[Title 40 CFR N]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY--(Continued)]
[Subchapter N - EFFLUENT GUIDELINES AND STANDARDS]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
15
1996-07-01
1996-07-01
false
EFFLUENT GUIDELINES AND STANDARDS
N
SUBCHAPTER N
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY--(Continued)
SUBCHAPTER N--EFFLUENT GUIDELINES AND STANDARDS
PART 400--[RESERVED]
PART 401--GENERAL PROVISIONS--Table of Contents
Sec.
401.10 Scope and purpose.
401.11 General definitions.
401.12 Law authorizing establishment of effluent limitations guidelines
for existing sources, standards of performance for new sources
and pretreatment standards of new and existing sources.
401.13 Test procedures for measurement.
401.14 Cooling water intake structures.
401.15 Toxic pollutants.
401.16 Conventional pollutants.
401.17 pH Effluent limitations under continuous monitoring.
Authority: Secs. 301, 304 (b) and (c), 306 (b) and (c), 307 (b) and
(c) and 316(b) of the Federal Water Pollution Control Act, as amended
(the ``Act''), 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c),
1317 (b) and (c) and 1326(c); 86 Stat. 816 et seq.; Pub. L. 92-500.
Source: 39 FR 4532, Feb. 1, 1974, unless otherwise noted.
Sec. 401.10 Scope and purpose.
Regulations promulgated or proposed under parts 402 through 699 of
this subchapter prescribe effluent limitations guidelines for existing
sources, standards of performance for new sources and pretreatment
standards for new and existing sources pursuant to sections 301, 304 (b)
and (c), 306 (b) and (c), 307 (b) and (c) and 316(b) of the Federal
Water Pollution Control Act, as amended (the ``Act''), 33 U.S.C. 1251,
1311, 1314 (b) and (c), 1316 (b) and (c), 1317 (b) and (c) and 1326(b);
86 Stat. 816; Pub. L. 92-500. Point sources of discharges of pollutants
are required to comply with these regulations, where applicable, and
permits issued by States or the Environmental Protection Agency (EPA)
under the National Pollutant Discharge Elimination System (NPDES)
established pursuant to section 402 of the Act must be conditioned upon
compliance with applicable requirements of sections 301 and 306 (as well
as certain other requirements). This part 401 sets forth the legal
authority and general definitions which will apply to all regulations
issued concerning specific classes and categories of point sources under
parts 402 through 699 of this subchapter which follow. In certain
instances the regulations applicable to a particular point source
category or subcategory will contain more specialized definitions.
Except as provided in Sec. 401.17, in the case of any conflict between
regulations issued under this part 401 and regulations issued under
parts 402 through 499 of this subchapter, the latter more specific
regulations shall apply.
(Secs. 301, 304, 306 and 501 of the Clean Water Act (the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et. seq., as
amended by the Clean Water Act of 1977, Pub. L. 95-217))
[39 FR 4532, Feb. 1, 1974, as amended at 47 FR 24537, June 4, 1982]
Sec. 401.11 General definitions.
For the purposes of parts 402 through 699 of this subchapter:
(a) The term Act means the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq., 86 Stat. 816, Pub. L. 92-500.
(b) The term Administrator means the Administrator of the United
States Environmental Protection Agency.
(c) The term Environmental Protection Agency means the United States
Environmental Protection Agency.
(d) The term point source means any discernible, confined and
discrete conveyance, including but not limited to any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or vessel or other
floating craft, from which pollutants are or may be discharged.
(e) The term new source means any building, structure, facility or
installation from which there is or may be the discharge of pollutants,
the construction of which is commenced after the publication of proposed
regulations prescribing a standard of performance under section 306 of
the Act which will be applicable to such source if such standard is
thereafter promulgated in accordance with section 306 of the Act.
(f) The term pollutant means dredged spoil, solid waste, incinerator
residue,
[[Page 6]]
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water. It does not mean (1) sewage from vessels or (2)
water, gas or other material which is injected into a well to facilitate
production of oil or gas, or water derived in association with oil or
gas production and disposed of in a well, if the well, used either to
facilitate production or for disposal purposes, is approved by authority
of the State in which the well is located, and if such State determines
that such injection or disposal will not result in degradation of ground
or surface water resources.
(g) The term pollution means the man-made or man induced alteration
of the chemical, physical, biological and radiological integrity of
water.
(h) The term discharge of pollutant(s) means: (1) The addition of
any pollutant to navigable waters from any point source and (2) any
addition of any pollutant to the waters of the contiguous zone or the
ocean from any point source, other than from a vessel or other floating
craft. The term ``discharge'' includes either the discharge of a single
pollutant or the discharge of multiple pollutants.
(i) The term effluent limitation means any restriction established
by the Administrator on quantities, rates, and concentrations of
chemical, physical, biological and other constituents which are
discharged from point sources, other than new sources, into navigable
waters, the waters of the contiguous zone or the ocean.
(j) The term effluent limitations guidelines means any effluent
limitations guidelines issued by the Administrator pursuant to section
304(b) of the Act.
(k) The term standard of performance means any restriction
established by the Administrator pursuant to section 306 of the Act on
quantities, rates, and concentrations of chemical, physical, biological,
and other constituents which are or may be discharged from new sources
into navigable waters, the waters of the contiguous zone or the ocean.
(l) The term navigable waters includes: All navigable waters of the
United States; tributaries of navigable waters of the United States;
interstate waters; intrastate lakes, rivers, and streams which are
utilized by interstate travelers for recreational or other purposes;
intrastate lakes, rivers, and streams from which fish or shellfish are
taken and sold in interstate commerce; and intrastate lakes, rivers, and
streams which are utilized for industrial purposes by industries in
interstate commerce. Navigable waters do not include prior converted
cropland. Notwithstanding the determination of an area's status as prior
converted cropland by any other federal agency, for the purposes of the
Clean Water Act, the final authority regarding Clean Water Act
jurisdiction remains with EPA.
(m) The terms state water pollution control agency, interstate
agency, State, municipality, person, territorial seas, contiguous zone,
biological monitoring, schedule of compliance, and industrial user shall
be defined in accordance with section 502 of the Act unless the context
otherwise requires.
(n) The term noncontract cooling water means water used for cooling
which does not come into direct contact with any raw material,
intermediate product, waste product or finished product.
(o) The term noncontact cooling water pollutants means pollutants
present in noncontact cooling waters.
(p) The term blowdown means the minimum discharge of recirculating
water for the purpose of discharging materials contained in the water,
the further buildup of which would cause concentration in amounts
exceeding limits established by best engineering practice.
(q) The term process waste water means any water which, during
manufacturing or processing, comes into direct contact with or results
from the production or use of any raw material, intermediate product,
finished product, by-product, or waste product.
(r) The term process waste water pollutants means pollutants present
in process waste water.
(s) The following abbreviations shall have the following meanings:
[[Page 7]]
(1) BOD5 means five-day biochemical oxygen demand;
(2) COD means chemical oxygen demand;
(3) TOC means total organic carbon;
(4) TDS means total dissolved solids;
(5) TSS means total suspended non-filterable solids;
(6) kw means kilowatt(s);
(7) kwh means kilowatt hour(s);
(8) Mw means megawatt(s);
(9) Mwh means megawatt hour(s);
(10) hp means horsepower;
(11) mm means millimeter(s);
(12) cm means centimeter;
(13) m means meter(s);
(14) in. means inch;
(15) ft means foot (feet);
(16) l means liter(s);
(17) cu m means cubic meter(s);
(18) k cu m means 1000 cubic meter(s);
(19) gal means gallon(s);
(20) cu ft means cubic foot (feet);
(21) mg means milligram(s);
(22) g means gram(s);
(23) kg means kilogram(s);
(24) kkg means 1000 kilogram(s);
(25) lb means pound(s);
(26) sq m means square meter(s);
(27) ha means hectare(s);
(28) sq ft means square foot (feet); and
(29) ac means acre(s).
[39 FR 4532, Feb. 1, 1974, as amended at 58 FR 45038, Aug. 25, 1994]
Sec. 401.12 Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment
standards of new and existing sources.
(a) Section 301(a) of the Act provides that ``except as in
compliance with this section and sections 302, 306, 307, 318, 402 and
404 of this Act, the discharge of any pollutant by any person shall be
unlawful.''
(b) Section 301(b) of the Act requires the achievement by not later
than July 1, 1977, of effluent limitations for point sources, other than
publicly owned treatment works, which require the application of the
best practicable control technology currently available as determined by
the Administrator pursuant to section 304(b)(1) of the Act. Section
301(b) also requires the achievement by not later than July 1, 1983, of
effluent limitations for point sources, other than publicly owned
treatment works, which require the application of the best available
technology economically achievable which will result in reasonable
further progress toward the national goal of eliminating the discharge
of all pollutants, as determined in accordance with regulations issued
by the Administrator pursuant to section 304(b)(2) of the Act.
(c) Section 304(b) of the Act requires the Administrator to publish
regulations providing guidelines for effluent limitations setting forth
the degree of effluent reduction attainable through the application of
the best practicable control technology currently available and the
degree of effluent reduction attainable through the application of the
best control measures and practices achievable including treatment
techniques, process and procedure innovations, operating methods and
other alternatives.
(d) Section 304(c) of the Act requires the Administrator, after
consultation with appropriate Federal and State agencies and other
interested persons to issue information on the process, procedures, or
operating methods which result in the elimination or reduction of the
discharge of pollutants to implement standards of performance under
section 306 of the Act.
(e) Section 306(b)(1)(B) of the Act requires the Administrator,
after a category of sources is included in a list published pursuant to
section 306(b)(1)(A) of the Act, to propose regulations establishing
Federal standards of performances for new sources within such category.
Standards of performance are to provide for the control of the discharge
of pollutants which reflect the greatest degree of effluent reduction
which the Administrator determines to be achievable through application
of the best available demonstrated control technology, processes,
operating methods, or other alternatives, including, where practicable,
a standard permitting no discharge of pollutants.
(f) Section 307(b) provides that the Administrator shall establish
pretreatment standards which shall prevent the discharge of any
pollutant into publicly owned treatment works which pollutant interferes
with, passes
[[Page 8]]
through untreated, or otherwise is incompatible with such works.
(g) Section 307(c) of the Act provides that the Administrator shall
promulgate pretreatment standards for sources which would be ``new
sources'' under section 306 (if they were to discharge pollutants
directly to navigable waters) at the same time standards of performance
for the equivalent category of new sources are promulgated.
(h) Section 316(b) of the Act provides that any standard established
pursuant to section 301 or section 306 of the Act and applicable to a
point source shall require that the location, design, construction, and
capacity of cooling water intake structures reflect the best technology
available for minimizing adverse environmental impact.
(i) Section 402(a)(1) of the Act provides that the Administrator may
issue permits for the discharge of any pollutant upon condition that
such discharge will meet all applicable requirements under sections 301,
302, 306, 307, 308 and 403 of this Act. In addition, section
402(b)(1)(A) of the Act requires that permits issued by States under the
National Pollutant Discharge Elimination System (NPDES) established by
the Act must apply, and insure compliance with any applicable
requirements of sections 301, 302, 306, 307 and 403 of the Act.
Sec. 401.13 Test procedures for measurement.
The test procedures for measurement which are prescribed at part 136
of this chapter shall apply to expressions of pollutant amounts,
characteristics or properties in effluent limitations guidelines and
standards of performance and pretreatment standards as set forth at
parts 402 through 699 of this subchapter, unless otherwise specifically
noted or defined in said parts.
Sec. 401.14 Cooling water intake structures.
The location, design, construction and capacity of cooling water
intake structures of any point source for which a standard is
established pursuant to section 301 or 306 of the Act shall reflect the
best technology available for minimizing adverse environmental impact,
in accordance with the provisions of part 402 of this chapter.
(Sec. 501(a) of the Federal Water Pollution Control Act, as amended; 33
U.S.C. 1326(b) and 1261(a))
[41 FR 17389, Apr. 26, 1976]
Sec. 401.15 Toxic pollutants.
The following comprise the list of toxic pollutants designated
pursuant to section 307(a)(1) of the Act:
1. Acenaphthene
2. Acrolein
3. Acrylonitrile
4. Aldrin/Dieldrin \1\
---------------------------------------------------------------------------
\1\ Effluent standard promulgated (40 CFR part 129).
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5. Antimony and compounds \2\
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\2\ The term compounds shall include organic and inorganic
compounds.
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6. Arsenic and compounds
7. Asbestos
8. Benzene
9. Benzidine \1\
10. Beryllium and compounds
11. Cadmium and compounds
12. Carbon tetrachloride
13. Chlordane (technical mixture and metabolites)
14. Chlorinated benzenes (other than di-chlorobenzenes)
15. Chlorinated ethanes (including 1,2-di-chloroethane, 1,1,1-
trichloroethane, and hexachloroethane)
16. Chloroalkyl ethers (chloroethyl and mixed ethers)
17. Chlorinated naphthalene
18. Chlorinated phenols (other than those listed elsewhere; includes
trichlorophenols and chlorinated cresols)
19. Chloroform
20. 2-chlorophenol
21. Chromium and compounds
22. Copper and compounds
23. Cyanides
24. DDT and metabolites \1\
25. Dichlorobenzenes (1,2-, 1,3-, and 1,4-di-chlorobenzenes)
26. Dichlorobenzidine
27. Dichloroethylenes (1,1-, and 1,2-dichloroethylene)
28. 2,4-dichlorophenol
29. Dichloropropane and dichloropropene
30. 2,4-dimethylphenol
31. Dinitrotoluene
32. Diphenylhydrazine
33. Endosulfan and metabolites
34. Endrin and metabolites \1\
35. Ethylbenzene
36. Fluoranthene
[[Page 9]]
37. Haloethers (other than those listed elsewhere; includes
chlorophenylphenyl ethers, bromophenylphenyl ether,
bis(dichloroisopropyl) ether, bis-(chloroethoxy) methane and
polychlorinated diphenyl ethers)
38. Halomethanes (other than those listed elsewhere; includes methylene
chloride, methylchloride, methylbromide, bromoform,
dichlorobromomethane
39. Heptachlor and metabolites
40. Hexachlorobutadiene
41. Hexachlorocyclohexane
42. Hexachlorocyclopentadiene
43. Isophorone
44. Lead and compounds
45. Mercury and compounds
46. Naphthalene
47. Nickel and compounds
48. Nitrobenzene
49. Nitrophenols (including 2,4-dinitrophenol, dinitrocresol)
50. Nitrosamines
51. Pentachlorophenol
52. Phenol
53. Phthalate esters
54. Polychlorinated biphenyls (PCBs) \1\
55. Polynuclear aromatic hydrocarbons (including benzanthracenes,
benzopyrenes, benzofluoranthene, chrysenes, dibenz-
anthracenes, and indenopyrenes)
56. Selenium and compounds
57. Silver and compounds
58. 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
59. Tetrachloroethylene
60. Thallium and compounds
61. Toluene
62. Toxaphene \1\
63. Trichloroethylene
64. Vinyl chloride
65. Zinc and compounds
[44 FR 44502, July 30, 1979, as amended at 46 FR 2266, Jan. 8, 1981; 46
FR 10724, Feb. 4, 1981]
Sec. 401.16 Conventional pollutants.
The following comprise the list of conventional pollutants
designated pursuant to section 304(a)(4) of the Act:
1. Biochemical oxygen demand (BOD)
2. Total suspended solids (nonfilterable) (TSS)
3. pH
4. Fecal coliform
5. Oil and grease
[44 FR 44503, July 30, 1979; 44 FR 52685, Sept. 10, 1979]
Sec. 401.17 pH Effluent limitations under continuous monitoring.
(a) Where a permittee continuously measures the pH of wastewater
pursuant to a requirement or option in a National Pollutant Discharge
Elimination System (NPDES) permit issued pursuant to section 402 of the
Act, the permittee shall maintain the pH of such wastewater within the
range set forth in the applicable effluent limitations guidelines,
except excursions from the range are permitted subject to the following
limitations:
(1) The total time during which the pH values are outside the
required range of pH values shall not exceed 7 hours and 26 minutes in
any calendar month; and
(2) No individual excursion from the range of pH values shall exceed
60 minutes.
(b) The Director, as defined in Sec. 122.3 of this chapter, may
adjust the requirements set forth in paragraph (a) of this section with
respect to the length of individual excursions from the range of pH
values, if a different period of time is appropriate based upon the
treatment system, plant configuration or other technical factors.
(c) For purposes of this section, an excursion is an unintentional
and temporary incident in which the pH value of discharge wastewater
exceeds the range set forth in the applicable effluent limitations
guidelines.
(Secs. 301, 304, 306 and 501 of the Clean Water Act (the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et. seq., as
amended by the Clean Water Act of 1977, Pub. L. 95-217))
[47 FR 24537, June 4, 1982]
PART 402--(RESERVED)
PART 403--GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
Sec.
403.1 Purpose and applicability.
403.2 Objective of general pretreatment regulations.
403.3 Definitions.
403.4 State or local law.
403.5 National pretreatment standards: Prohibited discharges.
403.6 National pretreatment standards: Categorical standards.
403.7 Removal credits.
403.8 Pretreatment Program Requirements: Development and Implementation
by POTW.
403.9 POTW pretreatment programs and/or authorization to revise
pretreatment standards: Submission for approval.
[[Page 10]]
403.10 Development and submission of NPDES State pretreatment programs.
403.11 Approval procedures for POTW pretreatment programs and POTW
granting of removal credits.
403.12 Reporting requirements for POTW's and industrial users.
403.13 Variances from categorical pretreatment standards for
fundamentally different factors.
403.14 Confidentiality.
403.15 Net/Gross calculation.
403.16 Upset provision.
403.17 Bypass.
403.18 Modification of POTW Pretreatment Programs.
Appendix A to Part 403--Program Guidance Memorandum
Appendix B to Part 403--[Reserved]
Appendix C to Part 403--[Reserved]
Appendix D to Part 403--Selected Industrial Subcategories Considered
Dilute For Purposes of the Combined Wastestream Formula
Appendix E to Part 403--Sampling Procedures
Appendix F [Reserved]
Appendix G to Part 403--Pollutants Eligible for a Removal Credit
Authority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub. L.
95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii), 301(b)(1)(A)(ii),
301(b)(2)(A)(ii), 301(b)(2)(C), 301(h)(5), 301(i)(2), 304(e), 304(g),
307, 308, 309, 402(b), 405 and 501(a) of the Federal Water Pollution
Control Act (Pub. L. 92-500) as amended by the Clean Water Act of 1977
and the Water Quality Act of 1987 (Pub. L. 100-4).
Source: 46 FR 9439, Jan. 28, 1981, unless otherwise noted.
Sec. 403.1 Purpose and applicability.
(a) This part implements sections 204(b)(1)(C), 208(b)(2) (C)(iii),
301(b)(1)(A)(ii), 301(b)(2) (A)(ii), 301(h)(5) and 301(i)(2), 304 (e)
and (g), 307, 308, 309, 402(b), 405, and 501(a) of the Federal Water
Pollution Control Act as amended by the Clean Water Act of 1977 (Pub. L.
95-217) or ``The Act''. It establishes responsibilities of Federal,
State, and local government, industry and the public to implement
National Pretreatment Standards to control pollutants which pass through
or interfere with treatment processes in Publicly Owned Treatment Works
(POTWs) or which may contaminate sewage sludge.
(b) This regulation applies:
(1) To pollutants from non-domestic sources covered by Pretreatment
Standards which are indirectly discharged into or transported by truck
or rail or otherwise introduced into POTWs as defined below in
Sec. 403.3;
(2) To POTWs which receive wastewater from sources subject to
National Pretreatment Standards;
(3) To States which have or are applying for National Pollutant
Discharge Elimination System (NPDES) programs approved in accordance
with section 402 of the Act; and
(4) To any new or existing source subject to Pretreatment Standards.
National Pretreatment Standards do not apply to sources which Discharge
to a sewer which is not connected to a POTW Treatment Plant.
[46 FR 9439, Jan. 28, 1981, as amended at 48 FR 2776, Jan. 21, 1983; 60
FR 33932, June 29, 1995]
Sec. 403.2 Objectives of general pretreatment regulations.
By establishing the responsibilities of government and industry to
implement National Pretreatment Standards this regulation fulfills three
objectives:
(a) To prevent the introduction of pollutants into POTWs which will
interfere with the operation of a POTW, including interference with its
use or disposal of municipal sludge;
(b) To prevent the introduction of pollutants into POTWs which will
pass through the treatment works or otherwise be incompatible with such
works; and
(c) To improve opportunities to recycle and reclaim municipal and
industrial wastewaters and sludges.
Sec. 403.3 Definitions.
For the purposes of this part:
(a) Except as discussed below, the general definitions,
abbreviations, and methods of analysis set forth in 40 CFR part 401
shall apply to this regulation.
(b) The term Act means Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(c) The term Approval Authority means the Director in an NPDES State
with an approved State pretreatment program and the appropriate Regional
Administrator in a non-NPDES State or NPDES State without an approved
State pretreatment program.
[[Page 11]]
(d) The term Approved POTW Pretreatment Program or Program or POTW
Pretreatment Program means a program administered by a POTW that meets
the criteria established in this regulation (Secs. 403.8 and 403.9) and
which has been approved by a Regional Administrator or State Director in
accordance with Sec. 403.11 of this regulation.
(e) The term Director means the chief administrative officer of a
State or Interstate water pollution control agency with an NPDES permit
program approved pursuant to section 402(b) of the Act and an approved
State pretreatment program.
(f) The term Water Management Division Director means one of the
Directors of the Water Management Divisions within the Regional offices
of the Environmental Protection Agency or this person's delegated
representative.
(g) The term Indirect Discharge or Discharge means the introduction
of pollutants into a POTW from any non-domestic source regulated under
section 307(b), (c) or (d) of the Act.
(h) The term Industrial User or User means a source of Indirect
Discharge.
(i) The term Interference means a Discharge which, alone or in
conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent State or local
regulations): Section 405 of the Clean Water Act, the Solid Waste
Disposal Act (SWDA) (including title II, more commonly referred to as
the Resource Conservation and Recovery Act (RCRA), and including State
regulations contained in any State sludge management plan prepared
pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research and
Sanctuaries Act.
(j) The term National Pretreatment Standard, Pretreatment Standard,
or Standard means any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with section 307 (b) and (c) of the
Act, which applies to Industrial Users. This term includes prohibitive
discharge limits established pursuant to Sec. 403.5.
(k)(1) The term New Source means any building, structure, facility
or installation from which there is or may be a Discharge of pollutants,
the construction of which commenced after the publication of proposed
Pretreatment Standards under section 307(c) of the Act which will be
applicable to such source if such Standards are thereafter promulgated
in accordance with that section, provided that:
(i) The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(ii) The building, structure, facility or installation totally
replaces the process or production equipment that causes the discharge
of pollutants at an existing source; or
(iii) The production or wastewater generating processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such 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 should be considered.
(2) Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of paragraphs (k)(1)(ii), or (k)(1)(iii) of this
section but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(i) Begun, or caused to begin as part of a continuous onsite
construction program:
(A) Any placement, assembly, or installation of facilities or
equipment; or
[[Page 12]]
(B) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or facilities
which is necessary for the placement, assembly, or installation of new
source facilities or equipment; or
(ii) Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or contracts
which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
(l) The terms NPDES Permit or Permit means a permit issued to a POTW
pursuant to section 402 of the Act.
(m) The term NPDES State means a State (as defined in 40 CFR 122.2)
or Interstate water pollution control agency with an NPDES permit
program approved pursuant to section 402(b) of the Act.
(n) The term Pass Through means a Discharge which exits the POTW
into waters of the United States in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or duration of a
violation).
(o) The term Publicly Owned Treatment Works or POTW means a
treatment works as defined by section 212 of the Act, which is owned by
a State or municipality (as defined by section 502(4) of the Act). This
definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. It also includes sewers, pipes and other
conveyances only if they convey wastewater to a POTW Treatment Plant.
The term also means the municipality as defined in section 502(4) of the
Act, which has jurisdiction over the Indirect Discharges to and the
discharges from such a treatment works.
(p) The term POTW Treatment Plant means that portion of the POTW
which is designed to provide treatment (including recycling and
reclamation) of municipal sewage and industrial waste.
(q) The term Pretreatment means the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater prior to or in lieu of
discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration may be obtained by physical, chemical or
biological processes, process changes or by other means, except as
prohibited by Sec. 403.6(d). Appropriate pretreatment technology
includes control equipment, such as equalization tanks or facilities,
for protection against surges or slug loadings that might interfere with
or otherwise be incompatible with the POTW. However, where wastewater
from a regulated process is mixed in an equalization facility with
unregulated wastewater or with wastewater from another regulated
process, the effluent from the equalization facility must meet an
adjusted pretreatment limit calculated in accordance with Sec. 403.6(e).
(r) The term Pretreatment requirements means any substantive or
procedural requirement related to Pretreatment, other than a National
Pretreatment Standard, imposed on an Industrial User.
(s) The term Regional Administrator means the appropriate EPA
Regional Administrator.
