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Electronic Code of Federal Regulations

e-CFR data is current as of May 26, 2020

Title 40Chapter ISubchapter N → Part 405


Title 40: Protection of Environment


PART 405—DAIRY PRODUCTS PROCESSING POINT SOURCE CATEGORY


Contents

Subpart A—Receiving Stations Subcategory

§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

§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.
§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.
§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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.4750.190
TSS0.713.285
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0480.019
TSS0.071.029
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.6250.313
TSS0.938.469
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0630.031
TSS0.094.047
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33933, June 29, 1995]

§405.13   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.1000.050
TSS0.126.063
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0100.005
TSS0.013.006
pH(1)(1)

1Within the range 6.0 to 9.0.

§405.16   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 33933, June 29, 1995]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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).

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD53.3751.350
TSS5.5062.025
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.3380.135
TSS0.551.203
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD54.502.250
TSS6.7503.375
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.4500.225
TSS0.675.338
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 39 FR 32994, Sept. 13, 1974; 60 FR 33933, June 29, 1995]

§405.23   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]

§405.25   Standards of performance for new sources.

Effluent characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.7400.370
TSS0.925.463
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0740.037
TSS0.093.046
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 cultured products plants receiving more than 60,000 lb/day of milk equivalent (more than 6,200 lb/day of BOD5 input).

Effluent characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD53.3751.350
TSS5.0632.025
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.3380.135
TSS0.506.203
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD54.502.250
TSS6.750.3.375
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.4500.225
TSS0.675.338
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33933, June 29, 1995]

§405.33   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.7400.370
TSS0.926.463
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0740.037
TSS0.093.046
pH(1)(1)

1Within the range 6.0 to 9.0.

§405.36   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 33933, June 29, 1995]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §405.32 of this subpart for the best practicable control technology currently available (BPT).

[51 FR 24996, July 9, 1986]

Subpart D—Butter Subcategory

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.3750.550
TSS2.063.825
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1380.055
TSS0.206.083
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.8250.913
TSS2.7381.369
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1830.091
TSS.274.137
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33933, June 29, 1995]

§405.43   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33933, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.1600.080
TSS0.20.10
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0160.008
TSS0.020.010
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD56.702.680
TSS10.0504.020
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.6700.268
TSS1.005.402
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD58.9264.463
TSS13.3886.694
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.8930.446
TSS1.339.669
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33934, June 29, 1995]

§405.53   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.4800.740
TSS1.850.925
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1480.074
TSS0.185.093
pH(1)(1)

1Within the range 6.0 to 9.0.

§405.56   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 33934, June 29, 1995]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.7160.290
TSS1.088.435
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0730.029
TSS0.109.044
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.9760.488
TSS1.462.731
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0980.049
TSS0.146.073
pH(1)(1)

1Within 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]

§405.63   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6434, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.1600.080
TSS0.20.10
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0160.008
TSS0.020.010
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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 based on either direct analyses or generally accepted published values.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD52.200.880
TSS3.301.320
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.2200.068
TSS0.330.132
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD52.9261.463
TSS4.3882.194
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.2930.146
TSS0.439.219
pH(1)(1)

1Within 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]

§405.73   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.4800.240
TSS0.60.30
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0480.024
TSS0.060.030
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD54.601.840
TSS6.902.760
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.4600.184
TSS.6900.276
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD56.1263.063
TSS9.1884.594
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.6130.306
TSS.919.459
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33934, June 29, 1995]

§405.83   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33934, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.9400.470
TSS1.175.588
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0940.047
TSS0.118.059
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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 condensed milk and condensed buttermilk.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD53.4501.380
TSS5.1752.070
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.3450.138
TSS0.518.207
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD54.602.30
TSS6.90.450
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.4600.230
TSS0.690.345
pH(1)(1)

1Within 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]

§405.93   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.7600.380
TSS0.950.475
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0760.038
TSS0.095.048
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 39 FR 32994, Sept. 13, 1974]

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.6250.650
TSS2.438.975
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1630.065
TSS0.244.098
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD52.1761.088
TSS3.2761.638
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.2180.109
TSS0.328.164
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33935, June 29, 1995]

§405.103   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.0360.018
TSS0.450.225
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0360.018
TSS0.045.023
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 39 FR 32993, Sept. 13, 1974]

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.000.400
TSS1.50.600
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1000.040
TSS0.150.060
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.300.650
TSS1.950.975
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1300.065
TSS0.195.098
pH(1)(1)

1Within 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]

§405.113   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.2200.110
TSS0.276.138
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0220.011
TSS0.028.014
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §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

§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.

§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.

§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 §§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.000.400
TSS1.50.600
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1000.040
TSS0.150.060
pH(1)(1)

1Within 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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD51.300.650
TSS1.95.975
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.1300.065
TSS0.195.098
pH(1)(1)

1Within the range 6.0 to 9.0.

[39 FR 18597, May 28, 1974, as amended at 60 FR 33935, June 29, 1995]

§405.123   [Reserved]

§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 propertyPretreatment standard
pHNo limitation.
BOD5      Do.
TSS      Do.

[40 FR 6435, Feb. 11, 1975, as amended at 60 FR 33935, June 29, 1995]

§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 characteristicEffluent limitations
Maximum for any 1 dayAverage of daily values for 30 consecutive days shall not exceed—
Metric units (kilograms per 1,000 kg of BOD5 input)
BOD50.2200.110
TSS0.275.138
pH(1)(1)
English units (pounds per 100 lb of BOD5 input)
BOD50.0220.011
TSS0.023.014
pH(1)(1)

1Within the range 6.0 to 9.0.

§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]

§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 §§125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in §401.16) in §405.122 of this subpart for the best practicable control technology currently available (BPT).

[51 FR 24996, July 9, 1986]

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