Electronic Code of Federal Regulations

e-CFR data is current as of October 22, 2020

Title 40 → Chapter I → Subchapter N → Part 455

Title 40: Protection of Environment

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PART 455—PESTICIDE CHEMICALS

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Contents
§455.10   General definitions.

Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory

§455.11   Compliance date for pretreatment standards for existing sources (PSES).
§455.20   Applicability; description of the organic pesticide chemicals manufacturing subcategory.
§455.21   Specialized definitions.
§455.22   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
§455.23   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
§455.24   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT).
§455.25   New source performance standards (NSPS).
§455.26   Pretreatment standards for existing sources (PSES).
§455.27   Pretreatment standards for new sources (PSNS).

Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory

§455.30   Applicability; description of the metallo-organic pesticide chemicals manufacturing subcategory.
§455.31   Specialized definitions.
§455.32   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
§455.33   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). [Reserved]
§455.34   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT). [Reserved]
§455.35   New source performance standards (NSPS). [Reserved]
§455.36   Pretreatment standards for existing sources (PSES). [Reserved]
§455.37   Pretreatment standards for new sources (PSNS). [Reserved]

Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory

§455.40   Applicability; description of the pesticide formulating, packaging and repackaging subcategory.
§455.41   Special definitions.
§455.42   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, (BPT).
§455.43   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
§455.44   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT).
§455.45   New source performance standards (NSPS).
§455.46   Pretreatment standards for existing sources (PSES).
§455.47   Pretreatment standards for new sources (PSNS).

Subpart D—Test Methods for Pesticide Pollutants

§455.50   Identification of test procedures.

Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments

§455.60   Applicability; description of repackaging of agricultural pesticides performed by refilling establishments subcategory.
§455.61   Special definitions.
§455.62   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology (BPT).
§455.63   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
§455.64   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).
§455.65   New source performance standards (NSPS).
§455.66   Pretreatment standards for existing sources (PSES).
§455.67   Pretreatment standards for new sources (PSNS).
Table 1 to Part 455—List of Organic Pesticide Active Ingredients
Table 2 to Part 455—Organic Pesticide Active Ingredient Effluent Limitations Best Available Technology Economically Achievable (BAT) and Pretreatment Standards for Existing Sources (PSES)
Table 3 to Part 455—Organic Pesticide Active Ingredient New Source Performance Standards (NSPS) and Pretreatment Standards for New Sources (PSNS)
Table 4 to Part 455—BAT and NSPS Effluent Limitations for Priority Pollutants for Direct Discharge Point Sources That use End-of-Pipe Biological Treatment
Table 5 to Part 455—BAT and NSPS Effluent Limitations for Priority Pollutants for Direct Discharge Point Sources That Do Not Use End-of-Pipe Biological Treatment
Table 6 to Part 455—PSES and PSNS for Priority Pollutants
Table 7 to Part 455 [Reserved]
Table 8 to Part 455—List of Pollution Prevention Alternative Practices
Table 9 to Part 455—Group 2 Mixtures
Table 10 to Part 455—List of Appropriate Pollution Control Technologies

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Source: 43 FR 17776, Apr. 25, 1978, unless otherwise noted.

§455.10   General definitions.

As used in this part:

(a)(1) Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.

(b) Active ingredient means an ingredient of a pesticide which is intended to prevent, destroy, repel, or mitigate any pest.

(c) Pesticide chemicals means the sum of all active ingredients manufactured at each facility covered by this part.

(d) Pest means: (1) Any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except virusus, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under section 25(c)(1) of Pub. L. 94-140, Federal Insecticide, Fungicide and Rodenticide Act.

(e) Except as provided in this regulation, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this part.

(f) Priority Pollutants means the toxic pollutants listed in 40 CFR part 423, appendix A.

(g) Appropriate pollution control technology means the wastewater treatment technology listed in Table 10 to this part 455 for a particular PAI(s) including an emulsion breaking step prior to the listed technology when emulsions are present in the wastewater to be treated.

