Regulations last checked for updates: Nov 24, 2024

Title 40 - Protection of Environment last revised: Nov 21, 2024
§ 419.40 - Applicability; description of the lube subcategory.

The provisions of this subpart are applicable to all discharges from any facility that produces petroleum products by the use of topping, cracking, and lube oil manufacturing processes, whether or not the facility includes any process in addition to topping, cracking, and lube oil manufacturing processes. The provisions of this subpart are not applicable, however, to facilities that include the processes specified in subparts C and E of this part.

§ 419.41 - Specialized definitions.

The general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter and the specialized definitions set forth in § 419.11 shall apply to this subpart.

§ 419.42 - Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).

(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT):

Pollutant or pollutant property BPT effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per 1,000 m 3 of feedstock)
BOD 550.625.8
TSS35.622.7
COD 1360.0187.0
Oil and grease16.28.5
Phenolic compounds0.380.184
Ammonia as N23.410.6
Sulfide0.330.150
Total chromium0.770.45
Hexavalent chromium0.0680.030
pH( 2)( 2)
English units (pounds per 1,000 bbl of feedstock)
BOD517.99.1
TSS12.58.0
COD 1127.066.0
Oil and grease5.73.0
Phenolic compounds0.1330.065
Ammonia as N8.33.8
Sulfide0.1180.053
Total chromium0.2730.160
Hexavalent chromium0.0240.011
pH( 2)( 2)

1 See footnote following table in § 419.13(d).

2 Within the range of 6.0 to 9.0.

(b) The limits set forth in paragraph (a) of this section are to be multiplied by the following factors to calculate the maximum for any one day and maximum average of daily values for thirty consecutive days.

(1) Size factor.

1,000 bbl of feedstock per stream day Size factor
Less than 49.90.71
50.0 to 74.90.74
75.0 to 99.90.81
100.0 to 124.90.88
125.0 to 149.90.97
150.0 to 174.91.05
175.0 to 199.91.14
200.0 or greater1.19

(2) Process factor.

Process configuration Process factor
Less than 6.490.81
6.5 to 7.490.88
7.5 to 7.991.00
8.0 to 8.491.09
8.5 to 8.991.19
9.0 to 9.491.29
9.5 to 9.991.41
10.0 to 10.491.53
10.5 to 10.991.67
11.0 to 11.491.82
11.5 to 11.991.98
12.0 to 12.492.15
12.5 to 12.992.34
13.0 or greater2.44

(3) Example of the application of the above factors. Example—Lube refinery 125, 000 bbl per stream day throughput.

Calculation of the Process Configuration

Process category Process included Weighting factor
CrudeAtm crude distillation
Vacuum, crude distillation
Desalting
1
Cracking and cokingFluid cat. cracking
Vis-breaking
Thermal cracking
Moving bed cat. cracking
Hydrocracking
Fluid coking
Delayed coking
6
LubeFurther defined in the development document13
AsphaltAsphalt production
Asphalt oxidation
Asphalt emulsifying
12
Process Capacity (1,000 bbl per stream day) Capacity relative to throughput Weighting Factor Processing configuration
Crude:
Atm125.01.0
Vacuum60.00.48
Desalting125.01.0
Total2.48 × 1 = 2.48
Cracking-FCC41.00.328
Hydrocracking20.00.160
Total0.488 × 6 = 2.93
Lubes5.30.042
4.00.032
4.90.039
Total0.113 × 13 = 1.47
Asphalt4.00.032 × 12= .38
Refinery process configuration = 7.26

Notes:

See table § 419.42(b)(2) for process factor. Process factor = 0.88.

See table § 419.42(b)(1) for size factor for 125,000 bbl per stream day lube refinery. Size factor = 0.97.

To calculate the limits for each parameter, multiply the limit § 419.42(a) by both the process factor and size factor. BOD5 limit (maximum for any 1 day) = 17.9 × 0.88 × 0.97 = 15.3 lb. per 1,000 bbl of feedstock.

(c) The provisions of § 419.12(c) apply to discharges of process wastewater pollutants attributable to ballast water by a point source subject to the provisions of this subpart.

