Subchapter N—Effluent Guidelines and Standards

SUBCHAPTER N—EFFLUENT GUIDELINES AND STANDARDS

PART 400 [RESERVED] of point sources under parts 402 through 699 of this subchapter which PART 401—GENERAL PROVISIONS follow. In certain instances the regulations applicable to a particular point Sec. source category or subcategory will 401.10 Scope and purpose. contain more specialized definitions. 401.11 General definitions. Except as provided in § 401.17, in the 401.12 Law authorizing establishment of ef- case of any conflict between regula- fluent limitations guidelines for existing tions issued under this part 401 and reg- sources, standards of performance for ulations issued under parts 402 through new sources and pretreatment standards 499 of this subchapter, the latter more of new and existing sources. 401.13 Test procedures for measurement. specific regulations shall apply. 401.14 Cooling water intake structures. (Secs. 301, 304, 306 and 501 of the Clean Water 401.15 Toxic pollutants. Act (the Federal Water Pollution Control 401.16 Conventional pollutants Act Amendments of 1972, 33 U.S.C. 1251 et. 401.17 pH Effluent limitations under contin- seq., as amended by the Clean Water Act of uous monitoring. 1977, Pub. L. 95–217)) AUTHORITY: Secs. 301, 304 (b) and (c), 306 (b) [39 FR 4532, Feb. 1, 1974, as amended at 47 FR and (c), 307 (b) and (c) and 316(b) of the Fed- 24537, June 4, 1982] eral Water Pollution Control Act, as amended (the ‘‘Act’’), 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317 (b) and (c) and § 401.11 General definitions. 1326(c); 86 Stat. 816 et seq.; Pub. L. 92–500. For the purposes of parts 402 through SOURCE: 39 FR 4532, Feb. 1, 1974, unless oth- 699 of this subchapter: erwise noted. (a) The term Act means the Federal Water Pollution Control Act, as § 401.10 Scope and purpose. amended, 33 U.S.C. 1251 et seq., 86 Stat. Regulations promulgated or proposed 816, Pub. L. 92–500. under parts 402 through 699 of this sub- (b) The term Administrator means the chapter prescribe effluent limitations Administrator of the United States En- guidelines for existing sources, stand- vironmental Protection Agency. ards of performance for new sources (c) The term Environmental Protection and pretreatment standards for new Agency means the United States Envi- and existing sources pursuant to sec- ronmental Protection Agency. tions 301, 304 (b) and (c), 306 (b) and (c), (d) The term point source means any 307 (b) and (c) and 316(b) of the Federal discernible, confined and discrete con- Water Pollution Control Act, as veyance, including but not limited to amended (the ‘‘Act’’), 33 U.S.C. 1251, any pipe, ditch, channel, tunnel, con- 1311, 1314 (b) and (c), 1316 (b) and (c), duit, well, discrete fissure, container, 1317 (b) and (c) and 1326(b); 86 Stat. 816; rolling stock, concentrated animal Pub. L. 92–500. Point sources of dis- feeding operation, or vessel or other charges of pollutants are required to floating craft, from which pollutants comply with these regulations, where are or may be discharged. applicable, and permits issued by (e) The term new source means any States or the Environmental Protec- building, structure, facility or installa- tion Agency (EPA) under the National tion from which there is or may be the Pollutant Discharge Elimination Sys- discharge of pollutants, the construc- tem (NPDES) established pursuant to tion of which is commenced after the section 402 of the Act must be condi- publication of proposed regulations tioned upon compliance with applica- prescribing a standard of performance ble requirements of sections 301 and 306 under section 306 of the Act which will (as well as certain other requirements). be applicable to such source if such This part 401 sets forth the legal au- standard is thereafter promulgated in thority and general definitions which accordance with section 306 of the Act. will apply to all regulations issued con- (f) The term pollutant means dredged cerning specific classes and categories spoil, solid waste, incinerator residue,

