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Section B. Clean Water Act Requirements

Law: Federal Water Pollution Control Act (Clean Water Act)

The Clean Water Act (CWA) is the basic Federal law governing water pollution control in the United States today. The electronics industry produces a number of pollutants that are regulated under the CWA. Applicable provisions of the CWA are described below, including Spills of Oil and Hazardous Substances, the National Pollutant Discharge Elimination System (NPDES) Permit Program, and the Underground Injection Control Program, which may impact the electronics industry in the future.

B.1 SPILLS OF OIL AND HAZARDOUS SUBSTANCES

B.1.1 Discharge of Oil (40 CFR 110)

The regulations in this part apply to the discharge of oil, which is prohibited by Section 311(b)(3) of the CWA. Prohibited discharges include certain discharges into or upon the navigable waters of the United States or adjoining shorelines or into or upon the waters of the contiguous zone, those occurring in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or those that may affect natural resources belonging to, appertaining to, or under the exclusive management of the United States.

These regulations define the term "discharge" used in Section 110.11 of the CWA as including (but not being limited to) any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the marine environment of quantities of oil that:

B.1.2 Oil Pollution Prevention (40 CFR 112)

This. section establishes procedures, methods, equipment, and other requirements to prevent the discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines. A business that owns or operates above-ground oil storage tanks having capacities greater than 1,320 gallons, and that could reasonably be expected to discharge oil to the navigable waters of the United States, must prepare a written Spill Prevention Control and Counter-measure (SPCC) Plan in accordance with Section 112.7 of the CWA. No SPCC Plan is considered to satisfy the requirements of this part unless it has been reviewed and certified by a Registered Professional Engineer.

In addition to the minimal prevention standards listed in Section 112.7(c), the SPCC Plan should include a complete discussion related to the following:

B.1.3 Designation and Reportable Quantities of Hazardous Substances Under the Federal Water Pollution Control Act (40 CFR 116 and 40 CFR 117)

Part 116 of the Federal Water Pollution Control Act (FWPCA) designates hazardous substances under Section 311(b)(2)(a) of the Clean Water Act, and Part 117 of the FWPCA establishes the Reportable Quantity (RQ) for each substance listed in Part 116. When an amount equal to or in excess of the RQ is discharged, the facility must provide notice to the Federal government of the discharge, following Department of Transportation requirements set forth in 33 CFR 153.203. This requirement does not apply to facilities that discharge the substance under an NPDES Permit or a CWA Section 404 (dredge and fill) Permit, or to a publicly owned treatment works (POTW), as long as any applicable effluent limitations or pretreatment standards have been met. Examples of RQs listed in 40 CFR 117.3 that may apply to chemicals used in semiconductor manufacturing, semiconductor packaging, printed wiring board manufacturing, and display manufacturing are shown in Exhibits 11 - 14.

EXHIBIT 11.
Reportable Quantities (RQs) That May Apply to the Semiconductor Industry

Hazardous Substance RQ in Pounds
Acetic acid 5,000
Ammonia 100
Ammonium fluoride 100
Ammonium hydroxide 1,000
Antimony trichloride 1,000
Antimony trioxide 1,000
Arsenic trioxide 1
Carbon tetrachloride 10
Chlorine 10
Chromic acid 10
Ethyl benzene 1,000
Ethylenediamine 5,000
Ferric chloride 1,000
Ferric nitrate 1,000
Hydrochloric acid 5,000
Hydrofluoric acid 100
Isoprene 100
Nickel compounds 10 to 100
Nitric acid 1,000
Phosphoric acid 5,000
Phosphorus oxychloride 1,000
Phosphorus trichloride 1,000
Potassium cyanide 10
Potassium hydroxide 1,000
Sodium hydroxide 1,000
Sulfuric acid 1,000
Trichloroethylene 100
Xylene 1,000

EXHIBIT 12.
Reportable Quantities (RQs) That May Apply to Semiconductor Packaging

Hazardous Substance RQ in Pounds
Ammonium hydroxide 1,000
Antimony trioxide 1,000
n-butyl acetate 5,000
Chlorine 10
Chromic acid 10
Cupric chloride 10
Cupric nitrate 100
Ethyl benzene 1,000
Ferric chloride 1,000
Hydrochloric acid 5,000
Hydrofluoric acid 100
Nickel chloride 100
Nickel sulfate 100
Nitric acid 1,000
Potassium cyanide 10
Sulfuric acid 1,000
Toluene 1,000
Xylene 1,000

EXHIBIT 13.
Reportable Quantities (RQs) That May Apply to the Printed Wiring Board Industry

Hazardous Substances RQ in Pounds
Ammonia 100
Ammonium bifluoride 100
Ammonium chloride 5,000
Ammonium hydroxide 1,000
Chlorine 10
Chromic acid 10
Cupric chloride 10
Cupric nitrate 100
Cupric sulfate 10
Formaldehyde 100
Hydrochloric acid 5,000
Hydrofluoric acid 100
Nickel chloride 100
Nitric acid 1,000
Potassium hydroxide 1,000
Potassium permanganate 100
Sodium hydroxide 1,000
Sulfuric acid 1,000

