[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: 40CFR455.41]

[Page 475-477]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 455_PESTICIDE CHEMICALS--Table of Contents
 
   Subpart C_Pesticide Chemicals Formulating and Packaging Subcategory
 
Sec. 455.41  Special definitions.

    (a) Initial Certification Statement for this subpart means a written 
submission to the appropriate permitting authority, e.g., the local 
Control Authority (the POTW) or NPDES permit writer which must be signed 
by the responsible corporate officer as defined in 40 CFR 403.12(l) or 
40 CFR 122.22 and which:
    (1) Lists and describes those product families, process lines and/or 
process units for which the PFPR facility is implementing the Pollution 
Prevention Alternative (``P2 Alternative'');

[[Page 476]]

    (2) Describes the PFPR facility specific practices for each product 
family/process line/process unit which are to be practiced as part of 
the P2 Alternative;
    (3) Describes any justification allowing modification to the 
practices listed in Table 8 to this part 455; and
    (4) Lists the treatment system being used to obtain a P2 allowable 
discharge (as defined in 455.41).
    (b) Periodic Certification Statement for this subpart means a 
written submission to the appropriate permitting authority, e.g., the 
local Control Authority (the POTW) or NPDES permit writer, which states 
that the P2 Alternative is being implemented in the manner set forth in 
the control mechanism (for indirect dischargers) or NPDES permit (for 
direct dischargers) or that a justification allowing modification of the 
practices listed in Table 8 to this part 455 has been implemented 
resulting in a change in the pollution prevention practices conducted at 
the facility. The Periodic Certification Statement must be signed by the 
responsible corporate officer as defined in 40 CFR 403.12(l) or 40 CFR 
122.22.
    (c) On-site Compliance Paperwork for this subpart means data or 
information maintained in the offices of the PFPR facility which 
supports the initial and periodic certification statements as follows:
    (1) Lists and describes those product families, process lines and/or 
process units for which the facility is implementing the P2 Alternative;
    (2) Describes the facility specific practices for each product 
family/process line/process unit which are to be practiced as part of 
the P2 Alternative;
    (3) Describes any justification allowing modification to the 
practices listed in Table 8 to this part 455;
    (4) Includes a written discussion demonstrating that the treatment 
system being used contains the appropriate pollution control 
technologies (or equivalent systems/pesticide manufacturing systems) for 
removing the PAIs which may be found in the wastewater;
    (5) Establishes a method for demonstrating to the permitting/control 
authority that the treatment system is well operated and maintained; and
    (6) Includes a discussion of the rationale for choosing the method 
of demonstration.
    (d) For Indirect Dischargers:
    Pollution prevention (P2) allowable discharge (excluding interior 
wastewater sources, leak and spill clean-up water, and floor wash) for 
this subpart means the quantity of/concentrations of pollutants in PFPR 
process wastewaters that remain after a facility has demonstrated that 
it is using the specified practices of the Pollution Prevention 
Alternative as listed in Table 8 to this part 455.
    Pollution prevention (P2) allowable discharge for interior 
wastewater sources, leak and spill cleanup water, and floor wash for 
this subpart means the quantity of/concentrations of pollutants in PFPR 
process wastewaters that remain after a facility has demonstrated that 
it is using the specified practices of the Pollution Prevention 
Alternative as listed in Table 8 to this part 455 and that have been 
pretreated using appropriate pollution control technologies, as defined 
in Sec. 455.10(g), or a pesticide manufacturer's treatment system, or 
an equivalent system, used individually, or in any combination to 
achieve a sufficient level of pollutant reduction. Pretreatment 
requirements may be modified or waived by the Control Authority (POTW) 
to the extent that removal credits have been granted by the POTW in 
accordance with 40 CFR 403.7, provided the granting of such credits does 
not result in pass through or interference as defined in 40 CFR 403.3 
and complies with the provisions of 40 CFR 403.5. The facility must 
demonstrate that the appropriate pollution control technology is 
properly maintained and operated.
    (e) For Direct Dischargers:
    Pollution prevention (P2) allowable discharge for this subpart means 
the quantity of/concentrations of pollutants in PFPR process wastewaters 
that remain after a facility has demonstrated that it is using the 
specified practices of the Pollution Prevention Alternative as listed in 
Table 8 to this part 455 and that have been treated using appropriate 
pollution control technologies, as defined in Sec. 455.10(g), or a 
pesticide manufacturer's treatment system, or

[[Page 477]]

an equivalent system, used individually, or in any combination to 
achieve a sufficient level of pollutant reduction. The facility must 
demonstrate that the appropriate pollution control technology is 
properly maintained and operated.
    (f) Process wastewater, for this subpart, means all wastewater 
associated with pesticide formulating, packaging and repackaging except 
for sanitary water, non-contact cooling water and those wastewaters 
excluded from the applicability of the rule in Sec. 455.40.

[61 FR 57549, Nov. 6, 1996]