[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR425.04]

[Page 7-9]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 425--LEATHER TANNING AND FINISHING POINT SOURCE CATEGORY--Table of Contents
 
Sec. 425.04  Applicability of sulfide pretreatment standards.

    (a) A POTW receiving wastewater from a facility subject to this part 
may require more stringent pretreatment standards for sulfide than those 
established by this part without EPA approval.
    (b) The pretreatment standards for sulfide established by this part 
will not

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apply if the POTW receiving wastewater from a facility subject to this 
part certifies in writing with explanation of relevant factors 
considered, in accordance with the provisions of paragraph (c) of this 
section, that the discharge of sulfide from the facility does not 
interfere with the operation of the POTW. In making this determination, 
the POTW shall consider all relevant factors including but not limited 
to the following:
    (1) The presence and characteristics, of other industrial 
wastewaters which can increase or decrease sulfide concentrations, pH, 
or both.
    (2) The characteristics of the sewer/interceptor collection system 
which either minimize or enhance opportunities for release of hydrogen 
sulfide gas.
    (3) The characteristics of the receiving POTWs headworks, 
preliminary and primary treatment systems, and sludge holding and 
dewatering facilities which either minimize or enhance opportunities for 
release of hydrogen sulfide gas.
    (4) The occurrence of any prior sulfide related interference as 
defined in Sec. 425.02(j).
    (c)(1) On October 13, 1983, a POTW which intends to certify that the 
sulfide pretreatment standard should not apply must publish, in a local 
newspaper with the largest circulation, a notice that presents the 
findings supporting this determination consistent with paragraph (a) of 
this section. Allowance for public hearing of these findings also must 
be provided. The POTW shall identify all existing facilities to which 
the sulfide pretreatment standard otherwise established by this part 
would not apply.
    (2) On January 11, 1984, a POTW which intends to certify that the 
sulfide pretreatment standard should not apply must file a written 
certification with the Regional Water Management Division Director, 
Environmental Protection Agency, in the appropriate Regional Office. 
This certification shall include the findings supporting this 
determination and the results of public comments, and public hearing(s) 
if held.
    (3) On February 10, 1984, EPA shall acknowledge to the POTW receipt 
of any certification submitted under paragraphs (c) (1) and (2) of this 
section, and shall indicate to the POTW the adequacy of the submission 
based upon a review of the factors set forth in paragraph (b) of this 
section.
    (4) Within 30 days of the date of receipt of adequate submissions 
under paragraphs (c) (1), (2), and (3) of this section, EPA shall 
publish a notice in the Federal Register identifying those facilities to 
which the sulfide pretreatment standards of this part shall not apply.
    (5) A POTW may certify that the sulfide pretreatment standards of 
this part should not apply to a new source planning to discharge into 
the POTW. This certification must be submitted prior to the commencement 
of discharge, and must conform at a minimum with criteria in paragraph 
(b) of this section and the general procedures and intervals of time 
contained in paragraphs (c) (1), (2), (3), and (4) of this section.
    (d)(1) If, after EPA and the POTW have determined in accordance with 
this section that the sulfide pretreatment standards of this part are 
not applicable to specified facilities, a POTW then determines that 
there have been changed circumstances (including but not limited to 
changes in the factors specified in paragraph (b) of this section) which 
justify application of the sulfide pretreatment standards, the POTW 
shall revoke the certification submitted under paragraph (c) of this 
section. The POTW and EPA shall then adhere to the general procedures 
and time intervals contained in paragraph (c) of this section in order 
to determine whether the sulfide pretreatment standards contained in 
this part are applicable.
    (2) If pursuant to paragraph (d)(1) of this section, the sulfide 
pretreatment standards of this part are applicable to a specified 
facility, the indirect discharger shall comply with the sulfide 
pretreatment standards no later than 18 months from the date of 
publication of the Federal Register notice identifying the facility.
    (e) At any time after October 13, 1983, if a POTW determines that 
there have been changed circumstances (including but not limited to 
changes in the factors specified in paragraph (b) of this

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section), it may initiate proceedings contained in paragraph (c) of this 
section to determine that the sulfide pretreatment standards of this 
part shall not be applicable. The POTW and EPA shall follow the 
procedures and time intervals contained in paragraph (c) of this section 
to make this determination. A final determination that the sulfide 
pretreatment standards are not applicable must be made prior to the 
discharge of sulfide not in accordance with the standards set forth in 
this part.


(The information collection and reporting requirements contained in 
paragraphs (b) and (c) were approved by the Office of Management and 
Budget under control number 2040-0032)

[47 FR 52870, Nov. 23, 1982; 48 FR 30117, June 30, 1983, as amended at 
48 FR 31404, July 8, 1983; 48 FR 32346, July 15, 1983; 48 FR 35649, Aug. 
5, 1983; 53 FR 9181, Mar. 21, 1988]