EXHIBIT 14.
Reportable Quantities (RQs) That May Apply to the Display Manufacturing Industry

Hazardous Substance RQ in Pounds
Nitric acid 1,000
Trichloroethylene 100

B.2 EPA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM

B.2.1 National Pollutant Discharge Elimination System Permit Regulations (40 CFR 122)

Sections 301, 304, 306, 307, and 402 of the Clean Water Act authorize the establishment of regulations and the issuance of permits to control the discharge of pollutants to waters of the United States. The National Pollutant Discharge Elimination System (NPDES) permit program includes regulations governing these discharges. Forty States and one territory are authorized to administer NPDES programs that are at least as stringent as the federal program; EPA administers the program in States that are not authorized to do so. The following discussion covers federal NPDES requirements; where a State implements the program, the facility may be required to comply with additional requirements not covered in this document.

The NPDES program requires permits for the discharge of "pollutants" from any "point source" into "navigable waters"; except those covered under dredge and fill permits (CWA Section 404 permits). The Act defines all of these terms broadly. The term "pollutant" encompasses almost anything that a source might discharge, including dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural wastes discharged into water. The term "point source" means any discernible, confined, and discrete conveyance, such as a ditch or a pipe. The Act defines "navigablewaters" as "waters of the United States." Courts have construed the term"waters of the United States" very broadly; the waters need not be navigable in fact and can include wetlands.

Thus, a source will be required to obtain an NPDES permit if it discharges almost anything (except dredge and fill) directly to surface waters. A source that sends its wastewater to a publicly owned treatment works (POTW) will not be required to obtain an NPDES permit, but may need to comply with pretreatment requirements and be required to obtain an industrial user permit from the POTW to cover its discharge. Even if the source does not produce any wastewater, it may still be subject to the NPDES permit program if it discharges "storm water associated with industrial activity," including construction activity that results in the disturbance of 5 or more acres of land area. Section B.2.5 of this document discusses when facilities need to obtain a storm water permit.

Permit application requirements are set forth in 40 CFR 122.21(f) and (g) for discharges of process wastewater, 40 CFR 122.21(k) for new sources and new discharges, 40 CFR 122.21(h) for non-process wastewater, and 40 CFR 122.26(c)(1) for storm water. Application requirements for variances are set forth in 40 CFR 122.21(m).

An application for a permit for process wastewater must include information on the location of the outfall(s), a line drawing showing the water flow through the facility (with a water balance), a description of average flows and the treatment of wastewater before discharge, and an estimate of the facility's actual production if an effluent limitation guideline applies (see below). In addition, the applicant must report quantitative data for every outfall for the following pollutants:

The application also must report the results of any biological toxicity tests that may have been conducted on its effluent within the previous three years. Finally, the facility must provide information on its "effluent characteristics." Semiconductor manufacturing facilities will need to test for all 126 priority pollutants listed in 40 CFR 122, Appendix D. Semiconductor packaging, printed wiring board, and display facilities must provide quantitative data only for those priority pollutants which the applicant knows or has reason to believe will be discharged in greater than trace amounts. Exhibits 15 - 17 list the priority pollutants likely to be discharged by these facilities.

EXHIBIT 15.
Priority Pollutants Used in Semiconductor Packaging That May Be Present in Discharge

Antimony Lead
Chromium Methylene chloride
Copper Nickel
Cyanide Silver
Ethyl benzene 1,1,1-Trichloroethane

EXHIBIT 16.
Priority Pollutants Used in Printed Wiring Board Manufacturing That May Be Present in Discharge

Chromium Methylene chloride
Copper Nickel
Cyanide Perchloroethylene
Lead 1,1,1-Trichloroethane

EXHIBIT 17.
Priority Pollutants Used in Display Manufacturing That May be Present in Discharge

Lead compounds Trichloroethylene

Each applicant also must indicate whether it knows or has reason to believe it discharges any of the other hazardous substances, or non-conventional pollutants located at 40 CFR 122 Appendix D. Quantitative testing is not required for the other hazardous pollutants; however, the applicant must describe why it expects the pollutant to be discharged and provide the results of any quantitative data about its discharge of that pollutant. Quantitative testing is required for the non-conventional pollutants if the applicant expects them to be present in its discharge. Exhibits 18 - 21 list the other hazardous substances and other non-conventional pollutants likely to be discharged by semiconductor, semiconductor packaging, printed wiring board, and display manufacturing.