(h) Equivalent system means a wastewater treatment system that is demonstrated in literature, treatability tests or self-monitoring data to remove a similar level of pesticide active ingredient (PAI) or priority pollutants as the applicable appropriate pollution control technology listed in Table 10 to this part 455.

(i) Formulation of pesticide products means the process of mixing, blending or diluting one or more pesticide active ingredients (PAIs) with one or more active or inert ingredients, without an intended chemical reaction to obtain a manufacturing use product or an end use product.

(j) Group 1 mixtures means any product whose only pesticidal active ingredient(s) is: a common food/food constituent or non-toxic household item; or is a substance that is generally recognized as safe (GRAS) by the Food and Drug Administration (21 CFR 170.30, 182, 184, and 186) in accordance with good manufacturing practices, as defined by 21 CFR part 182; or is exempt from FIFRA under 40 CFR 152.25.

(k) Group 2 mixtures means those chemicals listed in Table 9 to this part 455.

(l) Inorganic wastewater treatment chemicals means inorganic chemicals that are commonly used in wastewater treatment systems to aid in the removal of pollutants through physical/chemical technologies such as chemical precipitation, flocculation, neutralization, chemical oxidation, hydrolysis and/or adsorption.

(m) Interior wastewater sources means wastewater that is generated from cleaning or rinsing the interior of pesticide formulating, packaging or repackaging equipment; or from rinsing the interior of raw material drums, shipping containers or bulk storage tanks; or cooling water that comes in direct contact with pesticide active ingredients (PAIs) during the formulating, packaging or repackaging process.

(n) Microorganisms means registered pesticide active ingredients that are biological control agents listed in 40 CFR 152.20(a)(3) including Eucaryotes (protozoa, algae, fungi), Procaryotes (bacteria), and Viruses.

(o) Packaging of pesticide products means enclosing or placing a formulated pesticide product into a marketable container.

(p) PFPR/Manufacturer means a pesticide formulating, packaging and repackaging facility that also performs pesticide manufacturing on-site and commingles their PFPR process wastewaters and pesticide manufacturing process wastewaters.

(q) Pool chemicals means pesticide products that are intended to disinfect or sanitize, reducing or mitigating growth or development of microbiological organisms including bacteria, algae, fungi or viruses in the water of swimming pools, hot tubs, spas or other such areas, in the household and/or institutional environment, as provided in the directions for use on the product label.

(r) Refilling establishment means an establishment where the activity of repackaging pesticide product into refillable containers occurs.

(s) Repackaging of pesticide products means the transfer of a pesticide formulation (or PAI) from one container to another without a change in composition of the formulation or the labeling content, for sale or distribution.

(t) Sanitizer products means pesticide products that are intended to disinfect or sanitize, reducing or mitigating growth or development of microbiological organisms including bacteria, fungi or viruses on inanimate surfaces in the household, institutional, and/or commercial environment and whose labeled directions for use result in the product being discharged to Publicly Owned Treatment Works (POTWs). This definition shall also include sanitizer solutions as defined by 21 CFR 178.1010 and pool chemicals as defined in this section (455.10(q)). This definition does not include liquid chemical sterilants (including sporicidals) exempted by §455.40(f) or otherwise, industrial preservatives, and water treatment microbiocides other than pool chemicals.

(u) Stand-alone PFPR facility means a PFPR facility where either: No pesticide manufacturing occurs; or where pesticide manufacturing process wastewaters are not commingled with PFPR process wastewaters. Such facilities may formulate, package or repackage or manufacture other non-pesticide chemical products and be considered a “stand-alone” PFPR facility.

[43 FR 17776, Apr. 25, 1978, as amended at 50 FR 40701, Oct. 4, 1985; 51 FR 44911, Dec. 15, 1986; 58 FR 50689, Sept. 28, 1993; 61 FR 57548, Nov. 6, 1996]

Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory

Source: 43 FR 44846, Sept. 29, 1978, unless otherwise noted.

§455.11   Compliance date for pretreatment standards for existing sources (PSES).

