PART 129—TOXIC POLLUTANT EFFLUENT STANDARDS Authority: Secs. 307, 308, 501, Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, 86 Stat. 816, (33 U.S.C. 1251 et seq. Source: 42 FR 2613, Jan. 12, 1977, unless otherwise noted. Subpart A—Toxic Pollutant Effluent Standards and Prohibitions § 129.1 Scope and purpose. (a) The provisions of this subpart apply to owners or operators of specified facilities discharging into navigable waters. (b) The effluent standards or prohibitions for toxic pollutants established in this subpart shall be applicable to the sources and pollutants hereinafter set forth, and may be incorporated in any NPDES permit, modification or renewal thereof, in accordance with the provisions of this subpart. (c) The provisions of 40 CFR parts 124 and 125 shall apply to any NPDES permit proceedings for any point source discharge containing any toxic pollutant for which a standard or prohibition is established under this part. § 129.2 Definitions. All terms not defined herein shall have the meaning given them in the Act or in 40 CFR part 124 or 125. As used in this part, the term: (a) Act et seq., et seq. (b) Administrator (c) Effluent standard effluent limitation (d) Prohibited (e) Permit (f) Working day (g) Ambient water criterion (h) New source (i) Existing source (j) Source (k) Owner or operator (l) Construction (m) Manufacturer (n) Process wastes (o) Air emissions (p) Fugitive dust, mist or vapor (q) Stack (r) Ten year 24-hour rainfall event Rainfall Frequency Atlas of the United States, (s) State Director State Director § 129.3 Abbreviations. The abbreviations used in this part represent the following terms: lb = pound (or pounds) g = gram µg/l = micrograms per liter (1 one-millionth gram/liter) kg = kilogram(s) kkg = 1000 kilogram(s) § 129.4 Toxic pollutants. The following are the pollutants subject to regulation under the provisions of this subpart: (a) Aldrin/Dieldrin— Aldrin (b) DDT— DDT (c) Endrin— Endrin (d) Toxaphene— Toxaphene 10 10 8 (e) Benzidine— Benzidine (f) Polychlorinated Biphenyls (PCBs) polychlorinated biphenyls [42 FR 2613, Jan. 12, 1977, as amended at 42 FR 2620, Jan. 12, 1977; 42 FR 6555, Feb. 2, 1977] § 129.5 Compliance. (a)(1) 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 Regional Administrator (or State Director, if appropriate) of such discharge. Such notification shall include such information and follow such procedures as the Regional Administrator (or State Director, if appropriate) may require. (2) 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 Regional Administrator (or State Director, if appropriate) in the manner herein provided at least 60 days prior to any such discharge. (b) 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 40 CFR part 124 or 125, whichever is applicable. (c)(1) Every permit which contains limitations based upon a toxic pollutant effluent standard or prohibition under this part 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. (2) For purposes of this section, all toxic pollutants for which standards are set under this part are deemed to be injurious to human health within the meaning of section 402(k) of the Act unless otherwise specified in the standard established for any particular pollutant. (d)(1) Upon the compliance date for any section 307(a) toxic pollutant effluent standard or prohibition, 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 Regional Administrator (or State Director, if appropriate) may require for that discharge. Notice of such conditions shall be provided in writing to the owner or operator. (2) In addition to any conditions required pursuant to paragraph (d)(1) of this section and to the extent not required in conditions contained in NPDES 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 Regional Administrator (or State Director, if appropriate) concerning the compliance of such discharges. Such report shall include, as a minimum, information concerning (i) 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; (ii) relevant conditions (pursuant to paragraph (d)(1) of this section or to an NPDES permit) as to flow, section 307(a) toxic pollutant concentrations, and section 307(a) toxic pollutant mass emission rate; (iii) compliance by the discharger with such conditions. (3) 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 Regional Administrator (or State Director, if appropriate), but shall include at least five samples, collected at approximately equal intervals throughout the working day. (e)(1) Nothing in these regulations shall preclude a Regional Administrator from requiring in any permit a more stringent effluent limitation or standard pursuant to section 301(b)(1)(C) of the Act and implemented in 40 CFR 125.11 and other related provisions of 40 CFR part 125. (2) Nothing in these regulations shall preclude the Director of a State Water Pollution Control Agency or interstate agency operating a National Pollutant Discharge Elimination System Program which has been approved by the Administrator