EXHIBIT 18.
Hazardous and Non-Conventional Chemicals Used in Semiconductor Manufacturing

Hazardous Pollutants Non-Conventional Pollutants
Butyl acetate Aluminum, total
Ethylene diamine Boron, total
Isoprene Chlorine, total residual
Xylene Iron, total
Nitrate/nitrite Phosphorus, total
Titanium, total

EXHIBIT 19.
Hazardous and Non-Conventional Chemicals Used in Semiconductor Packaging

Hazardous Pollutants Non-Conventional Pollutants
Butyl acetate Chlorine, total residual
Xylene Iron, total
Nitrate/nitrite
Phosphorus, total
Tin, total
Titanium, total

EXHIBIT 20.
Hazardous and Non-Conventional Chemicals Used in Printed Wiring Board Manufacturing

Hazardous Pollutants Non-Conventional Pollutants
Formaldehyde Boron, total
Chlorine, total residual
Nitrates/nitrites
Tin, total

EXHIBIT 21.
Hazardous and Non-Conventional Chemicals Used in Display Manufacturing

Hazardous Pollutants Non-Conventional Pollutants
Nitrates/nitrites

If the facility discharges only non-process wastewater, the application must include information on the location of the outfall(s), a description of the type of waste, and the results of quantitative testing for the following:

A description of the frequency of flow and the duration of any seasonal or intermittent discharge and a brief description of any system used or to be used must also be provided.

"Standard permit conditions" apply to all NPDES permits and are contained in 40 CFR 122.41. These conditions describe the legal effect of the permit and its revocability, as well as explaining the affirmative defenses which may be available to a non-compliant permittee. They also put the permittee on notice of penalties which may be assessed if the permit is violated. Standard permit conditions also describe the permittee's duties and obligations during the effective period of the permit, including the duty to comply with all conditions in a current permit. The permittee must maintain records of all monitoring information for a period of at least three years from the date of the sample, and monitoring results must be reported at the intervals specified in the permit. The NPDES permitting authority (either EPA or an approved State) is allowed to enter the facility at any reasonable time to conduct an inspection or to monitor activity. The NPDES permitting authority must be notified if the discharger knows or has reason to believe that any toxic discharge has exceeded any effluent limitation in the permit. Other generic requirements are also contained in this section of the permit.

Along with standard permitting conditions, NPDES permits contain technology and water-quality based effluent limitations, monitoring, reporting, and record keeping requirements and, potentially, storm water treatment provisions. Other site-specific conditions ("special conditions") may be imposed on facilities through their NPDES permits, including:

B.2.2 Effluent Limitation Guidelines and Standards for Electronics Manufacturing

A principal means for attaining water quality objectives under the Clean Water Act is the establishment and enforcement of technology-based effluent limitations, which are based on the pollutant control capabilities of available technologies, taking into consideration the economic achievability of these limitations and a number of other factors. Because of differences in production processes, quantities, and composition of discharges, separate standards are established for discharges associated with different industry categories. These standards are referred to as technology-based effluent limitation guidelines.

The effluent limitation to be applied to a particular pollutant in a particular case depends on the following:

Existing sources must comply with either BPT (best practicable control technology currently available) standards, BCT (best conventional pollution control technology) standards, which includes the technology-based requirements for "conventional" pollutants (oil and grease, fecal coliform, biochemical oxygen demand, total suspended solids, and pH), or BAT (best available control technology economically practicable) standards.

In the absence of effluent limitation guidelines for a facility category, permit writers establish technology-based controls using their Best Professional Judgement. In essence, the permit writer undertakes an effluent guideline-type analysis for a single facility. The permit writer will use information such as permit limits from similar facilities using similar treatment technology, performance data from actual operating facilities, and scientific literature. Best Professional Judgement may not be used in lieu of existing effluent guidelines. These guidelines apply only to direct dischargers of wastewater.

Part 469, Subpart B of the Code of Federal Regulations applies to discharges resulting from the manufacture of electronic crystals. For the purposes of this document, we assume that electronic crystals are bought from manufacturers. However, if electronic crystals are manufactured on the premises, facilities must be in compliance with this part of the Code.

The following guidelines apply to the semiconductor, printed wiring board, and display manufacturing industries.

Semiconductor Manufacturing

The provisions in Part 469, Subpart A (Exhibits 22-25) apply to discharges resulting from all process operations associated with the manufacture of semiconductors (except sputtering, vapor deposition, and electroplating). As used in this Part, the term "total toxic organics" (TTO) means the sum of the concentrations of each of the following toxic organic compounds found in the discharge at a concentration greater than ten (10) micrograms per liter:

The effluent limitations shown in Exhibits 22 - 25 are used as the basis for NPDES permits for the semiconductor industry.