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]

§455.20   Applicability; description of the organic pesticide chemicals manufacturing subcategory.

(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]

§455.21   Specialized definitions.

(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]

§455.22   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). 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]

§455.23   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 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]

§455.24   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT).

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]

§455.25   New source performance standards (NSPS).

(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]

§455.26   Pretreatment standards for existing sources (PSES).

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]

§455.27   Pretreatment standards for new sources (PSNS).

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]

Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory

§455.30   Applicability; description of the metallo-organic pesticide chemicals manufacturing subcategory.

The provisions of this subpart are applicable to discharges resulting from the manufacture of metallo-organic active ingredients containing mercury, cadmium, arsenic, or copper. The manufacture of intermediates used to manufacture the active ingredients are excluded from coverage by this subpart.

§455.31   Specialized definitions.

(a) “Metallo-organic active ingredients” means carbon containing active ingredients containing one or more metallic atoms in the structure.

§455.32   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). The following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the manufacture of metallo-organic active ingredient: There shall be no discharge of process waste water pollutants to navigable waters.

[60 FR 33971, June 29, 1995]

§455.33   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). [Reserved]

§455.34   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT). [Reserved]

§455.35   New source performance standards (NSPS). [Reserved]

§455.36   Pretreatment standards for existing sources (PSES). [Reserved]

§455.37   Pretreatment standards for new sources (PSNS). [Reserved]

Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory

§455.40   Applicability; description of the pesticide formulating, packaging and repackaging subcategory.

(a) The provisions of this subpart are applicable to discharges resulting from all pesticide formulating, packaging and repackaging operations except as provided in paragraphs (b), (c), (d), (e) and (f) of this section.

(b) The provisions of this subpart do not apply to repackaging of agricultural pesticides performed at refilling establishments, as described in §455.60.

(c) The provisions of this subpart do not apply to wastewater discharges from: the operation of employee showers and laundry facilities; the testing of fire protection equipment; the testing and emergency operation of safety showers and eye washes; storm water; Department of Transportation (DOT) aerosol leak test bath water from non-continuous overflow baths (batch baths) where no cans have burst from the time of the last water change-out; and on-site laboratories from cleaning analytical equipment and glassware and rinsing the retain sample container (except for the initial rinse of the retain sample container which is considered a process wastewater source for this subpart).

(d) The provisions of this subpart do not apply to wastewater discharges from the formulation, packaging and/or repackaging of sanitizer products (including pool chemicals); microorganisms; inorganic wastewater treatment chemicals; group 1 mixtures and group 2 mixtures, as defined under §455.10.

(e) The provisions of this subpart do not apply to wastewater discharges from the development of new formulations of pesticide products and the associated efficacy and field testing at on-site or stand-alone research and development laboratories where the resulting pesticide product is not produced for sale.

(f) The provisions of this subpart do not apply to wastewater discharges from the formulation, packaging and/or repackaging of liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in Section 201 of the Federal Food, Drug and Cosmetic Act and in Section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act.

[61 FR 57549, Nov. 6, 1996]

§455.41   Special definitions.

(a) Initial Certification Statement for this subpart means a written submission to the appropriate permitting authority, e.g., the local Control Authority (the POTW) or NPDES permit writer which must be signed by the responsible corporate officer as defined in 40 CFR 403.12(l) or 40 CFR 122.22 and which:

(1) Lists and describes those product families, process lines and/or process units for which the PFPR facility is implementing the Pollution Prevention Alternative (“P2 Alternative”);

(2) Describes the PFPR facility specific practices for each product family/process line/process unit which are to be practiced as part of the P2 Alternative;

(3) Describes any justification allowing modification to the practices listed in Table 8 to this part 455; and

(4) Lists the treatment system being used to obtain a P2 allowable discharge (as defined in 455.41).

