Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Appendix N - Toxic Pollutant Effluent Standards and Prohibitions

Current through July 13, 2024
(a) Scope and purpose.
(i) The provisions of this appendix apply to owners or
				  operators of specified facilities discharging into surface waters of the
				  state.
(ii) The effluent standards or prohibitions for toxic
				  pollutants established in this appendix shall be applicable to the sources and
				  pollutants hereinafter set forth, and may be incorporated in any WYPDES permit,
				  modification or renewal thereof, in accordance with the provisions of this
				  appendix.
(iii) The provisions of these regulations shall apply to any
				  WYPDES permit proceedings for any point source discharge containing any toxic
				  pollutant for which a standard or prohibition is established under this
				  appendix.
(b) Definitions. All terms not defined herein shall have the
				  meaning given them in the CWA or in Section
				  3 of these regulations. As used in this
				  appendix, the term:
(i) "Effluent standard" means any restriction established by
				  the administrator on quantities, rates, and concentrations of chemical,
				  physical, biological, and other concentrations of chemical, physical,
				  biological, and other constituents which are discharged from point sources into
				  surface waters of the state but does not include a schedule of
				  compliance.
(ii) "Prohibited" means that the constituent shall be absent
				  in any discharge subject to these standards, as determined by any analytical
				  method.
(iii) "Working day" means the hours during a calendar day in
				  which a facility discharges effluents subject to this part.
(iv) "Ambient water criterion" means that concentration of a
				  toxic pollutant in a surface water of the state that, based upon available
				  data, will not result in adverse impact on important aquatic life, or on
				  consumers of such aquatic life, after exposure of that aquatic life for periods
				  of time exceeding 96 hours and continuing at least through one reproductive
				  cycle; and will not result in a significant risk of adverse health effects in a
				  large human population based on available information such as mammalian
				  laboratory toxicity data, epidemiological studies of human occupational
				  exposures, or human exposure data, or any other relevant data.
(v) "New source" means any source discharging a toxic
				  pollutant, the construction of which is commenced after proposal of an effluent
				  standard or prohibition applicable to such source if such effluent standard or
				  prohibition is thereafter promulgated in accordance with Section 307 of the
				  CWA.
(vi) "Existing source" means any source which is not a new
				  source as defined in Appendix N (b) (v).
(vii) "Source" means any building, structure, facility, or
				  installation from which there is or may be the discharge of toxic pollutants
				  designated as such by the administrator.
(viii) "Owner or operator" means any person who owns, leases,
				  operates, controls, or supervises a source as defined in Appendix N (b)
				  (vii).
(ix) "Construction" means any placement, assembly, or
				  installation of facilities or equipment (including contractual obligations to
				  purchase such facilities or equipment) at the premises where such equipment
				  will be used, including preparation work at such premises.
(x) "Manufacturer" means any establishment engaged in the
				  mechanical or chemical transformation of materials or substances into new
				  products, including but not limited to, the blending of materials such as
				  pesticidal products, resins, or liquors.
(xi) "Process wastes" means any designated toxic pollutant,
				  whether in wastewater or otherwise present, which is inherent to or unavoidably
				  resulting from any manufacturing process, including that which comes into
				  direct contact with or results from the production or use of any raw material,
				  intermediate product, finished product, by-product or waste product and is
				  discharged into surface waters of the state.
(xii) "Air emissions" means the release or discharge of a
				  toxic pollutant by an owner or operator into the ambient air either 1) by means
				  of a stack or 2) as a fugitive dust, mist or vapor as a result inherent to the
				  manufacturing or formulating process.
(xiii) "Fugitive dust, mist or vapor" means dust, mist or
				  vapor containing a toxic pollutant regulated under this part which is emitted
				  from any source other than through a stack.
(xiv) "Stack" means any chimney, flue, conduit, or duct
				  arranged to conduct emissions to the ambient air.
(xv) "Ten year 24-hour rainfall event" means the maximum
				  precipitation event with a probable recurrence interval of once in ten (10)
				  years as defined by the National Weather Service in Technical Paper No. 40,
				  Rainfall Frequency Atlas of the United States, May 1961, and subsequent
				  amendments or equivalent regional or state rainfall probability information
				  developed therefrom.
