[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR403.3]

[Page 10-13]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403--GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.3  Definitions.

    For the purposes of this part:
    (a) Except as discussed below, the general definitions, 
abbreviations, and methods of analysis set forth in 40 CFR part 401 
shall apply to this regulation.
    (b) The term Act means Federal Water Pollution Control Act, also 
known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
    (c) The term Approval Authority means the Director in an NPDES State 
with an approved State pretreatment program and the appropriate Regional 
Administrator in a non-NPDES State or NPDES State without an approved 
State pretreatment program.
    (d) The term Approved POTW Pretreatment Program or Program or POTW 
Pretreatment Program means a program administered by a POTW that

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meets the criteria established in this regulation (Secs. 403.8 and 
403.9) and which has been approved by a Regional Administrator or State 
Director in accordance with Sec. 403.11 of this regulation.
    (e) The term Director means the chief administrative officer of a 
State or Interstate water pollution control agency with an NPDES permit 
program approved pursuant to section 402(b) of the Act and an approved 
State pretreatment program.
    (f) The term Water Management Division Director means one of the 
Directors of the Water Management Divisions within the Regional offices 
of the Environmental Protection Agency or this person's delegated 
representative.
    (g) The term Indirect Discharge or Discharge means the introduction 
of pollutants into a POTW from any non-domestic source regulated under 
section 307(b), (c) or (d) of the Act.
    (h) The term Industrial User or User means a source of Indirect 
Discharge.
    (i) The term Interference means a Discharge which, alone or in 
conjunction with a discharge or discharges from other sources, both:
    (1) Inhibits or disrupts the POTW, its treatment processes or 
operations, or its sludge processes, use or disposal; and
    (2) Therefore is a cause of a violation of any requirement of the 
POTW's NPDES permit (including an increase in the magnitude or duration 
of a violation) or of the prevention of sewage sludge use or disposal in 
compliance with the following statutory provisions and regulations or 
permits issued thereunder (or more stringent State or local 
regulations): Section 405 of the Clean Water Act, the Solid Waste 
Disposal Act (SWDA) (including title II, more commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), and including State 
regulations contained in any State sludge management plan prepared 
pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic 
Substances Control Act, and the Marine Protection, Research and 
Sanctuaries Act.
    (j) The term National Pretreatment Standard, Pretreatment Standard, 
or Standard means any regulation containing pollutant discharge limits 
promulgated by the EPA in accordance with section 307 (b) and (c) of the 
Act, which applies to Industrial Users. This term includes prohibitive 
discharge limits established pursuant to Sec. 403.5.
    (k)(1) The term New Source means any building, structure, facility 
or installation from which there is or may be a Discharge of pollutants, 
the construction of which commenced after the publication of proposed 
Pretreatment Standards under section 307(c) of the Act which will be 
applicable to such source if such Standards are thereafter promulgated 
in accordance with that section, provided that:
    (i) The building, structure, facility or installation is constructed 
at a site at which no other source is located; or
    (ii) The building, structure, facility or installation totally 
replaces the process or production equipment that causes the discharge 
of pollutants at an existing source; or
    (iii) The production or wastewater generating processes of the 
building, structure, facility or installation are substantially 
independent of an existing source at the same site. In determining 
whether these are substantially independent, factors such as the extent 
to which the new facility is integrated with the existing plant, and the 
extent to which the new facility is engaged in the same general type of 
activity as the existing source should be considered.
    (2) Construction on a site at which an existing source is located 
results in a modification rather than a new source if the construction 
does not create a new building, structure, facility or installation 
meeting the criteria of paragraphs (k)(1)(ii), or (k)(1)(iii) of this 
section but otherwise alters, replaces, or adds to existing process or 
production equipment.
    (3) Construction of a new source as defined under this paragraph has 
commenced if the owner or operator has:
    (i) Begun, or caused to begin as part of a continuous onsite 
construction program:
    (A) Any placement, assembly, or installation of facilities or 
equipment; or
    (B) Significant site preparation work including clearing, 
excavation, or removal of existing buildings, structures, or facilities 
which is necessary for the

