$ 443.23 Effluent limitations guidelines

representing the degree of effluent reduction attainable by the applica. tion of the best available tech

nology economically achievable. The following limitations 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 after application of the best available technology economically achievable: There shall be no discharge of process wastewater pollutants to navigable waters.

(40 FR 31191, July 24, 1975, as amended at 60 FR 33969, June 29, 1995]

8 443.24 [Reserved]

$ 443.25 Standards of performance for

new sources.

Subpart B-Asphalt Concrete

Subcategory 8 443.20 Applicability; description of

the asphalt concrete subcategory. The provisions of this subpart are applicable to discharges resulting from the production of asphalt concrete. $ 443.21 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) The term "process wastewater" shall mean any water which, during the manufacturing process, comes into direct contact with any raw material, intermediate product, by-product, or product used in or resulting from the production of paving asphalt concrete.

(c) The term “process wastewater pollutants” shall mean any pollutants present in the process wastewater.

$ 443.31 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) The term "process wastewater" shall mean any water which, during the manufacturing process, comes into direct contact with any raw material, intermediate product, by-product, or product used in or resulting from the production of asphalt roofing materials.

(c) The term “process wastewater pollutants” shall mean any pollutants present in the process wastewater.

Within the range 6.0 to 9.0.

$443.44 [Reserved]

$443.45 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:

Sec. 444.10 Applicability. 444.11 Definitions. 444.12 Monitoring requirements. 444.13 Effluent limitations attainable by the

application of the best practical control

technology currently available (BPT). 444.14 Effluent limitations attainable by the

application of the best conventional pol

lutant control technology (BCT). 444.15 Effluent limitations attainable by the

application of the best available tech

nology economically achievable (BAT). 444.16 Pretreatment standards for existing

sources (PSES). 444.17 New source performance standards

(NSPS). 444.18 Pretreatment standards for new

sources (PSNS). AUTHORITY: Secs. 301, 304, 306, 307, 308, 402, and 501 of the Clean Water Act, as amended; 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361.

SOURCE: 65 FR 4381, Jan. 27, 2000, unless otherwise noted.

$ 444.11 Definitions.

As used in this part the general definitions and abbreviations in 40 CFR part 401 shall apply.

Commercial hazardous waste combustor means any thermal unit, except a cement kiln, that is subject either to 40 CFR part 264, subpart O; 40 CFR part 265, subpart O; or 40 CFR part 266, subpart H if the thermal unit burns RCRA hazardous wastes received from off-site for a fee or other remuneration in the following circumstances. The thermal unit is a commercial hazardous waste combustor if the off-site wastes are generated at a facility not under the same corporate structure or subject to the same ownership as the thermal unit and

(1) The thermal unit is burning wastes that are not of a similar nature to wastes being burned from industrial processes on site or

(2) There are no wastes being burned from industrial processes on site. Examples of wastes of a “similar nature" may include the following: Wastes generated in industrial operations whose wastewaters are subject to the same provisions in 40 CFR Subchapter N or wastes burned as part of a product stewardship activity. The term commercial hazardous waste combustor includes the following facilities: a facility that burns exclusively waste received from off-site; and, a facility that burns both wastes generated on-site and wastes received from off-site. Facilities that may be commercial hazardous waste combustors include hazardous waste incinerators, rotary kiln incinerators, lime kilns, lightweight aggregate kilns, and boilers. A facility not otherwise a commercial hazardous waste combustor is not a commercial hazardous waste combustor if it burns RCRA hazardous waste for charitable organizations, as a community service or as an accommodation to local, state or government agencies so long as the waste is burned for no fee or other remuneration.

Commercial hazardous waste combustor wastewater means wastewater attributable to commercial waste combustion operations, but includes only wastewater from air pollution control systems and water used to quench flue gas or slag generated as a result of

commercial hazardous waste combustor operations.

Off-site means outside the boundaries of a facility.

On-site means within the boundaries of a facility.

Parameters are defined as Parameters at 40 CFR 136.2 in Table 1B, which also cites the approved methods of analysis.

(1) Arsenic means total arsenic, Parameter 6.

(2) Cadmium means total cadmium, Parameter 12.

(3) Chromium means total chromium, Parameter 19.

(4) Copper means total copper, Parameter 22.

(5) Lead means total lead. Parameter 32.

(6) Mercury means total mercury, Parameter 35.

(7) pH means hydrogen ion, Parameter 28.

(8) Silver means total silver, Parameter 62.

(9) Titanium means total titanium, Parameter 72.

(10) TSS means total suspended solids, Parameter 55.

(11) Zinc means total zinc, Parameter 75.

POTW means a publicly owned treatment works.

8 444.12 Monitoring Requirements

(a) Both direct and indirect discharges must monitor to establish compliance with their limitations and standards. Thus, all the permits of all direct dischargers must include requirements to monitor, according to EPA-approved test procedures, each pollutant limited in the permit, the volume of effluent discharged from each outfall, and other appropriate measurements subject to notification requirements. See 40 CFR 122.44(i). EPA's pretreatment regulations similarly require indirect dischargers to monitor to demonstrate compliance with pretreatment standards. See 40 CFR 403.12(g).

(b) Incorporation by reference:

(1) Compliance with the monitoring requirements may be accomplished using approved test procedures listed in the table to this paragraph. Most of these test procedures have previously been incorporated by reference at 40