(t) Significant Industrial User. (1) Except as provided in paragraph
(t)(2) of this section, the term Significant Industrial User means:
(i) All industrial users subject to Categorical Pretreatment
Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
(ii) Any other industrial user that: discharges an average of 25,000
gallons per day or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewater);
contributes a process wastestream which makes up 5 percent or more of
the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or is designated as such by the Control Authority as
defined in 40 CFR 403.12(a) on the
[[Page 13]]
basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
(2) Upon a finding that an industrial user meeting the criteria in
paragraph (t)(1)(ii) of this section has no reasonable potential for
adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement, the Control Authority (as defined
in 40 CFR 403.12(a)) may at any time, on its own initiative or in
response to a petition received from an industrial user or POTW, and in
accordance with 40 CFR 403.8(f)(6), determine that such industrial user
is not a significant industrial user.
(u) The term Submission means:
(1) A request by a POTW for approval of a Pretreatment Program to
the EPA or a Director;
(2) A request by a POTW to the EPA or a Director for authority to
revise the discharge limits in categorical Pretreatment Standards to
reflect POTW pollutant removals; or
(3) A request to the EPA by an NPDES State for approval of its State
pretreatment program.
[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 5132, Feb. 10, 1984; 49
FR 28059, July 10, 1984; 51 FR 20430, June 4, 1986; 51 FR 23760, July 1,
1986; 52 FR 1600, Jan. 14, 1987; 53 FR 40610, Oct. 17, 1988; 55 FR
30129, July 24, 1990]
Sec. 403.4 State or local law.
Nothing in this regulation is intended to affect any Pretreatment
Requirements, including any standards or prohibitions, established by
State or local law as long as the State or local requirements are not
less stringent than any set forth in National Pretreatment Standards, or
any other requirements or prohibitions established under the Act or this
regulation. States with an NPDES permit program approved in accordance
with section 402 (b) and (c) of the Act, or States requesting NPDES
programs, are responsible for developing a State pretreatment program in
accordance with Sec. 403.10 of this regulation.
Sec. 403.5 National pretreatment standards: Prohibited discharges.
(a)(1) General prohibitions. A User may not introduce into a POTW
any pollutant(s) which cause Pass Through or Interference. These general
prohibitions and the specific prohibitions in paragraph (b) of this
section apply to each User introducing pollutants into a POTW whether or
not the User is subject to other National Pretreatment Standards or any
national, State, or local Pretreatment Requirements.
(2) Affirmative Defenses. A User shall have an affirmative defense
in any action brought against it alleging a violation of the general
prohibitions established in paragraph (a)(1) of this section and the
specific prohibitions in paragraphs (b)(3), (b)(4), (b)(5), (b)(6), and
(b)(7) of this section where the User can demonstrate that:
(i) It did not know or have reason to know that its Discharge, alone
or in conjunction with a discharge or discharges from other sources,
would cause Pass Through or Interference; and
(ii)(A) A local limit designed to prevent Pass Through and/or
Interference, as the case may be, was developed in accordance with
paragraph (c) of this section for each pollutant in the User's Discharge
that caused Pass Through or Interference, and the User was in compliance
with each such local limit directly prior to and during the Pass Through
or Interference; or
(B) If a local limit designed to prevent Pass Through and/or
Interference, as the case may be, has not been developed in accordance
with paragraph (c) of this section for the pollutant(s) that caused the
Pass Through or Interference, the User's Discharge directly prior to and
during the Pass Through or Interference did not change substantially in
nature or constituents from the User's prior discharge activity when the
POTW was regularly in compliance with the POTW's NPDES permit
requirements and, in the case of Interference, applicable requirements
for sewage sludge use or disposal.
(b) Specific prohibitions. In addition, the following pollutants
shall not be introduced into a POTW:
[[Page 14]]
(1) Pollutants which create a fire or explosion hazard in the POTW,
including, but not limited to, wastestreams with a closed cup flashpoint
of less than 140 degrees Farenheit or 60 degrees Centigrade using the
test methods specified in 40 CFR 261.21.
(2) Pollutants which will cause corrosive structural damage to the
POTW, but in no case Discharges with pH lower than 5.0, unless the works
is specifically designed to accommodate such Discharges;
(3) Solid or viscous pollutants in amounts which will cause
obstruction to the flow in the POTW resulting in Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.)
released in a Discharge at a flow rate and/or pollutant concentration
which will cause Interference with the POTW.
(5) Heat in amounts which will inhibit biological activity in the
POTW resulting in Interference, but in no case heat in such quantities
that the temperature at the POTW Treatment Plant exceeds 40 deg.C
(104 deg.F) unless the Approval Authority, upon request of the POTW,
approves alternate temperature limits.
(6) Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass
through;
(7) Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems;
(8) Any trucked or hauled pollutants, except at discharge points
designated by the POTW.
(c) When specific limits must be developed by POTW. (1) Each POTW
developing a POTW Pretreatment Program pursuant to Sec. 403.8 shall
develop and enforce specific limits to implement the prohibitions listed
in paragraphs (a)(1) and (b) of this section. Each POTW with an approved
pretreatment program shall continue to develop these limits as necessary
and effectively enforce such limits.
(2) All other POTW's shall, in cases where pollutants contributed by
User(s) result in Interference or Pass-Through, and such violation is
likely to recur, develop and enforce specific effluent limits for
Industrial User(s), and all other users, as appropriate, which, together
with appropriate changes in the POTW Treatment Plant's facilities or
operation, are necessary to ensure renewed and continued compliance with
the POTW's NPDES permit or sludge use or disposal practices.
(3) Specific effluent limits shall not be developed and enforced
without individual notice to persons or groups who have requested such
notice and an opportunity to respond.
(d) Local limits. Where specific prohibitions or limits on
pollutants or pollutant parameters are developed by a POTW in accordance
with paragraph (c) above, such limits shall be deemed Pretreatment
Standards for the purposes of section 307(d) of the Act.
(e) EPA enforcement actions under section 309(f) of the Clean Water
Act.
If, within 30 days after notice of an Interference or Pass Through
violation has been sent by EPA to the POTW, and to persons or groups who
have requested such notice, the POTW fails to commence appropriate
enforcement action to correct the violation, EPA may take appropriate
enforcement action under the authority provided in section 309(f) of the
Clean Water Act.
[46 FR 9439, Jan. 28, 1981, as amended at 51 FR 20430, June 4, 1986; 52
FR 1600, Jan. 14, 1987; 55 FR 30129, July 24, 1990; 60 FR 33932, June
29, 1995]
Sec. 403.6 National pretreatment standards: Categorical standards.
National pretreatment standards specifying quantities or
concentrations of pollutants or pollutant properties which may be
discharged to a POTW by existing or new industrial users in specific
industrial subcategories will be established as separate regulations
under the appropriate subpart of 40 CFR chapter I, subchapter N. These
standards, unless specifically noted otherwise, shall be in addition to
all applicable pretreatment standards and requirements set forth in this
part.
(a) Category Determination Request--(1) Application Deadline. Within
60 days after the effective date of a Pretreatment Standard for a
subcategory under which an Industrial User may be included, the
Industrial
[[Page 15]]
User or POTW may request that the Water Management Division Director or
Director, as appropriate, provide written certification on whether the
Industrial User falls within that particular subcategory. If an existing
Industrial User adds or changes a process or operation which may be
included in a subcategory, the existing Industrial User must request
this certification prior to commencing discharge from the added or
changed processes or operation. A New Source must request this
certification prior to commencing discharge. Where a request for
certification is submitted by a POTW, the POTW shall notify any affected
Industrial User of such submission. The Industrial User may provide
written comments on the POTW submission to the Water Management Division
Director or Director, as appropriate, within 30 days of notification.
(2) Contents of Application. Each request shall contain a statement:
(i) Describing which subcategories might be applicable; and
(ii) Citing evidence and reasons why a particular subcategory is
applicable and why others are not applicable. Any person signing the
application statement submitted pursuant to this section shall make the
following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
(3) Deficient requests. The Water Management Division Director or
Director will only act on written requests for determinations that
contain all of the information required. Persons who have made
incomplete submissions will be notified by the Water Management Division
Director or Director that their requests are deficient and, unless the
time period is extended, will be given 30 days to correct the
deficiency. If the deficiency is not corrected within 30 days or within
an extended period allowed by the Water Management Division Director or
the Director, the request for a determination shall be denied.
(4) Final decision. (i) When the Water Management Division Director
or Director receives a submittal he or she will, after determining that
it contains all of the information required by paragraph (2) of this
section, consider the submission, any additional evidence that may have
been requested, and any other available information relevant to the
request. The Water Management Division Director or Director will then
make a written determination of the applicable subcategory and state the
reasons for the determination.
(ii) Where the request is submitted to the Director, the Director
shall forward the determination described in this paragraph to the Water
Management Division Director who may make a final determination. The
Water Management Division Director may waive receipt of these
determinations. If the Water Management Division Director does not
modify the Director's decision within 60 days after receipt thereof, or
if the Water Management Division Director waives receipt of the
determination, the Director's decision is final.
(iii) Where the request is submitted by the Industrial User or POTW
to the Water Management Division Director or where the Water Management
Division Director elects to modify the Director's decision, the Water
Management Division Director's decision will be final.
(iv) The Water Management Division Director or Director, as
appropriate, shall send a copy of the determination to the affected
Industrial User and the POTW. Where the final determination is made by
the Water Management Division Director, he or she shall send a copy of
the determination to the Director.
(5) Requests for hearing and/or legal decision. Within 30 days
following the date of receipt of notice of the final determination as
provided for by paragraph (a)(4)(iv) of this section, the Requester may
submit a petition to reconsider or contest the decision to the Regional
Administrator who shall act
[[Page 16]]
on such petition expeditiously and state the reasons for his or her
determination in writing.
(b) Deadline for Compliance with Categorical Standards. Compliance
by existing sources with categorical Pretreatment Standards shall be
within 3 years of the date the Standard is effective unless a shorter
compliance time is specified in the appropriate subpart of 40 CFR
chapter I, subchapter N. Direct dischargers with NPDES permits modified
or reissued to provide a variance pursuant to section 301(i)(2) of the
Act shall be required to meet compliance dates set in any applicable
categorical Pretreatment Standard. Existing sources which become
Industrial Users subsequent to promulgation of an applicable categorical
Pretreatment Standard shall be considered existing Industrial Users
except where such sources meet the definition of a New Source as defined
in Sec. 403.3(k). New Sources shall install and have in operating
condition, and shall ``start-up'' all pollution control equipment
required to meet applicable Pretreatment Standards before beginning to
Discharge. Within the shortest feasible time (not to exceed 90 days),
New Sources must meet all applicable Pretreatment Standards.
(c)(1) Concentration and mass limits. Pollutant discharge limits in
categorical Pretreatment Standards will be expressed either as
concentration or mass limits. Wherever possible, where concentration
limits are specified in standards, equivalent mass limits will be
provided so that local, State or Federal authorities responsible for
enforcement may use either concentration or mass limits. Limits in
categorical Pretreatment Standards shall apply to the effluent of the
process regulated by the Standard, or as otherwise specified by the
standard.
(2) When the limits in a categorical Pretreatment Standard are
expressed only in terms of mass of pollutant per unit of production, the
Control Authority may convert the limits to equivalent limitations
expressed either as mass of pollutant discharged per day of effluent
concentration for purposes of calculating effluent limitations
applicable to individual Industrial Users.
(3) A Control Authority calculating equivalent mass-per-day
limitations under paragraph (c)(2) of this section shall calculate such
limitations by multiplying the limits in the Standard by the Industrial
User's average rate of production. This average rate of production shall
be based not upon the designed production capacity but rather upon a
reasonable measure of the Industrial User's actual long-term daily
production, such as the average daily production during a representative
year. For new sources, actual production shall be estimated using
projected production.
(4) A Control Authority calculating equivalent concentration
limitations under paragraph (c)(2) of this section shall calculate such
limitations by dividing the mass limitations derived under paragraph
(c)(3) of this section by the average daily flow rate of the Industrial
User's regulated process wastewater. This average daily flow rate shall
be based upon a reasonable measure of the Industrial User's actual long-
term average flow rate, such as the average daily flow rate during the
representative year.
(5) Equivalent limitations calculated in accordance with paragraphs
(c)(3) and (c)(4) of this section shall be deemed Pretreatment Standards
for the purposes of section 307(d) of the Act and this part. Industrial
Users will be required to comply with the equivalent limitations in lieu
of the promulgated categorical standards from which the equivalent
limitations were derived.
(6) Many categorical pretreatment standards specify one limit for
calculating maximum daily discharge limitations and a second limit for
calculating maximum monthly average, or 4-day average, limitations.
Where such Standards are being applied, the same production of flow
figure shall be used in calculating both types of equivalent
limitations.
(7) Any Industrial User operating under a control mechanism
incorporating equivalent mass or concentration limits calculated from a
production based standard shall notify the Control Authority within two
(2) business days after the User has a reasonable basis to know that the
production level will significantly change within the next
[[Page 17]]
calendar month. Any User not notifying the Control Authority of such
anticipated change will be required to meet the mass or concentration
limits in its control mechanism that were based on the original estimate
of the long term average production rate.
(d) Dilution Prohibited as Substitute for Treatment. Except where
expressly authorized to do so by an applicable Pretreatment Standard or
Requirement, no Industrial User shall ever increase the use of process
water, or in any other way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with a
Pretreatment Standard or Requirement. The Control Authority (as defined
in Sec. 403.12(a)) may impose mass limitations on Industrial Users which
are using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases where the imposition of mass limitations
is appropriate.
(e) Combined wastestream formula. Where process effluent is mixed
prior to treatment with wastewaters other than those generated by the
regulated process, fixed alternative discharge limits may be derived by
the Control Authority, as defined in Sec. 403.12(a), or by the
Industrial User with the written concurrence of the Control Authority.
These alternative limits shall be applied to the mixed effluent. When
deriving alternative categorical limits, the Control Authority or
Industrial User shall calculate both an alternative daily maximum value
using the daily maximum value(s) specified in the appropriate
categorical Pretreatment Standard(s) and an alternative consecutive
sampling day average value using the monthly average value(s) specified
in the appropriate categorical Pretreatment Standard(s). The Industrial
User shall comply with the alternative daily maximum and monthly average
limits fixed by the Control Authority until the Control Authority
modifies the limits or approves an Industrial User modification request.
Modification is authorized whenever there is a material or significant
change in the values used in the calculation to fix alternative limits
for the regulated pollutant. An Industrial User must immediately report
any such material or significant change to the Control Authority. Where
appropriate new alternative categorical limits shall be calculated
within 30 days.
(1) Alternative limit calculation. For purposes of these formulas,
the ``average daily flow'' means a reasonable measure of the average
daily flow for a 30-day period. For new sources, flows shall be
estimated using projected values. The alternative limit for a specified
pollutant will be derived by the use of either of the following
formulas:
(i) Alternative concentration limit.
where
CT=the alternative concentration limit for the combined
wastestream.
Ci=the categorical Pretreatment Standard concentration limit
for a pollutant in the regulated stream i.
Fi=the average daily flow (at least a 30-day average) of stream
i to the extent that it is regulated for such pollutant.
FD=the average daily flow (at least a 30-day average) from: (a)
Boiler blowdown streams, non-contact cooling streams, stormwater
streams, and demineralizer backwash streams; provided, however, that
where such streams contain a significant amount of a pollutant, and the
combination of such streams, prior to treatment, with an Industrial
User's regulated process wastestream(s) will result in a substantial
reduction of that pollutant, the Control Authority, upon application of
the Industrial User, may exercise its discretion to determine whether
such stream(s) should be classified as diluted or unregulated. In its
application to the Control Authority, the Industrial User must provide
engineering, production, sampling and analysis and such other
information so that the Control Authority can make its determination; or
(b) sanitary wastestreams where such streams are not regulated by a
Categorical Pretreatment Standard; or (c) from any process wastestreams
which were or could have been entirely exempted from categorical
Pretreatment Standards pursuant to paragraph 8 of the NRDC v. Costle
Consent Decree (12 ERC 1833) for one or more of the following reasons
(see appendix D of this part):
(1) The pollutants of concern are not detectable in the effluent
from the Industrial User (paragraph (8)(a)(iii));
[[Page 18]]
(2) The pollutants of concern are present only in trace amounts and
are neither causing nor likely to cause toxic effects (paragraph
(8)(a)(iii));
(3) The pollutants of concern are present in amounts too small to be
effectively reduced by technologies known to the Administrator
(paragraph (8)(a)(iii)); or
(4) The wastestream contains only pollutants which are compatible
with the POTW (paragraph (8)(b)(i)).
FT=The average daily flow (at least a 30-day average) through
the combined treatment facility (includes Fi, FD and
unregulated streams).
N=The total number of regulated streams.
(ii) Alternative mass limit.
where
MT=the alternative mass limit for a pollutant in the combined
wastestream.
Mi=the categorical Pretreatment Standard mass limit for a
pollutant in the regulated stream i (the categorical pretreatment mass
limit multiplied by the appropriate measure of production).
Fi=the average flow (at least a 30-day average) of stream i to
the extent that it is regulated for such pollutant.
FD=the average daily flow (at least a 30-day average) from: (a)
Boiler blowdown streams, non-contact cooling streams, stormwater
streams, and demineralizer backwash streams; provided, however, that
where such streams contain a significant amount of a pollutant, and the
combination of such streams, prior to treatment, with an Industrial
User's regulated process wastestream(s) will result in a substantial
reduction of that pollutant, the Control Authority, upon application of
the Industrial User, may exercise its discretion to determine whether
such stream(s) should be classified as diluted or unregulated. In its
application to the Control Authority, the Industrial User must provide
engineering, production, sampling and analysis and such other
information so that the Control Authority can make its determination; or
(b) sanitary wastestreams where such streams are not regulated by a
categorical Pretreatment Standard; or (c) from any process wastestreams
which were or could have been entirely exempted from categorical
Pretreatment Standards pursuant to paragraph 8 of the NRDC v. Costle
Consent Decree (12 ERC 1833) for one or more of the following reasons
(see appendix D of this part):
(1) The pollutants of concern are not detectable in the effluent
from the Industrial User (paragraph (8)(a)(iii));
(2) The pollutants of concern are present only in trace amounts and
are neither causing nor likely to cause toxic effects (paragraph
(8)(a)(iii));
(3) The pollutants of concern are present in amounts too small to be
effectively reduced by technologies known to the Administrator
(paragraph (8)(a)(iii)); or
(4) The wastestream contains only pollutants which are compatible
with the POTW (paragraph (8)(b)(i)).
FT=The average flow (at least a 30-day average) through the
combined treatment facility (includes Fi, FD and unregulated
streams).
N=The total number of regulated streams.
(2) Alternate limits below detection limit. An alternative
pretreatment limit may not be used if the alternative limit is below the
analytical detection limit for any of the regulated pollutants.
(3) Self-monitoring. Self-monitoring required to insure compliance
with the alternative categorical limit shall be conducted in accordance
with the requirements of Sec. 403.12(g).
(4) Choice of monitoring location. Where a treated regulated process
wastestream is combined prior to treatment with wastewaters other than
those generated by the regulated process, the Industrial User may
monitor either the segregated process wastestream or the combined
wastestream for the purpose of determining compliance with applicable
Pretreatment Standards. If the Industrial User chooses to monitor the
segregated process wastestream, it shall apply the applicable
categorical Pretreatment Standard. If the User chooses to monitor the
combined wastestream, it shall apply an alternative discharge limit
calculated using the combined wastestream formula as provided in this
section. The Industrial User may change monitoring points only after
receiving approval from the Control Authority. The Control Authority
shall ensure that any change in an Industrial User's monitoring point(s)
will not allow the User to substitute dilution for adequate treatment
[[Page 19]]
to achieve compliance with applicable Standards.
[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 21037, May 17, 1984; 49
FR 31224, Aug. 3, 1984; 51 FR 20430, June 4, 1986; 51 FR 23760, July 1,
1986; 53 FR 40610, Oct. 17, 1988; 55 FR 30129, July 24, 1990; 58 FR
18017, Apr. 7, 1993]
Sec. 403.7 Removal credits.
(a) Introduction--(1) Definitions. For the purpose of this section:
(i) Removal means a reduction in the amount of a pollutant in the
POTW's effluent or alteration of the nature of a pollutant during
treatment at the POTW. The reduction or alteration can be obtained by
physical, chemical or biological means and may be the result of
specifically designed POTW capabilities or may be incidental to the
operation of the treatment system. Removal as used in this subpart shall
not mean dilution of a pollutant in the POTW.
(ii) Sludge Requirements shall mean the following statutory
provisions and regulations or permits issued thereunder (or more
stringent State or local regulations): Section 405 of the Clean Water
Act; the Solid Waste Disposal Act (SWDA) (including title II more
commonly referred to as the Resource Conservation Recovery Act (RCRA)
and State regulations contained in any State sludge management plan
prepared pursuant to subtitle D of SWDA); the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research and
Sanctuaries Act.
(2) General. Any POTW receiving wastes from an Industrial User to
which a categorical Pretreatment Standard(s) applies may, at its
discretion and subject to the conditions of this section, grant removal
credits to reflect removal by the POTW of pollutants specified in the
categorical Pretreatment Standard(s). The POTW may grant a removal
credit equal to or, at its discretion, less than its consistent removal
rate. Upon being granted a removal credit, each affected Industrial User
shall calculate its revised discharge limits in accordance with
paragraph (a)(4) of this section. Removal credits may only be given for
indicator or surrogate pollutants regulated in a categorical
Pretreatment Standard if the categorical Pretreatment Standard so
specifies.
(3) Conditions for authorization to give removal credits. A POTW is
authorized to give removal credits only if the following conditions are
met:
(i) Application. The POTW applies for, and receives, authorization
from the Approval Authority to give a removal credit in accordance with
the requirements and procedures specified in paragraph (e) of this
section.
(ii) Consistent removal determination. The POTW demonstrates and
continues to achieve consistent removal of the pollutant in accordance
with paragraph (b) of this section.
(iii) POTW local pretreatment program. The POTW has an approved
pretreatment program in accordance with and to the extent required by
part 403; provided, however, a POTW which does not have an approved
pretreatment program may, pending approval of such a program,
conditionally give credits as provided in paragraph (d) of this section.
(iv) Sludge requirements. The granting of removal credits will not
cause the POTW to violate the local, State and Federal Sludge
Requirements which apply to the sludge management method chosen by the
POTW. Alternatively, the POTW can demonstrate to the Approval Authority
that even though it is not presently in compliance with applicable
Sludge Requirements, it will be in compliance when the Industrial
User(s) to whom the removal credit would apply is required to meet its
categorical Pretreatment Standard(s) as modified by the removal credit.
If granting removal credits forces a POTW to incur greater sludge
management costs than would be incurred in the absence of granting
removal credits, the additional sludge management costs will not be
eligible for EPA grant assistance. Removal credits may be made available
for the following pollutants.
(A) For any pollutant listed in appendix G section I of this part
for the use or disposal practice employed by the POTW, when the
requirements in 40 CFR part 503 for that practice are met.
(B) For any pollutant listed in appendix G section II of this part
for the use or disposal practice employed by the
[[Page 20]]
POTW when the concentration for a pollutant listed in appendix G section
II of this part in the sewage sludge that is used or disposed does not
exceed the concentration for the pollutant in appendix G section II of
this part.
(C) For any pollutant in sewage sludge when the POTW disposes all of
its sewage sludge in a municipal solid waste landfill unit that meets
the criteria in 40 CFR part 258.
(v) NPDES permit limitations. The granting of removal credits will
not cause a violation of the POTW's permit limitations or conditions.
Alternatively, the POTW can demonstrate to the Approval Authority that
even though it is not presently in compliance with applicable
limitations and conditions in its NPDES permit, it will be in compliance
when the Industrial User(s) to whom the removal credit would apply is
required to meet its categorical Pretreatment Standard(s), as modified
by the removal credit provision.
(4) Calculation of revised discharge limits. Revised discharge
limits for a specific pollutant shall be derived by use of the following
formula:
x
y= -------
l-r
where:
x=pollutant discharge limit specified in the applicable categorical
Pretreatment Standard
r=removal credit for that pollutant as established under paragraph (b)
of this section (percentage removal expressed as a proportion,
i.e., a number between 0 and 1)
y=revised discharge limit for the specified pollutant (expressed in same
units as x)
(b) Establishment of Removal Credits; Demonstration of Consistent
Removal--(1) Definition of Consistent Removal. ``Consistent Removal''
shall mean the average of the lowest 50 percent of the removal measured
according to paragraph (b)(2) of this section. All sample data obtained
for the measured pollutant during the time period prescribed in
paragraph (b)(2) of this section must be reported and used in computing
Consistent Removal. If a substance is measurable in the influent but not
in the effluent, the effluent level may be assumed to be the limit of
measurement, and those data may be used by the POTW at its discretion
and subject to approval by the Approval Authority. If the substance is
not measurable in the influent, the date may not be used. Where the
number of samples with concentrations equal to or above the limit of
measurement is between 8 and 12, the average of the lowest 6 removals
shall be used. If there are less than 8 samples with concentrations
equal to or above the limit of measurement, the Approval Authority may
approve alternate means for demonstrating Consistent Removal. The term
``measurement'' refers to the ability of the analytical method or
protocol to quantify as well as identify the presence of the substance
in question.
(2) Consistent Removal Data. Influent and effluent operational data
demonstrating Consistent Removal or other information, as provided for
in paragraph (b)(1) of this section, which demonstrates Consistent
Removal of the pollutants for which discharge limit revisions are
proposed. This data shall meet the following requirements:
(i) Representative Data; Seasonal. The data shall be representative
of yearly and seasonal conditions to which the POTW is subjected for
each pollutant for which a discharge limit revision is proposed.
