---
kind: "section"
citation: "40 C.F.R. § 439.17"
title: "40"
number: "439.17"
heading: "Pretreatment standards for new sources (PSNS)."
url: "https://uscodex.org/cfr/40/439.17"
---

# §439.17. Pretreatment standards for new sources (PSNS).


Except as provided in [40 CFR 403.7](/cfr/40/403.7.md), any new source subject to this subpart must achieve the same standards as specified in [§ 439.16](/cfr/40/439.16.md).

- (a) Sources that discharge to a POTW with nitrification capability (defined at [§ 439.2(i)](/cfr/40/439.2.md?p=i)) are not required to achieve the pretreatment standard for ammonia (as N).
- (b) **The pretreatment standards for cyanide are as follows—**
- (c) When monitoring for cyanide at the end-of-pipe is impractical because of dilution by other process wastewaters, compliance with the cyanide standards in [§ 439.17(b)](#b) must be demonstrated at in-plant monitoring points pursuant to 40 CFR [403.6(e)(2)](/cfr/40/403.6.md?p=e-2) and [(4)](/cfr/40/403.6.md?p=e-4). Under the same provisions, the permitting authority may impose monitoring requirements on internal wastestreams for any other parameter(s) regulated by this section.
- (d) Compliance with the standards in paragraph [(b)](#b) or [(c)](#c) of this section may be achieved by certifying to the permit issuing authority that a facility's manufacturing processes neither use nor generate cyanide.

## Notes

### Amendments

[63 FR 50429, Sept. 21, 1998; 64 FR 10393, Mar. 4, 1999; 64 FR 48104, Sept. 2, 1999, as amended at 68 FR 34832, June 11, 2003]

### Authority

Authority: 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342 and 1361.

### Source

Source: 48 FR 49821, Oct. 27, 1983, unless otherwise noted.

### Amendments

[63 FR 50429, Sept. 21, 1998; 64 FR 10393, Mar. 4, 1999; 64 FR 48104, Sept. 2, 1999, as amended at 68 FR 34832, June 11, 2003]