EXHIBIT 22.
Semiconductor Best Practicable Control Technology Currently Available (BPT) Effluent Limitations

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for 30
Consecutive Monitoring Days
Shall Not Exceed (mg/1)
Total Toxic Organics 1.37 Not applicable
pH Within the range of 6.0 to 9.0 Within the range of 6.0 to 9.0

EXHIBIT 23.
Semiconductor Best Available Control Technology Economically Available (BAT) Effluent Limitations

Pollutant or
Pollutant Property
Maximum for
1 Day
(mg/1)
Average of Daily Values for 30
Consecutive Monitoring Days
Shall Not Exceed (mg/1)
Total Toxic Organics 1.37 Not applicable
Fluoride (T) 32.0 17.4

EXHIBIT 24. Semiconductor New Source Performance Standards (NSPS) Effluent Limitations1

Pollutant or
Pollutant Property
Maximum for
1 Day
(mg/1)
Average of Daily Values for 30
Consecutive Monitoring Days
Shall Not Exceed (mg/1)
Total Toxic Organics 1.37 Not applicable
Fluoride (T) 32.0 17.4
pH N/A Within the range of 6.0 to 9.0

1 Applies to facilities that commenced constructionafter April 18, 1983.

EXHIBIT 25.
Semiconductor Best Conventional Pollution Control Technology (BCT) Effluent Limitations

Pollutant or
Pollutant Property
Maximum for
1 Day
(mg/1)
Average of Daily Values for 30
Consecutive Monitoring Days
Shall Not Exceed (mg/1)
pH Within the range of 6.0 to 9.0 Within the range of 6.0 to 9.0

The provisions of Part 433, Subpart A (Exhibits 26-28) apply to semiconductor manufacturing plants that perform any of the following six metal finishing operations on any basis material: electroplating, electroless plating, anodizing, coating, chemical etching and milling, and printed wiring board manufacture.

As used in this part, the term "total toxic organics" (TTO) means the sum of the concentrations of each of the following toxic organic compounds found in the discharge at a concentration greater than ten (10) micrograms per liter:

The provisions in Part 433, Subpart A (Exhibits 26 - 28) apply to discharges resulting from metal finishing operations associated with the manufacture of semiconductors. The effluent limitations shown in Exhibits 26 - 28 are used as the basis for NPDES permits for semiconductor facilities.

EXHIBIT 26.
Semiconductor Best Available Technology Economically Achievable (BAT) Effluent Limitations (Metal Finishing)

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T)1 0.69 0.26
Cr (T) 2.77 1.71
Copper (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
CN (A)2 0.86 0.32
TTO 2.13

1 T=Total
2 May apply for industrial facilities with cyanide treatment, upon agreement between a source subject to those limits and the pollution control authority. A=amenable to alkaline chlorination.

EXHIBIT 27. Semiconductor Best Control Technology Currently Available (BPT) Effluent Limitation (Metal Finishing)

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.69 0.26
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
TTO 2.13
Oil and Grease 52 26
TSS 60
pH (1) (1)

(1) Within 6.0 to 9.0.

EXHIBIT 28.
Semiconductor New Source Performance Standards (NSPS) (Metal Finishing)1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.11 0.07
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
TTO 2.13
Oil and Grease 52 26
TSS 60 31
pH (2) (2)

1 Applies to facilities that commenced construction after July 15, 1983.
(2) Within 6.0 to 9.0.

Printed Wiring Board Manufacturing

The provisions in Part 433, Subpart A (Exhibits 29 - 31) apply also to discharges resulting from process operations associated with the manufacture of printed wiring boards (except indirect discharging job shops and independent printed wiring board manufacturers who discharge to publicly owned treatment works; these sources are covered by 40 CFR Part 413 and their requirements are discussed at B.2.4). As used in this Part, the term "total toxic organics" (TTO) is defined in the previous section, semiconductor manufacturing (metal finishing).

EXHIBIT 29.
Printed Wiring Board Best Available Technology Economically Achievable (BAT) Effluent Limitations

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T)1 0.69 0.26
Cr (T) 2.77 1.71
Copper (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
CN (A)2 0.86 0.32
TTO 2.13

1 T=Total
2 May apply for industrial facilities with cyanide treatment, upon agreement between a source subject to those limits and the pollution control authority. A=Amenable to alkaline chlorination.

EXHIBIT 30.
Printed Wiring Board Best Control Technology Currently Available (BPT) Effluent Limitations

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.69 0.26
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
TTO 2.13
Oil and Grease 52 26
TSS 60 31
pH (1) (1)

(1) Within 6.0 to 9.0.

EXHIBIT 31.
Printed Wiring Board New Source Performance Standards (NSPS) Effluent Limitations1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.11 0.07
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
TTO 2.13
Oil and Grease 52 26
TSS 60 31
pH (2) (2)

1 Applies to facilities that commenced construction after July 15, 1983.
(2) Within 6.0 to 9.0.

Display Manufacturing

The provisions in Part 469, Subpart C (Exhibit 32), apply to discharges resulting from display manufacturing. As used in this part, the term "total toxic organics" (TTO) means the sum of the concentrations for each of the following toxic organic compounds that is found in the discharge at a concentration greater than ten (10) micrograms per liter:

The effluent limitations shown in Exhibit 27 are used as the basis for NPDES permits for the display manufacturing industry.