(b) Periodic Certification Statement for this subpart means a written submission to the appropriate permitting authority, e.g., the local Control Authority (the POTW) or NPDES permit writer, which states that the P2 Alternative is being implemented in the manner set forth in the control mechanism (for indirect dischargers) or NPDES permit (for direct dischargers) or that a justification allowing modification of the practices listed in Table 8 to this part 455 has been implemented resulting in a change in the pollution prevention practices conducted at the facility. The Periodic Certification Statement must be signed by the responsible corporate officer as defined in 40 CFR 403.12(l) or 40 CFR 122.22.

(c) On-site Compliance Paperwork for this subpart means data or information maintained in the offices of the PFPR facility which supports the initial and periodic certification statements as follows:

(1) Lists and describes those product families, process lines and/or process units for which the facility is implementing the P2 Alternative;

(2) Describes the facility specific practices for each product family/process line/process unit which are to be practiced as part of the P2 Alternative;

(3) Describes any justification allowing modification to the practices listed in Table 8 to this part 455;

(4) Includes a written discussion demonstrating that the treatment system being used contains the appropriate pollution control technologies (or equivalent systems/pesticide manufacturing systems) for removing the PAIs which may be found in the wastewater;

(5) Establishes a method for demonstrating to the permitting/control authority that the treatment system is well operated and maintained; and

(6) Includes a discussion of the rationale for choosing the method of demonstration.

(d) For Indirect Dischargers:

Pollution prevention (P2) allowable discharge (excluding interior wastewater sources, leak and spill clean-up water, and floor wash) for this subpart means the quantity of/concentrations of pollutants in PFPR process wastewaters that remain after a facility has demonstrated that it is using the specified practices of the Pollution Prevention Alternative as listed in Table 8 to this part 455.

Pollution prevention (P2) allowable discharge for interior wastewater sources, leak and spill cleanup water, and floor wash for this subpart means the quantity of/concentrations of pollutants in PFPR process wastewaters that remain after a facility has demonstrated that it is using the specified practices of the Pollution Prevention Alternative as listed in Table 8 to this part 455 and that have been pretreated using appropriate pollution control technologies, as defined in §455.10(g), or a pesticide manufacturer's treatment system, or an equivalent system, used individually, or in any combination to achieve a sufficient level of pollutant reduction. Pretreatment requirements may be modified or waived by the Control Authority (POTW) to the extent that removal credits have been granted by the POTW in accordance with 40 CFR 403.7, provided the granting of such credits does not result in pass through or interference as defined in 40 CFR 403.3 and complies with the provisions of 40 CFR 403.5. The facility must demonstrate that the appropriate pollution control technology is properly maintained and operated.

(e) For Direct Dischargers:

Pollution prevention (P2) allowable discharge for this subpart means the quantity of/concentrations of pollutants in PFPR process wastewaters that remain after a facility has demonstrated that it is using the specified practices of the Pollution Prevention Alternative as listed in Table 8 to this part 455 and that have been treated using appropriate pollution control technologies, as defined in §455.10(g), or a pesticide manufacturer's treatment system, or an equivalent system, used individually, or in any combination to achieve a sufficient level of pollutant reduction. The facility must demonstrate that the appropriate pollution control technology is properly maintained and operated.

(f) Process wastewater, for this subpart, means all wastewater associated with pesticide formulating, packaging and repackaging except for sanitary water, non-contact cooling water and those wastewaters excluded from the applicability of the rule in §455.40.

[61 FR 57549, Nov. 6, 1996]

§455.42   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, (BPT).

Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.

(a) Except as provided in paragraph (b) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the formulation, packaging or repackaging of pesticides: There shall be no discharge of process wastewater pollutants to navigable waters.

(b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in §455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:

(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this part 455);

(2) The discharger will notify its NPDES permit writer at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in §455.41(a);

(3) The discharger will submit to its NPDES permitting authority a periodic certification statements as described in §455.41(b) once each year of operation; and

(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in §455.41(c).

[61 FR 57550, Nov. 6, 1996]

§455.43   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 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology.

(a) Except as provided in paragraph (b) of this section, the BCT limitations are established as follows: There shall be no discharge of process wastewater pollutants to navigable waters.