(c) Abbreviations. The abbreviations used in this part
				  represent the following terms:
(i) lb=pound (or pounds)
(ii) g=gram
(iii) ug/l=micrograms per liter (1 one-millionth
				  gram/liter)
(iv) kg=kilogram(s) kkg=1000 kilogram(s)
(d) Toxic pollutants. The following are the pollutants
				  subject to regulation under the provisions of this appendix:
(i) Aldrin/Dieldrin - Aldrin means the compound aldrin as
				  identified by the chemical name,
				  1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro -
				  1,4-endo-5,8-exo-dimethanonaphthalene; ``Dieldrin'' means the compound the
				  dieldrin as identified by the chemical name 1,2,3,4,10,10- hexachloro-6,7 -
				  epoxy -1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-5,8-exo-
				  dimethanonaphthalene.
(ii) DDT - DDT means the compounds DDT, DDD, and DDE as
				  identified by the chemical names:(DDT)-1,1,1-trichloro-2,2 - bis(p
				  -chlorophenyl) ethane and someo,p'-isomers; (DDD) or (TDE) -1,1 - dichloro -
				  2,2- bis(p-chlorophenyl) ethane and some o,p'-isomers; (DDE) - 1,1 -
				  dichloro-2,2-bis(p-chlorophenyl) ethylene.
(iii) Endrin - Endrin means the compound endrin as identified
				  by the chemical name 1,2,3,4,10,10-hexachloro-6,7-epoxy - 1,4,4a,5,6,7,8,8a -
				  octahydro -1,4-endo-5,8-endodimethanonaphthalene.
(iv) Toxaphene - Toxaphene means a material consisting of
				  technical grade chlorinated camphene having the approximate formula of
				  C10H10Cl8
				  and normally containing 67-69 percent chlorine by weight.
(v) Benzidine - Benzidine means the compound benzidine and
				  its salts as identified by the chemical name 4,4'-diaminobiphenyl.
(vi) Polychlorinated Biphenyls (PCBs) - Polychlorinated
				  biphenyls (PCBs) means a mixture of compounds composed of the biphenyl molecule
				  which has been chlorinated to varying degrees. [42 FR 2613, Jan. 12, 1977, as
				  amended at 42 FR 2620, Jan. 12, 1977; 42 FR 6555, Feb. 2, 1977]
(e) Compliance.
(i) Within 60 days from the date of promulgation of any toxic
				  pollutant effluent standard or prohibition each owner or operator with a
				  discharge subject to that standard or prohibition must notify the director of
				  such discharge. Such notification shall include such information and follow
				  such procedures as the director may require.
(ii) Any owner or operator who does not have a discharge
				  subject to any toxic pollutant effluent standard at the time of such
				  promulgation but who thereafter commences or intends to commence any activity
				  which would result in such a discharge shall first notify the director in the
				  manner herein provided at least 60 days prior to any such discharge.
(iii) Upon receipt of any application for issuance or
				  reissuance of a permit or for a modification of an existing permit for a
				  discharge subject to a toxic pollutant effluent standard or prohibition the
				  permitting authority shall proceed thereon in accordance with these
				  regulations.
(iv) Every permit which contains limitations based upon a
				  toxic pollutant effluent standard or prohibition under this appendix is subject
				  to revision following the completion of any proceeding revising such toxic
				  pollutant effluent standard or prohibition regardless of the duration specified
				  on the permit.
(v) For purposes of this section, all toxic pollutants for
				  which standards are set under this appendix are deemed to be injurious to human
				  health within the meaning of Section 402(k) of the CWA unless otherwise
				  specified in the standard established for any particular pollutant.
(vi) Upon the compliance date for any toxic pollutant
				  effluent standard or prohibition, under Section 307(a) of the CWA, each owner
				  or operator of a discharge subject to such standard or prohibition shall comply
				  with such monitoring, sampling, recording, and reporting conditions as the
				  director may require for that discharge. Notice of such conditions shall be
				  provided in writing to the owner or operator.
