[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR430.03]

[Page 112-117]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 430--THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY--Table of Contents
 
Sec. 430.03  Best management practices (BMPs) for spent pulping liquor, soap, and turpentine management, spill prevention, and control.

    (a) Applicability. This section applies to direct and indirect 
discharging pulp, paper, and paperboard mills with pulp production in 
subparts B (Bleached Papergrade Kraft and Soda) and E (Papergrade 
Sulfite).
    (b) Specialized definitions. (1) Action Level: A daily pollutant 
loading that when exceeded triggers investigative or corrective action. 
Mills determine action levels by a statistical analysis of six months of 
daily measurements collected at the mill. For example, the lower action 
level may be the 75th percentile of the running seven-day averages (that 
value exceeded by 25 percent of the running seven-day averages) and the 
upper action level may be the 90th percentile of the running seven-day 
averages (that value exceeded by 10 percent of the running seven-day 
averages).
    (2) Equipment Items in Spent Pulping Liquor, Soap, and Turpentine 
Service: Any process vessel, storage tank, pumping system, evaporator, 
heat exchanger, recovery furnace or boiler, pipeline, valve, fitting, or 
other device that contains, processes, transports, or comes into contact 
with spent pulping liquor, soap, or turpentine. Sometimes referred to as 
``equipment items.''
    (3) Immediate Process Area: The location at the mill where pulping, 
screening, knotting, pulp washing, pulping liquor concentration, pulping 
liquor processing, and chemical recovery facilities are located, 
generally the battery limits of the aforementioned processes. 
``Immediate process area'' includes spent pulping liquor storage and 
spill control tanks located at the mill, whether or not they are located 
in the immediate process area.
    (4) Intentional Diversion: The planned removal of spent pulping 
liquor, soap, or turpentine from equipment items in spent pulping 
liquor, soap, or turpentine service by the mill for any purpose 
including, but not limited to, maintenance, grade changes, or process 
shutdowns.
    (5) Mill: The owner or operator of a direct or indirect discharging 
pulp, paper, or paperboard manufacturing facility subject to this 
section.
    (6) Senior Technical Manager: The person designated by the mill 
manager to review the BMP Plan. The senior technical manager shall be 
the chief engineer at the mill, the manager of pulping and chemical 
recovery operations, or other such responsible person designated by the 
mill manager who has knowledge of and responsibility for pulping and 
chemical recovery operations.
    (7) Soap: The product of reaction between the alkali in kraft 
pulping liquor and fatty acid portions of the wood, which precipitate 
out when water is evaporated from the spent pulping liquor.
    (8) Spent Pulping Liquor: For kraft and soda mills ``spent pulping 
liquor'' means black liquor that is used, generated, stored, or 
processed at any point in the pulping and chemical recovery processes. 
For sulfite mills ``spent pulping liquor'' means any intermediate, 
final, or used chemical solution that is used, generated, stored, or 
processed at any point in the sulfite pulping and chemical recovery 
processes (e.g., ammonium-, calcium-, magnesium-, or sodium-based 
sulfite liquors).
    (9) Turpentine: A mixture of terpenes, principally pinene, obtained 
by the steam distillation of pine gum recovered from the condensation of 
digester relief gases from the cooking of softwoods by the kraft pulping 
process. Sometimes referred to as sulfate turpentine.
    (c) Requirement to implement Best Management Practices. Each mill 
subject to this section must implement the Best Management Practices 
(BMPs) specified in paragraphs (c)(1) through (10) of this section. The 
primary objective of the BMPs is to prevent leaks and spills of spent 
pulping liquors, soap, and turpentine. The secondary objective is to 
contain, collect, and recover at the immediate process area, or 
otherwise control, those leaks, spills, and intentional diversions of 
spent pulping liquor, soap, and turpentine that do occur. BMPs must be 
developed according to best engineering practices and must be 
implemented in a manner that takes

