[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: 40CFR455.20]

[Page 471-472]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 455_PESTICIDE CHEMICALS--Table of Contents
 
     Subpart A_Organic Pesticide Chemicals Manufacturing Subcategory
 
Sec. 455.20  Applicability; description of the organic pesticide chemicals manufacturing subcategory.

    (a) For the purpose of calculating and applying effluent limitations 
for COD, BOD5, and TSS, and applying pH limits under BPT 
(Sec. 455.22), BCT (Sec. 455.23), and NSPS (Sec. 455.25), the 
provisions of this subpart are applicable to discharges resulting from 
the manufacture of organic pesticide active ingredients and organo-tin 
pesticide active ingredients, excluding the following: Allethrin; Benzyl 
Benzoate; Bisethylxanthogen; Chlorophacinone; Coumafuryl; Dimethyl 
Phthalate; Diphacinone; Endothall Acid; EXD (Herbisan); Gibberellic 
Acid; Glyphosate; Naphthalene Acetic Acid; Propargite; 1,8 Naphthalic 
Anhydride; Quinmethionate; Rotenone; Sulfoxide; Triazine compounds (both 
symmetrical and asymmetrical); and Warfarin and similar anticoagulants. 
Provided, however, that the effluent limitations of this subpart for 
BOD5 and TSS, but not COD, apply to manufacturers of Ametryn, 
Prometon, Prometryn, Terbutryn, Cyanazine, Atrazine, Propazine, 
Simazine, Terbuthylazine, Hexazinone, and Glyphosate.
    (b) For the purpose of calculating BPT effluent limitations for 
organic Pesticide chemicals, the provisions of this subpart are 
applicable to discharges resulting from the manufacture of the following 
organic active ingredients: Aldrin, BHC, Captan, Chlordane, DDD, DDE, 
DDT, Dichloran, Dieldrin, Endosulfan, Endrin, Heptachlor, Lindane, 
Methoxychlor, Mirex,

[[Page 472]]

PCNB, Toxaphene, Trifluralin, Azinphos Methyl, Demeton-O, Demeton-S, 
Diazinon, Disulfoton, Malathion, Parathion Methyl, Parathion Ethyl, 
Aminocarb, Carbaryl, Methiocarb, Mexacarbate, Propoxur, Barban, 
Chlorpropham, Diuron, Fenuron, Fenuron-TCA, Linuron, Monuron, Monuron-
TCA, Neubron, Propham, Swep, 2,4-D, Dicamba, Silvex, 2,4,5-T, Siduron, 
Perthane, and Dicofol.
    (c) The intermediates used to manufacture the active ingredients and 
active ingredients used solely in experimental pesticides are excluded 
from coverage in this subpart. Insecticidal pathogenic organisms such as 
Bacillus thuringiensis, insect growth hormones, plant extracts such as 
pyrethrins; sex attractants and botanicals such as Rotenone are also 
excluded from BPT coverage in this subpart.
    (d) A plant that manufactures a pesticide active ingredient listed 
in Table 1 of this part must comply with the BAT effluent limitations 
and new source performance and pretreatment standards for that pesticide 
active ingredient listed in table 2 (BAT and PSES) or Table 3 of this 
part (NSPS and PSNS). A plant that manufactures a pesticide active 
ingredient listed in Table 1 of this part must also comply with the BAT 
effluent limitations and new source performance and pretreatment 
standards for priority pollutants listed in Tables 4, 5 and 6 of this 
part. The limitations in Table 4 of this part (BAT and NSPS) are 
applicable to existing and new direct discharge point sources that use 
End-of-Pipe biological treatment. The limitations in Table 5 of this 
part (BAT and NSPS) are applicable to existing and new direct discharge 
point sources that do not use end-of-pipe biological treatment. The 
limitations in Table 6 of this part (PSES and PSNS) are applicable to 
existing and new sources that discharge to Publicly Owned Treatment 
Works.
    (e) In the case of lead and total cyanide, the discharge quantity 
(mass) shall be determined by multiplying the concentrations listed in 
the applicable tables in this subpart times the flow from non-complexed 
lead-bearing waste streams for lead and times the flow from non-
complexed cyanide-bearing waste streams for total cyanide. Discharges of 
cyanide in cyanide-bearing waste streams are not subject to the cyanide 
limitation and standards of this subpart 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 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.

[43 FR 44846, Sept. 29, 1978, as amended at 50 FR 40702, Oct. 4, 1985; 
51 FR 44911, Dec. 15, 1986; 58 FR 50689, Sept. 28, 1993]