Regulations last checked for updates: Oct 17, 2024

Title 40 - Protection of Environment last revised: Oct 15, 2024
§ 437.10 - Applicability.

(a) Except as provided in § 437.1(b), (c), or (d) or in paragraph (b) of this section, this subpart applies to that portion of the discharge of wastewater from a CWT facility that results from the treatment of, or recovery of metals from, both metal-bearing wastes received from off-site and other CWT wastewater associated with the treatment of, or recovery of metal-bearing wastes.

(b) In order to ensure appropriate treatment rather than dilution of dissimilar wastes, an NPDES permit writer or control authority may require a new source or an existing facility subject to this subpart to achieve alternative effluent limitations and standards as defined in § 437.2(b) in the following circumstances:

(1) The facility receives, on a continuing basis, flows of process wastewater from five or fewer facilities subject to 40 CFR subchapter N limitations and standards; and

(2) The process wastewater flows received for treatment at the facility have relatively consistent pollutant profiles.

§ 437.11 - Effluent limitations 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 or § 437.10(b), any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BPT:

BPT Limitations

Regulated
parameter
Maximum daily 1 Maximum monthly avg. 1
Conventional Parameters
O&G20550.2
pH( 2)( 2)
TSS60.031.0
Metal Parameters
Antimony0.2490.206
Arsenic0.1620.104
Cadmium0.4740.0962
Chromium15.53.07
Cobalt0.1920.124
Copper4.141.06
Lead1.320.283
Mercury0.002340.000739
Nickel3.951.45
Silver0.1200.0351
Tin0.4090.120
Titanium0.09470.0618
Vanadium0.2180.0662
Zinc2.870.641

1 mg/L (ppm).

2 Within the range 6 to 9.

(b) The following in-plant limitations apply to metal-bearing wastewater containing cyanide:

In-Plant Limitations

Regulated
parameter
Maximum daily 1 Maximum monthly avg. 1
Cyanide500178

1 mg/L (ppm).

[65 FR 81300, Dec. 22, 2000, as amended at 68 FR 71023, Dec. 22, 2003]
§ 437.12 - Effluent limitations attainable by the application of the best conventional pollutant control technology (BCT).

Except as provided in 40 CFR 125.30 through 125.32 or § 437.10(b), any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BCT: Limitations for oil and grease, pH, and TSS are the same as the corresponding limitation specified in § 437.11(a).

§ 437.13 - Effluent limitations attainable by the application of the best available technology economically achievable (BAT).

(a) Except as provided in 40 CFR 125.30 through 125.32 or § 437.10(b), any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BAT: Limitations for antimony, arsenic, cadmium, chromium, cobalt, copper, lead, mercury, nickel, silver, tin, titanium, vanadium, and zinc are the same as the corresponding limitation specified in § 437.11(a).

(b) In-plant standards for cyanide are the same as the limitations specified in § 437.11(b).

[65 FR 81300, Dec. 22, 2000, as amended at 68 FR 71023, Dec. 22, 2003]
§ 437.14 - New source performance standards (NSPS).

(a) Except as provided in § 437.10(b), any new source subject to this subpart must achieve the following performance standards:

Performance Standards

Regulated
parameter
Maximum daily 1 Maximum monthly avg. 1
Conventional Parameters
O&G20550.2
pH( 2)( 2)
TSS29.611.3
Metal Parameters
Antimony0.1110.0312
Arsenic0.09930.0199
Cadmium0.7820.163
Chromium0.1670.0522
Cobalt0.1820.0703
Copper0.6590.216
Lead1.320.283
Mercury0.0006410.000246
Nickel0.7940.309
Selenium0.1760.0698
Silver0.03180.0122
Tin0.09550.0367
Titanium0.01590.00612
Vanadium0.06280.0518
Zinc0.6570.252

1 mg/L (ppm).

2 Within the range 6 to 9.

(b) In-plant standards for cyanide are the same as the limitations specified in § 437.11(b).

§ 437.15 - Pretreatment standards for existing sources (PSES).

(a) Except as provided in 40 CFR 403.7, 403.13 or § 437.10(b), and no later than December 22, 2003, any existing source subject to this subpart must achieve the following pretreatment standards: Standards for antimony, arsenic, cadmium, chromium, cobalt, copper, lead, mercury, nickel, silver, tin, titanium, vanadium, and zinc are the same as the corresponding limitation specified in § 437.11(a).

(b) In-plant standards for cyanide are the same as the limitations specified in § 437.11(b).

[65 FR 81300, Dec. 22, 2000, as amended at 68 FR 71023, Dec. 22, 2003]
§ 437.16 - Pretreatment standards for new sources (PSNS).

(a) Except as provided in 40 CFR 403.7 or § 437.10(b), any new source subject to this subpart must achieve the following pretreatment standards: Standards for antimony, arsenic, cadmium, chromium, cobalt, copper, lead, mercury, nickel, silver, tin, titanium, vanadium, and zinc are the same as the corresponding limitation specified in § 437.11(a)

(b) In-plant standards for cyanide are the same as the limitations specified in § 437.11(b).

[65 FR 81300, Dec. 22, 2000, as amended at 68 FR 71023, Dec. 22, 2003]
source: 65 FR 81300, Dec. 22, 2000, unless otherwise noted.
cite as: 40 CFR 437.15