(b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in §455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:

(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this part 455);

(2) The discharger will notify its NPDES permit writer at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in §455.41(a);

(3) The discharger will submit to its NPDES permitting authority a periodic certification statement as described in §455.41(b) once each year of operation; and

(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in §455.41(c).

[61 FR 57550, Nov. 6, 1996]

§455.44   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT).

Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology (BAT).

(a) Except as provided in paragraph (b) of this section, the BAT limitations are established as follows: There shall be no discharge of process wastewater pollutants to navigable waters.

(b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in §455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:

(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed on Table 8 of this part 455);

(2) The discharger will notify its NPDES permitting authority at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in §455.41(a);

(3) The discharger will submit to its NPDES permit writer a periodic certification statement as described in §455.41(b) once each year of operation; and

(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in §455.41(c).

[61 FR 57551, Nov. 6, 1996]

§455.45   New source performance standards (NSPS).

(a) Any new source, except as provided in paragraph (b) of this section, subject to this subpart which discharges process wastewater must meet the following standards: There shall be no discharge of process wastewater pollutants to navigable waters.

(b) Any new source subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in §455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:

(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this part 455);

(2) The discharger will notify its NPDES permit writer at the time of submitting its application for a permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in §455.41(a);

(3) The discharger will submit to its NPDES permitting authority a periodic certification statement as described in §455.41(b) once each year of operation; and

(4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in §455.41(c).

[61 FR 57551, Nov. 6, 1996]

§455.46   Pretreatment standards for existing sources (PSES).

(a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph (b) of this section, no later than November 6, 1999, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve PSES as follows: There shall be no discharge of process wastewater pollutants.

(b) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to paragraph (a) of this section which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may have a pollution prevention allowable discharge of wastewater pollutants, as defined in §455.41(d), if the discharger agrees to control mechanism or pretreatment agreement conditions as follows:

(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Engineering Judgement for modifications not listed in Table 8 to this part 455);

(2) The discharger will notify its local Control Authority at the time of renewing or modifying its individual control mechanism or pretreatment agreement of its intent to utilize the Pollution Prevention Alternative by submitting to the local Control Authority an initial certification statement as described in §455.41(a);

(3) The discharger will submit to its local Control Authority a periodic certification statement as described in §455.41(b) during the months of June and December of each year of operation; and

(4) The discharger will maintain at the offices of the facility and make available for inspection the on-site compliance paperwork as described in §455.41(c).

(c) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to §455.46(b) which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may submit a request to its Control Authority to waive pretreatment of: floor wash; and/or a non-reusable final rinse of a triple rinse, if the concentrations of pesticide active ingredients and priority pollutants in those wastewater sources have been demonstrated to be too low to be effectively pretreated at the facility. The Control Authority may waive pretreatment for these two wastewaters only if the existing source makes the demonstrations and is in compliance with 40 CFR 403.5.

[61 FR 57551, Nov. 6, 1996]

§455.47   Pretreatment standards for new sources (PSNS).

(a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph (b) of this section, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve PSNS as follows: There shall be no discharge of process wastewater pollutants.

(b) Except as provided in 40 CFR 403.7 and 403.13, any new source subject to paragraph (a) of this section which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may have a pollution prevention allowable discharge of wastewater pollutants, as defined in §455.41(d), if the discharger agrees to control mechanism or pretreatment agreement conditions as follows:

(1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Engineering Judgement for modifications not listed in Table 8 to this part 455);

(2) The discharger will notify its local Control Authority at the time of submitting its application for an individual control mechanism or pretreatment agreement of its intent to utilize the Pollution Prevention Alternative by submitting to the local Control Authority an initial certification statement as described in §455.41(a);

(3) The discharger will submit to its local Control Authority a periodic certification statement as described in §455.41(b) during the months of June and December of each year of operation; and

(4) The discharger will maintain at the offices of the facility and make available for inspection the on-site compliance paperwork as described in §455.41(c).