EXHIBIT 32.
Cathode Ray Tube New Source Performance Standards (NSPS) Effluent Limitations1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
pH (2) (2)
TTO 1.58
Cd 0.06 0.03
Cr 0.56 0.26
Pb 0.72 0.27
Zn 0.80 0.33
Fluoride 35.0 18.0
TSS 46.0 24.0

1 Applies to facilities that commenced construction after December 14, 1983.
(2) Within the range of 6.0 to 9.0.

The provisions in Part 469, Subpart D (Exhibit 33), apply to discharges resulting from the manufacture of luminescent materials. As used in this part, the term "luminescent materials" means materials that emit light upon excitation by such energy sources as photons, electrons, applied voltage, chemical reactions, or mechanical energy, and that are specifically used as coatings in fluorescent lamps and cathode ray tubes. Luminescent materials include, but are not limited to, calcium halophosphate, yttrium oxide, zinc sulfide, and zinc-cadmium sulfide.

EXHIBIT 33.
Luminescent Materials New Source Performance Standards (NSPS) Effluent Limitations1

Pollutant or
Pollutant Property
Maximum for
1 Day
(mg/1)
Monthly Average
Shall Not Exceed (mg/1)
pH (2) (2)
Cadmium 0.55 0.26
Antimony 0.10 0.04
Zinc 1.64 0.67
Fluoride 35.0 18.0
TSS 60.0 31.0

1Applies to facilities that commenced construction after December 14, 1983.
(2) Within the range of 6.0 to 9.0.

B.2.3 Water Quality-Based Effluent Limitations (40 CFR 131)

NPDES permits must also contain any more stringent permit limitations based on State water quality standards. Unlike the technology-based limitations discussed above, water quality-based controls focus on the effects of the discharge on the receiving water. Such limitations may be necessary for surface water discharges to protect local water quality.

States determine the appropriate uses of each water body within the State (e.g., drinking water supply, fishable/swimmable, agriculture). States then establish water quality standards, or maximum pollutant levels, for those bodies of water that are necessary to attain or maintain the designated use. An appropriate standard may be expressed as a numerical ambient water quality criterion (e.g., a specified amount of dissolved oxygen per unit of water). State standards also may include a narrative water quality criterion, for example, no discharge of toxic pollutants in toxic amounts. Some States may allow for the attainment of water quality standards at some point within the receiving water (rather than at the end of pipe). Consequently, permit writers must first calculate available dilution and determine a proper mixing zone (if allowed by the State) to develop an effluent limit.

B.2.4 Indirect Discharger Requirements

B.2.4.1 Categorical Pretreatment Standards for the Semiconductor, Printed Wiring Board, and Display Manufacturing Industries

As mentioned above, only those facilities that discharge pollutants directly into waters of the United States need to obtain an NPDES permit. Facilities that discharge to POTWs, however, must comply with pretreatment requirements. Pretreatment requirements were developed because of concern that dischargers' waste containing toxic, hazardous, or concentrated conventional industrial wastes might "pass through" POTWs or that pollutants will interfere with the successful operation of the POTW's biological treatment system.

The following tables show national pretreatment standards for existing and new semiconductor, printed wiring board, and display manufacturing facilities. (In addition, local pretreatment programs may impose additional requirements on facilities.)

Part 469, Subpart B, applies to discharges resulting from the manufacture of electronic crystals. For the purposes of this document, we assume that electronic crystals are bought. However, if electronic crystals are manufactured on the premises, facilities must be in compliance with this part of the Code of Federal Regulations.

Semiconductor Manufacturing

The provisions in Part 469, Subpart A (Exhibits 34 - 35), apply to discharges resulting from all process operations associated with the manufacture of semiconductors (except sputtering, vapor deposition, and electroplating). The term "total toxic organics" (TTO) is defined for this part in the effluent limitation guidelines (Section B.2.2).

EXHIBIT 34.
Semiconductor Pretreatment Standards for Existing Sources (PSES)

Pollutant or
Pollutant Property
Maximum for
1 Day
(mg/1)
Average of Daily Values for 30
Consecutive Monitoring Days
Shall Not Exceed (mg/1)
Total toxic organics 1.37 Not applicable

EXHIBIT 35.
Semiconductor Pretreatment Standards for New Sources (PSNS)1

Pollutant or
Pollutant Property
Maximum for
1 Day
(mg/1)
Average of Daily Values for 30
Consecutive Monitoring Days
Shall Not Exceed (mg/1)
Total toxic organics 1.37 Not applicable

1 Applies to facilities that commenced construction after April 8, 1983.

The provisions of Part 413, Subparts A, F, and G (Exhibits 36 - 38), apply to electroplating of common metals, chemical etching and milling, and electroless plating, respectively. Subpart A applies to dischargers of pollutants in process wastewaters resulting from the process which a ferrous or non-ferrous material is electroplated with copper, nickel, chromium, zinc, tin, lead, cadmium, iron, aluminum, or any combination thereof; Subpart F applies to process wastewaters resulting from the chemical milling or etching of ferrous or non-ferrous materials; and Subpart G applies to process wastewaters resulting from the electroless plating of a metallic layer on a metallic or non-metallic substrate. Because the effluent limitations in each of these subcategories are the same, the requirements have been consolidated in the exhibits below.