pursuant to section 402 of the Act from requiring in any permit a more stringent effluent limitation or standard pursuant to section 301(b)(1)(C) of the Act and implemented in 40 CFR 124.42 and other related provisions of 40 CFR part 124. (f) Any owner or operator of a facility which discharges a toxic pollutant to the navigable waters 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 the navigable waters greater than the toxic pollutant effluent standard established for a direct discharge to the navigable waters. (g) In any permit hearing or other administrative proceeding relating to the implementation or enforcement of these standards, or any modification thereof, or in any judicial proceeding other than a petition for review of these standards pursuant to section 509(b)(1)(C) of the Act, the parties thereto may not contest the validity of any national standards established in this part, or the ambient water criterion established herein for any toxic pollutant. § 129.6 Adjustment of effluent standard for presence of toxic pollutant in the intake water. (a) Upon the request of the owner or operator of a facility discharging a pollutant subject to a toxic pollutant effluent standard or prohibition, the Regional Administrator (or State Director, if appropriate) 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 Regional Administrator (or State Director, if appropriate) 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. (b) Effluent limitations established pursuant to this section shall be calculated on the basis of the amount of section 307(a) toxic pollutant(s) present in the water after any water supply treatment steps have been performed by or for the owner or operator. (c) Any permit which includes toxic pollutant effluent limitations established pursuant to this section shall also contain conditions requiring the permittee to conduct additional monitoring in the manner and locations determined by the Regional Administrator (or State Director, if appropriate) for those toxic pollutants for which the toxic pollutant effluent standards have been adjusted. § 129.7 Requirement and procedure for establishing a more stringent effluent limitation. (a) In exceptional cases: (2) Where he 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, he 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 the standard set forth in these regulations. Any such action shall be taken pursuant to the procedural provisions of 40 CFR parts 124 and 125, as appropriate. In any proceeding in connection with such action the burden of proof and of going forward with evidence with regard to such more stringent effluent limitation shall be upon the Regional Administrator (or State Director, if appropriate) as the proponent of such more stringent effluent limitation. (3) 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. Detailed specifications for presenting relevant information by any interested party may be prescribed in guidance documents published from time to time, whose availability will be announced in the Federal Register. (b) Any effluent limitation in an NPDES permit which a State proposes to issue which is more stringent than the toxic pollutant effluent standards promulgated by the Administrator is subject to review by the Administrator under section 402(d) of the Act. The Administrator 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 evidence available to him. If he takes no action within ninety days of his receipt of the notification of the action of the permit issuing authority and any record thereof, the action of the State permit issuing authority shall be deemed to be approved. § 129.8 Compliance date. (a) The effluent standards or prohibitions set forth herein shall be complied with not later than one year after promulgation unless an earlier date is established by the Administrator for an industrial subcategory in the promulgation of the standards or prohibitions. (b) Toxic pollutant effluent standards or prohibitions set forth herein shall become enforceable under sections 307(d) and 309 of the Act on the date established in paragraph (a) of this section regardless of proceedings in connection with the issuance of any NPDES permit or application therefor, or modification or renewal thereof. §§ 129.9-129.99 [Reserved] § 129.100 Aldrin/dieldrin. (a) Specialized definitions. Aldrin/Dieldrin manufacturer (2) Aldrin/Dieldrin formulator et seq. (3) The ambient water criterion for aldrin/dieldrin in navigable waters is 0.003 µg/l. (b) Aldrin/dieldrin manufacturer Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of aldrin/dieldrin; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable. (3) Effluent standard Existing sources. (ii) New Sources. (c) Aldrin/dieldrin formulator Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of aldrin/dieldrin; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable. (3) Effluent standard Existing sources. (ii) New sources. § 129.101 DDT, DDD and DDE. (a) Specialized definitions. DDT