(c) Except as provided in 40 CFR 403.7 and 403.13, any new source subject to paragraph (b) of this section which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and may submit a request to its Control Authority to waive pretreatment of: floor wash; and/or a non-reusable final rinse of a triple rinse, if the concentrations of pesticide active ingredients and priority pollutants in those wastewater sources have been demonstrated to be too low to be effectively pretreated at the facility. The Control Authority may waive pretreatment for these two wastewaters only if the new source makes the demonstrations and is in compliance with 40 CFR 403.5.

[61 FR 57552, Nov. 6, 1996]

Subpart D—Test Methods for Pesticide Pollutants

§455.50   Identification of test procedures.

The pesticide active ingredients to which this section applies and for which effluent limitations guidelines and standards are specified in this part are named, together with the Chemical Abstracts Service (CAS) number (provided to assist in identifying the pesticide active ingredient only) and analytical method(s) designation(s) in Table IG at 40 CFR 136.3(a). Except as provided in 40 CFR 136.5, the discharge parameter values required under the Clean Water Act must be determined by one of the analytical methods cited and described in Table IG at 40 CFR 136.3(a). Pesticide manufacturers may not use the analytical method cited in Table IB, Table IC, or Table ID of 40 CFR 136.3(a) to make these determinations (except where the method cited in those tables is identical to the method specified in Table IG at 40 CFR 136.3(a)). The full texts of the analytical methods cited in Table IG at 40 CFR 136.3(a) are contained in the Methods For The Determination of Nonconventional Pesticides In Municipal and Industrial Wastewater, Volume I, EPA 821-R-93-010A (August 1993 Revision I) and Volume II, EPA 821-R-93-010B (August 1993) (the “Compendium”). Each pesticide chemical manufacturer that is required to determine discharge parameter values under this part using one of the analytical methods cited in Table IG at 40 CFR 136.3(a) must request in writing a copy of the Compendium from the permit authority or local control authority (as applicable) prior to determining such discharge parameter values, unless the manufacturer already has a copy.

[72 FR 11248, Mar. 12, 2007]

Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments

Source: 61 FR 57552, Nov. 6, 1996, unless otherwise noted.

§455.60   Applicability; description of repackaging of agricultural pesticides performed by refilling establishments subcategory.

(a) The provisions of this subpart are applicable to discharges resulting from all repackaging of agricultural pesticides performed by refilling establishments, as defined in §455.10; whose primary business is wholesale or retail sales; and where no pesticide manufacturing, formulating or packaging occurs, except as provided in paragraphs (b), (c) and (d) of this section.

(b) The provisions of this subpart do not apply to wastewater discharges from custom application or custom blending, as defined in 40 CFR 167.3.

(c) The provisions of this subpart do not apply to wastewater discharges from: the operation of employee showers and laundry facilities; the testing of fire protection equipment; the testing and emergency operation of safety showers and eye washes; or storm water.

(d) The provisions of this subpart do not apply to wastewater discharges from the repackaging of microorganisms or Group 1 Mixtures, as defined under §455.10, or non-agricultural pesticide products.

§455.61   Special definitions.

Process wastewater, for this subpart, means all wastewater except for sanitary water and those wastewaters excluded from the applicability of the rule in §455.60.

§455.62   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology (BPT).

Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology: There shall be no discharge of process wastewater pollutants.

§455.63   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 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollution control technology: There shall be no discharge of process wastewater pollutants.

§455.64   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).

Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable: There shall be no discharge of process wastewater pollutants.

§455.65   New source performance standards (NSPS).

Any new source subject to this subpart which discharges process wastewater pollutants must meet the following standards: There shall be no discharge of process wastewater pollutants.

§455.66   Pretreatment standards for existing sources (PSES).

Except as provided in 40 CFR 403.7 and 403.13, no later than November 6, 1999 subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources as follows: There shall be no discharge of process wastewater pollutants.

§455.67   Pretreatment standards for new sources (PSNS).

