeks should be allowed for analysis of the application and preparation of a response. As indicated in other sections of this part, this response will include the evaluation of the device according to the criteria discussed in subpart B of this part. The results of the Administrator's evaluation will be made public.
The Administrator will employ the following criteria for evaluating the accuracy of fuel economy representations made with respect to retrofit devices:
(a) Device functional category;
(b) Device integrity;
(c) Operator interaction effects;
(d) Validity of test data;
(e) Evaluation of test data;
(a) The devices evaluated in this program are organized into categories for purposes of definition and establishment of evaluation criteria and test procedures, and to indicate which vehicle functional characteristics (other than fuel economy) may be adversely affected by installation or use of the device.
(b) A device's category will be based on:
(1) Engineering principles governing operation of the device;
(2) Interaction between the device and specific vehicle/engine operating characteristics; and
(3) Constraints with respect to vehicle applicability of the device.
(c) The device categories and the vehicle functional characteristics which may be adversely affected are noted for each device category in Table I. The notation for each characteristic is as follows:
(d) In the absence of sufficient information from the device manufacturer on this topic or if the Administrator's preliminary analysis indicates that testing is necessary to determine the nature or extent of possible adverse effects of device installation and use on vehicle operation and performance, the Administrator will require such tests to be conducted prior to the publication of a complete evaluation of the device.
The integrity of a device will be evaluated with respect to:
(a) The extent to which device manufacture is standardized by means of drawings, specifications, and other fabrication and quality assurance controls;
(b) The degree of sensitivity of device effectiveness to deterioration under exposure to normal operating conditions.
(c) The susceptibility of the device to deterioration of effectiveness under abnormal operating conditions;
(d) The effect upon its surroundings of device malfunction which may be reasonably anticipated to occur in actual use; and
(e) The extent to which test data support (b), (c) and (d).
The device will also be evaluated with respect to:
(a) The degree of sensitivity of device effectiveness to variances in installation, operation and maintenance;
(b) The adequacy of manufacturer-furnished instructions for minimizing variances in installation, operation and maintenance;
(c) The extent to which device installation or use, or the effects of such installation or use, relate to Federal emission control regulations;
(d) Effects on the performance, safety, or occupant comfort of the ret-rofitted vehicle, and on that of other vehicles; and
(e) The relationship between total cost of ownership of the device (purchase price plus maintenance costs) and the cost savings realizable from its fuel economy effects.
The Administrator will make a determination as to the validity of manufacturer-furnished test data on the basis of:
(a) The correlation between the test procedures used by the manufacturer or testing agent and the procedures prescribed in subpart D;
(b) The choice of test vehicle(s) as representative of the manufacturer's claim for operation and/or principles of operation;
(c) The degree of control exercised over ambient and operating conditions in the tests, including vehicle calibrations;
(d) Accuracy and precision of the measurement techniques and instrumentation used in the tests;
(e) Disclosure of all test data acquired on the device, whether representing positive, negative, or inconclusive results;
(f) Qualifications and independence of the testing agent; and
(g) The extent to which test data include evaluation of the durability of the device, or its effect on vehicle durability.
Valid manufacturer-furnished test data will be evaluated with respect to:
(a) Vehicle applicability;
(b) Dependence of device effects upon vehicle type;
(c) Device effects on fuel economy, and on emissions, with statistical or other caveats as established by the data base;
(d) Definition of claims which can be made based on the available data; and
(e) Substantiation of specified claims made by the manufacturer.
(a) If the Administrator determines, by the criteria given in subpart B, that the claims made for a device are not supported by existing test data or other information, the Administrator will request the manufacturer to furnish additional information, and may design a test program to investigate those areas where claims appear to be erroneous or unsupported or where adverse effects due to use of the device are suspected.
(b) In cases where the Administrator determines on the basis of the preliminary analysis that a device either can have no significant beneficial effect on fuel economy, or will have an adverse effect on emissions, he may elect not to design a test program or test the device and to publish only his preliminary analysis and conclusions.
(c) If the evaluation was initiated upon application of a manufacturer (as described in § 610.12(c)) and the manufacturer elects not to have the device tested, the Administrator's preliminary analysis and conclusions will be published.
