Title 40—Protection of Environment--Volume 1
PART 409—SUGAR PROCESSING POINT SOURCE CATEGORY
§ 409.10   Applicability; description of the beet sugar processing subcategory.
The provisions of this subpart are applicable to discharges resulting from any operation attendant to the processing of sugar beets for the production of sugar.
§ 409.11   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) The term barometric condensing operations shall mean those operations or processes directly associated with or related to the concentration and crystallization of sugar solutions.
(c) The term product shall mean crystallized refined sugar.
§ 409.12   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available; provided however, that a discharge by a point source may be made in accordance with the limitations set forth in either paragraph (a) of this section exclusively, or paragraph (b) of this section exclusively, below:
(a) The following limitations establish the maximum permissible discharge of process waste water pollutants when the process waste water discharge results from barometric condensing operations only.
1 Within the range 6.0 to 9.0.
2 Temperature not to exceed the temperature of cooled water acceptable for return to the heat producing process and in no event greater than 32 °C.
3 Temperature not to exceed the temperature of cooled water acceptable for return to the heat producing process and in no event greater than 90 °F.
(b) The following limitations establish the maximum permissible discharge of process waste water pollutants when the process waste water discharge results, in whole or in part, from barometric condensing operations and any other beet sugar processing operation.
1 Within the range 6.0 to 9.0.
2 Not to exceed MPN of 400/100 ml at any time.
3 Not to exceed 32 °F.
4 Not to exceed MPN of 400/100 ml at any time (not typically expressed in English units).
5 Not to exceed 90 °F.
§ 409.13   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable.
(a) The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source where the sugar beet processing capacity of the point source does not exceed 1090 kkg (2300 tons) per day of beets sliced or where the soil filtration rate, whether natural or by deliberate design, within the boundaries of all waste water treatment or retention facilities associated with the point source is less than or equal to 0.159 cm ( 1/16 in.) per day; provided however, that a discharge by a point source may be made in accordance with the limitations set forth in either paragraph (a)(1) exclusively, or paragraph (a)(2) of this section exclusively.
(1) The following limitations establish the maximum permissible discharge of process waste water pollutants when the process waste water discharge results from barometric condensing operations only.
(2) The following limitations establish the maximum permissible discharge of process waste water pollutants when the process waste water discharge results, in whole or in part, from barometric condensing operations and any other beet sugar processing operation.
(b) [Reserved]
§ 409.14   Pretreatment standards for existing sources.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
§ 409.15   Standards of performance for new sources.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters.
§ 409.16   Pretreatment standards for new sources.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
§ 409.17   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.12 of this subpart for the best practicable control technology currently available (BPT).
§ 409.20   Applicability; description of the crystalline cane sugar refining subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of raw cane sugar into crystalline refined sugar.
§ 409.21   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) Net shall mean the addition of pollutants.
(c) Melt shall mean that amount of raw material (raw sugar) contained within aqueous solution at the beginning of the process for production of refined cane sugar.
§ 409.22   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Any crystalline cane sugar refinery discharging both barometric condenser cooling water and other process waters shall meet the following limitations. The BOD 5 limitation is determined by the addition of the net BOD 5 attributed to the barometric condenser cooling water to that amount of BOD 5 attributed to the treated process water. The TSS limitation is that amount of TSS attributed to the treated process water. Where the barometric condenser cooling water and process water streams are mixed and impossible to measure separately prior to discharge, the values should be considered net.
1 Within the range 6.0 to 9.0.
(b) Any crystalline cane sugar refinery discharging barometric condenser cooling water only should be required to achieve the following net limitations:
§ 409.23   [Reserved]
§ 409.24   Pretreatment standards for existing sources.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
§ 409.25   Standards of performance for new sources.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
1 Within the range 6.0 to 9.0.
§ 409.26   Pretreatment standards for new sources.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
§ 409.27   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.22 of this subpart for the best practicable control technology currently available (BPT).
§ 409.30   Applicability; description of the liquid cane sugar refining subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of raw cane sugar into liquid refined sugar.
§ 409.31   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart.
(b) Net shall mean the addition of pollutants.
(c) Melt shall mean that amount of raw material (raw sugar) contained within aqueous solution at the beginning of the process for production of refined cane sugar.
§ 409.32   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Any liquid cane sugar refinery discharging both barometric condenser cooling water and other process waters shall meet the following limitations. The BOD 5 limitation is determined by the addition of the net BOD 5 attributed to the barometric condenser cooling water to that amount of BOD 5 attributed to the treated process water. The TSS limitation is that amount of TSS attributed to the treated process water. Where the barometric condenser cooling water and process water streams are mixed and impossible to measure separately prior to discharge, the values should be considered net.
1 Within the range 6.0 to 9.0.
(b) Any liquid cane sugar refinery discharging barometric condenser cooling water only shall meet the following net limitations:
§ 409.33   [Reserved]
§ 409.34   Pretreatment standards for existing sources.
Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart.
§ 409.35   Standards of performance for new sources.
The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:
1 Within the range 6.0 to 9.0.
§ 409.36   Pretreatment standards for new sources.
Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403.
§ 409.37   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.32 of this subpart for the best practicable control technology currently available (BPT).
§ 409.40   Applicability; description of the Louisiana raw cane sugar processing subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of sugar cane into a raw sugar product for those cane sugar factories operating in the State of Louisiana.
§ 409.41   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term gross cane shall mean that amount of crop material as harvested, including field trash and other extraneous material.
§ 409.42   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Any cane sugar factory continuously discharging both barometric condenser cooling water and other process waste waters shall meet the following limitations. The BOD 5 limitation is determined by the addition of the net BOD 5 attributable to the barometric condenser cooling water to that amount of BOD 5 attributable to the treated process waste water. The TSS limitation is that amount of TSS attributable to the treated process waste water, excluding barometric condenser cooling water.
1 Within the range 6.0 to 9.0.
(b) Any cane sugar factory employing waste stabilization where all or a portion of the waste water discharge is stored for the entire grinding season shall meet the following limitations. The BOD 5 limitation is determined by the addition of the net BOD 5 attributable to the barometric condenser cooling water to that amount of BOD 5 attributable to the treated process waste water. The TSS limitation is that amount of TSS attributable to the treated process waste water, excluding barometric condenser cooling water.
§ 409.47   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.42 of this subpart for the best practicable control technology currently available (BPT).
§ 409.50   Applicability; description of the Florida and Texas raw cane sugar processing subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of sugar cane into a raw sugar product for those cane sugar factories located in the states of Florida and Texas.
§ 409.51   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) [Reserved]
§ 409.52   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (a) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process wastewater pollutants to navigable waters.
(a) Process waste water pollutants in the overflow may be discharged to navigable waters whenever rainfall events cause an overflow of process waste water from a facility designed, constructed, and operated to contain all process generated waste waters.
(b) [Reserved]
§ 409.57   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.52 of this subpart for the best practicable control technology currently available (BPT).
§ 409.60   Applicability; description of the Hilo-Hamakua Coast of the Island of Hawaii raw cane sugar processing subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of sugar cane into a raw sugar product for those cane sugar factories located on the Hilo-Hamakua Coast of the Island of Hawaii in the State of Hawaii.
§ 409.61   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term gross cane shall mean that amount of crop material as harvested, including field trash and other extraneous material.
(c) The term net cane shall mean that amount of “gross cane” less the weight of extraneous material.
(d) The term x shall mean that fraction of the “net cane” harvested by the advanced harvesting systems.
§ 409.62   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
1 No limitations.
§ 409.67   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.62 of this subpart for the best practicable control technology currently available (BPT).
§ 409.70   Applicability; description of the Hawaiian raw cane sugar processing subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of sugar cane into a raw sugar product for those cane sugar factories, other than those described by subpart F, located in the State of Hawaii.
§ 409.71   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
§ 409.72   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, and subject to the provisions of paragraph (a) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters.
(a) Process waste water pollutants in the overflow may be discharged to navigable waters whenever rainfall events cause an overflow of process waste water from a facility designed, constructed, and operated to contain all process generated waste waters.
(b) [Reserved]
§ 409.77   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.72 of this subpart for the best practicable control technology currently available (BPT).
§ 409.80   Applicability; description of the Puerto Rican raw cane sugar processing subcategory.
The provisions of this subpart are applicable to discharges resulting from the processing of sugar cane into a raw sugar product for those cane sugar factories located on the island of Puerto Rico.
§ 409.81   Specialized definitions.
For the purpose of this subpart:
(a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart.
(b) The term gross cane shall mean that amount of crop material as harvested, including field trash and other extraneous material.
§ 409.82   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available.
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):
(a) Any cane sugar factory continuously discharging both barometric condenser cooling water and other process waste waters shall meet the following limitations. The BOD 5 limitation is determined by the addition of the net BOD 5 attributable to the barometric condenser cooling water to that amount of BOD 5 attributable to the treated process waste water. The TSS limitation is that amount of TSS attributable to the treated process waste water, excluding barometric condenser cooling water.
1 Within the range 6.0 to 9.0.
(b) Any cane sugar factory employing waste stabilization where all or a portion of the waste water discharge is stored for the entire grinding season shall meet the following limitations. The BOD 5 limitation is determined by the addition of the net BOD 5 attributable to the barometric condenser cooling water to that amount of BOD 5 attributable to the treated process waste water. The TSS limitation is that amount of TSS attributable to the treated process waste water, excluding barometric condenser cooling water.
§ 409.87   Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).
Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 409.82 of this subpart for the best practicable control technology currently available (BPT).