United States
          Environmental Protection
          Agency
            Industrial Technology
            Division
            WH-552
            Washington, DC 20460
                                   June 1985
EFtt
Guide for the
Application of Effluent
Limitations
for the
          Petroleum Refining Industry

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        GUIDE FOR THE APPLICATION

                   OF

     EFFLUENT LIMITATIONS GUIDELINES

                 FOR THE

PETROLEUM REFINING POINT SOURCE CATEGORY
  U.S. Environmental Protection Agency
Office of Water Regulations and Standards
     Industrial Technology Division
         Washington, D.C.  20460
                  June 1935

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                           FOREWARD


     The purpose of this document is to provide a consolidated
source for current effluent limitation guidelines (ELG)  for
the petroleum refining industry as of June 1985 and to explain
the present status and applicability of the Best Available
Technology (BAT) and Best Conventional Technology (BCT).levels
of control for direct discharging petroleum refineries.} Its
use will hopefully provide for uniform application of"The
petroleum refining ELG's in the manner intended and supported
by the record.

     The final BAT and BCT regulations that were promulgated
in June 1985 are dependent upon a series of rulemaking
processes that commenced with the promulgation of Best
Practicable Technology (BPT) in 1974.  The procedures for
applying the petroleum refining regulations for calculation
of water discharge permit limitations is somewhat involved
compared to the ELG's for other industries.  The procedure
has become more intricate with the final promulgation of BCT,
revised BAT, and effluent limitations for storm water runoff
in June 1985.

     This document is structured to guide the permit writer
and permit applicant through the procedure to identify infor-
mation needs (e.g., production data, refining processes,
physical plant layout, precipitation data) and perform the
appropriate calculations to determine permit effluent
limitations (e.g., process wastewater, storm water runoff,
ballast water, non-contact cooling water).

     The main body of the document is of a "cookbook" format
for applying the ELG and, as such, does not present information
pertaining to the development or underlying basis for the
final regulations.  Should the user require such information,
the appendices of this document contain a copy of each petroleum
regulation preamble for referencing background material.  If
more detailed background or supporting material (e.g., plant
data, treatability information, process information) is
required, the user may contact the Industrial Technology
Division for technical assistance and access to the official
rulemaking records.

     Because the complete set of currently applicable regula-
tions were issued in a piecemeal fashion, a comprehensive
listing does not appear in the Federal Register.  The annual
edition of the Code of Federal Regulati ons, beginning
with the July 1986 edition, will contain such a listing  for
petroleum refining codified at 40 CFR Part 419.  For convenience
to the user, an unofficial version of the listing is included
in Section 2 of this document.
                              11

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     In addition to the rulemaking records, there are two
technical  development documents supporting the regulations:

     Development Document for Effluent Limitations Guidelines
     and New Source Performance Standards for the Petroleum
     Refining Point Source Category.  EPA 440/1-74-014-a,
     April  1974.(BAT, NSPS)

     Development Document for Effluent Limitations Guidelines,
     New Source Performance Standards, and Pretreatment
     Ttandards for the Petroleum Refining Point Source Category,
     EPA 440/1-82-014, October 1982.   ("BAT)
                             ill

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                            CONTENTS
Section
           FOREWORD    .........

           CONTENTS    	

           NPDES PERMIT WRITERS WORKSHOP MATERIAL  .

                Petroleum Refining Industry.
                Prior Regulations and Court Activity
                Example Permit Calculations for Process
                     Wastewater.   ......
                Process Groupings Included in 1974 Flow
                     Model ........
                Process Groupings Included in 1979 Flow
                     Model ........
                Example Permit Calculations for Ballast
                     and Once-Through Cooling Water.
                Storm Water Runoff Limitations .

           AMENDED REGULATIONS, 40 CFR PART'419.
                Authority
                Subpar-t A -
                    419.10
                    419.11
                    419.12
                    419.13
                    419.14
                    419.15
                    419.16
                    419.17
                Subpart B -
                    419.20
                    419.21
                    419.22
                    419.23
                    419.24
                    419.25
                    419.26
                    419.27
                Subpart C -
                    419.30
                    419.31
                    419.32
                    419.33
                    419.34
                    419.35
                    419.36
                    419.37
Topping Subcategory.
Applicability
Specialized definitions.
DC I. m   »   •    •    •   •
D A X •   •   •    •    •   •
PSES   •   •   •   •   •
NSPS   .....
PSNS   .....
Cracking Subcategory
Applicability
Specialized definitions.
£3 A X •   •   •   •   •   •
D\HI> X •   •   •   •   •   •
PSES   •   •   •   •   •
NSPS   .....
PSNS   .....
Petrochemical Subcategory
Applicability
Specialized definitions.
D IT X •   •   •   •   •   •
0 A X •   •   •   •   •   •
D^B* X •   •   •   •   •   •
PSES   •   •   •   •   •
NSPS   .....
PSNS   .....
                                2
                                3
19

20

21
22

43

43
44
44
44
44
48
53
57
58
60
62
62
62
62
65
69
72
73
74
76
76
76
76
79
83
86
87
88
                                iv

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                       CONTENTS (continued)
Section

   2
AMENDED REGULATIONS, 40 CFR PART 419 (contd.)
Appendix

   A
                Subpart D
                    419.40
                    419.41
                    419.42
                    419.43
                    419.44
                    419.45
                    419.46
                    419.47
                 Lube Subcategory
                 Applicability
                 Specialized definitions.
                 BPT......
                 DnA.   .   .   .   .   .
                 Dki» >L .   .   .   .   .   .
                 PSES   .....
                 NSPS	
                 PSNS	
     Subpart E - Integrated Subcategory .
         419.50  Applicability
         419.51  Specialized definitions.
         419.52  BPT	
         419.53  BAT	
         419.54  BCT	
         419.55  PSES   	
         419.56  NSPS   	
         419.57  PSNS   	
     Regulation Appendix A - Processes
          Included in the Determination of
          BAT Effluent Limitations for
          Total Chromium, Hexavalent
          Chromium, and Phenolic Compounds
          (4AAP)        	
                                                90
                                                90
                                                90
                                                90
                                                94
                                                99
                                               101
                                               102
                                               104
                                               106
                                               106
                                               106
                                               106
                                               109
                                               113
                                               116
                                               117
                                               118
                                                          120
                                               121
PRODUCTION-BASED EFFLUENT LIMITATIONS
     Memorandum from J. William Jordan,
          Chief, NPDES Technical Support
          Branch, U.S. EPA to Regional Permits
          Branch Chiefs, Re:  Calculation of
          Production-Based Effluent Limits,
          December 18, 1984	122
     40 CFR 122.45(b)	126
   B
EXAMPLE NPDES PERMIT LIMITATIONS FOR
HYPOTHETICAL LUBE OIL REFINERY  .
                                                          127
                                  v

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                         CONTENTS (continued)

Appendix

   C       FEDERAL REGISTER NOTICES	
                30 FR 16560, May 9, 1974,  Final BPT.
                40 FR 21939, May 20,  1975,  BPT Amendments
                44 FR 75926, December 21,  1979,
                     Proposed BAT,  NSPS,  PSES, PSNS.    .    164
                47 FR 46434, October 18,  1982, Final
                     BAT, NSPS,  PSES, PSNS  ....    189
                49 FR 34152, August 28,  1984,  Proposed  BAT
                     Amendments, BCT, Storm Water  Runoff
                     Limitations   ......    214
                50 FR 28516, July 12, 1985, Final  BAT
                     Amendments, BCT, Storm Water  Runoff
                     Limitations   ......    226
                               VI

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                            SECTION  1

             NPDES PERMIT WRITERS  WORKSHOP  MATERIAL
In an effort to provide guidance  on  the  application of the recent
amendments to the BAT/BCT  effluent  limitations guidelines for the
petroleum refining point source  category,  the Agency's Industrial
Technology Division participated  in  the  EPA NPDES Permit Writers
Workshops held in San  Francisco/  California and Dallas, Texas
during November and December  1984.   Representatives from EPA
regional offices, state offices,  and local  regulatory authorities
were presented with the material  that follows in this section.

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          PETROLEUM  REFINING INDUSTRY
t SIC Code 2911

• 220 Operating Refineries in 1984

t Crude Capacities Range From 400 to 525,000 Barrels Per Day

• Industry Uses About  150 Unique  Processes

• 5 Subcategories:
  A - Topping
  B - Cracking
  C - Petrochemical
  D - Lube
  E - Integrated

• Texas, California and Louisiana Are  Highest Producing States

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PRIOR REGULATIONS  & COURT ACTIVITY
      •  May 9, 1974 Promulgation
         - BPT, BAT, NSPS, PSNS
      t  May 20,  1975
         - Amendments to BPT Published
      •  August 11, 1976 Court Decision
         - BPT and NSPS Upheld  (Except
           Storm Water Runoff Remanded)
         - BAT Remanded in Entirety
      •  March 23, 1977 Promulgation
         - Interim Final PSES

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PRIOR REGULATIONS  &  COURT ACTIVITY
               (Continued)
      •  October  18, 1982 Promulgation
         - BAT, PSES,  PSNS
      •  January 27, 1983 Court Suit by NRDC
         - BAT
      t  April  17, 1984 Settlement Agreement
         - EPA, NRDC, API, 7 Oil  Companies
         - More Stringent  BAT
         - BCT
         - Storm Water Runoff
      •  August 28, 1984 Proposal
         - Settlement Agreement Terms

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REGULATION COVERAGE
   Process Wostewoter
         BAT
Pollutant
Ammonia
COD
Suffide
Phenolics
Tot Chrom.
Hex. Chrom.
Technology Basis
Biological Treatment
Ol4kl«MMtfMl T«ULJltnn_KM4
Bioiogicai ireauneni
Biological Treatment
Flow Red., Bio. Trrnt
Row Red., Bio. Trrnt
Row Red., Bio. Trrnt
Permit Calculations
1974 Row Model
1974 Row Model
1974 Row Model
1979 Row Model
1979 Row Model
1979 Row Model
BCT
Pollutant
BODS
Oil & Grease
TSS
pH
Technology Basis
Biological Treatment
Bio. Trmt, Polishing
Bib. Trmt, Polishing
Neutralization
Permit Calculations
1974 Row Model
1974 Row Model
1974 Row Model


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                      REGULATION COVERAGE
                             Ballast Water
                                 BAT
        Pollutant
  Technology Basis
 Permit Calculations
COD
  Heat, Settle, Fitter
and/or Bleed to Proc.
Waste Water Trmt Sys
Row x Concentration
                                 BCT
Pollutant
BODS
Oil & Grease
TSS
pH
Technology Basis
Same
As
For
BAT
Permit Calculations
Row x Concentration
Row x Concentration
Row x Concentration


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REGULATION COVERAGE
Once-Through Cooling Water

Pollutant
Total
Organic
Carbon


Pollutant

BAT
Technology Basis
No Leakage, etc.
Into
Cooling Water System
Permit Calculations
Concentration (Net)
BCT
Technology Basis Permit Calculations
No Limitations


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                      REGULATION COVERAGE
                   Contaminated Storm  Water Runoff
                                BAT
Pollutant
COO
Phenolics
Tot Chrom.
Hex. Chrom.
Technology Basis
Treat with Proc. W.W.
Treat with Proc. W.W.
Treat with Proc. W.W.
Treat with Proc. W.W.
Permit Calculations
Flow x Concentration
Flow x Concentration
Flow x Concentration
Flow x Concentration
                                BCT
        Pollutant
Technology Basis
                       Permit Calculations
BODS
Oil & Grease
TSS
pH
Treat with  Proc. W.W.
Treat with  Proc. W.W.
Treat with  Proc. W.W.
    Neutralization
                    Row x Concentration
                    Row x Concentration
                    Row x Concentration
                                    8

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       EXAMPLE PERMIT CALCULATIONS
 BAT/BCT  LIMITS  FOR PROCESS WASTEWATER
• For All BCT Parameters
        LIMIT = EFFLUENT LIMITATION FACTOR
               X SIZE FACTOR
               X PROCESS FACTOR
              X REFINERY FEEDSTOCK RATE
• For the BAT Parameters:
  Ammonia, Sulfide and COD
        LIMIT - EFFLUENT LIMITATION FACTOR
               X SIZE FACTOR
              X PROCESS FACTOR
              X REFINERY FEEDSTOCK RATE

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           EXAMPLE PERMIT CALCULATIONS
     BAT/BCT LIMITS  FOR  PROCESS  WASTEWATER
• For The BAT Parameters:
  Phenolic Compounds, Tot. Chromium and Hex. Chromium
     LIMIT = CRUDE PROCESS ALLOCATION
           + CRACKING AND COKING PROCESS ALLOCATION
           + ASPHALT PROCESS ALLOCATION
           + LUBE PROCESS ALLOCATION
           + REFORMING AND ALKYLAT10N PROCESS ALLOCATION
 t EACH PROCESS CATEGORY ALLOCATION IS BASED ON THE TOTAL
   FEEDSTOCK RATE FOR THE PROCESSES UTILIZED TIMES A PROCESS
   SPECIFIC EFFLUENT LIMITATION FACTOR
                            10

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       EXAMPLE PERMIT CALCULATIONS
      HYPOTHETICAL LUBE OIL REFINERY
Processes
Utilized
CRUDE:

Atm. Dist

Vcc. Dist.
Desalting

CRACKING
and COKING:
FCC
Hydrocracking

LUBE:
Lube Hydrofining
Furfural Exir.
Phenol Extrac.
ASPHALT:
Asphalt Prod.
Process Feedstock Rate *
(1000 Bbls/Day)

125

60
125



41
20


5.3
4.0
4.9

4.0


USE SUM

TO
• \&
DETERMINE
HIGH YEAfl




USE SAME

YEAR'S DATA
AS ABOVE



CALCULATED AS PER 40 CFR 12Z45(b)(2)
THIS SINGLE VALUE TO BE USED FOR BOTH DAILY MAXIMUM AND
30-DAY AVERAGE CALCULATIONS

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              EXAMPLE PERMIT  CALCULATIONS
                   PROCESS  WASTEWATER
             HYPOTHETICAL LUBE OIL REFINERY
STEP 1: DETERMINE SIZE FACTOR

THE SEE FACTOR IS BASED ON THE REFINERY FEEDSTOCK RATE THE
REFINERY FEEDSTOCK RATE IS THE LARGEST OF ANY OF THE CRUDE
PROCESS FEEDSTOCK RATES. FOR THE EXAMPl£, THE REFINERY FEED-
STOCK RATE (IN 1000 BBLS/DAY) IS 125.

FROM THE SIZE FACTOR TABLE:
              1000 BBL OF FEEDSTOCK
               100.0 to 124.9
               125.0 to 149.9
               150.0 to 174.9
SIZE FACTOR
   0.88
   0.97
   1.05
THE VALUE 0.97 IS OBTAINED.
                               12

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                       EXAMPLE PERMIT CALCULATIONS
                           PROCESS WASTEWATER
                     HYPOTHETICAL LUBE OIL REFINERY
STEP 2i DETERMINE PROCESS FACTOR

THE PROCESS FACTOR IS BASED ON THE PROCESS CONFIGURATION. THIS VALUE IS
CALCULATED AS FOLLOWS!

PROCESS

CRUDE;
Atm. Diet.
Vao. Diet.
Desalting
TOTAL
CRACKING:
FCC
Hydrooraoklng
TOTAL
LUBE:
Lube Hydro.
Furfural Extr
Phenol Extr.
TOTAL
ASPHALTi
Asphalt Prod.
TOTAL
TOTAL REFINERY
PROCESS
FEEDSTOCK
RATE

12B.O
60.O
125.O


41.0
20.0


5.3
4.O
4.8


4.0


PROCESS FEEDSTOCK RATE
RELATIVE TO
REFINERY FEEDSTOCK RATE

1.O
O.48
1.O
2.48

O.326
O.16O
O.4B8

O.O42
O.O32
0.038
O.I 13

O.O32
O.O32


WEIGHT
FACTOR




X 1



x e




X 13


X 12


PROCESS
CONFIGURATION




~ 2.48



•=> 2.93




= 1.47


~ 0.38
- 7.26

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      EXAMPLE PERMIT CALCULATIONS
     HYPOTHETICAL  LUBE OIL  REFINERY
STEP 2: DETERMINE PROCESS FACTOR (CONTINUED)
FROM THE PROCESS FACTOR TABLE:
         PROCESS CONFIGURATION
PROCESS
FACTOR
         Less than 6.49
         6.50 to 7.49
         7.50 to 7.99
         8.00 to 8.49
 0.81
 0.88
 1.00
 1.09
THE VALUE 0.88 IS OBTAINED.
                       14

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01
                       EXAMPLE PERMIT CALCULATIONS
                            PROCESS WASTEWATER
                     HYPOTHETICAL LUBE OIL  REFINERY

            STEP  3: CALCULATE EFFLUENT LIMITS

            BASED ON THE PRECEDING RESULTS. MAXIMUM DAILY BCT LIMITS
            AND BAT LIMITS (FOR AMMONIA. SULFIDE AND COD ONLY) WOULD BE
            CALCULATED  AS FOLLOWS:
POLLUTANT
PARAMETER
BCT:
BOD-5
TSS
0 & G
BAT:
Ammonia
Sulfide
COD
EFFLUENT
LIMITATION
FACTOR
(Lb/10OObbl)

17.9
12.5
5.7

8.3
O.I 18
127.0
SIZE
FACTOR

0.97
O.97
0.97

O.97
O.97
O.97
PROCESS
FACTOR

0.88
O.88
O.88

O.88
0.88
O.88
REFINERY
FEEDSTOCK
RATE
(1OOO bbl/day)

125.O
125.O
125.0

125.0
125.O
125.0
EFFLUENT
LIMIT
(Lb/day)

19OO.
133O.
6O8.

886.
12.6
136OO.

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                   EXAMPLE PERMIT CALCULATIONS
                       PROCESS WASTEWATER
                 HYPOTHETICAL LUBE OIL REFINERY
STEP 4: CALCUUTE AMENDED BAT LIMITS
BAT UMTCS FOR PHENOUC COMPOUNDS, TOTAL CHROMIUM AND HEXAYALENT CHROMIUM
ARE BASED ON A REVISED (1979 FLOW MODEL) PROCEDURE. THESE LIMNS ARE
CALCULATED ON THE BASS OF TOTAL PROCESS FEEDSTOCK  RATE FDR FIVE DISTINCT
PROCESS CATEGORIES AS FOLLOWS:
PROCESS
CATEGORY
CRUDE
TOTAL
CRACKING &
COKING
TOTAL
LUBE
TOTAL
ASPHALT
TOTAL
REFORMING &
ALKYLAT10N
PROCESSES
UTILIZED
ATM. DISTILLATION
VAC. DISTILLATION
DESALTING

FCC
HYDROCRACKING

LUBE HYDROF1NING
FURFURAL EXTRACT.
PHENOL EXTRACT.

ASPHALT PROD.

NONE
PROCESS FEEDSTOCK
RATE (1000BBLS)
125
60
125
310
41
20
61
5-5
4.0
4.9
14.2
4.0
4.0
0.0
USE SUM
TO
DETERMINE
HIGH YEAR
USE SAME
YEAR'S DATA
AS ABOVE
                                 16

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              EXAMPLE PERMIT CALCULATIONS
                  PROCESS WASTEWATER
            HYPOTHETICAL LUBE OIL REFINERY
DAILY MAXIMUM BAT LIMITS FOR PHENOUC COMPOUNDS. TOTAL CHROMIUM
       AND HEXAVALENT CHROMIUM USING 1979 FLOW MODEL





POLLUTANT
Phenolic
Compounds
Total
Chromium
Hexavalent
Chromium


CRUDE
PROCESS
LIMIT
Ob/day)
310 x 0.013
= 4.03
310x0.011
= 3.41
310 x 0.0007
= 0.217
CRACKING
AND
COKING
PROCESS
LIMIT
Ob/day)
61 x 0.147
= 8.97
61 x 0.119
= 7.26
61 x 0.0076
= 0.464


ASPHALT
PROCESS
UMIT
(Ib/doy)
4 x 0.079
= 0.32
4 x 0.064
= 0.26
4 x 0.0041
= 0.016


LUBE
PROCESS
UMIT
(!b/doy)
14.2 x 0.369
= 5.24
14.2 x 0.299
= 4.25
14.2 x 0.0192
= 0.273
REFORMING
AND
ALKYLATION
PROCESS
LIMIT
(Ib/doy)
0.0 x 0.132
= 0.0
0.0 x 0.107
= 0.0
0.0 x 0.0069
= 0.0


TOTAL
REFINERY
UMIT
Ob/day)

18.56

15.18

0.97
 Note: For 30-Day Average Limits, Use Same Production Data
      As For Daily Maximum Calculations
                              17

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                    EXAMPLE PERMIT CALCULATIONS
                        PROCESS WASTEWATER
                  HYPOTHETICAL LUBE OIL REFINERY
STEP 5: COMPARE AMENDED BAT LIMITS FOR PHENOLIC COMPOUNDS,
       TOTAL CHROMIUM AND HEXAVALENT CHROMIUM WITH BPT LIMITS

             FOR THE EXAMPLE REFINERY:
             PHENOLIC
             COMPOUNDS

             TOTAL
             CHROMIUM

             HEXAVALENT
             CHROMIUM
                           DAILY MAXIMUM  30-DAY AVERAGE
                              (IB/DAY)       (LB/DAY)
                             BPT    BAT    BPT    BAT
14.19
1856
               6.94    4.48
29.13   15.18  17.07   5.31
156
0.97
               1.17    0.43
       SET DAILY MAXIMUM LJMIT TO BPT (I.L, 14.19 IB/DAY) FOR PHENOLIC
      COMPOUNDS, BECAUSE BAT CANNOT BE LESS STRINGENT THAN BPT.
                                    18

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  PROCESS GROUPINGS INCLUDED IN 1974 FLOW MODEL
USE 10 CALCULATE ALL BPT/BCT POLLUTANT UMfTS AND BAT LJMIT5 FOR
              AMMONIA, SULflOE AND COD ONLY
PROCESS
CATEGORY
CRUDE


CRACKING
AND
COKING



LUBE














ASPHALT



PROCESSES INCLUDED
ATMOSPHERIC DISTILLATION
VACUUM DISTILLATION
DESALTING
FLUID CATALYTIC CRACKING
VIS BREAKING
THERMAL CRACKING
MOVING BED CATALYTIC CRACKING
HYDROCRACKING
FLUID COKING.DELAYED COKING
LUBE HYDROF1NING
WHITE OIL MANUFACTURING
PROPANE-DEWAXING, DEASPHALT1NG
DUO SOL. SOLVENT DEWAXING
VACUUM TOWER, WAX FRACT10NATTON
CENTRIRJGING AND CHILUNG
MEK DEWAXING. DEOIUNG(WAX)
•NAPHTHENIC LUBES
S02 EXTRACTION
WAX PRESSING, WAX SWEATING
WAX PLANT(WITH NEUTRAL SEPARATION)
FURFURAL EXTRACTION
CLAY CONTACTING-PERCOLATION
ACID TREATING
PHENOL EXTRACTION
PRODUCTION
OXIDATION
EMULSIFYING
WEIGHTING
FACTOR
1


6





13














12


                        19

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                     PROCESS GROUPINGS INCLUDED IN  1979  FLOW  MODEL
                                 USE TO CAtCUATE MENDED BAT LJflS
                  FOR PtENOUC COyPOUNDS, TOT. CHROMA! AND HEX CHROMA! ONUT
PROCESS CATEGORY
                               PROCESSES INCLUDED
       CRUDE
ATMOSPHERIC DETIUATON
DESALTING
VACUUM DISTILLATION
      CRACKING
        AND
      COKING
YE BREAKING
THERMAL CRACKING
FLUID CATALYTIC CRACKING
MOVING BED CATALYTIC CRACKING
HYDROCRACMNG
DELAYED COKING
FLUID COKING
HYDROTREATOG
        LUBE
 HYDR()HNINGJfrDROFlNISHINGaiJBE HYDROF1NING
(WHflE OIL MANUFACTURE
 PROPANE DEWAXING^ROPANE DEASPHAU1NGJ>ROPANE RACTURINGJ'ROPANE DERES1NING
 DUO SOLSOLVENT TREATING30LVENT EXTRACTIOrUJUOTREATING^OLVENT DEHAXING.SOI^ENT DEASPHAOTNG
 LUK VACUUM TOWEROL FRACHONATIOIiBATCH SIILL(NAPHTHA STR1P)^]GHT STOCK TREATING
 CENTRIFUGE AND CHUJNG
 MEX DEWAXINGJ
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         EXAMPLE PERMIT CALCULATIONS
               BAT/BCT LIMITS FOR
 BALLAST AND ONCE-THROUGH COOLING WATER
• Daily Maximum Limits for Ballast Water
  (50,000 gal/day Flow Basis)

                FACTOR X FLOW = LJMfT
           BOD-5  0.40  X 50 =  20.  Ib/day
           TSS   0.26 X  50  =  13.  Ib/day
           COD   3.9  X  50  = 195.  Ib/day
           0 & 6  0.126 X  50  =  6.3  Ib/day
• Once Through Cooling  Water
  - 5 mg/l Total Organic Carbon as Concentration  Limitation
    (Not to Exceed)

  - May be Net Basis if Requested by Permittee
                          21

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     STORM WATER RUNOFF LIMITATIONS
                  DEFINITIONS
t RUNOF
  - Precipitation
  - Contact with Petroleum Refinery Property
  - Either Contaminated or Uncontaminated

t CONTAMINATED RUNOFF
  - Runoff
  - Direct Contact With Any:
        Raw Material
        Intermediate Product
        Rnished Product
        By-Product, or
        Waste Product
• UNCONTAMINATED RUNOF
  - Any Other Runoff
                        22

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             STORM WATER  RUNOFF LIMITATIONS

                 OVERVIEW OF REGULATIONS


             POLLUTANTS              BPT  BAT   BCT

             PHENOUC COMPOUNDS          «     *
             TOTAL CHROMIUM              •     *
             HEXAYALENT CHROMIUM          *     *
             COD/TOC                    *     *
             BIOCHEMICAL OXYGEN DEMAND    *           *
             TOTAL SUSPENDED SOLIDS       *           *
             OIL * GREASE                *           *
             pH                         *           •
       CASE                             DISPOSITION

COLLfCTED SEPARATELY      - NO BPT UMITS IF 04G<15 mg/l AND TOC<110 mg/l
 AND DISCHARGED          - NO BCT UMITS IF 04G<15 mg/l
                       - NO BAT UMITS IF TOC<110 mg/l
                       - OTHERWISE, TECHNOLOGY BASIS FOR
                         PROCESS WASTOfATCR APPLIES

COMMINGLED WITH PROCESS   - EFFLUENT UMITS BASED ON SAME
 WASTEWATER               TECHNOLOGY AS FOR PROCESS W.W.
                                 23

-------
           STORM  WATER  RUNOFF LIMITATIONS
            PERMIT CALCULATION  PROCEDURE
BAT/BCT LIMITS  FOR CONTAMINATED  STORM WATER RUNOFF

     • DETERMINE REFINERY CONTAMINATED STORM WATEB VOLUME

     • CALCULATE MASS BASED EFFLUENT  LIMIT
       (Volume X  Effluent Limitation Guideline Concentration)

     • INCORPORATE INTO PERMIT
                            24

-------
           STORM  WATER RUNOFF LIMITATIONS
DETERMINATION  OF CONTAMINATED STORM WATER  VOLUME
     • FLEXIBILITY TO PERMIT WRITERS
       (Case-by-Case Basis)

     • APPROPRIATE METHODS TO CONSIDER
       - Difference in Wet/Dry Weather Flow to Treatment
       - Area Runoff Calculations Based on:
           Recurrent Precipitation Data
           Local Weather Service Data
                             25

-------
                    DIL REFINERY LAYOUT
     DOO
         TANK FARM
r\>
at
                WASTEWATER
                                        TREATMENT
                        CODLING
 WATER /


STORAGES


 POND
                       HOLDING

                         PDND
                                      REFINERY
        PARKING AREA
                         OFFICE
                               TRUCK LOADING AREA
 WASTE


MATERIALS


STORAGE




0°
0°
0°
Xo
0°
uo





-------
        STORM WATER RUNOFF LIMITATIONS
    DETERMINATION  OF AREA-RUNOFF VOLUME

(NOTE: STORMWATER SEGREGATION IS NOT REQUIRED BY REG.)

  CONTAMINATED AREAS          UNCONTAMINATED AREAS

  Processing Areas              Parking Lots
  Product Storage Areas         Office Areas
  Raw Material  Storage Areas     Roads, Access Ways
  Tank Farms
  Material Loading/Transfer Areas
  Waste Product Storage Areas
  Wastewater Treatment Areas
  Runoff Holding Ponds
                       27

-------
          STORM  WATER  RUNOFF UMITATIONS
                  MASS BASED UMITS
CONTAMINATED RUNOF      EFFLUENT LIMITATION
                   X
      VOLUME
       CONCENTRATION
                    MASS
                    LJMIT
     1000 CU M
       DAT
X
KILOGRAMS
1000 CU M
KILOGRAMS
   DAY
     1000 GALS
       DAY
X
 POUNDS
1000 GALS
 POUNDS
   DAY
                            28

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            STORM  WATER RUNOFF LIMITATIONS
              BAT/BCT  EFFLUENT LIMITATIONS
       Pollutant or
     Pollutant Property
  Maximum for
   Any  1  Day
Average of Daily
 Values for 30
Consecutive Days
Phenolic Compounds (4AAP)
Total Chromium
Hexavalent Chromium
COD
                              Kilograms per 1000 cubic meters
                              of flow  (Pounds per 1000 gallons)
  0.35 (0.0029)
  0.60 (0.005)
0.062 (0.00052)
  360.0 (3.0)
  0.17  (0.0014)
  0.21  (0.0018)
0.028 (0.00023)
   180.0 (1.5)
BOD-5
TSS
 Oil & Grease
pH
  48.0 (0.40)
  33.0 (0.28)
  15.0 (0.13)
  26.0 (0.22)
  21.0 (0.18)
  8.0 (0.067)
     Within the range 6.0 to 9.0
       NO ADDITIONAL CREDIT FOR AMMONIA OR  SULF1DE
                                29

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             STORM  WATER RUNOF LIMITATIONS
METHODS TO INCORPORATE MASS  BASED UMITS INTO  PERMIT
   • PROCESS WASTEWATER AND CONTAMINATED RUNOF TREATED TOGETHER

    1. Continuous Allocation
    2. Variable Allocation
    3. Wet/Dry Weather Allocations
  • SELECTION BY PERMIT WRITER

    - Site Specific Factors
          Local Precipitation Patterns,
          Design of Runoff  Holding Facilities

    - Determines Method Used to Calculate
      Contaminated Runoff Volume
                               30

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    STORM WATER RUNOFF LIMITATIONS
     CONTINUOUS ALLOCATION METHOD
1. CONTINUOUS ALLOCATION
   • One Set of Effluent Limits Which is the Sum of
     Process Wastewater and Contaminated Runoff Limits
   • Problem  - Allocation When No Runoff  is Present
   • Appropriate -
     - Where Precipitation Patterns Relatively Constant
     - When Holding Facilities  Used to Bleed Runoff to
       Treatment During Most or All of the Year
                       31

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         STORM WATER RUNOF LIMITATIONS
           VARIABLE ALLOCATION  METHOD
2. VARIABLE ALLOCATION

   • One Set of Effluent Limits for Process Wastewater Only

   t An Additional Prorated Allocation  for Each 1000 Gal.
     of Contaminated  Runoff,  Specific to Each Precipitation Event

   t Most Ideal

   t Based on  Measurement or Calculation of Actual Contaminated
     Runoff  (for the Specific Precipitation Period)

   t Similar to Variable Batch Discharge  Allocation

   t Compliance Measurement and  Enforcement Complexities
                             32

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               STORM  WATER RUNOF  LIMITATIONS
            WET/DRY  WEATHER  ALLOCATION METHOD
3. WET/DRY WEATHER ALLOCATION

   t One Set of Effluent Limits for Process Wostewoter Only
     - Dry Weather limits

   • One Set of Mass Limits Based on the Sum of Process and
     Contaminated Runoff Allocations
     - Wet Weather Limits
     - Contaminated Runoff Portion is a Fixed Mass
       Allocation, Based on Historic Precipitation Data

   • Triggered by Either
     - Time of Year
     - Precipitation Events, or
     - Actual Contaminated Runoff Volume

   • Used When:
     - Precipitation Amount and Frequency Varies
       Significantly During the Year
     - Significant Precipitation Events Occur Infrequently
                                  33

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       STORM WATER RUNOF LIMITATIONS
         EXAMPLE PERMIT CALCULATIONS
A.  DIVERT CONTAMINATED RUNOF TO SURGE POND/TANK. AND
    BlfED BACK TO PROCESS WASTEWATER TREATMENT SYSTEM

    1. Wet/Dry Weather Allocation (Bleed Rate Intermittent)
    2. Continuous Allocation  (Bleed Rate Continuous)
B.  DIRECT CONTAMINATED RUNOF DIRECTLY TO PROCESS
    WASTEWATER TREATMENT SYSTEM
    1. Variable Allocation
                         34

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                     EXAMPLE A
.000
    TANK FARM
CONTAMINATE!
-STQRMUATER
UASTEUATER
 TREATMENT
WASTE
                          MATERIALS
                          STORAGE
                   CDDLING
                    WATER /
          QOO
          ooO
                   STORAGES
                   POND
                   HOLDING
                    PDND
              OIL
           REFINERY
             AREA
   PARKING AREA
                     OFFICE
                          TRUCK LOADING AREA

-------
          STORM  WATER  RUNOF LIMITATIONS
            EXAMPLE PERMIT CALCULATIONS
EXAMPLE A - DETERMINATION OF CONTAMINATED RUNOF VOLUME
          ANNUAL PRECIPITATION = 60 IN/TR

Source Area
Process Units
Storage
Tank Farm
Truck Loading
Holding Pond
Waste Storage
WWTArea
Areal Extent
(acres)
5.0 x
2.0 x
15.0 x
3.0 x
1.0 x
1.0 x
3.0 x
Permeability
Factors
1.0 x
0.6 x
0.4 x
1.0 x
1.0 x
0.8 x
1.0 x
Sq. Ft
Acre
43,560 =
43,560 =
43,560 =
43,560 =
43,560 =
43,560 =
43,560 =
Runoff Area
(Sq. R)
217,800
52,300
261,400
174,200
43,600
34,800
130,700
TOTAL AREA 914,800
ANNUAL RUNOF = 914,800 Sq.Fl x 60
             - 34,210,000 GalAr
AVER. DAILY RUNOF = 34,210,000/365 = 94,000 Gal/Day
                                   x 1/12 Ft/In x 7.48 Gal/CuR
                            36

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               STORM WATER RUNOF LIMITATIONS
                EXAMPLE  PERMIT CALCULATIONS

         EXAMPLE A.1 - RUNOF BLEED RATE =  120,000  GAL/DAY

 o WET WEATHER UMRS = DRY WEATHER (c.g, PROCESS WASTEWATER) UMCTS
   PLUS STORM WATER ALLOCATION

 o FOR PRECEDING LUBE REFINERY EXAMPLE AND  120,000 GAL/DAY STORMWAIER:


POLLJJ1WT
BOD-5
TSS
OftG
STORUVKIER
FUN
(1000G/MKQ
120
120
120
CMLYklAX.
BOOR
(LBS/10QOGAU
040
028
0.13
30-OAY
R«CTOR
(LBS/1000G^
022
0.18
QJOS7
ONLY MAX.-
LttflT
gss/iw)
4&00
53fO
15.60
30-OAYAVS.
IMF
(IBS/CAY)
26.40
21.60
BD4
EIC.
 o  ADDmON OF ABOVE VALUES TO DRY 'WEATHER LIMITS RESULTS
    IN WET WEATHER UMfTS ON FOLLOWING PAGE
                                 37

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              EXAMPLE A.I WET/DRY WEATHER LIMITS

          (INTERMITTENT BLEED RATE = 120,000 GAL/DAY)
DRY WEATHER LIMITS
PARAMETER
DAILY MAXIMUM
  (LBS/DAY)
30-DAY AVERAGE *
   (LBS/DAY)
BQD-5               1900.00
TSS                 1330.00
OIL & GREASE         608.00

AMMONIA              886.00
SULFIDE               12.60
COD                13600.00
PHENOLIC COMPOUNDS    18..56
TOTAL CHROMIUM        15.18
HEXAVALENT CHROMIUM    0.97
                    970.97
                    853.60
                    320.10

                    405.46
                      5.66
                   7042.20
                      4,
                      5.
      48
      31
                      0.43
WET WEATHER LIMITS   (FOR DAYS WHEN BLEEDING TO PROCESS TREATMENT SYSTEM OCCURS)
PARAMETER
DAILY MAXIMUM
  (LBS/DAY)
30-DAY AVERAGE **
   (LBS/DAY)
BOD-5               1948,00
TSS                 1363.60
OIL 4 GREASE         623.60

AMMONIA              886.00
SULFIDE               12.60
COD                13960.00
PHENOLIC-COMPOUNDS    18.91
TOTAL CHROMIUM        15.78
HEXAVALENT CHROMIUM    1.03
                    997.37
                    875.20
                    328.14

                    405.46
                      5.66
                   7222.20
                      4.65
                      5.52
                      0.46
«  30-DAY AVERAGE COMPLIANCE BASED ON AVERAGE OF ALL ANALYTICAL RESULTS FOR  DRY
   WEATHER SAMPLES.

»* 30-DAY AVERAGE COMPLIANCE BASED ON AVERAGE OF ALL ANALYTICAL RESULTS FOR  WET
   WEATHER SAMPLES, PROVIDING MORE THAN ONE SAMPLE WAS TAKEN DURING 30 DAY PERIOD,
   OTHERWISE, 30-DAY AVERAGE NOT APPLICABLE.
                                      38

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                  STORM WATER RUNOF UMITATIONS
                   EXAMPLE PERMIT CALCULATIONS
            EXAMPLE A£ - RUNOF BLEED RATE = 94,000 GAL/DAY


    o  WET WEATHER LIMITS = DRY WEATHER (e.g.f PROCESS WASTEWATER) LJMITS
      PLUS STORM WATER ALLOCATION


    o  FOR PRECEDING LUBE REF1NEKT EXAMPLE AND 94,000 GAl/DAY STORMWATER

          STORMWIEK     QMLYyAX.      30-DAY        ONLY NX.  30-OWAVB.
             FLOW         FACTOR       FACTOR            UMT       IMF
POUUTAKT  (1000G^yDW)   (LBS/1000GALO   (133/1000(^0      (IBS/DAY)   (IBS/DAT)
BOD-5
1SS
046
94
94
94
O40
028
013
022
018
0.067
37.60 2068
gg^g 16J2
12^2 c *jn
  EIC.
    o ADDmON OF ABOVE VALUES TO DRY WEATHER UMfTS RESULTS
      IN WET WEATHER LIMITS ON FOLLOWING PAGE
                                    39

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          EXAMPLE A.2 CONTINUOUS RUNOFF ALLOCATION

          (CONTINUOUS BLEED RATE = 94,000 GAL/DAY)


EFFLUENT LIMITS     (THE FOLLOWING VALUES ARE APPLICABLE AT ALL TIMES)
                   DAILY MAXIMUM     30-DAY AVERAGE
PARAMETER            (LBS/DAY)          (LBS/DAY)
BOD-5               1937.60            991.65
TSS                 1336.32            870.52
OIL & GREASE         620.22            326.40

AMMONIA              886.00            405,46
SULFIDE               12.60              5.66
COD                13882.00           7183.20
PHENOLIC COMPOUNDS    18.83              4.61
TOTAL CHROMIUM        15.65              5.48
HEXAVALENT CHROMIUM    1.02              0.45
                             40

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                     EXAMPLE  B
OOO
    TANK  FARM
                       CDNTAMINATE
                                 UASTEUATER
 UASTE
MATERIALS
STORAGE
                      T-QRMLJATER
                                     TREATMENT
                    CDDLIMG
                     WATER  /
                    STORAGES
                    POND
                                     OIL
                                   REFINERY
                                    AREA
PARKING AREA
                     OFFICE
                           TRUCK LOADING AREA

-------
                 EXAMPLE B.I VARIABLE ALLOCATION

          (RUNOFF DIRECTLY TO PROCESS TREATMENT SYSTEM)
DRY WEATHER LIMITS
PARAMETER
             DAILY MAXIMUM
               (IBS/DAY)
                   30-DAY AVERAGE
                      (IBS/DAY)
BOD-5
TSS
OIL ic
GREASE
AMMONIA
SULFIDE
COD
PHENOLIC COMPOUNDS
TOTAL CHROMIUM
HEXAVALENT CHROMIUM
 1,900.00
 1,330.00
   608.00

   886.00
    12.60
13,600.00
    18.56
    15.18
     0.97
 970.97
 853.60
 320.10

 405.46
   5.66
7042.20
   4.
   5.
                                       48
                                       31
                                     0.43
MET WEATHER LIMITS
               (ADDITIONAL ALLOCATION FOR EVERY 1000 GALLONS OF CONTAMINATED
               RUNOFF BASED ON CONTINUOUS FLOW MONITORING LESS NORMAL  DRY
               WEATHER FLOW)
PARAMETER
             DAILY MAXIMUM
           (LBS/1000GAL/DAY)
                                       30-DAY AVERAGE
BOD-5
TSS
OIL &
GREASE
AMMONIA
SULFIDE
COD
PHENOLIC COMPOUNDS
TOTAL CHROMIUM
HEXAVALENT CHROMIUM
     0.40
     0.28
     0.13
                   0.00
                   0.00
                   3.00
                    .00
                   0.01
                    .00
     NA
     NA
     NA

     NA
     NA
     NA
     NA
     NA
     NA
   30-DAY AVERAGE COMPLIANCE BASED ON AVERAGE OF ALL ANALYTICAL  RESULTS  FOR  DRY
   WEATHER SAMPLES.
                                    42

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                            SECTION 2

                       AMENDED REGULATIONS
                          40  CFR PART 419
The following  is  a  complete  set of the amended regulations  that
will appear  in  the  upcoming  edition of the Code of Federal
Regulations, Title  40,  Chapter I,  Part 419, Petroleum Refining
Point Source Category:

Authority:   Sees.  301,  304(b), (c), (e), and  (g), 306(b)  and  (c),
307(b) and  (c), and  501,  Federal Water Pollution Control  Act  as
amended  (the Act);  33  (J.S.C.  1311, 1314(b), (c) , (e), and  (g),
1316(b)  and  (c),  1317(b)  and  (c),  and 1361; 86 Stat. 816,  Pub.  L.
92-500;  91  Stat.  1567.  Pub.  L. 95-217.
                               43

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Subpart A - Topping Subcategory

419.10  Applicability; description of  the  topping  subcategory.

The provisions of this subpart apply  to discharges  from any faci-
lity that produces petroleum products  by the  use of topping and
catalytic reforming, whether or  not the facility includes  any
other process in addition to topping  and catalytic  reforming.
The provisions of this subpart do not  apply to  facilities  that
include thermal processes (coking, visbreaking, etc.)  or cataly-
tic cracking.

419.11  Specialized definitions.

For the purpose of this subpart:

(a)  Except as provided below, the general definitions, abbre-
viations, and methods of analysis set  forth in  Part 401 of this
chapter shall apply to this subpart.

(b)  The term "runoff" shall mean the  flow of storm water
resulting from precipitation coming into contact with  petroleum
refinery property.

(c)  The term "ballast" shall mean the flow of  waters,  from a
ship, that is treated along with refinery  wastewaters  in the main
treatment system.

(d)  The term "feedstock" shall mean  the crude  oil  and  natural
gas liquids fed to the topping units.

(e)  The term "once-through cooling water" shall mean  those
waters discharged that are used  for the purpose of  heat removal
and that do not come into direct contact with any  raw  material,
intermediate, or finished product.

(f)  The following abbreviations shall be  used:  (1) Mgal  means
one thousand gallons; (2) Mbbl means  one thousand  barrels  (one
barrel is equivalent to 42 gallons).

(g)  The term "contaminated runoff" shall  mean  runoff  which comes
into contact with any raw material, intermediate product,
finished product, by-product or  waste  product located  on petro-
leum refinery property.

419.12  Effluent limitations guidelines representing the degree
of effluent reduction attainable by the application of  the best
practicable control technology currently available  (BPT).

(a)  Except as provided in 40 CFR 125.30-32,  any existing  point
source subject to this subpart must achieve the following
effluent limitations representing the  degree  of effluent reduc-
tion attainable by the application of  the  best  practicable
control technology currently available (BPT):
                                44

-------
Pollutant or pollutant property
                                        BPT  effluent  limitations
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
                                      Metric  units  (kilograms per
                                          1 /OOO  cubic  meters
                                            of  feedstock)

TSS 	
COD ( 1 ) 	



Sulf ide 	


PH 	
22.7
158
117.
6.9
0 1 68
2 81
0. 1 49
0.345
0.028
(2)
12.0
10.1
60.3
3.7
0 076
1 27
0.068
0.20
0.012
(2)
                                        English  units  (pounds per
                                         1,000 bbl  of  feedstock)

TSS 	 	 	
COD { 1 ) 	

Phenolic compounds 	
Ammonia as N 	
Sulf ide 	


PH 	
8.0
5.6
41.2
2. 5
0.060
0.99
0.053
0.122
0.01
(2)
4.25
3.6
21.3
1 .3
0.027
0.45
0.024
0.071
0.0044
(2)
    1 See footnote  following Table  in  419.13(d).
    2 Within the range of  6.0 to 9.0

(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
Less than 24.9 	
25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
Size
factor
1 02
1 .06
1 1 6
1 26
1 .38
                                45

-------
125.0 to 149.9...
150.0 or greater,
  1.50
  1 .57
(2)  Process factor.
         Process configuration
Process
 factor
Less than 2.49.
2.5 to 3.49....
3.5 to 4.49	
4.5 to 5.49..'..
5.5 to 5.99	
6.0 to 6.49	
6.5 to 6.99	
7.0 to 7.49	
7.5 to 7.99	
8.0 to 8.49	
8.5 to 8.99	
9.0 to 9.49....
9.5 to 9.99	
10.0 to 10.49..
10.5 to 10.99..
11 .0 to 11.49..
11.5 to 11 .99..
12.0 to 12.49..
12.5 to 12.99..
13.0 to 13.49..
13.5 to 13.99..
14.0 or greater
  0.62
  0.67
  0.80
  0.95
  1 .07
  1 .17
  1.27
  1 .39
  1.51
  1 .64
  1 .79
  1 .95
  2.12
  2.31
  2.51
  2.73
  2.98
  3.24
  3.53
  3.84
  4.18
  4.36
(3)  See the comprehensive example  in Subpart D,  419.42(b)(3).

(c)  The following allocations constitute  the quantity  and
quality of pollutants or pollutant  properties controlled  by  this
paragraph and attributable to ballast, which may  be discharged
after the application of best practicable  control  technology
currently available, by a point  source subject  to  this  subpart,
in addition to the discharge allowed by paragraph  (b) of  this
section.  The allocation allowed  for ballast water  flow,  as
kg/cu m (Ib/M gal), shall be based  on those ballast waters
treated at the refinery.
                               46

-------
Pollutant or pollutant property
                                        BPT~effluent limitations
                                           for  ballast water
Maximum for
any 1 day
Average of
daily values
   for 30
consecutive
days shall
not exceed
                                       Metric  units (kilograms per
                                          cubic  meter of flow)
TSS 	
COD (1) 	

PH 	
U • U **O
0 033
0 47
0 015
_ <2)
u • u e.u
0021
0 24
0 008
(2)
BODS	,
TSS	
COD ( 1 }	,
Oil and grease,
PH	
                                        English  units (pounds per
                                           1,000 gal  of flow)	
0.40
0.26
3.9
0.126
(2)
0.21
0.17
2.0
0.067
(2)
    1 See footnote following Table  in  419.13(d).
    2 Within the range of  6.0  to  9.0

(d)  The quantity and quality  of  pollutants  or  pollutant proper-
ties 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/1.

(e)  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 practicable control
technology currently available 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  15 mg/1 oil and  grease and 110
mg/1 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 15 mg/1 oil  and grease  or  110 mg/1 TOC is
not commingled or treated  with any  other type of  wastewater, the
                                47

-------
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:
                                       BPT effluent  Limitations
                                       for contaminated  runoff
Pollutant or pollutant property
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  flow)
BODS	
TSS	
COD (1)	
Oil and grease	
Phenolic compounds (4AAP)
Total chromium	
Hexavalent chromium	
PH	
48.
33.
360.
15.
0.35
0.73
0.062
(2)
26.
21 .
180.
8.
0.17
0.43
0.028
(2)
                                       English  units  (pounds  per
                                        •   1 ,000 gal of  flow)
BOD5	
TSS	
COD (1)	
Oil and grease	
Phenolic compounds  (4AAP)
Total chromium	
Hexavalent chromium	
PH	
0.40
0.28
3.0
0.13
0.0029
0.0060
0.00052
(2)
0.22
0.18
1 .5
0.067
0.0014
0.0035
0.00023
(2)
    1 See footnote  following  table  in  419.13(d).
    2 Within the range of  6.0 to 9.0

419.13  Effluent limitations  guidelines representing  the  degree
of effluent reduction attainable by  the application of  best
available technology economically achievable  (BAT).

(a)  Except as provided  in 40 CFR 125.30-.32,  any  existing point
source subject to this subpart must  achieve  the  following
effluent limitations representing the  degree  of  effluent  reduc-
tion attainable by  the application of  the  best available
technology economically  achievable  (BAT):
                                48

-------
                                       _BAT  effluent  limitations
Pollutant or pollutant property
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
COD (1)	
Ammonia as N
Sulfide	
                                      Metric  units  (kilograms  per
                                           1,000  cubic  meters
                                              of  feedstock)
117.
2.81
0.149
60.3
1.27
0.068

as N 	

41 5
0 99
L 0.053
71 1
£• 1 m J
fl 45
0.024
                                       English  units  (pounds  per
                                         1,000 bbl  of  feedstock)

COD {1)
Ammonia
Sulfide

    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

25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	


Size
factor
i 02
1 fifi
1 1 £
1 9fi
i Tfl
1 50
1 R7

(2)  Process factor.
Process

2.5 to 3.49 	
3.5 to 4.49 	
4.5 to 5.49 	
5.5 to 5.99 	
6.0 to 6.49 	
configuration






Process
factor
Oe.')
. O f.
Ofi7
Ofln
OQ5
1 07
1.17
                                49

-------
6.5 to 6.99 	
7.0 to 7.49 	
7.5 to 7.99 	
8.0 to 8. 49 	
8.5 to 8.99 	
9.0 to 9.49 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	 	 	
13.0 to 13.49 	
13.5 to 13.99 	


1 27
1 39
1 51
1 64
1 79
1 95
212
2 31
2 51
2 73
2 98
3 24
3 53
3 84
4 IB
4. 36

(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):

For each of the regulated pollutant parameters listed  below,  the
effluent limitation for a given refinery  is the  sum of  the pro-
ducts of each effluent limitation factor  times the applicable
refinery 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  111-7,  pp. 49-54.
                                50

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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
Phenolic compounds (4AAP):
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Total chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Hexavalent chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Phenolic compounds (4AAP):
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Total chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Hexavalent chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
                                      Metric  units  (kilograms per
                                           1,000  cubic meters
                                              of  feedstock)
0.037
0.419
0.226
1.055
0.377
0.030
0.340
0.183
0.855
0.305
0.0019
0.0218
0.01 17
0.0549
0.0196
0.009
0.102
0.055
0.257
0.092
0.01 1
0.118
0.064
0.297
0.106
0.0009
0.0098
0.0053
0.0248
0.0088
                                        English  units  (pounds  per
                                         1,000 bbl  of  feedstock)
0.013
0.147
0.079
0.369
0.132
0.01 1
0.119
0.064
0.299
0.107
0.0007
0.0076
0.0041
0.0192
0.0069
0.003
0.036
0.019
0.090
0.032
0.004
0.041
0.022
0.104
0.037
0.0003
0.0034
0.0019
0.0087
0.0031
(2) See the comprehensive example  in  Subpart  D,  419.43(c)(2)
                                51

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(d)  The following allocations  constitute  the  quantity and
quality of pollutants or pollutant properties  controlled by this
paragraph, attributable to ballast/  which  may  be  discharged after
the application of best available technology economically
achievable by a point source  subject  to  the provisions of this
subpart.  These allocations are  in addition to the  discharge
allowed by paragraphs (b) and  (c) of  this  section.   The alloca-
tion allowed for ballast water  flow,  as  kg/cu  m (Ib/M  gal), shall
be based on- those ballast waters treated at the refinery.
                                       BAT effluent  limitations
                                          for ballast  water
Pollutant or pollutant property
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
                                      Metric  units  (kilograms per
                                         cubic  meter  of  flow)
COD (1)
COD (1)
    0.47
    0.24
                                        English  units  (pounds per
                                           1 ,000 gal of  flow)
    3.9
    2.0
    1 In any case in which  the  applicant can demonstrate that the
      chloride ion concentration  in  the effluent  exceeds 1,000
      mg/1  (1,000 ppm),  the  permitting authority  may substitute
      TOC as a parameter  in  lieu  of  COD.  A TOC effluent limita-
      tion  shall be based on effluent data from the  particular
      refinery which correlates TOC  to BODS.   If  in  the  judgment
      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  on BODS.

(e)  The quantity and quality of  pollutants or pollutant proper-
ties controlled by this  paragraph, attributable to once-through
cooling water, are excluded  from  the discharge allowed by
paragraphs  (b) and (c) of this  section.  Once-through cooling
water may be discharged  with a  total organic carbon  concentration
not to exceed 5 mg/1.

(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 sub-
part.
                                52

-------
(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/1  total  organic carbon
(TOG) 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/1 TOG  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:
                                        BAT  effluent limitations
                                        for  contaminated runoff
Pollutant or pollutant property
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 flow)
Phenolic compounds  (4AAP)
Total chromium	
Hexavalent chromium	
COD (1)	
0.35
0.60
0.062
360.
0.17
0.21
0.028
180.
                                        English units (pounds per
                                           1 ,000 gal of flow)
Phenolic compounds (

Hexavalent chromium.
COD1 	
4AAP ) 	



0.0029
0 0050
0.00052
3.0
0.001 4
0 0018
0.00023
1 .5
     1 See footnote  following  table  in 419.13(d).

419.14  Effluent  limitations  guidelines representing the degree
of effluent reduction  available  by  the application of the best
conventional pollutant control  technology (BCT).

(a)  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 conventional pollutant control technology (BCT):
                                53

-------
Pollutant or pollutant property
                                       BCT effluent limitations
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)
TSS 	

PH 	
£.*. • /
1 5 a
6 Q
(1)
1 £. . U
1 n i
•a -i
(1)
                                       English units  (pounds per
                                        1,000 bbl of  feedstock)
BOD5 	
TSS 	
Oil and grease 	
PH 	
o Q
5 6
2 5
(D
4oc
^ fi
1 ^
(D
    1  Within the range of 6.0 to 9.0

(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

25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9...
150.0 or greater.

feedstock per stream day





-


Size
factor
1.02
1 .06
1 .16
1 .26
1 .38
1 .50
1 .57
(2) Process factor
Process
Less than 2.49. ..
2.5 to 3.49 	
3.5 to 4.49 	
4.5 to 5.49 	
configuration




Process
factor
0.62
0.67
0.80
0.95
                               54

-------
5.5 to 5.99 	

6.5 to 6.99 	
7.0 to 7.49 	
7.5 to 7.99 	
8.0 to 8.49 	
8.5 to 8.99 	
9.0 to 9.49 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	
13.0 to 13.49 	
13.5 to 13.99 	


1 07
1.17
1 27
1 39
1.51
1 64
1 .79
1 95
2.12
2.31
2.51
2 73
2.98
3 24
3 53
3.84
4.18
4 36

(3)  See the comprehensive example  in  Subpart  D,  419 .42(b)(3).

(c)  The following allocations  constitute  the  quantity and
quality of pollutants or pollutant  properties  controlled  by  this
paragraph and attributable to ballast,  which may  be discharged
after the application of best conventional  pollutant  control
technology by a point source subject to this subpart,  in  addition
to the discharge allowed by paragraph  (b)  of this section.   The
allocation allowed for ballast  water flow,  as  kg/cu m (Ib/M
gal), shall be based on those ballast  waters treated  at the  refi-
nery.
                                        BCT  effluent  limitations
                                          for  ballast  water
Pollutant or pollutant property
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
                                       Metric  units  (kilograms per
                                          cubic  meter  of  flow)
BOD 5 	
TSS 	

PH 	
0 048
0 033
0 015
(D
0 09fi
0 02 1
0 008
(D
                                55

-------
                                       English units  (pounds  per
                                           1,000 gal of  flow)


Oil and
PH 	




0.40
0.26
0. 1 26
(1)
0.21
0.17
0 067
(D
    1  Within the range of 6.0 to 9.0

(d)  The quantity and quality of pollutants or pollutant  proper-
ties controlled by this paragraph, attributable  to  once-through
cooling water, are excluded from the discharge allowed  by
paragraph (b) of this section.

(e)  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 conventional pollu-
tant control technology by a point source subject to  this sub-
part.

(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 15 mg/1 oil and grease 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 15 mg/1 oil and grease is not  commingled or
treated with any other type of wastewater, the quantity of  pollu-
tants 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:
                                       BCT effluent  limitations
                                       for contaminated  runoff
Pollutant or pollutant property
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 flow)
BOD5 	
TSS 	
Oil and grease 	
PH 	
48
33 .
15.
(D
26
21 .
8.
(D
                                56

-------
                                        English  units  (pounds  per
                                           1,000 gal of  flow)


Oil and
pH 	




0 40
0.28
0.13
(D
0 22
0.18
0.067
(D
    1  Within the range of 6.0 to 9.0

419.15  Pretreatment standards for existing  sources  (PSES).

Except as provided in 40 CFR 403.7 and  403.13  any  existing  source
subject to this subpart which introduced  pollutants  into  a
publicly owned treatment works must comply with  40 CFR Part  403
and achieve the following pretreatment  standards for  existing
sources (PSES).  The following standards  apply to  the total  refi-
nery flow contribution to the POTW:
Pollutant or pollutant property
Pretreatment
 standards
for existing
  sources -
maximum for
 any 1 day	
                                                     (Milligrams
                                                       per  liter
                                                       (mg/1))
Oil and grease..
Ammonia as N (1)
   100
   100
    1  Where the discharge to the POTW  consists  solely  of  sour
      waters, the owner or operator  has  the  option  of  complying
      with this limit or the daily maximum mass limitation  for
      ammonia set forth in 419.13(a) and  (b).
                                57

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419.16  Standards of performance for new sources  (NSPS).
(a)  Any new source subject to this subpart must achieve  the
following new source performance standards (NSPS):
                                      NSPS effluent limitations
Pollutant or pollutant property
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
                                      Metric units  (kilograms  per
                                          cubic meter of  flow)


COD ( 1 ) 	



Sulf ide 	

Hexavalent chromium 	
DH 	
11.8
8. 3
61 .0
3.6
0.088
2.8
0 078
0.18
0 015
f 21
6 .3
4 .9
32 .0
1 9
0 043
i 3
0 035
0.105
0 0068
(2)
                                            effluent limitations
Pollutant or pollutant property
Maximum for
any 1 day
Average of
daily values
   for 39
consecutive
days shall
not exceed
                                        English  units  (pounds
                                        per  1,000 gal  of  flow)
BODS	,
TSS	
COD (1)	
Oil and grease	,
Phenolic compounds.,
Ammonia as N	,
Sulf ide	,
Total chromium	
Hexavalent chromium,
PH	
4.2
3.0
21 .7
1 .3
0.031
1.0
0.027
0.064
0.0052
(2)
2.2
1 .9
11 .2
0.70
0.016
0.45
0.012
0.037
0.0025
(2)
     1 See  footnote  following Table  in  419.13(d).
     2 Within  the range of  6.0  to 9.0

 (b)  The limits set  forth  in paragraph  (a) of  this  section  are  to
 be multiplied by the  following  factors  to  calculate  the  maximum
                                58

-------
for any one day and maximum  average of daily values for thirty
consecutive days.

( 1)  Size factor.
     IrOOO bbl of feedstock  per  stream day
  Size
 factor
Less than 24.9..
25.0 to 49.9....
50.0 to 74.9	
75.0 to 99.9	
100 to 124.9	
125.0 to 149.9..,
150.0 or greater,
  1.02
  1.06
  1 .16
  1 .26
  1.38
  1.50
  1 .57
(2)  Process factor
         Process configuration
Process
 factor
Less than 2.49	
2.5 to 3.49	
3.5 to 4.49	
4.5 to 5.49	
5.5 to 5.99	
6.0 to 6.49	
6,5 to 6.99	
7.0 to 7.49	
7.5 to 7.99	
8.0 to 8.49	
8.5 to 8.99	
9.0 to 9.49	
9.5 to 9.99	
10.0 to 10.49	
10.5 to 10.99	
11.0 to 11.49	
11.5 to 11 .99	
12.0 to 12.49	
12.5 to 12.99	
13.0 to 13.49	
13.5 to 13.99	
14.0 or greater	
  0.62
  0.67
  0.80
  0.95
   ,07
   ,17
    27
    39
    51
    64
  1.79
  1 .95
  2.12
  2.31
  2.51
  2.73
  2.98
  3.24

  3^84
  4.18
  4.36
(3)  See the comprehensive  example  in  Subpart D,  419.42(b)(3).

(c)  The following allocations  constitute  the quantity and
quality of pollutants or pollutant  properties controlled by this
paragraph and attributable  to ballast,  which may  be discharged
by a new source subject to  this subpart,  in  addition to the
discharge allowed by paragraph  (b)  of  this section.  The alloca-
tion allowed for ballast water  flow, as  kg/cu m (Ib/Mgal), shall
be based on those ballast waters  treated  at  the refinery.
                                59

-------
Pollutant or pollutant property
                                       NSPS effluent  limitations
                                          for ballast  water
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
                                      Metric units  (kilograms  per
                                         cubic meter  of  flow)
BODS	•
TSS	
COD ( 1)	,
Oil and grease.
PH	
0.048
0.033
0.47
0.015
(2)
0.026
0.021
0.24
0.008
(2)
                                       English units  (pounds  per
                                           1,000 gal of  flow)

TSS 	
COD ( 1 ) 	

PH 	
0.40
0.27
3.9
0 1 26
(2)
0.21
0.17
2.0
0.067
(2)
    1 See footnote following table  in 419.13(d.
    2 Within the range of 6.0 to 9.0

(d)  The quantity and quality of pollutants or pollutant  proper-
ties 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/1.

(e)  Effluent Limitations for Runoff - (Reserved)

419.17  Pretreatment standards for  new sources (PSNS)

Except as provided in 40 CFR 403.7, any new source  subject  to
this subpart which introduces pollutants  into a  publicly  owned
treatment works must comply with 40 CFR Part 403 and  achieve the
following pretreatment standards for new  sources (PSNS).

(a) The following standards apply  to the  total refinery flow
contribution to the POTW:
                               60

-------
Pollutant or pollutant property
  Pretreatment
   standards
  for existing
    sources -
  maximum for
   any 1  day	
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
Oil and grease..
Ammonia as N (1)
     100
     100
    1  Where the discharge to  the POTW  consists  solely of  sour
      waters, the owner or operator  has  the  option  of complying
      with this limit or the  daily maximum mass limitation for
      ammonia set forth in 419.16(a) and  (b).

(b)  The following standard is  applied  to the  cooling tower
discharge part of the total refinery flow to the POTW by
multiplying:  (1) The standard;  (2)  by  the total refinery flow to
the POTW; and (3) by the ratio  of the  cooling  tower discharge
flow to the total refinery flow.
Pollutant or pollutant property
  Pretreatment
   standards
  for existing
    sources -
  maximum for
   any 1  day
Total chromium.
  (Milligrams
    per liter
    (mg/1))

•L     1
                                61

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Subpart B - Cracking Subcategory
419.20  Applicability; description of  the cracking  subcategory.

The provisions of this subpart are applicable  to  all  discharges
from any facility that produces petroleum products  by the  use  of
topping and cracking, whether or not the facility includes any
process in addition to topping and cracking.   The provisions of
this subpart are not applicable, however, to facilities  that
include the processes specified in Subparts C, D,  or  E of  this
part.

419.21  Specialized definitions.

The general definitions, abbreviations.and methods  of analysis
set forth in Part 401 of this chapter  and the  specialized  defini-
tions set forth in 419.11 shall apply  to this  subpart.

419.22  Effluent limitations guidelines representing  the degree
of effluent reduction attainable by the application of the best
practicable control technology currently available  (BPT).

(a)  Except as provided  in 40 CFR 125.30-.32,  any existing point
source subject to this subpart must achieve the following
effluent limitations representing the  degree of effluent reduc-
tion attainable by the application of  the best practicable
control technology currently available (BPT):
Pollutant or pollutant property
                                       BPT effluent limitations
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
BODS	,
TSS	,
COD ( 1 )	,
Oil and grease	,
Phenolic compounds.,
Ammonia as N	,
Sulf ide	,
Total chromium	,
Hexavalent chromium,
PH	
                                      Metric units  (kilograms  per
                                            1,000 cubic  meters
                                              of feedstock)
28.2
19.5
210.
8.4
0.21
18.8
0.18
0.43
0.035
(2)
15.6
12.6
109.
4.5
0.10
8.5
0.082
0.25
0.016
(2)
                                62

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                                        English units (pounds per
                                         1,000  bbl  of feedstock)
TSS 	
COD (13 	
Oil and grease 	
Phenol ic compounds 	
Ammonia as N 	
Sulf ide 	


PH 	
7 • 7
6 9
74 n
3 0
0 074
6 6
Q 065
01 c
0019
(2^
3 . J
4 A
•so A
JO • 1
1 fi
n o ifi
3n
• u
n 09Q
Onflfl
Onn sfi
f 21
    1  See footnote following table  in  419.13(d).
    2  Within the range of 6.0 to 9.0

(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

25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	


(2) Process factor.
Process configuration

2.5 to 3.49 	
3.5 to 4.49 	
4.5 to 5.49 	
5.5 to 5.99 	
6.0 to 6.49 	
6.5 to 6.99 	
7.0 to 7.49 	
7.5 to 7.99 	
8.0 to 8.49 	
8.5 to 8.99 	
9.0 to 9.49 	


Size
factor
o Q i
o Q *5
1 04
i i 3
1 7 ^
1 1 5
1 . J J
1 41


Process
factor
OCQ
. JO
Of. "I
• O J
074
n an
1 nn
i na
1 1 Q
1 9Q
1 41
1 ^7
i . j j
1 &~l
1 fl ")
1 RQ
i . o y
                                63

-------
(3)  See the comprehensive example  in Subpart 0,  419.42(b)(3).