(d) For each device that the Agency intends to test, the Administrator will give the manufacturer prior notice by mail of the Agency's intent to test the device and provide the manufacturer the opportunity to attend the test sessions and to comment on the specific test design and results.
(a) The tests described in subpart D, E, or F may be conducted if existing
(1) Degree of improvement in fuel economy
(2) Effect on exhaust emissions
(3) Vehicle applicability
(b) The Administrator may determine that, in certain cases, tests using engine dynamometers are adequate for determining the effect of a device. Examples of such cases are given below.
(1)
(2)
(c) When in the judgment of the Administrator a device cannot satisfactorily be evaluated using either dyna-mometer or track versions of the City Fuel Economy Test and the Highway Fuel Economy Test, the Administrator will select or design other procedures.
(a) The composition and size of the test fleet will be determined by the Administrator. In a device evaluation program initiated at the request of the FTC, the composition and size of the test fleet will be determined by the Administrator in consultation with the FTC.
(b) The goal of the test fleet selection will be the provision of a data base adequate to give the Administrator reasonable confidence in the conclusions to be reached.
(c) Once the number of vehicles to be tested has been determined, the Administrator will specify the test fleet makeup by make, model, model year, engine displacement and carburetor, transmission type, and such other factors as he may deem relevant to the testing program.
The Administrator may determine that a device under evaluation will require durability testing in addition to the basic evaluation testing for device effectiveness. This requirement may be necessary for several reasons:
(a) A retrofit device manufacturer may claim that some mileage accumulation may be needed before the full effectiveness of the device can be obtained. If such claims are made, durability testing as described in subpart E may be performed. To determine whether the effectiveness change during the mileage accumulation is a function of the device or of the mileage accumulation alone, in some durability tests it may be necessary to run the mileage accumulation on vehicles with and without the device. Due to the high cost of durability testing and in particular of such duplicate testing, it will be used only where it is judged by the Administrator to be necessary.
(b) A device may have a limited life expectancy or be such that it requires replacement or adjustment at a prescribed mileage interval. Confirmatory durability tests may be run to assess whether such mileage intervals are proper and effective.
(c) A device may be suspected of having an adverse effect on the durability of the engine to which it is applied. After identification of a potential failure mode, durability tests may be conducted to investigate any changes in engine characteristics associated with that failure mode. Examples are valve problems, deterioration in spark plug life, increase in carburet-or or combustion chamber deposits, or increased engine wear. If it is not possible to directly measure the change in the suspect characteristic, then a durability run may be made as described in subpart E, in which fuel economy and exhaust emissions are periodically checked during the accumulation of up to 15,000 miles.
(d) A critical item which can influence fuel economy is vehicle maintenance. Any durability test program used in evaluation of the effectiveness
If the Administrator determines that a device may have potentially detrimental effects on the operation of a vehicle when operated in ambient conditions outside the range specified in 40 CFR part 86, or if the device manufacturer claims a fuel economy improvement in such conditions, additional tests may be performed. These tests will determine whether the device will significantly limit the operational usefulness of the vehicle and will assess the claimed fuel economy benefit.
(a)
(b)
If the Administrator determines that driveability and performance of a vehicle may be adversely affected by the use of a device, a number of automobiles to be determined by the Administrator will be subjected to the driveability and performance tests discussed in §§ 610.62 and 610.63, respectively.
Two chassis dynamometer test procedures, the Federal Test Procedure and the Highway Fuel Economy Test will generally be used to evaluate the effectiveness of the devices supplemented by steady state or engine dy-namometer tests where warranted. Under unusual circumstances, other test procedures, durability test procedures or special test procedures such as track versions of the City and Highway fuel economy tests may be used. These procedures are described in subparts E and F.
(a) In order to measure the effectiveness of a retrofit device at least two, and in some cases, three vehicle configurations defined in § 610.11 will be tested. Each vehicle will be tested at least twice in each configuration, as determined by the Administrator.
(b) The first test configuration is a baseline configuration. In this configuration the baseline or unretrofitted vehicle emissions will be measured.