Manufacturer (2) DDT formulator et seq. (3) The ambient water criterion for DDT in navigable waters is 0.001 µg/l. (b) DDT manufacturer Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of DDT; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable. (3) Effluent standard Existing sources. (ii) New sources. (c) DDT formulator Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of DDT; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable. (3) Effluent standard Existing sources. (ii) New Sources. § 129.102 Endrin. (a) Specialized definitions. Endrin Manufacturer (2) Endrin Formulator et seq. (3) The ambient water criterion for endrin in navigable waters is 0.004 µg/l. (b) Endrin manufacturer Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of endrin; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable (3) Effluent standard Existing sources. (ii) New sources. (iii) Mass emission standard during shutdown of production. (c) Endrin formulator Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 2 (ii) These standards do not apply to stormwater 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 ten year 24-hour rainfall event. (2) Analytical method acceptable (3) Effluent standard Existing sources. (ii) New sources—Endrin is prohibited in any discharge from any endrin formulator. (d) The standards set forth in this section shall apply to the total combined weight or concentration of endrin, excluding any associated element or compound. § 129.103 Toxaphene. (a) Specialized definitions. Toxaphene manufacturer (2) Toxaphene formulator et seq. (3) The ambient water criterion for toxaphene in navigable waters is 0.005 µg/l. (b) Toxaphene manufacturer Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of toxaphene; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable (3) Effluent standard Existing sources. (ii) New sources. (iii) Mass emission during shutdown of production. (c) Toxaphene formulator Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of toxaphene; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable (3) Effluent standards Existing sources. (ii) New sources. (d) The standards set forth in this section shall apply to the total combined weight or concentration of toxaphene, excluding any associated element or compound. § 129.104 Benzidine. (a) Specialized definitions. Benzidine Manufacturer (2) Benzidine-Based Dye Applicator (3) The ambient water criterion for benzidine in navigable waters is 0.1 µg/l. (b) Benzidine manufacturer Applicability. (A) All discharges into the navigable waters of process wastes, and (B) All discharges into the navigable waters 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of benzidine; or to stormwater runoff that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable (3) Effluent standards Existing sources. (ii) New sources. (4) The standards set forth in this paragraph (b) shall apply to the total combined weight or concentration of benzidine, excluding any associated element or compound. (c) Benzidine-based dye applicators Applicability. (A) All discharges into the navigable waters of process wastes, and (B) All discharges into the navigable waters 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of benzidine; or to stormwater that exceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable. (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. [ Comment: (3) Effluent standards Existing sources. (ii) New sources. (4) The standards set forth in this paragraph (c) shall apply to the total combined concentrations of benzidine, excluding any associated element or compound. [42 FR 2620, Jan. 12, 1977] § 129.105 Polychlorinated biphenyls (PCBs). (a) Specialized definitions. PCB Manufacturer (2) Electrical capacitor manufacturer (3) Electrical transformer manufacturer (4) The ambient water criterion for PCBs in navigable waters is 0.001 µg/l. (b) PCB manufacturer Applicability. (A) All discharges of process wastes; (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that exceeds that from the ten-year 24-hour rainfall event. (2) Analytical Method Acceptable—Environmental Protection Agency method specified in 40 CFR part 136 except that a 1-liter sample size is required to increase analytical sensitivity. (3) Effluent standards Existing sources. (ii) New sources. (c) Electrical capacitor manufacturer Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that exceeds that from the ten-year 24-hour rainfall event. (2) Analytical method acceptable. (3) Effluent standards Existing sources. (ii) New sources. (d) Electrical transformer manufacturer Applicability. (A) All discharges of process wastes; and (B) 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: ( 1 ( 2 (ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that exceeds that from the ten-year 24-hour rainfall event. (2) Analytical method acceptable. (3) Effluent standards Existing sources. (ii) New sources. (e) Adjustment of effluent standard for presence of PCBs in intake water. [42 FR 6555, Feb. 2, 1977]