[Code of Federal Regulations] [Title 40, Volume 28] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR721.90] [Page 165-167] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES--Table of Contents Subpart B--Certain Significant New Uses Sec. 721.90 Release to water. Whenever a substance is identified in subpart E of this part as being subject to this section, a significant new use of the substance is: (a) Any predictable or purposeful release of a manufacturing stream associated with any use of the substance, from any site: (1) Into the waters of the United States. (2) Into the waters of the United States without application of one or more of the following treatment technologies as specified in subpart E of this part either by the discharger or, in the case of a release through publicly-owned treatment works, by a combination of treatment by the discharger and the publicly-owned treatment works: (i) Chemical precipitation and settling. (ii) Biological treatment (activated sludge or equivalent) plus clarification. (iii) Steam stripping. (iv) Resin or activated carbon adsorption. (v) Chemical destruction or conversion. (vi) Primary wastewater treatment. (3) Into the waters of the United States without primary wastewater treatment, and secondary wastewater treatment as defined in 40 CFR part 133. (4) Into the waters of the United States if the quotient from the following formula: number of kilograms/day/site released ---------------------------------------- receiving stream flow (million liters/ X 1000 = N parts per billion day) ------------------------------------------------------------------------ exceeds the level specified in subpart E of this part when calculated using the methods described in Sec. 721.91. In lieu of calculating the above quotient, monitoring or alternative calculations may be used to predict the surface water concentration which will result from the intended release of the substance, if the monitoring procedures or calculations have been approved for such purpose by EPA. EPA will review and act on written requests to approve monitoring procedures or alternative calculations within 90 days after such requests are received. EPA will inform submitters of the disposition of such requests in writing, and will explain [[Page 166]] the reasons therefor when they are denied. (b) Any predictable or purposeful release of a process stream containing the substance associated with any use of the substance from any site: (1) Into the waters of the United States. (2) Into the waters of the United States without application of one or more of the following treatment technologies as specified in subpart E of this part either by the discharger or, in the case of a release through publicly-owned treatment works, by a combination of treatment by the discharger and the publicly-owned treatment works: (i) Chemical precipitation and settling. (ii) Biological treatment (activated sludge or equivalent) plus clarification. (iii) Steam stripping. (iv) Resin or activated carbon adsorption. (v) Chemical destruction or conversion. (vi) Primary wastewater treatment. (3) Into the waters of the United States without primary wastewater treatment, and secondary wastewater treatment as defined in 40 CFR part 133. (4) Into the waters of the United States if the quotient from the following formula: number of kilograms/day/site released ---------------------------------------- 1000 = N parts per receiving stream flow (million liters/ X billion day) ------------------------------------------------------------------------ exceeds the level specified in subpart E of this part when calculated using the methods described in Sec. 721.91. In lieu of calculating the above quotient, monitoring or alternative calculations may be used to predict the surface water concentration which will result from the intended release of the substance, if the monitoring procedures or calculations have been approved for such purpose by EPA. EPA will review and act on written requests to approve monitoring procedures or alternative calculations within 90 days after such requests are received. EPA will inform submitters of the disposition of such requests in writing, and will explain the reasons therefor when they are denied. (c) Any predictable or purposeful release of a use stream containing the substance associated with any use of the substance from any site: (1) Into the waters of the United States. (2) Into the waters of the United States without application of one or more of the following treatment technologies as specified in subpart E of this part either by the discharger or, in the case of a release through publicly-owned treatment works, by a combination of treatment by the discharger and the publicly-owned treatment works: (i) Chemical precipitation and settling. (ii) Biological treatment (activated sludge or equivalent) plus clarification. (iii) Steam stripping. (iv) Resin or activated carbon adsorption. (v) Chemical destruction or conversion. (vi) Primary wastewater treatment. (3) Into the waters of the United States without primary wastewater treatment, and secondary wastewater treatment as defined in 40 CFR part 133. (4) Into the waters of the United States if the quotient from: number of kilograms/day/site released ---------------------------------------- receiving stream flow (million liters/ X 1000 = N parts per billion day) ------------------------------------------------------------------------ exceeds the level specified in subpart E of this part, when calculated using the methods described in Sec. 721.91. In lieu of calculating the above quotient, however, monitoring or alternative calculations may be used to predict the surface water concentration expected to result from intended release of the substance, if the monitoring procedures or calculations have been approved for such purpose by EPA. EPA will review and act on written requests to approve monitoring procedures or alternative calculations within 90 days after such requests are received. EPA will inform submitters of the disposition of such requests in writing, and [[Page 167]] will explain the reasons therefor when they are denied.