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into account the specific circumstances at each mill. The BMPs are as 
follows:
    (1) The mill must return spilled or diverted spent pulping liquors, 
soap, and turpentine to the process to the maximum extent practicable as 
determined by the mill, recover such materials outside the process, or 
discharge spilled or diverted material at a rate that does not disrupt 
the receiving wastewater treatment system.
    (2) The mill must establish a program to identify and repair leaking 
equipment items. This program must include:
    (i) Regular visual inspections (e.g., once per day) of process areas 
with equipment items in spent pulping liquor, soap, and turpentine 
service;
    (ii) Immediate repairs of leaking equipment items, when possible. 
Leaking equipment items that cannot be repaired during normal operations 
must be identified, temporary means for mitigating the leaks must be 
provided, and the leaking equipment items repaired during the next 
maintenance outage;
    (iii) Identification of conditions under which production will be 
curtailed or halted to repair leaking equipment items or to prevent 
pulping liquor, soap, and turpentine leaks and spills; and
    (iv) A means for tracking repairs over time to identify those 
equipment items where upgrade or replacement may be warranted based on 
frequency and severity of leaks, spills, or failures.
    (3) The mill must operate continuous, automatic monitoring systems 
that the mill determines are necessary to detect and control leaks, 
spills, and intentional diversions of spent pulping liquor, soap, and 
turpentine. These monitoring systems should be integrated with the mill 
process control system and may include, e.g., high level monitors and 
alarms on storage tanks; process area conductivity (or pH) monitors and 
alarms; and process area sewer, process wastewater, and wastewater 
treatment plant conductivity (or pH) monitors and alarms.
    (4) The mill must establish a program of initial and refresher 
training of operators, maintenance personnel, and other technical and 
supervisory personnel who have responsibility for operating, 
maintaining, or supervising the operation and maintenance of equipment 
items in spent pulping liquor, soap, and turpentine service. The 
refresher training must be conducted at least annually and the training 
program must be documented.
    (5) The mill must prepare a brief report that evaluates each spill 
of spent pulping liquor, soap, or turpentine that is not contained at 
the immediate process area and any intentional diversion of spent 
pulping liquor, soap, or turpentine that is not contained at the 
immediate process area. The report must describe the equipment items 
involved, the circumstances leading to the incident, the effectiveness 
of the corrective actions taken to contain and recover the spill or 
intentional diversion, and plans to develop changes to equipment and 
operating and maintenance practices as necessary to prevent recurrence. 
Discussion of the reports must be included as part of the annual 
refresher training.
    (6) The mill must establish a program to review any planned 
modifications to the pulping and chemical recovery facilities and any 
construction activities in the pulping and chemical recovery areas 
before these activities commence. The purpose of such review is to 
prevent leaks and spills of spent pulping liquor, soap, and turpentine 
during the planned modifications, and to ensure that construction and 
supervisory personnel are aware of possible liquor diversions and of the 
requirement to prevent leaks and spills of spent pulping liquors, soap, 
and turpentine during construction.
    (7) The mill must install and maintain secondary containment (i.e., 
containment constructed of materials impervious to pulping liquors) for 
spent pulping liquor bulk storage tanks equivalent to the volume of the 
largest tank plus sufficient freeboard for precipitation. An annual tank 
integrity testing program, if coupled with other containment or 
diversion structures, may be substituted for secondary containment for 
spent pulping liquor bulk storage tanks.
    (8) The mill must install and maintain secondary containment for 
turpentine bulk storage tanks.

[[Page 114]]

    (9) The mill must install and maintain curbing, diking or other 
means of isolating soap and turpentine processing and loading areas from 
the wastewater treatment facilities.
    (10) The mill must conduct wastewater monitoring to detect leaks and 
spills, to track the effectiveness of the BMPs, and to detect trends in 
spent pulping liquor losses. Such monitoring must be performed in 
accordance with paragraph (i) of this section.
    (d) Requirement to develop a BMP Plan. (1) Each mill subject to this 
section must prepare and implement a BMP Plan. The BMP Plan must be 
based on a detailed engineering review as described in paragraphs (d)(2) 
and (3) of this section. The BMP Plan must specify the procedures and 
the practices required for each mill to meet the requirements of 
paragraph (c) of this section, the construction the mill determines is 
necessary to meet those requirements including a schedule for such 
construction, and the monitoring program (including the statistically 
derived action levels) that will be used to meet the requirements of 
paragraph (i) of this section. The BMP Plan also must specify the period 
of time that the mill determines the action levels established under 
paragraph (h) of this section may be exceeded without triggering the 
responses specified in paragraph (i) of this section.
    (2) Each mill subject to this section must conduct a detailed 
engineering review of the pulping and chemical recovery operations--
including but not limited to process equipment, storage tanks, pipelines 
and pumping systems, loading and unloading facilities, and other 
appurtenant pulping and chemical recovery equipment items in spent 
pulping liquor, soap, and turpentine service--for the purpose of 
determining the magnitude and routing of potential leaks, spills, and 
intentional diversions of spent pulping liquors, soap, and turpentine 
during the following periods of operation:
    (i) Process start-ups and shut downs;
    (ii) Maintenance;
    (iii) Production grade changes;
    (iv) Storm or other weather events;
    (v) Power failures; and
    (vi) Normal operations.
    (3) As part of the engineering review, the mill must determine 
whether existing spent pulping liquor containment facilities are of 
adequate capacity for collection and storage of anticipated intentional 
liquor diversions with sufficient contingency for collection and 
containment of spills. The engineering review must also consider:
    (i) The need for continuous, automatic monitoring systems to detect 
and control leaks and spills of spent pulping liquor, soap, and 
turpentine;
    (ii) The need for process wastewater diversion facilities to protect 
end-of-pipe wastewater treatment facilities from adverse effects of 
spills and diversions of spent pulping liquors, soap, and turpentine;
    (iii) The potential for contamination of storm water from the 
immediate process areas; and
    (iv) The extent to which segregation and/or collection and treatment 
of contaminated storm water from the immediate process areas is 
appropriate.
    (e) Amendment of BMP Plan. (1) Each mill subject to this section 
must amend its BMP Plan whenever there is a change in mill design, 
construction, operation, or maintenance that materially affects the 
potential for leaks or spills of spent pulping liquor, turpentine, or 
soap from the immediate process areas.
    (2) Each mill subject to this section must complete a review and 
evaluation of the BMP Plan five years after the first BMP Plan is 
prepared and, except as provided in paragraph (e)(1) of this section, 
once every five years thereafter. As a result of this review and 
evaluation, the mill must amend the BMP Plan within three months of the 
review if the mill determines that any new or modified management 
practices and engineered controls are necessary to reduce significantly 
the likelihood of spent pulping liquor, soap, and turpentine leaks, 
spills, or intentional diversions from the immediate process areas, 
including a schedule for implementation of such practices and controls.
    (f) Review and certification of BMP Plan. The BMP Plan, and any 
amendments thereto, must be reviewed by the senior technical manager at 
the mill and approved and signed by the mill