(ii) Representative Data; Quality and Quantity. The data shall be
representative of the quality and quantity of normal effluent and
influent flow if such data can be obtained. If such data are
unobtainable, alternate data or information may be presented for
approval to demonstrate Consistent Removal as provided for in paragraph
(b)(1) of this section.
(iii) Sampling Procedures: Composite. (A) The influent and effluent
operational data shall be obtained through 24-hour flow-proportional
composite samples. Sampling may be done manually or automatically, and
discretely or continuously. For discrete sampling, at least 12 aliquots
shall be composited. Discrete sampling may be flow-proportioned either
by varying the time interval between each aliquot or the volume of each
aliquot. All composites must be flow-proportional to each stream flow at
time of collection of influent aliquot or to the total influent
[[Page 21]]
flow since the previous influent aliquot. Volatile pollutant aliquots
must be combined in the laboratory immediately before analysis.
(B)(1) Twelve samples shall be taken at approximately equal
intervals throughout one full year. Sampling must be evenly distributed
over the days of the week so as to include no-workdays as well as
workdays. If the Approval Authority determines that this schedule will
not be most representative of the actual operation of the POTW Treatment
Plant, an alternative sampling schedule will be approved.
(2) In addition, upon the Approval Authority's concurrence, a POTW
may utilize an historical data base amassed prior to the effective data
of this section provide that such data otherwise meet the requirements
of this paragraph. In order for the historical data base to be approved
it must present a statistically valid description of daily, weekly and
seasonal sewage treatment plant loadings and performance for at least
one year.
(C) Effluent sample collection need not be delayed to compensate for
hydraulic detention unless the POTW elects to include detention time
compensation or unless the Approval Authority requires detention time
compensation. The Approval Authority may require that each effluent
sample be taken approximately one detention time later than the
corresponding influent sample when failure to do so would result in an
unrepresentative portrayal of actual POTW operation. The detention
period is to be based on a 24-hour average daily flow value. The average
daily flow used will be based upon the average of the daily flows during
the same month of the previous year.
(iv) Sampling Procedures: Grab. Where composite sampling is not an
appropriate sampling technique, a grab sample(s) shall be taken to
obtain influent and effluent operational data. Collection of influent
grab samples should precede collection of effluent samples by
approximately one detention period. The detention period is to be based
on a 24-hour average daily flow value. The average daily flow used will
be based upon the average of the daily flows during the same month of
the previous year. Grab samples will be required, for example, where the
parameters being evaluated are those, such as cyanide and phenol, which
may not be held for any extended period because of biological, chemical
or physical interactions which take place after sample collection and
affect the results. A grab sample is an individual sample collected over
a period of time not exceeding 15 minutes.
(v) Analytical methods. The sampling referred to in paragraphs
(b)(2) (i) through (iv) of this section and an analysis of these samples
shall be performed in accordance with the techniques prescribed in 40
CFR part 136 and amendments thereto. Where 40 CFR part 136 does not
contain sampling or analytical techniques for the pollutant in question,
or where the Administrator determines that the part 136 sampling and
analytical techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the POTW or other parties, approved by
the Administrator.
(vi) Calculation of removal. All data acquired under the provisions
of this section must be submitted to the Approval Authority. Removal for
a specific pollutant shall be determined either, for each sample, by
measuring the difference between the concentrations of the pollutant in
the influent and effluent of the POTW and expressing the difference as a
percent of the influent concentration, or, where such data cannot be
obtained, Removal may be demonstrated using other data or procedures
subject to concurrence by the Approval Authority as provided for in
paragraph (b)(1) of this section.
(c) Provisional credits. For pollutants which are not being
discharged currently (i.e., new or modified facilities, or production
changes) the POTW may apply for authorization to give removal credits
prior to the initial discharge of the pollutant. Consistent removal
shall be based provisionally on data from treatability studies or
demonstrated removal at other treatment facilities
[[Page 22]]
where the quality and quantity of influent are similar. Within 18 months
after the commencement of discharge of pollutants in question,
consistent removal must be demonstrated pursuant to the requirements of
paragraph (b) of this section. If, within 18 months after the
commencement of the discharge of the pollutant in question, the POTW
cannot demonstrate consistent removal pursuant to the requirements of
paragraph (b) of this section, the authority to grant provisional
removal credits shall be terminated by the Approval Authority and all
Industrial Users to whom the revised discharge limits had been applied
shall achieve compliance with the applicable categorical Pretreatment
Standard(s) within a reasonable time, not to exceed the period of time
prescribed in the applicable categorical Pretreatment Standard(s), as
may be specified by the Approval Authority.
(d) Exception to POTW Pretreatment Program Requirement. A POTW
required to develop a local pretreatment program by Sec. 403.8 may
conditionally give removal credits pending approval of such a program in
accordance with the following terms and conditions:
(1) All Industrial Users who are currently subject to a categorical
Pretreatment Standard and who wish conditionally to receive a removal
credit must submit to the POTW the information required in
Sec. 403.12(b)(1) through (7) (except new or modified industrial users
must only submit the information required by Sec. 403.12(b)(1) through
(6)), pertaining to the categorical Pretreatment Standard as modified by
the removal credit. The Industrial Users shall indicate what additional
technology, if any, will be needed to comply with the categorical
Pretreatment Standard(s) as modified by the removal credit;
(2) The POTW must have submitted to the Approval Authority an
application for pretreatment program approval meeting the requirements
of Secs. 403.8 and 403.9 in a timely manner, not to exceed the time
limitation set forth in a compliance schedule for development of a
pretreatment program included in the POTW's NPDES permit, but in no case
later than July 1, 1983, where no permit deadline exists;
(3) The POTW must:
(i) Compile and submit data demonstrating its consistent removal in
accordance with paragraph (b) of this section;
(ii) Comply with the conditions specified in paragraph (a)(3) of
this section; and
(iii) Submit a complete application for removal credit authority in
accordance with paragraph (e) of this section;
(4) If a POTW receives authority to grant conditional removal
credits and the Approval Authority subsequently makes a final
determination, after appropriate notice, that the POTW failed to comply
with the conditions in paragraphs (d)(2) and (3) of this section, the
authority to grant conditional removal credits shall be terminated by
the Approval Authority and all --ndustrial Users to whom the revised
discharge limits had been applied shall achieve compliance with the
applicable categorical Pretreatment Standard(s) within a reasonable
time, not to exceed the period of time prescribed in the applicable
categorical Pretreatment Standard(s), as may be specified by the
Approval Authority.
(5) If a POTW grants conditional removal credits and the POTW or the
Approval Authority subsequently makes a final determination, after
appropriate notice, that the Industrial User(s) failed to comply with
the conditions in paragraph (d)(1) of this section, the conditional
credit shall be terminated by the POTW or the Approval Authority for the
non-complying Industrial User(s) and the Industrial User(s) to whom the
revised discharge limits had been applied shall achieve compliance with
the applicable categorical Pretreatment Standard(s) within a reasonable
time, not to exceed the period of time prescribed in the applicable
categorical Pretreatment Standard(s), as may be specified by the
Approval Authority. The conditional credit shall not be terminated where
a violation of the provisions of this paragraph results from causes
entirely outside of the control of the Industrial User(s) or the
Industrial User(s) had demonstrated substantial compliance.
(6) The Approval Authority may elect not to review an application
for conditional removal credit authority upon
[[Page 23]]
receipt of such application, in which case the conditionally revised
discharge limits will remain in effect until reviewed by the Approval
Authority. This review may occur at any time in accordance with the
procedures of Sec. 403.11, but in no event later than the time of any
pretreatment program approval or any NPDES permit reissuance thereunder.
(e) POTW application for authorization to give removal credits and
Approval Authority review--(1) Who must apply. Any POTW that wants to
give a removal credit must apply for authorization from the Approval
Authority.
(2) To whom application is made. An application for authorization to
give removal credits (or modify existing ones) shall be submitted by the
POTW to the Approval Authority.
(3) When to apply. A POTW may apply for authorization to give or
modify removal credits at any time.
(4) Contents of the Application. An application for authorization to
give removal credits must be supported by the following information:
(i) List of pollutants. A list of pollutants for which removal
credits are proposed.
(ii) Consistent Removal Data. The data required pursuant to
paragraph (b) of this section.
(iii) Calculation of revised discharge limits. Proposed revised
discharge limits for each affected subcategory of Industrial Users
calculated in accordance with paragraph (a)(4) of this section.
(iv) Local Pretreatment Program Certification. A certification that
the POTW has an approved local pretreatment program or qualifies for the
exception to this requirement found at paragraph (d) of this section.
(v) Sludge Management Certification. A specific description of the
POTW's current methods of using or disposing of its sludge and a
certification that the granting of removal credits will not cause a
violation of the sludge requirements identified in paragraph (a)(3)(iv)
of this section.
(vi) NPDES Permit Limit Certification. A certification that the
granting of removal credits will not cause a violation of the POTW's
NPDES permit limits and conditions as required in paragraph (a)(3)(v) of
this section.
(5) Approval Authority Review. The Approval Authority shall review
the POTW's application for authorization to give or modify removal
credits in accordance with the procedures of Sec. 403.11 and shall, in
no event, have more that 180 days from public notice of an application
to complete review.
(6) EPA review of State removal credit approvals. Where the NPDES
State has an approved pretreatment program, the Regional Administrator
may agree in the Memorandum of Agreement under 40 CFR 123.24(d) to waive
the right to review and object to submissions for authority to grant
removal credits. Such an agreement shall not restrict the Regional
Administrator's right to comment upon or object to permits issued to
POTW's except to the extent 40 CFR 123.24(d) allows such restriction.
(7) Nothing in these regulations precludes an Industrial User or
other interested party from assisting the POTW in preparing and
presenting the information necessary to apply for authorization.
(f) Continuation and withdrawal of authorization--(1) Effect of
authorization. (i) Once a POTW has received authorization to grant
removal credits for a particular pollutant regulated in a categorical
Pretreatment Standard it may automatically extend that removal credit to
the same pollutant when it is regulated in other categorical standards,
unless granting the removal credit will cause the POTW to violate the
sludge requirements identified in paragraph (a)(3)(iv) of this section
or its NPDES permit limits and conditions as required by paragraph
(a)(3)(v) of this section. If a POTW elects at a later time to extend
removal credits to a certain categorical Pretreatment Standard,
industrial subcategory or one or more Industrial Users that initially
were not granted removal credits, it must notify the Approval Authority.
(2) Inclusion in POTW permit. Once authority is granted, the removal
credits shall be included in the POTW's NPDES Permit as soon as possible
and shall become an enforceable requirement of the POTW's NPDES permit.
The removal credits will remain in effect for the term of the POTW's
NPDES permit, provided the POTW
[[Page 24]]
maintains compliance with the conditions specified in paragraph (f)(4)
of this section.
(3) Compliance monitoring. Following authorization to give removal
credits, a POTW shall continue to monitor and report on (at such
intervals as may be specified by the Approval Authority, but in no case
less than once per year) the POTW's removal capabilities. A minimum of
one representative sample per month during the reporting period is
required, and all sampling data must be included in the POTW's
compliance report.
(4) Modification or withdrawal of removal credits--(i) Notice of
POTW. The Approval Authority shall notify the POTW if, on the basis of
pollutant removal capability reports received pursuant to paragraph
(f)(3) of this section or other relevant information available to it,
the Approval Authority determines:
(A) That one or more of the discharge limit revisions made by the
POTW, of the POTW itself, no longer meets the requirements of this
section, or
(B) That such discharge limit revisions are causing a violation of
any conditions or limits contained in the POTW's NPDES Permit.
(ii) Corrective action. If appropriate corrective action is not
taken within a reasonable time, not to exceed 60 days unless the POTW or
the affected Industrial Users demonstrate that a longer time period is
reasonably necessary to undertake the appropriate corrective action, the
Approval Authority shall either withdraw such discharge limits or
require modifications in the revised discharge limits.
(iii) Public notice of withdrawal or modification. The Approval
Authority shall not withdraw or modify revised discharge limits unless
it shall first have notified the POTW and all Industrial Users to whom
revised discharge limits have been applied, and made public, in writing,
the reasons for such withdrawal or modification, and an opportunity is
provided for a hearing. Following such notice and withdrawal or
modification, all Industrial Users to whom revised discharge limits had
been applied, shall be subject to the modified discharge limits or the
discharge limits prescribed in the applicable categorical Pretreatment
Standards, as appropriate, and shall achieve compliance with such limits
within a reasonable time (not to exceed the period of time prescribed in
the applicable categorical Pretreatment Standard(s) as may be specified
by the Approval Authority.
(g) Removal credits in State-run pretreatment programs under
Sec. 403.10(e). Where an NPDES State with an approved pretreatment
program elects to implement a local pretreatment program in lieu or
requiring the POTW to develop such a program (as provided in
Sec. 403.10(e)), the POTW will not be required to develop a pretreatment
program as a precondition to obtaining authorization to give removal
credits. The POTW will, however, be required to comply with the other
conditions of paragraph (a)(3) of this section.
(h) Compensation for overflow. ``Overflow'' means the intentional or
unintentional diversion of flow from the POTW before the POTW Treatment
Plant. POTWs which at least once annually Overflow untreated wastewater
to receiving waters may claims Consistent Removal of a pollutant only by
complying with either paragraph (h)(1) of (h)(2) or this section.
However, this subsection shall not apply where Industrial User(s) can
demonstrate that Overflow does not occur between the Industrial User(s)
and the POTW Treatment Plant;
(1) The Industrial User provides containment or otherwise ceases or
reduces Discharges from the regulated processes which contain the
pollutant for which an allowance is requested during all circumstances
in which an Overflow event can reasonably be expected to occur at the
POTW or at a sewer to which the Industrial User is connected. Discharges
must cease or be reduced, or pretreatment must be increased, to the
extent necessary to compensate for the removal not being provided by the
POTW. Allowances under this provision will only be granted where the
POTW submits to the Approval Authority evidence that:
(i) All Industrial Users to which the POTW proposes to apply this
provision
[[Page 25]]
have demonstrated the ability to contain or otherwise cease or reduce,
during circumstances in which an Overflow event can reasonably be
expected to occur, Discharges from the regulated processes which contain
pollutants for which an allowance is requested;
(ii) The POTW has identified circumstances in which an Overflow
event can reasonably be expected to occur, and has a notification or
other viable plan to insure that Industrial Users will learn of an
impending Overflow in sufficient time to contain, cease or reduce
Discharging to prevent untreated Overflows from occurring. The POTW must
also demonstrate that it will monitor and verify the data required in
paragraph (h)(1)(iii) of this section, to insure that Industrial Users
are containing, ceasing or reducing operations during POTW System
Overflow; and
(iii) All Industrial Users to which the POTW proposes to apply this
provision have demonstrated the ability and commitment to collect and
make available, upon request by the POTW, State Director or EPA Regional
Administrator, daily flow reports or other data sufficient to
demonstrate that all Discharges from regulated processes containing the
pollutant for which the allowance is requested were contained, reduced
or otherwise ceased, as appropriate, during all circumstances in which
an Overflow event was reasonably expected to occur; or
(2)(i) The Consistent Removal claimed is reduced pursuant to the
following equation:
8760-Z
rc = r m -----------
8760
Where:
rm = POTW's Consistent Removal rate for that pollutant as
established under paragraphs (a)(1) and (b)(2) of this section
rc = removal corrected by the Overflow factor
Z = hours per year that Overflow occurred between the Industrial User(s)
and the POTW Treatment Plant, the hours either to be shown in
the POTW's current NPDES permit application or the hours, as
demonstrated by verifiable techniques, that a particular
Industrial User's Discharge Overflows between the Industrial
User and the POTW Treatment Plant; and
(ii) After July 1, 1983, Consistent Removal may be claimed only
where efforts to correct the conditions resulting in untreated
Discharges by the POTW are underway in accordance with the policy and
procedures set forth in ``PRM 75-34'' or ``Program Guidance Memorandum-
61'' (same document) published on December 16, 1975, by EPA Office of
Water Program Operations (WH-546). (See appendix A.) Revisions to
discharge limits in categorical Pretreatment Standards may not be made
where efforts have not been committed to by the POTW to minimize
pollution from Overflows. At minimum, by July 1, 1983, the POTW must
have completed the analysis required by PRM 75-34 and be making an
effort to implement the plan.
(iii) If, by July 1, 1983, a POTW has begun the PRM 75-34 analysis
but due to circumstances beyond its control has not completed it,
Consistent Removal, subject to the approval of the Approval Authority,
may continue to be claimed according to the formula in paragraph
(h)(2)(i) of this section as long as the POTW acts in a timely fashion
to complete the analysis and makes an effort to implement the non-
structural cost-effective measures identified by the analysis; and so
long as the POTW has expressed its willingness to apply, after
completing the analysis, for a construction grant necessary to implement
any other cost-effective Overflow controls identified in the analysis
should Federal funds become available, so applies for such funds, and
proceeds with the required construction in an expeditious manner. In
addition, Consistent Removal may, subject to the approval of the
Approval Authority, continue to be claimed according to the formula in
paragraph (h)(2)(i) of this section where the POTW has completed and the
Approval Authority has accepted the analysis required by PRM 75-34 and
the POTW has
[[Page 26]]
requested inclusion in its NPDES permit of an acceptable compliance
schedule providing for timely implementation of cost-effective measures
identified in the analysis. (In considering what is timely
implementation, the Approval Authority shall consider the availability
of funds, cost of control measures, and seriousness of the water quality
problem.)
[49 FR 31221, Aug. 3, 1984, as amended at 51 FR 20430, June 4, 1986; 53
FR 42435, Nov. 5, 1987; 58 FR 9386, Feb. 19, 1993; 58 FR 18017, Apr. 7,
1993]
Sec. 403.8 Pretreatment Program Requirements: Development and Implementation by POTW.
(a) POTWs required to develop a pretreatment program. Any POTW (or
combination of POTWs operated by the same authority) with a total design
flow greater than 5 million gallons per day (mgd) and receiving from
Industrial Users pollutants which Pass Through or Interfere with the
operation of the POTW or are otherwise subject to Pretreatment Standards
will be required to establish a POTW Pretreatment Program unless the
NPDES State exercises its option to assume local responsibilities as
provided for in Sec. 403.10(e). The Regional Administrator or Director
may require that a POTW with a design flow of 5 mgd or less develop a
POTW Pretreatment Program if he or she finds that the nature or volume
of the industrial influent, treatment process upsets, violations of POTW
effluent limitations, contamination of municipal sludge, or other
circumstances warrant in order to prevent Interference with the POTW or
Pass Through.
(b) Deadline for Program Approval. A POTW which meets the criteria
of paragraph (a) of this section must receive approval of a POTW
Pretreatment Program no later than 3 years after the reissuance or
modification of its existing NPDES permit but in no case later than July
1, 1983. POTWs whose NPDES permits are modified under section 301(h) of
the Act shall have a Pretreatment Program within three (3) years as
provided for in 40 CFR part 125, subpart G. POTWs identified after July
1, 1983 as being required to develop a POTW Pretreatment Program under
paragraph (a) of this section shall develop and submit such a program
for approval as soon as possible, but in no case later than one year
after written notification from the Approval Authority of such
identification. The POTW Pretreatment Program shall meet the criteria
set forth in paragraph (f) of this section and shall be administered by
the POTW to ensure compliance by Industrial Users with applicable
Pretreatment Standards and Requirements.
(c) Incorporation of approved programs in permits. A POTW may
develop an appropriate POTW pretreatment program any time before the
time limit set forth in paragraph (b) of this section. If the POTW is
located in a State which has an approved State permit program under
section 402 of the Act and an approved State pretreatment program in
accordance with Sec. 403.10, or if the POTW is located in a State which
does not have an approved permit program under section 402 of the Act,
the POTW's NPDES Permit will be reissued or modified by the NPDES State
or EPA, respectively, to incorporate the approved Program conditions as
enforceable conditions of the Permit. The modification of a POTW's NPDES
permit for the purposes of incorporating a POTW Pretreatment Program
approved in accordance with the procedures in Sec. 403.11 shall be
deemed a minor Permit modification subject to the procedures in 40 CFR
122.63.
(d) Incorporation of compliance schedules in permits. [Reserved].
(e) Cause for reissuance or modification of Permits. Under the
authority of section 402(b)(1)(C) of the Act, the Approval Authority may
modify, or alternatively, revoke and reissue a POTW's Permit in order
to:
(1) Put the POTW on a compliance schedule for the development of a
POTW Pretreatment Program where the addition of pollutants into a POTW
by an Industrial User or combination of Industrial Users presents a
substantial hazard to the functioning of the treatment works, quality of
the receiving waters, human health, or the environment;
[[Page 27]]
(2) Coordinate the issuance of a section 201 construction grant with
the incorporation into a permit of a compliance schedule for POTW
Pretreatment Program;
(3) Incorporate a modification of the permit approved under section
301(h) or 301(i) of the Act;
(4) Incorporate an approved POTW Pretreatment Program in the POTW
permit; or
(5) Incorporate a compliance schedule for the development of a POTW
pretreatment program in the POTW permit.
(6) Incorporate the removal credits (established under Sec. 403.7)
in the POTW permit.
(f) POTW pretreatment requirements. A POTW pretreatment program must
be based on the following legal authority and include the following
procedures. These authorities and procedures shall at all times be fully
and effectively exercised and implemented.
(1) Legal authority. The POTW shall operate pursuant to legal
authority enforceable in Federal, State or local courts, which
authorizes or enables the POTW to apply and to enforce the requirements
of sections 307 (b) and (c), and 402(b)(8) of the Act and any
regulations implementing those sections. Such authority may be contained
in a statute, ordinance, or series of contracts or joint powers
agreements which the POTW is authorized to enact, enter into or
implement, and which are authorized by State law. At a minimum, this
legal authority shall enable the POTW to:
(i) Deny or condition new or increased contributions of pollutants,
or changes in the nature of pollutants, to the POTW by Industrial Users
where such contributions do not meet applicable Pretreatment Standards
and Requirements or where such contributions would cause the POTW to
violate its NPDES permit;
(ii) Require compliance with applicable Pretreatment Standards and
Requirements by Industrial Users;
(iii) Control through permit, order, or similar means, the
contribution to the POTW by each Industrial User to ensure compliance
with applicable Pretreatment Standards and Requirements. In the case of
Industrial Users identified as significant under 40 CFR 403.3(t), this
control shall be achieved through permits or equivalent individual
control mechanisms issued to each such user. Such control mechanisms
must be enforceable and contain, at a minimum, the following conditions:
(A) Statement of duration (in no case more than five years);
(B) Statement of non-transferability without, at a minimum, prior
notification to the POTW and provision of a copy of the existing control
mechanism to the new owner or operator;
(C) Effluent limits based on applicable general pretreatment
standards in part 403 of this chapter, categorical pretreatment
standards, local limits, and State and local law;
(D) Self-monitoring, sampling, reporting, notification and
recordkeeping requirements, including an identification of the
pollutants to be monitored, sampling location, sampling frequency, and
sample type, based on the applicable general pretreatment standards in
part 403 of this chapter, categorical pretreatment standards, local
limits, and State and local law;
(E) Statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any applicable
compliance schedule. Such schedules may not extend the compliance date
beyond applicable federal deadlines.
(iv) Require (A) the development of a compliance schedule by each
Industrial User for the installation of technology required to meet
applicable Pretreatment Standards and Requirements and (B) the
submission of all notices and self-monitoring reports from Industrial
Users as are necessary to assess and assure compliance by Industrial
Users with Pretreatment Standards and Requirements, including but not
limited to the reports required in Sec. 403.12.
(v) Carry out all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by
Industrial Users, compliance or noncompliance with applicable
Pretreatment Standards and Requirements by Industrial Users.
Representatives of the POTW shall be authorized to enter any premises of
any Industrial User in which a Discharge
[[Page 28]]
source or treatment system is located or in which records are required
to be kept under Sec. 403.12(m) to assure compliance with Pretreatment
Standards. Such authority shall be at least as extensive as the
authority provided under section 308 of the Act;
(vi)(A) Obtain remedies for noncompliance by any Industrial User
with any Pretreatment Standard and Requirement. All POTW's shall be able
to seek injunctive relief for noncompliance by Industrial Users with
Pretreatment Standards and Requirements. All POTWs shall also have
authority to seek or assess civil or criminal penalties in at least the
amount of $1,000 a day for each violation by Industrial Users of
Pretreatment Standards and Requirements.
(B) Pretreatment requirements which will be enforced through the
remedies set forth in paragraph (f)(1)(vi)(A) of this section, will
include but not be limited to, the duty to allow or carry out
inspections, entry, or monitoring activities; any rules, regulations, or
orders issued by the POTW; any requirements set forth in individual
control mechanisms issued by the POTW; or any reporting requirements
imposed by the POTW or these regulations. The POTW shall have authority
and procedures (after informal notice to the discharger) immediately and
effectively to halt or prevent any discharge of pollutants to the POTW
which reasonably appears to present an imminent endangerment to the
health or welfare of persons. The POTW shall also have authority and
procedures (which shall include notice to the affected industrial users
and an opportunity to respond) to halt or prevent any discharge to the
POTW which presents or may present an endangerment to the environment or
which threatens to interfere with the operation of the POTW. The
Approval Authority shall have authority to seek judicial relief and may
also use administrative penalty authority when the POTW has sought a
monetary penalty which the Approval Authority believes to be
insufficient.