(vii) In addition to any conditions required pursuant to
				  Appendix N (e) (vi) and to the extent not required in conditions contained in
				  WYPDES permits, within 60 days following the close of each calendar year each
				  owner or operator of a discharge subject to any toxic standard or prohibition
				  shall report to the director concerning the compliance of such discharges. Such
				  report shall include, as a minimum, information concerning 1) relevant
				  identification of the discharger such as name, location of facility, discharge
				  points, receiving waters, and the industrial process or operation emitting the
				  toxic pollutant; 2) relevant conditions (pursuant to Appendix N (e) (vi) or to
				  an WYPDES permit) as to flow, toxic pollutant concentrations under Section
				  307(a) of the CWA, and toxic pollutant mass emission rate under Section 307(a)
				  of the CWA; and 3) compliance by the discharger with such conditions.
(viii) When samples collected for analysis are composited,
				  such samples shall be composited in proportion to the flow at time of
				  collection and preserved in compliance with requirements of the director, but
				  shall include at least five (5) samples, collected at approximately equal
				  intervals throughout the working day.
(ix) Nothing in these regulations shall preclude the director
				  from requiring in any permit a more stringent effluent limitation or standard
				  pursuant to Section 301(b) (1) (C) of the CWA and implemented pursuant to the
				  provisions of these regulations.
(x) Any owner or operator of a facility which discharges a
				  toxic pollutant to surface waters of the state and to a publicly owned
				  treatment system shall limit the summation of the mass emissions from both
				  discharges to the less restrictive standard, either the direct discharge
				  standard or the pretreatment standard; but in no case will this paragraph allow
				  a discharge to surface waters of the state greater than the toxic pollutant
				  effluent standard established for a direct discharge to the surface waters of
				  the state.
(xi) In any permit hearing or other administrative proceeding
				  relating to the implementation or enforcement of these standards, the parties
				  thereto may not contest the validity of any national standards established in
				  this appendix, or the ambient water criterion established herein for any toxic
				  pollutant.
(f) Adjustment of effluent standard for presence of toxic
				  pollutant in the intake water.
(i) Upon the request of the owner or operator of a facility
				  discharging a pollutant subject to a toxic pollutant effluent standard or
				  prohibition, the director shall give credit, and shall adjust the effluent
				  standard(s) in such permit to reflect credit for the toxic pollutant(s) in the
				  owner's or operator's water supply if 1) the source of the owner's or
				  operator's water supply is the same body of water into which the discharge is
				  made, and if 2) it is demonstrated to the director that the toxic pollutant(s)
				  present in the owner's or operator's intake water will not be removed by any
				  wastewater treatment systems whose design capacity and operation were such as
				  to reduce toxic pollutants to the levels required by the applicable toxic
				  pollutant effluent standards in the absence of the toxic pollutant in the
				  intake water.
(ii) Effluent limitations established pursuant to this
				  section shall be calculated on the basis of the amount of the toxic
				  pollutant(s) under Section 307(a) of the CWA present in the water after any
				  water supply treatment steps have been performed by or for the owner or
				  operator.
(iii) Any permit which includes toxic pollutant effluent
				  limitations established pursuant to this appendix shall also contain conditions
				  requiring the permittee to conduct additional monitoring in the manner and
				  locations determined by the director for those toxic pollutants for which the
				  toxic pollutant effluent standards have been adjusted.
(g) Requirement and procedure for establishing a more
				  stringent effluent limitation.
(i) In exceptional cases:
(A) Where the director determines that the ambient water
				  criterion established in these regulations is not being met or will not be met
				  in the receiving water as a result of one or more discharges at levels allowed
				  by these regulations, and
(B) Where the director further determines that this is
				  resulting in or may cause or contribute to significant adverse effects on
				  aquatic or other organisms usually or potentially present, or on human health,
				  the director may issue to an owner or operator a permit or a permit
				  modification containing a toxic pollutant effluent limitation at a more
				  stringent level than that required by these regulations. In any proceeding in
				  connection with such action the burden of proof and burden of going forward
				  with evidence with regard to such more stringent effluent limitation shall be
				  upon the director as the proponent of such more stringent effluent
				  limitation.
(C) Evidence in such proceeding shall include at a minimum:
				  An analysis using data and other information to demonstrate receiving water
				  concentrations of the specified toxic pollutant, projections of the anticipated
				  effects of the proposed modification on such receiving water concentrations,
				  and the hydrologic and hydrographic characteristics of the receiving waters
				  including the occurrence of dispersion of the effluent.
