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40:40:32.0.1.1.28.0.5.1 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS       § 455.10 General definitions. EPA     [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] 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 ingredi…
40:40:32.0.1.1.28.1.5.1 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.11 Compliance date for pretreatment standards for existing sources (PSES). EPA     [61 FR 57549, Nov. 6, 1996] 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.
40:40:32.0.1.1.28.1.5.2 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.20 Applicability; description of the organic pesticide chemicals manufacturing subcategory. EPA     [43 FR 44846, Sept. 29, 1978, as amended at 50 FR 40702, Oct. 4, 1985; 51 FR 44911, Dec. 15, 1986; 58 FR 50689, Sept. 28, 1993] (a) For the purpose of calculating and applying effluent limitations for COD, BOD 5 , 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 BOD 5 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 botanical…
40:40:32.0.1.1.28.1.5.3 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.21 Specialized definitions. EPA     [43 FR 44846, Sept. 29, 1978, as amended at 58 FR 50689, Sept. 28, 1993] (a) Organic active ingredients means carbon-containing active ingredients used in pesticides, excluding metalloorganic active ingredients. (b) Total organic active ingredients means the sum of all organic active ingredients covered by § 455.20(a) which are manufactured at a facility subject to this subpart. (c) Organic pesticide chemicals means the sum of all organic active ingredients listed in § 455.20(b) which are manufactured at a facility subject to this subpart. (d) Process wastewater flow means the sum of the average daily flows from the following wastewater streams: Process stream and product washes, equipment and floor washes, water used as solvent for raw materials, water used as reaction medium, spent acids, spent bases, contact cooling water, water of reaction, air pollution control blowdown, steam jet blowdown, vacuum pump water, pump seal water, safety equipment cleaning water, shipping container cleanout, safety shower water, contaminated storm water, and product/process laboratory quality control wastewater. Notwithstanding any other regulation, process wastewater flow for the purposes of this subpart does not include wastewaters from the production of intermediate chemicals. (e) Process wastewater pollutants means those pollutants present in process wastewater flow.
40:40:32.0.1.1.28.1.5.4 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.22 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. EPA     [43 FR 44846, Sept. 29, 1978, as amended at 60 FR 33971, June 29, 1995] 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: 1 Within the range of 6.0 to 9.0. Note: For COD, BOD 5 , and TSS, metric units: Kilogram/1,000 kg of total organic active ingredients. English units: Pound/1,000 lb of total organic active ingredients. For organic pesticide chemicals—metric units: Kilogram/1,000 kg of organic pesticide chemicals. English units: Pound/1,000 lb of organic pesticide chemicals.
40:40:32.0.1.1.28.1.5.5 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.23 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA     [58 FR 50689, Sept. 28, 1993] Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology: The limitations for BOD, TSS and pH are the same as those specified in 40 CFR 455.22. BCT Effluent Limitations Effluent Limitations * Within the range 6.0 to 9.0 ** Metric units: Kilogram pollutant/1,000 kg of total organic active ingredients. English units: Pound pollutant/1,000 lb of total organic active ingredients
40:40:32.0.1.1.28.1.5.6 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.24 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT). EPA     [58 FR 50690, Sept. 28, 1993] Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology as specified in 40 CFR 455.20(d). For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multipying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21 (d) times the concentrations listed in table 4 or table 5 of this part, as appropriate, of this subpart.
40:40:32.0.1.1.28.1.5.7 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.25 New source performance standards (NSPS). EPA     [58 FR 50690, Sept. 28, 1993] (a) Any new source subject to this subpart which discharges process wastewater pollutants must achieve the new source performance standards specified in 40 CFR 455.20(d), and subject to 455.20(a), must meet the following standards for BOD 5 , TSS, COD and pH: New Source Performance Standards Standards * Within the range 6.0 to 9.0 ** Metric units: Kilogram pollutant /1,000 kg of total organic active ingredients. English units: Pound pollutant/1,000 lb of total organic active ingredients (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.
40:40:32.0.1.1.28.1.5.8 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.26 Pretreatment standards for existing sources (PSES). EPA     [58 FR 50690, Sept. 28, 1993] Except as provided in 40 CFR 403.7, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the pretreatment standards for existing sources (PSES) as specified in 40 CFR 455.20(d). For the priority pollutants, such sources must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in Table 6 of this part. If mass limitations have not been developed as required, the source shall achieve discharges not exceeding the concentration limitations listed in Table 6 of this part.
40:40:32.0.1.1.28.1.5.9 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS A Subpart A—Organic Pesticide Chemicals Manufacturing Subcategory   § 455.27 Pretreatment standards for new sources (PSNS). EPA     [58 FR 50690, Sept. 28, 1993] Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and must achieve the pretreatment standards for new sources (PSNS) as specified in 40 CFR 455.20(d). For the priority pollutants, the source must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart as defined in 40 CFR 455.21(d) times the concentrations listed in table 6 of this part. If mass limitations have not been developed as required, the source shall achieve discharges not exceeding the concentration limitations listed in table 6 of this part.
40:40:32.0.1.1.28.2.5.1 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.30 Applicability; description of the metallo-organic pesticide chemicals manufacturing subcategory. EPA       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.
40:40:32.0.1.1.28.2.5.2 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.31 Specialized definitions. EPA       (a) “Metallo-organic active ingredients” means carbon containing active ingredients containing one or more metallic atoms in the structure.
40:40:32.0.1.1.28.2.5.3 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. EPA     [60 FR 33971, June 29, 1995] 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.