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placement, assembly, or installation of new source facilities or 
equipment; or
    (ii) Entered into a binding contractual obligation for the purchase 
of facilities or equipment which are intended to be used in its 
operation within a reasonable time. Options to purchase or contracts 
which can be terminated or modified without substantial loss, and 
contracts for feasibility, engineering, and design studies do not 
constitute a contractual obligation under this paragraph.
    (l) The terms NPDES Permit or Permit means a permit issued to a POTW 
pursuant to section 402 of the Act.
    (m) The term NPDES State means a State (as defined in 40 CFR 122.2) 
or Interstate water pollution control agency with an NPDES permit 
program approved pursuant to section 402(b) of the Act.
    (n) The term Pass Through means a Discharge which exits the POTW 
into waters of the United States in quantities or concentrations which, 
alone or in conjunction with a discharge or discharges from other 
sources, is a cause of a violation of any requirement of the POTW's 
NPDES permit (including an increase in the magnitude or duration of a 
violation).
    (o) The term Publicly Owned Treatment Works or POTW means a 
treatment works as defined by section 212 of the Act, which is owned by 
a State or municipality (as defined by section 502(4) of the Act). This 
definition includes any devices and systems used in the storage, 
treatment, recycling and reclamation of municipal sewage or industrial 
wastes of a liquid nature. It also includes sewers, pipes and other 
conveyances only if they convey wastewater to a POTW Treatment Plant. 
The term also means the municipality as defined in section 502(4) of the 
Act, which has jurisdiction over the Indirect Discharges to and the 
discharges from such a treatment works.
    (p) The term POTW Treatment Plant means that portion of the POTW 
which is designed to provide treatment (including recycling and 
reclamation) of municipal sewage and industrial waste.
    (q) The term Pretreatment means the reduction of the amount of 
pollutants, the elimination of pollutants, or the alteration of the 
nature of pollutant properties in wastewater prior to or in lieu of 
discharging or otherwise introducing such pollutants into a POTW. The 
reduction or alteration may be obtained by physical, chemical or 
biological processes, process changes or by other means, except as 
prohibited by Sec. 403.6(d). Appropriate pretreatment technology 
includes control equipment, such as equalization tanks or facilities, 
for protection against surges or slug loadings that might interfere with 
or otherwise be incompatible with the POTW. However, where wastewater 
from a regulated process is mixed in an equalization facility with 
unregulated wastewater or with wastewater from another regulated 
process, the effluent from the equalization facility must meet an 
adjusted pretreatment limit calculated in accordance with Sec. 403.6(e).
    (r) The term Pretreatment requirements means any substantive or 
procedural requirement related to Pretreatment, other than a National 
Pretreatment Standard, imposed on an Industrial User.
    (s) The term Regional Administrator means the appropriate EPA 
Regional Administrator.
    (t) Significant Industrial User. (1) Except as provided in paragraph 
(t)(2) of this section, the term Significant Industrial User means:
    (i) All industrial users subject to Categorical Pretreatment 
Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
    (ii) Any other industrial user that: discharges an average of 25,000 
gallons per day or more of process wastewater to the POTW (excluding 
sanitary, noncontact cooling and boiler blowdown wastewater); 
contributes a process wastestream which makes up 5 percent or more of 
the average dry weather hydraulic or organic capacity of the POTW 
treatment plant; or is designated as such by the Control Authority as 
defined in 40 CFR 403.12(a) on the basis that the industrial user has a 
reasonable potential for adversely affecting the POTW's operation or for 
violating any pretreatment standard or requirement (in accordance with 
40 CFR 403.8(f)(6)).
    (2) Upon a finding that an industrial user meeting the criteria in 
paragraph

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(t)(1)(ii) of this section has no reasonable potential for adversely 
affecting the POTW's operation or for violating any pretreatment 
standard or requirement, the Control Authority (as defined in 40 CFR 
403.12(a)) may at any time, on its own initiative or in response to a 
petition received from an industrial user or POTW, and in accordance 
with 40 CFR 403.8(f)(6), determine that such industrial user is not a 
significant industrial user.
    (u) The term Submission means:
    (1) A request by a POTW for approval of a Pretreatment Program to 
the EPA or a Director;
    (2) A request by a POTW to the EPA or a Director for authority to 
revise the discharge limits in categorical Pretreatment Standards to 
reflect POTW pollutant removals; or
    (3) A request to the EPA by an NPDES State for approval of its State 
pretreatment program.

[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 5132, Feb. 10, 1984; 49 
FR 28059, July 10, 1984; 51 FR 20430, June 4, 1986; 51 FR 23760, July 1, 
1986; 52 FR 1600, Jan. 14, 1987; 53 FR 40610, Oct. 17, 1988; 55 FR 
30129, July 24, 1990]