(vii) Comply with the confidentiality requirements set forth in
Sec. 403.14.
(2) Procedures. The POTW shall develop and implement procedures to
ensure compliance with the requirements of a Pretreatment Program. At a
minimum, these procedures shall enable the POTW to:
(i) Identify and locate all possible Industrial Users which might be
subject to the POTW Pretreatment Program. Any compilation, index or
inventory of Industrial Users made under this paragraph shall be made
available to the Regional Administrator or Director upon request;
(ii) Identify the character and volume of pollutants contributed to
the POTW by the Industrial Users identified under paragraph (f)(2)(i) of
this section. This information shall be made available to the Regional
Administrator or Director upon request;
(iii) Notify Industrial Users identified under paragraph (f)(2)(i)
of this section, of applicable Pretreatment Standards and any applicable
requirements under sections 204(b) and 405 of the Act and subtitles C
and D of the Resource Conservation and Recovery Act. Within 30 days of
approval pursuant to 40 CFR 403.8(f)(6), of a list of significant
industrial users, notify each significant industrial user of its status
as such and of all requirements applicable to it as a result of such
status.
(iv) Receive and analyze self-monitoring reports and other notices
submitted by Industrial Users in accordance with the self-monitoring
requirements in Sec. 403.12;
(v) Randomly sample and analyze the effluent from industrial users
and conduct surveillance activities in order to identify, independent of
information supplied by industrial users, occasional and continuing
noncompliance with pretreatment standards. Inspect and sample the
effluent from each Significant Industrial User at least once a year.
Evaluate, at least once every two years, whether each such Significant
Industrial User needs a plan to control slug discharges. For purposes of
this subsection, a slug discharge is any discharge of a non-routine,
episodic nature, including but not limited to an accidental spill or a
non-customary batch discharge. The results of such activities shall be
available to the Approval Authority upon request. If the POTW decides
that a slug control plan is needed, the plan shall contain, at a
minimum, the following elements:
[[Page 29]]
(A) Description of discharge practices, including non-routine batch
discharges;
(B) Description of stored chemicals;
(C) Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a prohibition
under 40 CFR 403.5(b), with procedures for follow-up written
notification within five days;
(D) If necessary, procedures to prevent adverse impact from
accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and/or measures and equipment
for emergency response;
(vi) Investigate instances of noncompliance with Pretreatment
Standards and Requirements, as indicated in the reports and notices
required under Sec. 403.12, or indicated by analysis, inspection, and
surveillance activities described in paragraph (f)(2)(v) of this
section. Sample taking and analysis and the collection of other
information shall be performed with sufficient care to produce evidence
admissible in enforcement proceedings or in judicial actions; and
(vii) Comply with the public participation requirements of 40 CFR
part 25 in the enforcement of national pretreatment standards. These
procedures shall include provision for at least annual public
notification, in the largest daily newspaper published in the
municipality in which the POTW is located, of industrial users which, at
any time during the previous twelve months, were in significant
noncompliance with applicable pretreatment requirements. For the
purposes of this provision, an industrial user is in significant
noncompliance if its violation meets one or more of the following
criteria:
(A) Chronic violations of wastewater discharge limits, defined here
as those in which sixty-six percent or more of all of the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter;
(B) Technical Review Criteria (TRC) violations, defined here as
those in which thirty-three percent or more of all of the measurements
for each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and
grease, and 1.2 for all other pollutants except pH.
(C) Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the Control Authority determines
has caused, alone or in combination with other discharges, interference
or pass through (including endangering the health of POTW personnel or
the general public);
(D) Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or has
resulted in the POTW's exercise of its emergency authority under
paragraph (f)(1)(vi)(B) of this section to halt or prevent such a
discharge;
(E) Failure to meet, within 90 days after the schedule date, a
compliance schedule milestone contained in a local control mechanism or
enforcement order for starting construction, completing construction, or
attaining final compliance;
(F) Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, 90-day compliance reports,
periodic self-monitoring reports, and reports on compliance with
compliance schedules;
(G) Failure to accurately report noncompliance;
(H) Any other violation or group of violations which the Control
Authority determines will adversely affect the operation or
implementation of the local pretreatment program.
(3) Funding. The POTW shall have sufficient resources and qualified
personnel to carry out the authorities and procedures described in
paragraphs (f) (1) and (2) of this section. In some limited
circumstances, funding and personnel may be delayed where (i) the POTW
has adequate legal authority and procedures to carry out the
[[Page 30]]
Pretreatment Program requirements described in this section, and (ii) a
limited aspect of the Program does not need to be implemented
immediately (see Sec. 403.9(b)).
(4) Local limits. The POTW shall develop local limits as required in
Sec. 403.5(c)(1), or demonstrate that they are not necessary.
(5) The POTW shall develop and implement an enforcement response
plan. This plan shall contain detailed procedures indicating how a POTW
will investigate and respond to instances of industrial user
noncompliance. The plan shall, at a minimum:
(i) Describe how the POTW will investigate instances of
noncompliance;
(ii) Describe the types of escalating enforcement responses the POTW
will take in response to all anticipated types of industrial user
violations and the time periods within which responses will take place;
(iii) Identify (by title) the official(s) responsible for each type
of response;
(iv) Adequately reflect the POTW's primary responsibility to enforce
all applicable pretreatment requirements and standards, as detailed in
40 CFR 403.8 (f)(1) and (f)(2).
(6) The POTW shall prepare a list of its industrial users meeting
the criteria in 40 CFR 403.3(t)(1). The list shall identify the criteria
in 40 CFR 403.3(t)(1) applicable to each industrial user and, for
industrial users meeting the criteria in 40 CFR 403.3(t)(1)(ii), shall
also indicate whether the POTW has made a determination pursuant to 40
CFR 403.3(t)(2) that such industrial user should not be considered a
significant industrial user. This list, and any subsequent modifications
thereto, shall be submitted to the Approval Authority as a
nonsubstantial program modification pursuant to 40 CFR 403.18(b)(2).
Discretionary designations or de-designations by the Control Authority
shall be deemed to be approved by the Approval Authority 90 days after
submission of the list or modifications thereto, unless the Approval
Authority determines that a modification is in fact a substantial
modification.
[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 31224, Aug. 3, 1984; 51
FR 20429, 20430, June 4, 1986; 51 FR 23759, July 1, 1986; 53 FR 40612,
Oct. 17, 1988; 55 FR 30129, July 24, 1990; 58 FR 18017, Apr. 7, 1993; 60
FR 33932, June 29, 1995]
Sec. 403.9 POTW pretreatment programs and/or authorization to revise pretreatment standards: Submission for approval.
(a) Who approves Program. A POTW requesting approval of a POTW
Pretreatment Program shall develop a program description which includes
the information set forth in paragraphs (b)(1) through (4) of this
section. This description shall be submitted to the Approval Authority
which will make a determination on the request for program approval in
accordance with the procedures described in Sec. 403.11.
(b) Contents of POTW program submission. The program description
must contain the following information:
(1) A statement from the City Solicitor or a city official acting in
a comparable capacity (or the attorney for those POTWs which have
independent legal counsel) that the POTW has authority adequate to carry
out the programs described in Sec. 403.8. This statement shall:
(i) Identify the provision of the legal authority under
Sec. 403.8(f)(1) which provides the basis for each procedure under
Sec. 403.8(f)(2);
(ii) Identify the manner in which the POTW will implement the
program requirements set forth in Sec. 403.8, including the means by
which Pretreatment Standards will be applied to individual Industrial
Users (e.g., by order, permit, ordinance, etc.); and,
(iii) Identify how the POTW intends to ensure compliance with
Pretreatment Standards and Requirements, and to enforce them in the
event of noncompliance by Industrial Users;
(2) A copy of any statutes, ordinances, regulations, agreements, or
other authorities relied upon by the POTW for its administration of the
[[Page 31]]
Program. This Submission shall include a statement reflecting the
endorsement or approval of the local boards or bodies responsible for
supervising and/or funding the POTW Pretreatment Program if approved;
(3) A brief description (including organization charts) of the POTW
organization which will administer the Pretreatment Program. If more
than one agency is responsible for administration of the Program the
responsible agencies should be identified, their respective
responsibilities delineated, and their procedures for coordination set
forth; and
(4) A description of the funding levels and full- and part-time
manpower available to implement the Program;
(c) Conditional POTW program approval. The POTW may request
conditional approval of the Pretreatment Program pending the acquisition
of funding and personnel for certain elements of the Program. The
request for conditional approval must meet the requirements set forth in
paragraph (b) of this section except that the requirements of paragraph
(b) of this section, may be relaxed if the Submission demonstrates that:
(1) A limited aspect of the Program does not need to be implemented
immediately;
(2) The POTW had adequate legal authority and procedures to carry
out those aspects of the Program which will not be implemented
immediately; and
(3) Funding and personnel for the Program aspects to be implemented
at a later date will be available when needed. The POTW will describe in
the Submission the mechanism by which this funding will be acquired.
Upon receipt of a request for conditional approval, the Approval
Authority will establish a fixed date for the acquisition of the needed
funding and personnel. If funding is not acquired by this date, the
conditional approval of the POTW Pretreatment Program and any removal
allowances granted to the POTW, may be modified or withdrawn.
(d) Content of removal allowance submission. The request for
authority to revise categorical Pretreatment Standards must contain the
information required in Sec. 403.7(d).
(e) Approval authority action. Any POTW requesting POTW Pretreatment
Program approval shall submit to the Approval Authority three copies of
the Submission described in paragraph (b), and if appropriate, (d) of
this section. Within 60 days after receiving the Submission, the
Approval Authority shall make a preliminary determination of whether the
Submission meets the requirements of paragraph (b) and, if appropriate,
(d) of this section. If the Approval Authority makes the preliminary
determination that the Submission meets these requirements, the Approval
Authority shall:
(1) Notify the POTW that the Submission has been received and is
under review; and
(2) Commence the public notice and evaluation activities set forth
in Sec. 403.11.
(f) Notification where submission is defective. If, after review of
the Submission as provided for in paragraph (e) of this section, the
Approval Authority determines that the Submission does not comply with
the requirements of paragraph (b) or (c) of this section, and, if
appropriate, paragraph (d), of this section, the Approval Authority
shall provide notice in writing to the applying POTW and each person who
has requested individual notice. This notification shall identify any
defects in the Submission and advise the POTW and each person who has
requested individual notice of the means by which the POTW can comply
with the applicable requirements of paragraphs (b), (c) of this section,
and, if appropriate, paragraph (d) of this section.
(g) Consistency with water quality management plans. (1) In order to
be approved the POTW Pretreatment Program shall be consistent with any
approved water quality management plan developed in accordance with 40
CFR parts 130, 131, as revised, where such 208 plan includes Management
Agency designations and addresses pretreatment in a manner consistent
with 40 CFR part 403. In order to assure such consistency the Approval
Authority shall solicit the review and comment of the appropriate 208
Planning Agency during the public comment period provided for in
Sec. 403.11(b)(1)(ii) prior to approval or disapproval of the Program.
[[Page 32]]
(2) Where no 208 plan has been approved or where a plan has been
approved but lacks Management Agency designations and/or does not
address pretreatment in a manner consistent with this regulation, the
Approval Authority shall nevertheless solicit the review and comment of
the appropriate 208 planning agency.
[53 FR 9439, Jan. 28, 1981, as amended at 53 FR 40612, Oct. 17, 1988; 58
FR 18017, Apr. 7, 1993]
Sec. 403.10 Development and submission of NPDES State pretreatment programs.
(a) Approval of State Programs. No State NPDES program shall be
approved under section 402 of the Act after the effective date of these
regulations unless it is determined to meet the requirements of
paragraph (f) of this section. Notwithstanding any other provision of
this regulation, a State will be required to act upon those authorities
which it currently possesses before the approval of a State Pretreatment
Program.
(b) [Reserved]
(c) Failure to request approval. Failure of an NPDES State with a
permit program approved under section 402 of the Act prior to December
27, 1977, to seek approval of a State Pretreatment Program and failure
of an approved State to administer its State Pretreatment Program in
accordance with the requirements of this section constitutes grounds for
withdrawal of NPDES program approval under section 402(c)(3) of the Act.
(d) [Reserved]
(e) State Program in lieu of POTW Program. Notwithstanding the
provision of Sec. 403.8(a), a State with an approved Pretreatment
Program may assume responsibility for implementing the POTW Pretreatment
Program requirements set forth in Sec. 403.8(f) in lieu of requiring the
POTW to develop a Pretreatment Program. However, this does not preclude
POTW's from independently developing Pretreatment Programs.
(f) State Pretreatment Program requirements. In order to be
approved, a request for State Pretreatment Program Approval must
demonstrate that the State Pretreatment Program has the following
elements:
(1) Legal authority. The Attorney General's Statement submitted in
accordance with paragraph (g)(1)(i) of this section shall certify that
the Director has authority under State law to operate and enforce the
State Pretreatment Program to the extent required by this part and by 40
CFR 123.27. At a minimum, the Director shall have the authority to:
(i) Incorporate POTW Pretreatment Program conditions into permits
issued to POTW's; require compliance by POTW's with these incorporated
permit conditions; and require compliance by Industrial Users with
Pretreatment Standards;
(ii) Ensure continuing compliance by POTW's with pretreatment
conditions incorporated into the POTW Permit through review of
monitoring reports submitted to the Director by the POTW in accordance
with Sec. 403.12 and ensure continuing compliance by Industrial Users
with Pretreatment Standards through the review of self-monitoring
reports submitted to the POTW or to the Director by the Industrial Users
in accordance with Sec. 403.12;
(iii) Carry out inspection, surveillance and monitoring procedures
which will determine, independent of information supplied by the POTW,
compliance or noncompliance by the POTW with pretreatment conditions
incorporated into the POTW Permit; and carry out inspection,
surveillance and monitoring procedures which will determine, independent
of information supplied by the Industrial User, whether the Industrial
User is in compliance with Pretreatment Standards;
(iv) Seek civil and criminal penalties, and injunctive relief, for
noncompliance by the POTW with pretreatment conditions incorporated into
the POTW Permit and for noncompliance with Pretreatment Standards by
Industrial Users as set forth in Sec. 403.8(f)(1)(vi). The Director
shall have authority to seek judicial relief for noncompliance by
Industrial Users even when the POTW has acted to seek such relief (e.g.,
if the POTW has sought a penalty which the Director finds to be
insufficient);
[[Page 33]]
(v) Approve and deny requests for approval of POTW Pretreatment
Programs submitted by a POTW to the Director;
(vi) Deny and recommend approval of (but not approve) requests for
Fundamentally Different Factors variances submitted by Industrial Users
in accordance with the criteria and procedures set forth in Sec. 403.13;
and
(vii) Approve and deny requests for authority to modify categorical
Pretreatment Standards to reflect removals achieved by the POTW in
accordance with the criteria and procedures set forth in Secs. 403.7,
403.9 and 403.11.
(2) Procedures. The Director shall have developed procedures to
carry out the requirements of sections 307 (b) and (c), and 402(b)(1),
402(b)(2), 402(b)(8), and 402(b)(9) of the Act. At a minimum, these
procedures shall enable the Director to:
(i) Identify POTW's required to develop Pretreatment Programs in
accordance with Sec. 403.8(a) and notify these POTW's of the need to
develop a POTW Pretreatment Program. In the absence of a POTW
Pretreatment Program, the State shall have procedures to carry out the
activities set forth in Sec. 403.8(f)(2);
(ii) Provide technical and legal assistance to POTW's in developing
Pretreatment Programs;
(iii) Develop compliance schedules for inclusion in POTW Permits
which set forth the shortest reasonable time schedule for the completion
of tasks needed to implement a POTW Pretreatment Program. The final
compliance date in these schedules shall be no later than July 1, 1983;
(iv) Sample and analyze:
(A) Influent and effluent of the POTW to identify, independent of
information supplied by the POTW, compliance or noncompliance with
pollutant removal levels set forth in the POTW permit (see Sec. 403.7);
and
(B) The contents of sludge from the POTW and methods of sludge
disposal and use to identify, independent of information supplied by the
POTW, compliance or noncompliance with requirements applicable to the
selected method of sludge management;
(v) Investigate evidence of violations of pretreatment conditions
set forth in the POTW Permit by taking samples and acquiring other
information as needed. This data acquisition shall be performed with
sufficient care as to produce evidence admissible in an enforcement
proceeding or in court;
(vi) Review and approve requests for approval of POTW Pretreatment
Programs and authority to modify categorical Pretreatment Standards
submitted by a POTW to the Director; and
(vii) Consider requests for Fundamentally Different Factors
variances submitted by Industrial Users in accordance with the criteria
and procedures set forth in Sec. 403.13.
(3) Funding. The Director shall assure that funding and qualified
personnel are available to carry out the authorities and procedures
described in paragraphs (f)(1) and (2) of this section.
(g) Content of State Pretreatment Program submission. The request
for State Pretreatment Program approval will consist of:
(1)(i) A statement from the State Attorney General (or the Attorney
for those State agencies which have independent legal counsel) that the
laws of the State provide adequate authority to implement the
requirements of this part. The authorities cited by the Attorney General
in this statement shall be in the form of lawfully adopted State
statutes or regulations which shall be effective by the time of approval
of the State Pretreatment Program; and
(ii) Copies of all State statutes and regulations cited in the above
statement;
(iii) States with approved Pretreatment Programs shall establish
Pretreatment regulations by November 16, 1989, unless the State would be
required to enact or amend statutory provision, in which case, such
regulations must be established by November 16, 1990.
(2) A description of the funding levels and full- and part-time
personnel available to implement the program; and
(3) Any modifications or additions to the Memorandum of Agreement
(required by 40 CFR 123.24) which may be necessary for EPA and the State
to implement the requirements of this part.
[[Page 34]]
(h) EPA Action. Any approved NPDES State requesting State
Pretreatment Program approval shall submit to the Regional Administrator
three copies of the Submission described in paragraph (g) of this
section. Upon a preliminary determination that the Submission meets the
requirements of paragraph (g) the Regional Administrator shall:
(1) Notify the Director that the Submission has been received and is
under review; and
(2) Commence the program revision process set out in 40 CFR 123.62.
For purposes of that section all requests for approval of State
Pretreatment Programs shall be deemed substantial program modifications.
A comment period of at least 30 days and the opportunity for a hearing
shall be afforded the public on all such proposed program revisions.
(i) Notification where submission is defective. If, after review of
the Submission as provided for in paragraph (h) of this section, EPA
determines that the Submission does not comply with the requirements of
paragraph (f) or (g) of this section EPA shall so notify the applying
NPDES State in writing. This notification shall identify any defects in
the Submission and advise the NPDES State of the means by which it can
comply with the requirements of this part.
[46 FR 9439, Jan. 28, 1981, as amended at 51 FR 20429, June 4, 1986; 53
FR 40612, Oct. 17, 1988; 55 FR 30131, July 24, 1990; 58 FR 18017, Apr.
7, 1993; 60 FR 33932, June 29, 1995]
Sec. 403.11 Approval procedures for POTW pretreatment programs and POTW granting of removal credits.
The following procedures shall be adopted in approving or denying
requests for approval of POTW Pretreatment Programs and applications for
removal credit authorization:
(a) Deadline for review of submission. The Approval Authority shall
have 90 days from the date of public notice of any Submission complying
with the requirements of Sec. 403.9(b) and, where removal credit
authorization is sought with Secs. 403.7(e) and 403.9(d), to review the
Submission. The Approval Authority shall review the Submission to
determine compliance with the requirements of Sec. 403.8 (b) and (f),
and, where removal credit authorization is sought, with Sec. 403.7. The
Approval Authority may have up to an additional 90 days to complete the
evaluation of the Submission if the public comment period provided for
in paragraph (b)(1)(ii) of this section is extended beyond 30 days or if
a public hearing is held as provided for in paragraph (b)(2) of this
section. In no event, however, shall the time for evaluation of the
Submission exceed a total of 180 days from the date of public notice of
a Submission meeting the requirements of Sec. 403.9(b) and, in the case
of a removal credit application, Secs. 403.7(e) and 403.9(b).
(b) Public notice and opportunity for hearing. Upon receipt of a
Submission the Approval Authority shall commence its review. Within 20
work days after making a determination that a Submission meets the
requirements of Sec. 403.9(b) and, where removal allowance approval is
sought, Secs. 403.7(d) and 403.9(d), the Approval Authority shall:
(1) Issue a public notice of request for approval of the Submission;
(i) This public notice shall be circulated in a manner designed to
inform interested and potentially interested persons of the Submission.
Procedures for the circulation of public notice shall include:
(A) Mailing notices of the request for approval of the Submission to
designated 208 planning agencies, Federal and State fish, shellfish, and
wildlife resource agencies; and to any other person or group who has
requested individual notice, including those on appropriate mailing
lists; and
(B) Publication of a notice of request for approval of the
Submission in the largest daily newspaper within the jurisdiction(s)
served by the POTW.
(ii) The public notice shall provide a period of not less than 30
days following the date of the public notice during which time
interested persons may submit their written views on the Submission.
(iii) All written comments submitted during the 30 day comment
period shall be retained by the Approval Authority and considered in the
decision on whether or not to approve the Submission. The period for
comment may be extended at the discretion of the Approval Authority; and
[[Page 35]]
(2) Provide an opportunity for the applicant, any affected State,
any interested State or Federal agency, person or group of persons to
request a public hearing with respect to the Submission.
(i) This request for public hearing shall be filed within the 30 day
(or extended) comment period described in paragraph (b)(1)(ii) of this
section and shall indicate the interest of the person filing such
request and the reasons why a hearing is warranted.
(ii) The Approval Authority shall hold a hearing if the POTW so
requests. In addition, a hearing will be held if there is a significant
public interest in issues relating to whether or not the Submission
should be approved. Instances of doubt should be resolved in favor of
holding the hearing.
(iii) Public notice of a hearing to consider a Submission and
sufficient to inform interested parties of the nature of the hearing and
the right to participate shall be published in the same newspaper as the
notice of the original request for approval of the Submission under
paragraph (b)(1)(i)(B) of this section. In addition, notice of the
hearing shall be sent to those persons requesting individual notice.
(c) Approval authority decision. At the end of the 30 day (or
extended) comment period and within the 90 day (or extended) period
provided for in paragraph (a) of this section, the Approval Authority
shall approve or deny the Submission based upon the evaluation in
paragraph (a) of this section and taking into consideration comments
submitted during the comment period and the record of the public
hearing, if held. Where the Approval Authority makes a determination to
deny the request, the Approval Authority shall so notify the POTW and
each person who has requested individual notice. This notification shall
include suggested modifications and the Approval Authority may allow the
requestor additional time to bring the Submission into compliance with
applicable requirements.
(d) EPA objection to Director's decision. No POTW pretreatment
program or authorization to grant removal allowances shall be approved
by the Director if following the 30 day (or extended) evaluation period
provided for in paragraph (b)(1)(ii) of this section and any hearing
held pursuant to paragraph (b)(2) of this section the Regional
Administrator sets forth in writing objections to the approval of such
Submission and the reasons for such objections. A copy of the Regional
Administrator's objections shall be provided to the applicant, and each
person who has requested individual notice. The Regional Administrator
shall provide an opportunity for written comments and may convene a
public hearing on his or her objections. Unless retracted, the Regional
Administrator's objections shall constitute a final ruling to deny
approval of a POTW pretreatment program or authorization to grant
removal allowances 90 days after the date the objections are issued.
(e) Notice of decision. The Approval Authority shall notify those
persons who submitted comments and participated in the public hearing,
if held, of the approval or disapproval of the Submission. In addition,
the Approval Authority shall cause to be published a notice of approval
or disapproval in the same newspapers as the original notice of request
for approval of the Submission was published. The Approval Authority
shall identify in any notice of POTW Pretreatment Program approval any
authorization to modify categorical Pretreatment Standards which the
POTW may make, in accordance with Sec. 403.7, for removal of pollutants
subject to Pretreatment Standards.
(f) Public access to submission. The Approval Authority shall ensure
that the Submission and any comments upon such Submission are available
to the public for inspection and copying.
[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 31224, Aug. 3, 1984; 51
FR 20429, June 4, 1986; 53 FR 40613, Oct. 17, 1988]
Sec. 403.12 Reporting requirements for POTW's and industrial users.
(a) Definition. The term Control Authority as it is used in this
section refers to: (1) The POTW if the POTW's Submission for its
pretreatment program (Sec. 403.3(t)(1)) has been approved in accordance
with the requirements of Sec. 403.11; or (2) the Approval Authority if
the Submission has not been approved.
