40 C.F.R. § 413.14

Pretreatment standards for existing sources

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Except as provided in §§ 403.7 and 403.13 of this title, 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):

(a) No user introducing wastewater pollutants into a publicly owned treatment works under the provisions of this subpart shall augment the use of process wastewater or otherwise dilute the wastewater as a partial or total substitute for adequate treatment to achieve compliance with this standard.

(b) For a source discharging less than 38,000 liters (10,000 gal.) per calendar day of electroplating process wastewater the following limitations shall apply:

Subpart A—Common Metals Facilities Discharging Less Than 38,000 Liters Per Day PSES Limitations (mg/l)
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 4 consecutive monitoring days shall not exceed
CN, A	5.0	2.7
Pb	.6	.4
Cd	1.2	.7

(c) For plants discharging 38,000 liters (10,000 gal) or more per calendar day of electroplating process wastewater the following limitations shall apply:

Subpart A—Common Metals Facilities Discharging 38,000 Liters or More Per Day PSES Limitations (mg/l)
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 4 consecutive monitoring days shall not exceed
CN, T	1.9	1.0
Cu	4.5	2.7
Ni	4.1	2.6
Cr	7.0	4.0
Zn	4.2	2.6
Pb	.6	.4
Cd	1.2	.7
Total metals	10.5	6.8

(d) Alternatively, the following mass-based standards are equivalent to and may be applied in place of those limitations specified under paragraph (c) of this section upon prior agreement between a source subject to these standards and the publicly owned treatment works receiving such regulated wastes:

Subpart A—Common Metals Facilities Discharging 38,000 Liters or More Per Day PSES Limitations (mg/sq m-Operation)
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 4 consecutive monitoring days shall not exceed
CN, T	74	39
Cu	176	105
Ni	160	100
Cr	273	156
Zn	164	102
Pb	23	16
Cd	47	29
Total metals	410	267

(e) For wastewater sources regulated under paragraph (c) of this section, the following optional control program may be elected by the source introducing treated process wastewater into a publicly owned treatment works with the concurrence of the control authority. These optional pollutant parameters are not eligible for allowance for removal achieved by the publicly owned treatment works under 40 CFR 403.7. In the absence of strong chelating agents, after reduction of hexavalent chromium wastes, and after neutralization using calcium oxide (or hydroxide) the following limitations shall apply:

Subpart A—Common Metals Facilities Discharging 38,000 Liters or More Per Day PSES Limitations (mg/l)
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 4 consecutive monitoring days shall not exceed
CN, T	1.9	1.0
Pb	.6	.4
Cd	1.2	.7
TSS	20.0	13.4
pH	¹	¹
¹ Within the range 7.5 to 10.0.

(f) In addition to paragraphs (a) and (b) the following limitation shall apply for plants discharging less than 38,000 l (10,000 gal) per calendar day of electroplating process wastewater:

Pollutant or pollutant property	Maximum for any 1 day
	Milligrams per liter (mg/l)
TTO	4.57

(g) In addition to paragraphs (a), (c), (d), and (e) the following limitation shall apply for plants discharging 38,000 1 (10,000 gal) or more per calendar day of electroplating process wastewater:

Pollutant or pollutant property	Maximum for any 1 day
	Milligrams per liter (mg/l)
TTO	2.13

(h) In addition to paragraphs (a), (b), (c), (d), (e), (f), and (g) the following shall apply: An existing source submitting a certification in lieu of monitoring pursuant to § 413.03 of this regulation must implement the toxic organic management plan approved by the control authority.

(Secs. 301, 304, 306, 307, 308, and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et. seq., as amended by the Clean Water Act of 1977, Pub. L. 95-217)) [46 FR 9467, Jan. 28, 1981; 46 FR 30626, June 10, 1981, as amended at 48 FR 32483, July 15, 1983; 48 FR 43681, Sept. 26, 1983]

Notes of Decisions

Cited in 3 cases, 1983–1996 · leading case: Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Amerace Corp., 740 F. Supp. 1072 (D.N.J. 1990).

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Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Amerace Corp., 740 F. Supp. 1072 (D.N.J. 1990). · cites it 2× “Specifically, plaintiffs seek summary judgment on the issue of Harvard’s liability for alleged violations of effluent discharge limitations promulgated by the Environmental Protection Agency (“EPA”), 40 C.F.R. §§ 413.14 , 433.15, and by the Joint Meeting of Essex and Union…”

Nat'l Ass'n of Metal Finishers v. Env't Prot. Agency, 719 F.2d 624 (3rd Cir. 1983). · cites it 2× “40 C.F.R. §§ 413.14 .-84 (1982). Electroplating sources discharging less than 10,000 gallons per day of electroplating process wastewater have to meet limits for only lead, cadmium and amenable cyanide.”

South Holland Metal Finishing Co. v. Carol Browner, Adm'r, United States Env't Prot. Agency, 97 F.3d 932 (7th Cir. 1996). “17 , or instead, as South Holland maintained, to the less stringent Electroplating Point Source Category (a pretreatment standard for “existing sources”), 40 C.F.R. § 413.14 . In September 1994, without having made a final determination, the Water District wrote to Region V of…”

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