[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: 40CFR721.91]

[Page 167-168]
 
                   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. 721.91  Computation of estimated surface water concentrations: Instructions.

    These instructions describe the use of the equation specified in 
Sec. 721.90(a)(4) and (b)(4) to compute estimated surface water 
concentrations which will result from release of a substance identified 
in subpart E of this part. The equation shall be computed for each site 
using the stream flow rate appropriate for the site according to 
paragraph (b) of this section, and the highest number of kilograms 
calculated to be released for that site on a given day according to 
paragraph (a) of this section. Two variables shall be considered in 
computing the equation, the number of kilograms released, and receiving 
stream flow.
    (a) Number of kilograms released. (1) To calculate the number of 
kilograms of substance to be released from manufacturing, processing, or 
use operations, as specified in the numerator of the equation, develop a 
process description diagram which describes each manufacturing, 
processing, or use operation involving the substance. The process 
description must include the major unit operation steps and chemical 
conversions. A unit operation is a functional step in a manufacturing, 
processing, or use operation where substances undergo chemical changes 
and/or changes in location, temperature, pressure, physical state, or 
similar characteristics. Include steps in which the substance is 
formulated into mixtures, suspensions, solutions, etc.
    (2) Indicate on each diagram the entry point of all feedstocks 
(e.g., reactants, solvents, and catalysts) used in the operation. 
Identify each feedstock and specify its approximate weight regardless of 
whether the process is continuous or batch.
    (3) Identify all release points from which the substance or wastes 
containing the substance will be released into air, land, or water. 
Indicate these release points on the diagram. Do not include accidental 
releases or fugitive emissions.
    (4) For releases identified in the diagram that are destined for 
water, estimate the amount of substance that will be released before the 
substance enters control technology. The kilograms of substance released 
may be estimated based on:
    (i) The mass balance of the operation, i.e., totaling inputs and 
outputs, including wastes for each part of the process such that outputs 
equal inputs. The amount released to water may be the difference between 
the amount of the substance in the starting material (or formed in a 
reaction) minus the amount of waste material removed from each part of 
the process and not released to water and the amount of the substance in 
the final product.
    (ii) Physical properties such as water solubility where a known 
volume of water being discharged is assumed to contain the substance at 
concentrations equal to its solubility in water. This approach is 
particularly useful where the waste stream results from separation of 
organic/water phases or filtration of the substance from an aqueous 
stream to be discharged.
    (iii) Measurements of flow rates of the process/use stream and known 
concentrations of the substance in the stream.
    (5) After releases of a substance to water are estimated for each 
operation on a site, total the releases of the substance to water from 
all operations at that site. The value (number of kilograms) specified 
in the numerator of the equation should reflect total kilograms of 
substance released to water per day from all operations at a single 
site.
    (6) Use the highest expected daily release of the substance for each 
site.
    (b) Receiving stream flow. (1) The receiving stream flow shall be 
expressed in million liters per day (MLD). The flow rate data to be used 
must be for the point of release on the water body that first receives 
release of the substance whether by direct discharge from a site, or by 
indirect discharge through a Publicly-Owned Treatment Works (POTW) for 
each site. The flow rate reported shall be the lowest 7-day average 
stream flow with a recurrence interval of 10 years (7-Q-10). If the 7-Q-
10 flow rate is not available for the actual point of release, the 
stream flow rate should be used from the U.S. Geological Survey (USGS) 
gauging station

[[Page 168]]

that is nearest the point of release that is expected to have a flow 
rate less than or equal to the receiving stream flow at the point of 
release.
    (2) Receiving stream flow data may be available from the National 
Pollutant Discharge Elimination System (NPDES) permit for the site or 
the POTW releasing the substance to surface water, from the NPDES 
permit-writing authority for the site or the POTW, or from USGS 
publications, such as the water-data report series.
    (3) If receiving stream flow data are not available for a stream, 
either the value of 10 MLD or the daily flow of wastewater from the site 
or the POTW releasing the substance must be used as an assumed minimum 
stream flow. Similarly, if stream flow data are not available because 
the location of the point of release of the substance to surface water 
is a lake, estuary, bay, or ocean, then the flow rate to be used must be 
the daily flow of wastewater from the site or the POTW releasing the 
substance to surface water. Wastewater flow data may be available from 
the NPDES permit or NPDES authority for the site or the POTW releasing 
the substance to water.