[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR438.1]

[Page 380-381]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 438_METAL PRODUCTS AND MACHINERY POINT SOURCE CATEGORY
--Table of Contents
 
Sec. 438.1  General applicability.

    (a) As defined more specifically in subpart A, except as provided in 
paragraphs (b) through (e) of this section, this part applies to process 
wastewater discharges from oily operations (as defined at Sec. 438.2(f) 
and appendix B of this part) to surface waters from existing or new 
industrial facilities (including facilities owned and operated by 
Federal, State, or local governments) engaged in manufacturing, 
rebuilding, or maintenance of metal parts, products, or machines for use 
in the Metal Product & Machinery (MP&M) industrial sectors listed in 
this section. The MP&M industrial sectors consist of the following:

Aerospace;
Aircraft;
Bus and Truck;
Electronic Equipment;
Hardware;
Household Equipment;
Instruments;
Miscellaneous Metal Products;
Mobile Industrial Equipment;
Motor Vehicle;
Office Machine;
Ordnance;
Precious Metals and Jewelry;
Railroad;
Ships and Boats; or
Stationary Industrial Equipment.

    (b) The regulations in this part do not apply to process wastewaters 
from metal-bearing operations (as defined at Sec. 438.2(d) and appendix 
C of this part) or process wastewaters which are subject to the 
limitations and standards of other effluent limitations guidelines 
(e.g., Metal Finishing (40 CFR part 433) or Iron and Steel Manufacturing 
(40 CFR part 420)). The regulations in this part also do not apply to 
process wastewaters from oily operations (as defined at Sec. 438.2(f) 
and appendix B of this part) commingled with process wastewaters already 
covered by other effluent limitations guidelines or with process 
wastewaters from metal-bearing operations. This provision must be 
examined for each point source discharge at a given facility.
    (c) Wastewater discharges resulting from the washing of cars, 
aircraft or other vehicles, when performed only for aesthetic or 
cosmetic purposes, are not subject to this part. Direct discharges 
resulting from the washing of cars, aircraft or other vehicles, when 
performed as a preparatory step prior

[[Page 381]]

to one or more successive manufacturing, rebuilding, or maintenance 
operations, are subject to this part.
    (d) Wastewater discharges from railroad line maintenance facilities 
(as defined at Sec. 438.2(h)) are not subject to this part. Wastewater 
discharges from railroad overhaul or heavy maintenance facilities (as 
defined at Sec. 438.2(i)) may be covered by subpart A of this part, the 
Metal Finishing Point Source Category (40 CFR part 433), or by other 
effluent limitations guidelines, as applicable.
    (e) The following wastewater discharges are not subject to this 
part:
    (1) Non-process wastewater as defined at Sec. 438.2(e).
    (2) Wastewater discharges introduced into a Publicly Owned Treatment 
Works (POTW) or a Federally owned and operated Treatment Works Treating 
Domestic Sewage (TWTDS), as defined at 40 CFR 122.2.
    (3) Process wastewater generated by maintenance and repair 
activities at gasoline service stations, passenger car rental 
facilities, or utility trailer and recreational vehicle rental 
facilities.
    (4) Wastewater discharges generated from gravure cylinder 
preparation or metallic platemaking conducted within or for printing and 
publishing facilities.
    (5) Wastewater discharges in or on dry docks and similar structures, 
such as graving docks, building ways, marine railways, lift barges at 
shipbuilding facilities (or shipyards), and ships that are afloat.
    (6) Wastewater generated by facilities primarily performing drum 
reconditioning and cleaning to prepare metal drums for resale, reuse, or 
disposal.