(c) A second test configuration, an adjusted configuration, may be required at the discretion of the Administrator if a device requires both hardware and engine parameter modifications to achieve the fuel economy improvement. If, in the Administrator's judgment, based on a review of the available information, the combined effects of retrofit hardware installation and parametric adjustment could be substantially duplicated by parametric adjustment alone, then the Administrator may specify a second test, to evaluate such adjustment exclusive of the retrofit hardware.
(d) The third series of tests, in the retrofitted configuration, will evaluate the full retrofit system installed on the vehicle.
(a) Fuel consumption will be measured by:
(1) The carbon balance method, or
(2) Gravimetric or volumetric methods. In the gravimetric and volumetric methods, fuel consumption is determined by weighing the fuel source before and after a test, or by measuring the volume of fuel consumed during a test. Since the distance traveled during the tests is known, the fuel economy, in miles per gallon, can be calculated. Gravimetric and volumetric methods require the use of special test equipment in addition to the emissions measuring equipment.
(b) The carbon balance procedure for measuring fuel consumption relates the carbon products in the exhaust to the amount of fuel burned during the test. This method will be the one used to measure fuel economy unless track or road tests are employed.
(c) Three values of fuel economy will be reported: for city driving (’75 FTP), for highway driving (HFET), and the combined city/highway value calculated according to this equation:
(a)(1)
(i) No evaporative emission loss, as specified by 40 CFR part 86 need be measured (with the exception of devices modifying or disconnecting existing evaporative control devices in such a manner as would be expected to adversely affect their evaporative emission control performance).
(ii) Vehicle preconditioning shall consist of operation of the vehicle through one (1) EPA Urban Dynamom-eter Driving Schedule. This preconditioning must be done at least 12 hours, but no earlier than 36 hours before the emission test.
(iii) While the test fuel must meet the specifications outlined in 40 CFR part 86, fuel conditioning as specified for evaporative emission test procedures is not required.
(b)
(c)
(a) In addition to the tuneup to manufacturer's specifications per § 610.41, all vehicles in the durability fleet will have installed the following new parts: Air, oil, and fuel filters, spark plugs, points, condenser, rotor, distributor cap, PCV valve, and emission control devices such as vacuum control valves and EGR valves.
(b) Vehicles included in the durability fleet will be subjected at zero device-miles to the same test sequence for fuel economy and exhaust emissions as specified in subpart D. Subsequently, they will be tested at 3,000 device-mile intervals, up to and including the final mileage point of 15,000 device-miles. Testing at these mileage points will be performed with the vehicle equipped with the full retrofit system.
(c) After the 15,000-mile test the vehicle will be tuned as necessary and the device adjusted to the manufacturer's
(a) Except as otherwise provided in this part, the mileage accumulation procedure will be that provided in 40 CFR part 86. This mileage accumulation schedule, or a suitable alternate procedure approved by the Administrator, will be used.
(b) Fuel used in the accumulation of mileage will be commercial fuel available in the retail market and shall conform to the requirements of 40 CFR part 86 for mileage accumulation fuel.
(1) The requirements of this paragraph may be modified by the Administrator when it is a fuel or fuel additive that is being tested.
(a) Maintenance during the durability evaluation can best be considered in three separate categories:
(1) Normal scheduled vehicle maintenance,
(2) Unscheduled vehicle maintenance, and
(3) Retrofit maintenance.
(b) Normal scheduled vehicle maintenance is the periodic service specified in the original owner's manual supplied to the owner at the time of new vehicle purchase.
(1) Normal periodic engine oil changes, vehicle lubrication, and oil filter changes, as specified in the original owner's manual, will be performed during durability mileage accumulation.
(2) For purposes of this part, the following items of normally scheduled vehicle maintenance will not be performed during the durability mileage accumulation:
(i) Normal tune-up items:
(A) Spark plugs.
(B) Condenser.
(C) Rotor.
(D) Distributor cap.
(ii) Air Cleaner element.
(iii) PCV Inspection.
(iv) Dwell and timing check.
(v) Charging circuit check.
(3) Periodic maintenance items specified in the original owner's manual, other than those listed above, may be performed if found to be necessary by the Administrator.