(ii) Any effluent limitation in a WYPDES permit proposed to
				  be issued which is more stringent than the toxic pollutant effluent standards
				  promulgated by the director is subject to review by the Administrator of the
				  EPA under Section 402(d) of the CWA. The Administrator of the EPA may approve
				  or disapprove such limitation(s) or specify another limitation(s) upon review
				  of any record of any proceedings held in connection with the permit issuance or
				  modification and any other available evidence. If the Administrator of the EPA
				  takes no action within 90 days of receipt of the notification of the action of
				  the director and any record thereof, the action of the director shall be deemed
				  to be approved.
(h) Aldrin/Dieldrin.
(i) Specialized definitions.
(A) "Aldrin/Dieldrin manufacturer" means a manufacturer,
				  excluding any source which is exclusively an aldrin/dieldrin formulator, who
				  produces, prepares or processes technical aldrin or dieldrin or who uses aldrin
				  or dieldrin as a material in the production, preparation or processing of
				  another synthetic organic substance.
(B) "Aldrin/Dieldrin formulator" means a person who produces,
				  prepares or processes a formulated product comprising a mixture of either
				  aldrin or dieldrin and inert materials or other diluents, into a product
				  intended for application in any use registered under the Federal Insecticide,
				  Fungicide and Rodenticide Act, as amended (
				  7 U.S.C.
				  135, et seq.).
(C) The ambient water criterion for aldrin/dieldrin in
				  surface waters of the state is 0.003 ug/l.
(ii) Aldrin/Dieldrin manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by aldrin/dieldrin as a result of the manufacturing process,
				  including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (h) (ii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of aldrin/dieldrin; or to storm water runoff that exceeds that from
				  the 10-year 24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase the
				  analytical sensitivity.
(C) Effluent standard.
(I) Existing sources. Aldrin or dieldrin is prohibited in any
				  discharge from any aldrin/dieldrin manufacturer.
(II) New Sources. Aldrin or dieldrin is prohibited in any
				  discharge from any aldrin/dieldrin manufacturer.
(iii) Aldrin/Dieldrin formulator.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the formulating areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by aldrin/dieldrin as a result of the formulating process,
				  including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (h) (iii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of aldrin/dieldrin; or to storm water runoff that exceeds that from
				  the 10-year 24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase the
				  analytical sensitivity.
(C) Effluent standard.
(I) Existing sources. Aldrin or dieldrin is prohibited in any
				  discharge from any aldrin/dieldrin formulator.
(II) New sources. Aldrin or dieldrin is prohibited in any
				  discharge from any aldrin/dieldrin formulator.
(i) DDT, DDD, and DDE.
(i) Specialized definitions.
(A) "DDT manufacturer" means a manufacturer, excluding any
				  source which is exclusively a DDT formulator, who produces, prepares or
				  processes technical DDT, or who uses DDT as a material in the production,
				  preparation or processing of another synthetic organic substance.
(B) "DDT formulator" means a person who produces, prepares or
				  processes a formulated product comprising a mixture of DDT and inert materials
				  or other diluents into a product intended for application in any use registered
				  under the Federal Insecticide, Fungicide and Rodenticide Act, as amended (
				  7 U.S.C.
				  135, et seq.). The ambient water criterion
				  for DDT in surface waters of the state is 0.001 ug/l.
(ii) DDT manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by DDT as a result of the manufacturing process, including but
				  not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (i) (ii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of DDT; or to storm water runoff that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase the
				  analytical sensitivity.
(C) Effluent standard.
(I) Existing sources. DDT is prohibited in any discharge from
				  any DDT manufacturer.
(II) New sources. DDT is prohibited in any discharge from any
				  DDT manufacturer.
(iii) DDT formulator.
(A) Applicability.
(1.) These standards or prohibitions apply to: (1.) All
				  discharges of process wastes; and
(2.) All discharges from the formulating areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by DDT as a result of the formulating process, including but not
				  limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (i) (iii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of DDT or to storm water runoff that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase the
				  analytical sensitivity.
(C) Effluent standard.
(I) Existing sources. DDT is prohibited in any discharge from
				  any DDT formulator.