(d) The quantity and quality of pollutants or pollutant properties controlled by this paragraph, attributable to once-through cooling water, are excluded from the discharge allowed by paragraph (b) of this section. Once-through cooling water may be discharged with a total organic carbon concentration not to exceed 5 mg/l.

(e) Effluent limitations for contaminated runoff. The following effluent limitations constitute the quantity and quality of pollutants or pollutant properties controlled by this paragraph and attributable to contaminated runoff, which may be discharged after the application of the best practicable control technology currently available by a point source subject to this subpart.

(1) If wastewater consists solely of contaminated runoff and is not commingled or treated with process wastewater, it may be discharged if it does not exceed 15 mg/l oil and grease and 110 mg/l total organic carbon (TOC) based upon an analysis of any single grab or composite sample.

(2) If contaminated runoff is commingled or treated with process wastewater, or if wastewater consisting solely of contaminated runoff which exceeds 15 mg/l oil and grease or 110 mg/l TOC is not commingled or treated with any other type of wastewater, the quantity of pollutants discharged shall not exceed the quantity determined by multiplying the flow of contaminated runoff as determined by the permit writer times the concentrations listed in the following table:

Pollutant or pollutant property BPT effluent limitations for contaminated runoff
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per 1,000 m 3 of flow)
BOD548.26.
TSS33.21.
COD 1360.180.
Oil and grease15.8.
Phenolic compounds (4AAP)0.350.17
Total chromium0.730.43
Hexavalent chromium0.0620.028
pH( 2)( 2)
English units (pounds per 1,000 gallons of flow)
BOD50.400.22
TSS0.280.18
COD 13.01.5
Oil and grease0.130.067
Phenolic compounds (4AAP)0.00290.0014
Total chromium0.00600.0035
Hexavalent chromium0.000520.00023
pH( 2)( 2)

1 In any case in which the applicant can demonstrate that the chloride ion concentration in the effluent exceeds 1,000 mg/l (1,000 ppm), the permitting authority may substitute TOC as a parameter in lieu of COD. A TOC effluent limitation shall be based on effluent data from the particular refinery which correlates TOC to BOD5. If in the judgment of the permitting authority, adequate correlation data are not available, the effluent limitations for TOC shall be established at a ratio of 2.2 to 1 to the applicable effluent limitations for BOD5.

2 Within the range of 6.0 to 9.0.

[47 FR 46446, Oct. 18, 1982, as amended at 50 FR 28522, 28523, July 12, 1985; 50 FR 32414, Aug. 12, 1985]
§ 419.43 - Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).

(a) Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):

Pollutant or pollutant property BAT effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per
COD 1360.0187.0
Ammonia as N23.410.6
Sulfide0.330.150
English units (pounds per 1,000 bbl of feedstock)
COD 1127.066.0
Ammonia as N8.33.8
Sulfide0.1180.053

1 See footnote following table in § 419.13(d).

(b) The limits set forth in paragraph (a) of this section are to be multiplied by the following factors to calculate the maximum for any one day and maximum average of daily values for thirty consecutive days.

(1) Size factor.

1,000 bbl of feedstock per stream day Size factor
Less than 49.90.71
50.0 to 74.90.74
75.0 to 99.90.81
100.0 to 124.90.88
125.0 to 149.90.97
150.0 to 174.91.05
175.0 to 199.91.14
200.0 or greater1.19

(2) Process factor.

Process configuration Process factor
Less than 6.490.81
6.5 to 7.490.88
7.5 to 7.991.00
8.0 to 8.491.09
8.5 to 8.991.19
9.0 to 9.491.29
9.5 to 9.991.41
10.0 to 10.491.53
10.5 to 10.991.67
11.0 to 11.491.82
11.5 to 11.991.98
12.0 to 12.492.15
12.5 to 12.992.34
13.0 or greater2.44

(3) See the comprehensive example in subpart D, § 419.42(b)(3).