40:40:32.0.1.1.28.2.5.4 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.33 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). [Reserved] EPA        
40:40:32.0.1.1.28.2.5.5 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 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] EPA        
40:40:32.0.1.1.28.2.5.6 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.35 New source performance standards (NSPS). [Reserved] EPA        
40:40:32.0.1.1.28.2.5.7 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.36 Pretreatment standards for existing sources (PSES). [Reserved] EPA        
40:40:32.0.1.1.28.2.5.8 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS B Subpart B—Metallo-Organic Pesticide Chemicals Manufacturing Subcategory   § 455.37 Pretreatment standards for new sources (PSNS). [Reserved] EPA        
40:40:32.0.1.1.28.3.5.1 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.40 Applicability; description of the pesticide formulating, packaging and repackaging subcategory. EPA     [61 FR 57549, Nov. 6, 1996] (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…
40:40:32.0.1.1.28.3.5.2 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.41 Special definitions. EPA     [61 FR 57549, Nov. 6, 1996] (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 …
40:40:32.0.1.1.28.3.5.3 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.42 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available, (BPT). EPA     [61 FR 57550, Nov. 6, 1996] Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. (a) Except as provided in paragraph (b) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties controlled by this paragraph which may be discharged from the formulation, packaging or repackaging of pesticides: There shall be no discharge of process wastewater pollutants to navigable waters. For existing PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of § 455.22 or § 455.32, “zero discharge” means that permitting authorities shall provide no additional discharge allowance for those pesticide active ingredients (PAIs) in the pesticide formulating, packaging and repackaging wastewaters when those PAIs are also manufactured at the same facility. (b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows: (1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this part 455); (2) The discharger will notify its NPDES permit writer at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in § 455.41(a); (3) The discharger will submit to its NPDES permitting authority a periodic certification statements as described in § 455.41(b) once each year of operation; and (4) The discharger will maintain at the office of the fa…
40:40:32.0.1.1.28.3.5.4 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.43 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA     [61 FR 57550, Nov. 6, 1996] Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology. (a) Except as provided in paragraph (b) of this section, the BCT limitations are established as follows: There shall be no discharge of process wastewater pollutants to navigable waters. For existing PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of §§ 455.23, zero discharge means that permitting authorities shall provide no discharge additional discharge allowance for those pesticide active ingredients (PAIs) in the pesticide formulating, packaging and repackaging wastewaters when those PAIs are also manufactured at the same facility. (b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows: (1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this part 455); (2) The discharger will notify its NPDES permit writer at the time of renewal or modification of its permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in § 455.41(a); (3) The discharger will submit to its NPDES permitting authority a periodic certification 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).
40:40:32.0.1.1.28.3.5.5 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.44 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available control technology economically achievable (BAT). EPA     [61 FR 57551, Nov. 6, 1996] Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology (BAT). (a) Except as provided in paragraph (b) of this section, the BAT limitations are established as follows: There shall be no discharge of process wastewater pollutants to navigable waters. For existing PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of §§ 455.24, zero discharge means that permitting authorities shall provide no additional discharge allowance for those pesticide active ingredients (PAIs) in the pesticide formulating, packaging and repackaging wastewaters when those PAIs are also manufactured at the same facility. (b) Any existing facility subject to paragraph (a) of this section may have a pollution prevention allowable discharge, as defined in § 455.41(e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows: (1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed 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).
40:40:32.0.1.1.28.3.5.6 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.45 New source performance standards (NSPS). EPA     [61 FR 57551, Nov. 6, 1996] (a) Any new source, except as provided in paragraph (b) of this section, subject to this subpart which discharges process wastewater must meet the following standards: There shall be no discharge of process wastewater pollutants to navigable waters. For new PFPR/Manufacturer facilities, as defined in § 455.10(p), which are also subject to the provisions of §§ 455.25, zero discharge means that permitting authorities shall provide no additional discharge allowance for those pesticide active ingredients (PAIs) in the pesticide formulating, packaging and repackaging wastewaters when those PAIs are also manufactured at the same facility. (b) Any 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).
40:40:32.0.1.1.28.3.5.7 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.46 Pretreatment standards for existing sources (PSES). EPA     [61 FR 57551, Nov. 6, 1996] (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…
40:40:32.0.1.1.28.3.5.8 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS C Subpart C—Pesticide Chemicals Formulating and Packaging Subcategory   § 455.47 Pretreatment standards for new sources (PSNS). EPA     [61 FR 57552, Nov. 6, 1996] (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 …
40:40:32.0.1.1.28.4.5.1 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS D Subpart D—Test Methods for Pesticide Pollutants   § 455.50 Identification of test procedures. EPA     [72 FR 11248, Mar. 12, 2007] 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.
40:40:32.0.1.1.28.5.5.1 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.60 Applicability; description of repackaging of agricultural pesticides performed by refilling establishments subcategory. EPA       (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.
40:40:32.0.1.1.28.5.5.2 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.61 Special definitions. EPA       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.
40:40:32.0.1.1.28.5.5.3 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.62 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable pollutant control technology (BPT). EPA       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.
40:40:32.0.1.1.28.5.5.4 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.63 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). EPA       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.
40:40:32.0.1.1.28.5.5.5 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.64 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). EPA       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.
40:40:32.0.1.1.28.5.5.6 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.65 New source performance standards (NSPS). EPA       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.
40:40:32.0.1.1.28.5.5.7 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.66 Pretreatment standards for existing sources (PSES). EPA       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.
40:40:32.0.1.1.28.5.5.8 40 Protection of Environment I N 455 PART 455—PESTICIDE CHEMICALS E Subpart E—Repackaging of Agricultural Pesticides Performed at Refilling Establishments   § 455.67 Pretreatment standards for new sources (PSNS). EPA       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.

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