(II) New Sources. DDT is prohibited in any discharge from any
				  DDT formulator.
(j) Endrin.
(i) Specialized definitions.
(A) "Endrin manufacturer" means a manufacturer, excluding any
				  source which is exclusively an endrin formulator, who produces, prepares or
				  processes technical endrin, or who uses endrin as a material in the production,
				  preparation or processing of another synthetic organic substance.
(B) "Endrin formulator means" a person who produces, prepares
				  or processes a formulated product comprising a mixture of endrin and inert
				  materials or other diluents into a product intended for application in any use
				  registered under the Federal Insecticide, Fungicide and Rodenticide Act, as
				  amended ( 7 U.S.C.
				  135 et seq.).
(C) The ambient water criterion for endrin in surface waters
				  of the state is 0.004 ug/l.
(ii) Endrin manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by endrin as a result of the manufacturing process, including but
				  not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (j) (ii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of endrin or to storm water runoff that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136.
(C) Effluent standard.
(I) Existing sources. Discharges from an endrin manufacturer
				  shall not contain endrin concentrations exceeding an average per working day of
				  1.5 ug/l calculated over any calendar month; and shall not exceed a monthly
				  average daily loading of 0.0006 kg/kkg of endrin produced; and shall not exceed
				  7.5 ug/l in a sample(s) representing any working day.
(II) New sources. Discharges from an endrin manufacturer
				  shall not contain endrin concentrations exceeding an average per working day of
				  0.1 ug/l calculated over any calendar month; and shall not exceed a monthly
				  average daily loading of 0.00004 kg/kkg of endrin produced; and shall not
				  exceed 0.5 ug/l in a sample(s) representing any working day.
(III) Mass emission standard during shutdown of production.
				  In computing the allowable monthly average daily loading figure required under
				  the preceding Appendix N (j) (ii) (C) (I) and (II), for any calendar month for
				  which there is no endrin being manufactured at any plant or facility which
				  normally contributes to the discharge which is subject to these standards, the
				  applicable production value shall be deemed to be the average monthly
				  production level for the most recent preceding 360 days of actual operation of
				  the plant or facility.
(iii) Endrin formulator.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the formulating areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by endrin as a result of the formulating process, including but
				  not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (j) (iii) (A) (II); and
b. water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of endrin, or to storm-water runoff that exceeds that from the
				  10-year 24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase the
				  analytical sensitivity.
(C) Effluent standard.
(I) Existing sources. Endrin is prohibited in any discharge
				  from any endrin formulator.
(II) New sources. Endrin is prohibited in any discharge from
				  any endrin formulator.
(iv) The standards set forth in this section shall apply to
				  the total combined weight or concentration of endrin, excluding any associated
				  element or compound.
(k) Toxaphene.
(i) Specialized definitions.
(A) "Toxaphene manufacturer" means a manufacturer, excluding
				  any source which is exclusively a toxaphene formulator, who produces, prepares
				  or processes toxaphene or who uses toxaphene as a material in the production,
				  preparation or processing of another synthetic organic substance.
(B) "Toxaphene formulator" means a person who produces,
				  prepares or processes a formulated product comprising a mixture of toxaphene
				  and inert materials or other diluents into a product intended for application
				  in any use registered under the Federal Insecticide, Fungicide and Rodenticide
				  Act, as amended ( 7 U.S.C.
				  135, et seq.).
(C) The ambient water criterion for toxaphene in surface
				  waters of the state is 0.005 ug/l.
(ii) Toxaphene manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by toxaphene as a result of the manufacturing process, including
				  but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (k) (ii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of toxaphene or to storm water runoff that exceeds that from the
				  10-year 24-hour rainfall event.
(B) Analytical method acceptable . EPA method specified in 40
				  CFR Part 136.
(C) Effluent standard.
(I) Existing sources. Discharges from a toxaphene
				  manufacturer shall not contain toxaphene concentrations exceeding an average
				  per working day of 1.5 ug/l calculated over any calendar month; and shall not
				  exceed a monthly average daily loading of 0.00003 kg/kkg of toxaphene produced,
				  and shall not exceed 7.5 ug/l in a sample(s) representing any working
				  day.