As used in this part, the term "total toxic organics" (TTO) means the sum of the concentrations of each of the following toxic organic compounds found in the discharge at a concentration greater than ten (10) micrograms per liter:

EXHIBIT 36.
Semiconductor Pretreatment Standards for Common Metals, Chemical Etching and Milling, Electroless Plating, and Electroplating Facilities Discharging Less Than 38,000 Liters Per Day Pretreatment Standards for Existing Sources (PSES) Limitations

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, A1 5.0 2.7
Pb 0.6 0.4
Cd 1.2 0.7
TTO 4.57
1Cyanide amenable to chlorination.

EXHIBIT 37.
Semiconductor Pretreatment Standards for Common Metals, Chemical Etching and Milling, Electroless Plating, and Electroplating Facilities Discharging 38,000 Liters or More Per Day Pretreatment Standards for Existing Sources (PSES) Limitations

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, T 1 1.9 1.0
Cu 4.5 2.7
Ni 4.1 2.6
Cr 7.0 4.0
Zn 4.2 2.6
Pb 0.6 0.4
Cd 1.2 0.7
Total Metals 10.5 6.8
TSS 20.0 13.4
pH (2) (2)
TTO 2.13

1 Cyanide, total
(2) Within the range of 7.5 to 10.0

Alternatively, the following mass-based standards are equivalent to and may be applied in place of those limitations specified in Exhibit 37 under prior agreement between a source subject to these standards and the publicly owned treatment works receiving such regulated wastes. These facilities must also comply with the total suspended solids, pH, and total toxic organics limits listed in Exhibit 37.

EXHIBIT 38.
Semiconductor Pretreatment Standards for Common Metals, Chemical Etching and Milling, Electroless Plating, and Electroplating Facilities Discharging 38,000 Liters or More Per Day Pretreatment Standards for Existing Sources (PSES) Limitations (Mg/Square M-Operation)

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, T 74 39
Cu 176 105
Ni 160 100
Cr 273 156
Zn 164 102
Pb 23 16
Cd 47 29
Total Metals 410 267

The provisions of Part 413, Subpart B (Exhibits 39 - 41), apply to electroplating of precious metals, or any dischargers of process wastewaters resulting from the process in which a ferrous or non-ferrous basis material is plated with gold, silver, iridium, palladium, platinum, rhodium, ruthenium, or any combination of these.

As used in this part, the definition of "total toxic organics" (TTO) is the same as it is for common metals, chemical etching and milling, electroless plating, and electroplating.

EXHIBIT 39.
Semiconductor Pretreatment Standards for Precious Metals Electroplating Facilities Discharging Less Than 38,000 Liters Per Day Pretreatment Standards for Existing Sources (PSES) Limitations

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, A 5.0 2.7
Pb 0.6 0.4
Cd 1.2 0.7
TTO 4.57

EXHIBIT 40.
Semiconductor Pretreatment Standards for Precious Metals Electroplating Facilities Discharging 38,000 Liters or More Per Day Pretreatment Standards for Existing Sources (PSES) Limitations

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
Ag 1.2 0.7
CN, T 1.9 1.0
Cu 4.5 2.7
Ni 4.1 2.6
Cr 7.0 4.0
Zn 4.2 2.6
Pb 0.6 0.4
Cd 1.2 0.7
Total Metals 10.5 6.8
TSS 20.0 13.4
pH (1) (1)
TTO 2.13

(1) Within the range of 7.5 to 10.0.

Alternatively, the following mass-based standards are equivalent to and may be applied in place of those limitations specified in Exhibit 40 under prior agreement between a source subject to these standards and the publicly owned treatment works receiving such regulated wastes. These facilities must also comply with the total suspended solids, pH, and total toxic organics limits listed in Exhibit 40.

EXHIBIT 41.
Semiconductor Pretreatment Standards for Precious Metals Electroplating Facilities Discharging 38,000 Liters or More Per Day Pretreatment Standards for Existing Sources (PSES) Limitations (Mg/Square M-Operation)

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
Ag 47 29
CN, T 74 39
Cu 176 105
Ni 160 100
Cr 273 156
Zn 164 102
Pb 23 16
Cd 47 29
Total Metals 410 267

The provisions in Part 433, Subpart A (Exhibits 42 - 43), apply to plants that perform any of the following six metal finishing operations on any basis material: electroplating, electroless plating, anodizing, coating, chemical etching and milling, and printed wiring board manufacturing, except existing indirect discharging job shops and independent printed wiring board manufacturers that are covered by the pretreatment standards at 40 CFR Part 413. The term "total toxic organics" (TTO) is defined for this part in the effluent limitation guidelines (Section B.2.2.).