(c)  The provisions of 419.12(c) apply  to discharges  of  process
wastewater pollutants attributable  to ballast water by  a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality of pollutants or  pollutant proper-
ties 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/1.

(e)  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 practicable control
technology currently available 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 15 mg/1 oil and  grease  and 110
mg/1 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 15 mg/1 oil and grease or  110 mg/1  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:
                                64

-------
Pollutant or pollutant property
                                        BPT  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 cubic meters  of  flow)
BODS	
TSS	
COD ( 1 )	'	
Oil and grease	
Phenolic compounds (4AAP)
Total  chromium	
Hexavalent chromium	
PH	
48.
33.
360.
15.
0.35
0.73
0.062
(2)
26.
21 .
180.
8.
0.17
0.43
0.028
(2)
                                        English  units  (pounds per
                                           1 ,000 gal of  flow)
BODS	
TSS	
COD ( 1 )	
Oil and grease	
Phenolic compounds  (4AAP)
Total chromium	
Hexavalent chromium	
PH	
0.40
0.28
3.0
0.13
0.0029
0.0060
0.00052
(2)
0.22
0.18
1 .5
0.067
0.0014
0.0035
0.00023
(2)
    1 See footnote  following  table  in  419.13(d).
    2 Within the range of  6.0  to  9.0

419.23  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-.32,  any existing point
source subject to this subpart must achieve  the  following
effluent limitations representing the  degree  of  effluent reduc-
tion attainable by  the application  of  the best available tech-
nology economically achievable (BAT):
                                65

-------
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 cubic meters
                                             of feedstock)
COD M ) .
Ammonia
Sulfide.

as N 	

21 0 .
18.8
0.18
109 .
8.5
0.082

as N 	

74.0
6.6
0.065
38 .4
3.0
0.029
                                       English units  (pounds  per
                                        1,000 bbl of  feedstock)

COD (1)                                ~~
Ammonia
Sulfide

    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
Less than 24.9 	 	 	
25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99. 9 	
100 to 124.9 	
125.0 to 149.9 	


Size
factor
0 91
095
1 .04
1.13
1 .23
1 .35
1 4 1

 (2)  Process factor
Process configuration
Less than 2 . 49 	
2.5 to 3.49 	
3.5 to 4.49 	
4.5 to 5.49 	
5.5 to 5.99 	
6.0 to 6.49 	
Process
factor
0.58
0.63
0.74
0.88
1 .00
1 .09
                               66

-------
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89

(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):

Fo.r each of the regulated pollutant parameters listed below, the
effluent limitation  for  a given  refinery is the sum of the pro-
ducts of each effluent  limitation factory times the applicable
refinery 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
^^^^^^^"^^^"•"""1™—""T*s^"^^j
Point Source Category  (EPA  440/1-627014),  Table III-7.
                PP.
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):



Reforming and alkylation 	
Total chromium:



Reforming and alkylation 	 	
On "?7
. U J /
04 1 Q
Oooc
» 6&O
1 ncm
1 . U JJ
n ^77
Omn
. U JU
o 14D
01 O T
• 1 O J
ORS5
0.305
OnnQ
. uuy
01 n ")
. I U £,
Once
.USD
0-j c -j
• £.3 1
Onqo
. U y £
Ofl 1 1
. U I 1
01 1 Q
. l 1 O
One A
. Uo4
OTQ -I
. £7 /
n. 1 n«
                               67

-------
Hexavalent chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation,
0.0019
0.0218
0.01 17
0.0549
0.0196
0.0009
0.0098
0.0053
0.0248
0.0088
                                        English  units  (pounds per
                                         1 ,000 bbl  of  feedstock)
Phenolic compounds (4AAP):




Total chromium:

Asphal t 	

Reforming and alkylation 	
Hexavalent chromium:


Lube 	
Reforming and alkylation 	
0.013
0. 1 47
0.079
0.369
0 1 32
0.011
0 119
0 064
0.299
0.107
0 0007
0.0076
0 0041
0.0192
0.0069
0 003
0 036
0 019
0.090
0 032
0 004
0 04 1
0 022
0.104
0 .037
0 0003
0.0034
0 0019
0 .0087
•0.0031
(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 proper-
ties controlled by this paragraph,  attributable  to once-through
cooling water, are excluded  from the  discharge allowed by
paragraphs (b) and (c) of this  section.  Once-through cooling
water may be discharged with a  total  organic  carbon  concentration
not to exceed 5 mg/1.

(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 sub-
part.

(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/1 total  organic carbon
(TOC) based upon an analysis of any single grab  or composite
sample.
                                68

-------
(2)  If contaminated runoff  is commingled  or  treated  with process
wastewater, or if wastewater consisting solely  of  contaminated
runoff which exceeds 110 mg/1 TOG  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:
                                        BAT  effluent  limitations
                                        for  contaminated  runoff
Pollutant or pollutant property
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 flow)
Phenolic compounds  (4AAP)
Total chromium	
Hexavalent chromium	
COD 1	
0.35
0.60
0.062
360.
0.17
0.21
0.028
180.
                                        English units (pounds per
                                           1 ,000 gal  of flow)
Phenolic compounds (
Total chromium 	
Hexavalent chromium.
COD 1 	
4AAP ) 	



0.0029
0.0050
0.00052
3.0
0.001 4
0.0018
0.00023
1 .5
    1 See footnote  following  table  in  419.13(d).

419.24  Effluent limitations  guidelines  representing the degree
of effluent reduction  available  by  the application of the best
conventional pollutant  control  technology  (BCT).

(a)  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 conventional pollutant control  technology  (BCT):
                                69

-------
Pollutant or pollutant property
                                       BCT effluent limitations
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)
BODS 	
TSS 	

PH 	
28 2
19.5
8 .4
(D
15 6
12.6
4.5
(D
                                       English units  (pounds per
                                        1,000 bbl of  feedstock)
BOD5 	
TSS 	

PH 	
9 .9
6 .9
3 .0
(D
5. 5
4 4
1 6
(D
    1  Within the range of 6.0 to 9.0

(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
Less than 24.9 	
25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	
150.0 or greater 	

Size
factor
0 91
OQS
1 04
1 1 3
1 57
1 15
1 41

(2)  Process factor.
         Process configuration
               Process
                factor
Less than 2.49
2.5 to 3.49...
3.5 to 4.49. ..
4.5 to 5.49...
                 0.58
                 0.63
                 0.74
                 0.88
                               70

-------
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6.
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19
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53
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89

(3)   See the comprehensive example  in  Subpart  D,  419.42(b)(3).

(c)   The provisions of 419.14(c)  apply to  discharges of process
wastewater pollutants attributable  to  ballast  water by a point
source subject to the provisions  of  this  subpart.

(d)   The quantity and quality of  pollutants  or pollutant proper-
ties controlled by this paragraph,  attributable to  once-through
cooling water, are excluded  from  the discharge allowed by
paragraph (b) of this section.

(e)   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 a'fter the application  of  the best conventional pollu-.
tant .control technology currently available  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  15 mg/1  oil and  grease 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 15 mg/1 oil  and grease  is not  commingled  or
treated with any other type  of  wastewater, the quantity of  pollu-
tants 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:
                               71

-------
Pollutant or pollutant property
                                       BCT 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 cubic meters  of  flow)
BOD 5 	


PH 	
48 .
33 .
1 5
_' (D
26 .
21 .
a
(D
                                       English units  (pounds  per
                                            1 ,000 gal  of  flow)
BOD 5 	
TSS 	
Oil and grease 	
PH 	 	
0.40
0 28
0.13
(D
0.22
0 1 8
0 067
(D
    1 Within the range of 6.0 to 9.0

419.25  Pretreatment standards for existing sources  (PSES).

Except as provided in 40 CFR 403.7 and 403.13 any  existing  source
subject to this subpart which introduces pollutants  into  a
publicly owned treatment works must comply with  40 CFR  Part  403
and achieve the following pretreatment standards for  existing
sources (PSES).  The following standards apply to  the total  refi-
nery flow contribution to the POTW:
Pollutant or pollutant property
             Pretreatment
              standards
             for existing
               sources -
             maximum  for
              anyl day	
                                                     (Milligrams
                                                       per  liter
                                                       (mg/1))
Oil and grease..
Ammonia as N  (1)
                 100
                 100
     1 Where the discharge  to  the POTW  consists  solely  of  sour
      waters,  the owner or operator has  the option  of  complying
      with this limit or the  daily maximum mass  limitation  for
      ammonia  set forth in 419.23(a) and  (b).
                               72

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419.26  Standards of performance for new  sources  (NSPS).

(a)   Any new source subject to this subpart  must  achieve  the
following new source performance standards  (NSPS):
                                        NSPS  effluent  limitations
Pollutant or pollutant property
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)
BODS	
TSS	
COD ( 1 )	,
Oil and grease	,
Phenolic compounds.,
Ammonia as N	,
Sulf ide	-
Total  chromium	,
Hexavalent chromium,
16.3
11 .3
118.
4.8
0.119
18.8
0.105
0.24
0.020
_ (2)
8.7
7.2
61 .0
2.6
0.058
8.6
0.048
0.14
0.0088
(2)
                                         English  units
                                          1 ,000 bbl  of
               (pounds per
               feedstock)
BOD5	,
TSS	
COD ( 1 )	,
Oil and grease	,
Phenolic compounds.,
Ammonia as N	,
Sulf ide	,
Total chromium	,
Hexavalent chromium,
PH	
5.8
4.0
41 .5
1 .7
0.042
6.6
0.037
0.084
0.0072
(2)
3.1
2.5
21.0
0.93
0.020
3.0
0.017
0.049
0.0032
(2)
    1 See footnote following Table  in  419.13(d).
    2 Within the range of  6.0  to  9.0

(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.
                                73

-------
(1)   Size factor.
     1,000 bbl of feedstock per stream day
                                                         Size
                                                        factor
Less than 24.9...
25.0 to 49.9	
50.0 to 74.9	
75.0 to 99.9	
100 to 124.9	
125.0 to 149.9..
150.0 or greater,
                                                         0.91
                                                         0.95
                                                         1 .04
                                                         1 .13
                                                         1 .23
                                                         1 .35
                                                         1 .41
(2)  Process factor.
         Process configuration
                                                       Process
                                                        factor
Less than 2.49.
2.5 to 3.49	
3.5 to 4.49	
4.5 to 5.49. ...
5.5 to 5.99	
6.0 to 6.49	
6.5 to 6.99...
7.0 to 7.49	
7.5 to 7.99	
8.0 to 8.49	
8.5 to 8.99	
9.0 to 9.49	
9.5 or greater,
                                                         0.58
                                                         0.63
                                                         0.74
                                                         0.88
                                                         1 .00
                                                         1 .09
                                                         1 .19
                                                         1 .29
                                                         1 .41
                                                         1 .53
                                                         1 .67
                                                         1 .82
                                                         1 .89
(3)  See the comprehensive  example  in  Subpart  D,  419.42(b)(3).

(c)  The provisions of  419.16(c) apply to  discharges  of  process
wastewater pollutants attributable  to  ballast  water by a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality  of pollutants  or pollutant proper-
ties 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/1.

(e)  Effluent Limitations  for  Runoff-(Reserved)

419.27  Pretreatment standards  for  new sources (PSNS)

Except as  provided  in 40 CFR 403.7,  any new  source  subject  to
this subpart which  introduces  pollutants  into  a publicly owned
treatment  works must comply with 40  CFR Part 403 and  achieve the
following  pretreatment  standards for new  sources (PSNS).
                               74

-------
(a)  The following standards apply  to  the  total  refinery flow
contribution to the POTW:
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any 1 day
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
Oil and Grease..
Ammonia as N (1)
   100
   100
    1 Where the discharge  to  the  POTW consists  solely of sour
      waters, the owner or operator  has  the  option of complying
      with this limit or the  daily maximum mass limitation for
      ammonia set forth in 419.26(a)  and (b).

(b)  The following standard  is  applied to  the  cooling tower
discharge part of the total  refinery flow  to the POTW by
multiplying:  (1) The standard;  (2)  by the total refinery flow to
the POTW; and (3) by the ratio  of the cooling  tower discharge
flow to  the total refinery flow.
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any' 1 day	
Total chromium,
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
                                                          .
                                75

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Subpart C - Petrochemical Subcategory

419.30  Applicability; description of  the petrochemical  sub-
category.

The provisions of this subpart are applicable  to  all  discharges
from any facility that produces petroleum products  by the  use  of
topping/ cracking, and petrochemical operations whether  or not
the facility includes any process in addition  to  topping,
cracking, and petrochemical operations.  The provisions  of this
subpart shall not be applicable, however, to facilities  that
include the processes specified in Subparts D  or  E  of this part.

419.31  Specialized definitions.

For purposes of this subpart:

(a)  The general definitions, abbreviations and methods  of analy-
sis set forth in Part 401 of this chapter and  the specialized
definitions set forth in 419.11 shall  apply.

(b)  The term "petrochemical operations" shall mean the  produc-
tion of second-generation petrochemicals (i.e., alcohols,  keto-
nes, cumene, styrene, etc.) or first generation petrochemicals
and isomerization products (i.e. BTX,  olefins, cyclohexane, etc.)
when 15 percent or more of refinery production is as  first-
generation petrochemicals and isomerization products.

419.32  Effluent limitations guidelines representing  the degree
of effluent reduction attainable by the application of  the best
practicable control technology currently available  (BPT).

(a)  Except as provided in 40 CFR 125.30-.32,  any existing point
source subject to this subpart must achieve the following
effluent limitations representing the  degree of effluent reduc-
tion attainable by the application of  the best practicable
control technology currently available  (BPT):
                                76

-------
Pollutant or pollutant property
                                        BPT  effluent limitations
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
BODS	,
TSS	,
COD ( 1 )	,
Oil and grease	,
Phenolic compounds.,
Ammonia as N	,
Sulf ide	,
Total  chromium	,
Hexavalent chromium,
PH	
                                      Metric  units  (kilograms per
                                            1,000  cubic  meters
                                               of  feedstock)
34.6
23.4
210.0
11 .1
0.25
23.4
0.22
0.52
0.046
(2)
18.4
14.8
109.0
5.9
0.120
10.6
0.099
0.30
0.020
(2)
                                        English  units  (pounds per
                                         1,000 bbl  of  feedstock)
BOD5	
TSS.	
COD (1)	
Oil and grease	
Phenolic compounds..
Ammonia as N	
Sulfide	
Total  chromium	
Hexavalent chromium.
PH	
12.1
8.3
74.0
3.9
0.088
8.25
0.078
0.183
0.016
(2)
6.5
5.25
38.4
2.1
0.0425
3.8
0.035
0.107
0.0072
(2)
    1 See footnote following  table  in  419.13(d).
    2 Within the range of 6.0  to 9.0

(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 24.9
25.0 to 49.9..
50.0 to 74.9. .
75.0 to 99.9..
100 to 124.9..
                 0.73
                 0.76
                 0.83
                 0.91
                 0.99
                               77

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125.0 to 149.9..
150.0 or greater
1.08
1.13
(2)

Less
4.5
5.5
6 Q
6.5
7 .0
7 5
8n
8.5
9 0
9 .5

Process factor.
Process configuration

to 5.49 	
to 5.99 	

to 6.99 	




to 9.49 	



Process
factor
0.73
0.80
0.91
0.99
1 .08
1.17
1 .28
1 .39
1.51
1 .65
1 .72

(3)  See the comprehensive example  in Subpart 0,  419.42(b)(3) .

(c)  The provisions of 419.12(c) apply  to discharges  of  process
wastewater pollutants attributable  to ballast water by  a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality of pollutants or  pollutant proper-
ties 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/1 .

(e)  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 practicable control
technology currently available 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 15  mg/1 oil and  grease  and 110
mg/1 total organic carbon (TOG) 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 15 mg/1 oil and grease or  110  mg/1  TOG 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
                                78

-------
determined by the permit writer  times  the  concentrations listed
in the following table:
                                        BPT effluent limitations
                                        for contaminated runoff
Pollutant or pollutant property
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 flow)
BODS	
TSS	
COD (1)	
Oil and grease	
Phenolic compounds  (4AAP)
Total chromium	
Hexavalent chromium	
PH	
48.
33.
360.
15.
0.35
0.73
0.062
(2)
26.
21.
180.
8.
0. 17
0.43
0.028
(2)
                                        English units (pounds per
                                           1,000 gal of flow)
BODS	
TSS	
COD {1)	
Oil and grease	
Phenolic compounds  (4AAP)
Total chromium	
Hexavalent chromium	
0.40
0.28
3.0
0.13
0.0029
0.0060
0.00052
(2)
0.22
0.18
1 .5
0.067
0.0014
0.0035
0.00023
(2)
    1 See footnote  following  table  in  419.13(d).
    2 Within the  range of  6.0  to  9.0

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-.32,  any existing point
source subject  to this subpart must achieve the following
effluent limitations representing the  degree of effluent reduc-
tion attainable by  the application  of  the best available tech-
nology economically achievable (BAT):
                               79

-------
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 cubic  meters
                                             of feedstock)
COD (1)	,
Ammonia as N.
Sulf ide	
210.
23.4
0.22
109.
10.6
0.099



74 .0
8.25
0.078
38 .4
3.8
0.035
                                       English  units  (pounds  per
                                        1,000 bbl of  feedstock)

COD (1)                               ~
Ammonia
Sulfide

    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

25.0 to 49. 9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	


Size
factor
0 73
0.76
0.83
0.91
0.99
1 .08
1 1 3

 (2)  Process factor.
         Process configuration
               Process
                factor
Less than  4.49
4.5 to  5.49...
5.5 to  5.99...
6.0 to  6.49. ..
6.5 to  6.99. ..
7.0 to  7.49. ..
                  0.73
                  0.80
                  0.91
                  0.99
                  1.08
                  1.17
                                80

-------
7.5
8.0
8.5
9 0
9 .5

to
to
to
to
or

7.99 	
8.49 	
8 .99 	
9. 49 	


1 28
1 .39
1 .51
1 .65
1 .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):

For each of the regulated pollutant  parameters listed  below,  the
effluent limitation for a given refinery is the  sum of the  pro-
ducts of each effluent limitation factory  times  the applicable
refinery 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.
                                        BAT  effluent  limitation
                                                factor
Po.llutant or pollutant property
     and process type
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):
Crude 	
Cracking and coking 	
Asphalt 	


Total chromium:
Cracking and coking 	

Lube 	
Reforming and alkvlation 	
0 037
0.419
0 226
1 055
0 377
0 010
0 340
n 1ST
0 855
0.505
0 009
0 1 02
0 055
0 257
0 092
0 0 1 1
0 118
Of\CA
Q 297
0.106
                               81

-------
Hexavalent chromium:



Reforming and alkylation 	
0.001 9
0 0218
0.01 17
0.0549
0.0196
n nnoq
OnoQfl
0.0053
0 0248
0.0088
                                       English  units  (pounds per
                                         1 ,000 bbl  of  feedstock)
Phenolic compounds (4AAP):
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Total chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
Hexavalent chromium:
 Crude	
 Cracking and coking	
 Asphalt	
 Lube	
 Reforming and alkylation.
0.013
0.147
0.079
0.369
0.132
0.011
0.119
0.064
0.299
0.107
0.0007
0.0076
0.0041
0.0192
0.0069
0.003
0.036
0.019
0.090
0.032
0.004
0.041
0.022
0.104
0.037
0.0003
0.0034
0.0019
0.0087
0.0031
(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 proper-
ties controlled by this paragraph,  attributable  to once-through
cooling water, are excluded  from the  discharge allowed by
paragraphs (b) and (c) of this  section.  Once-through cooling
water may be discharged with a  total  organic  carbon  concentration
not to exceed 5 mg/1.

(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 sub-
part.

(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/1  total  organic  carbon
(TOC) based upon an analysis of any single grab  or composite
sample.
                                82

-------
(2)  If contaminated runoff  is commingled  or  treated  with process
wastewater, or if wastewater consisting  solely  of  contaminated
runoff which exceeds 110 mg/1 TOG  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:
                                        BAT  effluent  limitations
                                        for  contaminated  runoff
Pollutant or pollutant property
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  flow)
Phenolic compounds (4AAP)
Total chromium	
Hexavalent chromium	
COD (1)	
0.35
0.60
0.062
360.
0.17
0.21
0.028
180.
                                        English  units (pounds per
                                            1,000  gal of  flow)
Phenolic compounds ( 4AAP) 	


COD ( 1 ) 	
0.0029
0.0050
0.00052
3.0
0.001 4
0.0018
0.00023
1.5
    1 See footnote  following  table  in  419.13(d).

419.34  Effluent  limitations  guidelines  representing  the degree
of effluent reduction available  by  the application  of the best
conventional pollutant  control  technology  (BCT).

(a)  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 conventional pollutant control technology  (BCT):
                               83

-------
Pollutant or pollutant property
                                       BCT effluent limitations
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)

TSS 	

PH 	 	
34.6
23.4
11.1
(D
18.4
14.8
5.9
(D
                                       English units (pounds per
                                        1 ,000 bbl of feedstock)
BOD5 	
TSS 	

PH 	
1 2 1
8.3
3.9
(D
6 5
5 25
2 1
(D
    1 Within the range of 6.0 to 9.0

(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
Less than 24.9 	
25.0 to 49.9 	
50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	
150.0 or greater 	

Size
factor
0 73
0 76
0.83
0 91
0.99
1 08
1 1 3

(2)  Process factor.
         Process configuration
                Process
                factor
Less than 4.49
4.5 to 5.49...
5.5 to 5.99...
6.0 to 6.49. . .
                 0.73
                 0.80
                 0.91
                 0.99
                               84

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6.
7
7.

8.
Q.
9.

5
n
5
o
5
n
5

to
to
to
to
to
to
or

6
7
7
8
8
9
n
3






f

99 	
49 	
99 	
49 	
99 	
49 	


1
1
1
1
1
1
1









08
17
28
39
51
65
72

(3)   See the comprehensive example  in  Subpart  D,  419.42(b)(3).

(c)   The provisions of 419.14(c) apply to  discharges  of  process
wastewater pollutants attributable  to  ballast  water by a point
source subject to the provisions of  this subpart.

(d)   The quantity and quality of pollutants  or pollutant proper-
ties controlled by this paragraph,  attributable to once-through
cooling water, are excluded  from the discharge allowed by
paragraph (b) of this section.

(e)   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 conventional pollu-
tant control technology by a point  source  subject  to  this sub-
part.

(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 15 mg/1 oil and  grease  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 15 mg/1 oil and grease  is not commingled  or
treated with any other type  of wastewater, the quantity  of  pollu-
tants 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:
                               85

-------
Pollutant or pollutant property
                                       BCT 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 cubic meters  of  flow)
BOD5 	
TSS 	

PH 	
48
33 .
15.
_ (D
26
21 .

(D
                                       English units  (pounds  per
                                          1,000 gal of  flow)
BOD5 	
TSS 	
Oil and grease 	
DH 	
0 40
0 28
0.13
f 1 }
0 22
0 18
0.067
( 1 )
    1 Within the range of 6.0 to 9.0

419.35  Pretreatment standards for existing sources  (PSCS).

Except as provided in 40 CFR 403.7 and 403.13 any existing source
subject to this subpart which introduces pollutants  into a
publicly owned treatment works must comply with 40 CFR Part  403
and achieve the following pretreatment standards for existing
sources (PSES).  The following standards apply to the total  refi-
nery flow contribution to the POTW:
Pollutant or pollutant property
             Pretreatment
              standards
             for existing
               sources -
             maximum for
              any 1 day
                                                     (Milligrams
                                                      per  liter
                                                      (mg/l)}
Oil and Grease..
Ammonia as N (1)
                100
                100
    1 Where the discharge to the POTW consists solely of  sour
      waters, the owner or operator has the option of complying
      with this limit or the daily maximum mass limitation  for
      ammonia set forth in 419.33{a) and (b).
                               86

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419.36  Standards of performance for new  sources  (NSPS).

(a)   Any new source subject to this subpart  must  achieve  the
following new source performance standards  (NSPS):
Pollutant or pollutant property
                                       NSPS  effluent  limitations
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)
TSS 	
COD (1 ) 	
Oil and grease 	


Sulf ide 	

Hexavalent chromium 	
PH 	 	 	
t. 1 • O
1 4 9
1 33
6 6
Q 1 58
23 .4
0. 1 40
0 32
0 .025
(2)
1 1 . O
Q S
p. a ft
•a c
o 077
1 0 7
0 063
n 1 Q
0 012
(2)
                                         English  units  (pounds  per
                                          1 ,000 bbl  of  feedstock)
BODS 	
TSS 	
COD { 1 ) 	
Oil and grease 	

Ammonia as N 	
Sulf ide. 	 	

Hexavalent chromium 	
PH.. 	 	 	
7 7
5 2
47 .n
2 4
0 056
8 3
0. 050
0 116
0 0096
(2)
4 1
•J •*
24 0
1 1
o 027
1 8
n 022
n fifift
Onn 44
(2)
    1  See footnote following Table  in 419.13(d).
    2  Within the range of 6.0 to 9.0

(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.
                               87

-------
(1)  Size factor.
     1,000 bbl of feedstock per stream day
                                                         Size
                                                        factor
Less than 24.9 ..
25.0 to 49.9	
50.0 to 74.9	
75.0 to 99.9	
100 to 124.9.
125.0 to 149.9..
150.0 or greater
                                                         0.73
                                                         0.76
                                                         0.83
                                                         0.91
                                                         0.99
                                                         1.08
                                                         1.13
(2)  Process factor.
         Process configuration
                                                       Process
                                                        factor
Less than 4.49
4.5
5.5
    to 5
    to 5
     49
     99
6.0
6.5
  ,0 to 7
    to 7
7,
7.5
to 6.49
to 6.99
     49
     99
8.0 to 8.49	
8.5 to 8.99	
9.0 to 9.49	
9.5 or greater,
0.73
0.80
0.91
0.99
1.08
1.17
1 .28
1.39
1 .51
1 .65
1 .72
(3)  See the comprehensive example  in Subpart  D,  419.42(b)(3).

(c)  The provisions of 419.16(c) apply  to discharges  of  process
wastewater pollutants attributable  to ballast  water  by  a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality of pollutants or pollutant proper-
ties 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/1.

(e)  Effluent Limitations for Runoff -  (Reserved)

419.37  Pretreatment standards for  new  sources (PSNS)

Except as provided in 40 CFR 403.7,  any new source subject  to
this subpart which introduces pollutants into  a  publicly owned
treatment works must comply  with 40  CFR Part 403  and  achieve  the
following pretreatment standards for new sources  (PSNS).

(a) The following standards  apply to the total refinery  flow
contribution to the POTW:
                               88

-------
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any 1 day
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
Oil and grease..
Ammonia as N (1)
   100
   100
    1  Where the discharge to the POTW  consists  solely  of  sour
      waters, the owner or operator  has  the  option  of  complying
      with this limit or the daily maximum mass limitation for
      ammonia set forth in 419.36(a) and  (b).

(b)  The following standard  is  applied to the cooling  tower
discharge part of the total  refinery flow to the  POTW  by
multiplying:  (1) The standard;  (2)  by the total  refinery flow  to
the POTW; and (3) by the ratio  of the  cooling tower discharge
flow to the total refinery flow.
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any 1 day
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
Total chromium	j_~
     1
                                89

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Subpart D - Lube Subcategory

419.40  Applicability; description of the lube  subcategory.

The provisions of this subpart are applicable to  all  discharges
from any facility that produces petroleum products  by the  use  of
topping/ cracking, and lube oil manufacturing processes, whether
or not the facility includes any process in addition  to  topping,
cracking, and lube oil manufacturing processes.   The  provisions
of this subpart are not applicable, however, to facilities  that
include the processes specified in Subparts C and E of this  part.

419.41  Specialized definitions.

The general definitions, abbreviations and methods  of analysis
set forth in Part 401 of this chapter and the specialized  defini-
tions set forth in 419.11 shall apply to this subpart.

419.42  Effluent limitations guidelines representing  the degree
of effluent reduction attainable by the application of the  best
practicable control technology currently available  (BPT).

(a)  Except as provided in 40 CFR 125.30-.32, any existing  point
source subject to this subpart must achieve the following
effluent limitations representing the degree of effluent reduc-
tion attainable by the application of the best  practicable
control technology currently available (BPT):
Pollutant or pollutant property
                                           effluent limitations
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
BODS	,
TSS	
COD ( 1 )	,
Oil and grease	,
Phenolic compounds.
Ammonia as N	,
Sulfide	,
Total chromium	,
Hexavalent chromium,
PH	
                                      Metric units  (kilograms  per
                                            1 ,000 cubic meters
                                              of feedstock)
50.6
35.6
360.
16.2
0.38
23.4
0.33
0.77
0.068
(2)
25.8
22.7
187.
8.5
0.184
10.6
0.150
0.45
0-.030
(2)
                               90

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                                        English  units  (pounds  per
                                         1,000 bbl  of  feedstock)






Sulf ide 	


PH 	
17.9
12.5
127 .
5.7
0.133
8.3
0.118
0.273
0.024
(2)
9. 1
8.0
66.0
3.0
0 065
3.8
0.053
0. 160
0.011
(2)
    1  See footnote following table  in  419.13(d).
    2  Within the range of 6.0 to 9.0

(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

50.0 to 74.9 	
75.0 to 99.9 	
100.0 to 124.9 	
125 0 to 149. 9 	
150.0 to 174.9 	
175.0 to 199.9 	


Size
factor
0.71
0.74
0 81
0.88
0 97
1 05
1 1 4
1.19

(2)  Process factor.
Process configuration

6.5 to 7.49 	
7.5 to 7.99 	
8.0 to 8.49 	
8.5 to 8.99 	
9.0 to 9.49 	 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	


Process
factor
0 8 1
0.88
1 .00
1 .09
1.19
1 .29
1.41
1 53
1 .67
1 82
i 93
2.15
2.34
2 44

                               91

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(3)   Example of the application of  the above  factors
Lube refinery 125/000 bbl per stream day throughput.

                   CALCULATION OF THE PROCESS
                          CONFIGURATION
                          Example  -
Process category
Process included
Weighting
  factor
Crude
Cracking and coking
Lube

Asphalt,
A tin crude distillation....
Vacuum crude distillation
Desalting	
Fluid cat. cracking	'..
Visbreaking	
Thermal cracking	
Moving bed cat. cracking..
Hydrocracking	
Fluid coking	•.	
Delayed coking	
Further defined in the de-
  velopment document.
Asphalt production	
Asphalt oxidation	
Asphalt emulsifying	
        1
       13

       12
Process
Crude:
Atm 	

Desalting. . . .
Total 	
Cracking:
FCC 	
Hydro-
cracking 	


Total 	
Asphalt : 	
Total 	

Capacity
( 1 ,000 bbl
per stream
day)
125.0
60.0
125.0
41.0
20.0
5.3
4.0
4.9
4.0

Capacity
relative to
through-
put
1.0
0.48
1.0
2.48
0.328
0.160
0.488
0.042
0.032
0.039
0.1 13
0.032
0.032
Refinery proces
Weight-
ing
Factor
X1
X6
X13
X12
s configura
Process
configu-
ration
= 2.48
= 2.93
= 1 .47
= 0.38
tion=7. 26
                               92

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    Notes:
See Table 419.42(b)(2) for process  factor.   Process factor = 0.88,
See Table 419.42(b)(1) for size  factor  for  125,000 bbl per stream
day lube refinery.  Size factor  = 0.97.
To calculate the limits for each parameter,  multiply the limit
given in 419.42(a) by both the process  factor  and size factor.
BODS limit (maximum for any 1 day)  =  17.9 x  0.88  x 0.97 = 15.3 Ib,
per 1,000 bbl of feedstock.

(c)  The provisions of 419.12(c) apply  to discharges of process
wastewater pollutants attributable  to ballast  water by a point
source subject to the provisions of  this  subpart.

(d)  The quantity and quality of pollutants  or pollutant proper-
ties 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/1.

(e)  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 practicable control
technology currently available 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 15 mg/1  oil and  grease and 110
mg/1 total organic carbon (TOG)  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 15 mg/1 oil and grease  or 110 mg/1 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:
                               93

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Pollutant or pollutant property
                                       BPT 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 cubic meters  of  flow)
BODS	
TSS	
COD (1)	
Oil and grease	
Phenolic compounds (4AAP)
Total  chromium	
Hexavalent chromium	
PH	
48.
33.
360.
15.
0.35
0.73
0.062
_ (2)
26.
21 .
180.
8.
0.17
0.43
0.028
(2)
                                       English units  (pounds  per
                                           1 ,000 gal of  flow)
BOD5 	
TSS 	
COD ( 1 ) 	 - 	
Oil and Grease 	



PH 	
0 40
0.28
3.0
0. 13
0 0029
0 0060
0.00052
(2)
0 22
0.18
1 .5
0.067
0 0014
0 0035
0.00023
(2)
    1 See footnote following table  in  419.13(d).
    2 Within the range of  6.0  to 9.0

419.43  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-.32/  any  existing  point
source subject to this subpart must achieve  the  following
effluent limitations representing the  degree  of  effluent  reduc-
tion attainable by the application  of  the best available  tech-
nology economically achievable (BAT):
                               94

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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  cubic  meters
                                              of  feedstock)
COD (1)	
Ammonia as N
Sulfide	
360.
23.4
0.33
187.
10.6
0.150

as N 	

1 27 .
8.3
0.118
66.0
3.8
0.053
                                        English  units  (pounds per
                                         1,000 bbl  of  feedstock)

COD (1)
Ammonia
Sulfide

    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

50.0 to 74.9 	
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	
150.0 to 174.9 	
175.0 to 199.9 	
200.0 or greater 	

Size
factor
0 .71
0.74
0.81
0.88
0.97
1 .05
1.14
1.19

 (2)  Process  factor.
         Process  configuration
               Process
                factor
Less  than  6.49
6.5 to 7.49...
7.5 to 7.99...
8.0 to 8.49.. .
8.5 to 8.99.. .
                 0.81
                 0.88
                 1 .00
                    09
                  1 .19
                               95

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9.0 to 9.49 	
9.5 to 9.99 	
10 0 to 10.49 	
10 5 to 10.99 	

11.5 to 11.99 	

12.5 to 12.99 	


1 29
1.41
1 53
1 .67
1 .82
1 .98
2.15
2.34
2.44

(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):

For each of the regulated pollutant parameters listed  below,  the
effluent limitation for a given refinery is the  sum of the pro-
ducts of each effluent limitation factory times  the applicable
refinery 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.
                                       BAT effluent  limitation
                                               factor
Pollutant or pollutant property
     and process type
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):
Crude 	
Cracking and coking 	
Asphal t 	
Lube 	

0 037
0.419
0.226
1 055
0.377
0 009
0.102
0 055
0 257
0.092
                               96

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Total chromium:




Hexavalent chromium:



Reforming and alkylation 	
0.030
0 340
0.183
0.855
0 305
0.0019
0.0218
0.0117
0.0549
0.0196
0 011
0 118'
0.064
0.297
0.106
0.0009
0.0098
0.0053
0.0248
0.0088
                                       English units  (pounds per
                                        1 ,000 bbl of  feedstock)
Phenolic compounds (4AAP):




Total chromium:
Crude 	

Asphalt 	


Hexavalent chromium:
Crude 	




0.013
O.i 47
0.079
0. 369
0.132
0.011
0.119
0.064
0.299
0.107
0.0007
0 0076
0 0041
0 0192
0.0069
0.003
0 036
0.019
0.090
0.032
0.004
0 041
0.022
0.104
0 037
0.0003
0 0034
0 0019
0.0087
0.0031
(2)   Example Application of Effluent Limitations Guidelines  as
Applicable to Phenolic Compounds, Hexavalent Chromium, and Total
Chromium.

The following example presents the derivation of a BAT phenolic
compounds (4AAP) effluent limitation (30 day average) for a
petroleum refinery permit.  This methodology is also applicable
to hexavalent chromium and total chromium.
                               97

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                                            Process  Feedstock Rate
Refinery Process	< 1 ,000. bbl/day)	

1.  Atmospheric Crude Distillation           100
2.  Crude Desalting                           50
3.  Vacuum Crude Distillation                 75
      Total Crude Processes  (C)                           225
6.  Fluid Catalytic Cracking                  25
10. Hydrocracking                             20
      Total Cracking and Coking  Processes  (K"J              45
18. Asphalt Production                         5
      Total Asphalt Processes  (A)                           5
21. Hydrofining                                3
      Total Lube Processes  (L)                              3
8.  Catalytic Reforming                       10
      •Total Reforming and Alkylation
	Processes (R)	;	Kl	

Note:  30 day average effluent limitation  for  phenolic  compounds
(4AAP), Ib/day = (0.003)(225)  +  (0.036)(45)  +  (0.019}(5)  +
(0.090)(3) + (0.032)(10) =  2.98  Ib/day.

(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 proper-
ties controlled by this paragraph,  attributable  to once-through
cooling water, are excluded  from the discharge allowed  by
paragraphs (b) and (c) of this section.  Once-through cooling
water may be discharged with a total organic carbon concentration
not to exceed 5 mg/1.

(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 sub-
part.

(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/1  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/1  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
                               98

-------
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 cubic meters  of  flow)
Phenolic compounds (4AAP)
Total chromium	
Hexavalent chromium	
COD1	
0.35
0.60
0.062
360.
0.17
0.21
0.028
180.
                                       English  units  (pounds  per
                                            1 ,000 gal  of  flow)
Phenolic compounds (

Hexavalent chromium.
COD ( 1 ) 	
4AAP) 	



0.0029
0.0050
0.00052
3.0
0.0014
0.0018
0.00023
1.5
    1 See footnote following table  in  419.13(d).

419.44  Effluent limitations guidelines  representing  the  degree
of effluent reduction available by  the application  of  the best
conventional pollutant control technology  (BCT).

(a)  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 conventional pollutant control  technology  (BCT):
Pollutant or pollutant property
                                        BCT effluent  limitations
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)
BODS 	
TSS 	
Oil and grease 	
PH 	
50 6
35 6
16.2
(D
25 a
22 7
8.5
(D
                               99

-------
                                        English units (pounds per
                                         1,000  bbl  of feedstock)
BOD5 	
TSS 	

PH 	
17 9
125
5 7
(D
91
8n
3n
• u
(1)
    1  Within the range of  6.0  to  9.0

(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

50.0 to 74.9 	
75.0 to 99.9 	
100.0- to 124.9 	
125.0 to 149.9 	
150.0 to 174.9 	
175.0 to 199.9 	


(2) Process factor.
Process configuration

6.5 to 7.49 	
7.5 to 7.99 	
8.0 to 8.49 	
8.5 to 8.99..... 	 	 	
9.0 to 9.49 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	


Size
factor
n 71
074
Oft 1
088
n Q7
i ns
1 14
1 1 Q


Process
factor
08 1
n AR
i on
1 OQ
1 10
I . 1 7
1 7Q
1 . £7
1 41
1 ^7
1 fi7
1 89
1 QQ
9 1 ^
9 "34,
9 44

(c)  The provisions of 419.14(c) apply to discharges of  process
wastewater pollutants attributable to ballast water by a point
source subject to the provisions of this subpart.

(d)  The quantity and quality of pollutants or pollutant proper-
ties controlled by this paragraph, attributable  to once-through

                               100

-------
cooling water, are excluded  from  the  discharge  allowed by
paragraph (b) of this section.

(e)  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  conventional pollu-
tant control technology by a point  source subject  to  this sub-
part.

(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  15 mg/1 oil  and grease 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 15 mg/1 oil  and  grease is  not  commingled or
treated with any other type  of wastewater,  the  quantity of pollu-
tants 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:
                                        BCT  effluent  limitations
                                        for  contaminated  runoff
Pollutant or pollutant property
Maximum for
any 1  day
Average of
daily values
   for 39
consecutive
days shall
not exceed
                                       Metric  units  (kilograms per
                                       1,000 cubic meters  of flow)
BOD5 	
TSS 	

PH 	
48
33.
i 5
(D
26
21 .
a
(D
                                        English units (pounds per
                                            1 ,000 gal of flow)
TSS 	
Oil and grease 	
PH 	
u . t\j
0.28
0 1 3
M>
U . f. &
0 1 8
0 067
(D
    1 Within the range of  6.0  to  9.0

419.45  Pretreatment standards  for  existing  sources (PSES).

Except as provided  in 40 CFR 403.7  and  403.13  any existing source
subject to this subpart which  introduces  pollutants into a
                              101

-------
publicly owned treatment works must comply with 40 CFR  Part  403
and achieve the following pretreatment standards  for  existing
sources (PSES).  The following standards apply to  the total  refi-
nery flow contribution to the POTW:
Pollutant or pollutant property
             Pretreatment
              standards
             for existing
               sources -
             maximum for
              any 1 day
                                                     (Milligrams
                                                       per  liter
                                                       (rag/1))
Oil and Grease..
Ammonia as N (1)
                100
                100
    1 Where the discharge to the POTW consists solely  of  sour
      waters, the owner or operator has the option  of  complying
      with this limit or the daily maximum mass  limitation  for
      ammonia set forth in 419.43(a) and  (b).

419.46  Standards of performance for new  sources  (NSPS).

(a)  Any new source subject to this subpart must  achieve  the
following new source performance standards (NSPS) :
                                       NSPS effluent  limitations
Pollutant or pollutant property
Maximum for
any 1  day
Average of
daily values
   for 30
consecutive
days shall
not exceed
BODS	
TSS	
COD (1)	
Oil and grease	
Phenolic compounds..
Ammonia as N	
Sulfide	
Total chromium	
Hexavalent chromium,
PH	
                                      Metric  units  (kilograms  per
                                           1,000 cubic  meters
                                              of feedstock)
34.6
23.4
245.
10.5
0.25
23.4
0.220
0.52
0.046
(2)
18.4
14.9
126.
5.6
0.12
10.7
0.10
0.31
0.021
(2)
                                102

-------
                                         English units (pounds per
                                          1,000 bbl of feedstock)
BODS	
TSS	
COD ( 1)	,
Oil and grease	
Phenolic compounds..
Ammonia as N	
Sulfide	
Total chromium	,
Hexavalent chromium.
pH	,
12.2
8.3
87.0
3.8
0.088
8.3
0.078
0.180
0.022
(2)
6.5
5.3
45.0
2.0
0.043
3.8
0.035
0.105
0.0072
(2)
    1 See footnote following  table  in 419.13(d).
    2 Within the range of  6.0  to  9.0

(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
Less than 49.9 	
50.0 to 74.9 	 ;...
75.0 to 99.9 	
100 to 124.9 	
125.0 to 149.9 	
150.0 to 174.9 	
175.0 to 199.9 	


Size
factor
071
074
0 81
0 88
0.97
1 .05
1.14
1 19

(2)  Process factor.
Process configuration

6.5 to 7.49 	
7.5 to 7.99 	
8.0 to 8.49 	
8.5 to 8.99 	
9.0 to 9.49 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	
13.0 or greater 	

Process
factor
OR 1
0 88
1 00
1 09
1 1 9
1 29
1 41
1 53
1 .67
1 82
1 98
2 1 5
2 14
2 44

                                103

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(3)  See the comprehensive example  in Subpart D,  419.42(b)(3).

(c)  The provisions of 419.16(c) apply to discharges  of  process
wastewater pollutants attributable  to ballast water by  a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality of pollutants or  pollutant proper-
ties 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/1.

(e)  Effluent Limitations for Runoff - (Reserved).

419.47  Pretreatment standards for  new sources  (PSNS)

Except as provided in 40 CFR 403.7,  any new source subject  to
this subpart which introduces pollutants into a  publicly owned
treatment works must comply with 40  CFR Part 403  and  achieve  the
following pretreatment standards for new sources  (PSNS).

(a) The following standards apply to the total  refinery  flow
contribution to the POTW:
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any 1 day
                                                     (Milligrams
                                                      per  liter
                                                      (mg/1))
Oil and grease. .
Ammonia as N (1)
   100
   100
    1 Where the discharge to the POTW consists  solely  of  sour
      waters, the owner or operator has  the option  of  complying
      with this limit or the daily maximum mass  limitation  for
      ammonia set forth in 419.46(a) and  (b).

(b.)  The following standard is applied to the cooling  tower
discharge part of the total refinery flow to the POTW  by
multiplying:  (1) The standard;  (2) by the total refinery flow  to
the POTW; and (3) by the ratio of the cooling tower discharge
flow to the total refinery flow.
                               104

-------
Pollutant or pollutant property
  Pretreatment
   standards
    for new
    sources -
  maximum for
   any 1  day
Total chromium.
•L
(Milligrams
  per liter
  (mg/1))

     i
                               105

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Subpart E - Integrated Subcategory

419.50  Applicability; description of  the  integrated  subcategory,

The provisions of this subpart are applicable  to all  discharges
from any facility that produces petroleum  products  by the  use  of
topping, cracking, lube oil manufacturing  processes,  and
petrochemical operations, whether or not the facility includes
any process- in addition to topping, cracking,  lube  oil manufac-
turing processes, and petrochemical operations.

419.51  Specialized definitions.

The general definitions, abbreviations and methods  of analysis
set forth in Part 401 of this chapter  and  the  specialized  defini-
tions set forth in 419.31 shall apply  to this  subpart.

419.52  Effluent limitations guidelines representing  the degree
of effluent reduction attainable by the application of the best
practicable control technology currently available  (BPT).

(a)  Except as provided in 40 CFR 125.30-.32,  any existing point
source subject to this subpart must achieve the following
effluent limitations representing the  degree of effluent reduc-
tion attainable by the application of  the  best practicable
control_technology currently available (BPT):
Pollutant or pollutant property
                                       BPT effluent  limitations
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)
BODS	
TSS	
COD (1)	
Oil and grease	
Phenolic compounds.,
Ammonia as N	
Sulfide	
Total chromium	
Hexavalent chromium.
PH	
54.4
37.3
388.
17.1
0.40
23.4
0.35
0.82
0.068
_ (2)
28.9
23.7
198.
9.1
0.192
10.6
0.158
0.48
0.032
(2)
                               106

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                                        English units (pounds per
                                         1,000 bbl of feedstock)
BODS	,
TSS	
COD ( 1 )	
Oil and  grease	
Phenolic compounds..
Ammonia as N	,
Sulfide	,
Total  chromium	
Hexavalent chromium.
pH	
19.2
13.2
136.
6.0
0.14
8.3
0.124
0.29
0.025
(2)
10.2
8.4
70.0
3.2
0.068
3.8
0.056
0.17
0.011
(2)
    1 See footnote following  table  in  419.13(d).
    2 Within the range of 6..0  to  9.0

(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 124.9
125.0 to 149.9.
150.0 to 174.9.
175.0 to 199.9.
200.0 to 224.9.
225 or greater.
 0:73
 0.76
 0.83
 0.91
 0.99
 1 .04
(2)  Process  factor.
Process configuration

6.5 to 7.49 	
7.5 to 7. 99 	
8.0 to 8.49 	
8.5 to 8.99 	
9.0 to 9.49 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	


Process
factor
0 75
0 .82
0 92
1 .00
1 1 0
1 .20
1 3Q
1 .42
1 .54
1 68
1 .83
1 .99
2 1 7
2 26

                               107

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(3)  See the comprehensive example  in Subpart D,  419.42(b)(3) .

(c)  The provisions of 419.12(c) apply  to discharges  of  process
wastewater pollutants attributable  to ballast water  by a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality of pollutants or  pollutant proper-
ties 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/1.

(e)  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 practicable control
technology currently available 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 15 mg/1 oil and  grease  and  110
mg/1 total organic carbon (TOG) 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 15 mg/1 oil and grease or  110 mg/1  TOG  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:
                                108

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Pollutant or pollutant property
                                       BPT  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 cubic meters  of  flow)
BODS	
TSS	
090 ( 1 )	
Oil and  grease	
Phenolic compounds (4AAP)
Total  chromium	
Hexavalent chromium	
48.
33.
360.
15.
0.35
0.73
0.062
(2)
26.
21 .
180.
8.
0.17
0.43
0.028
(2)
                                        English  units  (pounds  per
                                           1 ,000 gal of  flow)
BODS	
TSS	
COD ( 1 )	
Oil and  grease	
Phenolic compounds (4AAP)
Total  chromium	
Hexavalent chromium	
PH	
0.40
0.28
3.0
0.13
0.0029
0.0060
0.00052
(2)
0.22
0.18
1 .5
0.067
0.0014
0.0035
0.00023
(2)
    1  See footnote following table  in  419.13(d).
    2 Within the range of 6.0 to 9.0

419.53  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-.32,  any  existing  point
source subject to this subpart must achieve  the  following
effluent limitations representing the  degree  of  effluent  reduc-
tion attainable by the application  of  the  best available  tech-
nology economically achievable (BAT):
                               109

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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 cubic meters
                                             of feedstock)
COD (1 ) .
Ammonia
Sulfide.



388 .
23.4
0.35
198.
10.6
0.158
                                       English units  (pounds per
                                        1,000 bbl of  feedstock)
COD { 1 ) .
Ammonia
Sulfide,

as N 	

136.
8.3
0.124
70 .0
3.8
0.056
    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

125.0 to 149.9 	
150.0 to 174.9 	
175.0 to 199.9 	
200.0 to 224.9 	
225 or greater 	

Size
factor
0.73
0.76
0.83
0.91
0.99
1 .04

 (2)  Process  factor.
Process configuration
                                                       Process
                                                        factor
Less  than 6.49
6.5 to 7.49...
7.5 to 7.99...
8.0 to 8.49...
8.5 to 8.99.. .
9.0 to 9.49...
9.5 to 9.99...
                                               0.75
                                               0.82
                                               0.92
                                               1.00
                                               1 .10
                                               1 .20
                                               1 .30
                               no

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10
10
1 1
1 1
12
12
13









0
5
n
5
o
5
n

to
to
to
to
to
to
or

1
1
1
1
1
1


0
o
1
1
2
2
TT









49 	
99 	
49 	 ; . .
99 	
49 	
99 	


1
1
i
i
1
2
2









42
54
68
83
99
17
26

(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):

For each of the regulated pollutant  parameters  listed  below,  the
effluent limitation for a given refinery is the  sum  of the  pro-
ducts of each effluent limitation factory times  the  applicable
refinery 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  JII-7, pp.  49-54.
                                       BAT effluent  limitation
                                                factor
Pollutant or pollutant property
     and process type
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):
Crude 	
Cracking and coking 	
Asphal t 	
Lube 	
Reforming and alkylation 	
Total chromium:
Crude 	

Asphalt 	
Lube 	

0 037
0 419
0 226
1 055
0. 377
0 030
0 340
0181
0 855
0.305
0 009
0 102
0 055
0 257
0 092
On 1 1
0118
0 Ofi4
0 297
0.106
                                m

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Hexavalent chromium:



Reforming and alkylation 	
0.0019
0.0218
0.0117
0.0549
0.0196
0.0009
0 0098
0.0053
0.0248
0.0088
                                       English units  (pounds  per
                                        1,000 bbl of  feedstock)
Phenolic compounds (4AAP):




Total chromium:




Hexavalent chromium:

Asphalt 	


0.013
0 1 47
0.079
0.369
0.132
0.011
0.119
0.064
0.299
0. 1 07
0 0007
0.0076
0.0041
0.0192
0.0069
0.003
0 036
0.019
0.090
0.032
0.004
0.041
0.022
0.104
0.037
0 0003
0.0034
0 0019
0.0087
0.0031
(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 proper-
ties controlled by this paragraph, attributable to once-through
cooling water, are excluded from the discharge allowed by
paragraphs (b) and (c) of this  section.  Once-through cooling
water may be discharged with a  total organic carbon  concentration
not to exceed 5 mg/1.

(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 sub-
part.

(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/1 total organic  carbon
(TOG) based upon an analysis of any single grab or composite
sample.
                               112

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(2) If contaminated runoff  is commingled  or  treated  with process
wastewater/ or if wastewater consisting solely  of  contaminated
runoff which exceeds 110 mg/1 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:
                                        BAT  effluent  limitations
                                        for  contaminated  runoff
Pollutant or pollutant property
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  flow)
Phenolic compounds (4AAP)
Total chromium	
Hexavalent chromium	
COD (1)	
0.35
0.60
0.062
360.
0.17
0.21
0.028
180.
                                        English  units  (pounds per
                                           1 ,000  gal of  flow)
Phenolic compounds (

Hexavalent chromium.
COD ( 1 ) 	
4AAP) 	



0.0029
0 .0050
0.00052
3.0
0.0014
0 0018
0.00023
1 .5
    1 See footnote following  table  in  419.13(d).

419.54  Effluent limitations  guidelines  representing  the degree
of effluent reduction available  by  the application  of the best
conventional pollutant  control technology  (BCT).

(a)  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 conventional pollutant control technology  (BCT):
                               113

-------
Pollutant or pollutant property
                                       BCT effluent limitations
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)



pH 	 .- 	
54.4
37.3
17. 1
L (D
28 .9
23.7
9. 1
(D
                                       English units (pounds per
                                        1,000 bbl of feedstock)
BOD5 	
TSS 	

PH 	
19.2
13.2
6 0
(D
10.2
8.4
3.2
(D
    1 Within the range of 6.0 to 9.0

(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
Less than 124.9 	
125.0 to 149. 9 	
150.0 to 174.9 	
175.0 to 199.9 	
200.0 to 224.9 	


Size
factor
0.73
0 76
0.83
0.91
0.99
1 .04

(2)  Process factor.
         Process configuration
               Process
                factor
Less than 6.49
6.5 to 7.49...
7.5 to 7.99...
8.0 to 8.49...
8.5 to 8.99...
                 0.75
                 0.82
                 0.92
                 1 .00
                 1 .10
                               114

-------

9.5 to 9 .99 	
10.0 to 10.49.-. 	


11.5 to 11.99 	

12.5 to 12.99 	


1 .20
1 .30
1 .42
1 .54
1 .68
1 .83
1 .99
2.17
2.26

(3)   See the comprehensive example  in  Subpart  D,  419.42(b)(3).

(c)   The provisions of 419.14(c) apply to  discharges  of  process
wastewater pollutants attributable  to  ballast  water  by a point
source subject to the provisions of  this subpart.

(d)   The quantity and quality of pollutants  or pollutant proper-
ties controlled by this paragraph,  attributable to once-through
cooling water, are excluded  from the discharge allowed by
paragraph (b) of this section.

(e)   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 oJE  the best conventional pollu-
tant control technology by a point  source  subject to  this sub-
part.

(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 15 mg/1 oil and  grease  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 15 mg/1 oil and grease  is not  commingled or
treated with any other type  of wastewater, the quantity  of pollu-
tants 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:
                               115

-------
Pollutant or pollutant property
                                       BCT 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 cubic meters  of  flow)
BOD 5 	


PH 	
48 .
33.
15.
(D
26.
21 .
8.
(D
                                       English  units  (pounds  per
                                           1 ,000 gal of  flow)
BOD 5 	


PH 	
0.40
0.28
0.13
(D
0.22
0.18
0.067
(D
    1 Within the range of 6.0 to 9.0

419.55  Pretreatment standards for existing sources  (PSES).

Except as provided in 40 CFR 403.7 and 403.13 any existing  source
subject to this subpart which introduces pollutants  into  a
publicly owned treatment works must comply with  40 CFR  Part  403
and achieve the following pretreatment standards for  existing
sources (PSES).  The following standards apply to the total  refi-
nery flow contribution to the POTW:
Pollutant or pollutant property
             Pretreatment
              standards
             for existing
               sources -
             maximum  for
              any  1 day
                                                     (Milligrams
                                                       per  liter
                                                       (mg/1))
Oil and Grease..
Ammonia as N  (1)
                 100
                 100
     1 Where-  the discharge  to  the POTW  consists  solely  of  sour
      waters,  the owner or operator  has  the option  of  complying
      with this limit or the  daily maximum mass limitation for
      ammonia  set forth in 419.53(a) and  (b).
                               116

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419.56  Standards of performance  for  new  sources  (NSPS).

(a)  Any new source subject to  this subpart  must  achieve  the
following new source performance  standards  (NSPS):
Pollutant or pollutant property
                                       NSPS  effluent  limitations
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)
BOD5 	
TSS 	
COD ( 1 ) 	
Oil and grease 	
Phenol ic compounds 	

Sulf ide 	
Total chromium 	

PH 	
41 6
28 1
2Q5
126
0 30
23 4
0 26
0 64
0 052
(2)
")") 1
17 9
155
6 7
0 1 4
1 0 7
0 1 2
0 37
0 024
(2)
                                         English  units  (pounds  per
                                          1 ,000 bbl  of  feedstock)
BODS 	 	 	
TSS 	
COD ( 1 ) 	
Oil and grease 	


Sulf ide 	
Total chromium 	
Hexavalent chromium 	
PH 	
14 7
9 9
1 04
4 5
0 105
8-s
0 093
0 220
On i Q
( 2\
7 a
6-t
54 n
7 4
0 051
7 fl
0 045
01 ^
OfifiPd
f 1\
    1  See footnote following table  in 419.13(d).
    2 Within the range of 6.0 to 9.0

(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.
                               117

-------
(1)  Size factor.
     1,000 bbl of feedstock per stream day
 Size
factor
Less than 124.9
125.0 to 149.9.
150.0 to 174.9.
175.0 to 199.9.
200.0 to 224.9.
225 or greater.
 0.73
 0.76
 0.83
 0.91
 0.99
 1 .04
(2)  Process factor.
Process configuration

6 5 to 7.49 	
7.5 to 7.99 	
8. 0 to 8.49 	 	 	
8.5 to 8. 99 	
9.0 to 9.49 	
9.5 to 9.99 	
10.0 to 10.49 	
10.5 to 10.99 	
11.0 to 11.49 	
11.5 to 11.99 	
12.0 to 12.49 	
12.5 to 12.99 	


Process
factor
0.75
0.82
0.92
1 00
1 1 0
1 20
1 .30
1 .42
1 .54
1 .68
1 .83
1 99
2.17
2.26

(3)  See the comprehensive example  in Subpart D,  419.42(b)(3).

(c)  The provisions of 419.16(c) apply  to discharges  of  process
wastewater pollutants attributable  to ballast water  by a point
source subject to the provisions of  this subpart.

(d)  The quantity and quality of pollutants  or  pollutant proper-
ties 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/1.

(e)  Effluent Limitations for Runoff -  (Reserved).

419.57  Pretreatment standards for  new  sources  (PSNS)

Except as provided in 40 CFR 403.7,  any new  source subject  to
this subpart which introduces pollutants into a publicly owned
treatment works must comply  with 40  CFR Part 403  and  achieve the
following pretreatment 'standards for new sources  (PSNS).
                               118

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(a)  The following standards apply  to  the  total  refinery flow
contribution to the POTW:
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any 1 day
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
Oil and grease..
Ammonia as N (1)
   100
   100
    1 Where the discharge to the POTW -consists  solely of  sour
      waters, the owner or operator  has  the  option  of complying
      with this limit or the daily maximum mass limitation for
      ammonia set forth in 419.56(a) and  (b).

(b)  The following standard is  applied  to  the cooling tower
discharge part of the total refinery flow  to the POTW by
multiplying:  (1) The standard;  (2)  by  the total refinery flow  to
the POTW; and (3) by the ratio  of  the cooling tower discharge
flow to the total refinery flow.
Pollutant or pollutant property
Pretreatment
 standards
  for new
  sources -
maximum for
 any 1 day
                                                     (Milligrams
                                                       per liter
                                                       (mg/1))
Total chromium	\~
     1
                               119

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                       REGULATION  APPENDIX A
                    PROCESSES  INCLUDED  IN THE
          DETERMINATION OF  BAT  EFFLUENT LIMITATIONS FOR
              TOTAL CHROMIUM,  HEXAVALENT CHROMIUM,
                  AND  PHENOLIC  COMPOUNDS f4AAP)

Crude Processes:

1.   Atmospheric Crude  Distillation
2.   Crude Desalting
3.   Vacuum Crude Distillation

Cracking and Coking Processes:

4.   Visbreaking
5.   Thermal Cracking
6.   Fluid Catalytic Cracking
7.   Moving Bed Catalytic  Cracking
1Q. Hydrocracking
15. Delayed Coking
16. Fluid Coking
54. Hydrotreating

Asphalt Processes:

18. Asphalt Production
32. 200"F Softening Point Unfluxed  Asphalt
43. Asphalt Oxidizing
39. Asphalt Emulsifying

Lube Processes:

21. Hydrofining, Hydrofinishing,  Lube  Hydrofining
22. White Oil  Manufacture
23. Propane Dewaxing,  Propane  Deasphalting,  Propane Fractioning,
    Propane Deresining
24. Duo Sol, Solvent Treating,  Solvent  Extraction,  Duotreacing,
    Solvent Dewaxing,  Solvent  Deasphalting
25. Lube Vac Twr, Oil  Fractionation, Batch Still (Naptha Strip),
    Bright Stock Treating
26. Centrifuge & Chilling
27. MEK Dewaxing, Ketone  Dewaxing,  MEK-Toluene Dewaxing
28. Deoiling (wax)
29. Naphthenic Lubes Production
30. SO2 Extraction
34. Wax Pressing
35. Wax Plant  (with Neutral  Separation)
36. Furfural Extraction
37. Clay Contacting -  Percolation
38. Wax Sweating
$9. Acid Treating
40. Phenol Extraction

Reforming and  Alkylation  Processes:

8.  H2S04 Alkylation
 12. Catalytic  Reforming


                            120

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                       APPENDIX A

          PRODUCTION-BASED EFFLUENT LIMITATIONS
Memorandum from J. William Jordan, Chief, NPDES Technical
     Support Branch, U.S. EPA to Regional Permits Branch
     Chiefs, re:  Calculation  of Production-Based Effluent
     Limits, December 13, 1984.

40 CFR 122.45 (b)
                            121

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UNITED STATcS ENVIRONMENTAL.PROTECT!^ AGENCY
                'ASHINGTON. D.C.

                OEC 18 1984
*

                            WASHINGTON. D.C. 20460
                                                           OPFICH OF
                                                            WATER
    MEMORANDUM
    SUBJECT:  Calculation of Production-Based Effluent Limits

    FROM:     J. William Jordan, Chief    &//&&& '&-&^~
              NPDES Technical Support Branch (EN-33S)

    TO:       Regional Permits Branch Chiefs


         The purpose of this memorandum is to clarify the procedure
    for calculating production-based effluent limitations and to pro-
    vide guidance on the use of alternate limitations.  Many effluent
    guidelines are expressed in terms of allowable pollutant dis-
    charge rate per unit of production.  To determine permit limits,
    these standards are multiplied by an estimate of the facility's
    actual average production.

         Section 122.45(b) of the NPDES permit program regulations
    sets forth the requirements for calculating production-based
    effluent limitations.  The central feature of this section is the
    requirement that limitations be based upon a "reasonable measure
    of the actual production of the facility", rather than upon design
    capacity.   Interpretation of this requirement has proven confusing
    in the past.  This memorandum provides recommendations for devel-
    oping production-based limitations and alternate limitations.  The
    Agency is also planning to revise this portion of the regulations,
    and has revised Part III of Application Form 2C, in order to clarify
    language which might lead to the use of inappropriate production-
    based limitations.

    Background

         The proper application of production-based effluent limita-'
    tion guidelines is dependent upon the methodology that is used to
    develop the guidelines.  When most guidelines are developed, a
    single long term average daily production value and its relation-
    ship to flow are determined.  This is combined with effluent
    concentration data collected from plants to form the basis of
    the guideline standards.  Variability factors are developed on
    concentration data obtained from samples taken during periods
    of varying production.  The variability factors and performance
    data are then used to derive the guideline standards.

    Calculation of Limitations
         To apply these guidelines, permit writers should determine


                                   122

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a single estimate of the expected production over the life of
the permit using the long term average production from the plant's
historical records.  Usually, a five year production history
would be used to derive this'value.  This single production value
is then multiplied by both the daily maximum and monthly average
guidelines limitations to obtain permit limits.  In determining
this single estimate, the permit writer should take into account
the distribution of production by analyzing data taken as fre-
quently as possible.  For most cases, monthly data compiled from
daily data would be sufficient.

     The permit writer should avoid the use of a limited amount
of production data in estimating the production for a specific
facility.  For example, the data from a particular month may
be unusually high and thus lead to the derivation of effluent
limitations which are not actually reflective of normal plant
operations.  As previously explained, effluent limitations
guidelines already account for some of the variations which
occur within long term production rates,  therefore, the use of
too short a time frame in the calculation of production based
limitations for a specific industrial facility may lead to
•double accounting" of the variability factors.

     In some cases, the historical data may show large random
or cyclic fluctuations in production rates, of either a short
or long term nature.  In those situations, it may be appropriate
to have alternate limits which are applicable at some increased
production rate (see discussion of Alternate Limits) or setting
the limit based upon a level of production higher than the
average (e.g. 10-20 percent or higher).

     However, the primary objective is to determine a production
estimate -for a facility which approximates the long term aver-
age production rate (in terms of mass of product per day) which
can reasonably be expected to prevail during the next term of
the permit. The following example illustrates the proper appli-
cation of guidelines:

     Example;  Company A has produced 331,500 tons, 292,000
     tons, 304,000 tons, 284,000 tons, and 312,OOn tons per year
     for  the previous five years.  The use of the highest year of
     production (331,500 tons per year) might be an appropriate
     and  reasonable measure of expected production.  "One check
     on this could be to determine if maximum yearly values are
     within a certain percent of the average, such as 20 percent.

          'One of several methods may be appropriate to convert
     from the annual production rate to average daily production.
     One method takes the annual production rate and divides it
     by the number of production days per year.  To determine the
     number of production days, the total number of normally sche-
     duled non-production days are subtracted from the total days
     in a year.

          This method is appropriate in cases where the plant

                               123

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     discharges intermittently as a direct result of production
     flows.  In cases where the plant discharges continuously,
     even on days when there are no production activities ,  other
     methods may be appropriate.

          If Company A normally has 255 production days per year ,
     which are approximately equal to the number of discharge days,
     the annual production rate of 331,500 tons per year would
     yield an average daily rate of 1,300- tons per day.  if pollu-
     tant X has an effluent limitation guideline of 0.10 Ibs./lOOO
     Ibs. for the monthly average and O'.IS Ibs./lOOO Ibs. for the
     maximum daily average, the effluent limitations would  be
     calculated as follows:

     Monthly Average Limit (Pollutant X)

          1,300 tons x 2000 Ibs. x 0.10 Ibs.  =  260 Ibs ./day
                day      ton       1000 iss.