[[Page 36]]
(b) Reporting requirements for industrial users upon effective date
of categorical pretreatment standard--baseline report. Within 180 days
after the effective date of a categorical Pretreatment Standard, or 180
days after the final administrative decision made upon a category
determination submission under Sec. 403.6(a)(4), whichever is later,
existing Industrial Users subject to such categorical Pretreatment
Standards and currently discharging to or scheduled to discharge to a
POTW shall be required to submit to the Control Authority a report which
contains the information listed in paragraphs (b)(1)-(7) of this
section. At least 90 days prior to commencement of discharge, New
Sources, and sources that become Industrial Users subsequent to the
promulgation of an applicable categorical Standard, shall be required to
submit to the Control Authority a report which contains the information
listed in paragraphs (b)(1)-(5) of this section. New sources shall also
be required to include in this report information on the method of
pretreatment the source intends to use to meet applicable pretreatment
standards. New Sources shall give estimates of the information requested
in paragraphs (b) (4) and (5) of this section:
(1) Identifying information. The User shall submit the name and
address of the facility including the name of the operator and owners;
(2) Permits. The User shall submit a list of any environmental
control permits held by or for the facility;
(3) Description of operations. The User shall submit a brief
description of the nature, average rate of production, and Standard
Industrial Classification of the operation(s) carried out by such
Industrial User. This description should include a schematic process
diagram which indicates points of Discharge to the POTW from the
regulated processes.
(4) Flow measurement. The User shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to
the POTW from each of the following:
(i) Regulated process streams; and
(ii) Other streams as necessary to allow use of the combined
wastestream formula of Sec. 403.6(e). (See paragraph (b)(5)(v) of this
section.)
The Control Authority may allow for verifiable estimates of these flows
where justified by cost or feasibility considerations.
(5) Measurement of pollutants. (i) The user shall identify the
Pretreatment Standards applicable to each regulated process;
(ii) In addition, the User shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the Standard or Control Authority) of regulated pollutants
in the Discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported. The
sample shall be representative of daily operations;
(iii) A minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide, and volatile organics.
For all other pollutants, 24-hour composite samples must be obtained
through flow-proportional composite sampling techniques where feasible.
The Control Authority may waive flow-proportional composite sampling for
any Industrial User that demonstrates that flow-proportional sampling is
infeasible. In such cases, samples may be obtained through time-
proportional composite sampling techniques or through a minimum of four
(4) grab samples where the User demonstrates that this will provide a
representative sample of the effluent being discharged.
(iv) The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
paragraph.
(v) Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed with
the regulated wastewater prior to pretreatment the User should measure
the flows and concentrations necessary to allow use of the combined
wastestream formula of Sec. 403.6(e) in order to evaluate compliance
with the Pretreatment Standards. Where an alternate concentration or
[[Page 37]]
mass limit has been calculated in accordance with Sec. 403.6(e) this
adjusted limit along with supporting data shall be submitted to the
Control Authority;
(vi) Sampling and analysis shall be performed in accordance with the
techniques prescribed in 40 CFR part 136 and amendments thereto. Where
40 CFR part 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the Administrator determines that
the part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analysis shall be performed by
using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by the POTW or
other parties, approved by the Administrator;
(vii) The Control Authority may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures;
(viii) The baseline report shall indicate the time, date and place,
of sampling, and methods of analysis, and shall certify that such
sampling and analysis is representative of normal work cycles and
expected pollutant Discharges to the POTW;
(6) Certification. A statement, reviewed by an authorized
representative of the Industrial User (as defined in paragraph (k) of
this section) and certified to by a qualified professional, indicating
whether Pretreatment Standards are being met on a consistent basis, and,
if not, whether additional operation and maintenance (O and M) and/or
additional pretreatment is required for the Industrial User to meet the
Pretreatment Standards and Requirements; and
(7) Compliance schedule. If additional pretreatment and/or O and M
will be required to meet the Pretreatment Standards; the shortest
schedule by which the Industrial User will provide such additional
pretreatment and/or O and M. The completion date in this schedule shall
not be later than the compliance date established for the applicable
Pretreatment Standard.
(i) Where the Industrial User's categorical Pretreatment Standard
has been modified by a removal allowance (Sec. 403.7), the combined
wastestream formula (Sec. 403.6(e)), and/or a Fundamentally Different
Factors variance (Sec. 403.13) at the time the User submits the report
required by paragraph (b) of this section, the information required by
paragraphs (b)(6) and (7) of this section shall pertain to the modified
limits.
(ii) If the categorical Pretreatment Standard is modified by a
removal allowance (Sec. 403.7), the combined wastestream formula
(Sec. 403.6(e)), and/or a Fundamentally Different Factors variance
(Sec. 403.13) after the User submits the report required by paragraph
(b) of this section, any necessary amendments to the information
requested by paragraphs (b)(6) and (7) of this section shall be
submitted by the User to the Control Authority within 60 days after the
modified limit is approved.
(c) Compliance schedule for meeting categorical Pretreatment
Standards. The following conditions shall apply to the schedule required
by paragraph (b)(7) of this section:
(1) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the
Industrial User to meet the applicable categorical Pretreatment
Standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components,
commencing construction, completing construction, etc.).
(2) No increment referred to in paragraph (c)(1) of this section
shall exceed 9 months.
(3) Not later than 14 days following each date in the schedule and
the final date for compliance, the Industrial User shall submit a
progress report to the Control Authority including, at a minimum,
whether or not it complied with the increment of progress to be met on
such date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken
by the Industrial User to return the construction to the schedule
established. In no event shall more than 9 months elapse
[[Page 38]]
between such progress reports to the Control Authority.
(d) Report on compliance with categorical pretreatment standard
deadline. Within 90 days following the date for final compliance with
applicable categorical Pretreatment Standards or in the case of a New
Source following commencement of the introduction of wastewater into the
POTW, any Industrial User subject to Pretreatment Standards and
Requirements shall submit to the Control Authority a report containing
the information described in paragraphs (b) (4)-(6) of this section. For
Industrial Users subject to equivalent mass or concentration limits
established by the Control Authority in accordance with the procedures
in Sec. 403.6(c), this report shall contain a reasonable measure of the
User's long term production rate. For all other Industrial Users subject
to categorical Pretreatment Standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of
operation), this report shall include the User's actual production
during the appropriate sampling period.
(e) Periodic reports on continued compliance. (1) Any Industrial
User subject to a categorical Pretreatment Standard, after the
compliance date of such Pretreatment Standard, or, in the case of a New
Source, after commencement of the discharge into the POTW, shall submit
to the Control Authority during the months of June and December, unless
required more frequently in the Pretreatment Standard or by the Control
Authority or the Approval Authority, a report indicating the nature and
concentration of pollutants in the effluent which are limited by such
categorical Pretreatment Standards. In addition, this report shall
include a record of measured or estimated average and maximum daily
flows for the reporting period for the Discharge reported in paragraph
(b)(4) of this section except that the Control Authority may require
more detailed reporting of flows. At the discretion of the Control
Authority and in consideraton of such factors as local high or low flow
rates, holidays, budget cycles, etc., the Control Authority may agree to
alter the months during which the above reports are to be submitted.
(2) Where the Control Authority has imposed mass limitations on
Industrial Users as provided for by Sec. 403.6(d), the report required
by paragraph (e)(1) of this section shall indicate the mass of
pollutants regulated by Pretreatment Standards in the Discharge from the
Industrial User.
(3) For Industrial Users subject to equivalent mass or
concentration limits established by the Control Authority in accordance
with the procedures in Sec. 403.6(c), the report required by paragraph
(e)(1) shall contain a reasonable measure of the User's long term
production rate. For all other Industrial Users subject to categorical
Pretreatment Standards expressed only in terms of allowable pollutant
discharge per unit of production (or other measure of operation), the
report required by paragraph (e)(1) shall include the User's actual
average production rate for the reporting period.
(f) Notice of potential problems, including slug loading. All
categorical and non-categorical Industrial Users shall notify the POTW
immediately of all discharges that could cause problems to the POTW,
including any slug loadings, as defined by Sec. 403.5(b), by the
Industrial User.
(g) Monitoring and analysis to demonstrate continued compliance. (1)
The reports required in paragraphs (b), (d), and (e) of this section
shall contain the results of sampling and analaysis of the Discharge,
including the flow and the nature and concentration, or production and
mass where requested by the Control Authority, of pollutants contained
therein which are limited by the applicable Pretreatment Standards. This
sampling and analysis may be performed by the Control Authority in lieu
of the Industrial User. Where the POTW performs the required sampling
and analysis in lieu of the Industrial User, the User will not be
required to submit the compliance certification required under
Secs. 403.12(b) (6) and 403.12(d). In addition, where the POTW itself
collects all the information required for the report, including flow
data, the Industrial User will not be required to submit the report.
(2) If sampling performed by an Industrial User indicates a
violation, the user shall notify the Control Authority
[[Page 39]]
within 24 hours of becoming aware of the violation. The User shall also
repeat the sampling and analysis and submit the results of the repeat
analysis to the Control Authority within 30 days after becoming aware of
the violation, except the Industrial User is not required to resample
if:
(i) The Control Authority performs sampling at the Industrial User
at a frequency of at least once per month, or
(ii) The Control Authority performs sampling at the User between the
time when the User performs its initial sampling and the time when the
User receives the results of this sampling.
(3) The reports required in paragraph (e) of this section shall be
based upon data obtained through appropriate sampling and analysis
performed during the period covered by the report, which data is
representative of conditions occurring during the reporting period. The
Control Authority shall require that frequency of monitoring necessary
to assess and assure compliance by Industrial Users with applicable
Pretreatment Standards and Requirements.
(4) All analyses shall be performed in accordance with procedures
established by the Administrator pursuant to section 304(h) of the Act
and contained in 40 CFR part 136 and amendments thereto or with any
other test procedures approved by the Administrator. (See, Secs. 136.4
and 136.5.) Sampling shall be performed in accordance with the
techniques approved by the Administrator. Where 40 CFR part 136 does not
include sampling or analytical techniques for the pollutants in
question, or where the Administrator determines that the part 136
sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analyses shall be performed using validated
analytical methods or any other sampling and analytical procedures,
including procedures suggested by the POTW or other parties, approved by
the Administrator.
(5) If an Industrial User subject to the reporting requirement in
paragraph (e) of this section monitors any pollutant more frequently
than required by the Control Authority, using the procedures prescribed
in paragraph (g)(4) of this section, the results of this monitoring
shall be included in the report.
(h) Reporting requirements for Industrial Users not subject to
categorical Pretreatment Standards. The Control Authority shall require
appropriate reporting from those Industrial Users with discharges that
are not subject to categorical Pretreatment Standards. Significant
Noncategorical Industrial Users shall submit to the Control Authority at
least once every six months (on dates specified by the Control
Authority) a description of the nature, concentration, and flow of the
pollutants required to be reported by the Control Authority. These
reports shall be based on sampling and analysis performed in the period
covered by the report, and performed in accordance with the techniques
described in 40 CFR part 136 and amendments thereto. Where 40 CFR part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the Administrator determines that the part 136
sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analysis shall be performed by using validated
analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the POTW or other persons,
approved by the Administrator. This sampling and analysis may be
performed by the Control Authority in lieu of the significant
noncategorical industrial user. Where the POTW itself collects all the
information required for the report, the noncategorical significant
industrial user will not be required to submit the report.
(i) Annual POTW reports. POTWs with approved Pretreatment Programs
shall provide the Approval Authority with a report that briefly
describes the POTW's program activities, including activities of all
participating agencies, if more than one jurisdiction is involved in the
local program. The report required by this section shall be submitted no
later than one year after approval of the POTW's Pretreatment Program,
and at least annually thereafter, and shall include, at a minimum, the
following:
(1) An updated list of the POTW's Industrial Users, including their
names
[[Page 40]]
and addresses, or a list of deletions and additions keyed to a
previously submitted list. The POTW shall provide a brief explanation of
each deletion. This list shall identify which Industrial Users are
subject to categorical pretreatment Standards and specify which
Standards are applicable to each Industrial User. The list shall
indicate which Industrial Users are subject to local standards that are
more stringent than the categorical Pretreatment Standards. The POTW
shall also list the Industrial Users that are subject only to local
Requirements.
(2) A summary of the status of Industrial User compliance over the
reporting period;
(3) A summary of compliance and enforcement activities (including
inspections) conducted by the POTW during the reporting period; and
(4) Any other relevant information requested by the Approval
Authority.
(j) Notification of changed discharge. All Industrial Users shall
promptly notify the POTW in advance of any substantial change in the
volume or character of pollutants in their discharge, including the
listed or characteristic hazardous wastes for which the Industrial User
has submitted initial notification under 40 CFR 403.12(p).
(k) Compliance schedule for POTW's. The following conditions and
reporting requirements shall apply to the compliance schedule for
development of an approvable POTW Pretreatment Program required by
Sec. 403.8.
(1) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading to the
development and implementation of a POTW Pretreatment Program (e.g.,
acquiring required authorities, developing funding mechanisms, acquiring
equipment);
(2) No increment referred to in paragraph (h)(1) of this section
shall exceed nine months;
(3) Not later than 14 days following each date in the schedule and
the final date for compliance, the POTW shall submit a progress report
to the Approval Authority including, as a minimum, whether or not it
complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of
progress, the reason for delay, and the steps taken by the POTW to
return to the schedule established. In no event shall more than nine
months elapse between such progress reports to the Approval Authority.
(l) Signatory requirements for industrial user reports. The reports
required by paragraphs (b), (d), and (e) of this section shall include
the certification statement as set forth in Sec. 403.6(a)(2)(ii), and
shall be signed as follows:
(1) By a responsible corporate officer, if the Industrial User
submitting the reports required by paragraphs (b), (d) and (e) of this
section is a corporation. For the purpose of this paragraph, a
responsible corporate officer means (i) a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy- or
decision-making functions for the corporation, or (ii) the manager of
one or more manufacturing, production, or operation facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) By a general partner or proprietor if the Industrial User
submitting the reports required by paragraphs (b), (d) and (e) of this
section is a partnership or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated
in paragraph (l)(1) or (l)(2) of this section if:
(i) The authorization is made in writing by the individual described
in paragraph (l)(1) or (l)(2);
(ii) The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the Industrial Discharge originates, such as the position of plant
manager, operator of a well, or well field superintendent, or a position
of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
(iii) the written authorization is submitted to the Control
Authority.
[[Page 41]]
(4) If an authorization under paragraph (l)(3) of this section is no
longer accurate because a different individual or position has
responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new
authorization satisfying the requirements of paragraph (l)(3) of this
section must be submitted to the Control Authority prior to or together
with any reports to be signed by an authorized representative.
(m) Signatory requirements for POTW reports. Reports submitted to
the Approval Authority by the POTW in accordance with paragraph (h) of
this section must be signed by a principal executive officer, ranking
elected official or other duly authorized employee if such employee is
responsible for overall operation of the POTW.
(n) Provisions Governing Fraud and False Statements: The reports and
other documents required to be submitted or maintained under this
section shall be subject to:
(1) The provisions of 18 U.S.C. section 1001 relating to fraud and
false statements;
(2) The provisions of sections 309(c)(4) of the Act, as amended,
governing false statements, representation or certification; and
(3) The provisions of section 309(c)(6) regarding responsible
corporate officers.
(o) Record-keeping requirements. (1) Any Industrial User and POTW
subject to the reporting requirements established in this section shall
maintain records of all information resulting from any monitoring
activities required by this section. Such records shall include for all
samples:
(i) The date, exact place, method, and time of sampling and the
names of the person or persons taking the samples;
(ii) The dates analyses were performed;
(iii) Who performed the analyses;
(iv) The analytical techniques/methods use; and
(v) The results of such analyses.
(2) Any Industrial User or POTW subject to the reporting
requirements established in this section shall be required to retain for
a minimum of 3 years any records of monitoring activities and results
(whether or not such monitoring activities are required by this section)
and shall make such records available for inspection and copying by the
Director and the Regional Administrator (and POTW in the case of an
Industrial User). This period of retention shall be extended during the
course of any unresolved litigation regarding the Industrial User or
POTW or when requested by the Director or the Regional Administrator.
(3) Any POTW to which reports are submitted by an Industrial User
pursuant to paragraphs (b), (d), (e), and (h) of this section shall
retain such reports for a minimum of 3 years and shall make such reports
available for inspection and copying by the Director and the Regional
Administrator. This period of retention shall be extended during the
course of any unresolved litigation regarding the discharge of
pollutants by the Industrial User or the operation of the POTW
Pretreatment Program or when requested by the Director or the Regional
Administrator.
(p)(1) The Industrial User shall notify the POTW, the EPA Regional
Waste Management Division Director, and State hazardous waste
authorities in writing of any discharge into the POTW of a substance,
which, if otherwise disposed of, would be a hazardous waste under 40 CFR
part 261. Such notification must include the name of the hazardous waste
as set forth in 40 CFR part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other). If the Industrial User
discharges more than 100 kilograms of such waste per calendar month to
the POTW, the notification shall also contain the following information
to the extent such information is known and readily available to the
Industrial User: An identification of the hazardous constituents
contained in the wastes, an estimation of the mass and concentration of
such constituents in the wastestream discharged during that calendar
month, and an estimation of the mass of constituents in the wastestream
expected to be discharged during the following twelve months. All
notifications must take place within 180 days of the effective date of
this rule. Industrial users who commence discharging after the
[[Page 42]]
effective date of this rule shall provide the notification no later than
180 days after the discharge of the listed or characteristic hazardous
waste. Any notification under this paragraph need be submitted only once
for each hazardous waste discharged. However, notifications of changed
discharges must be submitted under 40 CFR 403.12 (j). The notification
requirement in this section does not apply to pollutants already
reported under the self-monitoring requirements of 40 CFR 403.12 (b),
(d), and (e).
(2) Dischargers are exempt from the requirements of paragraph (p)(1)
of this section during a calendar month in which they discharge no more
than fifteen kilograms of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
Discharge of more than fifteen kilograms of non-acute hazardous wastes
in a calendar month, or of any quantity of acute hazardous wastes as
specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time
notification.
Subsequent months during which the Industrial User discharges more
than such quantities of any hazardous waste do not require additional
notification.
(3) In the case of any new regulations under section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the Industrial User must
notify the POTW, the EPA Regional Waste Management Waste Division
Director, and State hazardous waste authorities of the discharge of such
substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under paragraph (p) of this
section, the Industrial User shall certify that it has a program in
place to reduce the volume and toxicity of hazardous wastes generated to
the degree it has determined to be economically practical.
[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 31225, Aug. 3, 1984; 51
FR 20429, June 4, 1986; 53 FR 40613, Oct. 17, 1988; 55 FR 30131, July
24, 1990; 58 FR 18017, Apr. 7, 1993; 60 FR 33932, June 29, 1995]
Sec. 403.13 Variances from categorical pretreatment standards for fundamentally different factors.
(a) Definition. The term Requester means an Industrial User or a
POTW or other interested person seeking a variance from the limits
specified in a categorical Pretreatment Standard.
(b) Purpose and scope. In establishing categorical Pretreatment
Standards for existing sources, the EPA will take into account all the
information it can collect, develop and solicit regarding the factors
relevant to pretreatment standards under section 307(b). In some cases,
information which may affect these Pretreatment Standards will not be
available or, for other reasons, will not be considered during their
development. As a result, it may be necessary on a case-by-case basis to
adjust the limits in categorical Pretreatment Standards, making them
either more or less stringent, as they apply to a certain Industrial
User within an industrial category or subcategory. This will only be
done if data specific to that Industrial User indicates it presents
factors fundamentally different from those considered by EPA in
developing the limit at issue. Any interested person believing that
factors relating to an Industrial User are fundamentally different from
the factors considered during development of a categorical Pretreatment
Standard applicable to that User and further, that the existence of
those factors justifies a different discharge limit than specified in
the applicable categorical Pretreatment Standard, may request a
fundamentally different factors variance under this section or such a
variance request may be initiated by the EPA.
(c) Criteria--(1) General criteria. A request for a variance based
upon fundamentally different factors shall be approved only if:
(i) There is an applicable categorical Pretreatment Standard which
specifically controls the pollutant for which alternative limits have
been requested; and
(ii) Factors relating to the discharge controlled by the categorical
[[Page 43]]
Pretreatment Standard are fundamentally different from the factors
considered by EPA in establishing the Standards; and
(iii) The request for a variance is made in accordance with the
procedural requirements in paragraphs (g) and (h) of this section.
(2) Criteria applicable to less stringent limits. A variance request
for the establishment of limits less stringent than required by the
Standard shall be approved only if:
(i) The alternative limit requested is no less stringent than
justified by the fundamental difference;
(ii) The alternative limit will not result in a violation of
prohibitive discharge standards prescribed by or established under
Sec. 403.5;
(iii) The alternative limit will not result in a non-water quality
environmental impact (including energy requirements) fundamentally more
adverse than the impact considered during development of the
Pretreatment Standards; and
(iv) Compliance with the Standards (either by using the technologies
upon which the Standards are based or by using other control
alternatives) would result in either:
(A) A removal cost (adjusted for inflation) wholly out of proportion
to the removal cost considered during development of the Standards; or
(B) A non-water quality environmental impact (including energy
requirements) fundamentally more adverse than the impact considered
during development of the Standards.
(3) Criteria applicable to more stringent limits. A variance request
for the establishment of limits more stringent than required by the
Standards shall be approved only if:
(i) The alternative limit request is no more stringent than
justified by the fundamental difference; and
(ii) Compliance with the alternative limit would not result in
either:
(A) A removal cost (adjusted for inflation) wholly out of proportion
to the removal cost considered during development of the Standards; or
(B) A non-water quality environmental impact (including energy
requirements) fundamentally more adverse than the impact considered
during development of the Standards.
(d) Factors considered fundamentally different. Factors which may be
considered fundamentally different are:
(1) The nature or quality of pollutants contained in the raw waste
load of the User's process wastewater:
(2) The volume of the User's process wastewater and effluent
discharged;
(3) Non-water quality environmental impact of control and treatment
of the User's raw waste load;
(4) Energy requirements of the application of control and treatment
technology;
(5) Age, size, land availability, and configuration as they relate
to the User's equipment or facilities; processes employed; process
changes; and engineering aspects of the application of control
technology;
(6) Cost of compliance with required control technology.
(e) Factors which will not be considered fundamentally different. A
variance request or portion of such a request under this section may not
be granted on any of the following grounds:
(1) The feasibility of installing the required waste treatment
equipment within the time the Act allows;
(2) The assertion that the Standards cannot be achieved with the
appropriate waste treatment facilities installed, if such assertion is
not based on factors listed in paragraph (d) of this section;
(3) The User's ability to pay for the required waste treatment; or
(4) The impact of a Discharge on the quality of the POTW's receiving
waters.
(f) State or local law. Nothing in this section shall be construed
to impair the right of any state or locality under section 510 of the
Act to impose more stringent limitations than required by Federal law.
(g) Application deadline. (1) Requests for a variance and supporting
information must be submitted in writing to the Director or to the
Administrator (or his delegate), as appropriate.
(2) In order to be considered, a request for a variance must be
submitted no later than 180 days after the date on which a categorical
Pretreatment
[[Page 44]]
Standard is published in the Federal Register.
(3) Where the User has requested a catergorical determination
pursuant to Sec. 403.6(a), the User may elect to await the results of
the category determination before submitting a variance request under
this section. Where the User so elects, he or she must submit the
variance request within 30 days after a final decision has been made on
the categorical determination pursuant to Sec. 403.6(a)(4).
(h) Contents submission. Written submissions for variance requests,
whether made to the Administrator (or his delegate) or the Director,
must include:
(1) The name and address of the person making the request;
(2) Identification of the interest of the Requester which is
affected by the categorical Pretreatment Standard for which the variance
is requested;
(3) Identification of the POTW currently receiving the waste from
the Industrial User for which alternative discharge limits are
requested;
(4) Identification of the categorical Pretreatment Standards which
are applicable to the Industrial User;
(5) A list of each pollutant or pollutant parameter for which an
alternative discharge limit is sought;
(6) The alternative discharge limits proposed by the Requester for
each pollutant or pollutant parameter identified in paragraph (h)(5) of
this section;
(7) A description of the Industrial User's existing water pollution
control facilities;
(8) A schematic flow representation of the Industrial User's water
system including water supply, process wastewater systems, and points of
Discharge; and
(9) A Statement of facts clearly establishing why the variance
request should be approved, including detailed support data,
documentation, and evidence necessary to fully evaluate the merits of
the request, e.g., technical and economic data collected by the EPA and
used in developing each pollutant discharge limit in the Pretreatment
Standard.
(i) Deficient requests. The Administrator (or his delegate) or the
Director will only act on written requests for variances that contain
all of the information required. Persons who have made incomplete
submissions will be notified by the Administrator (or his delegate) or
the Director that their requests are deficient and unless the time
period is extended, will be given up to thirty days to remedy the
deficiency. If the deficiency is not corrected within the time period
allowed by the Administrator (or his delegate) or the Director, the
request for a variance shall be denied.
(j) Public notice. Upon receipt of a complete request, the
Administrator (or his delegate) or the Director will provide notice of
receipt, opportunity to review the submission, and opportunity to
comment.
(1) The public notice shall be circulated in a manner designed to
inform interested and potentially interested persons of the request.
Procedures for the circulation of public notice shall include mailing
notices to:
(i) The POTW into which the Industrial User requesting the variance
discharges;
(ii) Adjoining States whose waters may be affected; and
(iii) Designated 208 planning agencies, Federal and State fish,
shellfish and wildlife resource agencies; and to any other person or
group who has requested individual notice, including those on
appropriate mailing lists.
(2) The public notice shall provide for a period not less than 30
days following the date of the public notice during which time
interested persons may review the request and submit their written views
on the request.