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sewage, garbage, sewage sludge, muni- (l) The term navigable waters in- tions, chemical wastes, biological ma- cludes: All navigable waters of the terials, radioactive materials, heat, United States; tributaries of navigable wrecked or discarded equipment, rock, waters of the United States; interstate sand, cellar dirt and industrial, munic- waters; intrastate lakes, rivers, and ipal and agricultural waste discharged streams which are utilized by inter- into water. It does not mean (1) sewage state travelers for recreational or from vessels or (2) water, gas or other other purposes; intrastate lakes, rivers, material which is injected into a well and streams from which fish or shell- to facilitate production of oil or gas, or fish are taken and sold in interstate water derived in association with oil or commerce; and intrastate lakes, rivers, gas production and disposed of in a and streams which are utilized for in- well, if the well, used either to facili- dustrial purposes by industries in tate production or for disposal pur- interstate commerce. Navigable waters poses, is approved by authority of the do not include prior converted crop- State in which the well is located, and land. Notwithstanding the determina- if such State determines that such in- tion of an area’s status as prior con- jection or disposal will not result in verted cropland by any other federal degradation of ground or surface water agency, for the purposes of the Clean resources. Water Act, the final authority regard- (g) The term pollution means the ing Clean Water Act jurisdiction re- man-made or man induced alteration mains with EPA. of the chemical, physical, biological (m) The terms state water pollution and radiological integrity of water. control agency, interstate agency, State, (h) The term discharge of pollutant(s) municipality, person, territorial seas, con- means: (1) The addition of any pollut- tiguous zone, biological monitoring, ant to navigable waters from any point schedule of compliance, and industrial source and (2) any addition of any pol- user shall be defined in accordance with lutant to the waters of the contiguous section 502 of the Act unless the con- zone or the ocean from any point text otherwise requires. source, other than from a vessel or (n) The term noncontract cooling water other floating craft. The term ‘‘dis- means water used for cooling which charge’’ includes either the discharge does not come into direct contact with of a single pollutant or the discharge of any raw material, intermediate prod- multiple pollutants. uct, waste product or finished product. (i) The term effluent limitation means (o) The term noncontact cooling water any restriction established by the Ad- pollutants means pollutants present in ministrator on quantities, rates, and noncontact cooling waters. concentrations of chemical, physical, (p) The term blowdown means the biological and other constituents minimum discharge of recirculating which are discharged from point water for the purpose of discharging sources, other than new sources, into materials contained in the water, the navigable waters, the waters of the further buildup of which would cause contiguous zone or the ocean. concentration in amounts exceeding (j) The term effluent limitations guide- limits established by best engineering lines means any effluent limitations practice. guidelines issued by the Administrator (q) The term process waste water pursuant to section 304(b) of the Act. means any water which, during manu- (k) The term standard of performance facturing or processing, comes into di- means any restriction established by rect contact with or results from the the Administrator pursuant to section production or use of any raw material, 306 of the Act on quantities, rates, and intermediate product, finished product, concentrations of chemical, physical, by-product, or waste product. biological, and other constituents (r) The term process waste water pol- which are or may be discharged from lutants means pollutants present in new sources into navigable waters, the process waste water. waters of the contiguous zone or the (s) The following abbreviations shall ocean. have the following meanings:

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(1) BOD5 means five-day biochemical treatment works, which require the ap- oxygen demand; plication of the best available tech- (2) COD means chemical oxygen de- nology economically achievable which mand; will result in reasonable further (3) TOC means total organic carbon; progress toward the national goal of (4) TDS means total dissolved solids; eliminating the discharge of all pollut- (5) TSS means total suspended non- ants, as determined in accordance with filterable solids; regulations issued by the Adminis- (6) kw means kilowatt(s); trator pursuant to section 304(b)(2) of (7) kwh means kilowatt hour(s); the Act. (8) Mw means megawatt(s); (c) Section 304(b) of the Act requires (9) Mwh means megawatt hour(s); the Administrator to publish regula- (10) hp means horsepower; tions providing guidelines for effluent (11) mm means millimeter(s); limitations setting forth the degree of (12) cm means centimeter; effluent reduction attainable through (13) m means meter(s); the application of the best practicable (14) in. means inch; control technology currently available (15) ft means foot (feet); and the degree of effluent reduction at- (16) l means liter(s); tainable through the application of the (17) cu m means cubic meter(s); best control measures and practices (18) k cu m means 1000 cubic meter(s); achievable including treatment tech- (19) gal means gallon(s); niques, process and procedure innova- (20) cu ft means cubic foot (feet); tions, operating methods and other al- (21) mg means milligram(s); ternatives. (22) g means gram(s); (d) Section 304(c) of the Act requires (23) kg means kilogram(s); the Administrator, after consultation (24) kkg means 1000 kilogram(s); (25) lb means pound(s); with appropriate Federal and State (26) sq m means square meter(s); agencies and other interested persons (27) ha means hectare(s); to issue information on the process, (28) sq ft means square foot (feet); and procedures, or operating methods (29) ac means acre(s). which result in the elimination or reduction of the discharge of pollutants [39 FR 4532, Feb. 1, 1974, as amended at 58 FR to implement standards of performance 45038, Aug. 25, 1994] under section 306 of the Act. (e) Section 306(b)(1)(B) of the Act re- § 401.12 Law authorizing establishment of effluent limitations guide- quires the Administrator, after a cat- lines for existing sources, standards egory of sources is included in a list of performance for new sources and published pursuant to section pretreatment standards of new and 306(b)(1)(A) of the Act, to propose regu- existing sources. lations establishing Federal standards (a) Section 301(a) of the Act provides of performances for new sources within that ‘‘except as in compliance with this such category. Standards of perform- section and sections 302, 306, 307, 318, ance are to provide for the control of 402 and 404 of this Act, the discharge of the discharge of pollutants which re- any pollutant by any person shall be flect the greatest degree of effluent re- unlawful.’’ duction which the Administrator deter- (b) Section 301(b) of the Act requires mines to be achievable through appli- the achievement by not later than July cation of the best available dem- 1, 1977, of effluent limitations for point onstrated control technology, proc- sources, other than publicly owned esses, operating methods, or other al- treatment works, which require the ap- ternatives, including, where prac- plication of the best practicable con- ticable, a standard permitting no dis- trol technology currently available as charge of pollutants. determined by the Administrator pur- (f) Section 307(b) provides that the suant to section 304(b)(1) of the Act. Administrator shall establish Section 301(b) also requires the pretreatment standards which shall achievement by not later than July 1, prevent the discharge of any pollutant 1983, of effluent limitations for point into publicly owned treatment works sources, other than publicly owned which pollutant interferes with, passes