     Daily Maximum Limit (Pollutant X)

          1,300 tons x 2000 Ibs. x 0.15 Ibs.  =  390 Ibs ./day
                day      ton       1000 Ibs.

     In the example above, the production during the highest
year of the last five years was used as the estimate of pro-
duction.  This estimate is appropriate when production is not
expected to change significantly during the. permit term.  How-
ever, if historical trends, market forces, or company plans
indicate that a different level of production will prevail  dur-
ing the permit term, a different basis for estimating produc-
tion should be used.

Alternate Limits

     If production rates are expected to change significantly
during the life of the permit, the permit can include alternate
limits.  These alternate limits would become effective when
production exceeds a threshold value, such as during seasonal
production variations.  Definitive guidance is hot available
with respect to the threshold value which should "trigger"
alternate limits.  However, it is generally agreed that a 10
to 20 percent fluctuation  in production is within the range
of normal variability, while changes  in production substantially
higher than this range (such as 50 percent) could warrant con-
sideration of alternate limitations.  The major characteristics
of alternate limits are best described  by illustration and  example:

     Example;  Plant B has produced 486,000 tons, 260,400 tons,
     220,000 tons, 240,800 tons, and  206,500 tons per year for
     the previous five years.  The high year is significantly
     higher than the rest  and the permittee has made 3 plausible
     argument that production is expected to return to that level
     The guideline  for  pollutant X is 0.8 lbs/1000  Ibs  for the
     monthly average  and  0.14 lbs/1000 Ibs for  the  daily maxi-

                             124

-------
    mum.   The alternate
    as  follows:

    Primary  Limits:
effluent limitations could be calculated
        o  Basis  of  calculation:   260,400 tons/yr.  = 1,050 tons/day
          (248 production days per year)

        o  Applicable level of production:   less than 1 ,050 tons
          per day average production rate for the  month

            Monthly Average Limit

              1 ,050 tons x 2000 Ibs. x 0.08 Ibs.  = 168  Ibs ./day
                     day         ton    1000 Ibs.

            Daily Maximum Limit

              1,050 tons x 2000 Ibs. x 0.14 Ibs.  = 294  Ibs ./day
                     day         ton    1000 IDS.

     Alternate Limits:

        o  Applicable threshold level of production = more than 1,260
          tons/day average production rate for the month (20  percen-
          above  normal-production levels)

        o  Basis  of calculation:   486,000 tons/yr.  = 1,350 tons/day
          (based upon historical data and to be applicable beyond
           a 20  percent increase in production)

            Monthly Average Limit = 216 Ibs./day

            Daily Maximum Limit = 378 Ibs ./day

     Alternate limits should be used only after careful  consider-
ation and  only when a substantial increase or decrease in produc-
tion is likely to occur.  In the'example above, the primary limics
would be in effect when production was at normal levels.  During
periods of significantly higher production, the.alternate limits
would be in effect.  When production reverted to normal  levels,  the
primary limits would have to be met.  The thresholds, measures of
production, and   special reporting requirements must be detailed  in
the permit.

     If you have any questions concerning the calculation of  pro-
duction-based limitations or the use of alternate limitations,
please call me or have your staff contact James Taft at (202/FTS-
426-7010)  .
                              125

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40  CFR Part  122  -  EPA  Administered  Permit  Programs:
The National  Pollutant Discharge  Elimination  System

Subpart  C  -  Permit  Conditions
    § 122.45  Calculating NPOES permit
    conditions (applicable to State NPDES
    programs, see § 123.25).
      (a) Outfalls and discharge points. All
    permit effluent limitations, standards
    and prohibitions shall be established for
    each outfall or discharge point cf the
    permitted facility, except as otherwise
    provided under § 122.44(j](2:]'{BMPs
    where limitations are infeasibln) and
    paragraph (i) of this section (limitations
    on internal waste streams}.
      (b) Production-bcssd limitations. (1)
    In the case of POTWs, permit
    limitations, standards, or prohibitions
    shall be calculated  based on design
    flow.
    (I22.45(b)(2)  revised by 49 FR 38046,
    September 26. 1984]
      (2)(i) Except in the case of POTWs or
    as provided in  paragraph (b)(2)(ii) of th.»
    section, calculation  of any permit  limita-
    tions, standards, or  prohibitions which are
    based on production (or other measure of
    operation) shall  be based  not  upon  the
    designed production capacity but  rather
    upon a reasonable measure of actual  pro-
    duction of the facility. For new sources or
    new dischargers, actual  production shall
    be estimated using projected production.
    The time period of the measure of produc-
    tion shall correspond to the time period of
    the calculated permit limitations;  for ex-
    ample, monthly  production shall be used
    to calculate  average monthly  discharge
    limitations.

      (ii)(A)(/) The Director may  include a
    condition establishing alternate  permit
    limitations,  standards,   or  prohibitions
    based  upon anticipated increase (not to
    exceed maximum production capability)
    or decreased production levels.
      (2)  For the automotive manufacturing
    industry only, the Regional Administrator
    shall, and the State  Director nay establish
    a   condition    under   paragraph
    (b)(2)(ii)(A)(/)  of  this section if the ap-
    plicant satisfactorily demonstrates  to  the
    Director  at the  time  the application  is
    submitted that its  actual production, as
    indicated in  paragraph  (b)(2)(i) of  this
    section, is substantially below  maximum
    production capability and that there  is a
    reasonable potential for an increase above
    actual  production during the duration of
    the permit.
  (B) If the Director establishes permit
conditions under paragraph (b)(2](::!(A]
of this section:
  (1) The permit shall require the
permittee  to notify the Director at least
two business days prior to a month in
which the permittee exprcts to operate
at a level higher than the lowest
production level identified in the permit.
The notice shall specify t.te anticipated
level and the period during which the
permittee  expecta to operate at the
alternate level. If the  notice covers more
than one month, the notice shall specify
the reasons for the anticipated
production level mrre-a&c. New notice of
discharge  nt alternate levels is required
to cover a period or production ievtl not
covered by prior notice or. if during two
consecutive months otherwise covered
by a  notice, the  production level at the
permitted  facility does not in fact meet
the higher level  designated in the notice.
  [2] The permittee shell comply witti
the limitations, standards, or
prohibitions that correspond to the
lowest level of production specified in
the permit, unless the permittee has
notified Ihe Director under paragraph
(b)(2)(n)(B)(7) of this section, in which
case the permittee shall comply with the
lower of the actual level of production
during each month or the level specified
in the notice.
  [3] The permittee shall submit with
the DMR the level of production that
actually occurred  during each month
and the limitations, standards, or
prohibitions applicable to that level of
production.
[122.45(c) revised by  49 FR 38046, Sep-
tember 26, 1984]
                                                  126

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           APPENDIX B




EXAMPLE NPDES PERMIT LIMITATIONS




               FOR




 HYPOTHETICAL LUBE OIL  REFINERY
             127

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ro
oo
            EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS


            During the period beginning  effective date     and lasting through   expiration date,

            the permittee is authorized to discharge from outfall(s)serialnumber(s)  001, refinery wastewater treatment facility effluent
            Such dut-hugcs shall be limited and monitored by the permittee- as specified below:


            Effluent Characteristic                       Discharge limitations
kg/day (Ibs/day) Oilier t

BOD5
TSS
Oil and Grease
Amnonia as N
Sulfide
COD
Phenolic Compounds
Total Chromium
Hexavalent Chromium
Flow - m3/day (MGD)
Daily Avg
441
388
145
184
2.6
971
854
320
405
5.7





3,200 (7,040)
2.04 (4.48)
2.41 (5.31)
0.20 (0.43)
NA
Dally Max
867
606
276
402
5.7
6,150
6.44
689
0.44
1 ,900)
1.330)
608)
886)
12.6)
13,600)
14.19)
15.18)
0.97)
NA
Duily Avg
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Monitoring Requirement*

Daily Max
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Measurement
Frequency
3/week
3/week
3/week
3/week
3/week
3/week
3/week
3/week
3/week
Continuous
Sample
Type
24 hr. composite
24 hr composite
Grab
24 hr. composite
24 hr. composite
24 hr. composite
24 hr. composite
24 hr. composite
24 hr. composite
Measurement
            The |>l I shall not be leu than   6.0 ilaiidanl uniU not greater than 9 • 9  lUntlurtl unili and shall be monitored

            continuously and recorded.


            There shall be no discharge uf floating solids or visible foam In other than trace amounts.


            Samples taken In compliance with the monitoring requirements specified above shall be taken at the following locallon(s):


              At Outfall 001.
                              i
                            D)
t>

Jl
                                                                                                                            0)

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                 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
ro
10
                 During the period beginning  effective date    »nd luting Ihiough expiration date,
                 the(Mrmiuccliauiltorizedloduch»n«fiomouUall(0urialnumlMi(i) 001, refinery wastewater  treatment facility effluent.

                 Such diM-hafgcs diall be limited and monitored by the permittee u t|tccUicd below:

                                                                                                 Monitoring RequiremenU
    Elflncni ChutftcUiUtic                      Pbchaiyo Ltmltationi
                                 kg/day (Ifo/day)Mitt UnlU (Specify)
                                                        kg/1000 m3 (lbs/1000 gal) Measurement
                            Dally Avg      Dally Mai      Dully Avg     Daily Max      Frequency •
                                                        of storm water flow
                                                                                                                Sample
                                                                                                                 Type
              During wet weather conditions, the following waste  load  allocations are authorized  for  contaminated storm water
              runoff passing  through  the wastewater treatment facility in  addition to the dry weather effluent limitations
              and monitoring  requirements for Outfall 001 shown on  Page  1:
BOD5
TSS
Oil and Grease
COD
Phenolic Compounds
Total Chromium
Hexavalent Chromium
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
MA
NA
MA
NA
NA
NA
NA
NA
NA
NA
NA
48
33
15
360
0.35
0.60
0.062
0.40)
0.28)
0.13)
3.0)
0.0029)
0.005)
0.00052)
NA
MA
NA
NA
MA
NA
NA
!IA
NA
NA
NA
NA
NA
       ull slittll not be leu lhan   6-0 standard uniU nor greaU-r than   9.0  standard unlli and thull be monitored
    continuously  and  recorded.

   Tlieic shall be no discharge of nulling tolidi or visible foam in other lhan trace amounts.

   Samples taken in compliance with Ilia monitoring reipiiremenU specified above kliall be taken at the following locnllon(s):

    At Outfall 001.

   The  storm water flow through the wastewater  treatment facility  is that  portion of flow greater than  the 5
                                                                                                                            m 2.
                                                                                                                            x
                                                                                                                            Ol *.
                                                                                                                            •o
                                                                                                                 r   an
                 dry weather  f ow.   The dry weather flow  Is considered to be the average flow  through the wastewater
                               ility for the last three consecutive  zero precipitation days, excluding any previously
                                           of.
    treatment  facil.„., .„.  k,.s  ,u.
    collected  storm water runoff.

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                 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

                 IWliii; the period beginning   effective  date   and lasting through  expiration date,
                 the permittee I* authorixed lo discharge fiom outfall(s) serial number(i)  002,  once-through, non-contact coo ling water.

                 Such diM.har|>ca shall be limited anil monitored by the permittee as specified b«low;
                 Effluent Characteristic
                DUchan{« Limitations                       Monitoring Requirement*
    kg/day (Ibs/dayi            Other UnlU (Specify)
                                                       Measurement      Sample
Daily Avg      Daily Max      Dully Avg      Daily Max     Frequency •       Type
CJ
o
               Total  Organic Carbon

               Flow  - m3/day (MGO)
   NA

   HA
NA

MA
NA      5 mg/1  (net)

NA             ,NA
3/week       24 hr. composite

I/day        Estimate
                 There shall be no dlK-haiye uf floating solids or visible foam In other than If ace amounts.

                 Samples tahcn in compliance with the monitoring requirements specified above shall be taken at the following localion(i):
                  At Outfall  002.
                                                                                     x
                                                                                     tu
                                                                                                                                      JJ
                                                                                                                                0)

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EFFLUENT LIMITATIONS AND MONITORiNG REQUIREMENTS


During the iwriod beginning   effective date   and luting through  expiration date,

lite permittee ii authorized lo duiharge from ouifall(a) serial number(i)  003,  storm water  runoff from tank  farm.
Such
                  be limited and monitored by the permittee u i|Ncclfied below;
 Effluent diiuaclerlatlc                       DUchange Limitation*
                                                                                  Monitoring RequlremcnU
kg/day (lb*/day)


Total Organic Carbon
011 and' Grease
Flow - m3/day (MGD)

Dally Avf
NA
NA
NA

Daily MM
NA
flA
NA
Oilier UnlU (Specify)

Dully Avg
NA
NA
NA

Daily Max
110 mg/1
35 mg/1
NA
Measurement
Frequency •
I/day *
I/day *
I/day *
Sample
Type
Grab
Grab
Estimate
    * When flowing.  A grab sample shall be  collected immediately following  the  start of

     discharge and analyzed.   Discharge shall  be nonUored once each day for  the
     duration of flow.
'Hie pll shull not be leu than   6-0 standard uniU nor greater than   9.0 •lomliird unlla and thull be monitored


 I/day when flowing.


'lltere shall l>e no discharge of floating solids or visible foam In other than trace amount*.



.Sant|)lfS taken in compliance with Ilic monitoring rei|ulremenU specified above khall be taken at tike following loi:alion(s):


At Outfall  003.
                                                                                                              I
                                                                                                              f.  *•
                                                                                                              x =.
                                                                                                              o>
                                                                                                              3 -P>
                                                                                                              T3

                                                                                                              n>

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                      APPENDIX C



               FEDERAL REGISTER NOTICES





30 PR 16560, May 9, 1974, Final BPT



40 FR 21939, May 20, 1975, BPT Amendments



44 FR 75926, December 21, 1979, Proposed BAT, NSPS,



     PSES', PSNS



47 FR 46434, October 18, 1982, Final BAT, BSPS,



     PSES, PSNS



49 FR 34152, August 28, 1984,  Proposed BAT Amendments,



     BCT, Storm Water Runoff Limitations



50 FR 28516, July 12, 1985, Final BAT Amendments,



     BCT, Storm Water Runoff Limitations
                         132

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                  THURSDAY, MAY 9, 1974
                  WASHINGTON, D.C.
                  Volunw 39 • Number 91


                  PART II
                   ENVIRONMENTAL
                      PROTECTION
                        AGENCY
                    PETROLEUM  REFINING
                       POINT SOURCE
                        CATEGORY

                    Effluent Guidelines and Standards
Ho. 91—Pt.
               133

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Tide 4O  Protection of the Environment

     CHAPTER I— ENVIRONMENTAL
         PROTECTION AGENCY
   PART 419—PETROLEUM  REFINING
       POINTSOURCE CATEGORY
  On December 14. 1973 notice was pub-
lished la the FIDSHAL RXGISTM (38  r»
34343 ». that the Environmental Protec-
tion Agency   of the  Federal Water
Pollution Control Act. as amended, (the
Act) : 33 CT.S.C. 1291. 1311. 1314  (b) and
(O. 1316 (b) and (c) and I317(c) : 86
Stat. 818 et seq.:  Pub. L. 92-300. Regula-
tions  regarding   cooling  water Intake
structures  for all categories of  point
source! under section 316Cb) of the Act
will be promulgated In 40 CFR Part 402.
  In addition, the EPA la simultaneously
proposing  a separata provision, which
appears In the proposed rules section of
the FtnniAi RXOISTMU stating the appli-
cation of the limitations and standards
set forth below to users of publicly owned
treatment works  which  are subject to
pretreatment standards under section
307(b) of the Act. The basis of that pro-
posed regulation Is set forth in the asso-
ciated notice of proposed rulemaking.
  The lemU basis, methodology and fac-
tual conclusions which support  promul-
gation of this regulation were set forth
in substantial detail  In  the  notice of
public  review   procedures  published
August 6. 1973 (38 PR  21202)  and In
the  notice  of   proposed  rulemaking
for the topping  subcategory.  cracking
subcategory. petrochemical subcategory.
lube subcategory. and Integrated sub-
category. In addition, the regulations as
proposed were supported by  two  other
documents: (1) The document  entitled
"Development  Document for Proposed
Effluent Limitations Guidelines and New
Source Performance Standards for  the
Petroleum  Refining Segment  of  the
Petroleum Refining Point Source  Cate-
gory" (December 1973) and  (2) the doc-
ument entitled "Economic  Analysis of
Proposed Effluent Guidelines. Petroleum
Refining  Industry" (September 1973).
Both  of these documents  were  made
available to the public and circulated to
interested persons at approximately  the
      RULES  AND REGULATIONS

time of publication of the notice of pro-
posed rulemaking.
  Interested persons were invited to par-
ticipate in the rulemaking by submitting
written comments within 30 days from
the date of publication. Prior public par-
ticipation In  the form of solicited com-
ments and responses from  the States.
Federal agencies, and  other interested
parties were  descnbed  In the preamble
to the proposed regulation. The EPA has
considered carefully all of the comments
received and  a discussion of these com-
ments with the Agency's response thereto
follows. The  regulation as promulgated
contains   some  significant  departures
from the proposed regulation. The fol-
lowing discussion  outlines  the  reasons
why these changes were made and why
other suggested changes) wen not made.
  (a) Summary of major comments. The
following  responded  to the  request for
comments which  was made In  the pre-
amble to  the proposed regulation: Inter-
state Sanitation Commission: Shell OU
Company: Phillips Petroleum Company:
Getty Oil Company: Onion Oil Company
of California:  Exxon Company.  USA:
Larry D.  fCUUon:  American Petroleum
Industry:  Standard  Oil Company  of
Ohio: 0OP Process Division: Gulf Oil:
City of Buffalo: Mobil OU Corporation:
Macario  Independent Refinery: Texaco
Incorporated: Standard OU  Company of
Indiana:  National Wildlife  Federation:
State of California; County  of Erie. £T7:
State of  Alaska:  Los Angeles  County:
Buffalo (N.Y.)  Area  Chamber of  Com-
merce:  State  of  Colorado: State  of
Michigan: QJ3. Water Resources Coun-
cil: Sun  OU  Company:  Department  of
the Interior: The Honorable Henry  P.
Smith, m: State of North Carolina,
  go*h of the  comments received was
carefully  reviewed and analyzed. The
following Is a summary of the significant
comments and  EPA's response to those
comments.
  (1) Clean rainfall limits should be set
at the same level as treatment plant ef-
fluent to avoid having to treat marginally
contaminated runoff.
  The handling of storm runoff was re-
evaluated and the run-off from a refinery
was  broken  down further  to  consider
tankfleld runoff, process area runoff and
other noncontaminated runoff. This re-
evaluation also considered the treatment
of marginally contaminated runoff. (See
"Development Document," Section VTD.
  As a result of this evaluation a limit of
39 mg/1 TOO and IS mg/1 oU and grease
(both maxlmums) was set for both tank-
field runoff and other  uncontaminated
runoff. (This  Is changed from 19 mg/1 of
TOC and no visible sheen). The limits for
contaminated runoff  (process area  run-
off  treated  along with other  process
wastes) should remain the same.
  (2) The definition of feedstocks should
Include Imported catalytic cracker feed.
reformer feed and petrochemical feeds.
  Since these feeds do not receive full
processing at the refinery and are free
of some contaminants (removed during
prior processing). no allocation based on
throughput should be given. The  addi-
tional waste  loads caused by the  proc-
 essing required Is taken Into account by
 the  higher process  factor the refinery
 will  receive. (See "Development  Docu-
 ment." Section IX).
   (3) Once-through cooling water should
 not be Included in a production based al-
 location. The reasons for th'« statement
 and alternate approaches given  are as
 follows:
   (a)  The March 7. 1973 guidance ex-
 cluded once-through water  from con-
 sideration:  (b)  the  low concentrations
 contained  have no  environmental Im-
 pact:  (c)  analytical techniques do not
 aUow for accurate results at low concen-
 trations: and  (d)  a separate limit of 9
 mg/1 of  TOC  (net) should be used.
   An evaluation of water flow data from
 over one hundred refineries,  both with
 recycle and once-through cooling water
 systems,  showed that only 29 percent of
 the total flow  from recycle refineries re-
 sults from cooling tower blowdown. In
 addition, the  once-through  refineries
 showed higher process wast-! flows than
 the  recycle refineries. Therefore,  once-
 through  cooling water Is being excluded
 from the production  based allotment and
 a separate limit of 9 mg/1 of TOC Is being
 set to prevent  gross contamination of
 these waters.  (See "Development Docu-
 ment": section IX: Supplement B. "Re-
 finery Water Use")
   (4)  Limits  should be based   on  a
 monthly average  rather  than 30 day
 running average. (Running average—any
 thirty consecutive days).
   The limits are see In terms of  a run-
 ning average  to prevent slackening off
 at the end of any fixed period and there-
Tore guarantee optimum performance at
 aU times.
   (9)  There Isn't enough variability al-
 lowed between  the  daily and monthly
 limits. Arguments given to justify  higher
 values were as follows:
   (a)  Data were not random or normally
 distributed: (b) variability not being met
 by some refineries using BPCTCA end-
 of-pipe:  and (e) high analytical  errors.
   The variability factors can not be com-
 pared  as a ratio of  daily and monthly
 (30 day  average) values. Both the dally
 and 30  day average variabilities were
 based  on the annual average. The daily
 variability  predicts  the maximum day
 over a period  of a year and the  30 day
 average  variability  predicts  the  maxi-
 mum 30  day average In any year.
   These variabilities  were computed from
 data taken from several plants (one
 year's or more data  In each cose). The
 variability  factors therefore)  Include all
 of the errors (resulting variability) that
 result from sampling  and analytical tech-
 nique and accuracy.
   The date from tha  plants analyzed
 were found to be either normally or log
 normally distributed.
   The fact that  certain refineries, which
 already have the end-of-plp«  treatment
 as defined  by  BPCTCA. ore showing-
 higher variabilities than those of the ex-
 emplary  plants only  points  out that
 BPCTCA as defined  should include fac-
 tors  other  than end-of-plpe treatment
 (Le.  good  water  use  practices,  good
 housekeeping,  etc.).  (See "Development
                               ROOM UGISTDI. VOL 39, NO.  91—THU8SOAY,  MAT 9. 1974
                                                   134

-------
                                             RULES  AND  REGULATIONS
                                                                       irc.ni
 Document," section 3X "Statistical Varii
 ability of a Properly Designed and Oper-
 ated Waste Treatment Float"; Supple-
 ment 8. -Variability").
   The daily maximum variability was In-
 creased to reflect a 99 percent probability
 of occurrence. Thla was done  to reduce
 t>i* number of technical violations.
   TOG  limit  should  be  eliminated
 and set later  as Its raUo to BOD5 Is de-
 termined at each refinery.
   The limits  set for TOC are necessary
 because of the  many  Instances  when
 BOOS COO.  or both an not  practical
 limits (as  a remit of analytical errors.
 time limitations,  etc.}.  (See  "Develop-
 ment Document.1* section EC: "Procedure
 for  Development  of  BPCTCA  Effluent
 Limitations'').
   The rado of TOC/BOD. proposed at 1.8
 was raised to 3 J.
   (7) A  rabeategortzatlon   should  be
 made based on the age  of the refinery
 because  of non-segregated  sewers and
 the Inequitable flnam-iai burden.
   Those refineries with  non-segregated
 sewwa win probably have to  either seg-
 regate their once-through cooling water
 or go  to recycle cooling. This  has  al-
 ready been done by many older refineries
 and was considered as part of the eco-
 nomic evaluation.
   (8) The  American Petroleum Insti-
 tute has proposed a method  to further
 jubcaXevortze  the petroleum Industry.
 This approach Is based on a mathemati-
 cal analysis of the 1973  EPA/API Raw
 Waste Load Surrey Data. This analysis
 (not yet completed)  proposes to deter-
 mine the relative effect of various process
 typee on the total refinery flow.
  Aa intensive Investigation of this ap-
 proach baa been carried out. As a  re-
 sult. It was found  that both size (feed-
 stock throughput)  and process configu-
 ration weigh heavily In determining the
 final flows.  Tables have been included in
 the regulation to allow variation within
 each subcategory based on both size and
 process  configuration. (See  "Develop-
 ment Document,'*  section 17:  Supple-
 ment 8.  "Refiner? Configuration Anal-
 ysis") .
  The  size  and process- factors deter-
 mined from the above Investigation were
 used to further subcategorlze  the petro-
 leum Industry.
  (9)  Special  consideration should  be
 given for refineries charging  California
 erodes because of the high nitrogen, sul-
fur and naphthenic add content.
  The heavy (10-20 AFX zravlty) nature
of the California crudes requires more in-
 tensive processing  (cracking, etc.)  than
lighter grades  of crude. Tram the data
 available, the  process factor  (based  on
 severity of operations)  adequately ac-
 counts for  tbe higher raw waste loads
 seen In  refineries running  California
 crudes. (Sea "Development Document."
 Section IV; Supplement  B, "California
 Crudes".)
   (10) Then is no allowance given m the
 guidelines for  the contaminants present
 In the Intake water (net vs. gross). which
 an said to be especially «
-------
 16562
      RULES AND  REGULATIONS
  The  guideline  limit  (BPCTCA)  la
 based on neither bio-treatment nor acti-
 vated carbon,  but on a polishing step
 after bio-treatment (in,, p«n«*»<«g p*?*i'lfl,
 alters, etc.)  (Sea "Development Docu-
 ment." sections VH and BE) .
   (19)  Consideration  should bo  given
 to  refineries In northern  pllmaa*  be-
 cause of the effect of temperature on bio-
 logical treatment  systems*
  Of the many refineries currently meet-
 Ing SPA's guidelines for BODS, several
 are located In northern dlmittM  (e.g.
          Montana;  Alma*
 (See supplement B. refinery data) .
   (20) The • Economic Impact  Analysis
 state*. "It Is not expected that any alg-
 nlflcant  economic Impact  would result
 from imposing the 1077 and 1983 effluent
 limitations." Thin Is not true, especially
 In the light of the current and future un-
 stable situation of crude oil supply.
  An economic Impact analyala of pollu-
 tion control* on  the  refinery  Industry
 completed February.  1974  states "As a
 result  of  recent  world  developments
 then la a substantial differential be-
 tween world cartel prices and U.3. do-
 mestic oil prices. If this continues, then
 Is reason to suggest that a number of
 the  projected  small  refinery  closures
 might not occur. Certainly the ability to
 atfract long-term •""•"«•<"? for pollution
 abatement Is greatly enhanced by the
 price differential that exists." (See sup-
 plement  B. "Impact on Refineries of
 Pollution Control Regulations". Febru-
 ary. 1974).
  (21)  Oil and crease limits should be
 based on a ttif 7T*rfT|iTti effluent concentra-
 tion of 1 mg/1 and should be limited by
 concentration and not on  pounds-pro-
 duction values.
  There Is neither a demonstrated treat-
 ment technology to guarantee 1 mg/1 of
oil and grease effluent concentration, nor
 aa  accepted analytical  procedure  to
 measure It.
  (23)  Effluent  limits should be set as
 Lbs/1000  gala of waste  water flow based
on a specified end-of-plpe treatment and
a documented flow for each Individual
 refinery.
  This approach does not adequately
consider  the Importance of the  In-plane
 requirements of BPCTCA  (good water
use. housekeeping, etc.) (See "Develop-
 ment Document", sections vn and D£) .
  (33)  •*"""""'* levels based on 80 per-
 cent removal  from  the  median  raw
 waste load (API separator effluent)  and
 the BPCTCA removal step for ammonia
 Is in-plant la the form of a stripper.
  Even though  the primary removal of
 .nmi««i«. IB a refinery should  be done
during sour water stripping many refin-
 eries have not optimized  toward am-
 monia removal  (units  designed for sul-
 flde removal) . The optimization of strii^
 ping (or '"""""'»  removal or the In-
stallation of two stage strippers Is con-
sidered BPCTCA. In addition, ammonia
will be removed In the treatment plant
as It la needed to provide nutrient nitro-
gen for the biological system. (See "De-
velopment Document", section VTD .
  (34) The economic Impact tor the re-
moval of *iM«HMihiMt  attH **•*»*"*"»**!•>.'
These limits are set at those same maxi-
mum concentrations expected If the run-
 off wen passed through the treatment
 plant.
   (3)  A further subeategorlzatlon of the
 Industry was made based on process con-
 figuration and size.
   (4) y^**g was eliminated as a parameter
 to be limited Industry wide, further eval-
 uation of the API/EPA Raw Waste Load
 Survey showed only a small percentage
 of the Industry over the zinc limits set.
   (9) The ammonia limits wen changed
 baaed on the changes In the subcategori-
 zation.
   (6)  The  ratio  of  TOC/BODS  was
 changed from l.B  to 2.2.
   (7)  Once-through  cooling water  was
 excluded from the production based allo-
 cation and a ma^nmiifii concentration of.
 5 mg/1 of TOC was set.
   (8>  The daily maximum values were
 Increased to reflect a 99 percent prob-
 ability of occurrence. This was done to
 Unit the number of technical violations
 of the permit.
   (9)  Section 304(b)(l)(B) of the Act
 provides for "guidelines"  to Implement
 the uniform national standards of section
 301(b) (1) (A). Thus Congress recognized
 that  some  flexibility was necessary In
 order  to  take Into account  the com-
 plexity of the Industrial world with re-
 spect to the practicability of  pollution
 control technology. In conformity with
 the Congressional Intent and In recogni-
 tion of the possible failure of these regu-
 lations to account  (or all factors bearing
 on the practicability of control technol-
 ogy. It was concluded that some provision
 was needed  to authorize flexibility In the
 strict application of the limitations con-
 tained In the regulation  where required
 by special circumstances applicable to In-
 dividual dischargers. Accordingly, a pro-
 vision allowing  flexibility  in the appli-
 cation of the  limitations  representing
 best practicable control technology cur-
 rently available has been added to each
 subpart.- to  account for special  circum-
 stances that may not have been  ade-
 quately accounted for when these regula-
 tions  wen developed.
  (c) Seanomic impact.  The changes
 that were made to the proposed regula-
 tions  for  the petroleum refining cate-
 gory do not substantially affect she initial
 economic analysis. The changes detailed
 above reflects a Revaluation of the effi-
ciency of various treatment systems and
further subcategorizatiou of the Indus-
 try to men  equitably distribute the eco-
nomic burden. These nvtsions, however.
do not effect the conclusions of the eco-
 nomic Impact study.
  (d) Coat-benefit analysis. The detri-
mental  effects  of  the  constituents  of
waste  waters now discharged by  point
sources within  the Petroleum  Refining
point source category are discussed  in
Section VI of UM report entitled "Devel-
opment Document for Effluent  Limita-
tions  Guidelines (or the  Petroleum Re-
fining Point  Source Category"
  It la not feasible to quantify in  eco-
nomic  terms, particularly on a national
basis, the  costs resulting from the dis-
charge of these pollutants to our Nation's
waterways. Nevertheless,  as Indicated In
 Section VT.   the pollutants discharged
have substantial and damaging Impacts
                                rtOOAl KWUTU, VOL 39, NO. 91—THUISOAY, MAT V. 1974
                                                   136

-------
                                               RULES AND REGULATIONS
on the quality of water and therefore on.
Ita capacity to support  healthy popula-
Uons of wildlife, fish and other aquatic
wildlife and on its sultabllty for Indus-
trial, recreational and  drinking  water
supply  uses.
   The  total cost of  Implementing the
effluent  limitations  guidelines Includes
the direct capital and operating costs of
•the pollution control technology em-
ployed to achieve compliance and the In-
direct economic and environmental costs
Identified In Section vm and to the sup-
plementary  report  entitled "Economic
Anaiy.i. Q/ proposed Effluent Guidelines
Petroleum Refining Industry" (December
1973). Implementing the effluent limita-
tions guidelines will substantially reduce
the  environmental  harm which  would
otherwise  be attributable  to  the  con-
tinued discharge of polluted waste waters
from «»<«n*y and  newly  constructed
plants IB the* pefroleum refining Indus-
try. The Agency believes that the  bene-
fits of thus reducing the pollutants dis-
charged  Justify  the associated  costs
which,  though  substantial  in  absolute
terms, represent a relatively small per-
centage of the total capital investment in
the industry.
   (a) Solid waste control.  Solid  waste
control must be considered. The water-
borne wastes from the petroleum  refin-
ing Industry may contain a considerable
volume of metals  In  various forms as a
part of the suspended solids pollutant.
Best practicable control technology and
best available control technology as they
are known today require disposal of the
pollutants removed from  waste waters
In this industry  in  the form of solid
wastes and  liquid  concentrates. In some
cases these are nonhsoardous substances
requiring  only minimal custodial  care.
However, some constituents may be ha>-
ardous and may require special consid-
eration. In order to ensure lone term
protection  of  the  environment  from
these hazardous or harmful constituents,
special  consideration of disposal  sites
must be made.  All  '""<""  sites  where
5uch  hazardous  wastes  are  disposed
should be selected so as to prevent hori-
zontal and  vertical migration  of  these
contaminants  to  ground   or surface
waters. In cases where  geologic condi-
tions may not reasonably  ensure  this,
adequate  precautions (e-g- impervious
liners) should be taken to  ensure long
term protection to the environment from
hazardous ni*.*^Tl**ffi  Where appropriate
the location of solid hazardous materials
disposal sites should be permanently re*
corded In the appropriate  office of the
legal jurisdiction  in which the site  la
located.
   (f) Publication   of Information  on
processes,   procedures,   or  operating
methods which  results In  the  elimina-
tion or reduction of the  discharge  of
pollutants.
  In conf ormance with the requirements
of section 304  of  the Act. a manual
entitled.  •Development  Document  for
Effluent Limitations Guidelines  and New
Source  Performance Standards for the
Petroleum Refining Point Source  Cate-
gory." Is  being published  and will  be
 available for purchase from the Govern-
 ment  Printing Office, Washington, D.C.
 20401  for a nominal fee.
   (g)  Final mlemaJeaig.  In considera-
 tion of the foregoing. 40 CFR Ch. X. Sub-
 chapter N Is hereby amended by adding'
 a new  Part 419,  Petroleum  Refining
 Point  Source Category,  to read as set
 forth below. An order of the Federal Dis-
 trict Court for the  District of Columbia
 entered In  "NRDC v. Train"  (Civ. No.
 1609-73) on November  28.  1973,  re-
 quired  that the  Administrator  sign
 final  effluent limitations  guidelines for
 this, industry category by March IS. 1974.
 That  order  was  subsequently modified
 on March IS. 1974. and the date for sign-
 Ing extended until April 15. 1974.  On the
 same  date  the District Court ordered
 that the effective date for effluent  limita-
 tions  guidelines  established by its No-
 vember  28 order remain applicable and
 not be affected by the extension In the
 publication date.  The effective date for
 effluent  limitations guidelines for this
 Industry  established by  the  Court's
 November 28 order  Is May 12. 1974. Ac-
 cordingly,  good cause Is found for  the
 final regulation promulgated as set forth
 below  to be effective on May  12. 1974.
   Dated: April30.1974.
       Subpart J
                Acting Administrator.
               -reaping Suttcategory
See.
410.10
410.11
4M.13
419.13
419.14
410.18
419.16
Applicability; description of the top-
  ping tubeatagory.
Specialized dennitlanj.
Effluent  limitations  guidelines rep-
  resenting the  degree of  effluent
  reduction attainable by the appli-
  cation at the best practicable con-
  trol technology currently available.
Effluent  Limitations  guidelines rep-
  resenting tao degree of effluent re-
  duction attainable by tne, applica-
  tion of  tne  best  available tech-
  nology economically achievable.
(Reserved)
Standards  of  performance,  (or new
  ao ureas.
Pretreatment   standards  (or  new
      Subpsrt B—Cncklnc Su
419.20  Applicability:   description  of  the
         cracking subcategory.
419 Jl  Specialized definitions.
41923  Effluent  limitations guidelines rep-
         sentlBg  tbsi degree  of  effluent
         radueaoa attainable by the appli-
         cation of toe> best practicable con-
         trol technology currently available.
419.23  Effluent Umltaaaas guidelines repre-
         senting  the degree  of  effluent
         reduction attainable by a* appli-
         cation of the beet available tech-
         nology  economically  achievable*
419J4  (Ream-red)
419.30.  Standards of  performance  (or new
419.38  Pretrsacnsnt  -.tandards   (or  new
         touress.
    Suoewrl C  •'•tiuiJMmicsl SuacsUfory
419.30  Applicability:  description  of  trie
         petrochemical  subeategory.
419.S1  Specialized definitions.
419.33  Effluent  limitations guidelines rep-
         resenting  the  degree of effluent
         reduction attainable by tne  appli-
         cation of the best practicable con-
         trol technology currently available.
                                   Sec.
                                   41933   Effluent limitations guidelines  rep-
                                           resenting  the  degree  of  effluent
                                           reduction attainable by the appli-
                                           cation of the best avaUable tech-
                                           nology economically achievable.
                                   41934   (Reserved |
                                   419.35   Standards of performance (or  new
                                           sources.
                                   419.38   Preereatment  standards  (or  nsw
                                   41941
                                   41942
                                  41943
                                  41944
                                  419 48
         Subpert O  Lube Subcstegwy
 419.40  Applicability: description of the lube
          lubeategory.
        Specialized definitions.
        Effluent limitations guideline* rep-
          resenting  the degree  of effluent
          reduction attainable by the appli-
          cation of the best practicable con-
          trol  technology  currently  avail-
          able.
        Effluent limitations guidelines rep-
          resenting the degree of effluent re-
          duction attainable by the tppllca-
          tlon of  the  best avaUable  tech-
          nology economically achievable.
        (Reserved)
        Standards of performance (or new
          sources.
 419.44  Pretreatment  standards   (or   new
                                        Subvert E—Integrated Su
                                                              step
                                                                      ths
419.60  Applicability:  description
         Integrated subcategory.
       Specialized definitions.
       Effluent limitations  guidelines  rep-
         reseating the degree of effluent re-
         duction attainable by the applica-
         tion of the best practicable control
          technology currently available.
       Zffluent limitations guidelines repre-
         senting  tho degree of iffluent re-
         duction attainable by the applica-
         tion of  the  beet  avaUable tech-
         nology economically achievable.
       (Reserved |
       Standards of performance- for  new
                                         419.41
                                         419 S3
                                  419.53
                                         41994
                                         419 S3
                                         41986  Pretreatment  standards  (or  new
  AnrBoarrr: Sees.  301. 304 (b) and  let.
3M (U) and (el  and 307(c| of the  Federal
Water Pollution Concrol Act. as amended (the
Act):  S3 U.SC. 1381. 1311. 1314 (b) and  (c).
1318 (At  and (c,  and 1317
-------
 16564
                                               RULES AND  REGULATIONS
   (d)  The term "feedstock" shall mean
 the crude oil and natural gas liquids fed
 to the topping units.
   (e)  The term  "once-through  cooling
 water"  shall  mean those  waters  dis-
 charged  that  are used for the purpose
 of  heat removal  and that do not  come
 into direct, contact with any raw mate-
 rial. Intermediate or finished product.
   9 0
 100 to  149-9... ____
 ISO or  gm.cn.. _-.

   (2)  Process factor

 Proetu eon/t jura«U»n
 1.0 to  3.M.
 4.0 to  «.M
 T.O to  9.88..
 10.0 CO 13.89
 13.0 to 1S.O or

   (3)  See the  comprehensive example
 Sutapart D 5 419.43(b) (3).
   (c)  The following allocations consti-
 tute the quantity and quality of pollut-
 ants or pollutant  properties  controlled
 by this paragraph and attributable to
 runoff  and ballast, which may be dis-
 charged after the application of best
 practicable control technology currently
 available, by a point source  subject to
 the provisions of this subpart. In addition
 to the discharge allowed by paragraph
 (b) of this section:
   (1)  Runoff. The allocation allowed for
 storm  runoff now. M kg/cu m (Ib/m gal) ,
shall be based solely on that storm now
 (process area runoff)  which  Is treated
In the main treatment system. AH  addi-
tional  storm  runoff (from tank  fields
and non-process areas), that has been
segregated from  the main waste stream
for discharge, shall not exceed a concen-
tration of  U  mg/1 of TOG or IS  mg/1
of oil and grease when discharged.
                                              EOtatel
  any I day   amman dayi
             - •' *aund—
                                           •OF I day
                                                    nluat tat la
                                                  oorueman dayi
                                                  snail not ucatd—
               aCiMa ealt* taionmi par i,aaom<
                       atSSaoa)
             a.a
             It
             Ml
             1.7

              an
             1.27
                                          BOD*-
                                          T98	
                                          COD'...
                                          OUind
                                          pH	
                          BOW..
                          TS8.	
                          COD*..,
                          OU«—
                          pH	
                                              anlti (Uacnnu per cubio
                                                nacar of flow)

                                             0.0480.028
                                              .028          017
                                               37           .18
                                               ou          an
                                         WltbJa UU now 4.0 to 9.0.
                                                                                                       onlti (poondi par
                                                                                                         talo/oow)
                                                                                                                       1.000
                                          0.40         0.21
                                           24           14
                                          11          U6
                                           128    .       087
                                      Within uu mm 4.0 to 9 a.
                             (2)  BaOatt. The allocation allowed
                          for ballast water flow, as kg/eu m Ob/
                          Mgal). shaU  be based on  those ballast
                          waters treated at the refinery.
                                              EffluMt Umftaoon*
                           KOhunC
                         cbancuruao
                                                          tar I day
                                      Annev a( dally
                                       Taiaat torn
                                      oauaraan dayi
                                      inaUaote
                                         Metru onlt* Oolotranu par cnbto
                                                muar ol How)

                                            a 048         a 028
                                              029          017
                                             .17           24
                                              OtS          008
                                       .. Within tn* rant* 8 0 U 9 0.

                                         XnflUa amu (poondi par 1.000
                                        	iaio( flow)	

                          BOD«	    a. to          0.21
                          TSS	      24           14
                          COD*	    19           10
                          Oil and treat*	      1J8          087
                          pH	 within in* rant* 8 0 to a a
                            (d) The quantity and quality of pol-
                          lutants  or  pollutant   properties  con-
                          trolled by this paragraph,  attributable
                          to once-through cooling water, are ex-
                          cluded from  the discharge allowed  by
                          paragraph  (b)  of  this  section. Once-
                          through   cooling  water may  be  dis-
                          charged  with  a  total  organic carbon
                          concentration not to exceed 9  mg/1.

                          § 419.13   Effluent limitations guideline!
                              representing the degree of effluent
                              reduction attainable  by  the applica-
                              tion of ihe beat aradable technology
                              economically achievable.

                            (a)  The following limitations  estab-
                          lish the  quantity or quality of pollut-
                         max. *UBasuacau TOO. j»j». pawMieur. lar luo?
                         OX. COOf Bfflu«nt limitation* tor  TOG  inaU
                         be baced on affluent data, from tno plant cor-
                         relating TOO to  BODS.
                           IT In tne Judgment at the Regional Ad-
                         mlnlatrator. adequate correlation data are
                         not  available, tne effluent limitation* for
                         TOO anall  be  wtaaUabed at a ratio or 3.3
                         to 1 to tne applicable effluent limitation* oa
                         BOO5.
                                 rtOOAl UCISTEI. VOL 39,  NO. 91—THUHOAT. MAT 9, 1974
                                                       138

-------
                                               RULES AND REGULATIONS
                                                                                                                     16563
 ants or pollutant  properties, controlled
 by this paragraph, which may  ba dis-
 charged by a point source subject to the
 provisions of this subpart  alter appli-
 cation  of  the best available technology
 economically achievable:
     CAiwnt
          (process area runoff) which la treated In
          tha  main  treatment  system. Ail addi-
          tional a term runoff (from tanJcnelds and
          non-process areas), that haa been segre-
          gated from the main waste stream  lor
          discharge,  shall not exceed a concentra-
          tion of  39  mg/1 of TOC or  15 mg/1 of
          oil and grease when discharged.
                              j 419.IS  Standard* of performance for
                                (a) The following standards of per-
                              formance establish the quantity or qual-
                              ity of pollutants or pollutant properties.
                              controlled by this paragraph, which may
                              be discharged by  a new source subject
                              to the provisions  of  this subpart:
                 KIT 1 d«»
                             TljQM fhT 30
                                                              Efflooat UfflltoOoni
                                              E (Burnt
eoo.it
TflUI	
Hatrakai
  ennauum.^:.
BOO*
               UtMannlti (ktlamatt par U»mi
                       •fkndaagc)
                               to
                               to
                               1.0
.a
.ou
.us

.0017
                                     Anricooldulr
                               	  •    nlUM tarU
                           tor I dar   «nwenUT« d»y
                                                                                                       Vffloint Umltadnm
                                                                                       KOhwnC
                                                                                     (bancuitnla
                                                                                                   Kuttmmtor
                                                                                                    •or idor
                                                                                                                TnJan lur Si
          BOD*.
          TSL.
                   .002)
                    o«u (noaadi act I.MO bbl
      Urim* tniti (kllocnaa per
        coatoauuTotaowi

       amm        anon
       .010          aau
       i (US          «Q2l

  ; within UM rum «J> la 9.0.

      Encttib anIU (poaadi par


__     O.OSS         1071
       .OM          .on
       .24           W
       .01S          014
  , wtitla Uu rente M to • a
                                            <3)  BoBait. Tie allocation allowed for
                                         ballast water now. as kg/cu m (Ib/Mgal),
                                         shall ba  baaed on  those ballast waters
                                         treated at toe refinery.
                                                                                                  MMHa aait3 (kUomou pw l.nio
                                                                                   ROM.
BOD*.
                                                                                   TSS ------
                                                                                   COD'_ .........
                                                                                   OUud(rau>._
                                                                                   Pbnolla too*
                                                   BulAdo     ...._
                                                   Toul cfiromlunl -
                                                   Huanlnt
                                                    OhP^MilMPIt^
                                                   pB
                                                                                                     11.8
                                                                                                      .078
                                                                                                      .19
                                                                                                      .OB7
 10
XI
 1.9
 .ua

 1.1
 .ins
 .IUA
 .QUIT
                                                                                                  within UM r»n»» 6 0 to 3 0.
                                                                                                             (poandi p>r l.Dul)
                                                                                                            iewliuuk)
                                                                                                        bbl o( iewliuuk)
                                                   BOD<_
                                                   TSS
                                                   COD'
  (b) The UmlU set forth In paragraph
(a) of this section are  to be multiplied
by the following factors to calculate the
TT^Irniir" for "*y one da>y and •»«»»* ""i""
average of dally values for thirty consec
                                                11
                                                It
                                                n.r
                                                LI
                                                 .Ml
                                                                                                      .
                                                                                                      .arr
                                                                                                      .OM
                                                                                                      .0014
                                                                         12
                                                                         1.4
                                                                        11.1
                                                                         .70
                                                                         .mo

                                                                          U
                                                                         .11.:
                                                                         .017
                                                                  Wiialn UM nog* 101010.
                         Udrfa nattii (kllomnu per nMa
                                   r at Howl
utlve days.
(1) aiz« faetar
ijmo tarn U of /fcditocJt per
i Mam day
0 to 40 ff .«L •••••...
80 to MA 	
160 o? grtafcar . .....
(2) Process factor
1.0 to 3J9Q 	 _ 	 _
7.0 Vt 9.P4.. ..................
10.0 to 13.BB... 	 „ 	
13.0 to 1S.O or (nvtor... .......
(3) Sem tha enmnreheiul

SIM /actor
	 . i.oa
	 1.31
1 4A
. . — -- 1. 47
.._._. 0.00
1 0
, 1. Ut
	 3.77
........ * °9
«• *vamnlik
BOD* 	 0.0105 fcnm
TBS.... 	 _.... -«• ""•*
COD*. 	 .on Oki
OH Aod flvMi • • QQUO nni7
pH .._..._. WllhloUw nncr «.0 lot a
EiiclUi artu (poandi per 1.00
tat of Haw)
BOD* 	 0. OH OL07I
TSS. .^»~....». '** AM
covff. 	 	 » j»
Oil oad (Too 	 3IS Oil
pg 	 __... ALJUaibormufclOwia
ifn »til n in Dlleoni an dnuo mi*
toutai cblando laa ooacuimaoa la tho t fflneac iiextu
1.000 mc/l (1.000 pnn). tho R«(ion>l Adnunutruor mor
lOHainio TOC M*pu«m«>r India of COI> Effiumi
Unuuilonj (or TOC ihtU bo bowd an ifflinut dau Irani
                                                   1.000
                                                   per itreom day
                                                   o to f.

            (d) The quantity and quality of pol-
          lutant* or pollutant properties controlled
          by this paragrapa. 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  ex-
          ceed 3 mg/1.

          9 419.14  (Rcwrredl
                                (b) The limits set forth In paragraph
                              (a) of thia section are to be multiplied by
                              the  following  factors to  calculate the
                              mavimum for any one day and maximum
                              average of  dally values  for thirty con-
                             secutive days.
                                (1) Size factor
                                                                                                                Si:c
                                                                                                                      i. oa
                                                                                                               .._..  1.31
                                                                                                                      1. 44
                                                                                                              __ ....  I  IT
                                                              Prartu
                             configuration                       /actor
                             1.0 to SM ----------------- .........  0. 00
                             4 0 to 889 -------------------------  1.00
                             TOM 999 -------------------------  i se
                             1O.O to 13.M __________________ ...  7. 77
                             13.0 to 18.0 or  cmur ----------------  4. 00

                               (3) See  the  comprehensive example
                             Subpan O I 4I9.<2(o> (3).
                               (c) The following allocations consti-
                             tute  the quantity  and  quality  of pol-
                             lutants or pollutant properties controlled
                             by this paragraph,  attributable to runoff
                             and ballast, which may be discharged by
                             a new source subject to the provisions of
                             this subpart.  These allocations are In ad-
                             dition to the  discharge allowed by  para-
                             graph (b) of this section:
                                 nauu IECISTU.  VOL  39. NO. «i_rHu«OAT. MAT 9. 1974
                                                139

-------
16568

  (1) Runoff. Iba allocation allowed for
itorm ranoff flow. •* kg/cum
«t.«j IM based solely on that storm flow
(procMS area runoff) which Is Seated to
the mala tteatment system. All addition-
al storm  runoff dram  tankflelds and
non-procesi areas). that bu been seg-
regated Cram the main waste stream tar
discharge, snail not exceed a concentra-
tion at 3Smg/l of TOC or IS mg/1 of oil
and grease when discharged.
  (2) BaOatt. The allocation allowed for
ballast water flow, a* kg/cu m Ib/MgaJ).
shall be based on  those ballast waters
treated at the refinery.

                   lOtant Hmiuaoni
    IIBwai
  ilMncmniU    Muimom Jar    mom tot 30
                •ay I oar         '   '
              that* mm (Uocnau p«r
                     autargfdaw)
                                  eubta
                  QLMS        &02B
                    02B          OIT
                    «T           24
                    HIS          OOS
              Within UM raao 4.0 to > a

                             par 1.000 ol
                  a. to         0121
                    M           14
                  1*          1.0
                    125          OR
              Wludn UM rantt 8.0 to 9 a
 i !• «BT no la which UM topllcut uo draeutnu
that Mi rnlnfld« Ion aanetoumuoa la uu«Ujh«d u a noa of 13
!• I to •UM ipgilailili 
of this section. Once-carough cooling wa-
ter may be discharged with a total or-
ganic carbon concentration not to ex-
ceed 3 mg/L
§ 419.16  Pretrexmenl standard* for new
  The  pretreatment  standards  under
section 307 (c)  of the Act for a source
within the topping subcategory. which Is
a  user  of a publicly  owned treatment
worts (and which would be a new source
subject to section 300 of the  Act. If  it
were to discharge pollutants to the navi-
gable waters), shall be the standard set
forth In Parr 128 of this chapter, except
that, for the purpose of thi* section.
I 128.133 of this chapter shall be amended
to read ai follows:  -In  addition to the
prohibitions set forth In  1128.131 of tola
chapter, the pretreatment standard for
Incompatible pollutants  Introduced Into
a publicly owned treatment works shall
be the standard of performance for new
sources specified In 1419.13;  Provided.
That. If the publicly  owned treatment
works which, receives  the pollutants  Is
committed. In 1U NPDES permit,  to re-
move a specified percentage of any In-
compatible pollutant,  the pretreatment
standard  applicable to  users of  such
treatment works shall be  correspondingly
reduced In stringency for that pollutant."
     Subpart B—Cracking  Subcatagory
S 419JO  Applicability:  deaeriptioa  of
     the cracking tubealecory. •
  The provisions of  this  subpart are ap-
plicable to all discharges from any fa-
cility which produces petroleum products
by  the use  of  topping  and  cracking.
whether or not the facility Includes any
process In addition to topping and crack-
ing.  The  provisions  of this subpart are
not  applicable   however,  to  faculties
which Include the processes specified In
Subparts C. O. or E of this part.
g 419.21  Specialized definition*.
  For the purpose of this subpart:
  (a) Except as provided below, the gen-
eral  definitions, abbreviations and meth-
ods of analysis set forth in Part 401  of
this  chapter shall apply to this subpart.
  (b) The term "runoff" shall mean the
flow of storm water.
   (c) The term "ballast-  shall  mean
the flow of waters, from  a ship, which Is
to be treated at the refinery.
  (d) The term "feedstock" shall mean
the crude oil and natural gas liquids fed
to the topping units.
  (e) The term  "once-through cooling
water"  shall  mean those  waters dis-
charged that are used for the purpose of
heat removal and that do not come Into •
 direct contact with any raw material. In-
 termediate or finished product.
   (f)  The following abbreviations shall
 mean: (1) Mgal means  one thousand
 gallons: (2) Mbbl """m» one thousand
 barrels (one barrel is equivalent  to  42
 gallons).
 g 419.22   Effluent limitation* guideline)
     representing  the  degra  of effluent
     reduction attainable  br the  applica-
     tion of the  beat  practicable control
     leehnologj currently available.
   In  establishing the  limitations  set
 forth  In this section. EPA took Into ac-
 count all information it was able to col-
 lect, develop and solicit with respect  to
 factors (such as age  and size of plant.
 raw materials, manufacturing processes.
 products produced, treatment  technol-
 ogy available, energy requirement* and
 costs) which can affect the Industry sub-
 categoiization and effluent levels estab-
 lished. It Is. however, possible that data
 which  would  affect  these  limitations
 have not been available and.  as a result.
 these  limitations should be adjusted for
 certain plants In this Industry. An In-
 dividual discharger or other Interested
 person may submit evidence  to  the Re-
 gional Administrator (or to the State. If
 the State  has  the  authority  to  Issue
 NPDES permits) that factors relating to
 the equipment or facilities Involved, the
 process applied,  or other such factors
 related to such  discharger  are funda-
 mentally different from the factors con-
 sidered in the establishment of the guide-
 lines.  On the basis  of such evidence  or
 other  available  Information,  the  Re-
 gional Administrator (or the  State) will
 make  a written finding that such factors
 are or are not fundamentally different for
 that facility compared to those specified
 In  the Development  Document. If such
 fundamentally  different   factors  are
 found to exist, the Regional Administra-
 tor or the State shall establish for the
 discharger  effluent  limitations  in the
 NPDES permit either more or less, strut-
 gent  than  the  limitations   established
 herein to  the extent dictated  by such
 fundamentally different  factors.  Such
 limitations must be approved  by  the Ad-
 ministrator of the Environmental Pro-
 tection Agency. The Administrator may
 approve or disapprove such limitations.
 specify other limitations, or Initiate pro-
 ceedings to revise these regulations.
  (a)  The following limitations estab-
 lish the quantity or quality of pollutants
or  pollutant  properties,  controlled   by
this paragraph, which may be  discharged
by  a point source subject to  the provi-
sions of this subpart after application  of
the best practicable control technology
currently available:
                                        tfGISTM. VOL 39, NO. 91—THUISDAY, MAT 9. 1*74
                                                      140

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                                              BULES  AND  REGULATIONS
                                            16557
                                         the discharge allowed by paragraph (b)
                                         of  ***** sectlaiL Once-through  cooilns
                                         vatcr may be discharged a local organic
                                         cartoon coDce&ttatlon  not to  exceed A
                                         rng/1-                                 3
             (3) Proceai factor
             Ckttocmn p* l.m a* .1 badnnk)
i Ta UT CM In whUh 101 topdnnt can dnaoarmu
                                  	
 LOOBnc^ (l.~ ww—.* .«- -~^-~	s.-^-^—«~
 nbanguTOCiiapanawurlaUMialCOO. Z
 Onllauaai a* TOC sfitu tw Bawl oa (Oaaal data BOB
 laa plaal eamlaUo* TOC to BO O*.
  U la th* iodfamaai tl ta* OecMaal UmlaJjMar.
 •deanu nrrrudan dwa tra eat •mfUel*. i5> •Ohuat
 UaUtanaai (af TUC Haul Iw MaalUted u • t*Ua at
 U la 1 (a iba •opUcabte «oaau llmir»iioni aa BOO*.
   (b)  The limits set forth la paragraph
 (a) of tbls section are to be multiplied by
 the following futon to  calculate the
 maximum for any one day  and i
 average of dally values for thirty <
 uUvedays.
   (1)  Slav factor
 IJHtO bomb at S'MJtoek atr
        stream-Jay
 0 ta 34.9.
 30 CO 74JJ-.
y& to 109.0..-
 110 CO  149.9.
 100 01

   (3)  Process factor
                                                             an
                                                            .11
 .au
 .1*
                                                       Within UM rum 6.0 to « a
                                                            1JXB MX of toOROCXI
                                                                        199
                                                                          •t
                                                            LI
                                                             aw
                                                            i «
                                                             o»
                                                                          a
1.3
 niT
                                                             0013          001
                                                       WltMn th* nnfi 6 0 u> U.
       con/tffuralton
7.S  to  1.40...
3.10 to a.ta—
5.10 to T.49	
7.60 to 9.49	
9JO to UUO or fraattr.
  (3)  See the  eontprebeastre
Subpart D 14i9.43(b> (3).
  (c) The provUlans of lilBJJ(e)  (1)
•Y*»J  (2j  grjpty  to discharge! of proccsa
wasta  water pollutants  Utrttutaolo- to
storm water runefl aad ballast water by
a point source  subject to the prorudons
of this subpart.
  (d) The quantity and quality of pollut-
anta or pollutant properties controlled by
this  paragraph,  attributable  to  once-
through cooling water, an excluded from
  1 la toy CM la vttfea Uu tppdeant can dnnumii
that Ult rftiiaid« laa oannnBaaaa In UM •Ohunt rt-
nvdi I.OBJ B(/t (1.000 jmm). UM RMieml jtdialni»
tnur BH moatai* TOC • • pmauur Ln u>u o(
COD. EOntnc Umludou Ibr TOC iball IX bM4d on
•ffitiml data (m tlu puni mnladng TOC   	
  U la IB* fodiBcm at Om  Sffimal 4d
•dmiuu aontutiaa datatn not tnUabl*.	
Ujuuaoai tar TOC ihall b« eitaBUahad u • rulo ol
U la 1 u taa ijalloala •ffliuni omiuUam aa BOOL

   he applica-
                                               tion of the  beat available teehnologr
                                               eeonomiealljr acfairrable.
                                             (a)  The following limitations establish
                                           tba onanuty or quality of  pollutanta or
                                           poUutant properties, controlled by  this
                                           paragraph, which may be discharged by a
                                           point  source subject to the provisions- of
                                           tola  aubnart  after application  of  tb«
                                           best available technology  economically
                                           achievable:

                                                               ZflrtMot Bmiudaai
                                                                                            tmffiuattm
                                                                                     1 ft to S.40 ---- _.
                                                                                         to. 1.48 __ _ ___
                                                                                         t» Tta
                                                                                    •»»  to 940 -----------
                                                                                    9.W  to 10JO  or gmcer.
                                      fro«M factor
                                       __..  0.88
                                       	  a. at
                                       — 1.13
                                       	1. «
                                       __-  1.37
                                                                                     <3) See  the comprehenslTe example
                                                                                   Subpart D f 419.42(6) <3) .
                                                                                     (e) The  provisions of 1419.13(0 (1)
                                                                                   aad  (?)  apply to discharges of process
                                                                                   waste water pollutanta attributable to
                                                                                   Atorm water runoff and ballast water by
                                                                                   a point source subject  to  the  provisions
                                                                                   of this jubpan.
                                                                                     (d) The quantity and quality of pollu-
                                                                                   tants or  pollutant properties  controlled
                                                                                   by this paragraph, attributable to onca-
                                                                                   thrauga aooUar water, are excluded tnm
                                                                                   the discharge  allowed by paragraph (b)
                                                                                   of this  section.  Once- through cooUng
                                                                                   water may  be discharged with a  total
                                                                                   organic carbon concentration not to «-
                                                                                   ceed9mg/l.
                                                                                    § 419.24
                                                                                    5 419.25   Staavdanfe ot performance for

                                                                                      (a)  Toe following standards  of  per-
                                                                                    formance establish the quantity or qual-
                                                                                    ity of  pollutants or pollutant properties,
                                                                                    controlled by tbls paragraph, which- may
                                                                                    be  discharged  by a  new  aourcs  subject
                                                                                    to the prorldons of this subpart:
                                                                                                      ZAuat BmlUflons
                                                                                       SShml
                                                                                     ctiiRcutufla
                          Mulmnm tar    nliui lot M
                           •air 1 day   muneadn 4m
                                     3UU not ii
          BOO*.
                                                                                    	taiN,
                                                                                    9uin 1 o.
                                                                                                          aiuu fpouivl* pi
                                                                                                      I DM bbl ol re«burk>
                                                                                                     11
                                                                                                     1 I
                                                                                                    41 J
                                                                                                     1.7
                                                                                                    t a
                                                                                                      IO7
                                         I t
                                         : o
                                        U
                                                                                                                   no
                                                                                                 Wllbta uw nivf* i 0 u v u.
                                                                                   1 tn UTT a« hi vbktt U5« ippllauit ran dmani«rou
                                                                                  thw CM ehlofldi laa aaatmimlaa k& ui« mflDini *ir>t
  • pwuMurlnU*aa(COO Effln.ni UBUIUIOIK far TOC iauk b* bwvd on idluent 4au trom lh« ptenl eomtaUni TOC u BOD/ If in tlu Judrraunt ol itti Drftoul AdralnJstruor, idtqnw* mmUuan dM> m not anUttoU. itt* tffltunc URUOUaiu for TOC ilull »• oubUiliwi ti t rmto o< U u l u ta* *»»UnbU imuiai Ualutioui ou Uou«. HO. 91—Pt. KCIITU, VOL 39, NO. ft—THUnOAT, MAT », 1974 141

  • -------
    16568
    
       (b)  The limits set forth In paragraph
    (a) of this section are to be multiplied
    by the following factors to calculate the
    m—i~>,,*n for any one day and mMJminn
    average  of  daily values for thirty con-
    secutive days.
       (1)  Size factor
                J BorrelJ at fetdatocM     Sl*»
                 par rtrtam day        /actor
    0 CO 34i9. !•••• .•• . •• ••• . • • • .-••••-  0, 88
    3S to 14,9	J-00
    75 to  109:9	* 1.1«
    110 to 149.9	.	  *»»l
    100 or timtwr                       L. 41
       (3)  Process factor
    U  to 3.49..
    SJO to 8.49..
    UO to T.49..
    TJO to 9.49
           lOJO or gnater.
     Proecu
     taator
    _   O.S8
    ._    .81
    ..   L13
    _   1.00
    ..   LS7
       (3)  See the  comprehensive  example
    Subpart O I 419.42(b)(3>.
       (c)  The provisions  of  I 419.13(c>  (1)
    and (2) apply  to discharges of process
    waste  water  pollutants  attributable to
    storm  water runoff and ballast  water by
    a  point source subject to the provisions
    of this subpart.
         The Quantity and  quality of pol-
    lutants or pollutant properties controlled
    by this paragraph, attributable to once-
    through cooling water, are excluded from
    the discharge allowed by paragraph (b>
    of  **'«• section. Once-through cooling
    water  may be  discharged  with a total
    organic carbon  concentration not to ex-
    ceed 3 mg/1.
    9419.26  PrMiwalment alandard* for new
      The pretreatment standards under sec-
    tion 307(c> of the Act for a source within
    the cracking subcategory. which is a user
    of a publicly owned treatment works (and
    which would be a new source subject to
    section 306 of the Act. If it were to dis-
    charge   pollutants   to   the   navigable
    waters). shall be the ttandard set .'orth
    In Part 128 of this chapter, except that.
    for the purpose of  this section, I 128.133
    of this chapter shall be amended to read
    as follows: "In  addition to the prohibi-
    tions set forth In I 128.131 of this chap-
    ter,  the pretreatment standard  for In-
    compatible pollutants introduced Into a
    publicly owned treatment works  shall be
    the  standard of performance for  new
    sources specified In  i 419.29:  Provided.
    That. If the publicly owned treatment
    work* which  receives the pollutants Is
    committed. In Its NPOES permit, to re-
    move a specified percentage  of  any in-
    compatible pollutant. t**«» pretTeatment
    itandard applicable  to  users  of such
    treatment works  shall  be correspond-
    ingly reduced  In  stringency for  that
    pollutant."
      Subpmt C   PeHochemlcel Subcategory
    3419.30  Applicability I   description  of
         the petrochemical aubealegory.
      The provisions of this subpart are ap-
    plicable to all discharges from any facility
    which produces petroleum products  by
    the use of topping, cracking  and petro-
          RULES AND REGULATIONS
    
    chemical operations, whether or not the
    facility Includes any process In addition
    to topping, cracking and petrochemical
    operations. The provisions of this  sub-
    part shall not be applicable however, to
    facilities which  Include  the  processes
    specified in Subparts O or E of this part.
    g 419.31  Specialised definition*
      For the purpose of this subpart:
      (a) Except as provided below, the gen-
    eral definitions, abbreviations and meth-
    ods of analysis set forth In Part 401 of
    this rharrfflr *h°'1 apply to ***** subpart.
      (b) The term "runoff* shall mean the
    flow of storm water.
      (O The term "ballast" shall mean the
    flow of waters', from a ship, which Is to
    be treated at the refinery.
      (d) The term feedstock'* shall mean
    the crude oil and  natural gas  liquids
    fed to the topping units.
       The  term  "once-through eoolmg
    water"   shall  mean  those waters  dis-
    charged that are used for the  purpose
    of heat  removal and that do not come
    into direct contact with any raw  ma-
    terial. Intermediate or  finished product.
      (f) The  term  ••petrochemical  opera-
    tions" shall mean the production of sec-
    ond generation petrochemicals (Le. alco-
    hols,  ketones.  cumene.  styrene. etc.)  or
    first generation petrochemicals and Iso-
    mertsation  products (Le. BTX oleflna,
    eyciohexane. etc.) when  13 percent or
    more of refinery production is  as  first
    generation petrochemicals and Isomerl-
    zatlon products.
       The following abbreviations shall
    mean: (1) Mgal means one thnuwnrt gal-
    lons:  (2) Mbbt means one thousand bar-
    rels (one barrel  Is equivalent  to  42
    gallons).
    S 419-32   Effluent limitation* guideline*
        representing  the degree* of  effluent
        reduction  attainable  by the applica-
        lion of  lhe>  best practicable control
         technology eurrenliy available.
      In  establishing the  limitations  set
    forth In this section. EPA took Into  ac-
    count all Information It was able to col-
    lect, develop and solicit with respect to
    factors  (such as age and size of plant.
    raw mne»ri«j«  manufacturing processes.
    products produced, treatment technology
    available,   energy  requirements   and
    costs) which can affect the Industry sub-
    categorization  and effluent levels  estab-
    lished. It Is.  however, possible that data
    which would affect these limitations have
    not been available and. as a result, these
    limitations should be adjusted for cer-
    tain plants In fc*1** industry. An individ-
    ual discharger or pther interested person
    may submit evidence to the  Regional
    Administrator  (or to the State,  if  the
    State has the authority to Issue NPDE3
    permits)   that factors , relating  to  the
    equipment  or  facilities  Involved,  the
    process applied, or other such (actors re-
    lated to  such discharger are fundamen-
    tally different  from the factors consid-
    ered In  the establishment of the guide-
    lines.  On the basis of such evidence or
    other available  information,  the  Re-
    gional Administrator (or  the State)  will
    make  a  written  finding that such fac-
     tors  are or are not fundamentally dif-
     ferent; for that facility compared to those
     specified In the Development Document.
     If such ftiTi****"*"*-^1? different factors
     are found to exist. :he Regional Adminis-
     trator or the State shall establish for
     the discharger effluent limitations In the
     NPDES permit either more or less strin-
     gent  than  the limitations  established
     herein,  to the extent dictated by  such
     fundamentally different factors.  Such
     limitations  must  be approved  by  the
     Administrator  of  the  Environmental
     Protection Agency.  The Administrator
     may  approve or disapprove such llmlfa-
     tions. specify other limitations, or Initi-
     ate proceedings to revise  these regula-
     tions.
       (a) The following nmi*nM 1 to UM appllcabU •Oiunt Umltailona  on BOO<.
    