[[Page 115]]

manager. Any person signing the BMP Plan or its amendments must certify 
to the permitting or pretreatment control authority under penalty of law 
that the BMP Plan (or its amendments) has been prepared in accordance 
with good engineering practices and in accordance with this regulation. 
The mill is not required to obtain approval from the permitting or 
pretreatment control authority of the BMP Plan or any amendments 
thereto.
    (g) Record keeping requirements. (1) Each mill subject to this 
section must maintain on its premises a complete copy of the current BMP 
Plan and the records specified in paragraph (g)(2) of this section and 
must make such BMP Plan and records available to the permitting or 
pretreatment control authority and the Regional Administrator or his or 
her designee for review upon request.
    (2) The mill must maintain the following records for 3 years from 
the date they are created:
    (i) Records tracking the repairs performed in accordance with the 
repair program described in paragraph (c)(2) of this section;
    (ii) Records of initial and refresher training conducted in 
accordance with paragraph (c)(4) of this section;
    (iii) Reports prepared in accordance with paragraph (c)(5) of this 
section; and
    (iv) Records of monitoring required by paragraphs (c)(10) and (i) of 
this section.
    (h) Establishment of wastewater treatment system influent action 
levels. (1) Each mill subject to this section must conduct a monitoring 
program, described in paragraph (h)(2) of this section, for the purpose 
of defining wastewater treatment system influent characteristics (or 
action levels), described in paragraph (h)(3) of this section, that will 
trigger requirements to initiate investigations on BMP effectiveness and 
to take corrective action.
    (2) Each mill subject to this section must employ the following 
procedures in order to develop the action levels required by paragraph 
(h) of this section:
    (i) Monitoring parameters. The mill must collect 24-hour composite 
samples and analyze the samples for a measure of organic content (e.g., 
Chemical Oxygen Demand (COD) or Total Organic Carbon (TOC)). 
Alternatively, the mill may use a measure related to spent pulping 
liquor losses measured continuously and averaged over 24 hours (e.g., 
specific conductivity or color).
    (ii) Monitoring locations. For direct dischargers, monitoring must 
be conducted at the point influent enters the wastewater treatment 
system. For indirect dischargers monitoring must be conducted at the 
point of discharge to the POTW. For the purposes of this requirement, 
the mill may select alternate monitoring point(s) in order to isolate 
possible sources of spent pulping liquor, soap, or turpentine from other 
possible sources of organic wastewaters that are tributary to the 
wastewater treatment facilities (e.g., bleach plants, paper machines and 
secondary fiber operations).
    (3) By the date prescribed in paragraph (j)(1)(iii) of this section, 
each existing discharger subject to this section must complete an 
initial six-month monitoring program using the procedures specified in 
paragraph (h)(2) of this section and must establish initial action 
levels based on the results of that program. A wastewater treatment 
influent action level is a statistically determined pollutant loading 
determined by a statistical analysis of six months of daily 
measurements. The action levels must consist of a lower action level, 
which if exceeded will trigger the investigation requirements described 
in paragraph (i) of this section, and an upper action level, which if 
exceeded will trigger the corrective action requirements described in 
paragraph (i) of this section.
    (4) By the date prescribed in paragraph (j)(1)(vi) of this section, 
each existing discharger must complete a second six-month monitoring 
program using the procedures specified in paragraph (h)(2) of this 
section and must establish revised action levels based on the results of 
that program. The initial action levels shall remain in effect until 
replaced by revised action levels.
    (5) By the date prescribed in paragraph (j)(2) of this section, each 
new source subject to this section must complete a six-month monitoring 
program using the procedures specified in

