[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: 40CFR414.11]
[Page 216-218]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 414--ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC FIBERS--Table of Contents
Subpart A--General
Sec. 414.11 Applicability.
(a) The provisions of this part are applicable to process wastewater
discharges from all establishments or portions of establishments that
manufacture the organic chemicals, plastics, and synthetic fibers
(OCPSF) products or product groups covered by subparts B through H of
this regulation and are included within the following U.S. Department of
Commerce Bureau of the Census Standard Industrial Classification (SIC)
major groups:
(1) SIC 2821--Plastic Materials, Synthetic Resins, and
Nonvulcanizable Elastomers,
(2) SIC 2823--Cellulosic Man-Made Fibers,
(3) SIC 2824--Synthetic Organic Fibers, Except Cellulosic,
(4) SIC 2865--Cyclic Crudes and Intermediates, Dyes, and Organic
Pigments,
(5) SIC 2869--Industrial Organic Chemicals, Not Elsewhere
Classified.
(b) The provisions of this part are applicable to wastewater
discharges from OCPSF research and development, pilot plant, technical
service and laboratory bench scale operations if such operations are
conducted in conjunction with and related to existing OCPSF
manufacturing activities at the plant site.
(c) Notwithstanding paragraph (a) of this section, the provisions of
this part are not applicable to discharges resulting from the
manufacture of OCPSF products if the products are included in the
following SIC subgroups and have in the past been reported by the
establishment under these subgroups and not under the SIC groups listed
in paragraph (a) of this section:
(1) SIC 2843085--bulk surface active agents;
(2) SIC 28914--synthetic resin and rubber adhesives;
(3) Chemicals and Chemical Preparations, not Elsewhere Classified:
(i) SIC 2899568--sizes, all types
(ii) SIC 2899597--other industrial chemical specialties, including
fluxes, plastic wood preparations, and embalming fluids;
(4) SIC 2911058--aromatic hydrocarbons manufactured from purchased
refinery products; and
(5) SIC 2911632--aliphatic hydrocarbons manufactured from purchased
refinery products.
(d) Notwithstanding paragraph (a) of this section, the provisions of
this part are not applicable to any discharges for which a different set
of previously promulgated effluent limitations guidelines and standards
in this subchapter apply, unless the facility reports OCPSF products
under SIC codes 2865, 2869, or 2821, and the facility's OCPSF
wastewaters are treated in a separate treatment system or discharged
separately to a publicly owned treatment works.
(e) The provisions of this part do not apply to any process
wastewater discharges from the manufacture of organic chemical compounds
solely by extraction from plant and animal raw materials or by
fermentation processes.
(f) Discharges of chromium, copper, lead, nickel, and zinc in
``complexed metal-bearing waste streams,'' listed in appendix B of this
part, are not subject to the requirements of this part.
(g) Non-amenable cyanide. Discharges of cyanide in ``cyanide-bearing
waste streams'' (listed in Appendix A to this part) are not subject to
the cyanide limitations and standards of this part 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
[[Page 217]]
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.
(h) Allowances for non-metal-bearing waste streams. Discharge
limitations for chromium, copper, lead, nickel, and zinc or discharge
standards for lead and zinc may be established for waste streams not
listed in Appendix A of this part and not otherwise determined to be
``metal-bearing waste streams'' if the permit writer or control
authority determines that the wastewater metals contamination is due to
background levels that are not reasonably avoidable from sources such as
intake water, corrosion of construction materials or contamination of
raw materials. The determination must be based upon a review of relevant
plant operating conditions, process chemistry, engineering, and sampling
and analysis information. An analysis of the sources and levels of the
metals, based on the foregoing information, shall be set forth in
writing; for direct dischargers, the analysis shall be contained in the
fact sheet required by 40 CFR 124.8. For direct dischargers, the permit
writer may establish limitations for chromium, copper, lead, nickel, and
zinc for non-``metal-bearing waste streams'' between the lowest level
which the permit writer determines based on best professional judgment
can be reliably measured and the concentrations of such metals present
in the wastestreams, but not to exceed the applicable limitations
contained in Secs. 414.91 and 414.101. (For zinc, the applicable
limitations which may not be exceeded are those appearing in the tables
in Secs. 414.91 and 414.101, not the alternative limitations for rayon
fiber manufacture by the viscose process and the acrylic fiber
manufacture by the zinc chloride/solvent process set forth in footnote 2
to each of these tables.) For indirect dischargers, the control
authority may establish standards for lead and zinc for non-``metal-
bearing waste streams'' between the lowest level which the control
authority determines based on best professional judgment can be reliably
measured and the concentration of such metals present in the
wastestreams, but not to exceed the applicable standards contained in
Secs. 414.25, 414.35, 414.45, 414.55, 414.65, 414.75, and 414.85. (For
zinc, the applicable standards which may not be exceeded are those
appearing in the tables in the above referenced sections, not the
alternative standards for rayon filber manufacture by the viscose
process set forth in footnote 2 to the table in Sec. 414.25, or the
alternative standards for acrylic fiber manufacture by the zinc
chloride/solvent process set forth in footnote 2 to the table in
Sec. 414.35.) The limitations and standards for individual dischargers
shall be set on a mass basis by multiplying the concentration allowance
established by the permit writer or control authority by the process
wastewater flow from the individual wastestreams for which incidental
metals have been found to be present.
(i) BOD5 and TSS limitations for plants with production
in two or more subcategories. Any existing or new source direct
discharge point source subject to two or more of subparts B through H
must achieve BOD5 and TSS discharges not exceeding the
quantity (mass) determined by multiplying the total OCPSF process
wastewater flow subject to subparts B through H times the following
``OCPSF production-proportioned concentration'': For a specific plant,
let wj be the proportion of the plant's total OCPSF
production in subcategory j. Then the plant-specific production-
proportioned concentration limitations are given by:
[[Page 218]]
[GRAPHIC] [TIFF OMITTED] TC15NO91.016
The ``BOD5 Limitj'' and ``TSS Limitj''
are the respective subcategorical BOD5 and TSS Maximum for
Any One Day or Maximum for Monthly Average limitations.
[52 FR 42568, Nov. 5, 1987, as amended at 57 FR 41843, Sept. 11, 1992]