[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR455.46]

[Page 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. 455.46  Pretreatment standards for existing sources (PSES).

    (a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph 
(b) of this section, no later than November 6, 1999, any existing source 
subject to this subpart which introduces pollutants into a publicly 
owned treatment works must comply with 40 CFR part 403 and achieve PSES 
as follows: There shall be no discharge of process wastewater 
pollutants.
    (b) Except as provided in 40 CFR 403.7 and 403.13, any existing 
source subject to paragraph (a) of this section which introduces 
pollutants into a publicly owned treatment works must comply with 40 CFR 
part 403 and may have a pollution prevention allowable discharge of 
wastewater pollutants, as defined in Sec. 455.41(d), if the discharger 
agrees to control mechanism or pretreatment agreement 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 Best Engineering Judgement for modifications not listed 
in Table 8 to this Part 455);
    (2) The discharger will notify its local Control Authority at the 
time of renewing or modifying its individual control mechanism or 
pretreatment agreement of its intent to utilize the Pollution Prevention 
Alternative by submitting to the local Control Authority an initial 
certification statement as described in Sec. 455.41(a);
    (3) The discharger will submit to its local Control Authority a 
periodic certification statement as described in Sec. 455.41(b) during 
the months of June and December of each year of operation; and
    (4) The discharger will maintain at the offices of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
    (c) Except as provided in 40 CFR 403.7 and 403.13, any existing 
source subject to Sec. 455.46(b) which introduces pollutants into a 
publicly owned treatment works must comply with 40 CFR part 403 and may 
submit a request to its Control Authority to waive pretreatment of: 
floor wash; and/or a non-reusable final rinse of a triple rinse, if the 
concentrations of pesticide active ingredients and priority pollutants 
in those wastewater sources have been demonstrated to be too low to be 
effectively pretreated at the facility. The Control Authority may waive 
pretreatment for these two wastewaters only if the existing source makes 
the demonstrations and is in compliance with 40 CFR 403.5.

[61 FR 57551, Nov. 6, 1996]