---
kind: "section"
citation: "40 C.F.R. § 721.90"
title: "40"
number: "721.90"
heading: "Release to water."
url: "https://uscodex.org/cfr/40/721.90"
---

# §721.90. Release to water.


Whenever a substance is identified in subpart E of this part as being subject to this section, a significant new use of the substance is:

- (a) Any predictable or purposeful release of a manufacturing stream associated with any use of the substance, from any site:
  - (1) **Into the waters of the United States.**
  - (2) Into the waters of the United States without application of one or more of the following treatment technologies as specified in subpart E of this part either by the discharger or, in the case of a release through publicly-owned treatment works, by a combination of treatment by the discharger and the publicly-owned treatment works:
    - (i) **Chemical precipitation and settling.**
    - (ii) **Biological treatment (activated sludge or equivalent) plus clarification.**
    - (iii) **Steam stripping.**
    - (iv) **Resin or activated carbon adsorption.**
    - (v) **Chemical destruction or conversion.**
    - (vi) **Primary wastewater treatment.**
  - (3) Into the waters of the United States without primary wastewater treatment, and secondary wastewater treatment as defined in [40 CFR part 133](/cfr/40/part133.md).
  - (4) **Into the waters of the United States if the quotient from the following formula—**
- (b) Any predictable or purposeful release of a process stream containing the substance associated with any use of the substance from any site:
  - (1) **Into the waters of the United States.**
  - (2) Into the waters of the United States without application of one or more of the following treatment technologies as specified in subpart E of this part either by the discharger or, in the case of a release through publicly-owned treatment works, by a combination of treatment by the discharger and the publicly-owned treatment works:
    - (i) **Chemical precipitation and settling.**
    - (ii) **Biological treatment (activated sludge or equivalent) plus clarification.**
    - (iii) **Steam stripping.**
    - (iv) **Resin or activated carbon adsorption.**
    - (v) **Chemical destruction or conversion.**
    - (vi) **Primary wastewater treatment.**
  - (3) Into the waters of the United States without primary wastewater treatment, and secondary wastewater treatment as defined in [40 CFR part 133](/cfr/40/part133.md).
  - (4) **Into the waters of the United States if the quotient from the following formula—**
- (c) Any predictable or purposeful release of a use stream containing the substance associated with any use of the substance from any site:
  - (1) **Into the waters of the United States.**
  - (2) Into the waters of the United States without application of one or more of the following treatment technologies as specified in subpart E of this part either by the discharger or, in the case of a release through publicly-owned treatment works, by a combination of treatment by the discharger and the publicly-owned treatment works:
    - (i) **Chemical precipitation and settling.**
    - (ii) **Biological treatment (activated sludge or equivalent) plus clarification.**
    - (iii) **Steam stripping.**
    - (iv) **Resin or activated carbon adsorption.**
    - (v) **Chemical destruction or conversion.**
    - (vi) **Primary wastewater treatment.**
  - (3) Into the waters of the United States without primary wastewater treatment, and secondary wastewater treatment as defined in [40 CFR part 133](/cfr/40/part133.md).
  - (4) **Into the waters of the United States if the quotient from—**

## Notes

### Source

Source: 54 FR 31308, July 27, 1989, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 2604, 2607, and 2625(c).

### Source

Source: 49 FR 35018, Sept. 5, 1984, unless otherwise noted.