All discharges subject to pretreatment standards for existing sources (PSES) in subparts A and B of this part must comply with the standards no later than September 28, 1993.

[61 FR 57549, Nov. 6, 1996]

(a) For the purpose of calculating and applying effluent limitations for COD, BOD5, and TSS, and applying pH limits under BPT (§ 455.22), BCT (§ 455.23), and NSPS (§ 455.25), the provisions of this subpart are applicable to discharges resulting from the manufacture of organic pesticide active ingredients and organo-tin pesticide active ingredients, excluding the following: Allethrin; Benzyl Benzoate; Bisethylxanthogen; Chlorophacinone; Coumafuryl; Dimethyl Phthalate; Diphacinone; Endothall Acid; EXD (Herbisan); Gibberellic Acid; Glyphosate; Naphthalene Acetic Acid; Propargite; 1,8 Naphthalic Anhydride; Quinmethionate; Rotenone; Sulfoxide; Triazine compounds (both symmetrical and asymmetrical); and Warfarin and similar anticoagulants. Provided, however, that the effluent limitations of this subpart for BOD5 and TSS, but not COD, apply to manufacturers of Ametryn, Prometon, Prometryn, Terbutryn, Cyanazine, Atrazine, Propazine, Simazine, Terbuthylazine, Hexazinone, and Glyphosate.

(b) For the purpose of calculating BPT effluent limitations for organic Pesticide chemicals, the provisions of this subpart are applicable to discharges resulting from the manufacture of the following organic active ingredients: Aldrin, BHC, Captan, Chlordane, DDD, DDE, DDT, Dichloran, Dieldrin, Endosulfan, Endrin, Heptachlor, Lindane, Methoxychlor, Mirex, PCNB, Toxaphene, Trifluralin, Azinphos Methyl, Demeton-O, Demeton-S, Diazinon, Disulfoton, Malathion, Parathion Methyl, Parathion Ethyl, Aminocarb, Carbaryl, Methiocarb, Mexacarbate, Propoxur, Barban, Chlorpropham, Diuron, Fenuron, Fenuron-TCA, Linuron, Monuron, Monuron-TCA, Neubron, Propham, Swep, 2,4-D, Dicamba, Silvex, 2,4,5-T, Siduron, Perthane, and Dicofol.

(c) The intermediates used to manufacture the active ingredients and active ingredients used solely in experimental pesticides are excluded from coverage in this subpart. Insecticidal pathogenic organisms such as Bacillus thuringiensis, insect growth hormones, plant extracts such as pyrethrins; sex attractants and botanicals such as Rotenone are also excluded from BPT coverage in this subpart.

(d) A plant that manufactures a pesticide active ingredient listed in Table 1 of this part must comply with the BAT effluent limitations and new source performance and pretreatment standards for that pesticide active ingredient listed in table 2 (BAT and PSES) or Table 3 of this part (NSPS and PSNS). A plant that manufactures a pesticide active ingredient listed in Table 1 of this part must also comply with the BAT effluent limitations and new source performance and pretreatment standards for priority pollutants listed in Tables 4, 5 and 6 of this part. The limitations in Table 4 of this part (BAT and NSPS) are applicable to existing and new direct discharge point sources that use End-of-Pipe biological treatment. The limitations in Table 5 of this part (BAT and NSPS) are applicable to existing and new direct discharge point sources that do not use end-of-pipe biological treatment. The limitations in Table 6 of this part (PSES and PSNS) are applicable to existing and new sources that discharge to Publicly Owned Treatment Works.

(e) In the case of lead and total cyanide, the discharge quantity (mass) shall be determined by multiplying the concentrations listed in the applicable tables in this subpart times the flow from non-complexed lead-bearing waste streams for lead and times the flow from non-complexed cyanide-bearing waste streams for total cyanide. Discharges of cyanide in cyanide-bearing waste streams are not subject to the cyanide limitation and standards of this subpart if the permit writer or control authority determines that the cyanide limitations and standards are not achievable due to elevated levels of non-amenable cyanide (i.e., cyanide that is not oxidized by chlorine treatment) that result from the unavoidable complexing of cyanide at the process source of the cyanide-bearing waste stream and establishes an alternative total cyanide or amenable cyanide limitation that reflects the best available technology economically achievable. The determination must be based upon a review of relevant engineering, production, and sampling and analysis information, including measurements of both total and amenable cyanide in the waste stream. An analysis of the extent of complexing in the waste stream, based on the foregoing information, and its impact on cyanide treatability shall be set forth in writing and, for direct dischargers, be contained in the fact sheet required by 40 CFR 124.8.

[43 FR 44846, Sept. 29, 1978, as amended at 50 FR 40702, Oct. 4, 1985; 51 FR 44911, Dec. 15, 1986; 58 FR 50689, Sept. 28, 1993]

(a) Organic active ingredients means carbon-containing active ingredients used in pesticides, excluding metalloorganic active ingredients.

(b) Total organic active ingredients means the sum of all organic active ingredients covered by § 455.20(a) which are manufactured at a facility subject to this subpart.

(c) Organic pesticide chemicals means the sum of all organic active ingredients listed in § 455.20(b) which are manufactured at a facility subject to this subpart.

(d) Process wastewater flow means the sum of the average daily flows from the following wastewater streams: Process stream and product washes, equipment and floor washes, water used as solvent for raw materials, water used as reaction medium, spent acids, spent bases, contact cooling water, water of reaction, air pollution control blowdown, steam jet blowdown, vacuum pump water, pump seal water, safety equipment cleaning water, shipping container cleanout, safety shower water, contaminated storm water, and product/process laboratory quality control wastewater. Notwithstanding any other regulation, process wastewater flow for the purposes of this subpart does not include wastewaters from the production of intermediate chemicals.

(e) Process wastewater pollutants means those pollutants present in process wastewater flow.

[43 FR 44846, Sept. 29, 1978, as amended at 58 FR 50689, Sept. 28, 1993]

Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). The following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the manufacture of organic active ingredient:

[43 FR 44846, Sept. 29, 1978, as amended at 60 FR 33971, June 29, 1995]

Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology: The limitations for BOD, TSS and pH are the same as those specified in 40 CFR 455.22.

[58 FR 50689, Sept. 28, 1993]

Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology as specified in 40 CFR 455.20(d). For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multipying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21 (d) times the concentrations listed in table 4 or table 5 of this part, as appropriate, of this subpart.

[58 FR 50690, Sept. 28, 1993]

(a) Any new source subject to this subpart which discharges process wastewater pollutants must achieve the new source performance standards specified in 40 CFR 455.20(d), and subject to 455.20(a), must meet the following standards for BOD5, TSS, COD and pH:

(b) For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in table 4 or table 5 of this part, as appropriate, of this subpart.

[58 FR 50690, Sept. 28, 1993]

Except as provided in 40 CFR 403.7, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources (PSES) as specified in 40 CFR 455.20(d). For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in Table 6 of this part. If mass limitations have not been developed as required, the source shall achieve discharges not exceeding the concentration limitations listed in Table 6 of this part.

[58 FR 50690, Sept. 28, 1993]

Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the pretreatment standards for new sources (PSNS) as specified in 40 CFR 455.20(d). For the priority pollutants, the source must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in table 6 of this part. If mass limitations have not been developed as required, the source shall achieve discharges not exceeding the concentration limitations listed in table 6 of this part.

[58 FR 50690, Sept. 28, 1993]