(3) Following the comment period, the Administrator (or his
delegate) or the Director will make a determination on the request
taking into consideration any comments received. Notice of this final
decision shall be provided to the requester (and the Industrial User for
which the variance is requested if different), the POTW into which the
Industrial User discharges and all persons who submitted comments on the
request.
(k) Review of requests by state. (1) Where the Director finds that
fundamentally different factors do not exist, he may deny the request
and notify the requester (and Industrial User
[[Page 45]]
where they are not the same) and the POTW of the denial.
(2) Where the Director finds that fundamentally different factors do
exist, he shall forward the request, with a recommendation that the
request be approved, to the Administrator (or his delegate).
(l) Review of requests by EPA. (1) Where the Administrator (or his
delegate) finds that fundamentally different factors do not exist, he
shall deny the request for a variance and send a copy of his
determination to the Director, to the POTW, and to the requester (and to
the Industrial User, where they are not the same).
(2) Where the Administrator (or his delegate) finds that
fundamentally different factors do exist, and that a partial or full
variance is justified, he will approve the variance. In approving the
variance, the Administrator (or his delegate) will:
(i) Prepare recommended alternative discharge limits for the
Industrial User either more or less stringent than those prescribed by
the applicable categorical Pretreatment Standard to the extent warranted
by the demonstrated fundamentally different factors;
(ii) Provide the following information in his written determination:
(A) The recommended alternative discharge limits for the Industrial
User concerned;
(B) The rationale for the adjustment of the Pretreatment Standard
(including the reasons for recommending that the variance be granted)
and an explanation of how the recommended alternative discharge limits
were derived;
(C) The supporting evidence submitted to the Administrator (or his
delegate); and
(D) Other information considered by the Administrator (or his
delegate) in developing the recommended alternative discharge limits;
(iii) Notify the Director and the POTW of his or her determination;
and
(iv) Send the information described in paragraphs (l)(2) (i) and
(ii) of this section to the Requestor (and to the Industrial User where
they are not the same).
(m) Request for hearing. (1) Within 30 days following the date of
receipt of the notice of the decision of the Administrator's delegate on
a variance request, the requester or any other interested person may
submit a petition to the Regional Administrator for a hearing to
reconsider or contest the decision. If such a request is submitted by a
person other than the Industrial User the person shall simultaneously
serve a copy of the request on the Industrial User.
(2) If the Regional Administrator declines to hold a hearing and the
Regional Administrator affirms the findings of the Administrator's
delegate the requester may submit a petition for a hearing to the
Environmental Appeals Board (which is described in Sec. 1.25 of this
title) within 30 days of the Regional Administrator's decision.
[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 5132, Feb. 10, 1984; 50
FR 38811, Sept. 25, 1985; 51 FR 16030, Apr. 30, 1986; 54 FR 258, Jan. 4,
1989; 57 FR 5347, Feb. 13, 1992; 58 FR 18017, Apr. 7, 1993; 60 FR 33932,
June 29, 1995]
Sec. 403.14 Confidentiality.
(a) EPA authorities. In accordance with 40 CFR part 2, any
information submitted to EPA pursuant to these regulations may be
claimed as confidential by the submitter. Any such claim must be
asserted at the time of submission in the manner prescribed on the
application form or instructions, or, in the case of other submissions,
by stamping the words ``confidential business information'' on each page
containing such information. If no claim is made at the time of
submission, EPA may make the information available to the public without
further notice. If a claim is asserted, the information will be treated
in accordance with the procedures in 40 CFR part 2 (Public Information).
(b) Effluent data. Information and data provided to the Control
Authority pursuant to this part which is effluent data shall be
available to the public without restriction.
(c) State or POTW. All other information which is submitted to the
State or POTW shall be available to the public at least to the extent
provided by 40 CFR 2.302.
Sec. 403.15 Net/Gross calculation.
Categorical Pretreatment Standards may be adjusted to reflect the
presence
[[Page 46]]
of pollutants in the Industrial User's intake water in accordance with
this section.
(a) Application. Any Industrial User wishing to obtain credit for
intake pollutants must make application to the Control Authority. Upon
request of the Industrial User, the applicable Standard will be
calculated on a ``net'' basis (i.e., adjusted to reflect credit for
pollutants in the intake water) if the requirements of paragraphs (b)
and (c) of this section are met.
(b) Criteria. (1) The Industrial User must demonstrate that the
control system it proposes or uses to meet applicable categorical
Pretreatment Standards would, if properly installed and operated, meet
the Standards in the absence of pollutants in the intake waters.
(2) Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease should not be
granted unless the Industrial User demonstrates that the constituents of
the generic measure in the User's effluent are substantially similar to
the constituents of the generic measure in the intake water or unless
appropirate additional limits are placed on process water pollutants
either at the outfall or elsewhere.
(3) Credit shall be granted only to the extent necessary to meet the
applicable categorical Pretreatment Standard(s), up to a maximum value
equal to the influent value. Additional monitoring may be necessary to
determine eligibility for credits and compliance with Standard(s)
adjusted under this section.
(4) Credit shall be granted only if the User demonstrates that the
intake water is drawn from the same body of water as that into which the
POTW discharges. The Control Authority may waive this requirement if it
finds that no environmental degradation will result.
(c) The applicable categorical pretreatment standards contained in
40 CFR subchapter N specifically provide that they shall be applied on a
net basis.
[53 FR 40614, Oct. 17, 1988, as amended at 58 FR 18017, Apr. 7, 1993]
Sec. 403.16 Upset provision.
(a) Definition. For the purposes of this section, Upset means an
exceptional incident in which there is unintentional and temporary
noncompliance with categorical Pretreatment Standards because of factors
beyond the reasonable control of the Industrial User. An Upset does not
include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper
operation.
(b) Effect of an upset. An Upset shall constitute an affirmative
defense to an action brought for noncompliance with categorical
Pretreatment Standards if the requirements of paragraph (c) are met.
(c) Conditions necessary for a demonstration of upset. An Industrial
User who wishes to establish the affirmative defense of Upset shall
demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An Upset occurred and the Industrial User can identify the
cause(s) of the Upset;
(2) The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures;
(3) The Industrial User has submitted the following information to
the POTW and Control Authority within 24 hours of becoming aware of the
Upset (if this information is provided orally, a written submission must
be provided within five days):
(i) A description of the Indirect Discharge and cause of
noncompliance;
(ii) The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue;
(iii) Steps being taken and/or planned to reduce, eliminate and
prevent recurrence of the noncompliance.
(d) Burden of proof. In any enforcement proceeding the Industrial
User seeking to establish the occurrence of an Upset shall have the
burden of proof.
[[Page 47]]
(e) Reviewability of agency consideration of claims of upset. In the
usual exercise of prosecutorial discretion, Agency enforcement personnel
should review any claims that non-compliance was caused by an Upset. No
determinations made in the course of the review constitute final Agency
action subject to judicial review. Industrial Users will have the
opportunity for a judicial determination on any claim of Upset only in
an enforcement action brought for noncompliance with categorical
Pretreatment Standards.
(f) User responsibility in case of upset. The Industrial User shall
control production or all Discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction, loss,
or failure of its treatment facility until the facility is restored or
an alternative method of treatment is provided. This requirement applies
in the situation where, among other things, the primary source of power
of the treatment facility is reduced, lost or fails.
[46 FR 9439, Jan. 28, 1981, as amended at 53 FR 40615, Oct. 17, 1988]
Sec. 403.17 Bypass.
(a) Definitions. (1) Bypass means the intentional diversion of
wastestreams from any portion of an Industrial User's treatment
facility.
(2) Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which
can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
(b) Bypass not violating applicable Pretreatment Standards or
Requirements. An Industrial User may allow any bypass to occur which
does not cause Pretreatment Standards or Requirements to be violated,
but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs
(c) and (d) of this section.
(c) Notice. (1) If an Industrial User knows in advance of the need
for a bypass, it shall submit prior notice to the Control Authority, if
possible at least ten days before the date of the bypass.
(2) An Industrial User shall submit oral notice of an unanticipated
bypass that exceeds applicable Pretreatment Standards to the Control
Authority within 24 hours from the time the Industrial User becomes
aware of the bypass. A written submission shall also be provided within
5 days of the time the Industrial User becomes aware of the bypass. The
written submission shall contain a description of the bypass and its
cause; the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the bypass. The Control Authority may waive
the written report on a case-by-case basis if the oral report has been
received within 24 hours.
(d) Prohibition of bypass. (1) Bypass is prohibited, and the
Control Authority may take enforcement action against an Industrial User
for a bypass, unless;
(i) Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(ii) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent
a bypass which occurred during normal periods of equipment downtime or
preventative maintenance; and
(iii) The Industrial User submitted notices as required under
paragraph (c) of this section.
(2) The Control Authority may approve an anticipated bypass, after
considering its adverse effects, if the Control Authority determines
that it will meet the three conditions listed in paragraph (d)(1) of
this section.
[53 FR 40615, Oct. 17, 1988, as amended at 58 FR 18017, Apr. 7, 1993]
[[Page 48]]
Sec. 403.18 Modification of POTW Pretreatment Programs.
(a) General. Either the Approval Authority or a POTW with an
approved POTW Pretreatment Program may initiate program modification at
any time to reflect changing conditions at the POTW. Program
modification is necessary whenever there is a significant change in the
operation of a POTW Pretreatment Program that differs from the
information in the POTW's Submission, as approved under Sec. 403.11.
(b) Procedures. POTW Pretreatment Program modifications shall be
accomplished as follows:
(1) For substantial modifications, as defined in paragraph (c) of
this section:
(i) The POTW shall submit to the Approval Authority a statement of
the basis for the desired modification, a modified program description
(see, Sec. 403.9(b)), or such other documents the Approval Authority
determines to be necessary under the circumstances.
(ii) The Approval Authority shall approve or disapprove the
modification based on the requirements of Sec. 403.8(f), following the
procedures in Sec. 403.11(b)-(f).
(iii) The modification shall be incorporated into the POTW's NPDES
permit after approval. The permit will be modified to incorporate the
approved modification in accordance with 40 CFR 122.63(g).
(iv) The modification shall become effective upon approval by the
Approval Authority. Notice of approval shall be published in the same
newspaper as the notice of the original request for approval of the
modification under Sec. 403.11(b)(1)(i)(B).
(2) The POTW shall notify the Approval Authority of any other (i.e.,
non-substantial) modifications to its Pretreatment Program at least 30
days prior to when they are to be implemented by the POTW, in a
statement similar to that provided for in paragraph (b)(1)(i) of this
section. Such non-substantial program modifications shall be deemed to
be approved by the Approval Authority, unless the Approval Authority
determines that a modification submitted is in fact a substantial
modification, 90 days after the submission of the POTW's statement.
Following such ``approval'' by the Approval Authority, such
modifications shall be incorporated into the POTW's permit in accordance
with 40 CFR 122.63(g). If the Approval Authority determines that a
modification reported by a POTW in its statement is in fact a
substantial modification, the Approval Authority shall notify the POTW
and initiate the procedures in paragraph (b)(1) of this section.
(c) Substantial modifications. (1) The following are substantial
modifications for purposes of this section:
(i) Changes to the POTW's legal authorities;
(ii) Changes to local limits, which result in less stringent local
limits;
(iii) Changes to the POTW's control mechanism, as described in
Sec. 403.8(f)(1)(iii);
(iv) Changes to the POTW's method for implementing categorical
Pretreatment Standards (e.g., incorporation by reference, separate
promulgation, etc.);
(v) A decrease in the frequency of self-monitoring or reporting
required of industrial users;
(vi) A decrease in the frequency of industrial user inspections or
sampling by the POTW;
(vii) Changes to the POTW's confidentiality procedures;
(viii) Significant reductions in the POTW's Pretreatment Program
resources (including personnel commitments, equipment, and funding
levels); and
(ix) Changes in the POTW's sludge disposal and management practices.
(2) The Approval Authority may designate other specific
modifications, in addition to those listed in paragraph (c)(1) of this
section, as substantial modifications.
(3) A modification that is not included in paragraph (c)(1) of this
section is nonetheless a substantial modification for purposes of this
section if the modification:
(i) Would have a significant impact on the operation of the POTW's
Pretreatment Program;
(ii) Would result in an increase in pollutant loadings at the POTW;
or
[[Page 49]]
(iii) Would result in less stringent requirements being imposed on
Industrial Users of the POTW.
[53 FR 40615, Oct. 17, 1988, as amended at 58 FR 18017, Apr. 7, 1993]
Appendix A to Part 403--Program Guidance Memorandum
U.S. Environmental Protection Agency
December 16, 1975.
Program Guidance Memorandum--61
Subject: Grants for Treatment and Control of Combined Sewer Overflows
and Stormwater Discharges.
From: John T. Rhett, Deputy Assistant Administrator for Water Program
Operations (WH-546).
To: Regional Administrators, Regions I-X.
This memorandum summarizes the Agency's policy on the use of
construction grants for treatment and control of combined sewer
overflows and stormwater discharges during wet-weather conditions. The
purpose is to assure that projects are funded only when careful planning
has demonstrated they are cost-effective.
I. Combined Sewer Overflows
A. Background
The costs and benefits of control of various portions of pollution
due to combined sewer overflows and by-passes vary greatly with the
characteristics of the sewer and treatment system, the duration,
intensity, frequency and areal extent of precipitation, the type and
extent of development in the service area, and the characteristics, uses
and water quality standards of the receiving waters. Decisions on grants
for control of combined sewer overflows, therefore, must be made on a
case-by-case basis after detailed planning at the local level.
Where detailed planning has been completed, treatment or control of
pollution from wet-weather overflows and bypasses may be given priority
for construction grant funds only after provision has been made for
secondary treatment of dry-weather flows in the area. The detailed
planning requirements and criteria for project approval follow.
B. Planning Requirements
Construction grants may be approved for control of pollution from
combined sewer overflows only if planning for the project was thoroughly
analyzed for the 20 year planning period:
1. Alternative control techniques which might be utilized to attain
various levels of pollution control (related to alternative beneficial
uses, if appropriate), including at least initial consideration of all
the alternatives described in the section on combined sewer and
stormwater control in ``Alternative Waste Management Techniques and Best
Practicable Waste Treatment'' (Section C of Chapter III of the
information proposed for comment in March 1974).
2. The costs of achieving the various levels of pollution control by
each of the techniques appearing to be the most feasible and cost-
effective after the preliminary analysis.
3. The benefits to the receiving waters of a range of levels of
pollution control during wet-weather conditions. This analysis will
normally be conducted as part of State water quality management
planning, 208 areawide management planning, or other State, regional or
local planning effort.
4. The costs and benefits of addition of advanced waste treatment
processes to dry-weather flows in the area.
C. Criteria for Project Approval
The final alternative selected shall meet the following criteria:
1. The analysis required above has demonstrated that the level of
pollution control provided will be necessary to protect a beneficial use
of the receiving water even after technology based standards required by
Section 301 of Pub. L. 92-500 are achieved by industrial point sources
and at least secondary treatment is achieved for dry-weather municipal
flows in the area.
2. Provision has already been made for funding of secondary
treatment of dry-weather flows in the area.
3. The pollution control technique proposed for combined sewer
overflow is a more cost-effective means of protecting the beneficial use
of the receiving waters than other combined sewer pollution control
techniques and the addition of treatment higher than secondary treatment
for dry-weather municipal flows in the area.
4. The marginal costs are not substantial compared to marginal
benefits.
Marginal costs and benefits for each alternative may be displayed
graphically to assist with determining a project's acceptability under
this criterion. Dollar costs should be compared with quantified
pollution reduction and water quality improvements. A descriptive
narrative should also be included analyzing monetary, social and
environmental costs compared to benefits, particularly the significance
of the beneficial uses to be protected by the project.
II. Stormwater Discharges
Approaches for reducing pollution from separate stormwater
discharges are now in the early stages of development and evaluation. We
anticipate, however, that in many cases the benefits obtained by
construction of treatment works for this purpose will be small compared
with the costs, and other
[[Page 50]]
techniques of control and prevention will be more cost-effective. The
policy of the Agency is, therefore, that construction grants shall not
be used for construction of treatment works to control pollution from
separate discharges of stormwater except under unusual conditions where
the project clearly has been demonstrated to meet the planning
requirements and criteria described above for combined sewer overflows.
III. Multi-purpose Projects
Projects with multiple purposes, such as flood control and
recreation in addition to pollution control, may be eligible for an
amount not to exceed the cost of the most cost-effective single purpose
pollution abatement system. Normally the Separable Costs-Remaining
Benefits (SCRB) method should be used to allocate costs between
pollution control and other purposes, although in unusual cases another
method may be appropriate. For such cost allocation, the cost of the
least cost pollution abatement alternative may be used as a substitute
measure of the benefits for that purpose. The method is described in
``Proposed Practices for Economic Analysis of River Basin Projects,''
GPO, Washington, D.C., 1958, and ``Efficiency in Government through
Systems Analysis,'' by Roland N. McKean, John Wiley & Sons, Inc., 1958.
Enlargement of or otherwise adding to combined sewer conveyance
systems is one means of reducing or eliminating flooding caused by wet-
weather conditions. These additions may be designed so as to produce
some benefits in terms of reduced discharge of pollutants to surrounding
waterways. The pollution control benefits of such flood control
measures, however, are likely to be small compared with the costs, and
the measures therefore would normally be ineligible for funding under
the construction grants program.
All multi-purpose projects where less than 100% of the costs are
eligible for construction grants under this policy shall contain a
special grant condition precluding EPA funding of non-pollution control
elements. This condition should, as a minimum, contain a provision
similar to the following:
``The grantee explicitly acknowledges and agrees that costs are
allowable only to the extent they are incurred for the water pollution
control elements of this project.''
Additional special conditions should be included as appropriate to
assure that the grantee clearly understands which elements of the
project are eligible for construction grants under Pub. L. 92-500.
Appendix B to Part 403--[Reserved]
Appendix C to Part 403--[Reserved]
Appendix D to Part 403--Selected Industrial Subcategories Considered
Dilute for Purposes of the Combined Wastestream Formula
The following industrial subcategories are considered to have dilute
wastestreams for purposes of the combined wastestream formula. They
either were or could have been excluded from categorical pretreatment
standards pursuant to paragraph 8 of the Natural Resources Defense
Council, Inc., et al. v. Costle Consent Decree for one or more of the
following four reasons: (1) The pollutants of concern are not detectable
in the effluent from the industrial user (paragraph 8(a)(iii)); (2) the
pollutants of concern are present only in trace amounts and are neither
causing nor likely to cause toxic effects (paragraph 8(a)(iii)); (3) the
pollutants of concern are present in amounts too small to be effectively
reduced by technologies known to the Administrator (paragraph
8(a)(iii)); or (4) the wastestream contains only pollutants which are
compatible with the POTW (paragraph 8(b)(i)). In some instances,
different rationales were given for exclusion under paragraph 8.
However, EPA has reviewed these subcategories and has determined that
exclusion could have occurred due to one of the four reasons listed
above.
This list is complete as of October 9, 1986. It will be updated
periodically for the convenience of the reader.
Auto and Other Laundries (40 CFR part 444)
Carpet and Upholstery Cleaning
Coin-Operated Laundries and Dry Cleaning
Diaper Services
Dry Cleaning Plants except Rug Cleaning
Industrial Laundries
Laundry and Garment Services, Not Elsewhere Classified
Linen Supply
Power Laundries, Family and Commercial
Electrical and Electronic Components \1\ (40 CFR part 469)
---------------------------------------------------------------------------
\1\ The Paragraph 8 exemption for the manufacture of products in the
Electrical and Electronic Components Category is for operations not
covered by Electroplating/Metal Finishing pretreatment regulations (40
CFR parts 413/433).
---------------------------------------------------------------------------
Capacitors (Fluid Fill)
Carbon and Graphite Products
Dry Transformers
Ferrite Electronic Devices
Fixed Capacitors
Fluorescent Lamps
Fuel Cells
[[Page 51]]
Incandescent Lamps
Magnetic Coatings
Mica Paper Dielectric
Motors, Generators, Alternators
Receiving and Transmitting Tubes
Resistance Heaters
Resistors
Swithchgear
Transformer (Fluid Fill)
Metal Molding and Casting (40 CFR part 464)
Nickel Casting
Tin Casting
Titanium Casting
Gum and Wood Chemicals (40 CFR part 454)
Char and Charcoal Briquets
Inorganic Chemicals Manufacturing (40 CFR part 415)
Ammonium Chloride
Ammonium Hydroxide
Barium Carbonate
Calcium Carbonate
Carbon Dioxide
Carbon Monoxide and Byproduct Hydrogen
Hydrochloric Acid
Hydrogen Peroxide (Organic Process)
Nitric Acid
Oxygen and Nitrogen
Potassium Iodide
Sodium Chloride (Brine Mining Process)
Sodium Hydrosulfide
Sodium Hydrosulfite
Sodium Metal
Sodium Silicate
Sodium Thiosulfate
Sulfur Dioxide
Sulfuric Acid
Leather (40 CFR part 425)
Gloves
Luggage
Paving and Roofing (40 CFR part 443)
Asphalt Concrete
Asphalt Emulsion
Linoleum
Printed Asphalt Felt
Roofing
Pulp, Paper, and Paperboard, and Builders' Paper and Board Mills (40 CFR
parts 430 and 431)
Groundwood-Chemi-Mechanical
Rubber Manufacturing (40 CFR part 428)
Tire and Inner Tube Plants
Emulsion Crumb Rubber
Solution Crumb Rubber
Latex Rubber
Small-sized General Molded, Extruded and Fabricated Rubber
Plants,\2\
---------------------------------------------------------------------------
\2\ Footnote: Except for production attributed to lead-sheathed hose
manufacturing operations.
---------------------------------------------------------------------------
Medium-sided General Molded, Extruded and Fabricated Rubber Plants
\2\
Large-sized General Molded, Extruded and Fabricated Rubber Plants
\2\
Wet Digestion Reclaimed Rubber
Pan, Dry Digestion, and Mechanical Reclaimed Rubber
Latex Dipped, Latex-Extruded, and Latex-Molded Rubber \3\
---------------------------------------------------------------------------
\3\ Footnote: Except for production attributed to chromic acid form-
cleaning operations.
---------------------------------------------------------------------------
Latex Foam \4\
---------------------------------------------------------------------------
\4\ Footnote: Except for production that generates zinc as a
pollutant in discharge.
---------------------------------------------------------------------------
Soap and Detergent Manufacturing (40 CFR part 417)
Soap Manufacture by Batch Kettle
Fatty Acid Manufacture by Fat Splitting
Soap Manufacture by Fatty Acid
Neutralization
Glycerine Concentration
Glycerine Distillation
Manufacture of Soap Flakes and Powders
Manufacture of Bar Soaps
Manufacture of Liquid Soaps
Manufacture of Spray Dried Detergents
Manufacture of Liquid Detergents
Manufacture of Dry Blended Detergents
Manufacture of Drum Dried Detergents
Manufacture of Detergent Bars and Cakes
Textile Mills (40 CFR part 410)
Apparel manufacturing
Cordage and Twine
Padding and Upholstery Filling
Timber Products Processing (40 CFR part 429)
Barking Process
Finishing Processes
Hardboard--Dry Process
[51 FR 36372, Oct. 9, 1986]
Appendix E to Part 403--Sampling Procedures
I. Composite Method
A. It is recommended that influent and effluent operational data be
obtained through 24-hour flow proportional composite samples. Sampling
may be done manually or automatically, and discretely or continuously.
If discrete sampling is employed, at least 12 aliquots should be
composited. Discrete sampling may be flow proportioned either by varying
the time interval between each aliquot or the volume of each aliquot.
All composites should be flow proportional to either the stream flow at
the time of collection of the influent aliquot or to the total influent
flow since the previous influent aliquot. Volatile pollutant aliquots
must be combined in the laboratory immediately before analysis.
B. Effluent sample collection need not be delayed to compensate for
hydraulic detention unless the POTW elects to include detention time
compensation or unless the Approval Authority requires detention time
compensation. The Approval Authority may require that each effluent
sample is taken approximately one detention time later than
[[Page 52]]
the corresponding influent sample when failure to do so would result in
an unrepresentative portrayal of actual POTW operation. The detention
period should be based on a 24-hour average daily flow value. The
average daily flow should in turn be based on the average of the daily
flows during the same month of the previous year.
II. Grab Method
If composite sampling is not an appropriate technique, grab samples
should be taken to obtain influent and effluent operational data. A grab
sample is an individual sample collected over a period of time not
exceeding 15 minutes. The collection of influent grab samples should
precede the collection of effluent samples by approximately one
detention period except that where the detention period is greater than
24 hours such staggering of the sample collection may not be necessary
or appropriate. The detention period should be based on a 24-hour
average daily flow value. The average daily flow should in turn be based
upon the average of the daily flows during the same month of the
previous year. Grab sampling should be employed where the pollutants
being evaluated are those, such as cyanide and phenol, which may not be
held for an extended period because of biological, chemical or physical
interaction which take place after sample collection and affect the
results.