(c)(1) In addition to the provisions contained above pertaining to COD, ammonia and sulfide, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):

(i) For each of the regulated pollutant parameters listed below, the effluent limitation for a given refinery is the sum of the products of each effluent limitation factor times the applicable process feedstock rate, calculated as provided in 40 CFR 122.45(b). Applicable production processes are presented in appendix A, by process type. The process identification numbers presented in this appendix A are for the convenience of the reader. They can be cross-referenced in the Development Document for Effluent Limitations Guidelines, New Source Performance Standards, and Pretreatment Standards for the Petroleum Refining Point Source Category (EPA 440/1-82/014), Table III-7, pp. 49-54.

Pollutant or pollutant property and process type BAT effluent limitation factor
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per 1,000 m 3 of feedstock)
Phenolic compounds (4AAP):
Crude0.0370.009
Cracking and coking0.4190.102
Asphalt0.2260.055
Lube1.0550.257
Reforming and alkylation0.3770.092
Total chromium:
Crude0.0300.011
Cracking and coking0.3400.118
Asphalt0.1830.064
Lube0.8550.297
Reforming and alkylation0.3050.106
Hexavalent chromium:
Crude0.00190.0009
Cracking and coking0.02180.0098
Asphalt0.01170.0053
Lube0.05490.0248
Reforming and alkylation0.01960.0088
English units (pounds per 1,000 bbl of feedstock)
Phenolic compounds (4AAP):
Crude0.0130.003
Cracking and coking0.1470.036
Asphalt0.0790.019
Lube0.3690.090
Reforming and alkylation0.1320.032
Total chromium:
Crude0.0110.004
Cracking and coking0.1190.041
Asphalt0.0640.022
Lube0.2990.104
Reforming and alkylation0.1070.037
Hexavalent chromium:
Crude0.00070.0003
Cracking and coking0.00760.0034
Asphalt0.00410.0019
Lube0.01920.0087
Reforming and alkylation0.00690.0031

(2) Example Application of Effluent Limitations Guidelines as Applicable to Phenolic Compounds, Hexavalent Chromium, and Total Chromium.

The following example presents the derivation of a BAT phenolic compound (4AAP) effluent limitation (30-day average) for a petroleum refinery permit. The methodology is also applicable to hexavalent chromium and total chromium.
Refinery process Process feedstock rate 1,000 bbl/day
1. Atmospheric crude distillation100
2. Crude desalting50
3. Vacuum crude distillation75
Total crude processes (C)225
6. Fluid catalytic cracking25
10. Hydrocracking20
Total cracking and coking processes (K)45
18. Asphalt production5
Total asphalt processes (A)5
21. Hydrofining3
Total lube processes (L)3
8. Catalytic reforming10
Total reforming and alkylation processes (R)10
Note:

30 day average effluent limitation for phenolic compounds (4AAP), lb/day = (0.003) (225) + (0.036) (45) + (0.019) (5) + (0.090) (3) + (0.032) (10) = 2.98 lb/day.

(d) The provisions of § 419.13(d) apply to discharges of process wastewater pollutants attributable to ballast water by a point source subject to the provisions of this subpart.

(e) The quantity and quality of pollutants or pollutant properties controlled by this paragraph, attributable to once-through cooling water, are excluded from the discharge allowed by paragraph (b) of this section. Once-through cooling water may be discharged with a total organic carbon concentration not to exceed 5 mg/l.

(f) Effluent limitations for contaminated runoff. The following effluent limitations constitute the quantity and quality of pollutants or pollutant properties controlled by this paragraph and attributable to contaminated runoff, which may be discharged after the application of the best available technology economically achievable by a point source subject to this subpart.

(1) If wastewater consists solely of contaminated runoff and is not commingled or treated with process wastewater, it may be discharged if it does not exceed 110 mg/l total organic carbon (TOC) based upon an analysis of any single grab or composite sample.