EXHIBIT 42.
Semiconductor Pretreatment Standards for All Plants Except Job Shops and Independent Printed Wiring Board Manufacturers Pretreatment Standards for Existing Sources (PSES) Limitations (Metal Finishing)

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.69 0.26
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
TTO 2.13

EXHIBIT 43.
Semiconductor Pretreatment Standards for New Sources (PSNS) Limitations (Metal Finishing)1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.11 0.07
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
TTO 2.13

1Applies to facilities that commenced construction after July 15, 1983.

Printed Wiring Board Manufacturing

Part 413, Subpart H (Exhibits 44 - 46), applies to existing sources who manufacture printed wiring boards, including all manufacturing operations required or used to convert an insulating substrate to a finished printed wiring board. Existing sources are those who, since July 15, 1983, have not commenced construction of any building or facility which might result in a discharge. The term "total toxic organics" (TTO) for this part is defined in Section B.2.4, under semiconductor manufacturing.

EXHIBIT 44.
Printed Wiring Board Pretreatment Standards for Facilities Discharging Less Than 38,000 Liters Per Day Pretreatment Standards for Existing Sources (PSES) Limitations

Total toxic organics 4.57
Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, A 5.0 2.7
Pb 0.6 0.4
Cd 1.2 0.7

EXHIBIT 45.
Printed Wiring Board Pretreatment Standards for Facilities Discharging 38,000 Liters or More Per Day Pretreatment Standards for Existing Sources (PSES) Limitations

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, T 1.9 1.0
Cu 4.5 2.7
Ni 4.1 2.6
Cr 7.0 4.0
Zn 4.2 2.6
Pb 0.6 0.4
Cd 1.2 0.7
Total Metals 10.5 6.8
TSS 20.0 13.4
pH (1) (1)
Total toxic organics 2.13

1 Within the range 7.5 to 10.0.

Alternatively, the following mass-based standards are equivalent to and may be applied in place of those limitations specified in Exhibit 45 under prior agreement between a source subject to these standards and the publicly owned treatment works receiving such regulated wastes. These facilities must also comply with the total suspended solids, pH, and total toxic organics limits listed in Exhibit 45.

EXHIBIT 46.
Printed Wiring Board Pretreatment Standards for Facilities Discharging 38,000 Liters or More Per Day Pretreatment Standards for Existing Sources (PSES) Limitations (Mg/Square M-Operation)

Pollutant or
Pollutant Property
Maximum for 1 Day
(mg/1)
Average of Daily Values for
4 Consecutive Days
CN, T 169 89
Cu 401 241
Ni 365 229
Cr 623 357
Zn 374 232
Pb 53 36
Cd 107 65
Total Metals 935 609

The provisions in Part 433 (Exhibits 47 - 48) apply to plants that perform any of the following six metal finishing operations on any basis material: electroplating, electroless plating, anodizing, coating, chemical etching and milling, and printed wiring board manufacturing. These provisions do not apply to existing discharging job shops and independent printed wiring board manufacturers, who are subject only to Part 413 (discussed above). Discharging job shops and independent printed wiring board manufacturers who commenced construction after July 15, 1983, however, must comply with the pretreatment standards for new sources listed below. The term "total toxic organics" (TTO) for this part is defined in Section B.2.2.

EXHIBIT 47.
Printed Wiring Board Pretreatment Standards for All Plants Except Job Shops and Independent Printed Wiring Board Manufacturers Pretreatment Standards for Existing Sources (PSES) Limitations (Metal Finishing)

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.69 0.26
Cr 2.77 1.71
Cu 3.38 2.07
Pb 0.69 0.43
Ni 3.98 2.38
Ag 0.43 0.24
Zn 2.61 1.48
CN (T) 1.20 0.65
CN (A) 0.86 0.32
TTO 2.13

EXHIBIT 48.
Printed Wiring Board Pretreatment Standards for New Sources (PSNS) Limitations (Metal Finishing)1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cd (T) 0.11 0.07
Cr (T) 2.77 1.71
Cu (T) 3.38 2.07
Pb (T) 0.69 0.43
Ni (T) 3.98 2.38
Ag (T) 0.43 0.24
Zn (T) 2.61 1.48
CN (T) 1.20 0.65
CN (A) 0.86 0.32
TTO 2.13

1Applies to facilities that commenced construction after July 15, 1983.

Display Manufacturing

Part 469, Subpart C (Exhibits 49 - 50), applies to discharges resulting from the manufacture of cathode ray tubes. The term "total toxic organics" (TTO) for this part is defined in Section B.2.2.