[49 FR 31225, Aug. 3, 1984]
Appendix F--[Reserved]
Appendix G To Part 403--Pollutants Eligible For A Removal Credit
I. Regulated Pollutants in Part 503 Eligible for a Removal Credit
------------------------------------------------------------------------
Use or disposal practice
Pollutants -----------------------------------------
LA SD I
------------------------------------------------------------------------
Arsenic....................... X X X
Beryllium..................... ............ ............ X
Cadmium....................... X ............ X
Chromium...................... ............ X X
Copper........................ X
Lead.......................... X ............ X
Mercury....................... X ............ X
Molybdenum.................... X
Nickel........................ X X X
Selenium...................... X
Zinc.......................... X ..........
Total hydrocarbons............ ............ ............ X \1\
------------------------------------------------------------------------
Key:
LA--land application.
SD--surface disposal site without a liner and leachate collection
system.
I--firing of sewage sludge in a sewage sludge incinerator.
\1\ The following organic pollutants are eligible for a removal credit
if the requirements for total hydrocarbons in subpart E in 40 CFR Part
503 are met when sewage sludge is fired in a sewage sludge
incinerator: Acrylonitrile, Aldrin/Dieldrin(total), Benzene,
Benzidine, Benzo(a)pyrene, Bis(2-chloroethyl)ether, Bis(2-
ethylhexyl)phthalate, Bromodichloromethane, Bromoethane, Bromoform,
Carbon tetrachloride, Chlordane, Chloroform, Chloromethane,
DDD,DDE,DDT, Dibromochloromethane, Dibutyl phthalate, 1,2-
dichloroethane, 1,1-dichloroethylene, 2,4-dichlorophenol, 1,3-
dichloropropene, Diethyl phthalate, 2,4-dinitrophenol, 1,2-
diphenylhydrazine, Di-n-butyl phthalate, Endosulfan, Endrin,
Ethylbenzene, Heptachlor, Heptachlor epoxide, Hexachlorobutadiene,
Alpha-hexachlorocyclohexane, Beta-hexachlorocyclohexane,
Hexachlorocyclopentadiene, Hexachloroethane, Hydrogen cyanide,
Isophorone, Lindane, Methylene chloride, Nitrobenzene, N-
Nitrosodimethylamine, N-Nitrosodi-n-propylamine, Pentachlorophenol,
Phenol, Polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzo-p-
dioxin, 1,1,2,2,-tetrachloroethane, Tetrachloroethylene, Toluene,
Toxaphene, Trichloroethylene, 1,2,4-Trichlorobenzene, 1,1,1-
Trichloroethane, 1,1,2-Trichloroethane, and 2,4,6-Trichlorophenol.
II. Additional Pollutants Eligible for a Removal Credit
[milligrams per kilogram--dry weight basis]
----------------------------------------------------------------------------------------------------------------
Use or disposal practice
-------------------------------------------------------------
Pollutant I
LA SD ------------------------------
Unlined \1\ Lined \2\
----------------------------------------------------------------------------------------------------------------
Arsenic........................................... ............. .............. \3\ 100 .............
Aldrin/Dieldrin (Total)........................... 2.7 .............. .............. .............
Benzene........................................... \3\ 16 140 3400 .............
Benzo(a)pyrene.................................... 15 \3\ 100 \3\ 100 .............
Bis(2-ethylhexyl)phthalate........................ ............. \3\ 100 \3\ 100 .............
Cadmium........................................... ............. \3\ 100 \3\ 100 .............
Chlordane......................................... 86 \3\ 100 \3\ 100 .............
Chromium.......................................... \4\ .............. \3\ 100 .............
Copper............................................ ............. \3\ 46 \3\ 100 1400
DDD, DDE, DDT (Total)............................. 1.2 2000 2000 .............
2,4 Dichlorophenoxy-acetic acid................... ............. 7 7 .............
Fluoride.......................................... 730 .............. .............. .............
Heptachlor........................................ 7.4 .............. .............. .............
Hexachlorobenzene................................. 29 .............. .............. .............
Hexachlorobutadiene............................... 600 .............. .............. .............
Iron.............................................. \3\ 78 .............. .............. .............
Lead.............................................. ............. \3\ 100 \3\ 100 .............
[[Page 53]]
Lindane........................................... 84 \3\ 28 \3\ 28 .............
Malathion......................................... ............. 0.63 0.63 .............
Mercury........................................... ............. \3\ 100 \3\ 100 .............
Molybdenum........................................ ............. 40 40 .............
Nickel............................................ ............. .............. \3\ 100 .............
N-Nitrosodimethylamine............................ 2.1 0.088 0.088 .............
Pentachlorophenol................................. 30 .............. .............. .............
Phenol............................................ ............. 82 82 .............
Polychlorinated biphenyls......................... 4.6 <50 <50 .............
Selenium.......................................... ............. 4.8 4.8 4.8
Toxaphene......................................... 10 \3\ 26 \3\ 26 .............
Trichloroethylene................................. \3\ 10 9500 \3\ 10 .............
Zinc.............................................. ............. 4500 4500 4500
----------------------------------------------------------------------------------------------------------------
Key: LA--land application.
SD--surface disposal.
I--incineration.
\1\ Sewage sludge unit without a liner and leachate collection system.
\2\ Sewage sludge unit with a liner and leachate collection system.
\3\ Value expressed in grams per kilogram--dry weight basis.
\4\ Value to be determined on a case-by-case basis.
[60 FR 54768, Oct. 25, 1995]
PART 405--DAIRY PRODUCTS PROCESSING POINT SOURCE CATEGORY--Table of Contents
Subpart A--Receiving Stations Subcategory
Sec.
405.10 Applicability; description of the receiving stations
subcategory.
405.11 Specialized definitions.
405.12 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.13 [Reserved]
405.14 Pretreatment standards for existing sources.
405.15 Standards of performance for new sources.
405.16 Pretreatment standards for new sources.
405.17 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart B--Fluid Products Subcategory
Sec.
405.20 Applicability; description of the fluid products subcategory.
405.21 Specialized definitions.
405.22 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.23 [Reserved]
405.24 Pretreatment standards for existing sources.
405.25 Standards of performance for new sources.
405.26 Pretreatment standards for new sources.
405.27 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart C--Cultured Products Subcategory
405.30 Applicability; description of the cultured products subcategory.
405.31 Specialized definitions.
405.32 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.33 [Reserved]
405.34 Pretreatment standards for existing sources.
405.35 Standards of performance for new sources.
405.36 Pretreatment standards for new sources.
[[Page 54]]
405.37 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart D--Butter Subcategory
405.40 Applicability; description of the butter subcategory.
405.41 Specialized definitions.
405.42 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.43 [Reserved]
405.44 Pretreatment standards for existing sources.
405.45 Standards of performance for new sources.
405.46 Pretreatment standards for new sources.
405.47 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart E--Cottage Cheese and Cultured Cream Cheese Subcategory
405.50 Applicability; description of the cottage cheese and cultured
cream cheese subcategory.
405.51 Specialized definitions.
405.52 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.53 [Reserved]
405.54 Pretreatment standards for existing sources.
405.55 Standards of performance for new sources.
405.56 Pretreatment standards for new sources.
405.57 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart F--Natural and Processed Cheese Subcategory
405.60 Applicability; description of the natural and processed cheese
subcategory.
405.61 Specialized definitions.
405.62 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.63 [Reserved]
405.64 Pretreatment standards for existing sources.
405.65 Standards of performance for new sources.
405.66 Pretreatment standards for new sources.
405.67 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart G--Fluid Mix for Ice Cream and Other Frozen Desserts Subcategory
405.70 Applicability; description of the fluid mix for ice cream and
other frozen desserts subcategory.
405.71 Specialized definitions.
405.72 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.73 [Reserved]
405.74 Pretreatment standards for existing sources.
405.75 Standards of performance for new sources.
405.76 Pretreatment standards for new sources.
405.77 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart H--Ice Cream, Frozen Desserts, Novelties and Other Dairy
Desserts Subcategory
405.80 Applicability; description of the ice cream, frozen desserts,
novelties and other dairy desserts subcategory.
405.81 Specialized definitions.
405.82 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.83 [Reserved]
405.84 Pretreatment standards for existing sources.
405.85 Standards of performance for new sources.
405.86 Pretreatment standards for new sources.
405.87 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart I--Condensed Milk Subcategory
405.90 Applicability; description of the condensed milk subcategory.
[[Page 55]]
405.91 Specialized definitions.
405.92 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.93 [Reserved]
405.94 Pretreatment standards for existing sources.
405.95 Standards of performance for new sources.
405.96 Pretreatment standards for new sources.
405.97 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart J--Dry Milk Subcategory
405.100 Applicability; description of the dry milk subcategory.
405.101 Specialized definitions.
405.102 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.103 [Reserved]
405.104 Pretreatment standards for existing sources.
405.105 Standards of performance for new sources.
405.106 Pretreatment standards for new sources.
405.107 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart K--Condensed Whey Subcategory
405.110 Applicability; description of the condensed whey subcategory.
405.111 Specialized definitions.
405.112 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.113 [Reserved]
405.114 Pretreatment standards for existing sources.
405.115 Standards of performance for new sources.
405.116 Pretreatment standards for new sources.
405.117 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart L--Dry Whey Subcategory
405.120 Applicability; description of the dry whey subcategory.
405.121 Specialized definitions.
405.122 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
405.123 [Reserved]
405.124 Pretreatment standards for existing sources.
405.125 Standards of performance for new sources.
405.126 Pretreatment standards for new sources.
405.127 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Authority: Secs. 301, 304 (b) and (c), 306 (b) and (c) and 307(c) of
the 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, et seq., Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.
Source: 39 FR 18597, May 28, 1974, unless otherwise noted.
Subpart A--Receiving Stations Subcategory
Sec. 405.10 Applicability; description of the receiving stations subcategory.
The provisions of this subpart are applicable to discharges
resulting from the operation of receiving stations engaged in the
assembly and reshipment of bulk milk for the use of manufacturing or
processing plants.
Sec. 405.11 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
[[Page 56]]
Sec. 405.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 receiving stations receiving more than 150,000 lb/day of
milk equivalent (15,600 lb/day or more of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.475 0.190
TSS....................................... 0.713 .285
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.048 0.019
TSS....................................... 0.071 .029
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For receiving stations receiving 150,000 lb/day or less of milk
equivalent (under 15,600 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.625 0.313
TSS....................................... 0.938 .469
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.063 0.031
TSS....................................... 0.094 .047
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.13 [Reserved]
Sec. 405.14 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.15 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.100 0.050
TSS....................................... 0.126 .063
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.010 0.005
TSS....................................... 0.013 .006
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.16 Pretreatment standards for new sources.
Any new source subject to this subpart that introduces process
wastewater pollutants into a publicly
[[Page 57]]
owned treatment works must comply with 40 CFR part 403.
[60 FR 33933, June 29, 1995]
Sec. 405.17 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.12 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart B--Fluid Products Subcategory
Sec. 405.20 Applicability; description of the fluid products subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of market milk (ranging from 3.5 percent
fat to fat-free), flavored milk (chocolate and others) and cream (of
various fat concentrations, plain and whipped).
Sec. 405.21 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
Sec. 405.22 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 fluid products plants receiving more than 250,000 lb/day of
milk equivalent (more than 25,900 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 3.375 1.350
TSS....................................... 5.506 2.025
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.338 0.135
TSS....................................... 0.551 .203
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\ Within the range 6.0 to 9.0.
(b) For fluid products plants receiving 250,000 lb/day or less of
milk equivalent (less than 25,900 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 4.50 2.250
TSS....................................... 6.750 3.375
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.450 0.225
TSS....................................... 0.675 .338
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[[Page 58]]
[39 FR 18597, May 28, 1974, as amended at 39 FR 32994, Sept. 13, 1974;
60 FR 33933, June 29, 1995]
Sec. 405.23 [Reserved]
Sec. 405.24 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.25 Standards of performance for new sources.
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.740 0.370
TSS....................................... 0.925 .463
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.074 0.037
TSS....................................... 0.093 .046
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.26 Pretreatment standards for new sources.
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.
[60 FR 33933, June 29, 1995]
Sec. 405.27 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.22 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart C--Cultured Products Subcategory
Sec. 405.30 Applicability; description of the cultured products subcategory.
The provisions of this subpart are applicable discharges resulting
from the manufacture of cultured products, including cultured skim milk
(cultured buttermilk), yoghurt, sour cream and dips of various types.
Sec. 405.31 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
Sec. 405.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 125.30 through 125.32, any existing
point
[[Page 59]]
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 cultured products plants receiving more than 60,000 lb/day
of milk equivalent (more than 6,200 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 3.375 1.350
TSS....................................... 5.063 2.025
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.338 0.135
TSS....................................... 0.506 .203
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For cultured products plants receiving 60,000 lb/day or less of
milk equivalent (less than 6,200 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 4.50 2.250
TSS....................................... 6.750 .3.375
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.450 0.225
TSS....................................... 0.675 .338
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.33 [Reserved]
Sec. 405.34 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.35 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.740 0.370
TSS....................................... 0.926 .463
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.074 0.037
TSS....................................... 0.093 .046
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.36 Pretreatment standards for new sources.
Any new source subject to this subpart that introduces process
wastewater pollutants into a publicly
[[Page 60]]
owned treatment works must comply with 40 CFR part 403.
[60 FR 33933, June 29, 1995]
Sec. 405.37 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.32 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart D--Butter Subcategory
Sec. 405.40 Applicability; description of the butter subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of butter, either by churning or
continuous process.
Sec. 405.41 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
Sec. 405.42 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 plants processing more than 175,000 lb/day of milk
equivalent (more than 18,180 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 1.375 0.550
TSS....................................... 2.063 .825
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.138 0.055
TSS....................................... 0.206 .083
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For plants processing 175,000 lb/day or less of milk equivalent
(less than 18,180 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 1.825 0.913
TSS....................................... 2.738 1.369
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.183 0.091
TSS....................................... .274 .137
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[[Page 61]]
[39 FR 18597, May 28, 1974, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.43 [Reserved]
Sec. 405.44 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]
Sec. 405.45 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.160 0.080
TSS....................................... 0.20 .10
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.016 0.008
TSS....................................... 0.020 .010
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.46 Pretreatment standards for new sources.
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.
[60 FR 33934, June 29, 1995]
Sec. 405.47 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.42 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart E--Cottage Cheese and Cultured Cream Cheese Subcategory
Sec. 405.50 Applicability; description of the cottage cheese and cultured cream cheese subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of cottage cheese and cultured cream
cheese.
Sec. 405.51 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
[[Page 62]]
Sec. 405.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 plants processing more than 25,000 lb/day of milk equivalent
(more than 2,600 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 6.70 2.680
TSS....................................... 10.050 4.020
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.670 0.268
TSS....................................... 1.005 .402
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For plants processing 25,000 lb/day or less of milk equivalent
(less than 2,600 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 8.926 4.463
TSS....................................... 13.388 6.694
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.893 0.446
TSS....................................... 1.339 .669
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33934, June 29, 1995]
Sec. 405.53 [Reserved]
Sec. 405.54 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]
Sec. 405.55 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 1.480 0.740
TSS....................................... 1.850 .925
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.148 0.074
TSS....................................... 0.185 .093
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.56 Pretreatment standards for new sources.
Any new source subject to this subpart that introduces process
wastewater pollutants into a publicly
[[Page 63]]
owned treatment works must comply with 40 CFR part 403.
[60 FR 33934, June 29, 1995]
Sec. 405.57 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.52 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart F--Natural and Processed Cheese Subcategory
Sec. 405.60 Applicability; description of the natural and processed cheese subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of natural cheese (hard curd) and
processed cheese.
Sec. 405.61 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
Sec. 405.62 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 plants processing more than 100,000 lb/day of milk
equivalent (more than 10,390 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.716 0.290
TSS....................................... 1.088 .435
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.073 0.029
TSS....................................... 0.109 .044
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For plants processing 100,000 lb/day or less of milk equivalent
(less than 10,390 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.976 0.488
TSS....................................... 1.462 .731
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.098 0.049
TSS....................................... 0.146 .073
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[[Page 64]]
[39 FR 18597, May 28, 1974, as amended at 39 FR 32993, Sept. 13, 1974;
60 FR 33934, June 29, 1995]
Sec. 405.63 [Reserved]
Sec. 405.64 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]
Sec. 405.65 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.160 0.080
TSS....................................... 0.20 .10
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.016 0.008
TSS....................................... 0.020 .010
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.66 Pretreatment standards for new sources.
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.
[60 FR 33934, June 29, 1995]
Sec. 405.67 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.62 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart G--Fluid Mix for Ice Cream and Other Frozen Desserts Subcategory
Sec. 405.70 Applicability; description of the fluid mix for ice cream and other frozen desserts subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of fluid mixes for ice cream and other
frozen desserts for later freezing in other plants; it does not include
freezing of the products as one of the affected operations.
Sec. 405.71 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
[[Page 65]]
based on either direct analyses or generally accepted published values.
Sec. 405.72 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 plants with a dairy products input of more than 85,000 lb/
day of milk equivalent (more than 8,830 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 2.20 0.880
TSS....................................... 3.30 1.320
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.220 0.068
TSS....................................... 0.330 .132
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For plants with a dairy products input of 85,000 lb/day or less
of milk equivalent (less than 8.830 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 2.926 1.463
TSS....................................... 4.388 2.194
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.293 0.146
TSS....................................... 0.439 .219
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 39 FR 32993, Sept. 13, 1974;
60 FR 33934, June 29, 1995]
Sec. 405.73 [Reserved]
Sec. 405.74 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]
Sec. 405.75 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.480 0.240
TSS....................................... 0.60 .30
pH........................................ (\1\) (\1\)
-----------------------------
[[Page 66]]
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.048 0.024
TSS....................................... 0.060 .030
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.76 Pretreatment standards for new sources.
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.
[60 FR 33934, June 29, 1995]
Sec. 405.77 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.72 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart H--Ice Cream, Frozen Desserts, Novelties and Other Dairy
Desserts Subcategory
Sec. 405.80 Applicability; description of the ice cream, frozen desserts, novelties and other dairy desserts subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of ice cream, ice milk, sherbert, water
ices, stick confections, frozen novelties products, frozen desserts,
melorine, pudding and other dairy product base desserts. If fluid mixes
prepared at another plant are employed, the appropriate values from
subpart G should be deducted from the limitations.
Sec. 405.81 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
Sec. 405.82 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 plants with a dairy products input of more than 85,000 lb/
day of milk equivalent (more than 8,830 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 4.60 1.840
TSS....................................... 6.90 2.760
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.460 0.184
TSS....................................... .690 0.276
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[[Page 67]]
(b) For plants with a dairy products input of 85,000 lb/day or less
of milk equivalent (less than 8,830 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 6.126 3.063
TSS....................................... 9.188 4.594
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.613 0.306
TSS....................................... .919 .459
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33934, June 29, 1995]
Sec. 405.83 [Reserved]
Sec. 405.84 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]
Sec. 405.85 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.940 0.470
TSS....................................... 1.175 .588
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.094 0.047
TSS....................................... 0.118 .059
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.86 Pretreatment standards for new sources.
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.
[60 FR 33934, June 29, 1995]
Sec. 405.87 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.82 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart I--Condensed Milk Subcategory
Sec. 405.90 Applicability; description of the condensed milk subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of condensed whole milk, condensed skim
milk, sweetened
[[Page 68]]
condensed milk and condensed buttermilk.
Sec. 405.91 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analyses or generally accepted published values.
Sec. 405.92 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 plants condensing more than 100,000 lb/day of milk
equivalent (more than 10,390 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 3.450 1.380
TSS....................................... 5.175 2.070
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.345 0.138
TSS....................................... 0.518 .207
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For plants condensing 100,000 lb/day or less of milk equivalent
(less than 10,390 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 4.60 2.30
TSS....................................... 6.90 .450
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.460 0.230
TSS....................................... 0.690 .345
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(c) For plants in the size range covered by paragraph (b) once-
through barometric condenser water may be discharged untreated if the
composite net entrainment is below 15 mg/l of BOD5 for any one day and
below 10 mg/l of BOD5 as the average for thirty consecutive days.
[39 FR 18597, May 28, 1974, as amended at 39 FR 32993, Sept. 13, 1974;
60 FR 33935, June 29, 1995]
Sec. 405.93 [Reserved]
Sec. 405.94 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]
[[Page 69]]
Sec. 405.95 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.760 0.380
TSS....................................... 0.950 .475
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.076 0.038
TSS....................................... 0.095 .048
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 39 FR 32994, Sept. 13, 1974]
Sec. 405.96 Pretreatment standards for new sources.
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.
[60 FR 33935, June 29, 1995]
Sec. 405.97 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.92 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart J--Dry Milk Subcategory
Sec. 405.100 Applicability; description of the dry milk subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of dry whole milk, dry skim milk and dry
buttermilk.
Sec. 405.101 Specialized definitions.
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 ``BOD5 input'' shall mean the biochemical oxygen demand
of the materials entered into process. It can be calculated by
multiplying the fats, proteins and carbohydrates by factors of 0.890,
1.031 and 0.691 respectively. Organic acids (e.g., lactic acids) should
be included as carbohydrates. Composition of input materials may be
based on either direct analysis or generally accepted published values.
Sec. 405.102 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 milk drying plants with an input equivalent to more than
145,000 lb/day of milk equivalent (more than 15,070 lb/day of BOD5
input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
[[Page 70]]
BOD5...................................... 1.625 0.650
TSS....................................... 2.438 .975
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.163 0.065
TSS....................................... 0.244 .098
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For milk drying plants with an input equivalent to 145,000 lb/
day or less of milk equivalent (less than 15,070 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 2.176 1.088
TSS....................................... 3.276 1.638
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.218 0.109
TSS....................................... 0.328 .164
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33935, June 29, 1995]
Sec. 405.103 [Reserved]
Sec. 405.104 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]
Sec. 405.105 Standards of performance for new sources.
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.
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.036 0.018
TSS....................................... 0.450 .225
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.036 0.018
TSS....................................... 0.045 .023
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 39 FR 32993, Sept. 13, 1974]
Sec. 405.106 Pretreatment standards for new sources.
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.
[60 FR 33935, June 29, 1995]
Sec. 405.107 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 125.30 through 125.32, any existing
point source subject to this subpart shall
[[Page 71]]
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 Sec. 401.16) in Sec. 405.102 of this subpart for the best
practicable control technology currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart K--Condensed Whey Subcategory
Sec. 405.110 Applicability; description of the condensed whey subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of condensed sweet whey and condensed
acid whey.
Sec. 405.111 Specialized definitions.
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 BOD5 input shall mean the biochemical oxygen demand of
the materials entered into process. It can be calculated by multiplying
the fats, proteins and carbohydrates by factors of 0.890, 1.031 and
0.691 respectively. Organic acids (e.g., lactic acids) should be
included as carbohydrates. Composition of input materials may be based
on either direct analyses or generally accepted published values.
Sec. 405.112 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 whey condensing plants with over 300,000 lb/day of fluid raw
whey input (over 20,700 lb/day of solids or 14,160 lb/day of BOD5
input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 1.00 0.400
TSS....................................... 1.50 .600
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.100 0.040
TSS....................................... 0.150 .060
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For whey condensing plants with 300,000 lb/day or less of raw
fluid whey input (less than 20,700 lb/day of solids or 14,160 lb/day of
BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-------------
BOD5...................................... 1.30 0.650
TSS....................................... 1.950 .975
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.130 0.065
TSS....................................... 0.195 .098
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(c) For plants in the size range covered in paragraph (b) once-
through barometric condenser water may be discharged untreated if the
composite net entrainment is below 15 mg/1 of BOD5 for any one day and
below 10 mg/1 of BOD5 as the average for thirty consecutive days.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33935, June 29, 1995]
[[Page 72]]
Sec. 405.113 [Reserved]
Sec. 405.114 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]
Sec. 405.115 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.220 0.110
TSS....................................... 0.276 .138
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.022 0.011
TSS....................................... 0.028 .014
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.116 Pretreatment standards for new sources.
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.
[60 FR 33935, June 29, 1995]
Sec. 405.117 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.112 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
Subpart L--Dry Whey Subcategory
Sec. 405.120 Applicability; description of the dry whey subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacture of sweet or acid dry whey.
Sec. 405.121 Specialized definitions.
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 BOD5 input shall mean the biochemical oxygen demand of
the materials entered into process. It can be calculated by multiplying
the fats, proteins and carbohydrates by factors of 0.890, 1.031 and
0.691 respectively. Organic acids (e.g., lactic acids) should be
included as carbohydrates. Composition of input materials may be based
on either direct analyses or generally accepted published values.
[[Page 73]]
Sec. 405.122 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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 whey drying plants with an input equivalent to more than
57,000 lb/day of 40 percent solids whey (22,800 lb/day of solids or
15,620 lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 1.00 0.400
TSS....................................... 1.50 .600
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.100 0.040
TSS....................................... 0.150 .060
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) For whey drying plants with an input equivalent to 57,000 lb/day
or less of 40 percent solids whey (under 22,800 lb/day solids or 15,620
lb/day of BOD5 input).
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 1.30 0.650
TSS....................................... 1.95 .975
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.130 0.065
TSS....................................... 0.195 .098
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 18597, May 28, 1974, as amended at 60 FR 33935, June 29, 1995]
Sec. 405.123 [Reserved]
Sec. 405.124 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]
Sec. 405.125 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of BOD5 input)
-----------------------------
BOD5...................................... 0.220 0.110
TSS....................................... 0.275 .138
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
100 lb of BOD5 input)
-----------------------------
BOD5...................................... 0.022 0.011
[[Page 74]]
TSS....................................... 0.023 .014
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 405.126 Pretreatment standards for new sources.