[[Page 116]]

paragraph (h)(2) of this section and must develop a lower action level 
and an upper action level based on the results of that program.
    (6) Action levels developed under this paragraph must be revised 
using six months of monitoring data after any change in mill design, 
construction, operation, or maintenance that materially affects the 
potential for leaks or spills of spent pulping liquor, soap, or 
turpentine from the immediate process areas.
    (i) Monitoring, corrective action, and reporting requirements. (1) 
Each mill subject to this section must conduct daily monitoring of the 
influent to the wastewater treatment system in accordance with the 
procedures described in paragraph (h)(2) of this section for the purpose 
of detecting leaks and spills, tracking the effectiveness of the BMPs, 
and detecting trends in spent pulping liquor losses.
    (2) Whenever monitoring results exceed the lower action level for 
the period of time specified in the BMP Plan, the mill must conduct an 
investigation to determine the cause of such exceedance. Whenever 
monitoring results exceed the upper action level for the period of time 
specified in the BMP Plan, the mill must complete corrective action to 
bring the wastewater treatment system influent mass loading below the 
lower action level as soon as practicable.
    (3) Although exceedances of the action levels will not constitute 
violations of an NPDES permit or pretreatment standard, failure to take 
the actions required by paragraph (i)(2) of this section as soon as 
practicable will be a permit or pretreatment standard violation.
    (4) Each mill subject to this section must report to the NPDES 
permitting or pretreatment control authority the results of the daily 
monitoring conducted pursuant to paragraph (i)(1) of this section. Such 
reports must include a summary of the monitoring results, the number and 
dates of exceedances of the applicable action levels, and brief 
descriptions of any corrective actions taken to respond to such 
exceedances. Submission of such reports shall be at the frequency 
established by the NPDES permitting or pretreatment control authority, 
but in no case less than once per year.
    (j) Compliance deadlines. (1) Existing direct and indirect 
dischargers. Except as provided in paragraph (j)(2) of this section for 
new sources, indirect discharging mills subject to this section must 
meet the deadlines set forth below. Except as provided in paragraph 
(j)(2) of this section for new sources, NPDES permits must require 
direct discharging mills subject to this section to meet the deadlines 
set forth below. If a deadline set forth below has passed at the time 
the NPDES permit containing the BMP requirement is issued, the NPDES 
permit must require immediate compliance with such BMP requirement(s).
    (i) Prepare BMP Plans and certify to the permitting or pretreatment 
authority that the BMP Plan has been prepared in accordance with this 
regulation not later than April 15, 1999;
    (ii) Implement all BMPs specified in paragraph (c) of this section 
that do not require the construction of containment or diversion 
structures or the installation of monitoring and alarm systems not later 
than April 15, 1999.
    (iii) Establish initial action levels required by paragraph (h)(3) 
of this section not later than April 15, 1999.
    (iv) Commence operation of any new or upgraded continuous, automatic 
monitoring systems that the mill determines to be necessary under 
paragraph (c)(3) of this section (other than those associated with 
construction of containment or diversion structures) not later than 
April 17, 2000.
    (v) Complete construction and commence operation of any spent 
pulping liquor, collection, containment, diversion, or other facilities, 
including any associated continuous monitoring systems, necessary to 
fully implement BMPs specified in paragraph (c) of this section not 
later than April 16, 2001.
    (vi) Establish revised action levels required by paragraph (h)(4) of 
this section as soon as possible after fully implementing the BMPs 
specified in paragraph (c) of this section, but not later than January 
15, 2002.
    (2) New sources. Upon commencing discharge, new sources subject to 
this section must implement all of the BMPs specified in paragraph (c) 
of this

[[Page 117]]

section, prepare the BMP Plan required by paragraph (d) of this section, 
and certify to the permitting or pretreatment authority that the BMP 
Plan has been prepared in accordance with this regulation as required by 
paragraph (f) of this section, except that the action levels required by 
paragraph (h)(5) of this section must be established not later than 12 
months after commencement of discharge, based on six months of 
monitoring data obtained prior to that date in accordance with the 
procedures specified in paragraph (h)(2) of this section.
    (k) The provisions of paragraphs (c) through (j) of this section do 
not apply to the bleached papergrade kraft mill, commonly known as the 
Androscoggin Mill, that is owned by International Paper and located in 
Jay, Maine. In lieu of imposing the requirements specified in those 
paragraphs, the permitting authority shall establish conditions for the 
discharge of COD and color for this mill on the basis of best 
professional judgment.

[63 FR 18635, Apr. 15, 1998, as amended at 65 FR 46108, July 27, 2000]