(c)
(1) Correction of the following problems will be made as soon as the problems occur:
(i) Tire replacement (same size and type).
(ii) Vehicle body repairs (remote from engine and retrofit).
(iii) Windshield wipers.
(iv) Fluid levels unrelated to retrofit.
(v) Brakes.
(vi) Hoses unrelated to retrofit.
(vii) Belts unrelated to retrofit.
(viii) Suspension failures.
(ix) Wheel alignment.
(x) Steering.
(xi) Wheel bearings.
(xii) Non-engine electrical system.
(xiii) Drivetrain components (U-joints, axles, transmission adjustments, etc.)
(2) Other unscheduled maintenance of the engine or drivetrain may be made as directed by the Administrator. Upon notification of a need for unscheduled maintenance, the Administrator may decide that before and after maintenance fuel economy tests are required.
(d)
(e) A log of all maintenance shall be kept for every vehicle. These logs will be summarized in the final report by the Administrator.
(a)
(b)
The Administrator will choose a test procedure or procedures from various engine dynamometer durability test procedures used by research organizations in government, the oil industry, engine manufacturing companies, and independent laboratories.
Driveability assessment (at normal ambient temperatures) of the baseline configuration, of the adjusted configuration (if required by the Administrator), and of the fully retrofitted configuration may be conducted at zero device-miles for all vehicles included in the durability fleet, and at approximately zero device-miles at low ambient temperatures (0 °F-20 °F). Driveabil-ity evaluation procedures will be provided by the Administrator when necessary.
The effect of a device on a vehicle's performance will be determined by performing wide-open-throttle 0 to 60 mph acceleration tests (at normal ambient temperatures) on the baseline vehicle configuration, on the adjusted configuration (if required), and on the fully retrofitted configuration. Tests will be conducted on a dry, level, smooth-surfaced test track, with appropriate speed-time measuring equipment, on as many vehicles as determined to be necessary.
(a) Cases may arise where it will be necessary to evaluate the fuel economy effects of a retrofit device on a test track, because the effect of the device cannot be adequately tested using the chassis dynamometer procedures. (An obvious example is a device that changes the aerodynamic drag of the test vehicle.) In such cases, testing will be performed on a dry, level, smooth-surfaced test track for such dimensions that the speeds required by the city and highway fuel economy tests may be safely achieved.
(1) Because aerodynamic drag is not a linear function of velocity, it will be necessary to limit testing to times when the wind velocity is less than 5 mph, with gusts less than 10 mph.
(2) Testing will also be limited to ambient temperatures between 60° and 90 °F, and to times when the ambient temperature remains reasonably constant during individual tests. Temperature differences between tests of baseline and retrofit configurations will also be minimized.
(3) Exhaust emissions will not be measured during track testing.
(4) Fuel economy of a vehicle running on a track will be measured using either a volumetric or gravimetric procedure approved by the Administrator.
(5) Vehicle speed and distance will be measured with a “fifth wheel” type of device. Suitable apparatus will be used to generate a permanent record (strip chart recorder, etc.) of the vehicle speed versus time.
(b)
(1) An assistant to the driver will be necessary to steer the vehicle, so that the driver will not be distracted from following the speed-time schedules used in the Federal test procedure.
(2) The test vehicle will be preconditioned within the same time constraints given in § 610.43(a)(1)(ii). Preconditioning may take place either on the track or on a dynamometer. The 12-hour soak after preconditioning will take place in an area where the ambient temperature will remain within the 60° to 90 °F range, indoors, if necessary.
(3) The vehicle will be transported to the test track without being started. If the distance from soak area to track is no greater than one-quarter mile, then the vehicle may be pushed or towed to the track. Otherwise the vehicle must be transported by truck or trailer.
(4) Fuel economy will be determined by either a gravimetric or volumetric method.
(c)
(d)
The Administrator may, pursuant to § 610.31(c), choose a test procedure or procedures from those used by research organizations in government, the oil industry, engine manufacturing companies, and independent laboratories. If none of these is deemed suitable, the Administrator may, in consultation with the party requesting the test, design a dynamometer, track or road test to measure the effects of the device.
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
All changes in this volume of the Code of Federal Regulations which were made by documents published in the
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