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through untreated, or otherwise is in- impact, in accordance with the provi- compatible with such works. sions of part 402 of this chapter. (g) Section 307(c) of the Act provides (Sec. 501(a) of the Federal Water Pollution that the Administrator shall promul- Control Act, as amended; 33 U.S.C. 1326(b) gate pretreatment standards for and 1261(a)) sources which would be ‘‘new sources’’ [41 FR 17389, Apr. 26, 1976] under section 306 (if they were to discharge pollutants directly to navigable § 401.15 Toxic pollutants. waters) at the same time standards of The following comprise the list of performance for the equivalent cat- toxic pollutants designated pursuant to egory of new sources are promulgated. section 307(a)(1) of the Act: (h) Section 316(b) of the Act provides that any standard established pursuant 1. Acenaphthene to section 301 or section 306 of the Act 2. Acrolein 3. Acrylonitrile and applicable to a point source shall 4. Aldrin/Dieldrin 1 require that the location, design, con- 5. Antimony and compounds 2 struction, and capacity of cooling 6. Arsenic and compounds water intake structures reflect the best 7. Asbestos technology available for minimizing 8. Benzene 1 adverse environmental impact. 9. Benzidine 10. Beryllium and compounds (i) Section 402(a)(1) of the Act pro- 11. Cadmium and compounds vides that the Administrator may issue 12. Carbon tetrachloride permits for the discharge of any pollut- 13. Chlordane (technical mixture and me- ant upon condition that such discharge tabolites) will meet all applicable requirements 14. Chlorinated benzenes (other than dichlorobenzenes) under sections 301, 302, 306, 307, 308 and 15. Chlorinated ethanes (including 1,2-di- 403 of this Act. In addition, section chloroethane, 1,1,1-trichloroethane, and 402(b)(1)(A) of the Act requires that hexachloroethane) permits issued by States under the Na- 16. Chloroalkyl ethers (chloroethyl and tional Pollutant Discharge Elimination mixed ethers) System (NPDES) established by the 17. Chlorinated naphthalene Act must apply, and insure compliance 18. Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols with any applicable requirements of and chlorinated cresols) sections 301, 302, 306, 307 and 403 of the 19. Chloroform Act. 20. 2-chlorophenol 21. Chromium and compounds § 401.13 Test procedures for measure- 22. Copper and compounds ment. 23. Cyanides 24. DDT and metabolites 1 The test procedures for measurement 25. Dichlorobenzenes (1,2-, 1,3-, and 1,4-di- which are prescribed at part 136 of this chlorobenzenes) chapter shall apply to expressions of 26. Dichlorobenzidine pollutant amounts, characteristics or 27. Dichloroethylenes (1,1-, and 1,2- properties in effluent limitations dichloroethylene) guidelines and standards of perform- 28. 2,4-dichlorophenol ance and pretreatment standards as set 29. Dichloropropane and dichloropropene 30. 2,4-dimethylphenol forth at parts 402 through 699 of this 31. Dinitrotoluene subchapter, unless otherwise specifi- 32. Diphenylhydrazine cally noted or defined in said parts. 33. Endosulfan and metabolites 34. Endrin and metabolites 1 § 401.14 Cooling water intake struc- 35. Ethylbenzene tures. 36. Fluoranthene 37. Haloethers (other than those listed else- The location, design, construction where; includes chlorophenylphenyl ethers, and capacity of cooling water intake bromophenylphenyl ether, structures of any point source for which a standard is established pursu- 1 Effluent standard promulgated (40 CFR ant to section 301 or 306 of the Act shall part 129). reflect the best technology available 2 The term compounds shall include organic for minimizing adverse environmental and inorganic compounds.

