Regulations last checked for updates: May 17, 2024

Title 40 - Protection of Environment last revised: May 15, 2024
§ 419.33 - 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 techology 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 1,000 m 3 of feedstock)
COD 1210.0109.0
Ammonia as N23.410.6
Sulfide0.220.099
English units (pounds per 1,000 bbl of feedstock)
COD 174.038.4
Ammonia as N8.253.8
Sulfide0.0780.035

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 24.90.73
25.0 to 49.90.76
50.0 to 74.90.83
75.0 to 99.90.91
100.0 to 124.90.99
125.0 to 149.91.08
150.0 or greater1.13

(2) Process factor.

Process configuration Process factor
Less than 4.490.73
4.5 to 5.490.80
5.5 to 5.990.91
6.0 to 6.490.99
6.5 to 6.991.08
7.0 to 7.491.17
7.5 to 7.991.28
8.0 to 8.491.39
8.5 to 8.991.51
9.0 to 9.491.65
9.5 or greater1.72

(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 cubic meters 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) See the comprehensive example in subpart D, § 419.43(c)(2).

(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, July 12, 1985; 50 FR 32414, Aug. 12, 1985]
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 419.33