[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR414.11]
[Page 221-223]
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
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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 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
Sec.Sec. 414.91 and 414.101. (For zinc, the
applicable limitations which may not be exceeded are those appearing in
the tables in Sec.Sec. 414.91 and 414.101, not the
alternative limitations for rayon
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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 Sec.Sec. 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:
[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]