[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: 40CFR455.45]

[Page 478-479]
 
                   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. 455.45  New source performance standards (NSPS).

    (a) Any new source, except as provided in paragraph (b) of this 
section, subject to this subpart which discharges process wastewater 
must meet the following standards: There shall be no discharge of 
process wastewater pollutants to navigable waters.
    Note: For new PFPR/Manufacturer facilities, as defined in Sec. 
455.10(p), which are also subject to the provisions of Sec. Sec. 
455.25, zero discharge means that permitting authorities shall provide 
no additional discharge allowance for those pesticide active ingredients 
(PAIs) in the pesticide formulating, packaging and repackaging 
wastewaters when those PAIs are also manufactured at the same facility.
    (b) Any new source subject to paragraph (a) of this section may have 
a pollution prevention allowable discharge, as defined in Sec. 
455.41(e), of wastewater pollutants to navigable waters if the 
discharger agrees to NPDES permit conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received a 
modification by

[[Page 479]]

Best Professional Judgement for modifications not listed in Table 8 of 
this Part 455);
    (2) The discharger will notify its NPDES permit writer at the time 
of submitting its application for a permit, of its intent to utilize the 
Pollution Prevention Alternative by submitting to the NPDES permit 
writer an initial certification statement as described in Sec. 
455.41(a);
    (3) The discharger will submit to its NPDES permitting authority a 
periodic certification statement as described in Sec. 455.41(b) once 
each year of operation; and
    (4) The discharger will maintain at the office of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).

[61 FR 57551, Nov. 6, 1996]