---
kind: "section"
citation: "40 C.F.R. § 455.40"
title: "40"
number: "455.40"
heading: "Applicability; description of the pesticide formulating, packaging and repackaging subcategory."
url: "https://uscodex.org/cfr/40/455.40"
---

# §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)](#b), [(c)](#c), [(d)](#d), [(e)](#e) and [(f)](#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](/cfr/40/455.60.md).
- (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 non-continuous 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](/cfr/40/455.10.md).
- (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](/cfr/40/201.md) of the Federal Food, Drug and Cosmetic Act and in [Section 2(u)](/cfr/40/2.md?p=u) of the Federal Insecticide, Fungicide and Rodenticide Act.

## Notes

### Amendments

[61 FR 57549, Nov. 6, 1996]

### Authority

Authority: Secs. 301, 304, 306, 307, and 501, Pub. L. 92-500, 86 Stat. 816, Pub. L. 95-217, 91 Stat. 156, and Pub. L. 100-4 (33 U.S.C. 1311, 1314, 1316, 1317, and 1361).

### Source

Source: 43 FR 17776, Apr. 25, 1978, unless otherwise noted.

### Amendments

[61 FR 57549, Nov. 6, 1996]