       (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 dally values for thirty consec-
    utive days.
       (1)  Size factor
    
    1.000 OoiTt-fj of luditoclt
         per ittom da*              SU* /actor
    0 CO  499	  0.73
    SO loM 9	   .B7
    10O CO  1499..	.	.  1.04
    140 or gnatar.....	...__.	....  1.13
                                     HOIIAl tIGimi, VOL 3*. NO.  91	IXUSSOAY, MAT »,  197*
                                                            142
    

    -------
                                                    RULES AND  REGULATIONS
                                                                                                                         1G5G9
        (2>  Process (actor
     conltgvmtio*               froettg /actor
     3.39 to i-Tl	   !•   11      a.eT
     4.79 to a.T*--..—... .	   -II
     S73 to 8.74	„—	-  1.37
     B.79 to \OM or gm-ur	.....—  1. M
    
        (3) See the  comprehensive example
     SubpartO I 419.42CW (3).
        («> The provisions of i 419.13CO (!)
     and (3)  apply  to discharges at process
     waste  water  pollutants  attributable to
     storm water runoff aad ballast water by
     a point source subject  la tha  provisions
     of thlssubpart.
        (d) Tha quantity and quality of pollut-
     ants or  pollutant  properties  controlled
     by tola paragraph, attributable to  once-
     through   cooling  water,  are  excluded
     from the discharge allowed by paragraph
     (b) ox this section. Once-through cooling
     water may be discharged with a  total
     organic carbon concentration not to ex-
     ceed S mg/1.
     9 419-33  Effluent  llmitttlotu  guideline!
          repreaenlina; the degree ol effluent
          reduction «tlain«ble  by the appliea-
          tioa of the bat nouUble technology
          eeenomieaJlv §ehie»«hle.
       (a) TTl« following limitations  estab-
     lish the quantity or quality at pollutants
     or  pollutant  properties, controlled  by
     this paragraph, which may be discharged
     by a point source subject to  tha provi-
     sions of this subpart after application of
     the best  available technology  economi-
     cally achievable:
                        Ittuni llmfwioni
         1C Shunt
                    	i tor
                     u\r ida»
                                Annctofdtilr
                                 nium tor JO
                               loaUaMuawd—
                   Uttna onlt» fkHntnmi ear 1.000
                         oi>of Cnonack)
          ........
    Oil aitdirran _____
    riwinbc com-
      pound* ........
    AnimnuaatN.. ,
    9ulfldo ........... .
    Tntal chromium..
           4.4
           3
             90
           14
            on
            22
      pliroinfuni. .
    nil
                                   IT
                        .77
                         ou
                        1.2
                                    0031
                   EoiUih oalii (pound! par 1.000 bbi
    nnoj	
    CUD'
    nil ind imat
      noundj
    Ammonia aiN
    .«nuidi
    Tgul eH
    arianlrnt
      ctifDnuofl. ••
    pK ...... _
           L7           L4
    
           M           i?
            a          .28
    
            O3TI          0OI
           10           LJ
            OB           009
            oair          ani
       , •llblo Uu ru«» 4.0 u «JL
    0 pom). iaa lUttoul AdalniitrMar
    TOC M • paruniur la U*a ol COO.
    oiu for TOC Mall b* band oa lOuai
     1 In inr can la TtU«b Hit ippUeaat eaa d«moiutrmt«
    Uiti iBicnlandiloaooaeauraaonln Ui«fflatni Mnadi
    1.0JO  m«/l (1000
    mar nenirau T
    Emsmi Umiuuoiu for TO
    data (rom Uw plant comlatloi TOC u BO Of.
     It In CBI ludfiniot of taa Rational Adnuslimtor
    KiMiaau comlaoon data tn on mitebla. tft> «fflntnt
    llmitauons lor TOC 'ball bo otabltaaod u • ratio o(
    U to  I u Uw tppUcmel* • 73
                                   SO tO °° 9	•.•••	r -J J-   • 87
                                   100 to 1*9.9	La&L. <-»•
                                   100 or gnaw	....	.... l.13
    
                                      <2> Process factor
                                      Process
                                   aUB  to 4.i«
                                   4.7S  to S.T*_.
                                   S.7S  10 9.H
                                   S.71 to 1.0J6 or
                                    , C3>  See toe  comprehensive example
                                   Subpart D I 419.43(b) (3).
                                     (c) The provisions of 1419.13(0  <1)
                                   and  (2)  apply to discharges of process
                                   waste  water  pollutants attributable to
                                   storm water runoff and ballast water by
                                   a point source subject to the provision
                                   of thlssubpart.
                                     (d) The quantity and quality of pol-
                                   lutants 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  ex-
                                   ceed  S mg/L
                                   §419.34   [ Reserved]
                                   | 419.35   Slandarda of performance  for
                                     (a)  Tha following standards of  per-
                                   formance establish the quantity or qual-
                                   ity of pollutants or pollutant properties.
                                   controlled by this paragraph, which  may
                                   be discharged by  a  new  source subject
                                   to the provisions of this subpart!	
    
                                                      KStaoat limitation
                                       Ztniuni                  AnncaofUiUy
                                     eoancMnula    Mailmnm tor    >aluai lor JO
    
                                                             Mail 0011
                                                 Koaia anlti rkllacnini por i.OOJ
                                                       mi of ftiditoct)
    BOOI_ 	
    TBfl 	 	 .
    coo"::::::::":".
    OH *nd inaH......
    Plwaolleoom-
    pouodj. .........
    Ammonia a>M....
    g.jHttfa 	 „„
    Total enrorelua...
    HocavalMit
    ctuonaum. 	
    pB 	 _ 	
    71 S 11 .S
    13.1 : 7
    ua w
    t.9 U
    1U 077
    a 4 10 ;
    140 OBI
    J3 Ul
    ooos ooai
    WIUilo too raon U ta 0 a
    CttftfUi «o«* (poondf par I,«M
    bbl al tnauanl
    SOM_ 	
    TS8 	 	
    COO1 	 -
    Oil and man 	
    ?tunoUaooa-
    IWQnflA ft mm
    Ammonia aiN 	
    Soladt 	
    Total caromlum....
    HtiaralMii
    enramium 	 —
    pH 	
    
    i r «.i
    < a J.j
    41 51
    J.I 1.1
    CM tOl
    as lg
    nso oa
    II* OM
    • (1)
     and (2) apply  to  discharges of process
     waste  water  pollutants  attributable to
     storm  water  runoff and ballast water by
     a  point source subject to the provisions
     of this subpart.
        (d)  The quantity  and quality of pol-
     lutants 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 wa-
     ter may be discharged with  a  total or-
     ganic carbon concentration not to exceed
     Jmg/L
    
     § 419.36  Pr«trealmenl standard* for new
       Tile oretreatment standards under sec-
     tion 307(c> of the Act for a source within
     the petrochemical subcategory. which Is a
     user of a publicly owned treatment works
     (and which would be a new source subject
     to section 306 of the Act. If It were to dis-
     charge pollutants  to the navigable wa-
     ters), shall be the standard  set forth In
     Part 128  of this cnapter. except that, for
     Che purpose of this section.  J 128.133 of
     this chapter shall be amended to read as
     follows: "In addition to the prohibitions
     set forth In 4 128.131 of this chapter, the
     pretreatment standard for Incompatible
     pollutants  introduced  Into  a  publicly
     owned treatment  works shall  be  the
     standard of performance (or new sources
     specified  In  1419.35-  Provided. That, if
     the publicly  owned treatment  works
     wnich receives the  pollutants  Is  com-
     mitted, la Its NPDE3 permit, to remove
     a  specified percentage  of any  Incom-
     patible   pollutant,   the  pretreaunent
    standard applicable  to  users  of  such
     treatment works shall be correspondingly
     reduced In stringency for that pollutant."
    
          Subpart D—Lube Subcalegory •
    §419.40  Applicability;  description  of
         the lube •ubcalcgory.-
      The provisions of this subpart are ap-
     plicable to all discharges  from any facil-
    ity which produces petroleum  products
    by  the use of topping, cracking and. lube
    oil manufacturing processes,  whether or
    not  the facility Includes any process in
    addition to topping, cracking and lube oil
    manufacturing processes. The provisions
                                     HDOAl IfCJSTn. VOL  39, NO. 91—TMUMDAY,  M*r  9, 1974
                                                    143
    

    -------
      16370
           RULES AND IICULAT1ONS
     of this subpart we not applicable how-
     ever.  to facilities  which  Include  the
     ji i ii i in n apecifled IB Subparts C and S
     of this part.
     9 419.41   Sprcialufd definition*.
       For tha purpoaa at this subpart:
       (a)  Except aa provided below, the gen-
     eral   dffl"!'1*?"^  • abbreviation   and
                 analysis set forth la part 401
              C2upter  Thall  apply to  this
     subpart.
        (b)  Tile term "runoff*" shall mean the
     flow of storm water.
          "tta term ••ballast" snail mean the
     flow of water*, tram a ship, which. Is to
     b* Una toil at the refinery.
        (d)  Tho term "feedstock'* shall mean
     the erode oil and natural gas liquids fed
     to the topnl&ff units.
        (•)  Tha term "onee-through cooling
     water* shalT mean  those  waters  dis-
     charged that  an used for the purpose
     of heat removal  and that do  not come
     into direct contact with any raw mate-
     rial. Intermediate or finished product.
       (D The  following abbreviations  shall
     mean:  (1)  ItgsU  means one  thousand
     fallens:. (2) Ubtl means one  thousand
     barrels (ana barrel is equivalent to 49
     1419.42  Emanu limitation.
                             by (ha •ppllca-
         Horn of m« bert pn^icmbie coocn.1
         - _L_ . I _ ^_      -1	 ^__ •  » |
     forth 'to this section. EPA took Into se-
     coant  aa Information  It  was  able to
     collect, develop and solicit with respect
     to factors (such as an and size of plant.
     raw materials, manufacturing processes.
     jniifiif TJ produced, treataient tfirhnftlogy
     available,   eoenr  requirements   aad
    costal which can affect the Industry sub-
    rstimnrlMMnQ  and  effluent  levels  es-
    tablished.  Zt is.  however, possible that
    data which  would affect these limita-
    tions) have not been available and. as a
    result, tbesa Limitations  should be ad-
    justed for certain plants In this Industry.
    An  Individual  discharger or other  in-
    terested  person may submit evidence to
    tha  Brgjonil Administrator  (or to  tha
    State. If tha State has the authority to
    issue TrfFDES permits) that factors  re-
    lating to tha equipment or facilities  In-
    volved, the process applied, or other such
    factors related to  such  discharger  an
    fimrlaitiimrally different from the factors
               in tha establishment of tha
     may approve or disapprove such limita-
     tions,  specify other limits tirmi  or inl-
     tiata proceedings to revise these regula-
     tions.
        (a)  The following limitations  estab-
     lish the quantity  or  quality  of  pollu-
     tants or pollutant properties, controlled
     by this  paragraph, which may be  dis-
     charged by a point source subject to tha
     provisions of this subpvt after applica-
     tion of the best practicable control tech-
     nology currently available:
                                                                                        (b)  Tha limits set forth In paragraph
                                                                                      (a)  of this section are to be multiplied
                                                                                      by the following factors to calculate tha
                                                                                      "•*LW< ••""•' for any one day and maximum
                                                                                      average of dally values for thirty con-
                                                                                      secutive days.
    
    
                                                                                        (1)  aze factor
                                                                                      1.090 oomlt of
    glitrtnilnns, On tba basis of nich evidence
    or  other  available   information,  tha
    Eaajnnel  Administrator (or the State)
    will make a  written ""'""a •*«» nich
    factors are or  an not  fiitiH»jm»tjity
    different for  that  facility compared to
    those specified In the Development Docu-
    ment. If  Mich fundamentally different
    factors an found  to exist, the Regional
    Administrator or   tha State  shall es-
    tablish for the discharger effluent Limita-
    tions la tha NPDEB permit either man
    or  less stringent  than  the  limitations
    established herein, to the extent dictated
    by such fundamentally different factors.
    Such limitations must be approved by
    tha Administrator of the T&vtronmental
    Protection Agency. The  Administrator
                                               <3) fiuunple of the sppllcatlon of the
                                             above factors.
      > la lot am la wWek tfM ipodouit «B t	
    lttm» ta« cflldrtd« lea UUIUMIU too* B u» «atmi« intuit
    1.000 mtfl nteaaamt. IO»  O^aatl idmlnntnw
           dau TOG M • nramiur la n«a at COO.  .„._
          nmudau te TOO riMU b* l~*l oa tOaat  ""»	
                                              If In ite
                                                             at to* Mooal AdBilalimior,
          badeu. cncklnf.
    
    Fluid orttti?*
    Dclmd ooiuw.
    ranter teOotd la UM iw
     THIU	t d
    JUptuil prada
                                                                                                                          IS
    
                                                                                                                          II
                                                                   _______
                                                                 oat tntlmtt*. a»
                                                                          .
                                             IBliManc tm TOO flutt b» •i«hllih«rl a * naa al
                                             U la I H ita inrtlmhb iiTliMic ••—••-" --- *nm
                                                                                a jot bM pw   r»l»UT. ia
                                                                                nnun d*T)   ituauf bput
                                                                        oaaAfuniluo
                                                                                                 .M
    Brt
                                                Total	
                                                    FCO.
                                                                                                its  x
                                               kS
                                               4.0
                                               4,*
                                               «.*
                                                         .Ill  X
                                                        •.OB  X
                                                                      4 -
                   IS -
                   13 -
                                                                                                                        tu
    
    
                                                                                                                        las
                                                                                                                        LIT
                                                                                                                        .a
                                      NOTXS
    
     8« labta 1 4I« UtbXD tar praoM talv. PraoM tator-4iSS.
     »» ubto 1 419 «&> M«a> tar Ul I JOB 6M pw imu> » UB» 1 411 43(«) br bMS it» 9 ..... • feMaf tad du
     BODt llaui (nmlmnni tar WT 1 
    -------
                                                    RULES AND REGULATIONS
                                                                                                                         16571
       (d) The quantity and quality of pollut-
     ant! or  pollutant  properties controlled
     by this paragraph, attributable to once-
     toroiigh ooollng water, an excluded from
     the discharge allowed by paragraph (b)
     of this  Motion,  Once-through  cooling
     water  may  be discharged with  a  total
     organic carbon concentration not to ex-
     ceed 9 mg/L
     9419.43   Effluent  limitation* guideline*
          repraratina; the degree of effluent
          redaction attainable by the  applica-
          tion  of  the beat available technology
          aeoBonkally achievable.
       (ai Th»> following limitations eatab-
     Uab, the quantl^ or quality at pollutants
     or pollutant propertie*, controlled by this
     paragraph, which may be  discharged by
     a point source subject to  the provision*
     of tola subpart after application of the
     best  available  t**<^"**j-pgy  economically
     achievable:
                                     •ofdailr
                      107 I OUT    ooMMOdw dan
                                •AaUaotand—
                    •MrM oani ftUocnau par 1.000
     BOW—
     cooT'I"!
     ou
           T.4          «J
          40           S9
           I 4          I.I
            ON          .QM
    
           it          4.3
           .10            10
           .as           .at
           .oon         JOB*
    
    ,.. wuah»taomn»4.0ta          at
    
    pal0/.	 Wlthlaibaraat»*-0to«0,
     > la any eaai la walcn tao appUeaat can damoannu
    that Uu ealorldt Ion eoaeinirauon In ta* iffinul «iendi
    1.000 me/1 (l.OOOpom). U. Rational IdmlBUiraior mar
    •ttnltau TOC •• a paraawtar la U«o of COO. Xfflnuc
    Umluoonjior TOC ittall ba biaid on aOroaat data from
    UM plaat oornlaoiK TOC ta BOOJ.
     If In too Indcrawat of ino Baatenal AdmJaumur.
    idaaoau oomlaOoa data aro not trailaala, taa pmn fotaailinid ai a ratio ol U
                                             la I to Uw appUeaBU •Olntni Umltatlona on SOD<.
    
                                               (b)  The limits set forth In paragraph
                                             («,) of this section are to  be multiplied
                                             by the following factors to calculate the
                            maTtmnm for any one **"-y and maximum
                            average of daily values for thirty con-
                            secutive days.
                              (1) Size factor
                            1400 oorrete of fetdttoele
                                 per iteorn day
                            30 to aB.g	
                            TO to 1009.
                            110 to 140.0.,
                            130 to 190.0	
                            300  or
                              (2) Process factor
                            Proeat* conitouratfon
                            «.0 or loan to 7.08	
                            10 to 9.00..
                            10.0 to 11.99	
                            13.0 or
                              (3)  See the comprehensive example
                            Subpart D I 419.42(b) (3).
                              (e)  The provisions of I 419.13(c)  (1)
                            and (3) apply to discharges of process
                            waste water  pollutants attributable to
                            storm water runoff and ballast water by
                            a point source subject to the provision of
                            this subpart.
                              (d)  The quantity and quality of pol-
                            lutants 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 wtth  a total
                            organic carbon concentration not to  ex-
                            ceed 9 mg/1.
                           § 419.46   Prctrcilmenl tUndardi Tor new
       The  pretreatment  standards  under
    section 307(c)  of the Act for a  source
    within  the lube subcategory.  which is a
    user  of  a  publicly  owned  treatment
    works (and which would be a new source
    subject to section 308 of  the Act,  If it
    were to discharge pollutants to the nav-
    igable waters).  shall be the standard set
    forth In Part 128 of this chapter,  except
    that, for  the purpose  of this section.
    i 128.133   of  this   chapter  shall   be
    amended to read as follows: "In addition
    to the prohibitions set forth In } 128.131
    of this chapter, the pretreatment stand-
    ard  for Incompatible  pollutants  Intro-
    duced Into a publicly owned  treatment
    works shall be the standard of perform-
    ance for new sources specified In ] 419 43:
    Provided,  That.  If  the  publicly owned
    treatment  works which receives the  pol-
    lutants Is committed. In Its NPOES per-
    mit, to remove a  specified percentage  of
    any  Incompatible pollutant,  the  pre-
    treatment standard applicable  to users  of
    such  treatment works  shall  be corre-
    spondingly reduced In stringency for that
    pollutant."
    
       Subpart E—Integrated Subcategory
    
    § 419.30   Applicability;  description  at
         the integrated nib-category.
      The provisions of H"T subpart are ap-
    plicable to all discharges resulting from
    any  facility  which produces  petroleum
    products by the use of topping, cracking.
    lube oil manufacturing  processes, and
    petrochemical operations, whether or not
                                             IfCISTII. VOL 39. NO.  91—rNUUOAr. MAT 9,  1974
                                                    145
    

    -------
    16S72
                                                  RULES AND REGULATIONS
    the facility Include* any process in addi-
    tion to looping, cracking, lube oil manu-
    facturing  processes and petrochemical
    operation*,
    | 419.51   Spedolkea definition*.
      For the purpose of this subpart:
      (a)  Except as provided below, the gen-
    eral definitions, abbreviations and meth-
    ods of analysis set forth in Part  401  of
    tola chapter shall apply to this subpart.
      (b)  The term "runoff" shall mean the
    flow of storm water.
      (c)  The term "ballast" shall mesa the
    flow of waters, from a ship, which la  to
    be treated at the refinery.
        Tne term feedstock'* shall mean
    the crude oil and natural gas liquids fed
    to the topping units.
      (•)  Tne term  "once-through cooHng
    water" shall mean thcae waters  dis-
    charged that an used for the purpose
    of beat femoral  aad that  do not come
    into direct contact wtth any raw mate-
    rial, intermediate or "«'*t"^t product.
      (f) Tne term  'petrochemical opera-
    tions' shall mesa the production of sec-
    ond  generation  petrnBhrtntrahi    The following abbreviation* shall
    mean?  (1)
    gailonss  (2)  Tfirfri 9*m*nm tflim thousand
    barrels (one barrel is  equivalent to  42
    0 419.52  Efflaent UmiUootu (uideiinea
         rnpriamllm taw Jtajua at affluent
         redaction •aaauoU fcr tb« applica-
         tion of tfco hea* practicable eoacrai
      In establishing the limitations set forth
    la this section. EPA took into account aO
    information it was able to collect, devel-
    op and solicit with  respect  to  factors
    (such as age and size of plant, raw mate-
    rials, manufacturing processes, products
    produced,  treatment technology  avail-
    able,  energy  requirement* and  costs)
    which can affect  the Industry subcate-
    gorhtatton and effluent levels established.
    It la. however, possible  that data which
    would  affect these omitations nave not
    been  available and,  as a result, these
    limitations should be adjusted for cer-
    tain plants la tins industry. An individ-
    ual discharger or other interested per-
    son may submit evidence to the Regional
    Administrator (or to the State,  tf the
    State has the authority to Issue NFDE3
    permits)  that factors  relating  to the
    equipment or facilities  involved,  the
    iuuceas applied,  or other such  factors
    related to  such  discharger  are  fun-
    damentally  different  from  tfr*  fac-
    tors considered In the  establishment of
    the guidelines. On the basis of such evi-
    dence  or other  available  Information.
    the  Regional Administrator  (or  the
    State) will make a written finding that
    such factors are or are not fundamen-
    tally different for that facility compared
    to those specified  In the Development
    Document, If such fundamentally dif-
    ferent factors are found to exist, the Re-
     gional Administrator or the  State shall
     establish for the discharger effluent lim-
     itations  In  the NPDES  permit either
     more or less stringent than-  the limita-
     tions established herein,  to  the extent
     dictated by such fiin*1?'*i**l>nny different
     factors.  Such  limitations must be ap-
     proved by the  Administrator of the En-
     vironmental Protection Agency. The Ad-
     ministrator may approve  or  disapprove
     such limitations, specify  other limita-
     tions,  or Initiate proceedings to revise
     these regulations.
       (a)  Tne following limitations fstab~
     lisa the  quantity or quality of pollut-
     ants or  pollutant properties, controlled
     by this  paragraph, which may be dis-
     charged by a point source subject to the
     provisions of this snbpart after applica-
     tion of the best practicable control tech-
     nology currently available:
     BODC-
     Taa__
                      Mi
                      0.1
    
                      1T.1
    
                       .M
                      a.4
                       .11
     Si*
     NL3
    US
     11
    
      .10
     tie
      .us
    :      .air          .an
    , WHaanaai«ttgi4.0tBtA	
    
              .UnrndiperlAObaT
     BOD*_
     Tsa,.
                      IL*
                      IM
                       4.*
    
                        14
                       1,1
                                 10,3
                                  II
                                 TO
                                  12
                                  IS
                                   .09S
                                   .17
                  , WUUa UM net* 44 ta 1.0.
      i [a aar eaai la
     Ja» laaehkwMe
    OMOI 1.000 nwri 11409 pcxa)
    mar ailMlima TOO at •
    —  -  -  - Jem tar TO	
              )Ua< aamlaaat TOG ta BO
                  .	la UM •Oout u>
                  pen), UM Btelaeal Admioueniar
                  •     	la in rf COD.
    XOant oaiuilm Icr TOC iteU b« bMd oa
                                               (c)  The provisions of I 419.12(c) (1)
                                             and (3) apply to  discharges of process
                                             waste water pollutants  attributable to
                                             storm water runoff and ballast water by
                                             a point source subject to the provisions
                                             of this subpart.
                                               (d)  Tne quantity and quality of pollut-
                                             ants  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  concentration  not  to exceed
                                             5  mg/L
    
                                             9419.53  Efflaent limitation* gauMinc*
                                                 Iii|iimuling UM  dccraa  of effluent
                                                 redaction  attainable by UM applica-
                                                 tion 04* UM bod available technology
                                                 nrnnnmirally schlayaala.
    
                                               (a)  Tn* following  limitations estab-
                                             lish the quantity or quality of pollutants
                                             or pollutant properties, controlled by this
                                             paragraph, which may be discharged by
                                             a  point source subject to the provisions
                                             of this snbpart after  application of the
                                             beat available *»->
                                             achievable:
                                                               ota oatti (UlaevH par
                                                               IfCO Of Of f» (3).
                                             i ta aay CBM la wMah UM topUxat aa damaiuow*
                                            lau UM ealorld* lea aoooiainaoa la UM •ffloaat n-
                                            tftiM 1.000 mtfl a.OWppm). UM Bminnil A.aauni*-
                                            trmtar mar lonattBta TOG ai * panoMiar ta U« o<
                                            COO.  loaan UautaOaai tar TOO uuU ba bunt oo
                                            IAMBI daia Bum UM alaat eomlailnf TOO ta BO lit.
                                             LT In UM rQdnmiat at UM  Ranaeal Admiolicncar.
                                            irtaqaaia aanvlaooa data an OM anilabM. UM «ffln«n«
                                            llramnnna tar TOC laaU ba •uaoated •* > raUa at
                                            U ta I u UM appltoabM ifflaaat uaiuuoai oa BOM.
                 (b)  The limits set forth In paragraph
               (a) of this section are to be multiplied
              by the following factors to calculate the
              fpja^tniTTtt fop any one day and ^ia**^"^
              average  of  dally values for thirty  con-
              secutive  days.
                 (1)  Size factor
    
                                                 fin
                                               /actor
                                           __  0.49
                                           _—   .09
                                           ___  i.03
                                            UNO Barrel* of
                                                 p*r itrtam day
                                            70 to 1449	
                                            14S  Co 318.9—
                                                                                    330 or (niter...
                                    HDIIAl aOISTII. VOL 19.  NO.  91—THUIJOAr. MAT 9.  1974
                                                            146
    

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                               RULES AND  REGULATIONS
                                                                                                    16373
       <3> Proeesa factor
       Pronn                        Procuf
     eonflyvrattm                      factor
     8.0 or lew to 7.49 --------------------  0 78
     74 to 8J9.. ------------------------  1.00
     9.0 to lOJ or gr«*Mr -----------------  1-30
       (3) See  the comprehensive  example
     Subpart O I 419.43 (b) (3) .
       (o) The provisions of I 419.13(c> (1)
     •ad  (2) apply to discharges at process
     waste water  pollutants  atttrlbutable  to
     storm water runoff and ballast  water by
     a point source subject to the provisions
     of tola subpart:
        Tie quantity and quality of pollu-
     tants or pollutant properties controlled
    'by this paragraph, attributable to once-
     through «««iiinf water, are excluded from
     to* discharge allowed by paragraph (b)
     of this section.  Once-through cooling
     water may be discharged with a total or-
     ganic carbon concentration not to exceed
     9 mg/L
     8 419.54
     g 419.53
              Standard* of performance for
      (a) Tna> following standards of per-
    formance establish the quantity or qual-
    ity of pollutants or pollutant properties.
    controlled by this paragraph, which may
    b» discharged by a new source subject to
    the proTialona of this subpart:
    
                              Hmlti**ima
                     u>7 l          .u
    
                        004T         0001
                   Within la* no** to la • A
     I to IBT em la woloa the •optteeat eta danaamu
    IBM tbi cblandi loo eoooianaaa la tn> (aaaat eiBiili
    1JJOO win (1.800 ppm). ttu Rxloiul Adnlaumiar mmr
    •b«MUU TOG M • piAOUtar la Ueu of COO. Bfflomt
    ttmiuaoni tar TOO «n«fl be evod oa tffliuat d>u (ram
    tte pl*at eamUOoi TOC to BODJ.
      U la to* ladcsuat el tn«  lUtioail Adounlnnier.
    tdtqnmu eomlulaa data in not >ml*Ai*. in* ifflumt
    "—'—•—- let TOC tn»ll be enaolUIMd «t • nuo of 2.3
    la i to to* kppuaale .
       (e)  The provision of I 419.13(c>  (1)
    and (2) apply  to discharges of process
    waste  water  pollutants attributable to
    storm  water runoff and ballast water by
    a  point source subject to  the  provisions
    of this subpart.
       (d)  The quantity and quality of pol-
    lutants  or  pollutant   properties  con-
    trolled 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 ex-
    ceed 5  mg/1.
    3 419.56  Pretmlmenl •undardi for new
      The pretreatment standards under sec-
    tion 30T(c) of the Act for a source within
    the  Integrated subcatcgory. which Is  a
    user of a publicly owned treatment works
    (and which would  be a new source sub-
    ject to section 306  of the Act. If It were
    to discharge pollutants to the navigable
    waters). shall be the standard set forth
    In Part 128 of this chapter, except that.
    for the purpose of  this  section.  ] 128.133
    of this chapter shall be amended to read
    aa follows: "In addition to the prohibi-
    tions set forth In i 128.131 of this chap-
    ter,  the  pretreatment standard for  In-
    compatible pollutants Introduced Into  a
    publicly owned treatment works shall be
    the  standard of performance  for  new
    sources specified In 1419.55:  Provided.
    That. If the publicly  owned treatment
    works which  receives  the pollutants la
    committed, In Its NPDE3 permit, to re-
    move a specified percentage of any  In-
    compatible pollutant,  the pretreatment
    standard  applicable  to users  of such
    treatment works shall be correspondingly
    reduced hi stringency for that pollutant."
      (FB Doe74-10448 FUtd 1-8-74:8:41 un|
                  F*OfftAl  U«I$TH. VOt J9,  NO.  ft—THUISDAr.  "HAT 9, 1974
    
    
                                   147
    

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                                                 RULES AND REGULATIONS
                                                                                                                  21'
      TWe) 40  PiutBCUun of th« Environment
    
         CHAPTER I — ENVIRONMENTAL
             PROTECTION  AGENCY
                N— cmuENT GUIDELINES AND
                  STANDARDS
       PART 419— PETROLEUM REFINING
          POINT SOURCE  CATEGORY
        EffliMnt Limitations. Guidefirws end
       PnrtrmtriMnt Standards; Amendments
      On Mar 9. 1974. effluent limitations.
    guidelines, and standards of performance
    and pretreatment  standards  for  new
    sources were  published applicable to the
    topping subcategory.  cracking  subcate-
    gory. petrochemical  subcategory.  lube
    subcategory. and Integrated subcategory
    of  the petroleum  refining category of
    point sources. Public  participation  pro-
    cedures (or those  regulations were de-
    scribed in the preamble thereto, and are
    further discussed below.
      Petitions for review of the regulations
    wen filed by the American Petroleum In-
    stitute and others on August  28. 1974.
      After  the regulations were published.
    comments were received criticizing  cer-
    tain aspects of the regulations.  As a re-
    sulk of these comments, the Agency con-
    cluded that the ranges  used in preparing
    the size  and  process  (acton were too
    bromd. Accordingly, a  notice was pub-
    lished In the Ft D MAI. Riaarn (Thurs-
    day. October 17. 1974. 39 PR 37069) of the
    Agency's Intention to reduce the range
    sizes.
      In response to the October 17  notice, a
    variety of detailed  comments were re-
    ceived concerning all aspects of  the  reg-
    ulations. The commenters sought major
    modifications  of  the  regulations  as
    promulgated.
                                              The Environmental Protection Agency
                                            baa carefully  evaluated  all  comments
                                            which were received. The data base and
                                            methodology have been reexamined. and.
                                            in some cases, new data have been gath-
                                            ered and reviewed.
                                              Most commenters  favored the changes
                                            outlined  In the modifications proposed
                                            on October 17th.  However, many more
                                            substantial changes were sought by com-
                                            menters. The Agency has concluded that
                                            promulgation of the proposed modifica-
                                            tions la appropriate.  However, the record
                                            does not  warrant,  except In two  In-
                                            stances.  the   additional   modifications
                                            sought. The bases for the Agency's con-
                                            clusions an set  forth  in  detaL below.
                                            with responses to ail  major comments re-
                                            ceived.
                                                Bzaroir or TH* RZCTTLAIXOMS
       Background. With the enactment  of
     the  1972 Amendments to the  Federal
     Water Pollution Control Act (FWPCA) .
     the  Effluent  Guidelines Division of the
     Environmental Protection Agency (EPA)
     assumed responsibility for  the prepara-
     tion of effluent guidelines and limitations
     under sections 301 and 304 of the Act.
       The Petroleum  Refining Industry  In
     the  United States and Its  territories Is
     made up of  253  refineries.  These  re-
     fineries produce a wide range of petro-
     leum and  petrochemical products and
     Intermediates from crude oil and natural
     gas liquids.
       The size and ttrpe of hydrocarbon mole-
     cules and impurities contained In  crude
     oils from around the world vary  greatly.
     as do the products produced at each re-
     finery. The configuration of a refinery Is
     therefore a function of the type of feed-
     stock used (crude oil  and natural gas
     liquids)  and  the products which are  to
     be produced.  There are several hundred
     different processes used In  this Industry
     because of these variations  In feedstocks
     and products. The general  categories  of
     processes used  are:  (1)  Distillation.
     which separates hydrocarbon molecules
     by differences In  their  physical  prop-
     erties  (boiling points) : (2)  cracking.
     which Is the breaking down of high mo-
     lecular  weight hydrocarbons to  lower
     weight  hydrocarbons:  (3)  polymeriza-
     tion and alkylation. which rebuild the
     hydrocarbon  molecules:  (4)  Isomeriza-
     Uon and reforming,  which   rearrange
     molecular structures: (5) solvent  refin-
     ing.  which Is the separation of different
     hydrocarbon  molecules by differences  In
     solubility in  other compounds:  (6) de-
     salting and hydntreatlag. which  remove
     Impurities occurring in the feedstock : (7)
     the removal of Impurities from finished
     products by various treating and finish-
     ing operations: and (8) other processes.
       Several yean ago.  the industry began
     classifying refineries Into five categories :
     A. B. C. D. and EL Each  category was de- -
     fined as follows:
     A— Rennenea ualng distillation and any other
      proce-aes except cracking.
    B— Rennenn ualng distillation, cracking. and
      any other preceia. but with no petrocheml-
      cal or lute oil manufacturing.
     C—Category a. wltn tne addition of p*oo-
      chemleala.
     O—Category B. with the addition of tub* olU.
     E— Category a.  with  the addition of both
      petrochemical* and lutw oils.
       Petrochemicals as used by the Industry
     meant  any amount of production In a
     groun of compounds historically defined
     as  "petrochemicals". These  compounds
     Included some produced  through proc-
     esses normally associated with refineries.
     such as Isomerlzation or distillation, and
     will be referred  to as first generation
     petrochemicals. The second groun of
     comnounds  considered  petrochemical)
     were those produced through more com-
     plex  chemical  reactions. These com-
     pounds wi'l be referred to as second gen-
     eration petrochemicals.
       The Agency was riven the task of es-
     tablishing  effluent limitations  for  this
     diverse group of refineries. The flnt step
     needed was a breakdown of the Induitrr
     Into .'mailer groups of refineries, slrce
     the flow per unit of production within
     the industry was too diverse to  be fit by
     a single set  of  limitations. Refineries
     were subcategorized based upon process
     configurations. I.e.. the process used on
     the f eed'tock.
       Once the Industry wan subcategorlred.
     It was  necessary to determine  how the
     effluent limitations would be derived and
     what limitations  would be  established
     for each subcategory. Since refinery per-
     formance data (effluent concentrations)
     seemed to be independent of subcater
     EPA concluded that a single 
    -------
     a wo
          RULES AND REGULATIONS
     Guidance for the Petroleum Refining In-
     dustry, was retained to prepare a Draft
     Development Document for Effluent Una-
     i^iooa Guidelines and New Source Per-
     formance Standards for the Petroleum
     Refining Point Source Category. After an
     additional six-month study of the Indus-
     try. Weston submitted a draft report In
     June. 1973. which proposed a somewhat
     different  subcategorlzation   approach
     than had been used previously. These
     modifications  In pibeategorization wen
     In recognition of the wide range of In-
     dustry  complexities found within  the
     original five subcategoria and consti-
     tuted dlrlslon of the B subcategory (Into
     B-t and 3-2)  based on Che amount of
     cracking, ••••j ***(
    met with  EPA on several  occasions In
    January. February, and  March,  1974. At
    these meetings API presented a new sub-
    categorization technique which had been
    developed by one of its subcommittees.
    Additional meetings were held with API
    through April for  further discussion of
    the API proposed subcategorization tech-
    nique and of  EPA's response  to their
    proposal.
      API proposed a  method of predicting
    raw waste loads (or each refinery based
    on a regression analysis (best fit) per-
    formed  on the data for various waste
    parameters drawn from the 1973 refinery
    survey carried out Jointly  by AFX  and
    EPA. This approach would predict ex-
    pected flows and raw waste load levels for
    such parameters aa BOD. COD.  etc. API
    proposed guidelines that were to be de-
    rived from the raw  waste loads by assum-
    ing  a  removal   efficiency   for  each
    parameter.
      There were several  major problems
    with the specific approach recommended
    by API: (1) After Initially running their
    regressions. API discarded 20 percent of
     the data points In order to Improve the
    correlation. Uuch  of the discarded data
    pertained to  large rrtlnirlw. Thus, the
     validity  of the analysis, particularly as
     applied to those refineries, la open to se-
     rious questions.  (3)  API adjusted  the
     results of the mathematical analysis by
     making  "engineering  judgments.**  The
     Agency  could find no defensible basis
     for these Judgments.  (3)  The results of
     the regression on raw waste  load showed
     little hope for a further subcategoriza-
     tion  because  of the  poor  correlations
     found. This might. In part, be explained
     by the fact that the regression data base
     Included only a single day's sample  for
     each refinery for each of  the raw waste
     load parameters  (BOD. COD.  etc.).
       A major drawback to APTs proposal
     that EPA use  these analyses was that a
     separate regression and «et of  criteria
     (achievable removal efficiency) would be
     required for each parameter  (BOD. COD,
     suspended solids, oil and grease, phenol-
     lea, ammonia, sulfides. and  chromium).
     Based on API's  Initial work, this ap-
     proach did not  appear to be  workable.
     API expected to complete, by September
     1974. a report embodying their recom-
     mended approach: this report  has never
     been submitted to the Agency.
       Nevertheless, it appeared  that the  re-
     gression  analysis proposed by API might
     work well In  predicting  differences  In
     flow volumes  from refineries  based  on
     the configuration of each refinery, be-
     cause the dry  weather flows from refin-
     eries are relativley  constant and the
     one   day's  data  (taken   during  dry
     weather) gathered In  the API/EPA sur-
     vey would therefore be representative. A
     procedure for  predicting flows based on
     refinery  characteristics would also  be
     usable In connection with the  approach
     used In the proposed regulations, since
     the limitations were based on achievable
     concentrations for each parameter mul-
     tiplied by a flow for each snbcategory.
       After several  months  of  work. EPA
     arrived at a technique, utilizing  regres-
     sion analysis,  for predicting flows. The
     promulgated regulations are baaed upon
     this technique. It was found that size as
     weU as  complexity (type  of processing
     carried  on In  each refinery)  bad  an
     effect on  the expected flow volume. Using
     the results of a regression analysis would
     then allow the limits to vary up or down
     for each, refinery based  on the  actual
     characteristics of the Individual refinery.
       SPA compared the median flows used
     In the proposed regulations and the flows
     predicted by the regression, to the actual
     refinery  flows given  In  the  API/EPA
     survey. It was  found that the regression
     predicted flows  for the  Individual re-
     fineries  more  accurately  than did  the
     mrrtlan for the appropriate subcategory.
       In the  final regulations.  EPA's regres-
    sion analysis was used to develop factors
     by which the median flows are adjusted
     up or down, depending upon  the com-
     plexity and size of the refinery. For ex-
    ample, a complex, very large refinery
     would be predicted to have a higher flow
     per unit of production than a simple, less
     complex refinery.
       3.  Sources ot data. One of  the diffi-
     culties encountered In developing these
     regulations has been, except for. the data
     supplied  by the API lor flows, obtaining
     usable data. Pew refineries either kept
     data on their  effluent or reported It if
     kept. The data used and relied upon by
     EPA represents a significant fraction of
     all the pertinent data extant.
       The draft contractor's report utilized,
     for  Its flow data. Information from 94
     of the refineries, of the 1973 API/EPA
     Raw Waste Load  Survey. The achievable
     concentrations In the report for Best
     Practicable Technology  (BPT)   (1977)
     were based upon data from 13 refineries.
     upon reference materials, and upon pilot
     plants.  These  13  refineries, misnamed
     "exemplary" refineries, were selected be-
     cause they had treatment  in place and
     data available: they did  not necessarily
     represent the best or even the better re-
     fineries.  The achievable  concentrations
     In the contractor's report for Best Avail-
     able  Technology  (BAT)   (1983)  were
     based upon pilot plant and reference ma-
     terials. The variabilities used In the re-
     port  were denved from those of  the 13
     "exemplary" refineries for which long-
     term data were available.
      The proposed regulations were issued
     using the same data as that In the con-
     tractor's report.
      The flow basis of the fl al regulations
     was  the same as that of the contractor's
     report. The BPT achlevaole concentra-
     tions used  In the final regulations were
     the same as those in the contractor's re-
     port, except that three  additional re-
     fineries were used to calculate the chemi-
     cal oxidation demand (COD) concentra-
     tions. The BAT  achievable co-Genera-
     tions for those regulations were the same
     as the contractor's. For variabilities, data
     from five   additional Rflneries  were
    added to those used In the contractor's
     report.
      For EPA's reconsideration of the reg-
    ulations, leading to promulgation of the
    amendments to the effluent limitations
    guidelines, the flow basis did not change
    from that utilized l-i the contractor's re-
     port. In reexaminlng the BPT achievable
    concentrations, however, additional re-
    finery data were used, as well as the data
    from the above-cited  13  refineries used
    for the final regulations. In  reexamining
    the BAT achievable concentrations, ad-
    ditional references and pilot pla-t data
    were  used.  Long-term data  for 7 addi-
    tional refineries were used In the recon-
    sideration of the variabilities.
      3. flow oasis. In the draft contractor's
    report the flows from the refineries were
    broken down Into three  categories:  1)
    process water.  2)  storm runoff, and  3)
    once-chrough cooling water. The process
    waters Included: waters which come into
    direct contact with a  product. Interme-
    diate, or raw  material:  contaminated
    storm runoff:  and cooling  tower blow-
    down. Process waters were considered to
    require treatment, and were to be segre-
    gated and  discharged separately from
    clean storm  runoff  and once-through
    cooling water which were presumed to be
    unconlaminated. If the clean storm run-
    off and once-through cooling water were
    contaminated, however, no additional al-
    locations were made.
      The process flows appropriate to each
    subcategory were  derived from the 1973
                                    nootAi racism, VOL  *o, NO. »s—TUISOAY, MAT 20, ivrs
                                                         149
    

    -------
                                                 RULES  #4°  REGULATIONS
                                                                            21941
     API/EPA surrey. This surrey rave total
     flow  data  (process  water  plus  once-
     through cooling water) for 138 refineries.
     Since Weston's proposed allocation was
     to be based on process flow. It was ap-
     propriate to restrict this data base to the
     94 refineries having less than 3 percent
     removal of heat by once-through cooling
     •water. Of the 94 refineries. 75 had no
     once-through coollnc water.
       EPA continued  to use the 94-reflnery
     data  base, because It was believed that
     the Inclusion of the 19 refineries with 1-3
     percent of heat removal by once-through
     cooling would only cause a slight over-
     estimate at the process water flows and
     that  the  disadvantage  of  the resultant
     over-allocation of process flow would be
     more than  offset by the  advantage of
     using a larger data base.
       The proposed regulation differed from
     the contractor's  report In  several re-
     spects. The definition of process  water
     remained the same, except that an added
     allocation was given for  ballast  water
     and contaminated storm water, over and
     above the basic allocation. In addition.
     concentration  limits  were set  for both
     clean  storm  runoff and  once-through
     cooling water. These changes meant that
     the basic pollutant allocation was now
     actually based on process water  flows.
     and the contaminated storm runoff, bal-
     last,  clean   storm  runoff  and   once-
     through cooling water each received sep-
     arate allocations.
      In the'promulgated regulation, the sub-
     category definitions were changed. This
     change altered the number of refineries
     in each subcategory. and consequently
     altered the median flows for each sub-
     category. However, these flows continued
     to be  based upon  the same 94 refineries.
     and the previous  definitions of different
     &pes of waste streams  (process  water.
     ballast water, etc.) were retained. EPA
     has not modified  the contractor's orig-
     inal approach  to  Identifying flows used
     In the calculation of the BAT limitations.
     BAT flow Is the average of the flows for
     those refineries in each subcategory hav-
     ing less flow than the BPT median flows.
     These flow values have changed  as the
     subcategory definitions have changed.
      4. Achievable concentrations. The ef-
     fluent concentrations used  to calculate
     the pound allocations  (BPT and new
     source) were the same for both the con-
     tractor's draft report and  the proposed
     regulations.  The  achievable  concentra-
     tions  were recommended  by the con-
     tractor and were based upon actual per-
     formance  within  this and other Indus-
     tries, and In pilot plants.
      When the effluent regulations wen pro-
     mulgated  the  achievable concentrations
     for chemical oxygen demand (COO) and
    ammonia were changed. The COD limita-
     tions  were Increased (for the cracking.
     petrochemical, lube, and Integrated sub-
    categories) to account for differences In
     treatabtllty of raw waste associated with
     various  feedstocks (speeiflcaJly  heavy
     crudes). The  changes  In the ammonia
    limitations were a consequence of the
     changes In subcategorizatlon.
      During  the  past several  months EPA
    has obtained additional data. Including
    •data on refineries in cold cllmatm. Analy-
     sis of these data  shows that the pol-
     lutant parameter concentrations estab-
     lished for BPT an In fact practicably
     attainable. In fact, a number of refineries
     are achieving all of the regulations con-
     centrations. As expected, refineries proc-
     essing light  crudes generally discharge
     COD concentrations 20-30 percent lower
     than the concentrations on which the
     *"•! regulations  an based. Only the
     ammonia limitations are occasionally be-
     ing exceeded by a few of the  refineries
     examined. However,  most of these re-
     fineries  an  currently designing or in-
     stalling  additional stripping capacity or
     a second stage  of sour water  stripping
     which will allow them to achieve the am-
     monia limitations.
       S. Variability factor. The flow  basis
     and achievable concentrations  discussed
     to this point an based on the limits re-
     fineries  an designed to attain  and ex-
     pected to achieve over a  long period of
     time (generally considered  to be one
     year)  For enforcement purposes, shorter
     term limits wen set to allow determina-
     tion to be made  more quickly whether or
     not a given refinery  Is  In  compliance
     with its permit limitations.
       In order to derive short-term limita-
     tions from long-term  data, the disper-
     sion of short-term values about a long-
     term mean must be taken Into account.
     Some  dally values will be higher  than
     the mean, some will be lower. The dally
     variability Is the magnitude of this dis-
     persion of daily values about the long-
     term mean. The monthly averages will
     also show variability  about the  long-
     term mean, but to a lesser extent
       Variability  occurs  In  both flow and
     concentration. Some of the factors which
     cause variability an listed below:
      L Flow volume vanauoi
      A. Storm runoff la addition to dry weainer
    flow
      B. Tn*  varying  tarougnpot  of the n-
    anery. sine* It wut not alwiy* opera:* at ita
    rated capacity
      C. Variations la pump opacity and  pra-
    fun lea** tarouga the rennery
      O. Variation*  la Slowdown volume  from
    tne cooling tower* Necauae of tna •vapora-
    tlon rat* from UM towers
      E. Otaer*
      XX.  Variation  In  treatment lysum effi-
    ciency (effluent concentration) —
      A. now variations result la varying reten-
    tion umee (line* tne biological  treatment
    fyetem for a given rennery ire axed  la ilz*.
    la* retention time will vmry wita tow-volume
    and the removal efficiency varies witu reten-
    tion tlm*l
      3. 3yitem upsets
      C. Saw watte Twlatlona
      O. Amount of equalization, whlca  con-
    trol* ta* Impact of sy»tera upset*  or raw
    wan* variations
      E. Slugging of itorm runoff
      P. Start-up and *aut down*
      O. Spill*
      B. Eiuuu* or nmuual weataar condition*
      X. Temperature effects
      m.  Factor* affecttag bota flow aad  con-
      A. Sampling technique*
      B. Measurement error and variability
    
      Many of the factors listed above can
    be minimized through proper design and
     operation of a given facility. Some tech-
     niques used to minimi*, variability an as
     follows:
       1. Storm-runoff. Storm water holding
     facilities should be used.  Their design
     capacity should be based on the rainfall
     history  and ana being drained at  each
     refinery. They allow  the  runoff to  be
     drawn off at a constant rate to the treat-
     ment system.
       2. Flow variations,  system upsets and
     raw waste variations. The solution  to
     these problems Is  similar  to  that for
     storm runoff:  leveling  off  the peaks
     through equalization.  Equalization  Is
     simply a retention of the wastes  In  a
     holding system to average out the In-
     fluent to the treatment system.
       3. Spills. Spills  which will  cause  a
     heavy loading on the  system for a short
     period of time, can bo most damaging. A
     spill may .not  only cause high effluent
     levels as it goes through the system, but
     may  also  kill  or  damage a  biological
     treatment  system and  therefore have
     longer term effects. Equalization helps to
     lessen the effects  of spills.  However.
     long-term, reliable  control can  only be
     attained by an aggressive spill  preven-
     tion and maintenance program Including
     canful  training of operating personnel.
       4.  Start-up  and shut-down.  These
     should be  reduced  to a minimum  and
     their effect dampened through equaliza-
     tion or retention, as with storm runoff
       S.  Temperature. The design operatic-
     and  choice of type of biological tret
     ment system should In part be based
     the temperature range encountered a.
     the refinery location so that this effect
     can be minimized. The data base utilized
     by  the  Agency  Includes  refinery data
     from cold climates and very large sum-
     mer-winter temperature differences.
       8. Sampling techniques and analytical
     error. These can be minimized through
     utilization of trained personnel and can-
     ful proceduns.
       Pram the beginning it was realized that
     the  causes  of variability  could  not be
     quantified  individually  The  variability
     (variation from average)  must therefore
     be calculated  from actual refinery data.
     npresentlng the combined effect of all
     causes. The Information sought from the
     data  were the  maximum  daily  and
     monthly average limits, which should not
     be exceeded it the refinery Is meeting the
     prescribed long-term averages.
       The contractor analyzed  data from
     several refineries. To determine the daily
     variability  (variations  of  single values
     from the avenge) he arranged the data
     from each refinery for each parameter
     In ascending order. The data point that
     was exceeded only 3 percent of the time.
     and the median point (SO percent above.
     SO percent  below)  were Identified. The
     ratio of  these values (95 percent prob-
     ablllty/30   percent  probability)   was
     called the  daily  variability.  For  the
     monthly variability, the dally values for
     each month's  data were averaged and
     these monthly averages were analyzed as
     above. The  resulting daily and month'"
     variabilities for each  parameter w
    averaged  with  the  variabilities  for
    same parameter for all of the nflnen.
                                    RDIIAl UOISTIX. YOl. 40. NO. 98—TUESOAr. MAT 20.  197]
    
    
                                                      150
    

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     2IJM2
                                                  RULES  AND  REGULATIONS
     te yield the daily and monthly variabili-
     ties (or  the entire Industry  These In-
     dustry variabilities were then multiplied
     by  Jin long-term average limits to ob-
     tain the maximum daily  and maximum
     monthly average limits.
      I'or the proposed regulation, all of the
     variabilities were  recalculated. The ap-
     t-roach used by the contractor  was re-
     e:ted because It was inappropriate ex-
     vent tar extremely  large  quantiUc.-. of
     data, and It made no attempt to differ-
     entiate  betwcer  preventable and  un-
     preventable  variability.  EPA  selected
     from the contractor's data those tenods
     ceiieved  to  represent proper  operation.
     The data used by the contractor for some
     refineries contained unexplained periods
    of high values. Attempts  were made to
     determine the causes of these values. In
    one case, one month of extreme.?  high
     values occurred after a major hurricane
     hil  the refinery  in 1971. Not  until  a
     month later  was the treatment system
     back In  normal  operation. In  another
     case the treatment system operated with
     relatively low variability for over  one
    year and then showed an  unexplained
     lira* increase In variability the follow-
     ing yeir.  Since the data for the  first
    year of  operation  demonstrated  that
     lower variability could be achieved over
     a long period of time, that year  w.is se-
     lected for analysis.
      The contractor determined  daily var-
     iability by  dividing the 99th  percentlle
     point by  the SOth  percentlle point.  EPA
    modified  this approich by selecting the
     predicted 99th percentlle divided by the
    mean. The  change from 95th  to  99th
     percentlle wan Intended to minimize the
    chance thnt a refinery would be found In
    violation on  the bnsis  of random  sam-
     ples exceedlni the limitations  Similarly.
    EPA selected the  98th percentlle for use
    In determining the maximum monthly
    average.
      The  upper  percentllea  were  derived
    based on the assumption  that the  data
    were distributed according to a  normal
    or bell shaped distribution. An  average
    variability for each parameter was  then
    calculated and that average  multiplied
     by  the  long-term  average to  set  the
    daily maximum and maximum monthly
     averages.
      Between  proposal and  promulgation.
    data were given to EPA by the American
    Petroleum  Institute for  five  addltlonnl
    refineries, which were said to  have  BPT
    end-of-pipe treatment  or  Its equivalent.
    EPA did  not know the names or  loca-
    tions of  these  refineries  and therefore
    could not check potential causes  of vari-
    ability. The BODS  data from these re-
    finertes were studied, and the data  base
    us*d to  calculate the proposed BODS
    limits was reexamlned. It was found that
    for most  refineries the data more nearly
    approximate  a log-normal  (where  the
    logarithm of the data Is  normally dis-
    tributed) rather than a normal distribu-
    tion. The  variabilities  were  then  re-
    calculated assuming either a  normal or
    log-normal distribution,  whichever was
     the better  fit. This analysis yielded an
     average daily variability for BOOS of 3.1.
    _ Instead of the proposed value of 2.1. The
    'Anal regulations were based on  the re-
     calculated  BOO5  value  of  3.1.  The
     monthly  average variabilities  were not
     changed. For other parameters, the vari-
     abilities In the proposed regulations were
     rauHlplicd by the ratio  of the recalcu-
     lated  BOOS  variability  (3.1/2.3=1.33).
     The d lly maximum to the median DOO5
     variability assuming normal distribution
     limits were determned by multiplying the
     Ions-term avenge by the recalculated
     variability
       On  reexamlnation following promul-
     gation of the regulations. EPA has re-
     viewed 1974 data from  seven  refineries
    on ail panmieten.  With  the  exception
    of suspended sollcK the variability  fac-
     tors derived from th-se data confirm the
    variability factors originally established.
    ThM additional data on suspended solids
     Indicated thit the dally variability of 2 9
    and the monthly variability of 1.7 origi-
    nally calculated may be too low. Accord-
    ingly,  a dally variability  of 3.3 and a
    monthly variability of 2.1  have been es-
    tabllsh-d. based  on the addition of  this
    new data.
      No exir.ting plant employs the treat-
    ment  technology (biological  treatment
    followed by activated  carbon)  .ipscifled
    for 1983.  The variability used for  1983
    was.  however, based  upon  the lowest
    vambillty achieved by  any  plant  for
    each  parameter.  The Agency believes
    that this  low variability represents the
    best prediction that can  be made nt the
    present time  of  variabilities which  will
    be  achieved by  1983.  These should be
    much  lower  than the  average variabil-
    ities  presently being  attained for  the
    fi'llnwlnc  reosonv 1) the additional step
    of  treatment should  tend to  dampen
    peak" In the dnta: 2) most  of the effluent
    data were not from systems with a filter
    or p-jll^hlng stpp after biological  treat-
    ment  and  this  should  help   dampen
    peuks: 3)  the activated carbon Is  un-
    an>cted by several of the factors causing
    variability In  biological systems:  and 4>
    the industry will  have 10-11 years of ad-
    ditional experience In the area of treat-
    ment plant operation and control from
    the time  when data was taken.
         SUMMARY or MAJOR COMMXNTS
      The following  responded  to the  re-
    quest for  comments which was made In
    the  preamble to the proposed amend-
    ment:  Shell Oil  Company. The Ameri-
    can  Petroleum   Institute,  and Texaco
    Inc.
      Each of the comments  received  was
    crrefully  reviewed and  analyzed.  The
    following  Is a summary of the significant
    comments and EPA's response to those
    comments.
      (1) One commentpr stated  that  the
    regulations and  the  Development Docu-
    ment fall  to disclose or explain the  cri-
    teria employed by the engineering con-
    tractor or EPA  for selecting the thirty
    candidate   refineries  for  "exemplary
    plant treatment." and that EPA had not
    explained or justified why and how  the
    thirty  candidate  refineries  were nar-
    rowed  down to only twelve "exemplary"
    refineries.
       The sources of Information available
     to the  contractor  for  the  development
     of the subcategorlzatlon and  the choice
     of well-operated refineries  (in terms of
     pollution abatement) were as follows:
       1. 1973 EPA/API Raw Wa«t« Load Surrey
       a. Corps or Engineer* (Rariua Act) Permit
     Application*
       X Self-reporting  discharge  data  from
     Texas. Illinois,  and Waanlngcon
       4. Monitoring dau from »cac« acencles
     and/or regional EPA offices for  individual
     reanenea.
    
       A preliminary analysis of these  data
     Indicated an obvious need for additional
     Information.  Although  136   refineries
     were surveyed during the 1972 EPA/API
     Raw Waste   Load  Survey, the  survey
     did  not  Include any effluent data.
       Refuse Act  Permit  Application  data
     were llmltsd   to Identification of  the
     treatment systems used, and reporting of
     final concentrations (which  were diluted
     with cooling  waters  In  many cases).
     consequently,   operating   performance
     could not be established.
       Self-reporting  data  was   available
     from Texas.  Illinois,  and  Washington.
     These reports  show only the  final effluent
     concentrations and  in  only some cases
     Identify  the  treatment  system In  use:
     rarely is there production  information
     available which would permit  the esttb-
     llshment of unit waste loads.
       Addition'1 data in the following area*
     were required: (1)  Currently  practiced
     or pctential  In-proceM  waste control
     techniques: (2> Identity and  effective-
     ness of  end-of-pipe wiste control tech-
     niques. and ni line-term rfan to e-tnh-
     Msh the variability of iicn'or-nnnc1.- of the
     end-of-pipe waste  con'rol  technique
     The best source of  inf iiri-
     formatlon  was obtained frcm  direct In-
     terviews  and   in.-recttpn wits to  pe-
     troleum  refinery facilities.  Verification
     of data  relative to loner-term  perform-
     ance of  waste control technliu^  rn
     obt tned by the use of standard  EP\
     reference samples to  determine the re-
     liability  of data  submitted  by th~  pe-
     troleum  refineries,  and  by  comrau on
     with  monitoring data  from  the  «tatc
     agrncies  and/or reslon'l EPA c flier*
       The selection of  petroleum reflneric-
     as candidates  to be visited  was guided
     by the  trial categorization, which  -vn*
     based on the 1972 EPA/API Raw Waste
     Load Survey. The flnrl selection was de-
     veloped   from   identifying  tnfcrmitton
     available In   the  1972  EPA/\PI   Rsw
     Waste Load Survey. Cnrps of  Engineers
     Permit Applications.  State  self-report-
     ing discharge  data,  and ronfcu within
     regional  EPA  offices and the  industry.
    Every effort was made to choose  facili-
     ties  where meaningful Information on
     both treatment facilities and  mpnufac-
     turing processes could  be obtained.
       After  development  of  a  probability
     plot for  the respective raw  waste loads
     from the tentative  refinery categoriza-
     tion, the tentative categorization  was
     presented to  API and  EPA for review
    and comment.  Three  refineries in each
     category were then  tentatively desig-
    nated as "exemplary"  refineries  based
                                    FBXIAL UGISTC1. VOL 40. NO. 99— TUESDAY. MAY 20. 197S
    
    
                                                     151
    

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                                                 RULES AND  REGULATIONS
     on low raw waate  loads determined by
     the API/EPA surrey. Simultaneous.
     tentative lists at  additional refineries
     wen collected from  each of the  Re-
     gional  EPA  offices. Several  lists  were
     than prepared ind submitted to EPA.
     From the approximately 30 refineries on
     these  Usta. the  refineries  (or  further
     study were then selected.
       During  this screening  process,  ar-
     rangement* were made to either visit the
     refineries or collect additional Informa-
     tion  relative  to plant  operations.  In
     some cases, refineries declined to partici-
     pate la the program. Aa a result of the
     screening  program, twenty-three  (33)
     refineries were then  Involved In  plant
     visits,  mesa  refineries an listed  In
     T»We  L
       Tlie purpose of the refinery visits  was
     to collect «i*i'-iMit data, la the areas of
     waatewater plant operations to define
     raw  waste  loads,  effluent   treatment
     schematics* operating  ftin**'**"***»   sad
     effluent analyse*. At  a result of  these
     plant visits, data from only twelve (13)
     refineries (designated  by stars In Table
     1) wen found to b* available for a suffi-
     ciently long-term period  (one year or
     more)  to provide  an adequate data basis
     for further definitive  projections. Con-
     sequently,  operating   data  inm  these
     twelve (13) refineries wire then used as
     one of the major data sources In devel-
     opment of the regulations.
                      vmn COHTMCT no.
    Camp mar:
      Coaotai SUM •	
      CaanpUa '._„_-_
      •Xtotal Uonard •.
      (Talon OU i..
      laontooa *
      OKCHMBlag ..... _
      Tnaeo '..„„ ____ ..
      pbllUp* '....-...._
      DA OU * JMaiag '-
      3»«U« ----- ..... —
      DP  _____________ ,
      Onir.
      locotioa
    Li moot. m.
    Waiting, lad.
    Torktown. Va.
    Corpus Cartnl. Tra.
    BiMiimnnt Tex.
    Buon Boug*. La.
    Tnu Cltv. Tix.
    Owr PKk. Tie.
    OkmulgM. OUm.
    Loetport.ru.
    Bwanwy. Tn.
    Taoama. Waaa.
    Martlnm. Calif.
    P&lladtlpbJa. Pa.
        O».
    fort BMdtng. HJ.
    Philadelphia. Pk.
    Pan Arthur. To.
      Ltkaton Brtnuy—
                                  .Okl*.
                         LakavM*. lad.
      1 caoan u "art mpiarr- r«an«n«.
    