Except as provided in 40 CFR 403.7 and 403.13, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources as follows: There shall be no discharge of process wastewater pollutants.

Table 1 to Part 455—List of Organic Pesticide Active Ingredients

[58 FR 50691, Sept. 28, 1993]

Table 2 to Part 455—Organic Pesticide Active Ingredient Effluent Limitations Best Available Technology Economically Achievable (BAT) and Pretreatment Standards for Existing Sources (PSES)

[58 FR 50695, Sept. 28, 1993, as amended at 63 FR 39443, July 22, 1998]

Table 3 to Part 455—Organic Pesticide Active Ingredient New Source Performance Standards (NSPS) and Pretreatment Standards for New Sources (PSNS)

[58 FR 50696, Sept. 28, 1993, as amended at 63 FR 39443, July 22, 1998]

Table 4 to Part 455—BAT and NSPS Effluent Limitations for Priority Pollutants for Direct Discharge Point Sources That use End-of-Pipe Biological Treatment

[58 FR 50698, Sept. 28, 1993]

Table 5 to Part 455—BAT and NSPS Effluent Limitations for Priority Pollutants for Direct Discharge Point Sources That Do Not Use End-of-Pipe Biological Treatment

[58 FR 50698, Sept. 28, 1993]

Table 6 to Part 455—PSES and PSNS for Priority Pollutants

[58 FR 50699, Sept. 28, 1993]

Table 7 to Part 455 [Reserved]

Table 8 to Part 455—List of Pollution Prevention Alternative Practices

A modification to the list of practices on this table that an individual facility must comply with to be eligible for the pollution prevention alternative is allowed with acceptable justification as listed on this table as approved by the permit writer or control authority (using BPJ/BEJ) after submittal by the facility of a request for modification. A modification, for purposes of this table, means that a facility would no longer have to perform a listed practice or would need to comply with a modified practice. However, the modification only applies to the specific practice for which the modification has been justified and to no other listed practices. Facilities are required to thoroughly discuss all modifications in the on-site compliance paperwork as described above in the limitations and standards (§455.41(c)).

1. Must use water conservation practices. These practices may include, but are not limited to using: spray nozzles or flow reduction devices on hoses, low volume/high pressure rinsing equipment, floor scrubbing machines, mop(s) and bucket(s), and counter current staged drum rinsing stations.

[Modification allowed when: Rinsing narrow transfer lines or piping where sufficient rinsing is better achieved by flushing with water.]

2. Must practice good housekeeping:

(a) Perform preventative maintenance on all valves and fittings and repair leaky valves and fittings in a timely manner;

(b) Use drip pans under any valves or fittings where hoses or lines are routinely connected and disconnected, collect for reuse when possible; and

(c) Perform quick cleanup of leaks and spills in outdoor bulk storage or process areas.

3. Must sweep or vacuum dry production areas prior to rinsing with water.

4. Must clean interiors of dry formulation equipment with dry carrier prior to any water rinse. The carrier material must be stored and reused in future formulation of the same or compatible product or properly disposed of as solid waste.

5. If operating continuous overflow Department of Transportation (DOT) aerosol leak test baths—>

Must operate with some recirculation.

6. If operating air pollution control wet scrubbers—>

Must operate as recirculating scrubbers (periodic blowdown is allowed as needed).

[Modification allowed when: Facility demonstrates that they would not be able to meet Resource Conservation Recovery Act or Clean Air Act (CAA) requirements.]

7. When performing rinsing of raw material drums, storage drums, and/or shipping containers that contained liquid PAI(s) and/or inert ingredients for the formulation of water-based products—>

Must reuse the drum/shipping container rinsate DIRECTLY into the formulation at the time of formulation; or store for use in future formulation of same or compatible product; or use a staged drum rinsing station (counter current rinsing).

[Modification allowed when: the drum/shipping container holds inert ingredient(s) only and (1) the facility can demonstrate that, after using water conservation practices, the large concentration of inert ingredient in the formulation creates more volume than could feasibly be reused; or (2) the facility can demonstrate that the concentration of the inert in the formulation is so small that the reuse would cause a formulation to exceed the ranges allowed in the Confidential Statement of Formula (CSF) (40 CFR 158.155).]

