[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR455.45]

[Page 478-479]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 455--PESTICIDE CHEMICALS--Table of Contents
 
  Subpart C--Pesticide Chemicals Formulating and Packaging Subcategory
 
Sec. 455.45  New source performance standards (NSPS).

    (a) Any new source, except as provided in paragraph (b) of this 
section, subject to this subpart which discharges process wastewater 
must meet the following standards: There shall be no discharge of 
process wastewater pollutants to navigable waters.
    Note: For new PFPR/Manufacturer facilities, as defined in 
Sec. 455.10(p), which are also subject to the provisions of 
Secs. 455.25, zero discharge means that permitting authorities shall 
provide no additional discharge allowance for those pesticide active 
ingredients (PAIs) in the pesticide formulating, packaging and 
repackaging wastewaters when those PAIs are also manufactured at the 
same facility.
    (b) Any new source subject to paragraph (a) of this section may have 
a pollution prevention allowable discharge, as defined in 
Sec. 455.41(e), of wastewater pollutants to navigable waters if the 
discharger agrees to NPDES permit conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received a 
modification by Best Professional Judgement for modifications not listed 
in Table 8 of this Part 455);
    (2) The discharger will notify its NPDES permit writer at the time 
of submitting its application for a permit, of its intent to utilize the 
Pollution Prevention Alternative by submitting to the NPDES permit 
writer an initial certification statement as described in 
Sec. 455.41(a);

[[Page 479]]

    (3) The discharger will submit to its NPDES permitting authority a 
periodic certification statement as described in Sec. 455.41(b) once 
each year of operation; and
    (4) The discharger will maintain at the office of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).

[61 FR 57551, Nov. 6, 1996]