      At can be seen from  the above,  the
    selection of these twelve refineries was la
    large part dictated by the limited avail-
    ability of InformaUon.
      •Core complete or more  recent data
    thaw  acme  of the original  trelve  re-
    fineries to be less than "exemplary."  See
    Development  Document  for   Effluent
    Limitations Guidelines and New Source
    Performance Standards  for  the  Petro-
    leum Beflnlag Point Source Category, pp.
    13-14:  -Draft Development Document
    for Effluent  Limitations  Ouidellnes <""<
    Standards  of Performance,  Petroleum
    Beflnlag Industry." pp. m-3-4.
       (2) One commenter  objected  to  the
    calculation of 1977 flow rales from only
    94 reflnerles. 40 percent of the  Industry.
      Of a total of 253 petroleum refineries.
    EPA  holds permit applications for sur-
    face water discharge for  190-200 refin-
    eries. TJie remaining 50-60 refineries we
    either "zero discharge" operations or are
    currently discharging to municipal waste
    treatment  ystems.  EPA  Is  aware of a
    number  of zero discharge refineries In
    and or semi-arid  areas  of Texas. New
    Mexico  and  Southern  California,  and
    several refineries in Los Angeles County
    are currently discharging  to municipal
    waste treatment.  Since  none  of  these
    plants have direct surface discharge, they
    are excluded as potential sources of data.
      Of the remaining  190-300 discharg-
    ing refineries, 138  were Included  la  the
    1973 API/EPA survey, which Is the only
    available comprehensive source of data
    on refinery water  use. Since the survey
    does  not show process  water use as a
    separate discharge, but instead lists total
    flow volume,  this limited the number of
    refineries for which data  could be used
    to those for which process  flow consti-
    tuted most or all of the total waste-water
    discharged. Data from refineries remov-
    ing  more than 3  percent  of  heat  by
    means of once-through cooling  were  not
    used, since cooling  water would cause
    any  estimate  of process flow  based on
    total  plant flow to be greatly overstated
    for those refineries. Thus. EPA could  use
    data from  only 94 refineries. Since  the
    API/EPA raw waste load  survey  was
    designed to be representative of  the total
    industry, and since EPA used all  of  the
    refineries la the survey with 3 percent
    or less  heat  removal by  once-through
    cooling water, the flows used are actually
    higher than   the  process  water  flows
    achieved by  the Industry.  (See  "Flow
    Basis" portion of the History of Guide-
    lines Development in this Document).
      (3) One commenter stated that, of  the
    twelve "exemplary reflnerles  only one
    actually  compiles  with the prescribed
    1077 levels for every pollutant param-
    eter.
      EPA baaed the regulations not  upon
    the overall  performance of  the so-called
    "exemplary" refineries, but on  the efflu-
    ent concentrations achieved by the
    emplary" refineries and plants In other
    industries, the variabilities achieved by
    the  "exemplary"  reflnerles.  and flows
    achieved by the industry as a whole. EPA
    did not expect that these reflnerles would
    uniformly comply  with all  limitations.
    since they did not have all  the  recom-
    mended  technology in  place. For  ex-
    ample, few of the "exemplary* refineries
    wen expected to  meet the  degree of
    ammonia removal specified,  since  few
    were  practicing   adequate  ammonia
    stripping.
      EPA has obtained effluent data cover-
    ing a fun year for six of the twelve re-
    flnerles. Four of these had no violations
    of the  1977 limitations, while  another
    had  only  five data points, out of several
    hundred data points, above  the limits.
      In addition. EPA now has data on 10
    additional refineries In the  United States
    which had no violations of the  regula-
    tion limits In 1974. and four others that
    only exceed the ammonia limits.
      Included la this group of 18 refineries
    (14 with  no  violations and 4  exceeding.
    the  ammonia limits)  are  "sour" crude
    users and refineries that an not  located
    la areas with water shortages. It should
    be noted that these 18 refineries do not
    necessarily represent ail of  the refineries
    la the  country currently  meeting  the
    regulations.  The  available data cover
    only 12 of 33 States which have refineries.
    EPA has requested the American Petro-
    leum Institute to supply additional efflu-
    ent data.
      M) One commenter stated tai
    failed  to  base  the standards  o
    average of the best existing performances
    by plants currently In place.
      EPA has based its limitations upon the
    best  existing performance of plants cur-
    rently providing treatment  except where
    the industry la uniformly providing in-
    adequate  treatment. In every case,  the
    limitations for the Petroleum Refining
    Point Source Category reflect actual per-
    formance of plants cu-rently in place.
      The following table summarizes  the
    approach  followed  by the Agency in  de-
    veloping the regulations.
      EPA set  the BPT.  BAT  and New
    Source Umita as follows:
                                                Lml
                                                                                    Concentration
                                                                                                          VarlalilUtjr
                                            BPT
                                     Flo* Mnf m«l by S9
                                      at UM Btona la  '
                                      lam tar
                                        ^mSS ? tto ll™ * Bto"!> **
                                        mica, dau w«* MulaUU.
                                                             vtui inainmt la DIM 'or
                                                             wtiirh k>ni-una dau wvn
                                                                 *
                                       Band oa
                                       Anran
                                                                                 •aib
                                                                 pilot nlanu .......... n »«nn iri tnew
                                                                                 iu,
                                                                                 •Alan loot-urm data wen
                                                                                 •reliable.
                       (See Sections IV.  V. EC. X.  33 of the
                       Development Document for Effluent Lim-
                       itations Guidelines and New Source Per-
                       formance Standards for the  Petroleum
                       Refining  Point  Source Category,  and
                       Supplement B—"Probability  Plots", re-
                       finery data and analysis flies, "Variabil-
                       ity Analysis.")
                         (9) One commenter objected to the
                       Agency's  reliance  upon refineries  in
                       Texas   and  California,  arguing  that
                       SPA's sample should  be representative
                                           of Uu geographical distribution of  the
                                           industry.  The commenter  noted  that
                                           subcategorles "C". "D". and "E" are rep-
                                           resented  solely  by  refineries  In  the
                                           coastal areas of Texas and California.
                                             A- BRva Oow data b*i« lacluda refineries
                                           [rum all  MM at to* country.
                                             B. Of  eh* four raflnenea aelecwd br tao>
                                           contractor m tH» -A- urt "S" «ubc*.Mgon««.
                                           aoJy an* na lociud in Taui or California.
                                             C. Tier* ta only no* "B" r»flnery 
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    21944
          RULES AND REGULATIONS
      O. The da» b*M tor "O" reflniirlea hu bma
    Broadened-by adding a refinery in HUooU.
     • E. Of Ute 17 ~C~ nOnerlei in  tbe country.
    t an Ja Tmi. California, or in a coastal km.
    Tb« agency ha* broadened. |U data bae» to
    include a "C~ nosery in miaou.
      (8) Several  cemmenters  stated  Chat
    !3»A baa Ignored the effect of crude oil
    feedstock characteristics on  the treat-
    ability of  refinery  effluent. They claim
    that feedstocks containing heavy crudes.
    In  particular crudes  from  California.
    have  a substantial impact on  effluent
    quality.
      Subsequent to publication of the  pro-
    posed, regulations, the Shell Oil Com-
    pany and the Phillips Petroleum Com-
    pany submitted data for three refineries
    processing California crudes: Shell at
    Martinez. California: Shell at Wilming-
    ton. California: and  Phillips at Avon.
    California. These date Indicated  that
    these refineries appeared to have expe-
    rienced   higher  pollutant  raw waste
    loads (the quantities of pollutants In the
    waste stream before treatment) than the
    median refineries of their subeategorles.
    EPA considered this additional Informa-
    tion In mini iimm  whether an additional
    pollutant allocation should be  allowed
    those refineries processing heavy crudes.
      EPA was  Interested in  determining
    whether  the above-median  raw waste
    loads of the three refineries could be
    dearly  attributed  to  th-lr  California
    crude feedstocks, or whether their high
    waste loads reflected the complexities of
    their refinery  processes.  Each  of  the,
    three refineries Is well above-average In
    complexity for its subcategory.
      The eommenters  provided  raw waste
    loads for five parameters  (BOOS. COO.
    TOC. phenols and wnnH"1'*1  from each
    of  the three refineries.  Of  these  raw
    waste loads.  13 out of the  IS Instances
    were  above the applicable subcategory
    median. This Is shown by the following
    table:
    RirmHT RAB *ura LOAI» M Poenirr A«I*P im
        MsauM raa n» Arrumun SnauTinnn
             PMUtra
                    vtlminf  •aniiMt
    BOIM. 	
    cow 	
    TOC . .
    AmoMMa..
    FltafioU. . .
    39
    7
    Tt
    X
    'JIT
    111
    KM
    •a
    1M
    kXM
    a
    ou
    in
    -4T
    tat
    n
    173
    M
    «
      However, if refinery complexity Is taken
    Into account, by dividing each refinery's
    reported  raw waste  loads  by that re-
    finery's process factor,  the  resulting
    "complexity  adjusted"  raw waste loads
    exceed the appropriate subcategory me-
    dian In only 7 of the IS Instances. This
    Is demonstrated by the following table:
    RirT»»r RAW WUTI  LAID Pi»reto IT ma Rm-
     nx«»T Puien ficro«  ut I'MCIMT AIOTC nil
     MEMUI foa IM AmonuTt SumtnnoiT
                      aiwii    eh«u  i
             Ann   wilmlnf.  Manilla  i
    BO 04 	
    COI> ... .
    TOC 	
    AlBRMM*..
    Pbrau....
    -4
    ts
    -4
    Ol
    -II
    2
    -II
    U
    MB
    -13
    90
    -n
    a*
    -10
    2B
    -1
    -11
    «M
       The  above Cable  shows that the  In-
     creased refinery complexity  associated
    •with those refineries processing Califor-
     nia crudes might well be a cause of their
     higher raw waste loads. Since the proc-
     ess factor Is a component of the allowed
     effluent limitations, it  adequately com-
     pensates  (with the possible exception of
     phenols)  for the larger raw waste loads
     of those  refineries. Existing treatment
     facilities  have  demonstrated  that   the
     phenol limits are achievable, even when
     raw waste  loads  are greatly  In excess
     of the median*
       Even If It were possible  unequivocally
     to attribute aa Increased raw waste load
     to a feedstock type, this  -rould not In
     Itself Justify an increased effluent limita-
     tion for refineries processing that feed-
     stock. The Ions-term average quantity of
     a  pollutant In a refinery effluent depends
     more upon the design and operation of
     the  treatment system than  upon  the
     average raw  waste load Input to the sys-
     tem.
       To determine whether there exists In
     practice a relationship between average
     effluent quality and raw waste load. EPA
     compared, for 14  refineries with  both
     raw waste load and  effluent data availa-
     ble,  the average amount of pollutant In
     tas effluent with the raw waste load of
     the pollutant. No meaningful correlation
     between average effluent and raw waste
     load  was observed  for the pollutants
     BOO5. T33. oil and grease, phenols, and
     ammonia.
       Thus, for these pollutants, differences
     In effluent quality between  refineries are
     associated more with other factors (e.g..
     differences In treatment systems or la-
     plant controls) than with differences In
     ra-v waste load. However. EPA did ftnd
     a  significant correlation  between  the
     quantity of  COO In the effluent of each
     of the refineries and the refineries' raw
     waste  loads.
       This finding merely support.* EPA's ac-
     tion, when  It promulgated Che regula-
     tions. In Increasing the COO  limitations
     to avoid any possible Inequity to proces-
     sors of heavy crudes. (See "History of the
     Regulations". Fart 4.  "achievable con-
    centrations".)
       In addition. EPA examined data from
     one refinery which processed a mixture of
     crude types. In partlclular. tt was claimed
     that the effluent quality for BODS, phe-
     nols, and ammonia decreased as the per-
    centage of Arabian  crude  In  the feed-
    stock; Increased. The Agency could  find
     no significant correlation  between ef-
    fluent  quality and the  percent of  Ara-
    bian crude used.
       (7) One commenter  itated  Hint  op-
    erating experience with the  full-scale
    carbon adsorption system at HP's Marcus
    Hook refinery has been leu than satbf ac •
     lory, that  Gulf Oil Company has found
     that carbon treatment Is not feasible for
    their  Port Arthur refinery wastewater.
    and that Texaco has apparently reached
    the same  conclusion with regard Co Its
    Eagle Point refinery.
      The best available technology econom-
     ically achievable specified for the petro-
    leum  refining Industry Is  the  applica-
     tion of carbon adsorption to the effluent
     from a well operated biological/physical
     treatment plant of Che cype required to
     meet  the 1977 limitations.  In  each case
     specified by  the commenter.  activated
     carbon treatment was appllid to waste-
     waters  of  considerably  poorer quality
     than Is required for 1977. *ince activated
     carbon was being used in lieu of biological
     treatment.
       (8)  Comments were  received  which
     auert that special unproven teehniaues.
     such as biological nitrification—denitrl-
     flcatlon for ammonia removal, and some
     unspecified   technology  for   phenols.
     would be required to meet the ammonia
     and phenol Limitations.
       The achievable  ammonia limits  are
     based  on In-plant sour  water stripping
     techniques  which  are currently In  use
     In the refining  Industry. A number of
     plants In this Industry are meeting the
     ammonia limits using this technology.
     (See "Development Document  for  Efflu-
     ent Limitations  Guidelines  and  New
     Source Performance Standards for the
     Petroleum Refining Point Source Cate-
     gory", pp. 95-07: 40 CFR  Part 419. 39
     PR 16962(23) May 9.1974.)
       The achievable phenol limits are based
     on the refinery effluent data and refer-
     ences  cited In Tables 28  and 27 of the
     Development Document.  In  addition.
     EPA has recently acquired  phraol efflu-
     ent data from 11 refineries not cited in
     the Development Document, which data
     show an average phenol effluent concen-
     tration of 0 098 mg/1 <0.10 mg/l was used
     as the achievable concentration In set-
     tin? tile BPT limits >.
       <9>  Some  eommenters   stated  that
     neither the regulation nor the  Develop-
     ment Document explains or  assesses how
     refineries of widely varying  age. process.
     geographic  location, load  availability.
     and ether circumstances can further re-
     duce flows to the 1983 volumes.
       The  methods  currently being applied
     by the Industry  to achieve  flow reduc-
     tions are listed on page 169 of the Devel-
     opment Document  for Effluent Limita-
     tions Guideline^  and New  Source  Per-
     formance Standards for the Petroleum
     Refining Point Source Category.
       Some other methods of reducing flows
     not listed on page 169 are:
       I. Maximum  reiiaa  o(  treatment  plant
     cfllueat. emporatlon. and couumptlve UOT.
      1. LIOM and line soda, jortenlng  to reduce
     bardnns to allow runner recvcllng.
       3. DM of ipeclally designed tilgtt dlaaolTtd
     ao4ld« cooling towera wtilen would uae uie
     blowdown from other cooling tower* aa make-
     up water.
    
       Of Che 94  refineries turd In determin-
     ing the flow base for  the 1977 limita-
     tions. 26 were doing as well or better than
     the 1983 flow base. These 28 reflnerirs are
     located In 15 different states  (Alaska.
     California,  Colorado.  Illinois.  Kansas,
     Kentucky.  Louisiana,  Montana. North
     Dakota. New  Mexico. Ohio. Oklahoma,
     Texas.  Utah, and Wyoming).
       (10)  One  commenter stated  that the
    control efficiencies needed to meet Che
    limitations are higher than those at-
     tained  by municipal plants employing
     traditional secondary treatment, and are
    derived partially from EPA's Inclusion of
     polishing steps, including granular filtra-
     tion or polishing ponds. The commenter
                                           IKISTIR. voc. 40. NO. »•—ruisoAr,  MAT 20. 1971
                                                           153
    

    -------
                                                RULES AND REGULATIONS
                                                                                                                  219-15
    argued that EPA's own publications con-
    cede  that  then  Is no carefully docu-
    mented niter operating experience with
    wastewater. and coat toe operating ex-
    perience of the two refineries wins gran-
    ular media filtration (Amoco. Yorktown:
    BP. Marcus Hook) ?hows that this tech-
    nology *rt'l «o* achieve the limits.
      M«»iy dl5charg*rs will be able to meet
    tot limitations without a polishing step.
    However, the cost of niters was Included
    tn the  estimates since some refineries
    might need a po't'hlng step to achieve
    the suspended soUds and oil  and	
                               Oil ind
                                  (01 |/I>
      Tne average effluent suspended solids
    for the 12 refineries for which EPA baa
    1974 suspended solid* data Is 13.1 mg/1
    (10 mg/1 la the guideline basis I. Only one
    of toes* plants (Marathon Ol). Robinson.
    HLJ has a filter In operation. Sereral are
    achieving leaa than  '0 mg/1 of suspended.
    solids without a pa'Lih'n* etep. The ten
    refineries for which  HP A has 1974 oil and
    HIT nn data an* rvenrtpv 50 mg/1 (5.0
    mg/1 la the regulation basis).
      Experience with  pranular  media fil-
    ters,  ae well ss with other polishing
    steps. Is extensive and we'l documented.
    ERA'S "Process De*lm Manual  tor Sus-
    pended Solids Removal" gives the results
    of studies of filtration of effluent from
    secondary biological treatment for 33 fa-
    cilities. These 32 show an average sus-
    pended solids efflurat  concentration of
    8.8 mg/1. with only 3 of  tap  32 over 10
    mg/L
      IB addition, there are  approximately
    2300 granular media  filters being used
    for suspended 'ollds  removal in  the
    Water Suprly lndu*tr* Many filters are
    in operation  In othrr ittduitttes. such as
    steeL for oil and fol'ds removal.
      Within the pe'roleum  Industry many
    filters an being employed for oil removal
    from  production  water before Its dis-
    charge from  off* hon otl  platforms Fil-
    ters an aim  being used prior to second-
    ary treatment (BP. Marcus Hook. Pa.:
    Exxon. Biyonne. NJ.; Amarada-Resa,
    Port Reading. N J.. etc.).
      Two filters are currently being used as
    a polishing step for  secondary treatment
    effluents  (Amoco. Yorktown,  Va. and
    Marathon. Robinson. DL)  and several
    others are now in design or under con-
    struction.
      It la true  that the two installations
    with filters now in place  do not achieve
    the 10 mg/1  of suspended solids and  5
    mg/1  of  oil  and  grease  expected from
    these units. This la a result of the condi-
    tion* under  which these Installations
    have been  operated. EPA's  1977  treat-
    meat model assumes that  the influent to
    a polishing step will be an effluent from
    a well designed, well operated secondary
    treatment plant,  and that the  average
    suspended solids and oil  and  grease In-
    fluenta to the alters will  be  15-25 mg/1
    and 5-10 mg/L respectively.
      The following data from Amoco. York-
    town's filter  operation thow  a  distinct
    Improvement in effluent quality when the
    Influent Is within the expected range:
    AIUL IWl
    SXX. 1971 la""
    Nor. IHTl 	
    Pie. mi la
    Feb. ivn 	 .
    MV. im to
    M«r in* 	
    hot. 1977 U>
    NOT. I9TZ. 	
    IS 'i.1
    «I *lll
    
    • at
    
    » a
    
    « 41
    T
    IS
    
    IS
    
    IT
    
    9
    'LJ
    &.»
    
    to
    
    13
    
    '*
      i Low IBMI IB* moolhly mutmnai Umll of IT m«A
     kr mnxndtrt «W(U. tad, of I m«rt tof oil tod	
              "  Oaw.
       The  above  data Indicates  adequate
     performance 'of the filter when the sec-
     ondary treatment effluent was within the
     ranges of expected operation. In spite of
     the following unusual (and correctable)
     difficulties encountered  at  the facility:
     1> filter media  losses and channeling
     eventually forced replacement of the en-
     tin filter bed; 2) an unexpected Increase
     In flow volume was caused by refinery ac-
     ceptance of ballast water; 3> untreated
     lagoon water (used for  backwash) was
     left .In the niter after backwashing: and
     4) the filter was not  properly designed
     for both summer and  winter Influent
       Not as much Information was available
     to EPA on the Marathon. Robinson fil-
     ters as was available on Amoco, but the
     following b known: The data for the  9
     months (3/72-V73)  of  operation prior
    ' to the  Instillation of the filters show  a
     suspended solids effluent from toe sec-
     ondary treatment plant of 19 mg/1 aver-
     age. The secondary treatment plant ef-
     fluent for the 12 months of  1974 showed
     an average suspended solids concentra-
     tion of  49  mz/L Thus, the filters were
     operating at a level well above their de-
     jigD limits and on 2.8 times higher Influ-
     ent suspended solids concentration thin
     at their Initial Installation.  It should be
     noted  that In spite of  this, the filler
     effluent  averaged  12 mg/1 of suspended
     solids  for the first IB months of opera-
     tion.
       Granular media Alters are not a cure-
     all or a substitute for a well designed and
     well operated secondary treatment sys-
     tem,  but  rather,  as EPA  Intended,  a
     polishing step to further improve a good
     secondary treatment plant effluent. Thus
     employed,  they can productively be part
     of a system to meet the 1977 limitations.
       (11)  In support of the previous com-
     ment opposing the use of granular media
     filtration, a discussion of the results from
     a  pilot plant study carried out by Stand-
     ard of Ohio at Its Lima. Ohio  Hennery
     was submitted. The pilot study was de-
     signed   to  determine  the  reductions
     achievable tn BOOS. COO. and suspend-
     ed solids when a  granular  media niter
     was used to treat the effluent from their
     biological treatment pond.
       The  cammenter  claimed  that  the
     growth of algae precluded attainment of
     the BPT suspended solids.  BODS,  and
     COO limits.
       As In the cases cited In response  to
     comment no. 10. these alters were being
     used for mare  than the polishing  step
     EPA Intended. EPA did not base the reg-
     ulations on  the use of  granular media
     nitration for BOOS  and COD removal
     The  treatment  model  assumes  the In-
     fluent to the filter be below U mg/1  of
     suspended solids and 19 mg/1 of BODS.
     Thus, the biological treatment step  pre-
     ceding filtration should dellever an ef-
     fluent of such quality to the filters. Such
     treatment can be accomplished  by  sev-
     eral  techniques, either separately or  In
     combination, including activated sludge.
     biological  ponds, trickling filters,  and
     aerated lagoons. The technique selected
     depends upon an engineering evaluation
     of the specific site and raw waste charac-
     teristics.
       Where lagoons an employed,  the ef-
     fluent quality of a lagoon system can  be
     affected adversely during certain periods
     of the year by the algae generated In the
     system. The algae can  settle out in the
     bottom of a receiving stream or lake, un-
     dergo death and degradation, exert an
     oxygen demand In effluent samples aad
     in the stream, and  will be measured  as
     part of the solids In the effluent.
       Then are. however,  a variety of ap-
     proaches which  can be used  to  control
     the Quantity of solids in the effluent. Most
     of these approaches either are In use  or
     have been thoroughly demonstrated ard
     can be used when needed. Under specific
     detign and operational conditions, each
     approach can be economical. Anollcaole
     approaches Include micro-straining, co-
     agulation-fiocculaeion.   land   disposal.
     granular media  or Intermittent sand fil-
     tration, and  chemical control.
       Micro-strainers liave  been used suc-
     cessfully In numerous applications for the
     removal of algae and  other suspended
     material from water. In a series  of nine
     Investigations over  a period of years.
     plankton removal averaged 39 percent.
     Micro-straining   requires little mainte-
     nance and can  be used for the removal
     of  algae from  stabilization  ponds  or
     lagoons.
       Coagulatlon-fiocculatlon. followed by
     sedimentation, has been applied exten-
     sively for the removal of suspended  and
     colloidal material from water.
       Land disposal  (soray Irrigation) for all
    or a  portion of  the lagoon  effluent  can
     reduce outflow to a stream during periods
    of high algae. This reduction can com-
    pensate for the Increased solids concen-
    trations and permit the limitations to be
    attained. Spray Irrigation In A controlled
    manner onto adjacent land can  be  ac-
    complished without  additional environ-
    mental problems.
      Although  EPA  did not  contemplate
    using granular media filtration  specifi-
    cally  to remove  algae, filters have been
    shown to achieve the BPT limits even
    when Influent quality was degraded due
    to algal growth. The  Lima Refinery pilot
    project showed that  the limits were ob-
    tained with certain media sizes and flow
    rates.
                                   nDIIAL UGlXnt. VOL  40. NO. 98—FUISOAY, MAr  20, 1973
                                                             154
    

    -------
    21946
          RULES AND  REGULATIONS
      Chemical measures (or the control of
    excessive  algae growths In lagoons are
    also effective. Proper application depends
    upon the type, magnitude, and Irequeocy
    of growth, the local conditions, and the
    degree of control that is  necessary. For
    maximum effectiveness,  algal control
    measures  should be undertaken before
    the develonment of the algal bloom.
      Thus,  there are  many  alternatives
    that can be used for alg^e control and/or
    removal to assure that the lagoon effluent
    oualltv meets the described limitations.
    The alternative selected at a specific re-
    flnerv  will be a function  of land avail-
    ability, available  operating personnel.
    degra of difficulty in meeting the Umlta-
    ^fiM   mrf  overall  wasta  management
    economics.
      (12) A  commenter suggested that the
    BFT flow basis was based on flows ex-
    perienced by refineries which apply  good
    water  conservation practices, and  that
    only 50 (37 percent)  of the 138 refineries
    In the  1972 API/EPA survey are meeting
    the EPA flow basis.
      EPA based the BAT and BADT (1983
    and New Source)  flow bases on refineries
    employing good water conservation prac-
    tice?. The BPT flows were based on what
    one-lwlf of the  industry  was achieving
    la 1972. In fact. 11 (94 percent)  of toe 94
    refineries  used from the  1972 API/EPA
    survey were at or below the BPT process
    water  flows. No  assessment of process
    water flow* was made for the remaining
    42 of the  138 refineries In the survey.
    since  their flow  volumes  Included large
    amounts of once-through cooling water.
    which  was not Included In the flow bise
    definition. It must be recognized that the
    flow base Is not  a  flow  limitation, and
    that Oil pollutant allocations allowed by
    the regulations can be met with flows
    higher than predicted If the effluent con-
    centrations are  lower than  those  used
    by  EPA.  Since a number of refineries
    are achieving concentrations  for  each
    pollutant  parameter that are consider-
    ably below  the concentrations used  by
    EPA.  a refinery  might be able to meet
    the effluent limits  with  a higher than
    predicted  flow. The same result might
    be achieved by careful control and de-
    sign and consequent lowered variability,
      (13) Some  commenters  stated  that
    EPA did  not adequately  consider  the
    effects of climate on  biological waste-
    water  treatment  and that substantially
    higher reductions can be  achieved  In
    southern states and (or Installations re-
    quiring summer  operations only.  In-
    cluded were several examples of claimed
    summer-winter  variations  in  refinery
    effluents.
      EPA has collected data from ten re-
    flnertei located  In Illinois. Montana.
    North  Dakota, Washington, and Utah.
    Effluent data  from these ten refineries
    for the parameters which could  be fcf-
    feeted  by cold climates  are  as follows:
    BOOS—13.2 mg/I average  (the limita-
    tion basis Is 15 mg/1). COD—75 J  mg/1
    average (the  limitation  basis (or thsse
    refineries  varies  between  110-115 mg/1)
    and phenols—0.049  mg/1  average  (the
    limitation basis Is 0.10 mg/1).
      The eommenten own data submitted
    with the comment, provide little support
    Tor the position taken In the comment.
    These data tend to show, and EPA agrees.
    that temperature variations, with a hott
    of other factars, do affect refinery varia-
    bility. This effect is  fully taken  Into ac-
    count by the variability (actors and does
    not   appear  to   depend   on  refinery
    location.
      (14)  A commenter argued  that  EPA
    regulations would require In-plant modi-
    fications, and that ETA was not  author-
    ized under the law to require such modi-
    fications (or 1977.
      EPAs regulations do not require any
    particular form of  treatment, nor do they
    require  in-plant modifications. The regu-
    lations  require -the  achievement of ef-
    fluent limitations which are based upon
    the performance of good existing plants.
    Since the total effluent loading in pounds
    or kilograms Is controlled by three vari-
    ables, the total effluent flow, the  concen-
    tration  of pollutant In the effluent, and
    the variability, reduction of one  or more
    of  these  components can  be  u*ed  to
    achieve the limitations. Ths limitations
    are based upon flow, concentration, and
    variability  figures  which  are   readily
    achievable.  If a  discharger's  flow  Is
    higher  than the  flow upon which  the
    regulations are based, the discharger has
    three options: he may reduce his flow to
    or below the predicted level, and main-
    tain the appropriate effluent concentra-
    tions and variability: he may modify his
    treatraint system so ss  to achieve lower
    effluent concentrations:  or  he may de-
    sign  and  operate  more  carefully  to
    achieve lower variability. EPA has  data
    on dischargers which are achieving  con-
    centrations, flows, and variabilities well
    below those upon  which the limitations
    are based.
      EPA Is aware, however, that for most
    such  dischargers   reduction  of  flow
    would be the most  economical  and.  In
    the long run. the most effective means
    of meeting the regulations.  Accordingly,
    our cost estimate* .ire based upon the In-
    stallation of   treatment necessary  to
    meet the regulations, and (or any Inplant
    modifications  necessary to reduce proc-
    ess  water flow coromensuratcly.
      It should be emphasized that,  even (or
    those dischargers  who choose to reduce
    process  water flow  by  In-plant modi-
    fications, such modifications amount to
    nothing more thAn modification and re-
    piping of existing processes. To meet the
    1983 guidelines, more extensive  changes
    may be appropriate. Por example, dis-
    chargers emoloylnt fluid catalytic crack-
    Ing may change  to  hydro-cracking:  or
    those acid treating may change to hydro-
    treating, to  help  In meeting the  1983
    limitations.  However, such changes 'will
    not be  necessary for any discharger to
    meet the 1977 limitations.
      (IS) One commenter argued that  EPA
    made many errors In Its development of
    the median raw  waste  loads from the
    APX/EPA survey  used In the  regression
    analysis.
      The median raw waste loads  (Tables
    18-22 In  the Development Document)
    were not used in the regression analysis.
    The regression analysis was based on the
    size, flow, and refining processes of each
    refinery used.
       (18) A comm-nt was  received to the
    effect  that  EPA  used  median  values
    rather than mean values  to  determine
    allowable effluent loadings  and variabil-
    ity (actors.
      The eommentar was Incorrect.  Mean
    values,  not  medians, were  calculated
    from the "exemnlary" refineries. These
    means were used to develop the achiev-
    able concentration?.
      In  calculating  the variabilities  (or
    each refinery, the 99 percent probability
    limit was divided  by  the mean because
    the variabilities  were wed to predict 30-
    day and dallv maximums  from an an-
    nual average (mean).
       (17)  A  comments  noted  that  the
    variability allowed In  many of EPA's
    other  Industrial guidelines  Is greater
    than that used  for  the Petroleum  Re-
    fining limitations. The commenter there-
    fore requested hi?her variabllltv (actors,
    especially to cover upset conditions.
      The variabilities used  bv EPA in  set-
    ting the Petroleum R»flning limitations
    are  derived,  from extensive  long-term
    data  from  refinery  operations. These
    variability  therefore  reflect what Is
    currently being  achieved in  this indus-
    try.
      Comparison to  variabilities In  other
    Industries Is considered Invalid (or sev-
    eral reasons:
      1. The  data base u-ed  to calculate tne
    variabilities in ma Refining Industry vaa ac
    leut 10 time* larg-r than  that available tn
    any of the ocber Industries  mentioned by
    tne eommenter
      3. tn otner Industrie-  tti* «c;ency was of-
    ten reouired to enahii«b variabilities' ba«ed
    upon relatively llttte long-firm data. In such
    ca*w. ronabllltlei were often conservatively
    jet  it a higB. level,  in order  to compensate
    lor  the lack  or data. Because or tbe avail-
    ability or good long-term data on petroleum
    reflner*.  the Agency H confident tbac  dies*
    vartabfltlea itra readily acnlsvabla by all
    raflnen over the loig-term
      3. The  technology •pectfled u the  be«t
    practicable  control   technology  currently
    available baa been In u-e in  the petroleum
    penning industry for a long period or  time
    Tna experience accumulated over chu period
    of time has enabled the liduitry to Iron out
    many Irregularities  which  contribute  to
    variability. Thla has enabled  the oetroleum
    Industry to achieve  lover variabilities than
    many other Indu-trie* wth le-s experience
    in pol'utlon abatement. Tna agency believes
    taat the Industry us a whole «hould be re-
    quired  co maintain  the  level  or control
    presently  practiced by many reflnen.
    
      The commenter  also requested higher
    variabilities to cover unset conditions As
    has been stated previously, data taken
    during periods of  jpllh. In-plant  upset
    conditions, etc..  were  Included In calcu-
    lating the variabilities. However, a- (ew
    data points,  which reported either pre-
    ventable upsets  of catastrophic  events
    (such as the effects of hurricane Agnes
    on a coastal refinery In Texas), were de-
    leted from  tne  variability data  base.
    since they did  not  reflect the normal
    operation of  a well run. carefully main-
    tained operation.
                                    FBEIAl IEGUTEI, VOL  40, NO. 90—TUESDAY, MAY 20,  1975
                                                       155
    

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                                                 RULES AND REGULATIONS
                                                                            21947
       <18>  One  comment shows  that EPA
     used an incorrect equation In the calcu-
     lation, of sample variance.
       A minor error was made In Che calcu-
     lation*  used la preparation of the pro-
     posed regulations.  However,  since the
     approach used (or  data  analysis  after
     publication of the proposed  regulations
     corrected that error. It did not  appear
     la the final regulation.
       (19)  A commenter complained of bi-
     ased data selection on the part of EPA
     in determining the variabilities.
       The commenter presented four charts
     showing the monthly average loading for
     BOO, TBS. oU and crease, and ammonia
     from January. 1970  through April. 1973
     tor  Shell. Martinet EPA selected one
     rear's data, for each parameter,  to cal-
     culate  the variability. For BOD.  TSS.
     sad oil and grease. EPA chose tha year
     after the  installation of Shell's waste
     treatment plant In September. 1971. Tae
     data for these parameters prior to that
     dau  could not be used  because It was
     representative of raw waste and not efflu-
     ent variability. A  period of one year was
     chosen for several reasons: 1)  one year's
     data should adequately represent the un-
     orevcaiabla causes of variability:  and 3J
     the quantity of data Is sufficient for sta-
     tistical  analysis and  prediction of both
     variability add long-term performance.
     For oil  and grease. EPA did erroneously
     analyze data for a period before the In-
     stallation of  biological treatment. How-
     ever. EPA has recomputed the variability
     using data from the same period  (after
     Ira taxation of treatment)  used  for the
     other parameters, the difference is neg-
     ligible.
       EPA believes, as indicated  previously.
     that  low  vartabt'lty 1»  concomitant
     with good plant operation. For ***« rea-
     son a year different  from that used for
     the other parameters, a year In which
    low  ammonia variability  was attained.
     was  selected  far calculating  ammonia
     variability. It Is Immaterial that this year
     preceded  Installation of  the  biological
     treatment system, since most ammonia
    removal is accomplished by a separata
    system.
       The eommenter also pointed  to sev-
    eral  data points chut were deleted from
     the data analysed from  the  Marathon.
     Texas City  Refinery. Five data  points
     were dropped  during the  analysis of the
     ammonia data as not being representa-
     tive of tha normal plant  operation. Tae
     data points were all of the data from the
     period  10/11/73  through  13/8/73. The
     data prior to 10/11/73 ranged from 2.3 to
     33.«  mg/1 and the  data  after 13/8/73
    ranged  from  3-J to 394. The  points
     dropped wen 9.8. 0. 0. 0. and 80  mg/L
    These data points were dropped because:
     1) they Immediately  followed a 33 day
    period for which no data were recorded:
    and  2>  for  whatever reason (EPA has
    been  unable to determine Che cause  of
    these aberrant values), these five con-
    secutive  deleted data points  are both
    startingly lower and  higher than ail the
    rest of the data. They thus may  repre-
    sent sampling or analytical errors. These
    data are clearly so atypical that EPA de-
     cided not to use them la the analysis.
       Six data points are depleted as having
     been Ignored by EPA la Its analysis of
     Marathon's  COO  data. Two of  these
     pouits  are   duplicates  (1/13/73  sad
     I/IS/73),  and one point < 1/31/73) was
     mistakenly  deleted  by EPA.  However.
     the deletion of tab single point (which
     was  a low value) would have no sig-
     nificant effect on  the regulations. The
     r..n»ininy four data  points  were de-
     leted because Weston's trip report iden-
     tified them as tha  result of operator
     mistakes.
       (30) A commenter questioned the In-
     clusion of three data points since they
     were  preceded  by the symbol meaning
     leas than the sensitivity at that level"
       For all  analytical techniques  a limit
     of sensitivity exists  below which UM
     method does not yield reliable quantita-
     tive measurements. EPA. throughout its
     analysis of the Refinery Industry data.
     has used the level of analytical sensitivity
     as the data points where a "less than
     sensitivity"  Indicator appeared  In tha
     data.  It is believed that elimination of
     these low data points might significantly
     bias the analysis of the total data base.
       (31)  A  commenter questioned  EPA's
     variability analysis  on  Amoco.  York-
     town's' BODS data, on the grounds that
     two analyses by EPA of the same data
     yielded strikingly  different result* (4.54
     vs. 2-29).
       This supposed Inconsistency arose as
     a result of the  progression followed by
     EPA  In preparing the regulations (see
     "Variability" above). The 3.29 daily var-
     iability Is  the result of fitting Amoco's
     data  to a normal distribution,  while the
     434 figure Is based on n log-normnl fit.
     The Improved methodology now being
     used  by EPA results  In  a 180  dally
     variability. The corrections made initially
     for the facts that the data fit only im-
     perfectly  to  either a  normal or log-
     normal  distribution  are   no  longer
     necessary.
       (33>  A commenter stated that  EPA
     erred la using 3.3 as the BODS variabil-
     ity for three refineries In  calculating
     variabilities for othsr parameters, since
     the mean of the three  refineries' BODS
     variabilities Is 2.14.
      The  mean of  the three  refineries'
     BODS variabilities Is In  fact 3.33: how-
     ever. EPA used the median value. 2.3. in-
     stead of the mean.
       (23)  A commenter Indicated that EPA
     did not avail Itself  of  the  data  In the
     Brown and Root Variability study.
      EPA did In fact utilize data from five
     of the refineries used In th* Brown and
     Root Variability Study.  However,  the
     Brown and Root Variability Study Itself
     could not be  used In deriving the limita-
     tions. The study did not give  any raw
     data, or identify the refineries used In
     the study. Thus. EPA had no knowledge
     of the operation of these refineries and
     no opportunity to  determine the causes
     of suspect data. Moreover, the statistical
     approach used by  Brown and Root was
     Inconsistent  with  that  selected by the
     Agency.
      The data from  five of the refineries
    used In the Brown and  Root Variability
    Study  were used, along  with other re-
     finery data, to make the adjustment to
     the original variabilities which had been
     based upon a normal distribution. Since
     EPA  has been  unable  to obtain  the
     names of the refineries used by. Brown
     and Root. It has been unable  to make
     further use of these data.
       (34) One commenter stated that since
     there  Is enormous variation In Un vari-
     ability factors themselves, their statis-
     tical veracity must be challenged.
       The validity of a variability factor in-
     creases as the number of data points and
     the length of time analysed increase. The
     commenter has  calculated daily varia-
     bilities within ••*•** month art** a coeffi-
     cient  of variation (standard  deviation
     divided  by the meaa)  for each month.
     Thus, his calculations would be expected
     Co show relatively wide fluctuations. EPA
     used longer (era data  (la  most  cases, a
     full year). Accordingly. th« uncertainty
     observed by* the commenter Is minimised
     by ZPA's method of analysis.
       The  wmrt"ttMr also  compared  the
     daily  variabilities  based on long-term
     data to  show the wide range of values.
     EPA Is perfectly aware of the wide range
     of variabilities, and one of the Intentions
     of the limitations la  to prevent these
     widely varying discharges. In  defining
     BPT.  operational control Is considered
     extremely important.
       The prevention of spills, operator edu-
     cation, ttariitigiy  analytical error,  and
     proper treatment plant design  for  the
     control of variability are Just as Impor-
     tant as flow minimization or designing to
     achieve a long-term concentration limit.
       (23) One eommenter stated that, since
     EPA based effluent limits (In pounds) oa
     thai product of flow times concentration
     times variability,  and since the commen-
     ter found  no  consistent correlation be-
     tween flow snd any effluent parameter.
     EPA should reevaluate the basis of Its
     effluent limits.
       The commenter provided EPA with a
     list of ten refineries for which he exam-
     ined the correlation of effluent load with
     flow, and a list of those effluent param-
     eters which be found to be significantly
     correlated  with  flow.  These lists, for
     which  the commenter  failed to provide
     either  the data on which they are based
     or the regression model  he used to an-
     alyze that data, constitute merely a sum-
    mary of results obtained.
       EPA determined which effluent param-
    eters were reported by  each of  the ten
    refineries used by the commenter. Nona
    of the  ten refineries reported all effluent
    parameters, although  the commenter's
    lists  might lead one to believe they did.
    Based  upon the commenter's own sub-
    mission, then, the following  table can be
    constructed:
                    Numbfrnf     Sumhtvo'
                  raanrni- ivlin   nfnmi* wim
                   mm linn n    dfiul'mit
              itter  dtu nnlnKt     mrr»l>ilon
                   raanrtln* Oi»  trfrtm HTIurnf
                     tflltnnt     panmotrr ud
                    nrmmrter        tow
                                    KDUAL USISTH. VOL 4O. NO. 98—rulSOAT, MAY 10.  1971
                                                             156
    

    -------
    21943
          RULES  AND REGULATIONS
      Thus. In moat cues where the refiner-
    ies recorded du a on a specific param-
    eter.  the  lomneater actually  reported
    a significant correlation between effluent
    loading ami flew. There waa no reason.
    therefore, for  EPA to  reevaluate the
    basis for Its effluent limits.
       (26) One commenter stated that, since
    data from Shell's Martinez refinery were
    not distributed either normally or log-
    normally. EPA's approach to variability
    was Incorrect.
      The commenter  provided  with his
    comment  a table summarizing the sta-
    tistical  parameters he Investigated at
    the Martina refinery. He did not provide
    EPA  with the  data he used. From tho
    number of data points he reported, how-
    ever.  he  apparently  used  data  taken
    over approximately  a three-year period.
    Since the treatment plant  at the  Mar-
    tina  refinery was not Installed until late
    In 1971. It Is  likely  that the commenter
    combined  In  his  summary  data taken
    both before and after the treatment fa-
    cilities were Installed. If two  such dis-
    parate statistical population*  were so
    combined, the results obtained would be
      In addition, the procedure now used
    by EPA to determine the variability fac-
    tor does not require that the data be dis-
    tributed either normally or log-normally
    over Its entire range.
      (27)  A commenter analyzed BOD data.
    from Exxon's Baytown refinery, and de-
    rived  a variability factor of  3.06. not
    2.03 as  given by EPA.
      The  commenter's value -of 306 Is the
    ratio between the 99th percentile of the
    variability distribution and the 50th per-
    eentile of that distribution  (C99/CSO) for
    the Baytown refinery. EPA actually de-
    fines the variability factor as the ratio
    between the 99th pereentlle of the var-
    labllltv distribution and the mean (C99/
    A). The correct variability  factor for
    the Baytown refinery therefore  Is 2.69.
    EPA originally  rave the  figure  2.03 as
    th.it factor. Uoon  reanalyzing the Bay-
    town data. EPA discovered that  It had
    made an error In transcribing the origi-
    nal figures from the  work shests. EPA
    then recomputed the  overall  variability
    factor  using the 2.69  figure. and found
    It remained unchanged, to within the
    round-off limits.
      (28)  A commenter argued that EPA
    has not demonstrated the  availability of
    carbon adsorption  as  a  proper basis for
    establishing the 1983  limitations. The
    eommenter  cited several  references. In
    addition to those used by  EPA. In malt-
    ing this argument.
      Carbon adsorption technology has been
    used by Industry  for many yean for
    the removal of organic contamination In
    the Sugar and Liquor Industries. In 1960,
    the detailed evaluation of carbon adsorp-
    tion u a possible wastewater treatment
    technology began as part of the mandate
    of Congresa (Pub.  L.  87-38)  to Investi-
    gate advanced waste treatment technol-
    ogy.
      A 1974 article by Eager In Industrial
    Water  Engineering cites sixteen examples
    of full-scale Industry wastewater treat-
    ment Installations using activated  car-
    bon. In  addition, the article gives the
    results of 220 carbon Isothem tests, de-
    pleting the almost universal applicability
    of activated carbon as a viable treat-
    ment.
      Much  of  the  work done  to date on
    activated carbon adsorption has been  to
    show it  Is an alternative  to biological
    treatment. However, carbon adsorption
    seems more universally applicable as a
    polishing step after biological treatment.
    A paper by Short and Myers states: "the
    best levels of reduction were obtained
    with  biological  treatment  followed by
    carbon adsorption. Apparently, bio-treat-
    ment and activated carbon complement
    each other very well and those materials
    which are resistant to biological degrada-
    tion are  adsorbed fairly  easily while
    those materials which are not adsorbed
    by carbon are biologically  degradable."
    This statement Is confirmed by: (1)  A
    paper by Hale and Myers entitled "The
    Organics Removed by Carbon Treatment
    of Refinery  Wastewater":  (2)  A study
    carried out by Union Carbide Corpora-
    tion on  93  organic  compounds: (3)  a
    paper by E. O. Paulson. "Adsorption as
    a Treatment  of  Refinery  Effluent" in
    which carbon Isotherm tests show higher
    BOD  and COD percent removals from
    biological effluents than from raw wastes:
    and (4>  the  1974 pilot plant study at the
    BP. Marcus Hook Refinery There a Bio-
    Disk was used to remove a  portion of
    BOD5 irior to -arbon adsorntion. result-
    lag in substantially bettcr-effluent quality
    than provided by the carbon alone.
      The  Agency  derived Its achievable
    BAT effluent-concentrations from the In-
    formation available  on  the  results of
    activated carbon polishing of biologically
    treated  effluents.  The  sources  used to
    confirm  the probable tchievabUlty of
    these effluent concentrations are as  fol-
    lows: Short and  Myexa—"Pilot Plant
    Activated Carbon Treatment of Petro-
    leum  Refining Wastewater":  The  BP.
    Marcus  Hook  1974 pilot plant study of
    Filtration and Activated Carbon (Blo-
    Dlsk); EPA Process Design  Manual for
    Carbon Adsorption, especially the South
    Lake  Tahoe.  California,  and  Orange.
    California,  biological-activated  carbon
    treatment plant studies.
      An Important  factor In  the  EPA's
    choice of activated carbon adsorption as
    a treatment step on which to base the
    1983 limitations  was the fact  that  It
    would be an add-on to  the  1977 treat-
    ment technology. In addition, the cur-
    rent Interest  In  activated  carbon  ad-
    sorption should makr available sufficient
    Information for  the Agency to  deter-
    mine, prior to the Implementation of
    BAT technology  not later than  1983.  If
    the  limitations  will require modifica-
    tion.
      The commenter also  Questioned  the
    Justification  for  lower  ammonia con-
    centrations for 1983. since activated car-
    bon does  not remove ammonia. While the
    commenter Is correct, he misunderstood
    the BAT ammonia limitation. That limi-
    tation la not based upon use of carbon
    adsorption, but rather Is based  on  Im-
    proved control of the amount of am-
     monia released from the ammonia strip-
     per  to  reach the amount just needed
     to satisfy the nutrient needs of the bio-
     logical creatment plant. The Agency con-
     cluded  that several  additional years of
     experience  and  experimentation  with
     both ammonia strippers  and Individual
     biological system should result In better
     control of stripper  effluents  and  more
     complete  knowledge  of  the  nutrient
     needs of  biological systems.  Therefore.
     the Agency set the HAT ammonia limita-
     tions to reflect the expected reduction In
     "excess" ammonia (the  difference be-
     tween the amount discharged from strip-
     pers now and the amount of ammonia
     needed by biological systems).
      (29) Several comments were received
     concerning  the apparent  anomaly In
     the final pound allocations (base limits
     times process factors times size factor)
     for certain subcategorin. That Is. hypo-
     thetlcally. In some Instances. If sufficient
     petrochemical operations were added to
     either cracking refineries ("B")  or lube
     refineries ("D") to change their classi-
     fications to.  respectively, petrochemical
     refineries <"C"> or Integrated refineries
     ("E"). the final  pound  allocations for
     those  refineries  would  decrease. The
     commenters suggested two solutions for
     this anomaly: either (1) add a weighting
     factor  for  the various  petrochemical
     operations to Increase the  size of  their
     process factors, or (2) eliminate the "C"
     and  "E" subcategories. and add to the
     pound  allocations  for "B" and "D" re-
     fineries additional  pounds based  upon
     the regulations for the plastics,  rubber.
     and organic chemical Industries.
      In calculating the  flows, based  upon
     the  API/EPA survey  (see  "flow  basis"
     above). EPA attempted Co derive  from
     the survey data the actual process waste-
     water flow which  would require  treat-
     ment. For the most part,  the flows listed
     In the  survey  combined both  process
     water and once-through cooling water
     Since the  once-through  cooling  water
     would ordinarily not require creatment. It
     was  necessary  to develop a  means for
     denying  the process flow from the total
     flow listed In the survey.
      The   promulgated  regulations  were
     based upon the flows  from 94 of the re-
     fineries In the API/EPA survey. Of  these
     94 refineries. 75  had  no once-through
     cooling and 19 removed less than 3 per-
     cent of their heat by means of once-
     through cooling water. It  was considered
     that total  flow  for  these 94  refineries
     would correspond closely to process flow.
      After promulgation of the regulations.
     EPA undertook to  Identify the cause of
     the apparent anomaly Identified by the
    commenters.  Upon careful  examination
    of the  flows In the API/EPA survey. It
    was found that the actual process  flows
    for 108 of these 136 refineries  (Including
    all the original 94)  could be calculated.
     When these process flows were compared
     to the  total flows used, the reason for
     the anomaly became apparent:  of the
    original 94 refineries, most of those with
    more than zero but less than 3 percent
    once-through heat  removed by cooling
    water (13 of 19)  were In Che cracking
     ("B") or lube ("C')  subcategories. This
                                    FBMIM lEGISTtR. VOL  40. NO. 91—TUESDAY, MAT  20, 1973
    

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                                                   RUIE5 AND REGULATIONS
                                                                               21949
      cooling water appeared in Che process
      flaw allocations Cor the cracking and lube
      refineries, giving those refineries aa extra
      "cushion" which will make the regula-
      tions easier  to attain tor such refineries.
        EPA does not believe that the excess
      water  allocations  (or th« cracking and
      lubesubeategorles require modification of
      the) regulations. Such modification would
      have the effect oC decreasing the quanti-
      ty of pollutants allowed  to be discharged
      by refineries In these subcategorles. Pe-
      trochemical  and  Integrated  refineries
      would be lesa affected, since the original
      flow data for these" subeategories Included
      a relatively  lower proportion of once-
      through fM""g water.
        It la clear.  In any event, that the solu-
      tions proposed by the commenters would
      tM inappropriate. Since the regulations
      are  based upon  actual  performance b'y
      refineries In  each subcategory. it would
      be absurd to  attempt to  modify them oa
      the basis of regulations designed for other
      industries. Moreover, no "weighting (ac-
      tor" is  necessary to account for petro-
      chemical operations, since the flows con-
      tributed by  such  operations are  fully
     reflected in  the flow data from petro-
     .cnemical and Integrated refineries used
     to develop the regulations.
        <30» One commenter argued that the
     limitation for hexavolent chromium was
     unreasonable since technology to meas-
     ure such low concentrations was unavail-
     able.
       The  commenter  was  correct. Conse-
     quently, the achievable concentration for
     hexavalent chromium has been changed
     from O.COS mi/1,  to 0.03  me/I In  the
     amended regulations.
       (31)  Several  commenters stated  that
     EPA underestimated the  costs of achiev-
     ing compliance with the  regulations.
       SPA reexamlned the economic Impact
     analysis assuming •>••* the cost of com-
     pliance would be SO percent higher than
     the costs estimated when the regulations
     were originally  analyzed.  That Is.  the
     conclusions of the analysis  were cheeked
     using cost estimates that  were SO percent
     higher  than  those  shown in the  eco-
     nomic  impact report  (EPA  230/2-74-
     030)  for BAT treatment and for the T»"
     inplant cost extrapolation (see Table m
     on page  H-30>. The conclusion of this
     sensitivity analysis was that the Impact
     of  the  regulations  would not  be ap-
     preciably changed even If the costs were
     assumed  to be SO percent higher. Thus.
     even  If this assumption about costs were
    correct, the results of the Impact study
    and the  appropriateness  of the  regula-
    tions would be unchanged.
      Specifically, using the higher cost as-
    sumption, the analysis Indicates that a
    total  of  ten small refineries, represent-
    ing a total of  330)00  barrels per  day
    capacity,  would be economically threat-
    ened by the regulations. Two of these re-
    fineries,  representing  7.000  barrels per
    day capacity,  would face a  significant
    threat of closure.  Ties*  *"it-n"anr are
    the impact* projected under the original
    analysis  using the lover  con estimates,
    and may be affected  In any event by gov-
    ernmental policy.
      This  sensitivity   analysis  was  con-
    ducted using a 90 percent  increase in the
     cost estimates, whereas the Industry has
     suggested that the costs  actually are  as
     much  as ISO percent higher than origi-
     nally estimated. This claim was believed
     to  be  totally  unrealistic  for  several
     reasons.  Specifically,    the   estimates
     should  not  Include  "sunk costs" (those
     costs that  already have  been Increased
     In.  the past for  pollution abatement).
     Neither should costs which  would   be
     Incurred regardless  of  EPA regulations
     be Included In the estimated costs of the
     guidelines.  Therefore, an  Increase In the
     coat estimates of SO percent Is more than
     adequate to test for the  possibility that
     the original costs  were In error. This  Is
     particularly true because  It Is likely that
     any  price  Increases which might have
     raised   the  costs  since  the  original
     analysis was made would be offset by the
     conservative assumptions  which  were
     built Into the original co« estimates.
       The  cost estimates are based  upon  a
     complete  activated   sludge  treatment
     system  Including equalization, flotation
     cells, and polishing with mixed media
     filters.  However,  from  the data before
     the Agency, it is clear that such an elab-
     orate system will not be  required In all
     cases. Of the plants which are achieving
     the limitations, a number use only aera-
     tion  lagoans for treatment. Where ade-
     quate land  is  available at a reasonable
     cost, the costs of constructing a lagoon
     system can be  considerably lower than
     the  costs associated with Installing an
     activated sludge system.  Moreover, the
     operating costs of a lagoon system are
     minimal. Thus, If EPA cost estimates are
     In error, they are more  likely to over-
     state, rather than to understate, the re-
     quired capital and  operating costs.
       (c> As a  result of the  review unJc-r-
     taken by EPA In response to public com-
     ment upon the promulgated regulations.
     and upon the modifications thereto pro-
     posed on October 14, 1974. the following
     changes have been made In the regula-
     tions as promulgated:
      Revision of the proposed  amendment
     and promulgated regulation:
      (1) The proposed  amendments have
     been  promulgated  without change (See
     39 PR 37069) :
      (2) The achievable concentration for
     hexavalent chromium has  been changed
     from .003 mg/1 to  02 mg/1: and
      (3) The dally and  monthly  variabili-
     ties  for suspended  solids  have  been
    changed from 2.9 and 1.7  to 3.3 and 2.1
     respectively.
      40 CPR Chapter I. Subcbapter N, Part
    419 Is hereby amended as set forth below
    to be effective June 19. 1973.
      Dated: May 9.1975.
                     RUSSELL E. Tutor.
                          Administrator.
               LIMITATIONS  Gaaaums  roa
      Exnnxc  Souacxa  AND STAMOUAS  or
      Pntroaitfutcx ANO PBcraunuBT STAHO-
      A«03 ran M«w Sooicxs roe TBX Prrto-
      LXQK  Rzrnrom Ponrr Sana  C*n-
      eoir
      (1) The tables  la ) 419.13 (a), (bt  (1)
    and  (3). and  are revised
    to read as follows:
                                              § 119.12  Effluent  limitation*
                                                   representing tlia degree of  etllurni
                                                   reduction attainable by the  applira-
                                                   Uon of the beat practicable control
                                                   technology currently available.
    
                                                (a) •  •  •
                                                  EMItx-m
                                                                 KOhiuic Uoillailulu
                                                             MuJmum tor
                                                             •ay on* 
                                                                        mum lor thirty
                                               Metric oniu (kUotnou Bar 1.00B
                                              BOW	S.T
                                              TSS	 «.»
                                              COC '	 117
                                              on uid (mi*	19
                                              IMinuUa          10*
                                              Ammonia uN _____ Ul
                                              Sulfele .............  l«
                                              Total chromium...  Ml
                                               rnromlUBi.
                                              pU ................. withta tht rmni*
                                       12. a
                                       lu 1
                                       M.I
                                        IT
                                       .117*
    
                                       i. a
                                       .KM
                                        ..•a
                                       . ou
                                                     aniu (poandi oar l.an bM of tediwck)
                                                            to
                                              non«
                                              TS9 ........... ---- 1»
                                              COU • ............. «IJ
                                              OH uid man ...... U
                                               compound!.  .
                                             Ammonia M M ... 9>
                                             SulBdo ............. 00
                                             Tmal chmmlum ____ IV
                                             lUltnlmt       0.1O
                                               rhnniimil.
                                             pll.  .         V lihln uw r
                                                             t.Oia«A
                                       4.33
                                        in
                                       si. i
                                        11
                                        aa
    
                                        4.1
                                       .024
                                        071
                                               (b)  •  *  *
                                               111 Size factor
    
                                             1.000 bol or teadacocfc
                                             par imam o*f
                                                 L*u tftan 140	
                                                330 Co  409	
                                                SO.O to  740	
                                                150 ear 900	
                                                1004  to 134
                                                1330 to 1494	
                                                130.0  or greater....
    
                                               <3>  Process factor.
                                             Plixeaa configuration
                                                         3.40
                                     SUt
                                    factor
                                   .   1.09
                                      i.ia
                                      i.ia
                                      1. 50
                                      1.17
                                                3.3  CO 3.40
                                                1.5  co 4.40.
                                                45  to 3.49...
                                                3.5  to 3.90	
    
                                                tJt  CO
                                                3.8  to MO.
    
                                                10  to
                                                1-5  Co
      M to a 99..
      9.0 to 9.49.
      95 to 9.99
      100 to 10.49
      10.3 M io-da
      110 CO 11.49.
      115 to 1190.
      130 to ia.««.
      13.5 CO 1390.
      13.0 Co 13.49.
      13.3 Co 13.90.
      144 or
    
    (C)  '  *
    (1)  •  •
                                    rTDUAi lICISTEt, VOL, 40, NO. «•—tUISOAY. MAV  30. 1973
                                                             158
    

    -------
     21950
                                              RULES AND  RECUIATTONS
                          Kfliwnl llmiutlfHii
       CfaamtertMl*
           Minimum lir
           •arena dar
                                      n fcir ihinv
                                  enitMruUv* data
                                  ihall 1101
        Mrtrtr nnlto (Mtacmnu i«r raiile imtrr el flow)
     T-W
     1'IHII
                    , O.OIV..
                     V	
                     01.1	
                     uitrtnihrrant*.
                                  .aei
                                   19
         gflBlb* miu (pound* (w 1.900 di al Oavi
                                                  Ptum.il eonflgiirmuon:
                                                    • 7 0 to 7 49	
                                                      73 to 7 99	
                                                      8.0 to 8 49	
                                                      8.9 to 8.99._..........
                                                      9.0 to 9 49	
                                                      9.3 to 9.99	
                                                      10 0 to 10.49	
                                                      10J to 1O.99	
                                                      11.0 to 11.49	
                                                      1'JIO 11J9
                                                      13.0 to 13.49.,
                                                      I3J to 13.99.,
                                                      13.0 to 13.49.,
                                                      13 J to 13.99..,
                                                      1\JO or grettar.
                     o.«». ..........
                                            an
    B00«		
    TS8...... ....... .  a.........»»•
    
    P'£~::::: SiiJi.^-	™  to read as follow,:
                                              ••
                                          (3)  Tfce tables  In I419.19(a>. (b)(l>
                                       aod (2). and (c)(l> and (2)  an revised
                                                                                                Proceaa cooflrunaon:
                                                                                                    7 0 to 7.49	
                                                                                                    7 i to 7.99	
                                                                                                    8.0 to 8.49	
                                                                                                    8 3 to 8.89.
                                                                                                    9.0 to 9.49..
                                                                                                    9 J to 9 99	
                                                                                                    iO.O to 10.49..
                                                                                                    10J to 10 99..
                                                                                                    11.0 to 11.49	
                                                                                                    M.S to 11.99.
                                                                                                    13 O to 1X49	
                                                                                                    13.8 to 13J9.._..
                                                                                                    13.0 to 13.49.
                                                                                                    13.3 to 13.99..
                                                                                                    14.0 or graaur..
    
                                                                                                  to  •  •
                                                                                                  (I)  •  •
                                               /actor
                                              .  1.39
                                              .  1.91
                                              .  1.84
                                              .  1.79
                                              .  1.98
                                              .  3.13
                                                 9.31
                                                 3.31
                                                 3.73
                                                 2.98
                                                 3.34
                                                 3.33
                                                 3.84
                                                 4. 18
                                                 4.38
                                       8 419.13  Standard*  of performance for
                                                                                                    EBuMt
                                                                                                  onancwrUao
                                                    (a)
                                                                                                                Mutmnm kr
                                                                                                                •nronadaj
                                                                                                                  ATvnvnofitiill*
                                                                                                                  TKIUM tor iMrtr
                                                                                                                            Hull not
                          BfflUMil umluuem
         KffllOTII
           Mulmnm lor
           •UT era di/
                                                                       BffluMt ilmiutloni
                                                                                                  MMria anlu (kUotnau pv eabla outer el flewi
                                  nliw* far uilrtT
                                  eorwvuim da
                                                      SIBumi
                                                        Maxlmam (be
                                                        •ay en* daf
       MMfta orttt ftflamau p» eubta rarur al Itovl
                                                                                man tor ihlrty
                                                                               eonarcuU ra dan
                                                                               tkau not ._ .. Oil	
                                aoa
                                 .an
                                  j*
         Rn«U*h qnlu (pound! POT LOOOni ol Oovl
                                                 Bon«_.._	t
                                                 TSW^™™.::.. »,».....	
                                                 oiYaoa'i	     *'""	~
    
                                                                  M	
                                                                  Jit.............
     O.J
     4.9
      a
     U9
    .oa
                                                                                                    Eodbh onlU (paondi par IJOO ni el flaw)
                                                                                    BOM_
                                                                                    TSS....
    DOIM
    ruin
    iMlan«l
    pll
    P
                    0.40 .............
                                 an
                                  17
                                  id
                                  00
                                      Ammonia u
                                      Suind*....
                                      Total ehn>mlam
                                      llrunlMit
                                        chromium.
                                      pll	_„	„ Within lite
                                                                                                               OLIO
                                                                                                          ..... 27...
                                                                                                    — ..........   ............
                                                                                               Oltandfraaai ......  13  ........
                                                                                               pU ................. wiuilnina
                                                                                                                 rmn 4-0 M
                                                                                                                                      an
                                                                                                                                       .17
                                                                                                                                       i. a
                                                                                                                                      .007
                                                                                                 (2)
                                                    Ejifllaa nailB (pottfld* iw IM bbl of fatdllae*)
                                                                                                                            nillullerai
       (2>  Tbe tables la I 419.13(b) (1)  and
    (2) an revised to rend as follows:
    § 419.13  Effluent UraiUllorw  iruidrliiic*
         rvprrwnlina; iho deam of  effluent
         reduction  attainable  or ll>« applica-
         tion of lh« bnl  aTailaUa Icciinolocr
                                                 1IOIM --- ......... 4.2 ......... ---
                                                 TSH ................ XO ............ _
                                                 COI»i ........ --- 21.7 ........... _
                                                 oil rout gmm ...... U ............ _
                                                 1-honoUe           OH ........... _
                                                  CORIpOIBUll*
                                                 Ammonia aaN ..... IB ..............
                                                 BulAd* ............. 027 .............
                                                 Teial enramlum.... 004 .............
                                                                               13
                                                                               L»
                                                                              IL2
                                                                                70
                                                                              .Die
                                                                               012
                                                                               OT7
                                                                                                                             ri'iir* (nr tnlrtv
                                                                                                                            auMeuilm a/i
                                                                                                                           ih»ll not uconl-
                                        rnroniii
                                      pU._....
                                                          .
                                                          ..._.... VMthlnihe
                                                                                       Murle uiilu iklleiruw per culilc niuirr of flowi
                                                                                              noi>5	aoca	          aiui
                                                                                              T!M	  flU	            ir.-t
                                                                                              COI>'	  47 	            ji
                                                                                              OHwidiraaB	  01.1	            nn
                                                                                              pll		— Mllhlnine     	
                                                                                                                range 6.0 la
       (b)  •  •  •
       (1)  Size factor.
    
    1.000 bbl at (Mdatock per •'
        Laaa t&an MA
        28.0 to 49 9	
        M.O to T4.9	
        78.0 10 99.0..
        1004 to 134.9	
        1334 10 149.9....
        130.0 or crmter...
    
       (3)  Process factor.
    