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bis(dichloroisopropyl) ether, bis- mittee shall maintain the pH of such (chloroethoxy) methane and poly- wastewater within the range set forth chlorinated diphenyl ethers) in the applicable effluent limitations 38. Halomethanes (other than those listed guidelines, except excursions from the elsewhere; includes methylene chloride, methylchloride, methylbromide, range are permitted subject to the fol- bromoform, dichlorobromomethane lowing limitations: 39. Heptachlor and metabolites (1) The total time during which the 40. Hexachlorobutadiene pH values are outside the required 41. Hexachlorocyclohexane range of pH values shall not exceed 7 42. Hexachlorocyclopentadiene hours and 26 minutes in any calendar 43. Isophorone month; and 44. Lead and compounds 45. Mercury and compounds (2) No individual excursion from the 46. Naphthalene range of pH values shall exceed 60 min- 47. Nickel and compounds utes. 48. Nitrobenzene (b) The Director, as defined in § 122.3 49. Nitrophenols (including 2,4-dinitrophenol, of this chapter, may adjust the require- dinitrocresol) ments set forth in paragraph (a) of this 50. Nitrosamines section with respect to the length of 51. Pentachlorophenol individual excursions from the range of 52. Phenol 53. Phthalate esters pH values, if a different period of time 54. Polychlorinated biphenyls (PCBs) 1 is appropriate based upon the treat- 55. Polynuclear aromatic hydrocarbons (in- ment system, plant configuration or cluding benzanthracenes, benzopyrenes, other technical factors. benzofluoranthene, chrysenes, dibenz- (c) For purposes of this section, an anthracenes, and indenopyrenes) excursion is an unintentional and tem- 56. Selenium and compounds porary incident in which the pH value 57. Silver and compounds of discharge wastewater exceeds the 58. 2,3,7,8-tetrachlorodibenzo-p-dioxin range set forth in the applicable efflu- (TCDD) 59. Tetrachloroethylene ent limitations guidelines. 60. Thallium and compounds (Secs. 301, 304, 306 and 501 of the Clean Water 61. Toluene Act (the Federal Water Pollution Control 62. Toxaphene 1 Act Amendments of 1972, 33 U.S.C. 1251 et. 63. Trichloroethylene seq., as amended by the Clean Water Act of 64. Vinyl chloride 1977, Pub. L. 95–217)) 65. Zinc and compounds [47 FR 24537, June 4, 1982] [44 FR 44502, July 30, 1979, as amended at 46 FR 2266, Jan. 8, 1981; 46 FR 10724, Feb. 4, 1981] PART 402 [RESERVED] § 401.16 Conventional pollutants. The following comprise the list of PART 403—GENERAL PRETREATMENT conventional pollutants designated REGULATIONS FOR EXISTING pursuant to section 304(a)(4) of the Act: AND NEW SOURCES OF POLLU- 1. Biochemical oxygen demand (BOD) TION 2. Total suspended solids (nonfilterable) (TSS) Sec. 3. pH 403.1 Purpose and applicability. 4. Fecal coliform 403.2 Objectives of general pretreatment 5. Oil and grease regulations. 403.3 Definitions. [44 FR 44503, July 30, 1979; 44 FR 52685, Sept. 403.4 State or local law. 10, 1979] 403.5 National pretreatment standards: Pro- hibited discharges. § 401.17 pH Effluent limitations under 403.6 National pretreatment standards: Cat- continuous monitoring. egorical standards. (a) Where a permittee continuously 403.7 Removal credits. measures the pH of wastewater pursu- 403.8 Pretreatment Program Requirements: Development and Implementation by ant to a requirement or option in a Na- POTW. tional Pollutant Discharge Elimination 403.9 POTW pretreatment programs and/or System (NPDES) permit issued pursu- authorization to revise pretreatment ant to section 402 of the Act, the per- standards: Submission for approval.

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