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.
[60 FR 33935, June 29, 1995]
Sec. 405.127 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 405.122 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24996, July 9, 1986]
PART 406--GRAIN MILLS POINT SOURCE CATEGORY--Table of Contents
Subpart A--Corn Wet Milling Subcategory
Sec.
406.10 Applicability; description of the corn wet milling subcategory.
406.11 Specialized definitions.
406.12 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.13 [Reserved]
406.14 Pretreatment standards for existing sources.
406.15 Standards of performance for new sources.
406.16 Pretreatment standards for new sources.
406.17 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology.
Subpart B--Corn Dry Milling Subcategory
406.20 Applicability; description of the corn dry milling subcategory.
406.21 Specialized definitions.
406.22 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.23 [Reserved]
406.24 Pretreatment standards for existing sources.
406.25 Standards of performance for new sources.
406.26 Pretreatment standards for new sources.
406.27 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart C--Normal Wheat Flour Milling Subcategory
406.30 Applicability; description of the normal wheat flour milling
subcategory.
406.31 Specialized definitions.
406.32 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.33 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
available technology economically achievable.
406.34 Pretreatment standards for existing sources.
406.35 Standards of performance for new sources.
406.36 Pretreatment standards for new sources.
406.37 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart D--Bulgur Wheat Flour Milling Subcategory
406.40 Applicability; description of the bulgur wheat flour milling
subcategory.
406.41 Specialized definitions.
[[Page 75]]
406.42 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of best
practicable control technology currently available.
406.43 [Reserved]
406.44 Pretreatment standards for existing sources.
406.45 Standards of performance for new sources.
406.46 Pretreatment standards for new sources.
406.47 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart E--Normal Rice Milling Subcategory
406.50 Applicability; description of the normal rice milling
subcategory.
406.51 Specialized definitions.
406.52 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.53 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
available technology economically achievable.
406.54 Pretreatment standards for existing sources.
406.55 Standards of performance for new sources.
406.56 Pretreatment standards for new sources.
406.57 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart F--Parboiled Rice Processing Subcategory
406.60 Applicability; description of the parboiled rice processing
subcategory.
406.61 Specialized definitions.
406.62 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.63 [Reserved]
406.64 Pretreatment standards for existing sources.
406.65 Standards of performance for new sources.
406.66 Pretreatment standards for new sources.
406.67 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart G--Animal Feed Subcategory
406.70 Applicability; description of the animal feed subcategory.
406.71 Specialized definitions.
406.72 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.73 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
available technology economically achievable.
406.74 [Reserved]
406.75 Standards of performance for new sources.
406.76 Pretreatment standards for new sources.
406.77 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart H--Hot Cereal Subcategory
406.80 Applicability; description of the hot cereal subcategory.
406.81 Specialized definitions.
406.82 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.83 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
available technology economically achievable.
406.84 [Reserved]
406.85 Standards of performance for new sources.
406.86 Pretreatment standards for new sources.
406.87 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart I--Ready-to-Eat Cereal Subcategory
406.90 Applicability; description of the ready-to-eat cereal
subcategory.
406.91 Specialized definitions.
[[Page 76]]
406.92 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.93-406.94 [Reserved]
406.95 Standards of performance for new sources.
406.96 Pretreatment standards for new sources.
406.97 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart J--Wheat Starch and Gluten Subcategory
406.100 Applicability; description of the wheat starch and gluten
subcategory.
406.101 Specialized definitions.
406.102 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
406.103-406.104 [Reserved]
406.105 Standards of performance for new sources.
406.106 Pretreatment standards for new sources.
406.107 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Authority: Secs. 301, 304 (b) and (c), 306 (b) and (c), 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.
Source: 39 FR 10513, Mar. 20, 1974, unless otherwise noted.
Subpart A--Corn Wet Milling Subcategory
Sec. 406.10 Applicability; description of the corn wet milling subcategory.
The provisions of this subpart are applicable to discharges
resulting from the process in which shelled corn is steeped in a dilute
solution of sulfurous acid and then processed by wet means into such
products as animal feed, regular and modified starches, corn oil, corn
syrup, and dextrose.
Sec. 406.11 Specialized definitions.
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 corn shall mean the shelled corn delivered to a plant
before processing.
(c) The term standard bushel shall mean a bushel of shelled corn
weighing 56 pounds.
(d) The abbreviation MSBu shall mean 1000 standard bushels.
Sec. 406.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
(a) Except as provided in Secs. 125.30 through 125.32, and subject
to the provisions in 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):
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 2.67 0.89
TSS....................................... 4.32 1.08
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 150 50
TSS....................................... 240 60
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) The limitations given in paragraph (a) of this section for BOD5
and TSS are derived for a point source producing products standards to
the corn wet milling industry. For those plants producing modified
starches at a rate of at least 15 percent by dry-basis weight of total
sweetener and starch products per month for 12 consecutive months, the
following limitations should be used to derive an additive adjustment to
the discharge allowed by paragraph (a) of this section:
[[Page 77]]
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 0.81 0.27
TSS....................................... 2.16 .54
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 45 15
TSS....................................... 120 30
------------------------------------------------------------------------
[39 FR 10513, Mar. 20, 1974, as amended at 42 FR 62371, Dec. 12, 1977;
60 FR 33936, June 29, 1995]
Sec. 406.13 [Reserved]
Sec. 406.14 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33036, June 29, 1995]
Sec. 406.15 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 1.08 0.36
TSS....................................... 1.35 .45
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 60 20
TSS....................................... 75 25
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[41 FR 50823, Nov. 18, 1976]
Sec. 406.16 Pretreatment standards for new sources.
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 provisions set forth in paragraph
(a) of this section apply, as well as the following pretreatment
standard which establishes the quantity or quality of pollutants or
pollutant properties controlled by this section which may be discharged
to publicly owned treatment works by a new source subject to the
provisions of this subpart.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
(a) Process waste water shall not be discharged to a POTW at a flow
rate or pollutant mass loading rate which is excessive over any time
period during the peak load at a POTW. Excessive discharges are defined
as those in which the flow of BOD5 or total suspended solids (TSS)
exceed the respective values of P from the following formula:
P=K(Q+R)-S
Where:
[[Page 78]]
P=maximum allowable peak waste load for the new corn wet milling
source to be discharged to the POTW (gallons per one hour for flow and
pounds per day for BOD5 and TSS).
Q=average existing waste load to POTW.
R=average waste load for the new corn wet milling source to be
discharged to POTW.
S=existing peak load of POTW.
K=2. When the ratio of (S/Q) is greater than 1.5, K=3.
Calculations are to be based on dry weather conditions.
[40 FR 52016, Nov. 7, 1975, as amended at 60 FR 33936, June 29, 1995]
Sec. 406.17 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology.
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.
(a) Subject to the provisions in 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 technology economically
achievable:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 1.08 0.36
TSS....................................... 1.62 .54
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 60 20
TSS....................................... 90 30
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
(b) The limitations given in paragraph (a) of this section for BOD5
and TSS are derived for a point source producing products standard to
the corn wet milling industry. For those plants producing modified
starches at a rate of at least 15 percent by dry-basis weight of total
sweetener and starch products per month for 12 consecutive months, the
following limitations should be used to derive an additive adjustment to
the discharge allowed by paragraph (a) of this section:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 0.43 0.14
TSS....................................... 0.66 .22
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 24 8
TSS....................................... 36 12
------------------------------------------------------------------------
[42 FR 62372, Dec. 12, 1977. Redesignated and amended at 44 FR 50739,
Aug. 29, 1979]
Editorial Note: Section 406.17 was indefinitely suspended at 45 FR
45582, July 7, 1980.
Subpart B--Corn Dry Milling Subcategory
Sec. 406.20 Applicability; description of the corn dry milling subcategory.
(a) The provisions of this subpart are applicable to discharges
resulting from the process in which shelled corn is washed and
subsequently milled by dry processes into such products as corn meal,
grits, flour, oil, and animal feed.
(b) The provisions of this subpart do not apply to discharges from
subsequent manufacturing operations to produce expanded or extruded feed
or feed products.
Sec. 406.21 Specialized definitions.
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 corn shall mean the shelled corn delivered to a plant
before processing.
[[Page 79]]
(c) The term standard bushel shall mean a bushel of shelled corn
weighing 56 pounds.
(d) The abbreviation MSBu shall mean 1000 standard bushels.
Sec. 406.22 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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) 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.
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 0.21 0.07
TSS....................................... 0.18 .06
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 12.0 4.0
TSS....................................... 10.5 3.5
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10513, Mar. 20, 1974, as amended at 60 FR 33936, June 29, 1995]
Sec. 406.23 [Reserved]
Sec. 406.24 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33936, June 29, 1995]
Sec. 406.25 Standards of performance for new sources.
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 part:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of corn)
-----------------------------
BOD5...................................... 0.11 0.036
TSS....................................... 0.054 0.18
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of corn)
-----------------------------
BOD5...................................... 6.0 2.0
TSS....................................... 3.0 1.0
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 406.26 Pretreatment standards for new sources.
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.
[60 FR 33936, June 29, 1995]
Sec. 406.27 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 125.30 through 125.32, any existing
point source subject to this subpart shall
[[Page 80]]
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 Sec. 401.16) in Sec. 406.22 of this subpart for the best
practicable control technology currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart C--Normal Wheat Flour Milling Subcategory
Sec. 406.30 Applicability; description of the normal wheat flour milling subcategory.
The provisions of this subpart are applicable to discharges
resulting from the processes in which wheat and other grains are milled
by dry processes into flour and millfeed.
Sec. 406.31 Specialized definitions.
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.
Sec. 406.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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.
[60 FR 33936, June 29, 1995]
Sec. 406.33 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology
economically achievable.
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.
Sec. 406.34 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
BOD5...................................... No limitation.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33936, June 29, 1995]
Sec. 406.35 Standards of performance for new sources.
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.
Sec. 406.36 Pretreatment standards for new sources.
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.
[60 FR 33936, June 29, 1995]
Sec. 406.37 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 125.30 through 125.32, any existing
point source subject to this subpart shall
[[Page 81]]
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 Sec. 401.16) in Sec. 406.32 of this subpart for the best
practicable control technology currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart D--Bulgur Wheat Flour Milling Subcategory
Sec. 406.40 Applicability; description of the bulgur wheat flour milling subcategory.
The provisions of this subpart are applicable to discharges
resulting from the process in which wheat is parboiled, dried, and
partially debranned in the production of bulgur.
Sec. 406.41 Specialized definitions.
For the purpose of the 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 wheat shall mean wheat delivered to a plant before
processing.
(c) The term standard bushel shall mean a bushel of wheat weighing
60 pounds.
(d) The abbreviation MSBu shall mean 1,000 standard bushels.
Sec. 406.42 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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):
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of wheat)
-----------------------------
BOD5...................................... 0.025 0.0083
TSS....................................... 0.025 .0083
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of wheat)
-----------------------------
BOD5...................................... 1.50 0.50
TSS....................................... 1.50 .50
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10513, Mar. 20, 1974, as amended at 60 FR 33936, June 29, 1995]
Sec. 406.43 [Reserved]
Sec. 406.44 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33936, June 29, 1995]
Sec. 406.45 Standards of performance for new sources.
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:
[[Page 82]]
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of wheat)
-----------------------------
BOD5...................................... 0.015 0.005
TSS....................................... 0.0099 .0033
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 stdbu of wheat)
-----------------------------
BOD5...................................... 0.90 0.30
TSS....................................... 0.60 .20
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 406.46 Pretreatment standards for new sources.
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.
[60 FR 33937, June 29, 1995]
Sec. 406.47 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.42 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart E--Normal Rice Milling Subcategory
Sec. 406.50 Applicability; description of the normal rice milling subcategory.
The provisions of this subpart are applicable to discharges
resulting from the process in which rice is cleaned and milled by dry
processes.
Sec. 406.51 Specialized definitions.
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.
Sec. 406.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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.
[60 FR 33937, June 29, 1995]
Sec. 406.53 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology
economically achievable.
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.
Sec. 406.54 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
BOD5...................................... No limitation.
[[Page 83]]
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.55 Standards of performance for new sources.
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.
Sec. 406.56 Pretreatment standards for new sources.
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.
[60 FR 33937, June 29, 1995]
Sec. 406.57 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.52 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart F--Parboiled Rice Processing Subcategory
Sec. 406.60 Applicability; description of the parboiled rice processing subcategory.
The provisions of this subpart are applicable to discharges
resulting from the process in which rice is cleaned, cooked and dried
before being milled.
Sec. 406.61 Specialized definitions.
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 ``rice'' shall mean rice delivered to a plant before
processing.
(c) The abbreviation ``cwt'' shall mean hundred weight.
Sec. 406.62 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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):
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of rice)
-----------------------------
BOD5...................................... 0.42 0.14
TSS....................................... 0.24 .08
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
hundredweight of rice)
-----------------------------
BOD5...................................... 0.042 0.014
TSS....................................... 0.024 .008
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10513, Mar. 20, 1974, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.63 [Reserved]
Sec. 406.64 Pretreatment standards for existing sources.
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
[[Page 84]]
by this section which may be discharged to a publicly owned treatment
works by a point source subject to the provisions of this subpart.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.65 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of rice)
-----------------------------
BOD5...................................... 0.21 0.07
TSS....................................... 0.09 .03
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
hundredweight of rice)
-----------------------------
BOD5...................................... 0.021 0.007
TSS....................................... 0.009 .003
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 406.66 Pretreatment standards for new sources.
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.
[60 FR 33937, June 29, 1995]
Sec. 406.67 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.62 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart G--Animal Feed Subcategory
Source: 40 FR 918, Jan. 3, 1975, unless otherwise noted.
Sec. 406.70 Applicability; description of the animal feed subcategory.
The provisions of this subpart are applicable to discharges
resulting from the manufacturing of animal feeds (formula feed
concentrate) using primarily grain and grain by-products which may be
supplemented by proteins, pharmaceuticals, vitamins or mineral
additives.
Sec. 406.71 Specialized definitions.
For the purpose of this subpart: The general definitions,
abbreviations and methods of analysis set forth in 40 CFR part 401 shall
apply to this subpart.
Sec. 406.72 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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.
[60 FR 33937, June 29, 1995]
[[Page 85]]
Sec. 406.73 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology
economically achievable.
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.
Sec. 406.74 [Reserved]
Sec. 406.75 Standards of performance for new sources.
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.
Sec. 406.76 Pretreatment standards for new sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 918, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.77 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.72 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart H--Hot Cereal Subcategory
Source: 40 FR 918, Jan. 3, 1975, unless otherwise noted.
Sec. 406.80 Applicability; description of the hot cereal subcategory.
The provisions of this subpart are applicable to discharges
resulting from the production of various breakfast cereals from grains,
principally wheat and oats, requiring cooking prior to normal human
consumption.
Sec. 406.81 Specialized definitions.
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.
(b) The term cereal shall mean breakfast cereal.
Sec. 406.82 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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.
[60 FR 33937, June 29, 1995]
[[Page 86]]
Sec. 406.83 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology
economically achievable.
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.
Sec. 406.84 [Reserved]
Sec. 406.85 Standards of performance for new sources.
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.
Sec. 406.86 Pretreatment standards for new sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 918, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.87 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.82 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart I--Ready-To-Eat Cereal Subcategory
Source: 40 FR 919, Jan. 3, 1975, unless otherwise noted.
Sec. 406.90 Applicability; description of the ready-to-eat cereal subcategory.
The provisions of this subpart are applicable to discharges
resulting from the processing of various grains and other materials
(whole grain wheat, rice, corn grits, oat flour, sugar, and minor
ingredients) to produce various breakfast cereals normally available for
human consumption without cooking.
Sec. 406.91 Specialized definitions.
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.
(b) The term cereal shall mean breakfast cereal.
Sec. 406.92 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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):
[[Page 87]]
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kg/kkg of
cereal product)
-----------------------------
BOD5...................................... 1.2 0.40
TSS....................................... 1.2 0.40
pH........................................ (\1\) (\1\)
-----------------------------
English units (lb/1,000 lb
of cereal product)
-----------------------------
BOD5...................................... 1.2 0.40
TSS....................................... 1.2 0.40
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[40 FR 919, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995]
Secs. 406.93--406.94 [Reserved]
Sec. 406.95 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kg/kkg of
cereal product)
-----------------------------
BOD5...................................... 0.60 0.20
TSS....................................... 0.45 0.15
pH........................................ (\1\) (\1\)
-----------------------------
English units (lb/1,000 lb
of cereal product)
-----------------------------
BOD5...................................... 0.60 0.20
TSS....................................... 0.45 0.15
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 406.96 Pretreatment standards for new sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 919, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.97 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.92 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart J--Wheat Starch and Gluten Subcategory
Source: 40 FR 920, Jan. 3, 1975, unless otherwise noted.
Sec. 406.100 Applicability; description of the wheat starch and gluten subcategory.
The provisions of this subpart are applicable to discharges
resulting from those industrial operations utilizing wheat flour as a
raw material for production of wheat starch and gluten (protein)
components through conventional processes of physical separation and
subsequent refinement.
Sec. 406.101 Specialized definitions.
For the purpose of this subpart: The general definitions,
abbreviations and methods of analysis set forth in 40 CFR part 401 shall
apply to this subpart.
[[Page 88]]
Sec. 406.102 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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):
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kg/kkg of raw
material (wheat flour))
-----------------------------
BOD5...................................... 6.0 2.0
TSS....................................... 6.0 2.0
pH........................................ (\1\) (\1\)
-----------------------------
English units (lb/1,000 lb
of raw material (wheat
flour))
-----------------------------
BOD5...................................... 6.0 2.0
TSS....................................... 6.0 2.0
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[40 FR 920, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995]
Secs. 406.103--406.104 [Reserved]
Sec. 406.105 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kg/kkg of raw
material (wheat flour))
-----------------------------
BOD5...................................... 3.0 1.0
TSS....................................... 3.0 1.0
pH........................................ (\1\) (\1\)
-----------------------------
English units (lb/1,000 lb
of raw material (wheat
flour))
-----------------------------
BOD5...................................... 3.0 1.0
TSS....................................... 3.0 1.0
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
Sec. 406.106 Pretreatment standards for new sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 920, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995]
Sec. 406.107 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 406.102 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
[[Page 89]]
PART 407--CANNED AND PRESERVED FRUITS AND VEGETABLES PROCESSING POINT SOURCE CATEGORY--Table of Contents
Subpart A--Apple Juice Subcategory
Sec.
407.10 Applicability; description of the apple juice subcategory.
407.11 Specialized definitions.
407.12 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.13 [Reserved]
407.14 Pretreatment standards for existing sources.
407.15 Standards of performance for new sources.
407.16 Pretreatment standards for new sources.
407.17 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart B--Apple Products Subcategory
407.20 Applicability; description of the apple products subcategory.
407.21 Specialized definitions.
407.22 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.23 [Reserved]
407.24 Pretreatment standards for existing sources.
407.25 Standards of performance for new sources.
407.26 Pretreatment standards for new sources.
407.27 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart C--Citrus Products Subcategory
407.30 Applicability; description of the citrus products subcategory.
407.31 Specialized definitions.
407.32 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.33 [Reserved]
407.34 Pretreatment standards for existing sources.
407.35 Standards of performance for new sources.
407.36 Pretreatment standards for new sources.
407.37 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart D--Frozen Potato Products Subcategory
407.40 Applicability; description of the frozen potato products
subcategory.
407.41 Specialized definitions.
407.42 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.43 [Reserved]
407.44 Pretreatment standards for existing sources.
407.45 Standards of performance for new sources.
407.46 Pretreatment standards for new sources.
407.47 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart E--Dehydrated Potato Products Subcategory
407.50 Applicability; description of the dehydrated potato products
subcategory.
407.51 Specialized definitions.
407.52 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.53 [Reserved]
407.54 Pretreatment standards for existing sources.
407.55 Standards of performance for new sources.
407.56 Pretreatment standards for new sources.
407.57 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart F--Canned and Preserved Fruits Subcategory
407.60 Applicability; description of the canned and preserved fruits
subcategory.
407.61 Specialized definitions.
[[Page 90]]
407.62 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.63 [Reserved]
407.64 Pretreatment standards for existing sources.
407.65 [Reserved]
407.66 Pretreatment standards for new sources.
407.67 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart G--Canned and Preserved Vegetables Subcategory
407.70 Applicability; description of the canned and preserved
vegetables subcategory.
407.71 Specialized definitions.
407.72 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.73 [Reserved]
407.74 Pretreatment standards for existing sources.
407.75 [Reserved]
407.76 Pretreatment standards for new sources.
407.77 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Subpart H--Canned and Miscellaneous Specialities Subcategory
407.80 Applicability; description of the canned and miscellaneous
specialties subcategory.
407.81 Specialized definitions.
407.82 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
practicable control technology currently available.
407.83 [Reserved]
407.84 Pretreatment standards for existing sources.
407.85 [Reserved]
407.86 Standards of performance for new sources.
407.87 Effluent limitations guidelines representing the degree of
effluent reduction attainable by the application of the best
conventional pollutant control technology (BCT).
Authority: Secs. 301, 304 (b) and (c), 306 (b) and (c), 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.
Source: 39 FR 10864, Mar. 21, 1974, unless otherwise noted.
Subpart A--Apple Juice Subcategory
Sec. 407.10 Applicability; description of the apple juice subcategory.
The provisions of this subpart are applicable to discharges
resulting from the processing of apples into apple juice or apple cider.
When a plant is subject to effluent limitations covering more than one
subcategory, the plant discharge limitation shall be set by proration
limitations for each subcategory based on the total raw material covered
by each subcategory.
Sec. 407.11 Specialized definitions.
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.
Sec. 407.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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):
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of raw material)
-----------------------------
BOD5...................................... 0.60 0.30
TSS....................................... 0.80 .40
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 lb of raw material)
-----------------------------
BOD5...................................... 0.60 0.30
TSS....................................... 0.80 .40
[[Page 91]]
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10864, Mar. 21, 1974, as amended at 60 FR 33938, June 29, 1995]
Sec. 407.13 [Reserved]
Sec. 407.14 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33938, June 29, 1995]
Sec. 407.15 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of raw material
-----------------------------
BOD5...................................... 0.20 0.10
TSS....................................... 0.20 .10
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 lb of raw material)
-----------------------------
BOD5...................................... 0.20 0.10
TSS....................................... 0.20 .10
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10864, Mar. 21, 1974, as amended at 41 FR 48737, Nov. 5, 1976]
Sec. 407.16 Pretreatment standards for new sources.
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.
[60 FR 33938, June 29, 1995]
Sec. 407.17 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 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 Sec. 401.16) in
Sec. 407.12 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart B--Apple Products Subcategory
Sec. 407.20 Applicability; description of the apple products subcategory.
The provisions of this subpart are applicable to discharges
resulting from the processing of apples into apple products. The
processing of apples into caustic peeled or dehydrated products is
specifically excluded. When a plant
[[Page 92]]
is subject to effluent limitations covering more than one subcategory,
the plant discharge limitation shall be set by proration limitations,
for each subcategory based on the total raw material covered by each
subcategory.
Sec. 407.21 Specialized definitions.
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.
Sec. 407.22 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control
technology currently available.
Except as provided in Secs. 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):
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of raw material)
-----------------------------
BOD5...................................... 1.10 0.55
TSS....................................... 1.40 .70
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 lb of raw material
-----------------------------
BOD5...................................... 1.10 0.55
TSS....................................... 1.40 .70
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10864, Mar. 21, 1974, as amended at 60 FR 33938, June 29, 1995]
Sec. 407.23 [Reserved]
Sec. 407.24 Pretreatment standards for existing sources.
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.
------------------------------------------------------------------------
Pollutant or pollutant property Pretreatment standard
------------------------------------------------------------------------
pH........................................ No limitation.
BOD5...................................... Do.
TSS....................................... Do.
------------------------------------------------------------------------
[40 FR 6437, Feb. 11, 1975, as amended at 60 FR 33938, June 29, 1995]
Sec. 407.25 Standards of performance for new sources.
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:
------------------------------------------------------------------------
Effluent limitations
-----------------------------
Average of daily
Effluent characteristic Maximum values for 30
for any 1 consecutive days
day shall not
exceed--
------------------------------------------------------------------------
Metric units (kilograms per
1,000 kg of raw material)
-----------------------------
BOD5...................................... 0.20 0.10
TSS....................................... 0.20 .10
pH........................................ (\1\) (\1\)
-----------------------------
English units (pounds per
1,000 lb of raw material)
-----------------------------
BOD5...................................... 0.20 0.10
TSS....................................... 0.20 .10
pH........................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\Within the range 6.0 to 9.0.
[39 FR 10864, Mar. 21, 1974, as amended at 41 FR 48737, Nov. 5, 1976]
Sec. 407.26 Pretreatment standards for new sources.
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.
[60 FR 33938, June 29, 1995]
Sec. 407.27 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant
control technology (BCT).
Except as provided in Secs. 125.30 through 125.32, any existing
point
[[Page 93]]
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 Sec. 401.16) in
Sec. 407.22 of this subpart for the best practicable control technology
currently available (BPT).
[51 FR 24997, July 9, 1986]
Subpart C--Citrus Products Subcategory