    Proceaa condguratloa:
        Lew in*a 149.	
        3.3 to 3.49.
        1.3 to 4.49........
        4.8 to 8.49	
        3.3 to 3.99	
        1.0 to 8.49	
        •A to 849	..
                                                    (b)  *  ' *
                                                    (1)  Sire factor.
                                                 1.000 bbl of rMditoek par itnun d>y
                                                     39.0 to 49 J»
                                                     30.0 to 74J)
                                                     73 0 to 99.9.
                                                     100.0 to 134 9
                                                     133.0 to 149 9 ------
                                                     130.0 or (TMtar..,
                                                   (3)  Procesr (actor.
                                        /actor
                                          0.03
                                          0.87
                                          0.80
                                          0.98
                                          1.07
                                          1.17
                                          1.37
                                                                                         Enfllak uiillx (noandi por 1.000 nl ol flovl
                                                                                    DOM.	a«0 	          ail
                                                                                    TSS	3._	            17
                                                                                    C0l»' 	HI	           4»
                                                                                    OlluidinaM	 12* 	           in!
                                                                                    all_	Within the     	
                                                                                                     range «J> 10
                                                                                                     9.a
                                                    Lea* man 2.49	
                                                    2.3 to 3.49.
                                                    3.3 to 4.49
                                                    4.3 to 8.49..
                                                    3 8 to 3.99.,
                                                    8.0 to 8 49	
                                                    8.8 to 8.99—
                                                                                      (4) Tfeo tables IB I 419.23 fa) and (b)
                                                                                    (1)  and (3)  are revised to read as  fol-
                                                                                    lows:
                                                                                    S 419.22   Effluent limitation* guideline* '
                                                                                         reprceentinc  the degree of  effluent
                                                                                         redaction attainable by the applica.
                                                                                         lion of the bat practicable control
                                                                                         technology currentl? •railable.
                                                                                      (a)  •  •   •
                                        RDUAt UOIS7K.  VOL 4O. NO.  98—rUISOAf.  MAT 2O. 1*79
                                                                      159
    

    -------
                                                      RULES  AND REGULATIONS
                                                                                                                                21951
                         ZfliMffi Uniuaon
                                                  (2)  Process factor.
        TiflhMM
                     Uadnuin br
                     as? oa* day
                                 Anrwt ofdnlly
                                 wluca tor thirty
                                 cemmuun oa*i
                                •Ban not UCMII—
       Menu noli* (kllocnau p« 1.000 n< ol r*>oaack>
    B004_
                                           i&a
                                            ini
                                            4.J
                                            .19
    
                                            L5
                                           .082
                                             a
                                           .019
         taaa 3.49..
    3.8 to 3.49..
    3.5 to 4.49	
    4.5 to 5.49..
    55  to  5.90..
    84 to 8.40.
    8.5 to 8.99	
    74 to 7.40.-
    73 to 790..
    84 to 8.40	
    84 to 840_
    94 to 9.49	
    94 or greater.
     /actor
    _  0.58
       0.83
       0.74
       0.88
       1.00
       1.09
       1. 19
       L39
       1.41
       1.53
       1.87
       1.83
       1.89
                                                             TJ to 799.
                                                             84 to 8.40.
                                                             8.5 CO 199.
                                                             90 to 949	
                                                             98 or greater.
                                                                                                                                 factor
                                                                                                                                   1.41
                                                                                                                                   1.13
                                                                                                                                   1.87
                                                                                                                                   1.83
                                                                                                                                   1.89
       Bail!* aniu (pood* per 1.000 bM «
    BOM	U	
    TW.	*•»	
    coo i	*«	•
    Oil and JIM si...... «	
             n-     .OT4.._
    Ammonia a* N.'.... Is...
    8uMd4>	 051..
    Total cBremtam— IS..
    H<
                                            LI
                                          • 4.4
                                           a.4
                                            1.1
                                                   (8) The tables In I 419.26 (a)  and  are revised to read is fol-
                                                lows:
                                                9 419.25   Standard* of perforauutce for
                                                   (a)
                                                            (7)  The tables to I 419.32 and  (b>
                                                         (1)  and (2) are  revised to read  aa fol-
                                                         lows:
                                                         § 419-32   Effluent  limitation*  guideline*
                                                              representing the  degree of effluent
                                                              redaction attainable by  the applica-
                                                              tion  of the  best  practicable  control
                                                              lecnnofoirj currently available.
                                                            (a)   •  • *
                                                                                                                  Bflomt UmlUdon*
      (b)  •  •  •
      U>  Sice factor.
    1400 bat of feedstock
    per nr:am day:
        Less taaa 344	
        33.0 to 494.,
        50.0 to 749..
        75.0 to «9.9	
        100.0 to 1344..
        138.0 to 149.9..
                 Ulislir.
     factor
    .  0.91
    .  0.98
    .  1.04
       1.13
       1.33
       1.38
       1.41
       (2) Process factor.
    Process eonaguntioa:
    Less, taaa X49....._.
    34 to 3.49.__ 	 . 	
    34 to 4.49 	 — 	
    4.4 to t.49. ...........
    5.5 to 599 	 . 	
    8.0 to 8.49_ 	 „
    84 ta fl 99............
    7.0 Co 749.. 	 .
    7.5 to 799... 	
    84 to 8.49 	 ........
    •-9 » » W........ ....
    9.0 to »«.... ......
    94 or cn»ur..___
    /•etor
    	 0.88
    	 . 	 0. 83
    	 0. 74
    . . — . 0. 88
    	 	 1,00
    ... 	 1. 09
    ........... I. 19
    . , ' «•
    ...... 1.*'
    ......I.... 1. M
    .. . .... 1 87
    ., -.--.... ' •»
    —.__... 1.80
       (3) THe tables ta I 419.23 (b> (1)
     (2) are revised to read as follows:
     § 419.23
                                          and
                Effloenl nmitation* guidelines
                   nf  tno deswa of  effluent
         reduction attainable  by the applies.
         Uon of the best available technology
         economically available.
         • •  *
      (1)  Size factor.
    1.000 bbl of feedstock
    per itream day
        L*ss toaa 34.9	
        3S.O to 499	
        504 to 74
        7B4 to 999...
        100.0  to 134.9..
        1354  to 1494..
                 cmter.
                                         StMt
                                         factor
                                       .  0.91
                                          0.98
                                          1.04
                                          I. 13
                                          1.33
                                          1.3S
                                          1.41
                                                                                                  Eflmrt
                                                                                                              Mi
                                                                                                              any
                                                                                                               [adman tat   mar* *>r tlilnv
                                                                                                                          iflaU not
                                                                                              r> dan
                                                                                              nc««r1—
                                            10
                                           .OEM
                                                     XIBuwit
                                          ATtnw of dally
                              Marimom hr  tatoal for thirty
                              any on* day   •^i^cHtlT* day*
                                          naaiMOCMd—
                                                                                                                  par UOOO a< •! badnoek)
                                                                    • prr 1.009 m> of
                                                                                             BOD«	M.«	
                                                                                             T88		a.*	
                                                                                             COO '       .... 710..............
                                                                                             On and imaa.	ll.l	
                                                                                             PhlswWelel 1ffHft~     Js**.••••...•••••
                                                 BOM	I&J—_-.
                                                 T88		11.1	
                                                 COD«	_. in	
                                                 on ind *n*m	4J	
                                                 Ptwnoile          JU....	
                                                                .10*	
    
                                                                JBO'.'.'.'.'.'.'.'.I
    
                                                                withmih*
                                                                  rannd.0
                                                                  is* A
                                                         Ammonia •* N..... H.4........
                                                         8alM*	JS	
                                                         Total enramtaD9_. Ja	_.
                                                         Baunlm        JJ«*	
                                                                       ... within UM
                                                                                        ir
                                                                                        T.2
                                                                                         •I
                                                                                       .12  pa...:
                                                                                                                                     18.4
                                                                                                                                     14. a
                                                                                                                                     1UO
                                                                                                                                     .OM
                                                                                                                                     .30
                                                Ammonia aa N ___
                                                SulAd* .......... -
                                                Total fh
                                                  chromium.
                                                PH ...........
                                                                                       . oou      BnflM onlta (poonda par I SCO bbl at faadnoek)
                                                   fedllatt unlla (pound* par I.OM bbl of indnack)
                                                 BOO*	J.»	
                                                 T9S	40	_
                                                 COO'   	« J	
                                                 OH Mid im*a...... I 7..........
                                                 PTMioUa          00	
                                                Ammonia aa I*	(.«	_
                                                SUIIWt	 BIT	
                                                Tola! flnnmlum__ 0*4.	
                                                lltunlrni       .0071........
                                                  rhramliun.
                                                pU .   ............ Wlthla tb*
                                                                  ran** 4.0
                                                                                        1.1
                                                                                        3.0
                                                                                       .017
               (b)  • •  •
               (1)  Size factor.
    
             1400 bbl or foedatock per
                 Leas taaa  3«4__.
                 38.0  to  499	
                 MO  to  749.
                                                                               oar:
                                                    78.0 to 894	
                                                    1000 to 1344	
                                                    135.0 to 1499....
                                                    150.0 or gnalar..
                                                                                      Sin
                                                                                     factor
                                                                                  	  0.91
                                                                                  ...  0.95
                                                                                  	  1.04
                                                                                  _.  1.13
                                                                                  	1.33
                                                                                  	1.39
                                                                                  —.  1.41
               (2)  Process factor.
                                                Proeeu
             Procns eooflgunttoa:              /actor
                 Less tbsa  3.49..................  0 38
                 3.S  to  3.49_...._..._____„..  0. 03
                 35  to  449	  0.74
                 45  to  5.49	.	  0.88
                 55  to  599	  l.OO
                 84  to  8.49	   --   1.00
                 8.5  to  8.99	  1. 19
                 70  to  7.40.___	1.30
                                                                                             SOW	IS.1	           ».»
                                                                                             TSS	»»	          IJ»
                                                                                             ClIO' .  	7«	          ML«
                                                                                             OUafldlK***	111 	           1.1
                                                                                             Phtiwlk cun>-      OH	          .M21
                                                                                              poandx
                                                                                             Ammonia aa N	tJS	           3LS
                                                                                             SuKWr     	an	          .01
                                                                                             Tnrat rluwnlum._ IH	           107
                                                                                             IIna*aKnl        OU	          .0079
                                                                                              rhromium.
                                                                                             pU	Within UM
                                                                                                              rwic**.aia
                                               (!)  Size factor.
                                                                                  SIM
                                             1.000 bbl of feedstock per itream-day:  factor
                                                 Leu taaa 344.._......._...__  0.73
                                                 344 to  49.9._........_._....__  0.78
                                                 504 hi  744.._.._._._...._..  0.83
                                                 734 CO  999	  0.91
                                                 1000  to 1349	„_	0.39
                                                 135.0  to 1400	.__.		  1.38
                                                 180.0  or gruur..		  1.13
    
                                               (2)  Process factor.
    
                                             Process candguratloa:
                                                 Lu* taaa 4.40..
                                                 4.5  to 5.49	
                                                 5.5  to 899	
                                                 8.0  to 8.49....
                                                 84  10 899	
                                                 70  to 7.49	
                                                 75  to 799...
                                                 80  to 849...
                                                 8.8  (O 8.99...,
                                                 90  10 949	
                                                 9.5  or greater..—...
                                                                                               (8)  The  tables In i 419J3(b>  (1) and
                                                                                             <2> are revised  Co  read as follows:
                                        FOIKM ncnrn. vou 40. NO. 9»—TUISOAT. MAT 20. 1975
                                                                    160
    

    -------
    21952
    §419.13
              Efll-irnl Umilnlion* puidrlinea
             M tiling  the  de«re« of  effluent
        reduction  attainable bf the  appllea.
        lion of the oral available  lechaoloty
        exonomicullr achievable.
      ._,.••
       i,  CM,  f.^M
      ill  512* IBCtor.
                                        SIM
    1.000 bbl of feedatock per sttr»amd»7S  /actor
       Lmtlua34.9 ---------------  0.73
               RUIE5 ANO  REGULATIONS
    
           (1> SUa factor.
    
         i.ooo bbl of rnditock per icntca dar:
             L  Process factor.
                                                                                            (1) CUO factor.
                                                                                                                              Sl*i
                                                                                          i.OOO 661 or (Mdstock per ilraara d»r:  /actor
                                                                                              Len taaa 40.0.._ -----------  0. 71
                                                                                              90.0 to 74.9 ------------------- .  O.T4
                                                                                              730 to MB ----------------------  0.81
                                                                                              100.0 to 134.0 -------------------  0.88
                                                                                              139.0 to 1499 ------------------  0.97
                                                                                              100.0 to 174.9 ---- ... -----------  1.08
                                                                                              175.0 to 199 9 ---- _ -------------  1.14
                                                                                              300.0 o» (water ---------------  1.19
                                                       "Hi* tables In I 419.42 (a) and (b)
                                                         (3)  an rertsed to read aa fol-
                                               | 419.42   Effluent  limitation! rnidelinca
                                                    repramifaiB tha  defre* of effluent
                                                    redneUoB .luinabl.  br the applies
                                                                                              LTB taaa 8.40—
                                                                                              8.8 to 7 49	
                                                                                              7J to 740	
                                                                                              8.0 to 8.40...
                                                                                              U to 8.90..
                                                                                              0.0 to 0.49	
                                                                                              9J to 9 90..	
                                                                                              10.0 to 10.49_.
                                                                                              10.8 to 10.99	
                                                                                              11.0 to 11.49	
                                                                                              11.3 to 1149	_.
                                                                                              134 to 13.49..
                                                                                              13J to 1340.
                                                                                              134 or greater.
                                                                                        0.81
                                                                                        0.83
                                                                                        1.00
                                                                                        1.00
                                                                                        1.10
                                                                                        1.39
                                                                                        1.41
                                                                                        1..'3
                                                                                        1.87
                                                                                        1.83
                                                                                        1.98
                                                                                        3. IS
                                                                                        3.34
                                                                                        3.44
                                                                                            (11) Taa tables In I 419.43(b) (W and
                                                                                          (a> „, revised to read as follows:
    8 419JS  Standard* of  performance for
         uum
       {•>  »
       '*'
                                                                    gmo»«t amiuuom
                                                               MMlmnm tor  vclim tor uilnr
                                                                MT on* dar  onnMcuUn otr*
                         Zfltuwtt Umlutlan
         XfltuMM
                                •«*«"«
                                  " '**
                                                  Mruir aalu (mnttmm. p«- 1 jBPoH o> tedaak)
                                                                                               redaction altainaale br llie applica-
                                                                                               tlon of the beat available leehnolonr
                                                                                               eeonomiuilr aeUevable.
                                                                                            (b)  •  • •
                                                                                            (1) Size factor.
                                                                                                                              5U»
                                                                                          1.000 bbl at feedstock per ttream-dar:  /actor
                                                                                              Lra t&aa 404	  0.71
                        p» I.COD or
                                               F.OM .............
                                               roli'i.""""""I.II
     ROIM
     TM
                   10 ............
    
                   6? .......... "
                      ""
    IL«
     «.»
    
     1*
    .OH
    
    HX7
                                                       -M ..... 3.4
                                               suirwi. ............ J3
                                               Toi«lel»mmlum_.. 7T..
                                               Bmnteni       J»
                                                                                      1ST
                                                                                     ia*
                                                                                     .uo
    100.0 to 134.0	
    1334 to 1400	
    1804 to 1740....
    178.0 to 1990	
    300.0 or greater..
    0.83
    0.97
    l.OS
    1. 14
    1.19
                                                  Kn|Uihanlti(poua
                                                  (b)
                                                                                            (13) The tables In i 419.43 (a) and (b)
                                                                                          (1)  and (2)  are revised to read as  fol-
                                                                                          io wa:
                                       RDUAL icoisrn. vou 40. NO. 98—ruiMAr. MAT 20. 1979
                                                                  161
    

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                                                       BULES AND  REGULATIONS
                                                                                                    21953
       419.45  Standard* of performance for
          new «ourcea.
                                                                   (b)  •  •  •
                                                                   (1) Size fa
                                                                              :tor.
                                                                       Kfflont BmlUUan
                                                      BfflWU
                          BantatlaJUOem
                                                                   Mulinam far
          SBtnfil
                      Mulmam tor
                      uiv an* d»T
    Annnefdiair
    mua in iniity
         lln   Ammonia<• K.._ B.4..._.......
               .*jS  tallM*..........
                                                    Bndltfi onlu (pounOj 0>r I.OB9 bel o< Cpiditael)
        tiwlba imiu cpoaarti v*r IJ300 bbl at (Mddaekt
     Bon«	
         Bon*.	— wi	
         TUS	........ i"	-	
    —   COD*      ...... I*	...........
    ..   Oil and (KM*	10	
    £3   Pnwntlrma-     14	
                                                       ........... .
                                                 Total emnranBB—.. J9
                                                 BuanMit       JB3
                                                  enramlon.
                                                 fit.. ............ Wltlilnth*
                                                                                        .03
                                                          11XJ
                                                           8.4
                                                 8.0 to 8.49.....
                                                 8J to 8^9..
                                                 9.0 to 949	
                                                 9J to
                                                 10.0 10 10.49	
                                                 10.9 to 10.09	
                                                 11.0 to 11.49	
                                                 11.8 to 11.99	
                                                 13.0 to 13.49	
                                                 13J to 1399	
                                                 13J>
                                                           .17
                                                          .Oil
     •n	_.
       (b)  * *  '
       <1) Size factor.
     1400 Ml of fntfatock ptr i0«ma day:
         Last  thu 49J —
         SO.O to 749 — ...
         7S.O to 99.9 ______
         100.0 CO 134.9 ----
         1390 to 14«9._..
         190.0 to 1749 ______ _.
         1790 to 1999..
         3000 or
                                                                  to.
           U) Size factor.
    
         1.00O Ml at feaetetoc* per i
            Law  ttaa 134.9	
            1290 to 149.9	
            ISO 0 to 174.k	
            179.0 to 1999	
            3OO.O to 2349	
            339  or
                                                        (15) The tables In 419 55 (a)  and  (b)
                                                     U)  and  (2>  an amended  to  read  as
                                             	-  followa:
    
                                             	S 419.55   Standard* of performance  for
                                                                                                (a)
                                                                                                                   Saiwni Ibniiutlam
                                                                                             v«luri Bnr ihtf i
                                                                                            canvfnillvo ilu«
                                                                                            Mall not r>mnl
                                                                  tfruleUMIU (»lt»T«m> (*r l.oom>
       <2> Process (actor.
    
     •tocaia eooajuraaoa:
        Laa  tbaa 8.49.
        8J U 7.49...
        TJ to  7JM	
        8.0 to 8.49..
        8.9 la  8.99
        9.0 CO 949..
        9J to 999	
        iao to 10.49..
        10A to I099..._.........
        11.0 to 11.49	
        UJ to 1199..
        19.0 to 13.49...
        13J to 1OS9	
        13JO or p«aur..	
       (13)  The  tables  In I 419.53  (a)  and
     d) and
                  (3) are revised to read aa follows:
    
                  9 419.53   Effluent linulationa ruidellnea
                       repreaenlina;  the dcfna of cfflaenl
                       reduction  iltaiaabJc by  lh« ipplica*
                       tion  of the be*l  >*ailibla lechnoJoty
                       eeononiieally achievable.
                                                    now. ............. 147 .............
                                                    T39.. ............... »•>  ... ..
                                                    COD' ............ IM ..... . ..... "
                                                    nil mil >in» ...... M  ............
                                                                    10} .............
                                                                                                        "
                                                 ........
                                            Total rftrefnium..
                                            Htwmtanl
                                             cnnailiun.
                                            l»l
                                                                    390.
                                                                    UI9
    T »
    • 1
     VI
    1 I
    uu
    
    14
    IMJ
     II
                                                                  . WIUilnUM
                                                                     lota.
                                                                                               Ib)
                                        notiAi IICISTIR. vac 40, NO.  is— TUIIOAT, MAT  10.  197]
                                                                   162
    

    -------
      > 11  Size (actor.
                                         Slit
    l.OOO bol of iMdatock par SCTCMU d»T   /actor
        L*u tnaa 134.9	  0.73
        1394 to 149.9			  0. 78
        190.0  to 1749	  n. 83
        178.0  to 1M.9..		..  0.91
        300.0 to 234.9  .-		  0.90
        •J3S or groaur...................  1.04
    
      (2)  Process factor.
                                       Procc-a
    Proecu eonflvurmuon.                lot-tor
        L*n than 8.49	  079
        8.910T49		  0.83
        7.9 to 7 99	  0.93
                                           .00
                                            10
                                           .20
                                           . 30
                                           .43
                                            94
                                            88
                                            83
        13.0  to 13.49	    90
        139  to 13.99	  3.17
        13.0 or tr»t«r			  3.28
    
      |FR Ooe.78-13959 Piled 9-10-79:8-49 tml
    8.0 to 8.40.
    8.9  10 am	
    94 to 0.40		
    99  CO 9.99		
    100 to 1040	
    10.9 to 1099		
    11.0 to 11 49	--._	
    11.9 to 11 99	
                                        RDIIAl UGISTR, VOL  40,  NO. 98—WISDAr, MAY 20. 197S
    

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        Friday
        December 21, 1979
        Part IV
        Environmental
    
        Protection  Agency
    
        Petroleum Refining Point Source
        Category Effluent Limitations Guidelines,
        Pretreatment Standards, and New Source-
        Performance Standards
    164
    

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      75926
    Federal Register / Vol. 44. No. 247  / Friday. December 21. 1979  /  Proposed Rules
         VIRONMENTAL PROTECTION
          NCY
    
      40 CFR Part 419
    
      [FRL 1312-1]
    
      Petroleum Refining Point Source
      Category Effluent Limitations
      Guidelines, Pretreatment Standards,
      and New Source Performance
      Standards
    
      AGENCY: Environmental Protection
      Agency (EgA).
      ACTION: Proposed regulation.
    
      SUMMARY: EPA proposes regulations to
      limit effluent discharges to waters of the
      United States and the introduction of
      pollutants into publicly owned treatment
      works from facilities which are engaged
      in refining petroleum. These facilities
      are defined more specifically as those
      classed by the Bureau of the Census in
      Standard Industrial Classification (SIC)
      2911. The purpose of this proposal is to
      provide effluent limitations guidelines
      for "best available technology,"  and
      "best conventional technology." and to
      establish new source performance
      standards and pretreatment standards
      under the Clean Water Act.
        Tie effect of these regulations on the
          ileum refining industry would be to
         .are pretreatment of process
      waste waters introduced into publicly
      owned treatment works (POTWs) and
      treatment of process wastewaters
      discharged to waters of the United
      States. After considering comments
      received in response to this proposal.
      EPA will promulgate a final rule.
        The Supplementary Information
      section of this preamble describes the
      legal authority and background, the
      technical and economic bases, and other
      aspects of the proposed regulations.
      That section also summarizes comments
      on a draft technical document circulated
      on April 21.1978.' and solicits comments
      on specific areas of interest. The
      abbreviations, acronyms, and other
      terms used in the Supplementary
      Information section are defined in
    • Appendix A to this notice.
       These proposed regulations are
     supported by three major documents
     available from EPA. Analytical methods
     are discussed in Sampling and Analysis
     Procedures for Screening of Industrial ~
     Effluents for Priority Pollutants. EPA's
     techincial conclusions are detailed in
    - the Development Document for
      "^oosed Effluent Limitations
         'elines, New Source Performance
         dards and Pretreatment Standards
    ,~f the Petroleum Refining Point Source
     Category. The Agency's economic
                            analysis is found in Economic Analysis
                            of Proposed Revised Effluent Standards
                            and Limitations for the Petroleum
                            Refining Industry.
                            DATE: Comments on this proposal must
                            be submitted on or before February 19.
                            1980.
                            AOORESS: Send comments to: Mi.
                            William A. Telliard, Effluent Guidelines
                            Division (WH-552). Environmental
                            Protection Agency. 401 M St.. S.W..
                            Washington. D.C. 20460. Attention: EGD
                            Docket Clerk. Petroleum (WH-552). The
                            supporting information and all
                            comments on this proposal will be
                            available for inspection and copying at
                            the EPA Public Information Reference
                            Unit Room 2404 (Rear) PM-213. (EPA
                            Library). 401M Street, S.W..
                            Washington. D.C. 20460. The EPA
                            information regulation (40 CFR Part 2)
                            provides that a reasonable fee may be
                            charged for copying.
                            FOR FURTHER INFORMATION CONTACT:
                            Technical information and copies of
                            technical documents may be obtained
                            from Mr. William A. Telliard. (202) 755-
                            7733 at the address listed above. The
                            economic analysis may be obtained
                            from Mr. Louis DuPuis, Water
                            Economics Branch fWH-586).
                            Environmental Protection Agency. 401 M
                            St. S.W.. Washington. D.C. 20460, (202)
                            755-7733.
                            SUPPLEMENTARY INFORMATION:
    
                            Organization of This Notice
                             I. Legal Authority
                             IL Background
                             a. Clean Water
                             b. Prior EPA Regulations
                             c. Overview of the Industry
                             III Scope of This Rulemaking and
                            Summary of Methodology
                             IV. Sampling and Analytical Program
                             V. Data Gathering Efforts
                             a. Technical Questionnaires
                             b. Sampling and Analysis
                             c. Results
                             1. Analytical Results
                             2. Achievable Pollutant Concentrations
                            (BPT)
                             VL Industry Subcategonzation
                             VII. Available Wastewater Control and
                           Treatment Technology
                             a. Status of In-place Technology
                             b. Control Technologies Considered for Use
                           in This Industry
                             1. Reuse and Recycle of Wastewater
                             2. Powdered Activated Carbon
                             3. Granular Activated Carbon
                             4. Metals Removal
                             S. Biological Treatment
                             VIIL BAT Effluent Limitations
                             a. BAT Options Considered
                             1. Increased Reuse and Recycle of
                           Wastewaters (279)
                             2. Increased Reuse and Recycle of
                           Wastewaters (52%)
                             3. Segregation of Process Streams
                             4. Powdered Activated Carbon
                             5. Granular Activated Carbon
       8. No Discharge of Wastewaters
       b. BAT Selection and Decision Criteria
       IX BCT Effluent Limitations
       X. New Source Performance Standards
      (NSPS)
       a. NSPS Options Considered
       1. Increased Reuse and Recycle of
      Wastewaters (52%)
       2. Granular Activated Carbon
       3. No Discharge of Wastewaters
       b. NSPS Selection and Decision Criteria
       XI. Pretreatment Standards
       a. Pretreatment Options Considered
       1. Metals Removal
       2. Biological Treatment for Certain Indirect
      Dischargers
       b. Pretreatment Selection and Decision
      Criteria
       XIL Regulated Pollutants
       a. BAT
       b. BCT
       c. Pretreatment Standards
       XIII. Pollutants Not Regulated
       a. BAT
       b. Pretreatment Standards
       c. Pollutants Limited by BPT
       XTV. Non-Water Quality Aspects of
     Pollution Control
       a. Air Pollution
       b. Solid Waste
       c. Energy Requirements
       XV. Costs. Effluent Reduction Benefits, and
     Economic Impact
       a. Economic Scenario One
       1. BAT/BCT
       2.PSES
       3. NSPS/PSNS
       b. Economic Scenario Two
       1. BAT/BCT
       2.PSES
       3. NSPS/PSNS
       e. Effluent Reduction Benefits
       XVI. Best Management Practices
       XVIL Upset and Bypass Provisions
       XVUL Variances and Modifications
       XIX Relationship to NPDES Permits
       XX Summary of Public Participation
       XXI. Solicitation of Comments
       XXII. Appendices:
       A—Abbreviations.  Acronyms and Terms
    Used in This Notice
       B—Toxic Pollutants Not Detected in
    Treated Effluents (Direct Discharge)
       C—Toxic Pollutants Detected in Only One
    Refinery Effluent (at concentrations higher
    than those found in intake water)  and Which
    are Uniquely Related  to the Refinery at
    Which it Was Detected (Direct Discharge)
       D—Toxic Pollutants Detected in Treated
    Effluents of More Than One Refinery or
    Detected in the Treated Effluents of One
    Refinery But Not Uniquely Related to the
    Refinery at Which it Was Detected (Direct
    Discharge]
      E—Toxic Pollutants Not Detected in.
    Discharges to POTWs (Indirect Discharge)
      F—Toxic Pollutants Detected in Discharges
    to POTWs (Indirect Discharge)
      G—Toxic Pollutants Found To Pass
    Through POTWs With Only Primary
    Treatment (Indirect Discharge)
    
    I. Legal Authority
    
      The regulations described in this
    notice are proposed under authority of
    sections 301. 304. 306\ 307. 308. and 501
                                                                   165
    

    -------
                    Federal Register / Vol. 44. No.  247 / Friday. December 21. 1979  /  Proposed Rules	75927
     of the dean Water Act (the Federal
     Water Pollution Control Act
     Amendments of 1972. 33 USC1251 et
     seq.. as amended by the Clean Water
     Act of 1977. Pub. L 9S-217) [the "Act").
     These regulations are also proposed in
     response to the Settlement Agreement in
     Natural Resources Defense Council. Inc.
     v. Train. 8 ERG 2120 (D.D.C 1976).
     modified March 9,1979 and in response
     »o the decision of the United States
     Court of Appeals in American
     Petroleum Institute v. EPA 540 F. 2d 1023
     (10th Cir. 1976).
     IL Background
      (a) The Clean Water Act The Federal
     Water Pollution Control Act
     Amendments of 1972 established a
     comprehensive program to "restore and
     maintain the chemical, physical, and
     biological intergrity of the Nation's
     waters." Section 101(a). By July 1.1977.
     existing industrial dischargers were
     required to achieve "effluent limitations
     requiring the application of the best
     practicable control technology currently
     available" (BPT), Section 301(b)(l)(A];
     and by July 1.1983, these dischargers
     were required to achieve "effluent
     limitations requiring the application of
     the best available technology
     economicaUyrachievable . . . which will
     result in reasonable further progress
     toward the national goal of eliminating
     the discharge of all pollutants" (BAT),
     section 301(b)(2)(A). New industrial
     direct dischargers were required to
     comply with section 308 new source
     performance standards (NSPS). based
     on best available demonstrated
     technology: and new and existing
     dischargers to publicly owned treatment
     works (POTWs) were subject to
     pretreatment standards under  sections
     307 (b) and (c) of the Act While the
     requirements for direct dischargers were
     to be incorporated into National
     Pollutant Discharge Elimination System
     (NPDES)  permits issued under section
     402 of the Act pretreatment standards
     were made enforceable directly against
     dischargers to POTWs (indirect
     dischargers).
      Although section 402(a)(l) of the 1972
     Act authorized the setting of
     requirements for direct dischargers on a
     case-by-case basis, Congress intended
     that for the most part, control
    requirements would be based on
    regulations promulgated by the
    Administrator of EPA. Section  304(b) of
    the Act required the Administrator to
    promulgate regulations providing
    guidelines for effluent limitations setting
    forth the degree of effluent reduction
    attainable through the application of
    BPT and BAT. Moreover, sections 304{c)
    and 308 of the Act required
      promulgation of regulations for NSPS,
      and sections 304(f). 307(bJ, and 307(c)
      required promulgation of regulations for
      pretreatment standards. In addition to
      these'regulations for designated industry
      categories, Section 307(aJ of the Act
      required the Administrator to
      promulgate effluent standards
      applicable to all dischargers of toxic
      pollutants. Finally, section 501(a) of the
      Act authorized the Administrator to
      prescribe any additional regulations
      "necessary to carry out his functions"
     'under the Act.
       EPA was unable to promulgate many
     of these regulations by the dates
     contained in the Act In 1978, EPA was
     sued by several environmental groups,
     and in settlement of this lawsuit EPA
     and the plaintiffs executed a
     "Settlement Agreement" which was
     approved by the Court This Agreement
     required EPA to develop a program and
     adhere to a schedule for promulgating
     for 21 major industries BAT effluent
     limitations guidelines, pretreatment
     standards, and new source performance
     standards for 65 "priority" pollutants
     and classes of pollutants. See Natural
     Resources Defense Council.  Inc. v.
     Train. 8 ERG 2120 P J3.C. '1976],
     modified March 9.1979.
       On December 27.1977. the President
     signed into law the Clean Water Act of
     1977. Although this law makes several
     important changes in the federal water
     pollution control program, its most
     significant feature is its incorporation
     into the Act of several of the basic
     elements of the Settlement Agreement
     program for toxic pollution control.
     Sections 301(b](2)(A) and 301(b)(2}(C) of
     the Act now require the achievement by
     July 1.1984. of effluent limitations
     requiring application of BAT for "toxic"
     pollutants, including the 55 "priority"
     pollutants and classes of pollutants
     which Congress declared "toxic" under
     Section 307(a) of the Act Likewise.
     EPA's programs for new source
     performance standards and
     pretreatment standards are now aimed
     principally at toxic pollutant controls..
     Moreover, to strengthen the toxics
     control program. Congress added
     section 304(e) to  the Act authorizing the
     Administrator to prescribe "best
     management practices" (BMPsJ to
     prevent the release of toxic and
     hazardous pollutants from plant site
     runoff, spillage or leaks, sludge or waste
     disposal, and drainage from raw
     material storage associated with, or
     ancillary to, the manufacturing or
     treatment process.
      In keeping with its emphasis on toxic
    pollutants, the Clean Water Act of 1977
     also revised the control program for
      non-toxic pollutants. Instead of BAT for
      "conventional" pollutants identified
      under section 304(a)(4) (including
      biological oxygen demand, suspended
      solids, fecal colifonn and pH), the new-
      section 301(b)(2)(E) requires
      achievement by July 1,1984, of "effluent
      limitations requiring the application of
      the best conventional pollutant control
      technology" (BCT). The factors
      considered in assessing BCT for an
      industry include the costs of attaining a
      reduction in effluents and (he effluent
      reduction benefits derived compared to
      the costs and effluent reduction benefits
      from the discharge of publicly owned
      treatment works (Section 304(b)(4)(B)].
      For non-toxic, nonconventional
      pollutants, sections 301(b)(2)(A) and
      (b)(2)(F) require achievement of BAT"
      effluent limitations within three years
      after their establishment or July 1.1984,
      whichever is later,  but not later than
     July 11987.
       The purpose of these proposed
     regulations is to provide effluent
     limitations guidelines for BAT and BCT.
     and to establish NSPS, pretreatment
     standards for existing sources (PSES),
     and pretreatment standards for new
     sources (PSNS), under Sections 301, 304.
     308. 307, and 501 of the Clean Water
     Act
       (b) Prior EPA Regulations. EPA
     promulgated BPT, BAT, NSPS, and PSN
     for the Petroleum Refining point source*
     category on May 9,1974 (39 FR 18560,
     Subparts A-E). The BPT. BAT, and
     NSPS regulations were challanged in the
     courts by the American Petroleum
     Institute and others. Both BPT and NSPS
     were upheld by the  court, but BAT was
     remanded for further consideration.
     Interim final PSES were promulgated on
     March 23.1977 (42 FR 15884) in response
     to the Settlement Agreement.
      The regulations proposed in this
     notice will supersede existing NSPS.
     PSNS and PSES. These proposed
     regulations will also establish BAT and
     BCT.
      (c) Overview of the Industry. The
     petroleum refining industry is defined by
     Bureau of the Census Standard
     Industrial Classification (SIC) 2911. Tha
     raw material of this  industry is
     petroleum material (generally, but not
     always, crude oil). Petroleum refineries
     process this raw material into a wide
     variety of petroleum products, including
     gasoline, fuel oil. jet fuel, heating oils
     and gases and petrochemicals. Refining
    includes a wide variety of physical
    separation and chemical reaction
    processes. The Development Document
    lists over one hundred processes used r
    the petroleum refining industry. Becau
    of the diversity and complexity of the
    processes used and the products
                                                         166
    

    -------
     75928	Federal Register / Vol.  44. No. 247 /  Friday.  December 21. 1979 /  Proposed Rules
        Huced. petroleum refineries are
          •ally characterized by the quantity
          MT matenal processed, rather than
     oy the quantity and types of products
     produced.
       EPA has identified 285 petroleum
     refineries in the United States and its
     possessions. The smallest refinery can
     refine fifty barrels of oil per day (one
     barrel equal 42 gallons), while the
     largest can refine 665.000 barrels per
     day.
       The U.S. refining industry processes a
     total of about 15 million barrels per day.
     However, industry growth has slowed in
     recent years due to a number of factors
     including efforts to conserve petroleum
     supplies and competition from foreign
     suppliers. Growth has averaged about
    •five percent per year and has resulted
     largely from additions to existing
     refineries rather than by construction of
     new ones. Largely because of
     encouragement from the Department of
     Energy's crude oil allocation program, a
     limited number of small, new refineries
     have been constructed. The ratio of
     growth in U.S. refining capacity by
     additions to existing refineries to the
     growth by construction of new refineries
     has been approximately 3.5 to 1.
      'The major sources of process
     "—4tewater are cooling water, water
         'to wash unwanted materials from a
          /ss stream, water used as part of a
     i^ction process, and boiler blowdowns.
     Current treatment systems used by
     refineries for this process waste water
     include (a) in-plant controls of ammonia
     and water use, and (b) end-of-pipe
     treatment consisting of oil/water
     separators, biological treatment and. in
     some cases, mixed media filtration.
     Although significant concentrations of
     toxic and other pollutants are found in
     untreated waste, data show that
     application of BPT results in substantial
     reduction of pollutants. Toxic pollutants
     were reduced to near or below the
     concentrations which can be accurately
     measured using available measurement
     techniques.
    
     HI. Scope of This Rulemaking and
     Summary of Methodology
      These proposed regulations open a
     new chapter in water pollution control
     requirements for the petroleum refining
     industry. In EPA's 1973-1976 round of
     rulemakings.  emphasis was placed on
     the achievement of best practicable
     technology (BPT) by July 1.1977. In
     general, this technology level
     represented the average of the best
     p---ting performances of well known
          ilogies for control of  pollutants of
          onal concern.
         this round of rulemaking, in
     contrast, EPA's efforts are  directed
     toward insuring the achievement by July
     1.1984. of the best available technology
     economically achieveable (BAT), which
     will result in reasonable further progress
     toward the national goal of eliminating
     the discharge of all pollutants. In
     general, this technology level represents.
     at a minimum, the very best
     economically achievable performance in
     any industrial category or subcategory.
     Moreover, as a result of the Clean Water
     Act of 1977. the emphasis of EPA's
     program has shifted from "classical"
     pollutants to the control of a lengthy list
     of toxic substances.
      In the 1977 legislation. Congress
     recognized that it was dealing with
     areas of scientific uncertainty when it
     declared the 65 "priority" pollutants and
     classes of pollutants "toxic" under
     section 307(a] of the Act. The "priority"
     pollutants have been relatively
     unknown outside of the scientific
     community, and those engaged in
     wastewater sampling and control have
     had little experience dealing with these
     pollutans. Additionally, these pollutants
     ofter appear and have toxic effects at
     concentrations which severly tax
     current analytical techniques. Even
     though Congress was aware of the state-
     of-the-art difficulties and expense of
     "topics" control and detection, it
     directed EPA to act quickly and
     decisively to detect, measure and
     regulate these substances. Thus, with
     the passage  of the 1977 legislation, the
     Nation's water pollution control
     program was thrust toward the frontiers
     of science.
      EPA's implementation of the Act
     required a complex development
     program described in this section and
     succeding sections of this notice.
     Initially, because in many cases no
     public or private agency had done so.
     EPA and its  laboratories and
     consultants had to develop analytical
     methods for toxic pollutant detection
     and measurement, which are discussed
     under Sampling and Analytical program.
     EPA then gathered  technical and
     financial data  about the industry, which
     are summarized under Data Gathering  •
     Efforts. With these  data in hand, the
     Agency proceeded  to develop  these
     proposed regulations.
      First. EPA studied the petroleum
    renning industry to determine  whether
    differences in raw materials, final
    products, manufacturing processes,
    equipment, age and size of plants, water
    usage, wastewater constituents, or other
    factors required the development of
    separate effluent limitations and
    standards for different segments of the
    industry. This study included the
    identification of raw waste and treated
     effluent characteristics including: (1) the
     sources and volume of water used, the
     processes employed, and the sources of
     pollutants and wastewaters in the plant,
     and (2) the constituents of wastewaters,
     including toxic pollutants. EPA then
     identified the constituents of
     wastewaters which should be
     considered for effluent limitations
     guidelines and standards of
     performance.
       Next. EPA identified several distinct
     control and treatment  technologies.
     including both in-plant and end-of-
     process technologies, which are in use
     or capable of being used in the
     petroleum refining industry. The Agency
     compiled and analyzed historical  data
     and newly generated data on the
     effluent qualityresulUng from the
     application of these technologies.  The
     long term performance and operational
     limitations of each of the treatment and
     control technologies were also
     identified. In addition.  EPA considered
     the nonwater quality environmental
     impacts of these technologies, including
     impacts on air quality,  solid waste
     generation, and energy requirements.
       The Agency then estimated the costs
     of each control and treatment
     technology from-unit cost curves
     developed by standard engineering
     analysis as applied to petroleum refining
     wastewater characteristics. EPA derived
     treatment process costs from plant
     characteristics (production and flow)
     applied to each treatment process  unit
     cost curve (i.e.. powdered activated
     carbon, metals precipitation, etc.). These
     unit process costs were added to yield
     total cost at each treatment level. The
     Agency evaluated the economic impacts
     of these costs. (Costs and economic
     impacts are discussed in detail under
     the various technology  options, and in
     the section of this notice entitled Costs.
     Effluent Reduction Benefits and
     Economic Impacts).
       Upon consideration of these factors
     EPA identified various control and
     treatment technologies  as BCT. BAT.
     PSES. PSNS. and NSPS. The proposed
     regulations, however, do not require the
     installation of any particular technology.
     Rather, they require achievement of
     effluent limitations representative of the
     proper operation of these technologies
     or equivalent technologies.
      The effluent limitations for BAT, BCT
     and NSPS are expressed as mass
     limitations (kg/1000 cubic meters raw
     material) and are calculated by
     multiplying three figures: (1) achievable
     long term effluent concentrations based
    on each control technology (2)
    achievable wastewater  flow and (3)
    variability factors to account for short
     term variations in effluent
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                                                                           75929
     concentrations (daily and monthly
     variations). This basic calculation was
     performed for each regulated pollutant
     or pollutant parameter. Effluent
     limitations for PSES and PSNS are
     expressed as allowable concentrations
     in milligrams per liter (mg/l). For
     POTWs which may wish to impose
     mass limitations, the proposed
     regulations provide alternate equivalent
     mass limitations.
     IV. Sampling and Analytical Program
       As Congress recognized in enacting
     the Clean Water Act of 1977, the state-
     of-the-art ability to monitor and detect
     toxic pollutants is limited. Most of the
     toxic pollutants were relatively
     unknown until only a few years ago. and
     only on rare occasions, has EPA
     regulated or has industry monitored or
     even, developed methods to monitor for
     these pollutants. As a result analytical
     methods for many toxic pollutants.
     under Section 304(h) of the Act. have not
     yet been promulgated. Moreover, state-
     of-the-art techniques  involve the use of
     highly expensive, sophisticated
     equipment, with costs ranging as high as
     $200,000 per unit of equipment
       When faced with these problems. EPA
     scientists, including staff of the
     Environmental Research Laboratory in
     Athens. Georgia and staff of the
     Environmental Monitoring and Support
     Laboratory in Cincinnati. Ohio
     conducted a literature search and
     initiated a laboratory program to
     develop analytical protocols. The
     analytical techniques used in this
     rulemaking were developed
     concurrently with the development of
     general sampling and analytical
     protocols and were incorporated into
     the protocols ultimately adopted for the
     study of other industrial categories. See
     Sampling and Analysis Procedures for
     Screening of Industrial Effluents for
     Priority Pollutants, revised April 1977.
      Because section 304(h) methods were
     available for most toxic metals.
     pesticides, cyanide and phenol, the
     analytical effort focused on developing
     methods for sampling and analyses of
     organic toxic pollutants. The three basic
     analytical approaches considered by
     EPA were infra-red spectroscopy. gas
     chromatography (GC) with multiple
     detectors, and gas chromatography/
     mass spectrometry (GC/MS). In
     selecting among these alternatives, EPA
    considered their sensitivity,  laboratory
    availability, costs, applicability to
    diverse waste streams from numerous
     industries, and capability for
    implementation within the statutory and
    court-ordered time constraints of EPA's
    program. The Agency  concluded that
    infra-red spectroscopy was not
     sufficiently sensitive or specific for
     application in water. GC with multiple
     detectors was rejected because it would
     require multiple runs and be
     incompatible with program time
     constraints. Moreover, because this
     method would use several detectors,
     each applicable to a narrow range of
     substances, GC with multiple detectors
     possibly would fail to detect certain
     toxic pollutants. EPA chose GC/MS
     because it was the only available
     technique that could identify a wide
     variety of pollutants in many different
     waste streams, in the presence of
     interfering compounds, and within the
     time constraints of the program. In
     EPA's judgment. GC/MS and the other
     analytical methods for toxics used in
     this rulemaking represent the best state-
     of-the-art methods for toxic pollutant
     analyses available whea this study was
     begun.
       As the state-of-the-art began to
     mature. EPA began to refine the
     sampling and analytical protocols, and
     intends to continue this refinement to
     keep pace with technology
     advancements. Resource constraints.
     however, prevent EPA from reworking
     completed sampling and analyses to
     keep up with the evolution of analytical
     methods. As a result, the analytical
     techniques used in some rulemakings
     may differ slightly from those used in
     other rulemaking efforts. In each case.
     however, the analytical methods used
     represent the best state-of-the-art
     available for a given industry study.
     One of the goals of EPA's analytical
     program is the promulgation of
     additional section 304(h) analytical
     methods for toxic pollutants, scheduled
     to be done within calendar year 1979.
       Before proceeding to analyze
     petroleum refining wastes. EPA
     concluded that it had to define speciGc
     toxic pollutants for analyses. The list of
     65 pollutants and classes of pollutants
     potentially includes thousands of
     specific pollutants: and the expenditure
     of resources in government and private
     laboratones would be overwhelming if
     analyses were attempted for all of these
     pollutants. Therefore, in order to make
     the task more manageable, EPA selected
     129 specific toxic pollutants for study in
     this rulemaking and other industry
     rulemakings. The criteria for selection of
     these 129 pollutants included frequency
     of occurrence in water, chemical
     stability and structure, amount of
     chemical produced, availability of
    chemical standards for measurement;
     and other factors.
      EPA ascertained the presence and
    magnitude of the 129 specific toxic
    pollutants in petroleum refining
     wastewaters in a sampling and analysis
     program involving 23 refineries and tv
     POTWs. The plants were selected
     primarily to be representative of the
     manufacturing processes, the prevalent
     mix of production among plants, and the
     current treatment technology in the
     industry. Compliance with BPT
     requirement is also one of the site
     selection cnteria. Seventeen of these
     plants were direct dischargers and six
     were indirect dischargers.
       The primary objective of the field
     sampling program was to obtain
     composite samples of wastewater to.
     determine presence, absence and!
     relative concentrations of toxic
     pollutants. Sampling visits were made ta
     correspond to three consecutive days of> •
     plant operation. Raw wastewater
     samples were taken prior to biological
     treatment. Treated effluent samples
     were taken subsequent to biological
     treatment; in some instances sampler
     were taken after effluent polishing (i.e..
     polishing pond, sand filter]. EPA also
     sampled intake water to determine the
     presence of toxic pollutants pnor to
     contamination by refining processes.
       In all instances, grab samples taken
     every two hours were combined into
     twenty-four hour composites. Samples
     for conventional and nonconvenaonal
     pollutants were obtained from the 24-
     hour composite samples. Aliquots fro
     the remaining sample volumes were
     combined in equal portions at the
     laboratory to obtain the 72-hour
     composites for toxic pollutant analysis
     (and and base-neutral extractable
     orgamcs, pesticides, metals). Grab
     samples were taken in specially
     prepared vials for volatile (purgeable)
     orgamcs. total phenols and cyanide.
     Pnor to the plant visits, sample
     containers were carefully washed and
     prepared by specific methods,
     depending upon the type of sample to be
     taken. Samples were kept on ice pnor to
     express shipment in insulated
     containers.
      The analyses for toxic pollutants were
     performed according to groups of
     chemicals and associated analytical
     schemes. Organic toxic pollutants
     included volatile (purgeable), base-
     neutral and acid (extractable)
     pollutants, total phenols and pesticidesr-
     Inorganic toxic pollutants included
     heavy metals, cyanide and asbestos..
      The primary method used in screening
     and verification of the volatiles, base-
     neutral, and acid organics was gas
     chromatography with confirmation and
     quantification of all priority pollutants
    by mass spectrometry (GC/MS). Tot?'
    phenols were analyzed by the 4-AA
    method. GC was employed for analyt.
    of pesticides with limited MS
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     75930
    Federal  Register / Vol. 44.  No. 247  /  Friday. December 21.  1979 / Proposed  Rules
        Inflation. The Agency analyzed the
          heavy metals by atomic adsorption
        .trometry (AAS). with flame or
     graphite furnace atomization following
     appropriate digestion of the sample.
     Duplicate samples were analyzed using
     plasma emission spectrometry after
     appropriate digestion. Samples were
     analyzed for cyanides by a colorimetric
     method, with sulfide previously removed
     by distillation. Analysis for asbestos
     was accomplished by microscopy and
     Gber presence reported as chrysotile
     fiber count Analyses for conventional
     pollutants (BOD5, TSS. pH. and Oil and
     Grease) and nonconventional pollutants
     (TOG and COD) were accomplished
     using "Methods for Chemical Analysis
     of Water and Wastes." (EPA 825/6-74-
     003) and amendments.     x
      The high costs, slow pace and limited
     laboratory capability for toxic pollutant
     analyses posed difficulties unique to
     EPA's experience. The cost of each
     wastewater analysis for organic toxic
     pollutants ranges between $650 and
     $1.700. excluding sampling costs (based
     upon quotations recently obtained from
     a number of analytical laboratories).
     Even with unlimited resources, however.
     time and laboratory capability would
     have posed additional constraints.
        ough efficiency has been improving,
         i this study was initiated a well-
        .ied  technician using the most
     sophisticated equipment could perform
     only one complete organic analysis in an
     eight hour work day. Moreover, when
     this rulemaking study was begun there
     were only about IS commercial
     laboratories in the United States with
     sufficient capability  to perform these
     analyses. Today there are about 50
     commercial laboratories known to EPA
     which have the capability to perform
     these analyses, and the number is
     increasing as  the demand for such
     capability also increases.
      In planning data generation for this
     rulemaking, EPA considered requiring
     dischargers to perform monitoring and
     analyses for toxic pollutants under
     Section 308 of the Act. The Agency
     refrained from using this authority in
     developing  these regulations because it
     desired to keep direct control over
     sample analyses due to the
     developmental nature of the
     methodology and the need for close
    quality control Additionally. EPA
    believed that the slow pace and limited
    laboratory capability for toxic pollutant
     analyses would have hampered a
     p"»ndatory sampling and analytical
         . Although EPA believes that the
         ible data support these regulations,
     *	Agency would have preferred a
    larger data base for some of the  toxic
                             pollutants and will continue to seek
                             additional data. EPA will periodically
                             review these regulations, as required by
                             the Act. and make any revisions
                             supported by-new data. In developing
                             these regulations, moreover. EPA has
                             taken a number of steps to deal with the
                             limits of science and available data.
                             V. Data Gathering Efforts
                               The data gathering effort is described
                             in detail in Section IV of the
                             Development Document. The effort
                             consisted of two general phases—
                             technical questionnaires sent to each of
                             the refineries and sampling and analysis
                             of wastewater streams at selected
                             refineries.
                              (a) Technical Questionnaires. The
                             purpose of the technical questionnaires
                             was to characterize the industry and
                             thus identify those factors which.
                             pursuant to section 304 of the Act, must
                             be considered in setting effluent
                             limitations based on BAT, BCT, NSPS,
                             PSES and PSNS. Questionnaires were
                             sent to 299 facilities believed to be
                             included in the petroleum refining point
                             source category. Two hundred sixty
                             completed questionnaires were
                             returned; 25  did not return completed
                             questionnaires and 14 claimed not to be
                             operating refineries.
                              In addition to the engineering data
                             needed to establish effluent limitations
                             in accordance with the Act the Agency
                             also asked the refineries for any
                             analytical data they may have collected
                             measuring the presence and quantities
                            of both traditional and toxic pollutants.
                            It also asked the refineries to identify
                            any raw materials used which could be
                            a source of toxic pollutant discharge.
                            The questions about raw materials were
                            intended to form a basis for possible
                            best management practices (BMP)
                            regulations. BMP regulations might
                            specify that alternate methods or raw
                            materials be utilized to reduce or
                            eliminate discharges of toxic pollutants
                            (for example, in the refining industry.
                            the use of organophosphate materials as
                            biocides in cooling towers could be
                            specified to replace the ones commonly
                            used which contain chromium and zinc).
                              Although data existed on the presence
                            and quantity of traditional pollutant
                            parameters, very little data existed on
                            either the presence or quantity of toxic
                            pollutants. The major exceptions were
                            the metallic toxic pollutants and
                            phenol—many of which had been
                            monitored as a result of previous water
                            pollution abatement requirements.
                              (b) Sampling and Analysis. EPA
                            selected seventeen direct discharging
                            refineries to sample for the presence and
                            concentration of toxic pollutants in
                            untreated process wastewaters and to
     sample for the efficiency of current
     treatment methods in reducing the
     quantities of these pollutants. The
     seventeen refineries represent a range of
     the factors required for consideration by
     EPA in setting effluent limitations.
     including size, location and age of
     equipment and facilities. EPA also
     selected six of the seventeen refineries
     to determine the effectiveness of
     granular activated carbon in further
     reducing amounts of toxic pollutants
     after presently used treatment but
     before discharge to waters of the United
     States. In addition, the effluent from four
     of the six plants with activated sludge
     processes were tested to determine the
     effectiveness of powdered activated
     carbon. No refineries currently use
     either of these treatments; EPA therefore
     installed the equipment to treat a
     portion of these refineries' effluent. EPA
     also took samples of the intake water
     source from all of the direct discharging
     refineries. The samples were intended to
     determine what percentage, if any, of
     the toxic pollutants in a plant's
     untreated effluent was attributable to its
     presence in the intake water. In addition
     to the 17 refineries sampled by RSKERL,
     Effluent Guidelines Division and its
     contractors, 8 refineries were sampled
     by teams from Surveillance and
     Analysis Divisions in EPA regional
     offices. These  teams sampled the
     refineries in the course of their checks of
     facilities for compliance with current
     wastewater treatment requiremens; the
     data collected was used to supplement
     other sources of information.
      EPA also selected for sampling and
     analysis six indirect discharging
     refineries and the two POTWs into
     which they discharge. One POTW  was a
     secondary plant (i.e., with biological
     treatment) and one was a primary  plant
     (i.e., without biological treatment).  The
     intent of this analysis was to determine
     the presence and concentration of toxic
     pollutants being discharged to POTWs
     by indirect discharging refineries and to
     measure the effectiveness of POTWs in
     removing these pollutants prior to their
     discharge into the waters of the United
     States. Additionally, the study involved
     sampling and analysis of the sludges
     produced by the POTWs.
      During the above described sampling
     program, replicate samples at nine  of the
     direct discharging refineries, three of the
     indirect discharging refineries, and one
     of the POTWs were given to
     representatives of the American
     Petroleum Institute and/or the company.
    These samples were analyzed
    separately by the industry and the
    results of the analyses at the nine direct
    discharging refineries have been made
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                   Federal  Register / Vol. 44. No. 247  /  Friday. December 21.  1979 / Proposed  Rules
                                                                           75931
     available to EPA by the American
     Petroleum Institute. Analyses of-the
     duplicate samples from the POTW
     sampling program have not yet been
     reported to EPA.
       (cj Results.—(1) Analytical Results.
     The analytical data obtained on the
     concentration of toxic pollutants show
     significant concentrations of these
     pollutants in untreated refinery
     wastewaters. They include, among
     others, volatile and extractable
     organics. heavy metals, and cyanide.
     Results of analyses for traditional
     pollutant parameters also confirm the
     findings of the previous study that
     significant concentrations of traditional
     pollutant parameters are found in
     untreated refinery wastes.
       During trhe sampling and analysis
     phase  of the data gathering effort. EPA
     found  that BPT treatment substantially
     reduces toxic pollutant concentrations.
     Most toxic pollutants are reduced to
     near or below the concentrations
     considered accurate for use in the
     Analytical Protocol developed by the
     Agency. Discharge of toxic pollutants
     into U.S. waters continues after BPT
     treatment however, even though at
     much reduced concentrations from that
     of untreated effluent Appendix D is a
     list of toxic pollutants which were found
     in treated effluents at more than one
     refinery in concentrations greater than
     nominal analytical detection limits and
     in concentrations greater than in the
     intake  water source. Also included in
     Appendix D  are those pollutants found
     in only one refinery but which could not
     be attributed to factors  unique to that
     refinery (See discussion of
     POLLUTANTS NOT REGULATED
     below].
      Analytical results were compared to
     those reported by the American
     Petroleum Institute (API} from the
     duplicate samples taken at nine of the 17
     refineries sampled by EPA. While the
     quantitative  concentrations measured
     by the  industry generally differed from
     those reported by EPA contract
     laboratories  (industry concentrations
     show a tendency to be higher than EPA.
     concentrations), the conclusion drawn-
     from the industry data ia (he same as
     EPA's.  Industry data confirm that
     substantial concentrations of toxic
     pollutants are discharged in untreated
     refinery wastes: that BPT treatment
     makes  substantial reductions in priority
    pollutant concentrations: and that toxic
    pollutants are still being discharged to
     the waters of the United States after
    BPT treatment.
      Results of the analyses of samples
     taken from the two. POTW3 show- that
    secondary POTWs reduce the-
    concentration of the toxic pollutants
     discharged by refineries to similar levels
     as that achieved by the BPT technology
     employed by direct discharges. This
     result is based on refineries operating at
     existing PSES levels. The analysis also
     shows that primary treatment (both the
     primary treatment phase of the
     secondary POTW and the primary
     POTW] does not significantly remove
     many of the toxics discharged by
     indirect discharging refineries. Analyses
     of POTW sludges shows that substantial
     concentrations of priority pollutants
     (heavy metals) accumulate in sludges of
     POTWs employing either primary or
     secondary treatment.
       (2) Achievable Pollutant
     Concentrations (Existing Treatment).
     EPA reevaluated the final
     concentrations of regulated pollutants
     now achieved by existing technology.
     The results of the data gathering effort
     indicate that with one exception, BPT
     technology is achieving concentrations
     comparable to those on which the
     original BPT limitations were based. The
     data also indicates, however, that plants
     are currently achieving concentrations
     of 4AAP phenol far lower than that
     assumed for BPT. Although BPT
     limitations for 4AAP.phen.ols were
     based on a concentration of 100 pg/L
     the average 4AAP phenol concentration
     in the final effluent from the seventeen
     samples refineries was 19 pg/1. The
     results ranged from "no phenol
     detected" to 84 fig/1. Without
     consideration of any variability factors
     for short term fluctuations, all of the 17
     refineries were meeting concentrations
     of 4AAP phenol less than the achievable
     concentrations assumed for BPT.
    
     VI. Industry Subcategorization
    
       In developing these regulations. EPA
     carefully evaluated characteristics of
     petroleum refineries to determine if
     Subcategorization of the industry was
     appropriate. In most industries, factors
     which affect the ability of facilities to
     achieve technology-based limitations
     vary among groups of plants. In such
     cases. EPA will establish different
     effluent limitations or standards for the
     various groups (i.e.. subcategories).
     Additionally, the establishment in the
     1977 amendments to the Act of a "coat
     reasonableness" analysis for BCT
     limitations provides another basis for
     Subcategorization. Where one group of
     plants has higher costs per  pound of
    pollutant removal, different BCT
     limitations may be established.
    Essentially, Subcategorization allows
     the Agency to more precisely fine tune
     the requirements of technology based
    limitations to the-capacity of a diverse
    industry.
       The study in support of the previous
     regulations (BPT. BAT. NSPS.and PSNS*
     concluded that only one factor of—the
     total effluent flow per unit of
     producfion—significantly affected the
     ability of the various plants in the
     industry to achieve effluent reductions.
     However, rather than establishing
     limitations for various groups of plants '
     based on their flow. EPA developed five
     mathematical models which allowed the
     Agency to predict the total effluent flow-
     of a petroleum refinery based on its size
     and process characteristics. The
     Agency, therefore, divided the industry
     into five subcategories—topping,
     cracking, petrochemical", lube and-
     integrated. Each subcategory included
     the refineries whose flow was predicted
     by one of the five models.
       In developing these regulations. EPA
     reviewed those factors, including BCT
     costs, which might warrant
     Subcategorization of the industry. Again.
     the Agency concluded that total effluent
     flow per unit of production is the only •
     factor which significantly affects a
     refinery's ability to achieve effluent
     limitations. After review of the
     previously developed mathematical
     models. EPA found that while these
     models adequately predicted effluent
     flows before application of BPT, they do
     not adequately predict current industrj
     effluent flow rates. Thus, other models
     were considered.
       In developing its flow model. EPA
     evaluated which of the petroleum
     refinery's production processes were
     most significant in predicting its total
     effluent flow. Over one hundred distinct
     processes were considered, as well as a
     considerable number of process
     groupings. Ultimately, the Agency's
     analysis identified four groups of
     process variables which form the basis
     of the proposed flow model,These are-
     crude oil capacity, cracking capacity.
     asphalt capacity and lube capacity.
     Together, these four groups represent a
     total of 49 different processes. Although
     these processes do not necessarily
     represent the largest contributions to
     total flow, EPA found that their use in
     the mathematical model generated the-
     most accurate predictions of that flow
     (See Summary of Public Participation
     section below).
      This flow model represents the core, of
     EPA regulations for the petroleum.
     refining industry and it is used in two
     important ways. First, by comparing a
     plant's actual flow to its predicted flow,
    EPA is able to determine which plants
    have higher or lower flows than the
    average for comparable plants in the
    industry. EPA has used this informatio.
    to determine the capacity of plants to
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                  Federal Register / Vot 44. No.  247 / Friday. December 21. 1979 /  Proposed Rule*         75933"
    the total effluent flow and the-
    concentration of pollutants in that flow.
    the six options considered for BAT
    include various combinations of flow
    reduction and'improved performance'of
    waste- treatment technology.
      (a) BAT options considered. (1)
    Option One—Require effluent
    limitations based on an average flow-
    reduction of 27 percent achieved through-
    greater reuse  and recycle of wastewater.
    This option would not require additional1
    end-of-pipe treatment since limitations.
    would be based upon the performance
    of BPTend-of-pfpe technology, phenol
    (4AAP) limitations, however, would be
    based on a long term achievable
    concentration of 19 p.g/1 (See discussion
    under BAT Selection and Decision
    Criteria below]. Effluent limitations on
    ammonia, sulffde. COO* and pH would
    be set at BPT  levels.
      The level of flow for this option, is
    now achieved by 50 percent of. the
    facilities Lathe industry.The.
    Development  Document contains a- fuller
    discussion of  the manner in. which
    figures, were derived. Since treatment of
    pH, ammonia, and sulfide is based on
    process changes-or La-plant controls, no.
    further reduction, from BPT levels would;
    be achieved by a reduction in final
    effluent flow. EPA does not have
    sufficient data to conclude that the
    concentration of COD in treated effluent
    remains constant as flow is reduced.
    Consequently, COD. pH. ammonia, and
    sulfide limitations, are- being- maintained
    at BPT levels. (See Summary of Public
    Participation).
      For the-165  direct discharging
    refineries affected by this regulation;
    $19.3 million, additional investment
    would be required with-an annual cost
    of $7.7 million including interest and
    depreciation.This amount* to 3:00005
    per gallon of product No closures would
    be expected*. Refining capacity and
    consumption!would remain unaffected.
      (2) Option Two*— Require effluent
    limitations, based on an average 52
    percent flow-reduction achieved through.
    greater reuse  and recycle of wastewater;.
    This option, would not require additional:
    end-of-pipe treatment since limitations
    would be based on the performance- of
    BPT end-of-pipe technology. In-plant
    side stream treatment may be required
    in' a small number of facilities to remove
    corrosive or scale forming constituents.
    Mass limitations on 4AAP phenol would
    be based on the 19 pg/1 currently
    achieved by industry. Effluent
    limitations on. ammonia, sulfide, COD
    and pH would be set at BPT levels.
      The level of flow for this option is-
    now achieved by 34 percent: of the
    industry, an average reduction of 52
    percent would be required throughout
    the industry.
      Although precise costs have not yet
    been calculated for this option. EPA has
    concluded, baaed on Us technological
    evaluation of the industry, that the costs
    for Option-Two approximate those
    projected for Option three below. For
    the 165 direct discharging refineries
    affected by this regulation. S113.0
    million additional investment would be
    required with an annual.cost of $48.7
    million including interest and
    depreciation. This amounts, to $.0002 per
    gallon of product. No closures would be-
    expected. Refining capacity  and
    consumption would remain unaffected1.
      In order to confirm its assessment of
    costs EPA intends to conduct an
    engineering field survey of the costs
    associated with Option Two. This
    survey will be completed and a report
    prepared pnor to final  promulgation of
    these regulations. EPA will publish a
    notice  in the Federal Register when the
    report  is available to the public.
    Comments on the cost  approximation for
    Option Two-are requested (see
    solicitation of Comments section below).
      (3) Option Three—Require effluent
    limitations based on a  combination of
    OPTION'. ONE flow reduction and
    improved1 end-of-pipe treatment.
    Improved end-of-pipe treatment was
    evaluated with the use of powdered
    activated carbon (PAQ. Several pilot
    studies have- demonstrated this
    technology; it has been-used at full scale
    by one plant in the industry. This
    combination of treatment produces mass
    limitations equivalent to those produced
    by flow reduction alone under Option
    Two;
      For the 165 direct discharging
    refineries affected-by this  regulation.
    $113.0 million additional investment
    would  be required with an annual cost
    of S48.7 million including: interest and
    depreciation. This amounts to S.0002 per
    gallon of product. No closures would be
    expected Refining capacity, and
    consumption would remain unaffected
      (4) Option Four.— Require  mass
    limitations based on Option  Two plus
    segregation and separate treatment of
    cooling tower blowdown. Cooling tower
    blowdown would be treated for metals
    (reduction of hexavafent chromium- to
    bivalent chromium. pH adjustment.
    precipitation and clarification).
    Limitations for other process streams
    would  be based on treatment in existing .
    BPT treatment systems.
      Treatment of segregated streams may
    result in the removal of more toxics than
    would use of biological treatment on a
    combined, more dilute, waste-stream.
    Potential contamination of biological
    sludges by cooling tower biocides
     (generally containing chromium and
     zinc) would be reduced. Removal- of
     organic toxic pollutants in the-biologies
     treatment system may be increased
     since the wastewaterwould not be
     diluted with-cooling-tower water prior to*
     treatment.
      EPA has not made a detailed cost
     analysis for this option.  While the cost
     of metals treatment can  be estimated..
     the cost of segregating cooling tower
     blowdown from other process- streams
     cannot be estimated with.available-
     data. The engineering-survey, described!
     above (See Option 2) will' also be used
     to collect data on the technical
     requirements and cost of cooling, water
     segregation.
      (5) Option Five—Require effluent
     limitations based on Option One flow-
     reductions plus the addition of granular
     activated carbon (GAC) to control-
     residual toxic organic pollutants
     dissolved' in the wastewater. discharged
     from Option 1 technology.
      While GAC is not a demonstrated
     technology in the petroleum refining
     industry, it has been used in other
     industries and in treating municipal
     water supplies. EPA conducted pilot
     "treatability" tests at six refineries'
     during the data gathering effort. Several.
     technical articles have been published
     comparing GAC with other technologic?
     in treating refinery-wastes. Although.
     results of the Agency study were
     inconclusive, itcan.be generally stated
     that toxic pollutant removal increases
     with the use of GAC This removal.
     however, appears to be only- marginally
     better than with PAC (Option Two] and
     the cost of GAC is much greater than
     PAC
      EPA evaluated.the economic impact
     of this option during the  previous round
     of guidelines (See Prior EPA Regulations*
     discussion above). While EPA did not
     reevaluate the economic impact of this
     option, the earlier economic impact
     analysis-predicted that some refineries
     could be expected to close1 if. this option>
     were adopted
      (6) Option Six—Require zero
     discharge from existing refineries. This
     could be achieved by further reuse and1
    recycle, evaporation, and/or subsurface-
     reinjection of wastewaters. Fifty-five
     existing refineries are-now at zero
    discharge1.
      This is a demonstrated technology.
    but costs were not calculated for this-
    option. While additional  costs for
    building a new refinery to achieve zero
    discharge can be calculated (See New
    Source Performance Standards below],
    the  costs of retrofitting an existing
    refinery are highly site specific. Costs;
    however, would be significantly higher
                                                           172
    

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      75934	Federal  Register / Vol. 44. No. 247 / Friday. December 21. 1979  /  Proposed Rules
      >u«n costs for applying any of the other
          ins.
          ) BAT Selection and decision
      <~,teria—EPA. has selected Option Two
      as the basis for proposed effluent
      limitations. This option was selected
      because it was best supported by
      available data and because it affords
      further reduction in total pollutant
      discharges through the use of proven
      technology. It provides reasonable
      further progress towards the Clean
      Water Act's goal of the elimination of
      the discharge of pollutants. Further.
      these limitations are also
      technologically and economically
     . achievable through the use of Option
      Three. Thus,  all facilities have several
      ways to achieve this limitation. They
      may meet it totally through flow
      reduction or through a combination of
      flow reduction and improved treatment
        Available data show that existing
      treatment is reducing the concentration
      of 4AAP phenols to 19 jig/1 (See data
      gathering effort section above].
      Consequently mass limitations on
      phenols will be based on that
      achievable concentration. In order to
      validate this decision. EPA is presently
      requesting, under section 308 of the Act,
      that 37 refineries believed to have
      '"stalled BPT model technology send
         • to EPA for further evaluation of -
         t constitutes a  proper achievable
        .icentration of 4AAP phenols based
     on BPT treatment technology. That data
     will also allow EPA to make a
     determination of whether the variability
     factors used to determine daily and
     monthly fluctuations should be changed
    • as a result of  the lower concentrations.
     Mass limitations on all other pollutants
     are based on  those final concentrations
     already part of the  BPT limitations.
       EPA does not have complete data on
     the cost of achieving these  limitations
    • solely through the use of flow reduction
     and requests comments on this matter.
     Further. EPA specifically requests
     comments and data regarding the
     proposed change in the achievable
     concentration-of 4AAP phenol (see
     Solicitation of Comments section
     below).
       Option Four still remains a serious
     candidate for  the basis of final
     regulations. EPA  has data establishing
     that greater quantities of metals and
     toxic organics can be removed when
     introduced into separate treatment
     systems at higher concentrations. EPA
     has only limited data on the costs
     required to segregate flows from cooling
     towers. This matter is presently under
        'y and comments are requested.
        jtion Five was not selected because
        .0 allows only slightly better
     pollutant removal than PAC (Option
     Three] and because the cost of GAG is
     considerably higher than the cost of
     PAC.
       Option Six was not selected because.
     in the Agency's judgment, the costs of
     retrofitting for zero discharge on a
     uniform national basis would be
     significantly higher than the selected
     option and may result in a substantial
     number of plant closures. Nevertheless.
     this option still remains a serious
     candidate for-any subsequent revisions
     of BAT limitations, especially for certain
     sizes and/or types of plants.
    
