[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR414.11]



[Page 222-223]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 414_ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC FIBERS--Table of 

Contents

 

                            Subpart A_General

 

Sec.  414.11  Applicability.



    (a) The provisions of this part are applicable to process wastewater 

discharges from all establishments or portions of establishments that 

manufacture the organic chemicals, plastics, and synthetic fibers 

(OCPSF) products or product groups covered by subparts B through H of 

this regulation and are included within the following U.S. Department of 

Commerce Bureau of the Census Standard Industrial Classification (SIC) 

major groups:

    (1) SIC 2821--Plastic Materials, Synthetic Resins, and 

Nonvulcanizable Elastomers,

    (2) SIC 2823--Cellulosic Man-Made Fibers,

    (3) SIC 2824--Synthetic Organic Fibers, Except Cellulosic,

    (4) SIC 2865--Cyclic Crudes and Intermediates, Dyes, and Organic 

Pigments,

    (5) SIC 2869--Industrial Organic Chemicals, Not Elsewhere 

Classified.

    (b) The provisions of this part are applicable to wastewater 

discharges from OCPSF research and development, pilot plant, technical 

service and laboratory bench scale operations if such operations are 

conducted in conjunction with and related to existing OCPSF 

manufacturing activities at the plant site.

    (c) Notwithstanding paragraph (a) of this section, the provisions of 

this part are not applicable to discharges resulting from the 

manufacture of OCPSF products if the products are included in the 

following SIC subgroups and have in the past been reported by the 

establishment under these subgroups and not under the SIC groups listed 

in paragraph (a) of this section:

    (1) SIC 2843085--bulk surface active agents;

    (2) SIC 28914--synthetic resin and rubber adhesives;

    (3) Chemicals and Chemical Preparations, not Elsewhere Classified:

    (i) SIC 2899568--sizes, all types

    (ii) SIC 2899597--other industrial chemical specialties, including 

fluxes, plastic wood preparations, and embalming fluids;

    (4) SIC 2911058--aromatic hydrocarbons manufactured from purchased 

refinery products; and

    (5) SIC 2911632--aliphatic hydrocarbons manufactured from purchased 

refinery products.

    (d) Notwithstanding paragraph (a) of this section, the provisions of 

this part are not applicable to any discharges for which a different set 

of previously promulgated effluent limitations guidelines and standards 

in this subchapter apply, unless the facility reports OCPSF products 

under SIC codes 2865, 2869, or 2821, and the facility's OCPSF 

wastewaters are treated in a separate treatment system or discharged 

separately to a publicly owned treatment works.

    (e) The provisions of this part do not apply to any process 

wastewater discharges from the manufacture of organic chemical compounds 

solely by extraction from plant and animal raw materials or by 

fermentation processes.

    (f) Discharges of chromium, copper, lead, nickel, and zinc in 

``complexed metal-bearing waste streams,'' listed in appendix B of this 

part, are not subject to the requirements of this part.

    (g) Non-amenable cyanide. Discharges of cyanide in ``cyanide-bearing 

waste streams'' (listed in Appendix A to this part) are not subject to 

the cyanide limitations and standards of this part if the permit writer 

or control authority determines that the cyanide limitations and 

standards are not achievable due to elevated levels of non-amenable 

cyanide (i.e., cyanide that is not oxidized by chlorine treatment) that 

result from the unavoidable complexing of cyanide at the process source 

of the cyanide-bearing waste stream and establishes an alternative total 

cyanide or amenable cyanide limitation that reflects the best available 

technology economically achievable. The determination must be based upon 

a review of relevant engineering, production, and sampling and analysis 

information, including measurements of both total and amenable cyanide 

in the waste stream. An analysis of the extent of complexing in the 

waste



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stream, based on the foregoing information, and its impact on cyanide 

treatability shall be set forth in writing and, for direct dischargers, 

be contained in the fact sheet required by 40 CFR 124.8.

    (h) Allowances for non-metal-bearing waste streams. Discharge 

limitations for chromium, copper, lead, nickel, and zinc or discharge 

standards for lead and zinc may be established for waste streams not 

listed in Appendix A of this part and not otherwise determined to be 

``metal-bearing waste streams'' if the permit writer or control 

authority determines that the wastewater metals contamination is due to 

background levels that are not reasonably avoidable from sources such as 

intake water, corrosion of construction materials or contamination of 

raw materials. The determination must be based upon a review of relevant 

plant operating conditions, process chemistry, engineering, and sampling 

and analysis information. An analysis of the sources and levels of the 

metals, based on the foregoing information, shall be set forth in 

writing; for direct dischargers, the analysis shall be contained in the 

fact sheet required by 40 CFR 124.8. For direct dischargers, the permit 

writer may establish limitations for chromium, copper, lead, nickel, and 

zinc for non-``metal-bearing waste streams'' between the lowest level 

which the permit writer determines based on best professional judgment 

can be reliably measured and the concentrations of such metals present 

in the wastestreams, but not to exceed the applicable limitations 

contained in Sec. Sec.  414.91 and 414.101. (For zinc, the applicable 

limitations which may not be exceeded are those appearing in the tables 

in Sec. Sec.  414.91 and 414.101, not the alternative limitations for 

rayon fiber manufacture by the viscose process and the acrylic fiber 

manufacture by the zinc chloride/solvent process set forth in footnote 2 

to each of these tables.) For indirect dischargers, the control 

authority may establish standards for lead and zinc for non-``metal-

bearing waste streams'' between the lowest level which the control 

authority determines based on best professional judgment can be reliably 

measured and the concentration of such metals present in the 

wastestreams, but not to exceed the applicable standards contained in 

Sec. Sec.  414.25, 414.35, 414.45, 414.55, 414.65, 414.75, and 414.85. 

(For zinc, the applicable standards which may not be exceeded are those 

appearing in the tables in the above referenced sections, not the 

alternative standards for rayon filber manufacture by the viscose 

process set forth in footnote 2 to the table in Sec.  414.25, or the 

alternative standards for acrylic fiber manufacture by the zinc 

chloride/solvent process set forth in footnote 2 to the table in Sec.  

414.35.) The limitations and standards for individual dischargers shall 

be set on a mass basis by multiplying the concentration allowance 

established by the permit writer or control authority by the process 

wastewater flow from the individual wastestreams for which incidental 

metals have been found to be present.

    (i) BOD5 and TSS limitations for plants with production 

in two or more subcategories. Any existing or new source direct 

discharge point source subject to two or more of subparts B through H 

must achieve BOD5 and TSS discharges not exceeding the 

quantity (mass) determined by multiplying the total OCPSF process 

wastewater flow subject to subparts B through H times the following 

``OCPSF production-proportioned concentration'': For a specific plant, 

let wj be the proportion of the plant's total OCPSF 

production in subcategory j. Then the plant-specific production-

proportioned concentration limitations are given by:

[GRAPHIC] [TIFF OMITTED] TC15NO91.016





The ``BOD5 Limitj'' and ``TSS Limitj'' 

are the respective subcategorical BOD5 and TSS Maximum for 

Any One Day or Maximum for Monthly Average limitations.



[52 FR 42568, Nov. 5, 1987, as amended at 57 FR 41843, Sept. 11, 1992]



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