EXHIBIT 49.
Cathode Ray Tube Pretreatment Standards for Existing Sources (PSES) Limitations

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
TTO 1.58
Cd 0.06 0.03
Cr 0.65 0.30
Pb 1.12 0.41
Zn 1.38 0.5
F 35.0 18.0

EXHIBIT 50.
Cathode Ray Tube Pretreatment Standards for New Sources (PSNS) Limitations1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
TTO 1.58
Cd 0.06 0.03
Cr 0.56 0.26
Pb 0.72 0.27
Zn 0.80 0.33
F 35.0 18.0

1Applies to facilities that commenced construction after December 14, 1983.

Part 469, Subpart D (Exhibit 51), applies to the discharges resulting from the manufacture of luminescent materials.

EXHIBIT 51.
Luminescent Materials Pretreatment Standards for New Sources (PSNS) Limitations1

Pollutant or
Pollutant Property
Maximum for any
1 Day (mg/1)
Monthly Average
Shall Not Exceed (mg/1)
Cadmium 0.55 0.26
Antimony 0.10 0.04
Zinc 1.64 0.67
Fluoride 35.0 18.0

1Applies to facilities that commenced construction after December 14, 1983.

B.2.4.2 General EPA Pretreatment Standards (40 CFR 403)

In addition to the "categorical" standards applicable to the semiconductor and printed wiring board industries, general pretreatment standards apply to all facilities. These general pretreatment standards prohibit the following from being introduced into a POTW:

When a POTW uses physical, chemical, or biological means to reduce the amount of a pollutant during treatment, industrial users may be granted removal credits to reflect the level of treatment achieved by the POTW. Removal credits enable the user to revise his/her discharge limits, which may, in turn, help to ensure that indirect dischargers do not expend resources unnecessarily to treat their own effluents to levels below the removal level achievable by the POTW.

A single discharger may find it advantageous to combine wastestreams prior to treatment, which often results in more cost-effective treatment. In Section 403.6(e), EPA provides a "combined wastestream formula" that incorporates flow, mass, and concentration to establish effluent limits.

B.2.5 Storm Water Permits (40 CFR 122.26)

Storm water permits are required for facilities where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water which drains to a municipal separate storm sewer system or directly to a receiving water. (Storm water permits are not required where the runoff flows through a combined sewer to a POTW and is treated prior to discharge.) Storm water permit applications must include a site map showing the topography of the facility, including: drainage and discharge structures; the drainage area of each storm water outfall; paved areas and buildings within each drainage area; areas used for outdoor storage or disposal; each existing structural control measure to reduce pollutants in storm water runoff; materials loading and access areas; areas where pesticides, herbicides, soil conditioners, and fertilizers are applied; each of the facility's hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and springs and other surface water bodies that receive storm water discharges. An estimation of the area of impervious surfaces, the total area drained by each outfall, and a description of the storage, handling, and disposal of "significant" materials in the three years prior to the submittal of the application must also be documented. A certification that all outfalls have been tested or evaluated for the presence of non-storm water discharges that are not covered by a NPDES permit must be made, and this certification must include a description of the method used, dates, and the observed on-site drainage points.

Quantitative data based on samples collected during storm events from all outfalls for the following must be documented:

B.3 UNDERGROUND INJECTION CONTROL PROGRAM

All States, U.S. Territories, and Indian Tribes have EPA-approved Underground Injection Control (UIC) programs to prevent the subsurface emplacement of fluids through wells (injection wells) from endangering underground sources of drinking water (USDW). EPA and State programs: (1) impose minimum UIC standards for the siting, construction, operation, monitoring and closure of injection wells; (2) authorize injection by permit or by rule; incorporate hazardous waste requirements under the Resource Conservation and Recovery Act; and (3) forbid the disposal of hazardous and radioactive wastewater into or above a USDW where the waste may endanger a USDW (Class IV injection category).

UIC programs apply to owners and operators of deep wells, into which trillions of gallons of hazardous and nonhazardous fluids associated with manufacturing processes and municipal wastewater disposal (Class I), oil and gas production (Class II), and solution mining (Class III) are injected annually. UIC programs also apply to owners and operators of shallow wells, which are designed to release fluids either directly into USDW or into the shallow subsurface that overlies USDW (Class V). Class V injection wells are generally shallow wastewater disposal wells, stormwater and agricultural drainage systems, or other devices that are used to release fluids either directly into USDW or into the shallow subsurface that overlies USDW.

State and EPA UIC program directors require that the operation of any UIC well does not endanger an underground source of drinking water. If a drinking water supply is threatened, the owner or operator of the well must stop the injection practice, close the drainage system, and eventually, may face fines and expensive ground water clean-up costs.

EPA's goal is to manage Class V wells so that the highest risk wells get addressed first in the most sensitive areas. Rather than impose a one-size-fits-all set of federal UIC program requirements on businesses, EPA is working with its State partners to design management tools, including: regulations, program implementation guidance, technical guidance, outreach and education, and a Compliance Assurance Initiative.


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