     IX. BCT Effluent Limitations
       The 1977 amendments added section
     301(b)(4)(E] to the Act. establishing
     "best conventional  pollutant control
     technology" (BCT] for discharges of
     conventional pollutants from existing
     industrial point sources. Conventional
     pollutants are those defined in section
     304(b){4)—BOD. TSS. fecal coliform and
     pH—and any additional pollutants
     defined by the Administrator as
     "conventional." On July 30.1978. EPA
     designated oil and grease as a
     conventional pollutant  (44 FR 44501].
       BCT is not an additional limitation:
     rather it replaces BAT for the control of
     conventional pollutants. BCT requires
     that limitations for conventional
     pollutants be assessed in light of a new
     "cost-reasonableness" test which
     involves a comparison of the cost and
     level of reduction of conventional
     pollutants from the discharge of publicly
     owned treatment  works (POTW)  to the
     cost and level of reduction of such
     pollutants from a  class or category of
     industrial sources. As a part of its
     review of BAT for certain "secondary"
     industries, the Agency has promulgated
     a methodology for this cost test. (See 44
     FR 50732. Aug. 29.1979). The Agency
     compares industry costs with that of an
     "average" POTW with a flow of 2 mgd
     and costs (1977 dollars) of Sl.18 per
     pound of pollutant removal (BOO and
     TSS).
      EPA applied this methodology to the
     costs for removing conventional
     pollutants in the petroleum refining
     industry and concluded that BCT
     limitations based on a 52 percent
     reduction in total effluent flow by
     greater recycle and reuse of
     wastewaters (Option Two] or a 52
     percent reduction  in pollutants
     discharged by a combination of flow
     reduction and powdered activated
     carbon enhancement of activated
     sludges (Option Three) are reasonable.
    At this level, the total annualized  cost
    for BCT technology is S48.7 million and
    EPA projects that 48.7 million pounds of
    BOO and TSS will be removed
    throughout the industry  by Option Two
     technology. Based on these figures, the
     cost to pollutant reduction ratio for
     Option Two is Sl.OO per pound of BOD
     and TSS removed (compared to a
     POTW cost of Sl.18 per pound of BOD
     and TSS). Therefore* EPA proposes; BCT
     effluent limitations at the proposed BAT
     (Option Two) level. BCT investment.
     annualized costs, and economic impact
     are included in the  BAT analyses.
    
     X. New  Source Performance Standards
     (NSPS)
       The basis for new source performance
     standards (NSPS) under section 308 of
     the Act is the best available
     demonstrated technology. New plants
     have the opportunity to design the best
     and most efficient petroleum refining
     processes and  wastewater treatment
     technologies; Congress, therefore.
     directed EPA to consider the best
     demonstrated process changes, in-plant
     controls, and end-of-pipe treatment
     technologies capable of reducing
     pollution to the maximum extent
     feasible.
       (a) NSPS Options Considered. (1)
     Option One—Require performance
     standards based on the same technology
     proposed for BAT. including wastewater
     flow control by recycle and reuse of
     wastewaters after BPT treatment. As
     discussed under BAT Option Two.
     application of this technology will
     ensure a high degree of removal of toxic
     pollutants. Similar reductions in
     pollutant mass  discharge can be
     achieved by BAT Option Three. This
     level of treatment is similar to current
     NSPS, and no additional expenditures
     are required due to these revised
     standards.
       (2) Option Two—Require performance
     standards based on  grandular activated
     carbon (BAT Option Five). As discussed
     under BAT Option Five. GAG allows
     somewhat better pollutant removals
     than NSPS Option One. but is
     considerably more expensive.
       (3) Option Three—Require a
     performance standard of zero discharge.
     Unlike BAT Option Six. there is no cost
     of retrofitting to come into compliance
     with a zero discharge requirement. Zero
     discharge of refinery wastes is a
     demonstrated technology: fifty-five
     refineries have been identified by EPA
     which are currently achieving no
     discharge of wastewaters to U.S. waters.
    The American Petroleum Institute (API)
     has published a technical report which
     makes a detailed evaluation of the
     technologies capable of achieving no
    discharge of refinery wastes. The report
    also calculates the costs to be expected
    if those technologies were designed  into
    a new refinery (i.e.. without the need to
    retrofit existing  equipment). This option •
                                                                 173
    

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                    Federal Register /  Vol.  44. No. 247 / Friday.  December 21, 1979  / Proposed Rules         75935:
      would require new source of the size
      and configuration- likely to be built in the
      1980*9 to incur additional investment of
      S9.5 million with an annual cost of S3.5
      million including interest and
      depreciation. If a level of pnce
      protection-is instituted that maintains.
      industry capacity at current levels, these
      regulations will essentially have no
      effect1, since newrefineries will not be
      entering the industry in the foreseeable
      future. If a level of price protection is
      instituted that allows for growth in
      refinery capacity proportional to growth
      in consumption, the cost of compliance
      of $.001 a gallon will be reflected in
      higher product prices of the same
      amount
       (b) NSPS Selection and Decision
      Catena—EPA has selected Option
      Three as the basis for proposed new
      source performance standards. Zero
      discharge ia a demonstrated technology
      in the: petroleum, refining industry and,
      based on available data, can be
      economically achieved. Consequently.
      EPA believes  that the-Act requires that
      Option Three  be the basis for NSPS.
      EPA, however; solicits other data- which
      would supporter refute the assumption
      that zero discharge is an achievable-
      technology foe new sources on a
      nationwide basis. Additionally,  EPA
      solicits comments on the other options
      suggested. (See solicitation of comments
     section below.)
     XL Prairaatment Standards
       Section 307(b] of the Act requires EPA
     to promulgate pretreatment standards
     for both existing sources (PSES) and
     new sources (PSNS) of pollution which
     discharge their wastes- into publicly
     owned treatment works (POTWs).
     These pretreatment standards are
     designed to prevent the discharge of
     pollutants which pass through, interfere
    • with, or are otherwise incompatible with
     the operation of POTWs. In addition, the
     Clean Water Act of 1977 adds a  new
     dimension to these standards by
     requiring pretreatment of pollutants.
     such as heavy metals, that limit POTW
     sludge management alternatives. The
     legislative history of the Act indicates
     that pretreatment standards are  to be
     technology based and, with respect to
     toxic pollutants,  analogous to BAT. The
     Agency has promulgated general
     pretreatment regulations which-
     establish a framework for the
     implementation of these statutory-
     requirements: (See 43 FR 27736. June 20.
     1978).
       A determination, of which pollutants
     may pass through or be incompatible
     with POTW operations, and thus be
     subject to pretreatment' standards.
     depends on the levef of treatment
     employed by the POTW. In general.
     more pollutants will pass through or
     interfere with a POTW employing
     primary treatment (usually physical
     separation by settling] than one which
     has installed secondary treatment
     (settling phis biological stabilization).
       Section 301(b)(l](B] of the Act
     requires most POTWs  to have installed
     secondary treatment by July 1.1977.
     There are. however, two groups of
     POTWs which have not yet met this
     requirement. One group remains subject
     to the obligation and contains POTWs
     which are scheduled to install
     secondary treatment within the next few
     years. A second group  of POTWs will be
     exempt from the requirement to install
     secondary treatment Under Section
     301(h) of the Act. POTWs which
     discharge into marine waters may,
     under certain circumstances, receive a
     waiver from this requirement EPA has
     promulgated regulations dealing with
     the issuance of section 301(h) waivers.
     (44 FR 34784. June IS. 1979).
       fa) Pretreatment Options Considered.
     (1) Option One—Establish pretreatment
     for all refineries which  requires metals
     (chromium)  removal (pH adjustment
     precipitation and clarification) and
     existing PSES controls of ammonia and
     oil and grease. Metals removal would be
     required only for cooling tower
     blowdown. since that is the major
     source of the heavy metals of concern—
     chromium and zinc. Under this option,
     organic priority pollutants would pass
     through primary POTWs which have not
     yet complied with Section 301(b)(l)(B) of
     the Act and  those POTWs which are
     granted waivers under Section 301 (h).
      For the 53 indirect discharging
     refineries affected by this regulation S9.6-
     million additional investment would be-
     required with annual costs of $5-2
     million including interest and
     depreciation. No closures would be
     expected. A new indirect discharging
     refinery of the size and  configuration
     likely to be built in the I960'a would
     incur additional investment of $0.3
     million with  annual costs of $0.2 million.
     including interest and depreciation.
     Refining capacity and domestic
     consumption would be-unaffected by
     this regulation.
      (2) Option Two—Establish two
     pretreatment standards. Pretreatment
     for those  refineries discharging into
    POTWs which have been granted
     waivers under Section 301(h) would be
    based on concentrations achievable
    after application of BPT technology.
    Pretreatment for other indirect
    discharging refineries would contain the
    limitations identified in  Option One.
      At this  time the economic effects for
    this option, are the same as for Option
     One. since there are no POTWs which-
     have been granted waivers under
     Section 301(h). Costs were developed.
     however, for seven indirect discharging
     refineries to install biological treatment.
     These costs are presented in the
     Development Document
       (b) Selection of pretreatment
     technology and decision criteria—EPA
     has selected Option Two as the basis for.
     pretreatment standards. Based on its*
     sampling and analysis program, EPA
     has determined that pollutants found in
     petroleum refining wastes after present
     PSES treatment do  not pass through
     secondary POTWs and that only metals
     limit the POTW sludge management
     alternatives. Consequently, for metals
     only. EPA is proposing additional
     pretreatment standards for indirect
     dischargers, whose  wastes go to POTWs
     employing secondary treatment.
       The Agency additionally proposes
     that this limitation apply to those
     indirect dischargers whose wastes go to
     a primary POTW which is scheduled to.
     install secondary treatment. Although
     EPA has determined that petroleum
     refining wastes pass through primary
     POTWs. the Agency believes, that it
     woud be improper to require industrial
     sources discharging into such POTWs to
     install treatment systems which will be
     unnecessary when the POTWs come
     into compliance with the requirement of
     secondary treatment
       EPA is. however, proposing specific
     pretreatment standards based on
     application of BAT technology for those
     indirect dischargers whose wastes go to
     POTWs with 301(h] waivers. Since
     POTWs with 301(h) waivers will remain
     at primary treatment only  specific
     limitations on indirect dischargers will
     ensure that their wastes do not pass
     through into waters  of the United States,
     Such standards., however, will apply
     only where a valid 301 (h) waiver has
     been granted. Those sources discharging.
     into a POTW which has a pending
     application for a 301(h) waiver will be
     subject to the generally less stringent
     pretreatment standards, based on
     secondary treatment in the POTW until
     such time as the waiver is finally
     approved. The Agency requests
     comments on the approach, it has
     adopted for determining which
     pollutants must be regulated through
     pretreatment standards. (See
     Solicitation, of comments section below.).
     XII. Regulated Pollutants
      The basis upon which the controlled
     pollutants were selected is  set out in
     Section VI of the Development
     Document
      (a) BAT. EPA has selected two toxic
    pollutants for control of toxic discharges
                                                           174
    

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     75936
    Federal  Register / Vol. 44. No.  247 / Friday. December  21. 1979 / Proposed Rules
     in the petroleum refining industry.
         •ific effluent limitations are being
          ilished for total phenol (4AAP) and
        jmium (both total chromium and
     hexavalent chromium). These pollutants
     are subject to limitations expressed in
     kilograms per 1000 cubic meters of raw
     material.
       Pollutants which have the same
     requirement under BPT and BAT include
    ' COD. ammonia and sulfide.
       (b) BCT. The pollutants selected for
     control by BCT technology are those
     pollutants limited by BPT which have
     been classified as conventional
     pollutants—BODS. TSS. and oil and
     grease. These pollutants are subject to
     limitations expressed in kilograms per
     1000 cubic meters of raw material.
     Additionally, a BCT limitation for pH is
     set at BPT levels.
       (c) Pretreatment Standards. In
     establishing existing PSES. EPA found
     that ammonia and oil and grease
     interfere with the operation of POTWs
     at levels which may be discharged by
     indirect dischargers in the petroleum
     refining industry. Although the existing'
     PSES also contain a technology based
     limitation for chromium, this limitation
     was included only as guidance to  those
     POTWs which found it necessary or
     desirable to limit chromium. The Agency
        loses that the chromium limitation
          be adopted as a mandatory
         .eatment standard since EPA has
     tound that chromium accumulates in
     POTW sludges and wiil limit the sludge
     management alternatives of the POTW.
     The same pollutants (chromium, oil and
     grease, and ammonia) are also selected
     for control in PSNS. The pretreatment
     standards are expressed as maximum
     daily concentrations (milligrams per
     liter). Informational mass limitations are
     also provided for those POTWs which
     find it necessary or desirable to limit
     total mass discharge of pollutants.
       (d) NSPS. Since the new source
     performance standard is zero discharges
     all pollutants are regulated.
    
     Xni. Pollutants Not Regulated
       The Settlement Agreement contained
     provisions authorizing the exclusion
     from regulation, in certain instances, of
     toxic pollutants and industry
     subcategories. These provisions have
     been re-written in a Revised Settlement
     Agreement which was approved by the
     District Court for the District of
     Columbia on March 9.1979.
       It should be noted that the limitations
     in this regulation has been developed to
     cover the general case for this industry
       '"Category. In specific cases, it may be
          isary for the NPDES permitting
         jrity to establish permit limits on
     luxic pollutants which are not subject to
                             limitations in this regulation. (See
                             relationship to NPDES permits section).
                               (a) BAT Limitations. Paragraph
                             8(a](iii) of the Revised Settlement
                             Agreement allows the Administrator to
                             exclude from regulation toxic pollutants
                             not detectable by Section 304(h)
                             analytical methods or other state-of-the-
                             art methods. Data collected by EPA, the
                             American Petroleum Institute, and ~
                             individual companies were used in
                             making decisions not to regulate specific
                             toxic pollutants. Eighty-five toxic
                             pollutants were not found at any of the
                             seventeen refineries sampled. These
                             pollutants are excluded, therefore, from
                             regulation and are listed in Appendix B
                             to this notice.
                               Paragraph 8(a)(iii) of the Revised
                             Settlement Agreement also allows the
                             Administrator to exclude from
                             regulation toxic pollutants detected in
                             the effluent from a small number of
                             sources and uniquely related to those
                             sources. Appendix C lists  the 7 toxic
                             pollutants which satisfy this criterion.
                             Although certain other pollutants were
                             found in the treated effluent at only one
                             refinery, their presence in the untreated
                             effluent of a number of facilities indicate
                             that they are not uniquely related to that
                             source.
                               Paragraph 8(a)(iii) of the Revised
                             Settlement Agreement also allows the
                             Administrator to exclude from
                             regulation toxic materials  which were
                             detected but for which no  treatment
                             technology is known to the
                             Administrator that will reduce
                             discharges of the pollutant. Cyanide is
                             discharged in significant amounts by  the
                             petroleum refining industry (see Section
                             VI of the Development Document) but
                             EPA is not aware of any end-of-pipe
                             technology which will reduce cyanide
                             discharges beyond those presently
                             discharged by the petroleum refining
                             industry. Based on the available data,
                             EPA is not able to determine which
                             processes generate cyanide found in the
                             untreated waste. EPA. however, plans to
                             continue study of this problem to
                             determine whether cyanide discharges
                             can be reduced by in-plant control.
                               Paragraph 8(a)(iii] of the Revised
                             Settlement Agreement also allows the
                             Administrator to exclude from
                             regulation toxic pollutants which will be
                             effectively controlled by the technology
                             upon which are based other effluent
                             limitations. The Agency believes that
                             the technology upon which BAT effluent
                             limitations for phenol (4AAP) and
                             chromium are based will effectively
                             control the organic and metallic toxic
                             pollutants listed in Appendix D. The
                             toxic pollutants listed in Appendix D
                             are. therefore, excluded from regulation.
       (b) Pretreatment Standards. On the
     basis of sampling at six refineries which
     practice indirect discharge and two
     POTWs. the Agency concludes that the
     organic prionty pollutants listed in
     Appendix F discharged by refineries in
     compliance with existing PSES do not
     pass through or interfere with a
     secondary POTW. The Agency proposes
     in this notice to require pretreatment
     standards which limit the same
     pollutants at the same concentrations as
     interim final PSES. The pollutants
     limited under PSES  include oil and
     grease and ammonia. Additionally, EPA
     establishes a standard for total
     chromium based on interim final PSES
     guidance. As with BAT. EPA will
     continue to study methods for reducing
     the discharge of cyanides.
      This standard, however, only applies
     to those refineries which discharge into
     a POTW which is required by the Act to
     achieve effluent limitations based on
     secondary treatment. Appendix G is a
     list of those priority pollutants which
     were found to pass through POTWs
     which only apply primary treatment.
     Therefore, the Agency concludes that
     existing regulations cannot be used to
     exclude these pollutants from regulation
     when a POTW has been granted an
     exemption under section 301 (h) of the
     Act from the requirement to achieve
     effluent limitations based on secondary
     treatment. As discussed above
     (Regulated pollutants section) the
     Agency proposes to limit the  toxic
     pollutant total phenol (4AAP). As in the
     case of BAT.  the Agency believes that
     the technology upon which pretreatment
     standards for phenol (4AAP) and
     chromium are based will effectively
     control the other organics and metals
     listed in Appendix F.
     XIV. Non-Water Quality Aspects of
     Pollution Control
    
      The elimination or reduction of one
     form of pollution may aggravate other
     environmental problems. Therefore.
     sections 304(b) and 306 of the Act
     require EPA to consider the non-water
     quality environmental impacts
     (including energy requirements) of
     certain regulations. In compliance with
     these provisions, EPA has considered
     the effect of these regulations on air
    pollution, solid waste generation, and
     energy consumption. This proposal was
    circulated to and reviewed by EPA
    personnel responsible for non-water
    quality environmental programs. While
    it is difficult to balance pollution
    problems against each other and against
    energy utilization. EPA  is proposing
    regulations which it  believes best serve
    often competing national goals.
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      The following are the non-water
    quality environmental impacts
    (including energy requirements)
    associated with the proposed-
    regulations:
      Air Pollution-—Imposition of BAT.
    BCT, NSPS, and pretreatment standards
    will not create any additional air
    pollution problems.
      Solid Waste—A  study by EPA'?
    Office of. Air Quality and Standards
    shows that considerable amounts of
    solid wastes are already being
    generated by the petroleum refining
    industry. Some of this solid waste is
    generated by current wastewater
    treatment equipment, but the  majority is
    generated by other sources such as
    process sources, storage tank bottoms.
    etc. Proposed BAT  and PSES  will
    increase these wastes by as much as
    15.000 metric tons per year beyond BPT
    levels. Most of this  amount will be
    additional sludge from the use of
    powdered activated carbon, if used
    (BATOPTION THREE} as an alternative
    to some of the flow reduction in BAT
    OPTION TWO. These sludges wiO
    contain additional organic toxic
    pollutants and some additional metals.
      On the other band. EPA estimates that.
    implementation of proposed
    pretreatment standards will result in
    POTW sludges having lesser quantities
    and concentrations of toxic pollutanO.
    POTW sludges will become more
    amenable to a wider range  of disposal
    alternatives, possibly including
    beneficial use on- agricultural  lands.
      Energy Requirements—EPA estimates
    that the achievement of proposed BAT
    and BCT effluent limitations will result
    in a net increase fn electrical  energy-
    consumption of approximately 28.4
    million kilowatt-hours per year.
    Proposed pretreatment standards are
    projected to add1 another 1.9 million
    kilowatt-hours to electrical energy
    consumption for existing, indirect
    dischargers.
    XV. Costs, Effluent Reduction Benefits.
    and Economic Impact
      Executive Order 12044 require? EPA
    and other agencies  to perform
    Regulator/Analysis of certain
    regulations* 43  FR 12661 (March 23,
    1978). EPA's proposed regulations for
    implementing Executive Order 12044
    require a Regulatory Analysis for major
    significant regulations involving annual
    compliance costs of SlOO million or
    meeting other specified criteria. 43 FR
    29891 (July 11.1978). Where these
    criteria are met. the proposed
    regulations require  EPA to prepare a
    formal Regulatory Analysis, including
    an economic impact analysis  and an
    evaluation of regulatory alternatives.
    The proposed regulations for the
    petroleum refining industry do not meet
    the proposed criteria for a formal
    Regulatory Analysis. Nonetheless, this
    proposed rulemakmg satisfies- the formal
    Regulatory Analysis requirements.
      EPA's economic impact assessment is
    set forth in Economic Analysis of
    Proposed Revised Effluent Standards
    and Limitations for the Petroleum •
    Refining Industry November 1979. EPA
    440/2-79-027. This report details the
    investment and annual costs for the
    industry as a whole and for individual
    plants covered by the proposed
    petroleum refining regulations. The data
    underlying the analysis were obtained
    from the "Estimation of Costs
    Associated with the Application of BAT
    Limitations for the Petroleum Refining
    Point Source Category on a Plant-by-
    Plant Basis", March. 1979 and
    supplements, publicly available
    economic information, and data from the
    Agency survey of the industry. The
    report assesses  the impact of
    compliance costs in terms of plant
    closures, production, changes, price
    changes, employment changes, local
    community impacts, and balance of
    trade effects.
      Refined petroleum products hold«suchi
    economic importance in our society  that
    price fluctuations  tend to have serious
    consequence; as a result, the U.S.
    government stringently controls the
    industry. Some of the major economic
    controls on. the industry are crude oil
    price controls, product pnce controls.
    and price- protection from, imported
    refined products. The economic analysis
    assumes that crude oil and product price
    control? will be  essentially eliminated
    by the time these regulations require
    compliance, but considers two scenarios
    of price protection. The first scenario
    assumes a level of pnce protection for
    domestic refineries that maintains the
    current capacity. The second scenano
    assumes a level of price protection such
    that capacity increases parallel to the
    increase in total domestic consumption.
    The economic impacts-of the
    regulations, including refinery closings.
    are discussed separately for each of
    these scenarios. A more complete
    discussion of possible future scenarios
    and the selection of these two is
    presented.in the Economic Analysis.
      Refinery closures are evaluated on an
    individual refinery basis. Refineries  with
    costs of more than S.001 per gallon are
    analyzed in detail including a
    comparison of the estimated cash flow
    per unit of production with unit costs of
    complying with the regulations. If the
    refinery generates a cash flow greater
     than the unit costs of compliance, it is
     not considered a potential closure'.
      For new sources. EPA considers the
     impact of the regulations on the costs
     production of new capacity. The
     Department of Energy has predicted that
     during the penod form 1985 to 2000 most*
     of the growth, of petroleum product
     consumption will be  in gasoline.
     distillate fuels, and petrochemical-
     feedstocks. In keeping with this
     prediction, the economic analysis foe
     new sources was based on a 190,000
     barrel a day refinery with a
     configuration appropriate for
     emphasizing production of these
     products.
      Of the 285 domestic refineries; 218 are
     expected to  incur additional cost's to
     comply with these regulations. The
     investment required would be $132.2*
     million with-an annual cost of $53.9
     million including interest and
     depreciation. No refinery closures would
     be expected due to these regulations
     and  the equivalent of 610 jobs to operate
     pollution control equipment would.be
     added to current industry employment
     of 160.000. Other economic effects would
     depend on the course of public policy
     regarding refineries and are discussed1
     below.
      Scenario One—The first economic
     scenano assumes tariffs on. imported1
     goods are  set taa manner that gives L
     industry a relatively low level of
     protection from imported products. As a.
     result current refining, capacity is
     maintained and no new sources enter
     the industry. Price leves are unaffected
     by these proposed regulations, and'.the
     average pollution control cost of S.0002 a
    gallon is absorbed by the refineries.. The
     proposed regulation? would not  affect
    refining capacity, domestic
    consumption, or the balance of trade.
      1. BAT/BCT—EPA estimates that 165
    directly discharging refmenes would
    incur additional costs to meet these
    requirements. Additional investment
    would be $113.0 million with annual
    costs of S48.7 million  including interest
    and depceciation. These costs would be
    absorbed' by the refineries rather, thaa
    passed on as price increases. None, of
    the refineries would be expected, to
    close due to  these regulations and
    refinery capacity, would remain
    unchanged.
      2. PSES—Approximately 53 indirect
    discharging refinenes would incur
    additional costs to meet these
    requirements. Additional investment
    would be S9.6 million with annual costs
    of $5.2 million including interest and
    depreciation. These costs would be
    absorbed by the refineries rather thai
    passed on as price increases. None of
    these refinenes would have compliance
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     75938
    Federal  Register / Vol. 44. No. 247  / Friday. December 21. 1979  / Proposed Rules
     c»-'a of $.001 or more per gallon of
          st None of the refineries would be
          .ed to close due to the regulation
         .efinery capacity would remain
     unchanged. Since prices would be
     unaffected, domestic consumption and
     the balance of trade would also remain
     unchanged by these regulations.
       3. NSPS/PSNS—Since refinery
     capacity is held at current levels for this
     scenario, no major new capacity is
     constructed. These new source
     requirements then have no economic
     effects.
       Scenario Two—The second economic
     scenario allows for a level of industry
     price protection such that refining
     capacity grows at the same rate as
     domestic consumption. In other words.
     domestic refineries retain the same
     share of the domestic market as they do
     now. In this scenario the price level is
     set high enough to attract new refineries.
     with new source pollution control
     equipment, into the industry. These
     proposed regulations increase the cost
     of production at new refineries by S.0001
     to $.001 a gallon of product, and raise
     the industry-wide price level by the
     same amount
       1. BAT/BCT—EPA estimates IBS
     direct discharging refineries would incur
     additional costs to meet these
         -ements. Additional  investment
          be $113.0 million with an annual
         jf S48.7 million including interest
     and depreciation. None of this cost is
     absorbed by  the refineries, however.
     since the price level is set high enough
     to attract new refineries. Existing
     refineries would be in a much more
     favorable financial situation compared
     to Scenario One because of the elevated
     price levels necessary to attract new
     refineries to the industry.  No closures
     would be expected, and capacity,
     domestic consumption, and the balance
     of trade would be unchanged by these
     BAT/BCT regulations.
      2. PSES—Approximately S3 indirect
     discharging refineries would incur
     additional costs to meet these
     requirements. Additional investment
     would be S9.8 million with annual costs
     of S5.2 million including interest and
     depreciation. As with direct dischargers.
     cone of this cost is absorbed by the
     refineries. No closures would be
     expected, and capacity, domestic
     consumption, and the balance of trade
    would remain unchanged by these PSES.
      3. New Sources—In economic
    Scenario Two. refinery capacity grows
    at the same rate as domestic
    consumption, encouraged  by pnce
         ases due to higher tariffs. New
         ity brought on stream is either a
         discharge facility (since NSPS
    auows no discharge) or a facility subject
                             to PSNS. The additional costs and
                             resulting price increases are based on a
                             190.000 barrel a day refinery configured
                             to emphasize products for which
                             additional capacity is most needed. If
                             this new refinery would discharge to a
                             municipal treatment system, an
                             additional $0.3 million investment would
                             be required with annual costs of S0.2
                             million including interest and
                             depreciation. This would  amount to
                             S.0001 per gallon. Price increases would
                             be no more than S.0001 a gallon due to
                             PSNS. If this refinery is at an acceptable
                             site  from which it could not discharge to
                             a municipal treatment system, the
                             refinery would have to achieve zero
                             discharge to be in compliance with
                             NSPS. Additional investment of S9.S
                             million with annual costs of S3.S million
                             including interest and depreciation
                             would be required as compared to the
                             costs of meeting current NSPS. This
                             would amount to S.001 per gallon.
                             causing price increases of up to S0.001 a
                             gallon. Depending on sites available for
                             new refineries, prices would increase
                             from S.0001 to S.001 per gallon.
    
                             Effluent Reduction Benefits
                              EPA estimates that achievement of
                             BAT effluent limitations will remove
                             approximately 123,300 pounds per year
                             of chromium. 86.180 pounds per year of
                             phenols (total-4AAP). and substantial
                             quantities of other toxic pollutants.  EPA
                             estimates that achievement of BCT
                             effluent limitations will remove
                             approximately 48.7 million pounds per
                             year of conventional pollutants.
    
                             XVI. Best Management Practices
                              Section 304(e) of the Clean Water Act
                            authorizes the Administrator to
                            prescribe "best management practices"
                            ("BMPs"). described under Authority
                            and Background. EPA intends to
                            develop BMPs which are: (1] applicable
                            to all industrial sites; (2) applicable  to
                            an designated industrial category; and
                            (3) capable of guiding permit authorities
                            in establishing BMPs required by unique
                            circumstances at a given plant.
                              EPA  is considering promulgating
                            BMPs specific to the petroleum refining
                            industry at some time in the future. One
                            area  of concern is  the potentfal for leaks
                            and spills of toxic pollutants stored in
                            on-site facilities and not subject to
                            controls under section 311(j)(l)(c) of the
                            Act. Another process which might be
                            controlled by BMPs is cooling tower
                            blowdown. It is possible that refineries
                            could be required to monitor for
                            chromium and zinc in both cooling
                            tower blowdown and in effluent
                            discharge. In the event of persistently
                            high discharges of these compounds, the
                            permitting authority may require that
     certain refineries cease using corrosion
     inhibitors which contain zinc and
     chromium and use alternate
     organophosphate corrosion inhibitors or
     other alternates. Additionally. EPA may
     promulgate BMPs requiring dikes, curbs,
     or other measures to contain leaks and
     spills of toxic pollutants not controlled
     under section 31lG)(l)(c) of the Act
    
     XVIL Upset and Bypass Provisions
       An issue of recurrent concern has
     been whether industry guidelines should
     include provisions authorizing
     noncompliance with effluent limitations
     during periods of "upset" or "bypass."
     An upset sometimes called an
     "excursion," is unintentional
     noncompliance occurring for reasons
     beyond the reasonable control of the
     permittee. It has been argued that an
     upset provision in EPA's effluent
     limitations guidelines  is necessary
     because such upsets will inevitably
     occur due to limitations in even properly
     operated control equipment. Because
     technology-based limitations are to
     require only what technology can
     achieve, it is claimed that liability for
     such situations is improper. When
     confronted with this issue, courts have
     divided on the question of whether  an
     explicit upset or excursion exemption is
     necessary or whether upset or excursion
     exemption is necessary or whether
     upset or excursion incidents may be
     handled through EPA's exercise of
     enforcement discretion. Compare
     Marathon Oil Co. v. EPA. 564 F. 2d 1253
     (9th Cir. 1977) with Weyerhaeuser v.
     Castle, supra, and Com Refiners
     Association, et ah v. Castle. No. 78-1069
     (8th Cir., April 2.1979). See also
     American Petroleum Institute v. EPA.
     540 F. 2d 1023 (10th Cir. 1976): CPC
     International, Inc. v. Train. 540 F. 2d
     1320 (8th Cir. 1976); FMC Corp.  v. Train.
     539 F. 2d 973 (4th Cir. 1976).
      While an upset is an unintentional
     episode during which effluent limits are
     exceeded, a bypass is an act of
     intentional noncompliance during which
     waste treatment facilities are
     circumvented in emergency situations.
     Bypass provisions have, in the past.
     been included in NPDES permits.
      EPA has determined that both upset
     and bypass provisions should be
     included in NPDES permits and has
     recently promulgated NPDES regulations
    which include upset and bypass permit
    provisions 44 FR 3285. (June 7.1979). The
    upset provision establishes an upset as
    an affirmative defense  to presecution for
    violation of technology-based effluent
    limitation. The bypass provision
    authorizes bypassing to prevent loss of
    life, personal injury or severe property
    damage. Consequently,  although
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                   Federal Register / Vol. 44. No.  247 / Friday. December  21. 1979 / Proposed Rules        75939
     permittees in the petroleum refining
     industry will be entitled to upset and
     bypass provisions in NPDES permits,
     these proposed regulations do not
     address these issues.
    
     XVTII. Variances and Modifications
       Both BAT and BCT effluent
     limitations are subject to EPA's
     "fundamentally different factors"
     variance. See £ /. du Pont de Nemours
     and Co. v. Train. 430 U.S. 112 (1977);
     Weyerhaeuser Co. v. Costle, supra. This
     variance recognizes factors concerning a
     particular discharger which are
     fundamentally different from the factors
     considered in  this rulemaking. Although
     this variance clause was set forth in
     EPA's 1973-1976 industry regulations
     and will not be included in the
     petroleum refining or other industry
     regulations. See the final NPDES
     regulations at 44 FR 32SS4. 32950 (June 7.
     1979). for the text and explanation of the
     "Fundamentally different factors"
     variance. Final NPDES regulations will
     be promulgated shortly.
       Pretreatment standards for existing
     sources are subject to the
     "fundamentally different factors"
     variance and credits for pollutants
     removed by POTW's. See 40 CFR 403J.
     403.13: 43 FR 27736 (June 28,1978).
     Pretreatment standards for new sources
     are subject only  to  the credits provision
     in 40 CFR 403.7. New source
     performance standards are not subject
     to modification through EPA's
     "fundamentally different factors"
     variance or any statutory or regulatory
     modifications.  See duPont v. Train.
     supra.
    
     XIX. Relationship to NPDES Permits
      The BAT. BCT. and NSPS limitations
     in these regulations will be applied to
     individual petroleum refining plants
     through NPDES permits issued by EPA
     or approved state agencies, under
     section 402 of the Act Upon the
    promulgation of final regulations, the
    numerical effluent limitations must be
    applied  in all federal NPDES permits
    thereafter issued to petroleum refining
    direct dischargers. Permits issued by
    States with NPDES authority may
    contain more stringent limitations than
    those proposed here. In addition, on
    promulgation, the pretreatment
    limitations are  directly applicable to
    indirect  dischargers.
      The previous section discussed the
    availability of variances and
     modifications from national limitations.
     but there are other issues relating to the
     interaction of these regulations and
     NPDES permits. One matter which has
     been'Subject to different judicial views
     is the scope of NPDES permit
     proceedings in the absence of effluent
     limitations guidelines and standards.
     Under currently applicable EPA
     regulations, states and EPA Regions
     issuing NPDES permits prior to
     promulgation of these regulations must
     include a "re-opener clause." providing
     for permits to be modified to incorporate
     "toxics" regulations when they are
     promulgated. See 43 FR 221S9 (May 23.
     1978). To avoid cumbersome
     modification procedures. EPA has
     adopted a  policy of issuing short-term
     permits, with a view toward issuing
     long-term permits only after
     promulgation of these and other BAT
     regulations. The Agency has published
     rules designed to encourage states to do
     the same. See 43 FR 58060 (Dec. 11.
     1978). However, in the event that EPA
     finds it necessary to issue long term
     permits pnor to promulgation of BAT
     regulations. EPA and states will follow
     essentially the same procedures utilized
     in many cases of initial permit issuance.
     The appropriate technology levels and
     limitations will be assessed by the
     permit issuer on a case-by-case basis.
     on consideration of the statutory factors.
     See U.S. Steel Corp. v. Tram. 556 F. 2d
     822. 844. 854 (7th Cir. 1977). In these
     situations. EPA documents and draft
     documents (including these proposed
     regulations and supporting documents)
     are relevant'evidence, but not binding,
     in NPDES permit proceedings. See 44 FR
     32854 (June 7,1979).
      Another noteworthy topic is the effect
     of these regulations on the power of
     NPDES permit issuing authorities. The
     promulgation of these regulations does
     not restrict the power of any permit-
     issuing authority to act in any manner
     not inconsistent with law or these or
     any other EPA regulations, guidelines or
     policy. For example, the fact that these
     regulations do not control a particular
     pollutant does not preclude the permit
     issuer from limiting such pollutant on a
    case-by-case basis, when necessary to
    carry out the purposes of the Act. In
    addition, to the extent that state water
    quality standards or other provisions of
    state or Federal law  require limitation of
    pollutants not covered by  these
    regulations  (or require more stringent
    limitations on covered pollutants), such
     limitations must be applied by the
     permit-issuing authority.
       With respect to monitoring
     requirements,  the Agency intends to
     establish a regulation requiring
     permittees to conduct additional
     monitoring when they violate  permit
     limitations. The provisions of such
     monitoring requirements will be specific
     for each permittee and may Include
     analysis for some or all of the toxic
     pollutants or the use of biomomtoring'
     techniques. The additional monitoring is
     designed to determine the cause of the
     violation, necessary corrective
     measures, and the identity and quantity
     of toxic pollutants discharged. Each
     violation will be evaluated on a case-by-
     case basis by the permitting monitoring-
     contained in the permit is necessary. A
     more lengthy discussion of this
     requirement appears at 44 FR 34407,
     (June 14.1979).
       One additional topic that warrants
     discussion is the operation of EPA's
     NPDES enforcement program* many
     aspects of which have been considered •
     in developing these regulations. The
     Agency wishes to emphasize that
     although the Clean Water Act is a stnct
     liability statute, the initiation of-
     enforcement proceedings by EPA is
     discretionary/EPA has exercised and
     intends to exercise that discretion in a
     manner which recognizes and promotes
     good faith compliance efforts and
     conserves enforcement resources for
     those who fail to make good faith efforts
     to comply with  the Act.
     XX. Summary of Public Participation
      On April 21.1978, EPA circulated a
     draft technical development document
     to interested parties, including  the
     American Petroleum Institute (API), the
     Natural Resources Defense Council
     (NRDC). and affected state and local
     authorities. That document did not
     include recommendations for specific
     effluent limitations and pre treatment
     standards. Instead it presented the
     technical basis  for these proposed
     regulations. A public meeting was held
     on June 1.1978 for presentation and
    discussion of comments by interested
    parties. A brief  summary of major
    comments is presented below. The
    Agency received a number of comments
    relating to specific technical information
     in the Development Document.  These
    have not been summarized here but
    have been considered in revising the
    Development Document.
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     75940	Federal Register / Vol.  44. No. 247 / Friday. December 21.' 1979  /  Proposed Rules
       fi) Comment—A number of
         •apanta expressed concern about
          nited amount of data available to
        Agency for establishing BAT
     limitations and pretreatment standards.
     especially for toxic pollutants.
       Response—EPA recognizes that the
     data base for toxic pollutants is limited.
     Data limitations result from a history of
     infrequent monitoring or regulation, and
     the high costs, sophistication, time
     delays, and limited laboratory
     availability for toxic pollutant analyses.
     The Agency has sought and utilized all
     available data, except to the extent  that*
     it has not required mandatory sampling
     and analyses under Section 308 of the
     Act EPA solicits additional voluntary
     data submissions.
       (2) Comment—Reductions in flow
     have not been documented to result in
     reductions in pollutant discharge.
     particularly for Chemical Oxygen
     Demand.
       Response—As stated in the section
     Available Waste Water Control and
     Treatment Technology, the Agency has  '
     concluded that effluent concentrator!
     from a given size treatment system will
     not change as effluent flow is decreased.
     EPA has recognized that Chemical
     Oxygen Demand may be an exception
     and is not regulating COD until
         •dent information is available to
         lish the relationship between
        .ent COD concentration and flow
     reduction. A technical paper is
     referenced in the Development
     Document describing measurements
     made at one refinery which significantly
     decreased effluent flow (increased
     reuse/recycle of wastewaters]. That
     refinery reported that effluent
     concentrations of all pollutants
     remained constant after the flow
     reductions except COD. Total COD
     discharged was reduced but not in direct
     proportion to  the flow reduction.
       (3) Comment— Wastewater reduction
     and reuse may require extensive
     additional treatment before it can be
     used for some applications. In areas
     where there is a scarcity of suitable raw
     water, extensive treatment of
     wastewater for reuse may be
     economically  justified. However, there
     is a point considerably short of total
     recycle where it becomes uneconomical
     to treat wastewater for reuse.
      Response—EPA recognizes that the
     establishment of BAT and NSPS
     considers factors such as cost and that
     zero discharge while technically feasible
     (some refineries have already achieved •
     it) may require very high costs
        Ocularly retrofit costs for existing
         ries). EPA has carefully considered
        , of technology options in selecting
    BAT and NSPS technologies. Thus. EPA
     is proposing a stepwise approach
     toward higher recycle rates for existing
     refineries and zero discharge of
     pollutants only for new sources (see
     discussion under Option Two of Best
     Available Technology Economically
     Achievable and Option Three of New
     Source Performance Standards].
       (4) Comment—Numerous comments
     were received stating that the flow
     model presented in the Draft
     Development Document was invalid for
     a number of statistical and technical
     reasons. The comments also stated that
     some of the data used in the model were
     not correct
      Response—EPA has mailed to each
     refinery which responded to the original
     questionnaires a printout of important
     information which EPA used to
     characterize their refinery and has
     asked them to verify or correct  the
     information. Considerable additional
     flow modeling effort has also been
     expended with the result that a much
     improved flow model represents the
     basis for these proposed regulations.
     EPA will continue its flow modeling
     efforts, and any improvement will be
     reflected in the final regulations.
      (5) Comment—All major sources of
     wastewater are not represented as
     variables in the flow model.
      Response—The intent of the flow
     model is not to identify and quantify
     each source, or even major source, of
     wastewater in the refinery. The
     variables contained in the model are not
     necessarily the major contributors of
     wastewater (cooling tower blowdown.
     for example, although generally one of
     the largest contributors to wastewater
     flow is not a variable). The intent is to
     determine, if possible, the total refinery
     effluent flow by usinjpa number of
     process or other variables. By
     considering the variables in the model
     (49 processes in 4 groups), the model
     does predict the effluent flow within
     statistical acceptability.
      (6) Comment—Effluent limitations are
     obtained by multiplying achievable
     values of three parameters—(1)
     wastewater flow, (2) pollutant
     concentration, and (3) a variability
     factor to account for short term
     fluctuations in pollutant concentration.
    Wastewater flow rates also vary and an
     additional variability factor should be
    used to account for fluctuations  in
     wastewater flow.
      Response—Pollutant concentrations
     in final wastewater flow will vary
     somewhat even with good operation of
     the treatment system. Additional
    variability will occur in poorly operated
     treatment systems. The variability
    factors used to establish these proposed
    regulations are intended to account only
     for uncontrollable variations in pollutant
     concentrations. The Agency believes
     that where variations can be controlled
     with available technology, these sources
     of variation should be controlled. A
     large part of the variation in effluent
     flow (about 75% of the variation) is
     attributable to variations in amount of
     crude oil processed. This variation will
     be considered by the establishment of
     limitations based on the mass pollutant
     discharged per unit of crude oil
     processed (kg of pollutant/1.000 cubic
     meters of crude throughput).
       Technology is available to control  the
     remaining variation in effluent flow.
     That technology Is equalization—
     providing a large storage volume for  the
     effluent and controlling the rate of
     discharge. Equalization was considered
     as a part of BPT technology, and costs
     and economic impacts for equalization
     were calculated when BPT was
     promulgated. Based on the use of
     equalization, no variability factors were
     used for flow variations in establishing
     BPT limitations, and the Agency
     believes that none are necessary in
     these regulations if available BPT
     technology is used.
    
     XXI. Solicitation of Comments
       EPA invites  and encourages public
     participation in this rulemaking. The
     Agency asks that any deficiencies in  the
     record of this proposal be pointed to
     with specificity and that suggested
     revisions or corrections be supported by
     data.
       EPA is particularly interested in
     receiving additional comments and data
     on the following issues:
       (1) The Agency is reviewing  the
     sampling and analytical methods used
     to determine the presence and
     magnitude of toxic pollutants, and
     solicits comments on the data produced
     by these methods, and the methods
     themselves.
       (2) The Agency is considering the
     possibility of establishing numerical
     effluent limitations for toxic pollutants
     other  than phenol and chromium. The
     Agency is considering mass limitations
     for the following additional toxic
     pollutants: ethylbenzene. 50 fig/1;
     naphtalene. 50 pg/1; 2.4 dimethylphenol,
     50 fig/1: benzene. 50 pg/1; toluene. 50
     pg/1. The concentrations being
     considered are thirty day average
     concentrations. Mass limitations would
     be calculated by multiplying the
     concentrations by the achievable flow
     for the selected option. Daily maximum
     limitations would be calculated by
     multiplying the thirty day limitation by a
     variability factor to account for daily
     fluctuations in pollutant concentration.
    The technical bases for these limitations
                                                                179
    

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                    Federal  Register / Vol. 44.' No.  247 / Friday. December 21. 1979 / Proposed Rules	75941
      are presented in the development
      document. EPA requests comments on
      these limitations and their bases.
       (3) In recognition of the limits of
      available data and the expense of
      monitoring for the toxic pollutants listed
      in solicitation of comment (2) above.
      EPA is also considering the possibility
      of regulating those toxic pollutants with
      limitations on "Indicator" pollutants
      rather than or as an alternative to
      limitations on the specific toxic
      pollutants discussed above. The
      sampling and analysis data (see Data
      Gathering Efforts section above) show
      that when concentrations of certain
      traditional pollutants are reduced.
      concentrations of toxic pollutants are
      also reduced. While relationships
      between "indicator" pollutants and
      toxic pollutants may not be quantifiable
      on a one-to-one basis, control of the
      "indicator" would reasonably assure
     control of toxics with similar physical
     and chemical properties responsive to
     similar treatment mechanisms (e.g.: 2.4
     dimethyl phenol is treated by
     biodegradation and could be  controlled
     with BO05 as an "indicator"  of
     biodegradation performance). This
     method of toxics regulation could
     obviate the difficulties, high costs, and
     delays of monitoring and analysis that
     could result from limitations solely on
     the toxic pollutants. Specifically. EPA is
     considering limitations on oil  and
     grease, total suspended solids,
     biochemical oxygen demand,  and total
     organic carbon as "Indicator" pollutants.
     Limitations would be based on
     "indicator" pollutant concentrations and
     flows achievable with technologies
     identified as BAT and BAOT (See Best
     Available Technology Economically
     Achievable and New Source
     Performance Standards sections above).
     It is the Agency's position that when
     used as "indicator" pollutants. BAT
     limitations may be established for
     conventional pollutants without regard
     to the BCT cost test Moreover, when
     non-toxic, non-conventional pollutants
     (such as total organic carbon) are used •
     as "indicator" pollutants, it is  the
     Agency's position that such limitations
     are not subject to Section 301(c) or '
     Section 301 (g) modifications. EPA
     requests comments on the use of specific
     limitations on the discharge of
     "indicator" pollutants as an alternative
     to limitations on the toxic pollutants
     described above in this section.
      (4) A study by  an industry trade
     association (the American Petroleum
     Institute) (API) concludes that for new
    refineries total recycle (no discharge) is
    not only technically feasible, but may be
    economically more favorable than
      treatment for discharge to U.S. waters:
      fifty-five existing refineries already
      practice zero discharge. EPA specifically
      solicits comments and data which would
      support or refute the achievability of no
      discharge on a nationwide basis for new
      refineries. Comments on the other
      options identified for new source
      standards are also solicited.
       (5) As stated in the section Data
      Gathering Efforts, EPA found that the
      seventeen refineries sampled during the
      data gathering effort were achieving a
      significantly lower effluent
      concentration of total phenol (4AAP)
      than that assumed in establishing BPT
      limitations. Other technical studies have
      reached the same conclusion. Therefore,
      the Agency is proposing to use 19 pg/1
      as the achievable long term
      concentration  for total phenol (4AAP).
      EPA requests comments and data which
     would either verify or refute the
      assumption that a lower concentration
     of total phenol (4AAP) is achievable in
     petroleum refineries.
       (6) EPA assumes that POTWs have
     installed secondary treatment in
     deciding whether pollutants pass
     through or are  incompatible with
     POTWs. EPA makes this assumption
     regardless of whether a refinery is
     actually discharging into a POTW with
     secondary treatment The  only
     exception to'this assumption would be if
     a refinery discharges into a POTW
     which is not required by the Clean
     Water Act to achieve effluent
     limitations based on secondary
     treatment. These are refineries
     discharging into a POTW which has
     received a waiver under section 301(h)
     of the Act. (See discussion under
     Pretreatment Standards above). EPA
     solicits comments on this approach to
     selecting pollutants for control by
     pretreatment standards.
      (7) Possible underestimation of control
     technology costs was an issue raised
     during the public comment meeting and
     in written comments. In order to perform
     a meaningful comparison of EPA cost
     data and industry cost data. EPA
     requests detailed information on salient
     design and operating characteristics:
     actual installed cost (not estimates of
     replacement costs) for each unit
     treatment operation or piece of
     equipment the date of installation and
     the amount of installation labor
     provided by plant personnel: and the
     actual cost for operation and-
     maintenance, broken down into units of
     usage and cost for energy (kilowatt
     hours or equivalent), chemicals, and
     labor (work-years or equivalent).
      (8) The Agency is considering best
    management practices (BMPs) for
    specific application in this industry (see
      Best Management Practices). EPA
      requests comments on the clarity,
      specificity, and practicability of these
      BMPs. as well as information and
      suggestions concerning additional BMPs
      which may be appropriate.
        (9) EPA has obtained from the
      industry a substantial data base for the
      control and treatment technologies
      which serve as the basis for the
      proposed regulations. Plants which have-
      not submitted data, or which have
      compiled data more recent than that
      already submitted, are requested to
      forward these data to EPA. These data
      should be individual data points, not
      averages or other summary data.
      including flow, production, and all
      pollutant parameters for which analyses
      were run. Please submit any
      qualifications to  the data, such as
      descriptions of facility design, operating
      procedures, and upset problems during
      specified periods.
       (10) EPA requests that POTWs which
      receive wastewaters from petroleum
     refining plants submit data which would
     document the occurrence of interference
     with collection system and treatment
     plant operations, permit violations.
     sludge disposal difficulties, or other
     incidents attributable to the pollutants
     contained in POTW influent
      • Dated: November 27.1979.
     Douglas M. Costle,
     Administrator.
    
     Appendix A *—Abbreviations. Acronyms and.
     Other Tunis Used in this Notica
     Act—The Clean Water Act
     Agency—The U.S. Environmental Protection
      Agency.
     BAT—The best available technology
      economically achievable, under Section
      304(b)(2)(B) of the Act
     BCT—The best conventional pollutant
      control technology, under Section 304(b](4).
      of the Act
     BMP—Best management practices under
      Section 304(e) of the Act
     BPT—The best practicable control technology
      currently available, under Section 304(b)(l)
      of the Act.
     Clean Water Act—The Federal Water
      Pollution Control Act Amendments of 1972
      (33 U.S.C. 12S1 at seq.]. as amended by the
      Clean Water Act of 1977 (Pub. L. 93-217).
     Direct discharger—A facility which
      discharges or may discharge pollutants into
      waters of the United States.
     Indirect discharger—A facility which
      discharges or may discharge pollutants into.
      a publicly owned treatment works.
     NPDES permit—A National Pollutant
      Discharge Elimination System permit
      issued under section 402 of the Act.
    NSPS—New source performance standards.
      under section 306 of the Act.
    POTW—Publicly owned treatment works.
      1 Appendix A through H will not appear in the
    Code of Federal Regulations.
                                                            180
    

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     75942
    Federal  Register / Vol. 44. No.  247  / Friday. December  21.  1979 / Proposed Rules
     06CS—Pretreatmant standards for existing
         ones of indirect discharges, under
         !ctfon307(b)oftheAct
     PSNS—Pretreatment standards for new
      • sourcaa of direct discharges, under section
       307(b) and (c) of the ACL
     RCRA—Resource Conservation and
       Recovery Act (PL 94-580) of 1978.
       Amendments to Solid Waste Disposal Act
    
     Appendix B—Toxic Pollutants Not Detected
     In Treated cm..«iit« (Direct Discharge)
    
     Organia
     acrolein
     acrylonitxile
     chlorobenzene
     1.1,1-trichIoroethane
     1.1-dlchloroethane
     1.1.2-trichloroethane
     chloroelhane
     2-chloroethylvinyl ether
     chloroform
     methyl chloride
     methyl bromide
     bromofom
     trichlorofluoromethane
     dichlorodifluoromethane
     chlorodi bromome *h<*"'»
     vinyl chloride
     acenaphthene
     benzidine
     1.2,4-trichIorobenzene
     hexachlorobenzene
     hexachloroethane
     bis(cbloromethyl) ether
     M«r2-chloroethyl) ether
        'oronaphthalene
         tnchlorophenol
       .Jorophenol
     1.2-dichlorobenzene
     1.3-dichlorobenzene
     1.4-dlcfllorobeiizBne
     3J'-dichlorobenzidina
     2,4-dlnitro toluene
     2.6-dinitrotoluene
     U-dlphenylhydraztne
     4-chlorophenyl phenyt ether
     4-bromoph«nyl phenyl ether
     bis(2-chloroisopropyl) ether
     bis(2-chloroethoxy) methane
     hexachlora butadiene
     hexachlorocydopentadiene
     isophorane
     nitrobenzene
     2-nitrophenol
     2.4-nitrophenol
     4.6-dinitro-o-cresol
     N-nitrosodimetnyiamuie
     N'ttitrasodiphenyiamine
     N-nitrosodi-n-propylamine
     pen iachlorophenol
     butyl benzyl phthalate
     di-n-octyl phtbalate
     3.4-benzofluoranthene
     benzo(k) fluoranthane
     acenaphthylene
     dibenzo(aji]anthracene
     ideno(1.2J-cd]pyrene
     2.3.73-tetrochlorodibenzo-p-dioxin CTCDD)
    Pesticide*
      '•in
         rin
        dane
     ...ODT
    4.4--DDE
                                4.4-DDD
                                a-endosulfan-Alpha
                                b-endosulfan-Beta
                                endosnlfan sulfate
                                endrin
                                endrin aldehyde
                                heptachlor
                                heptachior epoxida
                                a-BHC-Alpha
                                b-BHC-Beta
                                r-BHC-Gamma
                                g-BHC-Delta
                                PCB-1242
                                PGB-1254
    
                                Others
                                asbestos (fibrous)
    
                                Appendix C—Toxic Pollutants Found in Only
                                One Refinery Effluent (at Concentrations
                                Higher Than Those  Found in the Intake
                                Water) and Which Are Uniquely Related to
                                the Refinery at Which it Was Delected (Direct
                                Discharge)
    
                                J. Orgonica
                                Carbon tetrachloride
                                l.l-dichloroethylene
                                U-dichloropropane
                                U-dlchloropropylene
                                2.4-dichlorophenol
                                di-o-butyi phthalate
                                dimethyl phthalate
    
                               Z Pesticides
                               None
    
                               IMetola
                               Nona
    
                               4.OUier»
                               None
    
                               Appendix D—Toxic Pollutants Detected in
                               Treated Effluents of Mora Than One Refinery
                               or Detected in the Treated Effluents of One
                               Refinery But Not Uniquely Related to the
                               Refinery at Which it Was Detected (Direct
                               Dlsdurge)
    
                               L Ofgoiu'ca
                               Benzene
                               1.2-dichloroethane
                               l.l.Z2-(etrachloroethana
                               parachlorometa cresol
                               1.2-trans-dichloroethylene
                               2.4-dimethylphenol
                               ethylbenzene
                               fluoranthene
                               methylene chloride
                               dichloro bromome thane
                               naphthalene
                               4-nitrophenol
                               N-nitrosodi-n-propylamine
                               bis(2-e(hylhexyl) phthalata
                               diethyl phthalate
                               benzo(a]anthracene
                               benzo(a)pyrene
                               chrysene
                               anthracene
                               benzo(ghi)perylene
                               fluorene
                               phenanthrena
                               pyrene
                               tetrachloroelhylena
                               toluene
                               trichloroethylene
     2. Metals
     antimony (total)
     arsenic (total)
     beryllium (total)
     cadmium (total)
     copper (total)
     cyanide (total)
     lead (total)
     mercury (total)
     nickel (total)
     selenium (total)
     silver
     thallium (total)
     zinc (total)
    
     AppendixE—ToxicPollutantsNot Detected
     In Discharges to POTWs (Indirect Discharge)
    
     2. Orgaiucs
     acrolein
     acrylonitrile
     carbon tetrachloride
     1.1-dlchloroe thane
     1.1.2-trichloroe thane
     1.1.2.2- tetrachloroe thane
     chloroethane
     2-chloroethylvinyl ether
     1.1-dichloroethylene
     l^-trans-dlchloroethylene
     1.2-dichloropropane
     U-dichloropropylene
     methyl chloride
     methyl bromide
     bromoform
     dlchlorobromome thane
     trichlorofluoromethane
     dichlorodifluoromethane
     chlorodibramomethane
     trichloroethylene
     vinyl chloride
     benzidine
     1.2.4-frichIorobenzena
     hexachlorobenzene
     hexachloroethane
     bis(chloromethyl) ether
     bis(2-chloroethyl) ether
     2-chloronaphthalene
     2.4.6-trichlotophenol
     parachlorometa cresol
     2-chlorophenol
     1.2-dichlorophenoI
     parachlorometa cresol
     2-chlorophenol
     1,2-dichlorobenzene
     1.3-dlchlorobenzene
     1.4-dlchiorobenzene
     3.3'*dichlorobenzidino
     2.4-dichlorophenol
     2,&-dlnitrotoluene
     fluoranthene
     4-chlorophenyl phenyl ether
    4-bromophenyl phenyl ether
     bis(2-chloroisopropyl) ether
     bis(2-chloroethoxy) methane
    hexachlorobutadiene
     hexachlorocydopentadiene
    nitrobenzene
    2-nitrophenol
    4-mtrophenol
    2.4-dinitrophenol
    4.6-dinitro-o-cresol
    N-mlrosodiphenylamine
    N-nitrosodi-n-propylamine
    bis(2-ethylhexyl) phthalata
    dimethyl phthalata
    benzo(a)pyrene
                                                                        181
    

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                     Federal Register / Vol. 44. No. 247 / Friday. December  21. 1979 / Proposed Rules
                                                                                                         75943
     3,4-benzofluoranthena
     benzo(k)fluoranthene
     acenaphthylena
     benzo(ghi)perylene
     dibenzo(a.h)anthracane
     ldeno(1.2,3-cd]pyrene             	
     U.7.8-tetrachlora-dibenzo-p-dioxin(TCDD)
    
     2. Pesticides
     dieldrin              g-BHC-Delta
     chlordana            PCB-1242
     4.4'-DDD             PCB-IZM
     a-«ndosuIfan-Alpha    PCB-1221
     b-endosulfan-Beta     PCB-1232
     endosulfan sulfata     PCB-1248
     endrin               PCB-1280
     endrin aldehyde       PCB-1018
     heptachlor           toxaphena
     4-BHC-Gamma
     3. Metals
     antimony (total)       silver (total)
     beryllium (total)       thallium (total)
     cadmium (total)
    
     4. Others (Asbestos. 4AAP Phenol)
     Not analyzed
    
     Appendix F—Toxic Pollutants Detected in
     Discharges to POTW (Indirect Discharge)
    
     1. Orgaaics
     benzene
     chlorobenzene
     1.2-dichloroethane
     1.1.1-trichloroethane
     chlorofonn
     ethylbenzene
     methylene chlnide
     tetrachloraethylene
     toluene
     acenaphthene
     2.4-dimethylphenol
     2.4-dinitortoluene
     1.2-diphenylhydrazine
     isophorona
     naphthalene
     N-nitrosodiphenylamina
     pentachlorophenol
     phenol
     butyl benzyl phthalate
     di-n-butyl phthalate
     dl-n-octyl phthalate
     diethyl phthalate
     benzo(a)anthracene
     chrysene
     anthracene
     fluorene
     phenanthrene
     pyrene
    
     Z Pesticides
     aldrin
     4.4'-DDT
     4.4--DDE
    
    3. Metals
    arsenic (total)          mercury (total)
    chromium (total)       nickel (total)
    copper (total)          selenium (total)
    lead (total)            zinc (total)
    hepatachlor epoxide
    a-BHC- Alpha
    b-BHC-Beta
                           4. Others (Asbestos. 4AAP Phenol)
                           Not analyzed
    
                           Appendix G—Toxic Pollutants Found to Pasa
                           Through POTW with Only Primary
                           Treatement (Indirect Discharge)
    
                           1. Organics
                           benzene
                           1.2-dichloroethane
                           1.1.1-trichloroethane
                           chloroform
                           ethylbenzene'
                           methylene chloride
                           tetrachloroetbylene
                           toluene
                           2.4-dimethylphenol
                           naphthalene
                           phenol
                           butyl benzyl phthalate
                           di-n-butyl-phthalate
                           dl-n-octyl phthalate
                           diethyl phthalate
    Z Pesticides
    4.4'-DDT
    4.4--DDE
    3. Metals
    arsenic (total)
    chromium (total)
    copper (total)
    lead (total)
    a-BHC- Alpha
    b-BHC-Beta
    mercury (total)
    nickel (total)
    selenium (total)
    zinc (total)
     4. Others (Asbestos. 4AAP Phenol)
     Not analyzed
    
     Appendix H
       The following derivation presents the
     development of mass limitations for phenol.
     based upon Option 2. from the flow model
     discussed in Section V.
     (1) Mass=Flow x concentration x variability
        (equation 1)
     BAT Mass a.48 x Mass (based on average
        1976 industry flow)
     (2) Flow Model (See Section IV of the
        Development Document)=0.004C +
        0.048K + 0.48(A+L) (equation 2)
     Where:
     Flow a million gallons per day/1000 barrels of
        petroleum liquid and natural gas liquids
     C=» summation of the crude oil and fed
        natural gas liquids to the atmospheric
        distillation, vacuum distillation, crude
        desalting (in units of 1.000 bbls/day)
     K a summation of the  petroleum liquids fed to
        the catalytic cracking processes (in unit
        of 1.000 bbls/day)
    Aasummation of the petroleum liquids fed to
        the asphalt processes (in units of 1.000
        bbls/day)
    (.—summation of the petroleum liquids fed to
        the lube processes (in units of 1.000 bbls/
        day)
    (3) Concentration and variability factor
      Phenol=19 ng/1 (concentration)
      1.7 (variability factor for 30 day averages)
    (4) Sample Calculation
      Mass=Flow x concentration x variability
        factor x .48=(.004C+  046 K4- .048
        (A +L]] x .019 mg/1 x 1.7 x a34 x .48
      Mass (Ibs of
        Phenol)=O.OOOSC+0.0060K+0.0062( A+
        L)
    
      Part 419 is revised to  read as set forth
    below:
      PART 419—PETROLEUM REFINING
      POINT SOURCE CATEGORY
    
      General Provisions
    
      Sec.
      419.10  Applicability.
      419.11  General Definitions.
    
      BPT Limitations
    
      Subpart A—Topping Sub-category
      419.20  Applicability; description of the
         topping subcategory.
      419.21  Effluent limitations representing the
         degree of effluent reduction attainable by
         the application of the best practicable
         control technology currently available
         (BPT).
    
     Subpart B—Cracking Subcategory
     419.30 Applicability: description of the
         cracking subcategory.
     419.31  Effluent limitations representing the
         degree of effluent reduction attainable by
         the application of the best practicable
         control technology currently available
         (BPT).
    
     Subpart C—Petrochemical Subcategory
     419.40  Applicability; description of the
         petrochemical subcategory.
     419.41  Effluent limitations representing the
         degree of effluent reduction attainable by
         the application of the best practicable
         control technology currently available
         (BPT).
    
     Subpart D—Lube Subcategory
     419.50  Applicability; description of the lube
         subcategory.
     419.51  Effluent limitations representing the
         degree of effluent reduction attainable by
         the application of the best practicable
         control technology currently available
         (BPT).
    
     Subpart E—Integrated Subcategory
     419.60  Applicability: description of the
         integrated subcategory.
     419.61  Effluent limitations representing the
         degree of effluent reduction attainable by
         the application of the best practicable
         control technology currently available
         (BPT).
    
     BAT. BCT Limitations and New Source and
     Pretreatment Standards
    
     Subpart F—Petroleum Refining Point
     Source Category
     419.70 Applicability; description of the
        petroleum refining subcategory.
     419.71  Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best available technology
        economically achievable (BAT).
    419.72  Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best conventional pollutant control
        technology (BCT).
    419.73  New source performance standards
        (NSPS).
    419.74  Pretreatment standards for new and
        existing sources.
                                                                   182
    

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     75944	Federal Register  / Vol. 44. No. 247  / Friday.  December 21. 1979 / Proposed Rules
     419.75  Pretreatment standards for facilities
        discharging into certain publicly owned
        treatment works with only primary
        treatment
       Appendix—Sample calculation of phenol
     effluent limitations for a typical refinery.
       Authority: Sections 301.304(b). (cfc (e). and
     (g). 306(b) and (c). 307(b) and (c). and 501 of
     the dean Water Act (the Federal Water
     Pollution Control Act Amendments of 1972.
     as amended by the Gean Water, Act of 1977),
     (the "Act"]: 33 United States. 1311.1314Cb),
     (cj, (e). and (g). 1316(b) and (c). 13l7(b)  and
     (c). and 1381:88 StaL 818, Pub. I~ az-&Xk 91
     StaL 1587.Pob. L. 95-217.
     General Provisions
    
     9419.10 Applicability.
       This part.applies to any petroleum
     refinery which discharges or may
     discharge pollutants to waters of the
     United States or which introduces or
     may Introduce pollutants into a publicly
     owned treatment works.
    