8. When performing rinsing of raw material drums, storage drums, and/or shipping containers that contained liquid PAI(s) and/or inert ingredients for the formulation of solvent-based products—>

Must reuse the drum/shipping container rinsate DIRECTLY into the formulation at the time of formulation or store for use in future formulation of same or compatible product.

[Modification allowed when:

(a) The drum/shipping container holds inert ingredient(s) only and: (1) The facility can demonstrate that, after using water conservation practices, the large concentration of inert ingredient in the formulation creates more volume than could feasibly be reused; or (2) the facility can demonstrate that the concentration of the inert in the formulation is so small that the reuse would cause a formulation to exceed the ranges allowed in the Confidential Statement of Formula (CSF) (40 CFR 158.155); or

(b) Drums/shipping containers are going to a drum refurbisher/recycler who will only accept drums rinsed with water.]

9. Must dedicate PFPR production equipment by water-based versus solvent-based products. Dedicated solvent-based or water-based equipment may be used on a non-routine basis for non-dedicated operations; however the facility may not discharge the solvent/aqueous changeover rinsate as part of their P2 allowable discharge (i.e., the facility must achieve zero discharge of those process wastewater pollutants).

[Modification allowed when: Facility has installed and is using a solvent recovery system for the changeover rinsate (can also be used for other solvent recovery).]

10. Must store the rinsate from interior rinsing (does not include drum/shipping container rinsate) for reuse in future formulation of same or compatible product.

[Modification allowed when:

(a) Facility has evidence of biological growth or other product deterioration over a typical storage period;

(b) Facility has space limitations, BUT must still store rinsates for most frequently produced products;

(c) Manufacturer (or formulator contracting for toll formulating) has directed otherwise (i.e., send back to them or send for off-site disposal);

(d) Facility is dropping registration or production of the formulation and there is no compatible formulation for reuse of the rinsates or facility can provide reasonable explanation of why it does not anticipate formulation of same or compatible formulation within the next 12 months;

(e) Facility only performs packaging of the pesticide product from which interior rinsate is generated; or

(f) Facility has demonstrated that it must use a detergent to clean the equipment.]

Notes

For indirect dischargers: After following the practices above, some wastewaters may require pretreatment prior to discharge to POTWs. See definition of pollution prevention allowable discharge for indirect dischargers (§455.41(d)).

For direct dischargers: After following the practices above, all wastewaters require treatment prior to discharge directly to the nation's waters. See definition of pollution prevention allowable discharge for direct dischargers (§455.41(e)).

Additional information and guidance on implementing these P2 practices as well as evaluating compliance with these practices will be available in a P2 Guidance Manual for the PFPR Industry.

[61 FR 57553, Nov. 6, 1996]

Table 9 to Part 455—Group 2 Mixtures

[61 FR 57554, Nov. 6, 1996]

Table 10 to Part 455—List of Appropriate Pollution Control Technologies

This table contains those pollutant control technologies, such as hydrolysis, chemical oxidation, precipitation and activated carbon adsorption, which have been used for estimating compliance costs on a PAI specific basis. In general, these treatment technologies have been determined to be effective in treating pesticide containing wastewaters in literature, in bench or pilot scale treatability studies or in the Pesticide Manufacturing effluent guidelines. These are the same technologies that are presented as part of the Universal Treatment System. However, these technologies are PAI specific and may need to be used in conjunction with one another to provide treatment for all PAIs used at a facility over a period of time. In addition, facilities may experience difficulties treating wastewaters that contain emulsions, therefore, “appropriate” treatment for emulsified wastewaters must include an emulsion breaking step. For PAIs whose technology is listed as “Pollution Prevention”, the permitting authority/control authority can determine if additional treatment is necessary through best professional judgement/best engineering judgement, respectively.

[61 FR 57554, Nov. 6, 1996]

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