(II) New sources. Discharges from a toxaphene manufacturer
				  shall not contain toxaphene concentrations exceeding an average per working day
				  of 0.1 ug/l calculated over any calendar month; and shall not exceed a monthly
				  average daily loading of 0.000002 kg/kkg of toxaphene produced, and shall not
				  exceed 0.5 ug/l in a sample(s) representing any working day.
(III) Mass emission during shutdown of production. In
				  computing the allowable monthly average daily loading figure required under the
				  preceding Appendix N (k) (ii) (C) (I) and (II), for any calendar month for
				  which there is notoxaphene being manufactured at any plant or facility which
				  normally contributes to the discharge which is subject to these standards, the
				  applicable production value shall be deemed to be the average monthly
				  production level for the most recent preceding 360 days of actual operation of
				  the plant or facility.
(iii) Toxaphene formulator.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the formulating areas, loading and
				  unloading areas, storage areas and other areas which are subject to direct
				  contamination by toxaphene as a result of the formulating process, including
				  but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (k) (iii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of toxaphene, or to storm water runoff that exceeds that from the
				  10-year 24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase the
				  analytical sensitivity.
(C) Effluent standards.
(I) Existing sources. Toxaphene is prohibited in any
				  discharge from any toxaphene formulator.
(II) New sources. Toxaphene is prohibited in any discharge
				  from any toxaphene formulator.
(iv) The standards set forth in this section shall apply to
				  the total combined weight or concentration of toxaphene, excluding any
				  associated element or compound.
(l) Benzidine.
(i) Specialized definitions.
(A) "Benzidine manufacturer" means a manufacturer who
				  produces benzidine or who produces benzidine as an intermediate product in the
				  manufacture of dyes commonly used for textile, leather and paper dyeing.
(B) "Benzidine-based dye applicator" means an owner or
				  operator who uses benzidine-based dyes in the dyeing of textiles, leather or
				  paper.
(C) The ambient water criterion for benzidine in surface
				  waters of the state is 0.1 ug/l.
(ii) Benzidine manufacturer.
(A) Applicability.
(I) These standards apply to:
(1.) All discharges into the surface waters of the state of
				  process wastes, and
(2.) All discharges into the surface waters of the state of
				  wastes containing benzidine from the manufacturing areas, loading and unloading
				  areas, storage areas, and other areas subject to direct contamination by
				  benzidine or benzidine-containing product as a result of the manufacturing
				  process, including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (l) (ii) (A) (II), and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of benzidine or to storm water runoff that exceeds that from the
				  10-year 24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136.
(C) Effluent standards.
(I) Existing sources. Discharges from a benzidine
				  manufacturer shall not contain benzidine concentrations exceeding an average
				  per working day of 10 ug/l calculated over any calendar month, and shall not
				  exceed a monthly average daily loading of 0.130 kg/kkg of benzidine produced,
				  and shall not exceed 50 ug/l in a sample(s) representing any working
				  day.
(II) New sources. Discharges from a benzidine manufacturer
				  shall not contain benzidine concentrations exceeding an average per working day
				  of 10 ug/l calculated over any calendar month, and shall not exceed a monthly
				  average daily loading of 0.130 kg/kkg of benzidine produced, and shall not
				  exceed 50 ug/l in a sample(s) representing any working day.
(D) The standards set forth in Appendix N (l) (ii) shall
				  apply to the total combined weight or concentration of benzidine, excluding any
				  associated element or compound.
(iii) Benzidine-based dye applicators.
(A) Applicability.
(I) These standards apply to:
(1.) All discharges into the surface waters of the state of
				  process wastes, and
(2.) All discharges into the surface waters of the state of
				  wastes containing benzidine from the manufacturing areas, loading and unloading
				  areas, storage areas, and other areas subject to direct contamination by
				  benzidine or benzidine-containing product as a result of the manufacturing
				  process, including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (l) (iii) (A) (II), and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of benzidine or to storm water that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical method acceptable.
(I) EPA method specified in 40 CFR Part 136; or
(II) Mass balance monitoring approach which requires the
				  calculation of the benzidine concentration by dividing the total benzidine
				  contained in dyes used during a working day (as certified in writing by the
				  manufacturer) by the total quantity of water discharged during the working
				  day.
(C) Effluent standards.
