[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR455.40]

[Page 475]
 
                   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. 455.40  Applicability; description of the pesticide formulating, packaging and repackaging subcategory.


    (a) The provisions of this subpart are applicable to discharges 
resulting from all pesticide formulating, packaging and repackaging 
operations except as provided in paragraphs (b), (c), (d), (e) and (f) 
of this section.
    (b) The provisions of this subpart do not apply to repackaging of 
agricultural pesticides performed at refilling establishments, as 
described in Sec. 455.60.
    (c) The provisions of this subpart do not apply to wastewater 
discharges from: the operation of employee showers and laundry 
facilities; the testing of fire protection equipment; the testing and 
emergency operation of safety showers and eye washes; storm water; 
Department of Transportation (DOT) aerosol leak test bath water from 
non-continuous overflow baths (batch baths) where no cans have burst 
from the time of the last water change-out; and on-site laboratories 
from cleaning analytical equipment and glassware and rinsing the retain 
sample container (except for the initial rinse of the retain sample 
container which is considered a process wastewater source for this 
subpart).
    (d) The provisions of this subpart do not apply to wastewater 
discharges from the formulation, packaging and/or repackaging of 
sanitizer products (including pool chemicals); microorganisms; inorganic 
wastewater treatment chemicals; group 1 mixtures and group 2 mixtures, 
as defined under Sec. 455.10.
    (e) The provisions of this subpart do not apply to wastewater 
discharges from the development of new formulations of pesticide 
products and the associated efficacy and field testing at on-site or 
stand-alone research and development laboratories where the resulting 
pesticide product is not produced for sale.
    (f) The provisions of this subpart do not apply to wastewater 
discharges from the formulation, packaging and/or repackaging of liquid 
chemical sterilant products (including any sterilant or subordinate 
disinfectant claims on such products) for use on a critical or semi-
critical device, as defined in Section 201 of the Federal Food, Drug and 
Cosmetic Act and in Section 2(u) of the Federal Insecticide, Fungicide 
and Rodenticide Act.

[61 FR 57549, Nov. 6, 1996]