The provisions of this subpart are applicable to discharges resulting from the processing of the following specialty products: Added ingredients; baby food; corn, potato, and tortilla chips; ethnic foods; jams and jellies; mayonnaise and dressings; soups; and tomato-starch-cheese canned specialties. When a plant is subject to effluent limitations covering more than one commodity or subcategory, the plant discharge limitations shall be set by proration of limitations for each subcategory or commodity based on the total production covered by each commodity or subcategory.

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 added ingredients shall mean the prepared sauces (prepared from items such as dairy products, starches, sugar, tomato sauce and concentrate, spices, and other related preprocessed ingredients) which are added during the canning and freezing of fruits and vegetables.

(c) The term baby foods shall mean the processing of canned fresh fruits and vegetables, meats, eggs, fruit juices, cereal, formulated entrees, desserts and snacks using fresh, pre-processed, or any combination of these and other food ingredients necessary for the production of infant foods.

(d) The term chips, potato shall mean the processing of fried chips, made from fresh or stored white potatoes, all varieties. In terms of finished potato chips, 1 kg (lb) of finished product is equivalent to 4 kg (lb) of raw material.

(e) The term chips, corn shall mean the processing of fried corn, made by soaking, rinsing, milling and extruding into a fryer without toasting. In terms of finished corn chips, 1 kg (lb) of finished product is equivalent to 0.9 kg (lb) of raw material.

(f) The term chips, tortilla shall mean the processing of fried corn, made by soaking, rinsing, milling, rolling into sheets, toasting and frying. In terms of finished tortilla chips, 1 kg (lb) of finished product is equivalent to 0.9 kg (lb) of raw material.

(g) The term ethnic foods shall mean the production of canned and frozen Chinese and Mexican specialties utilizing fresh and pre-processed bean sprouts, bamboo shoots, water chestnuts, celery, cactus, tomatoes, and other similar vegetables necessary for the production of the various characteristic product styles.

(h) The term jams and jellies shall include the production of jams, jellies and preserves defined as follows: The combination of fruit and fruit concentrate, sugar, pectin, and other additives in an acidic medium resulting in a gelatinized and thickened finished product.

(i) The term mayonnaise and salad dressings shall be defined as the emulsified and non-emulsified semisolid food prepared from the combining of edible vegetable oil with acidifying, and egg yolk containing ingredients, or gum and starch combinations to which certain colorings, spices, and flavorings have been added.

(j) The term soups shall mean the combination of various fresh and pre-processed meats, fish, dairy products, eggs, flours, starches, vegetables, spices, and other similar raw ingredients into a variety of finished mixes and styles but not including dehydrated soups.

(k) The term tomato-starch-cheese canned specialties shall mean canned specialties resulting from a combination of fresh and pre-processed tomatoes, starches, cheeses, spices, and other flavorings necessary to produce a variety of products similar to but not exclusively raviolis, spaghetti, tamales, and enchiladas.

(l) The term medium shall mean a point source that processes a total annual raw material production of fruits, vegetables, specialties and other products that is between 1,816 kkg (2,000 tons) per year and 9,080 kkg (10,000 tons) per year.

(m) The term large shall mean a point source that processes a total annual raw material production of fruits, vegetables, specialties and other products that exceeds 9,080 kkg (10,000 tons) per year.

(n) The term annual average shall mean the maximum allowable discharge of BOD5 or TSS, as calculated by multiplying the total mass (kkg or 1000 lb) of each final product produced for the entire processing season or calendar year by the applicable annual average limitation.

(o) The terms maximum for any one day and average of daily values for thirty consecutive days shall be based on the daily average mass of final product produced during the peak thirty consecutive day production period.

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) The following limitations establish the quantity of BOD5 controlled by this section, which may be discharged by a “medium” or “large” existing point source subject to the provisions of this subpart after application of the best practicable control technology currently available. Any food specialty plant which continuously or intermittently discharges process waste water during the processing season shall meet the annual average, maximum thirty day average, and maximum day BOD5 limitations. Food specialty plants employing long term waste stabilization, where all or a portion of the process waste water discharge is stored for the entire processing season and release at a controlled rate with state approval, shall meet only the annual average BOD5 limitations. Effluent limitations for the soups subcategory are based upon pounds (lb) or kilograms (kg) of pollutant per 1000 pounds (lb) or kilograms (kkg) of raw ingredients.

(b) The following limitations establish the quantity of TSS controlled by this section, which may be discharged by a “medium” or “large” existing point source subject to the provisions of this subpart after application of the best practicable control technology currently available. Any food specialty plant which continuously or intermittently discharges process waste water during the processing season shall meet the annual average, maximum thirty day average, and maximum day TSS limitations. Food specialty plants employing long term waste stabilization, where all or a portion of the process waste water discharge is stored for the entire processing season and released at a controlled rate with state approval, shall meet only the annual average TSS limitations. Effluent limitations for the soups subcategory are based upon pounds (lb) or kilograms (kg) of pollutant per 1000 pounds (lb) or kilograms (kkg) of raw ingredients.

(c) The following limitations establish the quality of pH controlled by this section, which may be discharged by a “medium” or “large” existing point source subject to the provisions of this subpart after application of the best practicable control technology currently available.

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 any existing point source subject to the provisions of this subpart.

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. 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 new point source subject to the provisions of this subpart.

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 § 407.82 of this subpart for the best practicable control technology currently available (BPT).