(2) If contaminated runoff is commingled or treated with process wastewater, or if wastewater consisting solely of contaminated runoff which exceeds 110 mg/l TOC is not commingled or treated with any other type of wastewater, the quantity of pollutants discharged shall not exceed the quantity determined by multiplying the flow of contaminated runoff as determined by the permit writer times the concentrations listed in the following table:

Pollutant or pollutant property BAT effluent limitations for contaminated runoff
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per 1,000 m 3 of flow)
Phenolic compounds (4AAP)0.350.17
Total chromium0.600.21
Hexavalent chromium0.0620.028
COD 1360.180.
English units (pounds per 1,000 gallons of flow)
Phenolic compounds (4AAP)0.00290.0014
Total chromium0.00500.0018
Hexavalent chromium0.000520.00023
COD 13.01.5

1 In any case in which the applicant can demonstrate that the chloride ion concentration in the effluent exceeds 1,000 mg/l (1,000 ppm), the permitting authority may substitute TOC as a parameter in lieu of COD. A TOC effluent limitation shall be based on effluent data from the particular refinery which correlates TOC to BOD5. If in the judgement of the permitting authority, adequate correlation data are not available, the effluent limitations for TOC shall be established at a ratio of 2.2 to 1 to the applicable effluent limitations for BOD5

[47 FR 46446, Oct. 18, 1982, as amended at 50 FR 28523, 28524, July 12, 1985; 50 FR 32414, Aug. 12, 1985]
§ 419.44 - Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT).

(a) Any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT):

Pollutant or pollutant property BCT effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per 1,000 m 3 of feedstock
BOD550.625.8
TSS35.622.7
Oil and Grease16.28.5
pH( 1)( 1)
English units (pounds per 1,000 bbl of feedstock)
BOD517.99.1
TSS12.58.0
Oil and Grease5.73.0
pH( 1)( 1)

1 Within the range of 6.0 to 9.0.

(b) The limits set forth in paragraph (a) of this section are to be multiplied by the following factors to calculate the maximum for any one day and maximum average of daily values for thirty consecutive days.

(1) Size factor.

1,000 bbl of feedstock per stream day Size factor
Less than 49.90.71
50.0 to 74.90.74
75.0 to 99.90.81
100.0 to 124.90.88
125.0 to 149.90.97
150.0 to 174.91.05
175.0 to 199.91.14
200.0 or greater1.19

(2) Process factor.

Process configuration Process factor
Less than 6.490.81
6.5 to 7.490.88
7.5 to 7.991.00
8.0 to 8.491.09
8.5 to 8.991.19
9.0 to 9.491.29
9.5 to 9.991.41
10.0 to 10.491.53
10.5 to 10.991.67
11.0 to 11.491.82
11.5 to 11.991.98
12.0 to 12.492.15
12.5 to 12.992.34
13.0 or greater2.44

(c) The provisions of § 419.14(c) apply to discharges of process wastewater pollutants attributable to ballast water by a point source subject to the provisions of this subpart.

(d) The quantity and quality of pollutants or pollutant properties controlled by this paragraph, attributable to once-through cooling water, are excluded from the discharge allowed by paragraph (b) of this section.

(e) Effluent limitations for contaminated runoff. The following effluent limitations constitute the quantity and quality of pollutants or pollutant properties controlled by this paragraph and attributable to contaminated runoff which may be discharged after the application of the best conventional pollutant control technology by a point source subject to this subpart.

(1) If wastewater consists solely of contaminated runoff and is not commingled or treated with process wastewater, it may be discharged if it does not exceed 15 mg/l oil and grease based upon an analysis of any single grab or composite sample.

(2) If contaminated runoff is commingled or treated with process wastewater, or if wastewater consisting solely of contaminated runoff which exceeds 15 mg/l oil and grease is not commingled or treated with any other type of wastewater, the quantity of pollutants discharged shall not exceed the quantity determined by multiplying the flow of contaminated runoff as determined by the permit writer times the concentrations listed in the following table:

Pollutant or pollutant property BCT effluent limitations for contaminated runoff
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric unit (kilograms per 1,000 m 3 of flow)
BOD548.26.
TSS33.21.
Oil and grease15.8.
pH( 1)( 1)
English units (pounds per 1,000 gallons of flow)
BOD50.400.22
TSS0.280.18
Oil and grease0.130.067
pH( 1)( 1)

1 Within the range of 6.0 to 9.0.

[50 FR 28526, July 12, 1985]
§ 419.45 - Pretreatment standards for existing sources (PSES).

