Code of Federal Regulations Title 40. Protection of Environment § 40.455.40 Applicability;  description of the pesticide formulating, packaging and repackaging subcategory

(a) The provisions of this subpart are applicable to discharges resulting from all pesticide formulating, packaging and repackaging operations except as provided in paragraphs (b), (c), (d), (e) and (f) of this section.

(b) The provisions of this subpart do not apply to repackaging of agricultural pesticides performed at refilling establishments, as described in § 455.60.

(c) The provisions of this subpart do not apply to wastewater discharges from:  the operation of employee showers and laundry facilities;  the testing of fire protection equipment;  the testing and emergency operation of safety showers and eye washes;  storm water;  Department of Transportation (DOT) aerosol leak test bath water from noncontinuous overflow baths (batch baths) where no cans have burst from the time of the last water change-out;  and on-site laboratories from cleaning analytical equipment and glassware and rinsing the retain sample container (except for the initial rinse of the retain sample container which is considered a process wastewater source for this subpart).

(d) The provisions of this subpart do not apply to wastewater discharges from the formulation, packaging and/or repackaging of sanitizer products (including pool chemicals);  microorganisms;  inorganic wastewater treatment chemicals;  group 1 mixtures and group 2 mixtures, as defined under § 455.10.

(e) The provisions of this subpart do not apply to wastewater discharges from the development of new formulations of pesticide products and the associated efficacy and field testing at on-site or stand-alone research and development laboratories where the resulting pesticide product is not produced for sale.

(f) The provisions of this subpart do not apply to wastewater discharges from the formulation, packaging and/or repackaging of liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in Section 201 of the Federal Food, Drug and Cosmetic Act and in Section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act.