(I) Existing sources. Discharges from benzidine-based dye
				  applicators shall not contain benzidine concentrations exceeding an average per
				  working day of 10 ug/l calculated over any calendar month; and shall not exceed
				  25 ug/l in a sample(s) or calculation(s) representing any working day.
(II) New sources. Discharges from benzidine-based dye
				  applicators shall not contain benzidine concentrations exceeding an average per
				  working day of 10 ug/l calculated over any calendar month; and shall not exceed
				  25 ug/l in a sample(s) or calculation(s) representing any working day.
(D) The standards set forth in Appendix N (l) (iii) shall
				  apply to the total combined concentrations of benzidine, excluding any
				  associated element or compound [42 FR 2620, Jan. 12, 1977].
(m) Polychlorinated biphenyls (PCBs).
(i) Specialized definitions.
(A) "PCB manufacturer" means a manufacturer who produces
				  polychlorinated biphenyls.
(B) "Electrical capacitor manufacturer" means a manufacturer
				  who produces or assembles electrical capacitors in which PCB or PCB-containing
				  compounds are part of the dielectric.
(C) "Electrical transformer manufacturer" means a
				  manufacturer who produces or assembles electrical transformers in which PCB or
				  PCB-containing compounds are part of the dielectric.
(D) The ambient water criterion for PCBs in surface waters of
				  the state is 0.001 ug/l.
(ii) PCB manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes;
(2.) All discharges from the manufacturing or incinerator
				  areas, loading and unloading areas, storage areas, and other areas which are
				  subject to direct contamination by PCBs as a result of the manufacturing
				  process, including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (m) (ii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of PCBs, or to storm water runoff that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical Method Acceptable. EPA method specified in 40
				  CFR Part 136 except that a 1-liter sample size is required to increase
				  analytical sensitivity.
(C) Effluent standards.
(I) Existing sources. PCBs are prohibited in any discharge
				  from any PCB manufacturer;
(II) New sources. PCBs are prohibited in any discharge from
				  any PCB manufacturer.
(iii) Electrical capacitor manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing or incineration
				  areas, loading and unloading areas, storage areas and other areas which are
				  subject to direct contamination by PCBs as a result of the manufacturing
				  process, including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (m) (iii) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of PCBs or to storm water runoff that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase
				  analytical sensitivity.
(C) Effluent standards.
(I) Existing sources. PCBs are prohibited in any discharge
				  from any electrical capacitor manufacturer;
(II) New sources. PCBs are prohibited in any discharge from
				  any electrical capacitor manufacturer.
(iv) Electrical transformer manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing or incineration
				  areas, loading and unloading areas, storage areas, and other areas which are
				  subject to direct contamination by PCBs as a result of the manufacturing
				  process, including but not limited to:
a. Storm water and other runoff except as hereinafter
				  provided in Appendix N (m) (iv) (A) (II); and
b. Water used for routine cleanup or cleanup of
				  spills.
(II) These standards do not apply to storm water runoff or
				  other discharges from areas subject to contamination solely by fallout from air
				  emissions of PCBs or to storm water runoff that exceeds that from the 10-year
				  24-hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40
				  CFR Part 136, except that a 1-liter sample size is required to increase
				  analytical sensitivity.
(C) Effluent standards.
(I) Existing sources. PCBs are prohibited in any discharge
				  from any electrical transformer manufacturer;
(II) New sources. PCBs are prohibited in any discharge from
				  any electrical transformer manufacturer.
(v) Adjustment of effluent standard for presence of PCBs in
				  intake water. Whenever a facility which is subject to these standards has PCBs
				  in its effluent which result from the presence of PCBs in its intake waters,
				  the owner may apply to the director, for a credit pursuant to Appendix N (f),
				  where the source of the water supply is the same body of water into which the
				  discharge is made. The requirement of Appendix N (f) (i), relating to the
				  source of the water supply, shall be waived, and such facility shall be
				  eligible to apply for a credit under Appendix N (f), upon a showing by the
				  owner or operator of such facility to the director that the concentration of
				  PCBs in the intake water supply of such facility does not exceed the
				  concentration of PCBs in the receiving water body to which the plant discharges
				  its effluent.
KG3-0645-doc
Revised09-01-04