Except as provided in 40 CFR 403.7 and 403.13 any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES). The following standards apply to the total refinery flow contribution to the POTW:

Pollutant or pollutant property Pretreatment standards for existing sources—maximum for any 1 day
Milligrams per liter (mg/l)
Oil and grease100
Ammonia (as N) 1 100

1 Where the discharge to the POTW consists solely of sour waters, the owner or operator has the option of complying with this limit or the daily maximum mass limitation for ammonia set forth in § 419.43 (a) and (b).

§ 419.46 - Standards of performance for new sources (NSPS).

(a) Any new source subject to this subpart must achieve the following new source performance standards (NSPS):

Pollutant or pollutant property NSPS effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days shall not exceed
Metric units (kilograms per 1,000 m 3 of feedstock)
BOD534.618.4
TSS23.414.9
COD 1245.0126.0
Oil and grease10.55.6
Phenolic compounds0.250.12
Ammonia as N23.410.7
Sulfide0.2200.10
Total chromium0.520.31
Hexavalent chromium0.0460.021
pH( 2)( 2)
English units (pounds per 1,000 bbl of feedstock)
BOD 112.26.5
TSS8.35.3
COD 187.045.0
Oil and grease3.82.0
Phenolic compounds0.0880.043
Ammonia as N8.33.8
Sulfide0.0780.035
Total chromium0.1800.105
Hexavalent chromium0.0220.0072
pH( 2)( 2)

1 See footnote following table in § 419.13(d).

2 Within the range 6.0 to 9.0.

(b) The limits set forth in paragraph (a) of this section are to be multiplied by the following factors to calculate the maximum for any one day and maximum average of daily values for thirty consecutive days.

(1) Size factor.

1,000 bbl of feedstock per stream day Size factor
Less than 49.90.71
50.0 to 74.90.74
75.0 to 99.90.81
100.0 to 124.90.88
125.0 to 149.90.97
150.0 to 174.91.05
175.0 to 199.91.14
200.0 or greater1.19

(2) Process factor.

Process configuration Process factor
Less than 6.490.81
6.5 to 7.490.88
7.5 to 7.991.00
8.0 to 8.491.09
8.5 to 8.991.19
9.0 to 9.491.29
9.5 to 9.991.41
10.0 to 10.491.53
10.5 to 10.991.67
11.0 to 11.491.82
11.5 to 11.991.98
12.0 to 12.492.15
12.5 to 12.992.34
13.0 or greater2.44

(3) See the comprehensive example in subpart D, § 419.42(b)(3).

(c) The provisions of § 419.16(c) apply to discharges of process wastewater pollutants attributable to ballast water by a point source subject to the provision of this subpart.

(d) The quantity and quality of pollutants or pollutant properties controlled by this paragraph, attributable to once-through cooling water, are excluded from the discharge allowed by paragraph (b) of this section. Once-through cooling water may be discharged with a total organic carbon concentration not to exceed 5 mg/1.

(e) Effluent Limitations for Runoff. [Reserved]

[47 FR 46446, Oct. 18, 1982, as amended at 50 FR 28523, 28528, July 12, 1985; 50 FR 32414, Aug. 12, 1985]
§ 419.47 - Pretreatment standards for new sources (PSNS).

Except as provided in 40 CFR 403.7, any new source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for new sources (PSNS).

(a) The following standards apply to the total refinery flow contribution to the POTW:

Pollutant or pollutant property Pretreatment standards for new sources, maximum for any 1 day
Milligrams per liter (mg/l)
Oil and grease100
Ammonia (as N) 1 100

1 Where the discharge to the POTW consists solely of sour waters, the owner or operator has the option of complying with this limit or the daily maximum mass limitation for ammonia set forth in § 419.46 (a) and (b).

(b) The following standard is applied to the cooling tower discharge part of the total refinery flow to the POTW by multiplying: (1) The standard; (2) by the total refinery flow to the POTW; and (3) by the ratio of the cooling tower discharge flow to the total refinery flow.

Pollutant or pollutant property Pretreatment standards for new sources, maximum for any 1 day
Milligrams per liter (mg/l)
Total chromium1
authority: Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 (b) and (c), and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311,1314,c,e,and, 1316 (b) andc, 1317 (b) andc,and; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217
source: 47 FR 46446, Oct. 18, 1982, unless otherwise noted.
cite as: 40 CFR 419.42