     J 419,11  General definitions.
       In, addition, to the definitions set forth.
     hi 40 CFR Part 401. the following,
     definitions apply to this part
       (a) The term "ballast" means  the flow.
     of waters, from a ship, which is treated
     at the refinery.
       (b) The term "feedstock"  means the
     crude oil and natural gas liquids fed to
     the topping units.
       (c) The term "once-through cooling
     water" means those waters discharged
     that are used for the purpose of heat
     removal and do not come into direct
     contact with any raw material.
     intermediate, or finished product
       (d) The term "crude throughput" or
     "C" means- the summation of the crude
     oil and natural gas liquids- fed to the
     crude processes in unit of 1.000 bbl/day
     (when using the English unit tables) or
     1.000 cubic meters/day (when, using the
     metric unit tables).
       (e) The term "crude processes'* means
     atmospheric distillation, vacuum
     distillation and crude desalting
     processes.
       (f) The term "cracking throughput" or
     "K" means the summation of the
     petroleum liquids fed to the  cracking
     processes in unit of 1.000 bbl/day (when
     using the English unit tables) or 1.000
     cubic meters/day (when, using the
     metric unit tables).
       (g) The term "cracking processes'"
     means hydrocracking, visbreaking,
     thermal cracking, fluid catalytic
     cracking and moving bed catalytic
    cracking processes.
       (h) The term "asphalt and lube
    throughput" or "AL" means  the-
    summation of the petroleum liquids fed
    to the asphalt and lube processes in unit
    of 1.000 bbl/day (when using the English
     unit tables) or 1,000 cubic meters/day
     (when using the metric unit tables).
       (i) The term "asphalt and lube
     processes" means asphalt production.
     asphalt oxidizing, asphalt emulsifying,
     hydrofining, hydrofinishing. lube
     hydrofining, white oil manufacturing,
     propane dewaxing, propane
     deasphalting, propane fractioning,.
     propane deresining. Duo Sol solvent
     treating, solvent extraction, duotreating,
     solvent dewaxing, solvent deasphalting,
     lube vacuum tower, oil fractionation.
     batch still (naphta strip], bright stack
     treating, centrifuge and chilling MEK.
     dewaxing. butane dewaxing, MEK-
     Toluene dewaxing, deoiling (wax],
     naphthenic lube production,
     SOiextraction. wax pressing, wax plant
     (with neutral separation), furfural
     extracting, clay contacting-percolation,
     wax sweating, acid treat phenol
     extraction. lube and fuel additives.
     sulfanate plant MIBFC wax slabbing,
     rust preventives, petrolatum oxidation.
     grease manufacture processes. These
     processes are described in more detail
     in Sections IV and V of the development
     document
      (j) The term "process wastewater"
     means all the wastewater from the
     refinery with exception to storm water.
     ballast water, sanitary wastewater. and
     noncontact once through cooling water.
      (k) The following abbreviations shall
     mean: (1) "bbl" means barret (one barrel
     equals 42 gallons), and (2} "R" means
     the ratio of cooling tower blowdown-
     flow to total effluent flow.
    
     BPT Limitations
    
     Subpart A—Topping Subcategoiy
    
     S 419.20  Applicability: Description of the
     topping sufacategory.
      The provisions of this subpart are
     applicable to discharges from any
     facility which produces petroleum
     products by the use of topping and
     catalytic reforming whether or not the
     facility includes any other process In
     addition to topping and catalytic
     reforming. The provisions of this subpart
     are not applicable to facilities which
     include thermal processes (coking.
     visbreaking, etc.) or catalytic cracking.
    
     S 419.21  Effluent limitations guidelines
     representing the degrea of effluent
     reduction attainable by the application of
    the. best practicable control technology
     currently available.
      (a) The following limitations establish
     the quantity or quality of pollutants or
    pollutant properties, controlled by this
    paragraph, which may be discharged by
    a point source subject to the provisions
    of this subpart after application of the
     best practicable control technology
     currently available:
    
                         EKuanf Hfnftadon§>
       enaractanstfa
                      for any
                      iday
                               vibrator 30
                             conaacudva day»
                             anaflnott
                  MttkrunRa (Uogrgmt parl.OOO m»or
     TSS—
     coo>.
    00 and
    Tout cfwofTvufii •
                       22.7
                       is a
                       117
                            163
                          2.81
                           MS
                     1ZO
                     10.1
                     603
                     17
    
                      an
                     1.27
                      068
                      .20-
    PH
                         028          .012
                    WlNn UM rang* 0.0 la 84
    
                Engfiah ints (pounds par 1.000 bbl of
    BO05-
    TSS	
         80
         SB
        4T2
         13
    
          060
          99
          053
         .122
    
         0.10
    Witrm tna range 6.0 to 0.0
                                    4.25
                                    IS
                                    J1J'
                                    1J
    
                                     oaf
                                     .45
                                     024
                                     an
      'In.any casa HI wnlcfi the applicant can demonatnila mat
    the cntanda tan cumaiiiiaBun HI me effluent exceeds 1.000
    mg/l (1.000 ppm), ma Regional Admralralor may substitute
    TOC aa a parameter n beu of COO. Effluent Imuttdona lor
    TOC anafl be basad on affluent data from ma plant correlav
    Ing TOC to BOQ5,
      If In mo judgment of ma Regional AdmnMralor. adaquala
    eorreladon data are not available, ma affluent Umluaon* for
    TOC anall be aatabnaned at a rain of 12 to-1 la ma appfcfr
    Me effluent OmtaUona on BOOS
    
      (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.
                                     £b»
    1.000 bol of feedstock par uream day:
    23.0 to 49 9_
    50.00 ID 74.9.
    75.0 to 99.9-_
    100 to 1249-
    125(01499-
    'ISO ore
                                        102
                                        1.08
                                        i.ie
                                        1.28
                                        138
                                        ISO
                                        1.37
      (2) Process factor.
      Lasa man 2.49.
      2.3 to 148_
      3.510449 _
      4.5103.49 _
      3.3 to ««•
      8.0 to *^a
      70 10 7.49
      75lo799_
      8.0 to 9.49__
      8.5 10 ««•
      9.010949
      8.3(0999
      100 to 10.49 _
      10.Stot099
      11.0 to 1 1.49
                                     083
                                     0.87
                                     107
                                     1.17
                                     1^7
                                     139
                                     IJ1
                                     164
                                     1.79
                                     1.95
                                     2.12
                                     2.31
                                     2.51
                                     2.73
                                                               183
    

    -------
                    Federal Register / Vol. 44. No.  247  /  Friday. December 21. 1979 /  Proposed  Rules
                                                                                                           75945
        115101199.
        12.010 12.40.
        12.3 to 12.99.
        13.010 11*9.
        1UM 13.99.
        1440 or gran
                           2.98
                           124
                           3.53
                           344
                           4.18
                           4J8
       (3) See the comprehensive example
     Subpart O § 419.Sl(b)(3).
       (c) The following allocations
     constitute the quantity and quality of
     pollutants or pollutant properties
     controlled by this paragraph and
     attributable to ballast which may be
     discharged after the application of best
     practicable control technology currently
     available, by a point source subject to
     the provisions of this subpart in
     addition to the discharge allowed by
     paragraph (b) of this section:
       (1) Ballast. The allocation allowed for
     ballast water flow, as kg/cu m (Ib/M
     gal], shall be based on those ballast
     waters treated at the refinery.
        Effiuant
       Mndnun     Avereot of difly
       tar my       value* tar 30
        loty       conaacuav* day*
                 anal not aioaaov^
    
    matt una (Uognna par cube mrar
              of now|
    TSS.
    Oiand
    PH	
                                        0.028
                           033           021
                           47            24
                           015           008
                      WttmM ring* 8.0 »90
    
                  Engtah unti (pound! par 1.000 gal of
            0.40           0.21
             M            17
            9.9            2.0
             120          467
        Witt* tr» range 64 to TO
       (d) 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/1.
    
    Subpart B—Cracking Subcategory
    
    9 419.30  Applicability; description of the
    cracking subcategory.
      The provisions of this subpart  are
    applicable to all discharges from any
    facility which produces petroleum
    products by the use of topping and
    cracking, whether or not the facility
    includes any process in addition to
    topping and cracking. The provisions of
    this subpart are not applicable however.
    to facilities which include the processes
    specified in Subparts C 0. or E of this
    part
     9 419J1  Effluent limitations guidelines
     representing the degree of effluent
     reduction attainable by the application of
     the best practicable control technology
     currently available (BPT).
       (a) The following limitations establish
     the quantity or quality of pollutants or
     pollutant properties, controlled by this
     paragraph, which may be discharged by
     a point source subject to the provisions
     of this subpart after application of the
     best practicable control technology
     currency available:
                                    Effluant
                                  dnncuitaao
                     Maximum
                      tor any
                      Ida*
              Average of darfy
               valuator 30
              oonaaeu** day*
              ahalnou
                                              Mane unoi (Utognra par 1.000 m« el
                                BOO5_
                                TSS-
                                              000—
                                              OBandc
    Ammoria aa N__
    Sulflda—	
    Tots! ctwonvufvi «*^v
    Haartalant
          262           15.8
          19.5           1Z8
          210           109
          8.4           4J
    
          .21            10
          184           8.5
           18           .082
          .43           JS
    
          035           .018
    Wltt*itha range 6.0 to 9.0
                                                            EngEati units (pounds par 1.000 bbl of
                                BO05-
                                TSS	
                                Oil and
                                PlMMfe
                                 compounds
                                Ammona
                                              Total cftromum_
     cnroinufli.
    PH	
          99            U
          8.9            44
          74           384
          3JO            14
    
          074           038
          88            3.8
          085           029
          .15 •          088
    
          012          0058
    VWIhm tna rang* 80 to 9.0
                                  (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 DM of teadstook par stream day:
                                  lasatnan249	
    SOOtO 749	
    75010999	
    1000 ID 124 9.
    1250101499.
    150.0 or greater
                                     Actor
                                        091
                                        09S
                                        104
                                        I 13
                                        1.23
                                        135
                                        141
                                  (2) Process factor.
                                              (3) See the comprehensive example
                                            Subpart D § 419.51(b)(3)
                                              (c) The provisions of 5 419.21(c)(l)
                                            apply to discharges of process waste
                                            water pollutants attributable to ballast
                                            water by a point source subject to the
                                            provisions of this subpart.
                                              (d) 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 a total organic carbon
                                            concentration not to exceed 5 mg/1.
    
                                            Subpart C—Petrochemical
                                            Subcategory
    
                                            9 419.40   Applicability; description of the
                                            petrochemical subcategory.
                                              The provisions of this subpart are
                                            applicable to all discharges from any
                                            facility which produces petroleum
                                            products by the use of topping, cracking
                                            and petrochemical operations, whether
                                            or not the facility includes any process
                                            in addition to topping, cracking and
                                            petrochemical operations. The
                                            provisions of this subpart shall not be
                                            applicable however, to facilities which
                                            include the processes specified in
                                            Subparts 0 or E of this part
    
                                            § 419.41   Effluent limitations guidelines
                                            representing the degree of effluent
                                            reduction attainable by the application of
                                            the best practicable control technology
                                            currently available (BPT).
                                             (a) The following limitations establish
                                            the quantity or quality of pollutant or
                                            pollutants properties, controlled by this
                                            paragraph, which may be discharged by
                                            a point source subject to the provisions
                                            of this subpart after application of the
                                           best practicable control technology
                                           currently available:
                                                                             Efftuant
                                                                           characteristic
                                                                                          for any
                                                                                           iday
                                                        Average of daily
                                                        valuaa for tMrty
                                                                                                    •nail not
                                  Las* man i49_
                                  2.5 to 3.49	
                                  34 to 4 49	
                                  4 5 10 5 49	
                                  5410599	
                                  8 Ota 8.49	
                                  65106.99	
                                  7010749	
                                  7510799	
                                  8.0 to 8.49	
                                  8510899	
                                  9409.49	
                                  94 or greater-.
                                                           Metric unftt (kilograms per 1.000 m
    -------
    75946	Federal Register / Vol.  44. No. 247 / Friday. December 21. 1979 / Proposed Rules
    Effluent flnvtaflona
    QBuant ttnanvsh Avenge of darfy
    cnanKtaratte tor any values for 30
    Idqr coiuac-modaya
    •na. not axoaod1—
    EngHan unto (pounds par 1.000 bat of
    tee-stock)
    
    
    COO 74 38,4
    OR and grease— 3. 2.1
    Phenofcr
    confounds—-, 088- JM25-
    Amnonbi aa N— _ 8-3 U
    %*•* _,_.__— 078 OSS
    Total cfranun_ .183 .107
    (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.
    m Size, factor:
    Stf
    1 jOOO bbl of faed3 par sVBBjff>4ay: Acflar
    Una Oar " ° , , . ,.i . , , . n **
    
    
    
    "••) Process factor:
    Hocm
    -•H oonfiQuciiuni v&ij*
    4m-«-B nm
    •AMSIM no.
    Utaflaa inn
    • n HI a .a 1 10
    
    
    (3) See the comprehensive example
    Subpart D § 419-51(b)(3).
    (c) The provisions of § 419.21(c](l)
    apply to discharges of process waste
    water pollutants attributable to ballast
    water by a point source subject to the
    provisions of this subpart
    (d) The quantity and quality of
    pollutants- or pollutant properties
    controlled by this paragraph.
    attributable to once-through cooling
    water, are excluded from the disclosure
    allowed by paragraph, (b) of this section.
    Once-through cooling water may be
    discharged with a total organic carbon
    concentration not be exceed 5 mg/1.
    Subpart 0— Lube Subcategory
    § 419.50 Applicability; description of the
    lubssubcategory.
    "he provisions of this subpart are
    icable to all discharges from any
    Jity which produces petroleum
    products by the use of topping, cracking
    and lube od manufacturing processes.
    whether or not the facility includes any
    process in addition to topping, cracking
    and lube oil manufacturing processes.
    The provisions of this subpart are not
    applicable however, to facilities which
    include the processes specified in.
    Subparts C and E of this part.
    § 41 9.51 Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application- of
    the best practicable control technology
    currently available (BPT).
    (a) The following limitations establish
    the quantity or quality of pollutants or
    pollutant properties, controlled by this
    paragraph, which may be discharged by
    a point source subject to the provisions
    of this subpart after application of the
    best practicable control technology
    currently available: •
    Effluent bmtatona
    Effluent Maximum Average of daily
    cfiaraaanrto lor any values lor 30
    t day consecutive daya
    thai not exceed—
    Metric unrts pdograma par 1.000m »of
    feedstock)
    BOO*. __s 50.8 2SL8
    *$? 1^1 2Z7
    mr> ion IB*
    CD and grease 	 18.2 IS
    Pnanouc
    Amoma as N 	 23 4 1058
    &„(«. -LI , n
    Total enremun 	 77 AS
    rtaavalent
    Engfajn units (pounds per 1.000 bM of
    (•edstocfc)
    
    TSS »? «n
    mn m at
    0 to fl 4ft __^___^ 1 09
    a«i.aoa tin.
    10 S to 10 99 ' . __.._ ' t7
    1 • 0 IO 1 1 '9 .. -_- 	 	 • "?
    11 f I0 1* 1)9..... . .._ ' •"
    •into iai» ...... ..._..,..,_... »1*
    
    ISOorgrtattr.. ... .._, 2"
    (3] Example of the application of the
    above factors.
    Calculation of the Procesa Configuration
    PtDCeUat) PfDOOSSaW inCHHOQ WOtQnttnQT
    ealagory lador
    
    eoklng.
    Moving oed cat cracking 	 ____
    
    
    Aspnait oxidauon 	 	
    Asphalt ernulsifyirg
    
    (c) The provisions of § 419.21(c)(l)
    apply to discharges of process waste
    water pollutants attributable to point
    source subject to the provisions of
    ballast water by this subpart.
    (d) 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/1.
    0 M/ per Stream Day Throughput
    CaipAOty Cafpaidty WwyhtlnQ PfOCBssinQ
    (1.000 DM per Mauve to factor configuration
    SsTBaVD O8yi . IfeTOUQjPpUt
    12S V
    . 90 .46"
    .129 1
    
    . .__ 2.W X" 1 •• 2,48
    
                                                         185
    

    -------
                     Federal  Register / Vol.  44, No. 247 / Friday, December 21, 1979 /  Proposed Rules
                                                                                                           75947
               Eompta'-tuteflaftMy 1SS.OOO 6U par Stream Day Throughput-CmOauet
                                                  Capacity     Capacity
                                                (1.000 MX per   re-ova la
                                                     »d«y)   throughput
     Cnctang-
                                    4t
                                    20
                      J2S
                      .160
         ToW.
                                                       S3
                                                       40
                                                       43
                                               488
                                               042
                                               033
                                              JH9
         TOM.
                                                       4.0
                                                                .113 X
                                                                JB2 x
                                                                         e  -
                                                       13
                                                       12
                                                                                     2.93
                                          1.47
                                          J3
                                                                                     7.28
                                            NOTES
       Set table 4 419.42(bK2) for process (actor. Process (actor-0 80.
       Sea leUe f 419.42(01(1) lor see (actor (or 125.000 bbl par stream day kibe refinery St» (ictor-093.
       recalculate me Ma lor each parameter, multiply via -ml |4ia.42(al By bom gia procau (actor ana ta factor
       BCC5_mt(inewnumlaranyl aay)- t73xOJaxOS3»l4.6 ox p«r 1.000 btt of feedstock.
     Subpart E—Integrated Subcategory
    
     § 419.60  Applicability; description of the
     Integrated subcategory.
       The provisions of this subpart are
     applicable to all discharges resulting
     from any facility which produces
     petroleum products by the use of
     topping, cracking, lube oil manufacturing
     processes, and petrochemical
     operations, whether or not the facility
     includes any process in addition to
     topping, cracking, lube oil manufacturing
     processes and petrochemical operations.
    
     9 419.81  Effluent limitations guidelines
     representing the degree of effluent
     reduction attainable by Uie application of
     the best practicable control technology
     currently available (BPTV,
       (a] The following limitations establish
     the quantity or quality of pollutants or
     pollutant properties, controlled by this
     paragraph, which may be discharged by
     a point source subject to the provisions
     of this subpart after application of the
     best practicable control technology
     currently available:
    
                         Effluent Mtaoons
                     Mwdmum
                      lor any
              Average of daty
               values tor 30
              consecutive day*
             cnalnoK
                  IMta wtt (Uogranu par 1.000 ffl'et
    TSS.
     544
     373
    388
     17.1
    
      .40
    Total
    He
     c
    PH
                      289
                      23.7
                     198
                      ill
    
                        192
                      104
                       .138
    WUn the nnge 6.0 to 94
                       032
                                                   cKhMnl umrtrtomi
                                  Effluent
                                              Majumum      Average el daily
                                               lor any       values tor 30
                                                1 day       cmecuove daya
                                            Englan inta (pounds perl,000 bH of
                              B005-
                              TSS-
                             COO	
                             OU and oru£a—
                               contpounos _
                             Anvnoniai u N
                           194           102
                           iaa            a.4
                          138            70
                           8.0            U
    
                            14            068
                           8J            U
                            124           058
                            33            .17
    
                            025           JHt
                       Wimm ID* nnga84 to 9.0
                                (b) The limits set forth in paragraph
                             (a) of this section are to be multiplied by
                             the following factors to calculate the
                             maxifnum for any one day and the
                             maximum average of daily values for
                             thirty consecutive days.
                                (1] Size factor:
                             1.000 bbl ol feedstock par mam day:
                                Leas man 124 9	
                                1Z5.0 to 149.9	
                                1500 to 1749	
                                175.0 to 199.9 ________
                                200.0 to 224.9 ___________
                                "•-IT*"—
                                       Hetor
                                          0.73
                                          0.78
                                          083
                                          091
                                          049
                                          104
      [2] Process factor:
       Less man 8.49-
       8.5 to 7 49	
       7510799	
       8 0 to 8.49	
       8510899	
       90 to 9.49	
       95 H 9.99	
       10 010 10.49 _
       10.510 10.99 _
       IIOlo 11 49_
       11J to 11 99 _
       12.0 to 12.49 _
       12,Sto>Z99_
       13.0 or greater.
    Ifctor
      0.75
      082
      0.92
      100
      1.10
      120
      130
      142
      154
      168
      1.83
      199
      2.17
      2M
      (3) See the comprehensive example
    Subpart 0 § 419.Sl(b)(3).
                (c) The provisions of § 419.21 (c)(l)
             apply to discharges of process waste
             water pollutants attributable to ballast
             water by a point source subject to the
             provisions of this subpart.
                (d) The quantity and quality of
             pollutants of 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
             concentration not to exceed 5 mg/L
    
             BAT, BCT Limitations and New Source
             and Pretreatment Standards
    
             Subpart F—Petroleum Refining Point
             Source Subcategory
    
             S 419.70  Applicability; description of the
             petroleum refining subcategory.
               This subpart applies to discharges to
             waters of the United States, and
             introductions of pollutants Into publicly
             owned treatment works from any
             petroleum refinery.
    
             § 419.71  Effluent limitations guidelines
             representing the degree of effluent
             reduction attainable by  the application of
             the best available technology economically
             achievable (BAT).
               Except as provided  in 40 CFR 125.3C
             125.32. any existing point source subjei
             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]:
               (a) The quantity of pollutants
             discharged from process wastewater
             shall not exceed the sum of the
             allocations specified below (3C means 3
             multiplied by C):
              (D
                             Subpart F
                                                                                             PoOutantor
                                                                                           poflutant property
                                BAT crude allocation
                             Maamum     Average of dady
                              (or any        values (or 30
                              1 day      consecutive days
                                                                                                           Metric units Odoonvns par day)
                                                                                          TolAl ChrOITMfll«
                                                                                          Hexavalent
                                                                                           chnxnuflt««__
                                                                                          Phenol	
                                                                                          Tola! cnromum.
    00031C
    0.0332C
    
    0.0028C
     0001SC
     0.0194C
    
     0.0013C
                                                                                                           Englan units (pounds per day)
                                                                         cnromuiii..
    0.0011C
    0.0116C
    
    OXO10C
    0.00058C
     Q.006SC
    
      0.0
                                                                186
    

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    75948	Federal Register / Vol. 44.  No.  247 / Friday. December 21. 1979 / Proposed" Rules
    SobpaitP
    
    Pollutant or _______________
    PoDutant property. Maxsnum Average of daily
    for any values for 3O
    Tday eansecudve.day*
    Matnc unto (Uograms par day>
    Phenol—— 0.03SIK 0.017QK
    ToM dWxrdui»_ O3812K O2234X
    chromium 	 OJ328K OJ)147K
    Enotsn tints fjxjonos peroayr
    
    Total cnrarnum — 0.1338* aOTSSK
    Hexavafent
    cnrarnum 	 OJJM4IC OOOSaC
    C31
    Subpart F
    BAT aspnalf and kibe allocation
    DURUM ar 	
    ptfUantpnpeA Maxnuav Average of daily
    for any values lor 30
    Tday consecutive oaye-
    Uetric urata (Uognjms par day)
    •_»! aaaiKu am-niL
    Totafchramum X3971AL O2332M.
    "«M»alen>
    vxnum 0.0340AL O01S4AL.
    
    EngSsnunrts (pounds per day)
    Phenol 	 0.0128AL O008ZAL
    Tot* enronun 	 O.U93A1. OJM17AI_
    Hexa.ule»i
    (b) The Rhulations for COD, ammonia
    (as N). sulfide and TOC are the same as
    those specified in §9 419.21, 419.31,
    419.41, 419.51, and 419.61.
    (c) The limitations for ballast wafer
    and once through cooling water are the
    same as those specified in § J 419.21.
    419.31. 419.41. 419.51. and 419.61.
    Note. — See Appendix to- this regulation for
    "WlPplfl *"aj5f1lla'*l?t1 flf A. HAT efflufiOl
    limitation.
    § 419.77 Effluent limitations guide lines
    representing trie degree of effluent
    reduction attainable by the application, ot
    the best conventional pollutant control
    technology (BCT)>
    ' Except as provided in 40 CFR 125.30-
    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
    Ne best conventional pollutant
    .•ol technology (BCT]:
    id) The quantity of pollutants-
    discharged from process wastewater
    shall not exceed the sum of the
    allocations specified below (3C means 3
    multiplied by C):
    (1)
    Subpart P
    8ATmjrta allocBDorr
    PnCi riant n«
    pollutant property Maximum Average ol daily
    lor any values (or 30
    Iday consecutive daya
    Metric urala (Utognrna per day)
    aOOS 	 7.'9W ' ««C
    TSS. 	 	 	 rSOTC QflOT'C
    Ot andgrease— 06S8C 0366C
    English units (pounds per day)
    BOOS 0 7WMC 0 "W!C
    TW * *'MG 0 338SC
    Ol and grease 	 O240C 0.1ZBC
    (2)
    Subpart P
    8CT cocking allocation
    Poducanlor
    paUantpraoerrt Maximum Average ol daily
    tor any values lor 30
    Iday consecutive days
    Metric units (kilogram per day)
    WVM MMK ,f^l^
    TSS,_.._ 	 _.._. 1733K 11 OIK
    01 sod grease 	 789K 4.21 K.
    English urots (pounds per day)
    
    T$S 	 „..__ «081K Xfl/OK
    ON and grease— 176K 1.47K,
    PI
    Subpart F
    BCTa«Ml»Nliul>.tfocn»
    pollutant property Maximum Average ol daily
    lot any values for 30
    1 day consoculwaaays
    Metric units (Uograms per d9ay)
    m 	 9**3AL 19 MAL
    0» and gr«as»__ 933M. 43SAL
    English units (pounds per day)
    BODS. • 779*1 A 903*1
    TSS 4.3^6^ A Q3BAL
    01 and grease 	 188AL 1.S4AL
    (b) the pH shall be within the range of
    a to 9.
    (c] The limitations for ballast water
    and once through cooling water are the
    same as those specified in §§ 419.21,
    419.31. 419.41, 419.51, and 419.61.
    S 419.73 New source performance
    standards (NSPS).
    Any new source subject to this
    subpart mast achieve the following new
    source performance standards (NSPS]:
    (a) There shall be no discharge of
    pollutants front process wastewaters to
    the waters of the United Slates.
    (b) The limitations for ballast water
    and once through cooling water are the
    same as those specified in §§ 419.21,
    419.31. 419.41. 419.51. and 419.61.
    § 419.74 Pretreatment standards for new
    and existing sources.
    Any point source subject to this
    subpart which introduces pollutants into
    a publicly owned treatment works
    which has not been granted a waiver
    from achieving effluent limitations
    based on secondary treatment under
    section 301(h) of the Act must achieve
    the following pretreatment standards (in
    addition to complying with 40 CFR Part
    403 in the case of new sources and
    except as provided in 40 CFR Part 40X13
    in the case of existing sources):
    (a) The following standards apply to
    the total refinery flow contribution to
    the POTW.
    Subpart F
    
    poDutant property Maanura tar any 1 day
    MUgrams par Olar (mg/1)
    Q3 >nd gmsv^^HH 100
    (b) The following standard is applied
    to the cooling tower blowdown portion
    of the refinery flow to the POTW or may
    be applied to the total refinery flow by
    multiplying the standard by the ratio of
    the cooling tower blowndown flow to
    the total refinery flow to the POTW.
    Subpart r
    PoHuttrtf or PivdVcitnwTir atendgrds '••
    poUutantprooerty Mawnunvfarany i day
    MSbgrams par liter (mg/1)
    Total ciirornvn
    (c) Informational mass limitations are
    as. follows:
    Subpart P
    Pollutant or Pretraalmant standards—
    pollutant properly Maximum lor any 1 day
    Metric unrts (kilograms par day)
    Ol and arena 	 857C+l0952K.f-1l430At.
    Ammonia 957C-t-10952K+11430AL
    Total crrarrdum 	 flx(0.0957C+l0952K+1.143QAL)
    — — Engasn units (pounds per day)
    Oil and grease—— X3SC+38.35K+40 02AL
    Total chromium __ Rx(00335C+0.3S35K+0.4002AU
    
                                                        187
    

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                     Federal Register  / Vol. 44. No. 247 /  Friday. December  21.  1979 /  Proposed Rules
                                                                                                               75949
     9 419.75  Pretreatment standards for
     facilities discharging Into certain publicly
     owned treatment works with only primary
     treatment*
       Any point source subject to this
     subpart which introduces pollutants into
     a  publicly owned treatment works
     which has been granted a waiver from
     achieving effluent limitations based on
     secondary treatment under section
     301(h) of the Act must achieve the
     following pretreatment standards (in
     cddition to complying with 40 CFR Part
     403 In the case of new sources and
     except as provided  in 40 CFR 403.13 for
     Existing Sources):
                     Subpart F
       PoMantor
     pofetam proparty
                                    Oi(n| Watnara
    Manmum
     torn*
    Aung* o* daily
     valuator 30.
                                  (3)
                                  Poouumor
                                potkium prapariy
                                      Aunali and MM allocation
    
                                     uaxtmum      Avaraoa at daily
                                      lor any        «alu»i tor 30
                                      i day      eoraacuM day*
                                                Mamc units (talograma par day)
                               Tom Gnpomurn.
                                                    00365AL
                                                    OJ87SAL
                                                      00177AL
                                                      OJ332AL
                                                                  0.01 HAL
                                                English urea (pound* p«r day)
                               Total cnremum.
                                                    00128AL
                                                    0.13O3AL
                                                    00119AL
                                                      00062AL
                                                      OOB17AL
                                                                  80054AL
                       UOgram* par Itor (mo/1)
    Appendix—Sample Calculation
      The following example presents the
    derivation of a BAT phenol effluent
    limitation for a typical refinery
                   RefliMryX YZ
                            OW7
                            0.723
                            0.06
                        0032
                        0.439
       (b) Information mass limitations are
    as follows:
       (1)	
    
                          CnidaaiocaMn
                                                      Rafinan/
                                                     nreugnput
                                                    1000bW/day
                                                          dwflatt
                               Oamatdng.
                                                                      100
                                                                       79
                                                                       SO
                                                                      229
                               FCC.
                               Hvdre
                      tar any
                       tday
                     Maoto uMOdtognm par dayl
    TeMehremun.
                          00031C
                          00332C
                      00019C
                      0.0194C
                                        0.001X
                                                     Total aapnalt and lub* pnxaim (AU	
                                                                              (ba/
                                                                                        29
                                                                                        20
                              (poiafads pw dsy)
                                                  1O-<(9)-044.
                          00011C
                          00118C
                          0.0010C
                     0.00092C
                    0.0008BC
                                       00009C
                   (FR Doc. 7V-U4U FUed 12-ZO-Jft 6.41 am|
                   anjUNQ coot IMO-OI-M
       (2)
       Mkiuniar
     poMam propariy
                     Mmaomuni
                      tor any
                       iday
               Awaoa ol daay
                •amaatarM
                     Mane untt (kiloenuna par day)
    Total chrarnun.
    Haiavalant
                          003S1K
                          03812K
                          00326K
                      00170K
                      OJ234K
                                        00147K
                      Engwn unro (pounds par day)
    Total ctvofn1urnH
                          00123K
                          01336K
                         00114K
                      00060K
                      007K3K
                                        0.0092K
                                                                 188
    

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        Monday
        October 18, 1982
        Part II
    
    
    
        Environmental
    
        Protection Agency
    
        Petroleum Refining Point Source
        Category Effluent Limitations Guidelines,
        Pretreatment Standards and New Source
        Performance Standards; Final Rule
    189
    

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     46434      Federal Register  / Vol. 47. No. 201 / Monday. October 18. 1982  / Rules and Regulations
    ENVIRONMENTAL PROTECTION
    AGENCY
    
    40 CFR Part 419
    
    IWH-FRL 2203-3]
    
    Petroleum Refining Point Source
    Category Effluent Limitations
    Guidelines, Pretreatment Standards,
    and New Source Performance
    Standards
    
    AGENCY: Environmental Protection
    Agency (EPA).
    ACTION: Final rule.	
    
    SUMMARY: These regulations limit the
    discharge of pollutants into navigable
    waters and into publicly owned
    treatment works (POTW) by existing
    and new sources in the petroleum
    refining industry. The Clean Water Act
    and a consent decree require EPA to
    issue these regulations. These
    regulations provide final effluent
    limitations guidelines  for "best available
    technology economically achievable"
    (BAT), and establishes final
    pretreatment standards for existing
    sources (PSES) and for new sources
    {PSNS). The Agency has decided to
    retain its previously promulgated "new
    source performance standards" (NSPS)
    for this industry. Effluent limitations
    guidelines for "best practicable control
    technology currently available" (BPT)
    were not modified by EPA in this
    rulemaking. The Agency is reserving
    coverage of "best conventional pollutant
    control technology" (BCT) effluent
    limitations guidelines because the
    methodology to assess the cost
    reasonableness of BCT has not yet been
    established. The Agency is withdrawing
    storm water runoff limitations
    promulgated on May 9.1974 (39 FR
    16560) for BPT. BAT. and NSPS. because
    these limitations were remanded by the
    court in American Petroleum Institute v.
    EPA. 540 F. 2d 1023 (10th Cir. 1976).
    DATES: In accordance with 40 CFR
    100.01 (45 FR 26048], the regulations
    developed in this rulemaking shall be
    considered issued for purposes of
    judicial review at 1.00 p.m. Eastern time
    on November 1.1982.
      These regulations shall become
    effective December 1.1982.
      The compliance date for the newly
    issued PSNS regulation is the date that
    the new source commences discharge.
    The compliance date for PSES is the
    same as the  compliance date for the
    interim final PSES for this industry
    promulgated on March 23.1977. (See 42
    FR 15684). The PSES promulgated today
    is no more stringent than the interim
    final PSES.
       Under Section 509(b](l) of the Clean
     Water Act judicial review of these
     regulations is available only by filing a
     petition for review in the United States
     Court of Appeals within ninety days
     after these regulations are considered
     issued for purpose of judicial review.
     Under Section 509[b](2) of the Clean
     Water Act. these requirements of the
     regulations may not be challenged later
     in civil or criminal proceedings brought
     by EPA to enforce these requirements.
       Those portions of the existing
     petroleum refining effluent guidelines
     limitations and standards (hat are not
     substantively amended by this notice
     are not subject to judicial review nor is
     their effectiveness altered by this notice.
     These regulations are BPT and NSPS.
     ADDRESSES: The record for this
     rulemaking will be available for public
     review within four weeks after the date
     of publication in EPA's Public
     Information Reference Unit. Room 2004
     (Rear) (EPA Library). 401 M  Street. S.W..
     Washington. D.C. The EPA information
     regulation (40 CFR Part 2) provides that
     a reasonable fee may be charged for
     copying.
      Technical information may be
     obtained by writing to William A.
     Telliard. Effluent Guidelines Division
     (WH-552), EPA, 401 M Street. S.W..
     Washington. D.C. 20460. or by calling
     (202) 426-4617. Copies of the technical
     development and economic documents
     can be obtained from the National
     Technical Information Service.
     Springfield, Virginia 22161 (703/487-
     6000).
     FOR FURTHER INFORMATION CONTACT:
     Dennis Ruddy. (202) 382-7165.
     SUPPLEMENTARY INFORMATION:
     Organization of this Notice
     I. Legal Authority
     II. Scope of this Rulemaking
     111 Summary of Legal Background
     IV.  Prior Regulations and Methodology and
        Data Gathering Efforts
     V. Control Treatment Options and
        Technology Basis for Regulations
      A. Final BAT Limitations
      D. New Source Performance Standards
        (NSPS)
      C Final Pretreatmenl Standards for
        Existing Sources (PSES)
      0. Final Pretrealmeni Standards Tor New
        Sources (PSNS)
     VI. Costs and Economic Impacts
    VII. Non-Water Quality Environmental
        Impacts
      A. Air Pollution
      B. Solid Waste
      C. Consumptive Water Loss
      0. Energy Requirements
    VIII. Pollularfts and Sub-categories Not
        Regulated
      A. Exclusion of Pollutants
      B. Exclusion of Subcategones
    IX. Responses to Major Comments
     X. Beat Management Practices
     XI. Upset and Bypass Provisions
     XII. Variances and Modifications
     XIII. Relationship to NPDES Permits
     XIV Public Participation
     XV. Small Business Administration (SBA)
        Financial Assistance
     XV]. Availability of Technical Assistance
     XVII. Appendices
       A. Pnonly Pollutants Not Detected in
        Treated Effluents Discharged Directly.
        and Excluded from Regulation
       a Pnorty Pollutants Not Delected in
        Effluents Discharged to POTWs, and
        Excluded from Regulation
       C Priority Pollutants Detected m Treated
        Effluents Discharged Directly, but
        Excluded from Regulation
       D. Pnonly Pollutants Detected in Effluents
        Dischdrged to POTWs. but Excluded
        from Regulation
       E. Abbrevmlions. Acronyms, and Other
        Terms Used in this Notice
    
     I. Legal Authority
    
       These regulations are being
     promulgated under the authority of
     Sections 301, 304. 306. 307.  and 501 of the
     Clean Water Act (the Federal Water
     Pollution Control Act Amendments of
     1972. 33 U.S.C. 12S1 et seq.. as amended
     by the Clean Water Act of 1977, Pub. L.
     95-217) also called the "Act". These
     regulations are also being promulgated
     in response to the Settlement Agreement
     in Natural Resources Defense Council.
     Inc. v. Tram. 8 ERG 2120 (D.D.C. 1976).
     modified  12 ERG 1833 (D.D.C. 1979).
    
     II. Scope of this Rulemaking
    
      The petroleum refining industry is
     included within the U.S. Department of
     Commerce, Bureau of the Census,
     Standard Industrial Classification (SIC)
     2911.  A detailed overview of the
     petroleum refining industry can be found
     in the proposed regulations of December
     21,1979 for this industry (44 FR 75926).
      The most important pollutants or
     pollutant parameters in petroleum
     refinery waste waters are: (d) toxic
     pollutants (chromium); (b) conventional
     pollutants (TSS, Oil and Grease. BOD5.
     and pH); and (c) nonconventional
     pollutants (phenolic compounds (4-
     AAP). COD. suifide and ammonia).
     EPA's 1973 to 1976 rulemaking efforts
     emphasized the achievement of best
     practicable control technology currently
     available (BPT] by July 1.1977. In
     general. BPT represents the average of
     the best existing performances of  well-
     known technologies for control of
     traditional (i.e.. "classical") pollutants.
      In contrast, this round of rulemaking
     aims for the achievement by July 1.1984.
    of the best available technology
    economically achievable (BAT) that will
    result in reasonable further progress
     toward the national goal of eliminating
                                                               190
    

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               Federal Register  /  Vol. 47. No. 201 / Monday. October 18. 1982  /  Rules and Regulations     46435
    the discharge of all pollutants. At a
    minimum. BAT represents the best
    economically achievable performance in
    any industrial category or subcategory.
    Moreover, as a result of the Clean Water
    Act of 1977. the emphasis of EPA's
    program has shifted from "classical"
    pollutants to the control of a lengthy list
    of toxic pollutants.
      EPA  is promulgating BAT. PSES. and
    PSNS for each of the five subcategories
    established for this industry. BPT. BAT
    and NSPS effluent limitations for storm
    water runoff for all direct dischargers
    and all BCT requirements, including
    storm water runoff, are being reserved
    for future rulemaking.
    
    III. Summary of Legal Background
      The Federal Water Pollution Control
    Act Amendments of 1972 established a
    comprehensive program to "restore and
    maintain the chemicai. physical, and
    biological integrity of the Nation's
    waters" (Section 101(a)). To implement
    the Act. EPA was to issue effluent
    standards, pretreatment standards, and
    new source performance standards for
    industry dischargers.
      The Act included a timetable for
    issuing these standards. However. EPA
    was unable to meet many of the
    deadlines and. as a result, in 1976. it was
    sued by several environmental groups.
    In settling this lawsuit, EPA and the
    plaintiffs executed a court-approved
    "Settlement Agreement". This
    Agreement required EPA to develop a
    program and adhere to a schedule m
    promulgating effluent limitations
    guidelines and standards for 65
    "priority" pollutants and classes of
    pollutants for 21 major industries. See
    Natural Resources Defense Council. Inc.
    v. Train. 8 ERG 2120 (D.O.C. 1976).
    modified. 12 ERG 1833 (D.O.C. 1979). See
    also: 43 FR 4108: 46 FR 2266; 46 FR 10723.
      Many of the basic elements of this
    Settlement Agreement program were
    incorporated into the Clean Water Act
    of 1977. Like the Agreement, the Act
    stressed control of toxic pollutants
    including the 65 "priority" pollutants. In
    addition, to strengthen the toxic control
    program. Section 304(e) of the Act
    authorizes the Administrator to
    prescribe "best management practices"
    (BMPs) to prevent the release of toxic
    and hazardous pollutants from plant site
    runoff, spillage or leaks, sludge  or waste
    disposal, and drainage from  raw
    matenal storage associated with, or
    ancillary to. the manufacturing of
    treatment process.
      Under the Act. the EPA program is to
    set a number of different kinds of
    effluent limitations. These are discussed
    in detail in the Development Document
    supporting these regulations. The
    following is a brief summary:
      1. Best Practicable Control
    Technology (BPT). BPT limitations are
    generally based on the-average of the
    best existing performance by plants of
    various sizes, ages, and unit processes
    within the industry or subcategory.
      In establishing BPT limitations. EPA
    considers the total cost of applying the
    technology in relation to the effluent
    reduction derived, the age of equipment
    and facilities involved, the process
    employed, the engineering aspects of
    control technologies, process changes.
    and non-water-quality environmental
    impacts (including energy requirements).
    The total cost of applying the technology
    is balanced against the effluent
    reduction. EPA promulgated BPT for the
    petroleum refining point source category
    on May 9.1974 (39 FR 16560) and
    amended the regulations on May 20.
    1975 (40 FR 21939). BPT is printed m this
    final rule for the sake of completeness to
    the reader.
      2. Best Available Technology (BAT).
    BAT limitations, in general, represent
    the best existing performance of
    technology in the industrial subcategory
    or category. The Act establishes BAT as
    the principal national means of
    controlling the direct discharge of toxic
    and nonconventional pollutants to
    navigable waters.
      In arriving at BAT, the Agency
    considers the age of the equipment and
    facilities involved, the process
    employed, the  engineering aspects of
    control technologies, process changes.
    the cost of achieving such effluent
    reduction, and non-water quality
    environmental impacts. The
    Administrator retains considerable
    discretion in assigning the weight to be
    accorded these factors.
      3. Best Conventional Pollutant Control
    Technology (BCT). The 1977
    Amendments added Section 301(b)(2)(E)
    to the Act establishing "best
    conventional pollutant control
    technology" (BCT) for discharge  of
    conventional pollutants from existing
    industrial point sources. Conventional
    pollutants are those defined in Section
    304(aj(4) (biochemical oxygen
    demanding pollutants (BODS/, total
    suspended solids (TSS), focal coliform
    and pH|, and any additional pollutants
    defined by the Administrator as
    "conventional" (oil and grease, 44 FR
    44501. July 30.1979|.
      BCT is not an additonal limitation but
    replaces BAT for the control of
    conventional pollutants.  In additon to
    other factors specified in section
    304(b)(4)(B). the Act requires the BCT
    limitations be assessed in light of a two
    part "cost-reasonableness" test.
    American Paper Institute v. EPA. 660
    F2d 954 (4th Cir. 1981). The first test
    compares the cost for private industry to
    reduce its conventional pollutants with
    the costs to publicly owned treatment
    works for similar levels of reduction in
    their discharge of these pollutants. The
    second test examines the cost-
    effectiveness of additional industrial
    treatment beyond BPT. EPA must find
    that limitations are "reasonable" under
    both tests before establishing them as
    BCT. In no case may BCT be less
    stnngent than BPT.
      EPA published its methodology for
    carrying out the BCT analysis on August
    29.1979 (44 FR 50732). In the case
    mentioned above, the Court of Appeals*
    ordured EPA to correct data errors
    underlying EPA's calculation of the first
    test, and to apply the second cost test.
    (EPA had argued that a second cost test
    was not required). The Agency is
    reserving BCT effluent limitations
    guidelines because the methodology to
    assess the cost reasonableness of BCT
    has not yet been established.
      4. New Source Performance Standards
    (NSPS). NSPS are based on the best
    available demonstrated technology.
    New plants have the opportunity to
    install the best and most efficient
    production processes and wastewater
    treatment technologies. EPA
    promulgated NSPS for the petroleum
    refining point source category on May 9,
    1974 (39 FR 16560) and amended the
    regulation on May 20.1975 (40 FR 21939).
    NSPS is printed in this final rule for the
    sake of completeness to the reader.
      5. Pretreatment Standards for Existing
    Sources (PSES). PSES are designed to
    prevent the discharge of pollutants that
    pass through, interfere with, or are
    otherwise incompatible with the
    operation of a  publicly owned treatment
    works (POTW). They must be achieved
    within three years of promulgation. The
    Clean Water Act of 1977 requires
    pretreatment for toxic pollutants that
    pass through the POTW in amounts that
    would violate direct discharger effluent
    limitations or interfere with the POTW's
    treatment process or chosen sludge
    disposal method. The legislative history
    of the 1977 Act indicates that
    pretreatment standards are to be
    technology-based, analogous to the best
    available technology for removal of '
    toxic pollutants. EPA has generally
    determined that there is pass through of
    pollutants if the percent of pollutants
    removed by a well-operated POTW
    achieving secondary treatment is less
    than the percent removed by the BAT
    model treatment system. The general
    pretreatment regulations, which served
    as the framework for the categorical
                                                         191
    

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     46436    Federal Register / Vol. 47. No.  201 / Monday. October 18,  1982 / Rules and  Regulations
     pretreatment regulations are found at 40
     CFR Part 403 (43 FR 27736. June 26.1978:
     46 FR 9462 January 28.1981).
       6. Pretreatment Standards for New
     Sources (PSNS). Like PSES. PSNS are to
     prevent the discharge of pollutants
     which pass through, interfere with, or
     are otherwise incompatible with the
     operation of the POTW. PSNS-are to be
     issued at the same time as NSPS. New
     indirect dischargers, like new direct
     dischargers, have the opportunity to
     incorporate the best available
     demonstrated technologies. The Agency
     considers the same factors in
     promulgating PSNS as it considers in
     promulgating PSES.
     IV. Prior Regulations and Methodology
     and Data Gathering  Efforts
     A. Prior Petroleum Refining Regulations
       EPA promulgated BPT, BAT. NSPS.
     and PSNS for the petroleum refining
     point source category on May 9.1974 (39
     FR 16560). The BPT. BAT. and NSPS
     regulations were challenged by the
     American Petroleum Institute (API) and
     others in the United States Court of
     Appeals for the Tenth Circuit Both BPT
     and NSPS were upheld by the Court
     with the exception of limitations for
     storm water runoff which were
     remanded for further consideration.
     BAT. including limitations for storm
     water runoff, was remanded for further
     consideration. American Petroleum
     Institute v. EPA. 540 F.2d 1023 (10th Cir.
     1976). Interim final PSES was
     promulgated on March 23.1977 (42 FR
     15684)  in response to the Settlement
     Agreement.
       BAT and BCT were proposed on
     December 21.1979 (44 FR 75926). At the
     same time, the Agency proposed to
     revise NSPS. PSNS. and PSES.
     B. Methodology and Data Gathering
     Efforts
       The methodology and data gathering
     efforts used in developing the proposed
     regulations were summarized in the
     preamble to the proposed  petroleum
     refining regulations published on
     December 21.1979 (44 FR 75926).
       EPA has  prepared the following
     reports concerning data it has acquired
     on this industry since the December
     1979 proposed regulations were
     published: (1) a report entitled
     Petroleum Refining Industry.
     Refinements to 1979 Proposed Flow
    Model; and (2) a report entitled
    Petroleum Refining Industry. Surrogate
    Sampling Program. The Agency has
     rejected the options which utilized the
     data and conclusions from these reports
     in this rulemaking: therefore, the results
     were not used by EPA as bases for the
     Agency's regulations in today's
     rulemaking.
     V. Control Treatment Options and
     Technology .Basis for Regulations
    
     A. Final BAT Limitations
       EPA is promulgating BAT limitations
     which are equivalent to the BPT level of
     control (Option 9 discussed below).
     These limitations are based on both m-
     plant and end-of-pipe technologies.
     including sour water stripping to control
     ammonia and sulfide. water use
     management, sewer segregation.
     wastewater. flow equalization, initial oil
     and solids removal (API separators or
     baffle plate separators), advanced oil
     and solids removal (clanfiers. dissolved
     air flotation, or filters), biological
     treatment and Filtration or other
     "polishing" steps. The flow model and
     subcategonzation scheme upon which
     these limitations are based are the same
     as those used for developing the BPT
     effluent limitations. BPT removes 96
     percent of the toxic pollutants from raw
     wastewaters discharged by the'
     petroleum refining industry.
       1. Control Treatment Options for BA T.
     The control and treatment technology
     options that EPA investigated for use in
     this industry for BAT are presented
     below. Options 1 through 6 were
     considered in formulating the proposed
     rule. Option 7, a modification of Option
     2, and Option 8. a modification of
     Option 1. were developed on the basis
     of information available at the time of
     the 1979 proposal, modified as a result
     of information collected by EPA after
     the proposed rule was  published, as well
     as from  public comments received on
     the proposed rule. Option 9. the BPT
     level of  control, was reconsidered after
     publication of the proposed rule, as a
     result of public comments received.
      Option 1—Discharge flow reduction of
     27 percent from the proposed model
     flow, achieved through greater reuse
     and recycle of wastewaters. in addition
     to BPT treatment.
      Option 2—Discharge flow reduction of
     52 percent from the proposed model
     flow, achieved through greater reuse
     and recycle of wastewaters. in addition
     to BPT treatment. This  was the control
     treatment option  selected in the 1979
     proposal.
      Option 3—Discharge flow reduction of
     27 percent from the proposed model
     flow per Option 1. plus enhanced BPT
     treatment with powdered activated
    carbon to reduce residual toxic organic
    pollutants.
      Option 4—Discharge flow reduction of
    52 percent from the proposed model
    flow per Option 2. in addition to BPT
    treatment plus segregation and separate
     treatment of cooling tower blowdown.
     Cooling tower blowdown treatment for
     metals removal includes reduction of
     hexavalent chromium to tnvalent
     chromium, pH adjustment, precipitation.
     and settling or clarification.
       Option 5—Discharge flow reduction of
     27 percent from the proposed model
     flow per Option 1. in addition to BPT
     treatment plus granular activated
     carbon treatment to reduce residual
     toxic organic pollutants.
       Option 6—A "no discharge of
     wastewater pollutants" (i.e.. zero
     discharge) standard based upon reuse.
     recycle, evaporation, or reinjection of
     wastewaters.
       Option 7—Discharge flow  reduction of
     37.5 percent from revised model flow
     achieved  through greater reuse and
     recycle of wastewaters, in addition to
     BPT treatment.
       Option  8—Discharge flow  reduction of
     approximately 20 percent from revised
     model flow  achieved through greater
     reuse and recycle of wastewaters. in
     addition to BPT treatment.
       Option  9—Flow equalization, initial
     oil and solids removal, advanced oil and
     solids removal, biological treatment, and
     filtration or  other final "polishing" steps.
     This option  is the basis of the existing
     regulations.
       2. Technology Basis for the Final BA T
     Regulation,  (a) Final BAT Limits: EPA is
     promulgating BAT limitations based on
     Option 9 which is equivalent to the BPT
     level of control. Regulated pollutants for
     BAT are (1)  nonconventional pollutants:
     Chemical  oxygen demand (COD), total
     phenols (4AAP). ammoma(N), and
     sulfides: and (2) toxic pollutants: total
     chromium, and hexavalent chromium.
       (b) Changes From Proposal: The
     options considered in formulating the
     proposed rules were based on various
     combinations of wastewater flow
     reduction  and improved performance of
     wastewater  treatment technology. A
     flow modeling approach was  used for
     regulatory purposes to define the
     industry's  current wastewater
     generation and to correlate effluent flow
     with process variables. The proposed
     1979 flow model was developed to
     establish the average wastewater flow
     that can be expected from refineries
     with similar  process configurations. The
     proposed flow model was also used to
     determine specific effluent limitations
     for the prescribed levels of flow
     reduction in  Options 1 through 5.
      The proposed regulation was based
    on the Option 2 level of control. This
    option proposed to regulate chemical
    oxygen demand (COD), total phenols
    (4AAP), ammonia(N), sulfide. total
    chromium, and hexavalent chromium.
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               Federal  Register / Vol. 47. No.  201 / Monday. October 18. 1982  /  Rules and Regulations     46437
      The Agency determined that.
    regardless of the amount of flow
    reduction, the levels of ammonia.
    sulflde. and COD would not measurably
    change compared to the BPT level of
    control. The control of ammonia and
    sulfide is achieved through steam
    stripping, an in-plant control technique.
    No technologically feasible process
    changes or in-plant controls beyond
    those presently in use in this industry
    were identified to further reduce
    ammonia and sulfide. The Agency's
    attempts'to quantify or predict changes
    in COD levels with implementation of
    flow reduction/water reuse technologies
    were inconclusive.
      The proposed regulation would have
    limited total phenols at a mass
    equivalent of 19 jig/1. The Agency
    received a number of comments on this
    issue stating that the proposal to limit
    total phenols at 19u.g/l was too
    stringent because technology is not
    available to consistently achieve such a
    level. Additional information on phenol
    was collected by EPA in the "Long Term
    Data Collection Survey" and the
    "Surrogate Sampling Program" (See
    Sections IV and XVI] subsequent  to the
    December 1979 proposal. Information
    collected included effluent data from 37
    refineries for calendar  year 1979.
    Analysis of the data collected during
    these two studies concluded that
    existing BPT treatment systems are not
    achieving the proposed 19 jig/l level on
    a long term basis. However, the results
    do show that such systems are capable
    of achieving the 100 /xg/1 level of control
    previously established for determining
    BPT mass limitations.
      The preamble to the  1979 proposal (44
    FR 75938) stated that implementation of
    Option 2 would result in the removal of
    approximately 123.000 pounds of
    chromium per year, at an incremental
    (beyond BPT] annual cost of S62 million
    and a capital cost of S138 million (1979
    dollars). This 123. 000 pounds of
    chromium per year represents the
    incremental removal from the BPT level
    to the BAT Option 2 level. However.
    based upon revaluation of the effluent
    data base, the Agency has found this
    figure was overstated because the
    observed chromium discharge of
    refineries with BPT level treatment was
    considerably less than  (hat allowable by
    the BPT chromium limitations. The
    actual amount of chromium which
    would have been removed under this
    option is approximately 32.000 pounds
    per year. The capital costs, to a
    considerable extent, represent retrofit
    costs.
      BAT Option 2 was developed using
    the proposed 1979 flow model. However.
     based upon data submitted by
     commenters and the "Flow Model"
     study performed by EPA after the
     proposal (See Section IV), the proposed
     197*9 flow model was modified. The
     technical points raised by some of the
     commenters were of considerable
     assistance in the flow model refinement
     process. The main emphasis of the
     comments concerned the statistical
     deficiencies of the proposed model, the
     choice of model variables, and aspects
     of the resulting model fit. The structure
     of the model and the process variables
     to be included were reexammed and
     modified accordingly. This refinement
     process resulted in the revised 1979 flow
     model which was more representative of
     the current wastewater generation in  the
     industry. Thus. Option 2 has been
     rejected because it was based on the
     proposed flow model that has been
     modified. (See discussion of Option 7
     below).
    
     Other Options Considered
       Because BAT Option 1 relies on the
     same technology as BAT Option 2.
     ammonia, sulfide. and COD levels
     would not be measurably changed by
     implementing Option 1. The total
     phenols limitation for this option was
     based upon the same 19 pg/1
     concentration level as was used for
     Option 2. However, as previously
     discussed.  BPT end-of-pipe treatment
     has not been shown to be capable of
     achieving this concentration level on a
     long term basis.
       The Agency's analysis of available
     data shows that implementation of
     Option 1 would remove an additional 1
     percent beyond BPT treatment levels of
     toxic pollutants that are present in raw
     wastewaters. This translates into an
     additional removal beyond BPT of
     approximately 1.3 pounds of toxi
     pollutants per day. per direct discharge
     refinery. The proposed 1979 regulation
     would require S23 5 million additional
     capital investment at an annual cost of
     S9.3 million (1979 dollars) to implement
     Option 1 for this industry. The capital
     costs, to a considerable extent.
     represent retrofit costs. This option was
     rejected because it was based on thn
     proposed 1979 flow model, which, ds
     discussed above, has been modified.
     (See discussion of Option 8 below).
      The Agency's analysis of available
     data shows that implementation of
     Option 3 would remove an  additional 1..5
     percent (beyond BPT treatment) levels
    of beyond BPT treatment levels. This
     translates into an additional removal
    beyond BPT of approximately two
    pounds of toxic pollutants per day. per
    direct discharge refinery. The two end-
    of-pipe treatment technologies that were
     used to establish Option 3 are rotating
     biological contactors (RBC) and
     powdered activated carbon (PAC)
     treatment. At the time of the Agency's
     data collection efforts in 1976-1979,
     there were seven facilities using these
     technologies. The Agency determined
     that, upon analysis of available data,
     there are significant operational
     (mechanical) problems with RBC
     technology. The Agency also found that
     full-scale experience with PAC
     technology was mixed, i.e.. some
     facilities experienced consistently
     measurable pollutant reductions as
     intended, while others experienced
     inconsistent or no measurable effluent
     reductions. Because of these operational
     problems observed in full-sc;ile
     facilities, there was limited performance
     information available. While both of
     these technologies appear promising, the
     Agency believes there is not enough
     performance information available at
     this time upon which to base national
     regulation for this industry.
       Option 4 was predicated on
     industrywide ability to segregate.
     collect, and  separately treat cooling
     tower biowdown. the major source of
     chromium for this industry. The
     wastewater recycle/reuse study (See
     Section IV],  completed after the
     publication of the proposed regulation.
     concluded that, for existing sources, it is
     extremely difficult in many instances to
     segregate cooling tower biowdown for
     chromium treatment. Cooling tower
     recirculation and biowdown is typically
     practiced at numerous locations
     throughout a refinery. Extensive
     collection systems would be necessary
     at many refineries to collect all
     biowdown streams for separate
     treatment. In addition, not all cooling
     tower biowdown streams are collectible.
     For instance, cooling water when used
     as makeup for refinery processing
     commingles  with process water and
     cannot be traced or segregated.
     especially in older refineries. Therefore.
     the Agency has  determined that it would
     not be proper to base OAT effluent
     limitations guidelines on this technology
     option.
      The alternative fur additional
     chromium removal beyond OPT is to
     treat the combined final effluent.
     However, further end-of-pipe treatment
     for chromium in combined final effluent
     after BPT treatment would result in
     limited, if any, measurable effluent
     reduction benefits. This is because the
    chromium level  in combined final
    effluent (115  jig/1 observed average)
    approximates the level achievable by
    any further treatment of this type of
    wastewater.  For the foregoing reasons.
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     46438     Federal  Register / Vol. 47. Nu.  201 / Monday. October 18.  1982 / Rules and Regulations
     the Agency rejected Option 4 for this
     industry.
       BAT Option 5 was predicated on
     industry's ability to install and operate
     granular activated carbon (GAG)
     treatment as an end-of-pipe technology.
     In the preamble to the 1979 proposal (44
     FR 75933), the Agency stated that
     granular activated carbon (GAG)
     treatment is not a demonstrated
     technology in this industry. The Agency
     also stated that toxic pollutant removal
     generally increases with the use of GAG.
     However, because the levels of toxic
     pollutants after HPT treatment are so
     low. additional pollutant reduction
     across GAG treatment would be
     minimal. Difficulties in quantifying
     pollutant reductions were experienced
     when the Agency conducted six pilot
     plant (Testability studies using GAG on
     BPT-treated wastewaters in this
     industry. See 44 FR 75930. EPA is not
    ' aware of any petroleum refinery
    • presently using this technology.
     Although this technology is used in
     other industries, EPA has no adequate
     data to indicate that this technology is
     capable of being transferred to the
     petroleum refining industry. For the
     foregoing reasons  the Agency rejected
     Option 5 for this industry.
       The Agency rejected BAT Option 6, a
     zero discharge requirement: (1) Because
     of its high capital and operating costs.
     including significant retrofit
     expenditures; and (2) because analysis
     of the zero discharge technologies
     revealed that significant non-water
     quality impacts would result from  their
     use. These non-water quality impacts
     include generation of large amounts of
     solid waste and very high energy
     consumption.
       BAT Option 7 is the revision of
     regulatory Option 2. and is based upon a
     discharge flow rsduction of 37 S percent
    'from the revised 1979 model flow. The
     Agency revised the costs to implement
     Option 7 recycle and reuse technologies.
     An estimated capital coat of S112 million
     dollars and S37 million dollars annually
     would be required for refiners to comply
     with Option 7 (1979 dollars). The
     Agency's analysis  of available data
     shows that implementation of Option 7
    would remove 110.000 pounds of toxic
     pollutants annually beyond BPT
     treatment levels, which is equivalent to
     an additional l.S percent [beyond BPT
     treatment levels] of toxic pollutants
     from raw wastewaters. This translates
     into an additional removal beyond BPT
    of approximately two pounds of toxic
    pollutants per day, per direct discharge
    refinery. The Agency believes, that
    given all of these factors, the costs
     involved do not warrant selection of
     Option 7 for this industry.
       BAT Option 8 is a revised version of
     Option 1 reduction of 20 percent from
     the revised 1979 model flow. The
     Agency has not performed a detailed
     cost analysis for Option 8 but rather has
     estimated such costs based upon the
     costing procedure developed for Option
     7. (Option 7 is the revision of the
     regulatory Option 2 selected in the 1979
     proposal]. The Agency's analysis of
     available data shows that
     implementation of Option 8 would
     remove an additional 80.000 pounds of
     toxic pollutants annually beyond BPT
     treatment levels, which would be an
     additional one percent (beyond BPT
     treatment levels) of toxic pollutants
     from raw wastewaters at a capital cost
     of S77 million dollars and an annual cost
     of S25 million (1979 dollars]. This
     translates into an additional removal
     beyond BPT of 1.3 pounds of toxic
     pollutants per day, per direct discharge
     refinery. The Agency believes that given
     all these factors, the costs involved do
     not warrant selection of Option 8 for
     this industry.
      Option 9 is based upon the same flow
     model and subcategonzation scheme
     that were used for developing the BPT
     regulations promulgated by the Agency
     in 1974. A process classification system
     was used to divide the industry into five
     subcategones. A procedure was
     developed to establish effluent
     limitations for each subcategory. The
     resulting limits were defined in terms of
     a quantity of pollutant per unit of
     feedstock (mass allocation), and were
     derived by multiplying a predicted
     was"tewater flow per unit of production
     times an achievable effluent
     concentration for each pollutant. A flow
     modeling approach, Ijaied on process
     configuration, was used to predict
     expected waste water flow for an
     individual refinery, and is referred to as
     the "BPT flow model".
      Option 9 was selected by the Agency
     as the basis for the final BAT
     regulations. Considering the limited
     pollutant reduction benefits associated
     with Options l through 8. the inability  to
     quantify nonconventional pollutant
     reduction via Options 1 through 8. the
     costs involved of going beyond the BPT
     level of control, and the 96 percent
     reduction in toxic pollutant loadings
     achieved by BPT. the Agency has
     determined that the BAT should be
     equivalent to the BPT level of control for
     this industry.
    B. New Source Performance Standards
    (NSPS)
      NSPS were promulgated by EPA on
    May 9,1974 (29 FR 16560) and are
     currently in effect. The Agency is
     retaining the existing NSPS.
       1. Control Treatment Options for
     NSPS. The control and treatment
     technology options that EPA
     investigated for use in this industry for
     NSPS are presented below. Options 1
     through 3 were considered in
     formulating the proposed rule and were
     based upon the 1979 flow model. Option
     4. the existing NSPS level of control.
     was reconsidered after publication of
     the proposed rule as a result of the
     public comments and is based upon the
     1974  flow model.
       Option 1—Discharge flow reduction of
     52 percent from model How,  achieved
     through greater reuse and recycle of
     wastewaters. in addition to BPT
     treatment. This option is equivalent to
     BAT Option 2.
       Option 2—Discharge flow reduction of
     27 percent from model flow, achieved
     through greater reuse and recycle of
     wastewaters in addition to BPT
     treatment, plus use of granular activated
     carbon to reduce residual organic toxic
     pollutants. This option is equivalent to
     BAT  Option 5.
       Option 3—Zero discharge of
     wastewater pollutants.
       Option 4—Discharge flow reduction of
     from  25 percent to 50 percent of average
     BPT flow, depending upon subcategory,
     achieved through greater reuse and
     recycle of wastewaters in addition to
     BPT treatment. This option, which is
     based upon the 1974 flow model and
     1974 subcategonzation scheme, is the
     existing NSPS.
       2. Technology Basis for the NSPS
     Regulation, [a) NSPS Limits: EPA is
     retaining the existing NSPS which are
     based on recycle and reuse technology
     resulting in pollutant reductions that
     range from 25 to 50 percent beyond BPT
     removals, depending upon  the
     subcategory. Regulated pollutants for
     NSPS are BOD5,  total suspended solids.
     chemical oxygen demand, oil and
    grease, total phenols (4AAP), ammonia
     (N), sulfide, total chromium, hexavalent
     chromium, and pH.
     1 (b) Changes from Proposal: The
    proposed NSPS regulation was  bused  on
    Option 3. Upon revaluation of the
    existing data base and evaluation of
    comments received on (he proposed
    regulation. EPA has decided not to
    revise the existing NSPS.
      Option 3, zero discharge, was refected
    for the following reasons. First, it
    generates'sigmficant adverse non-water
    quality environmental  impacts.
    including the production of large
    amounts of solid waste and high energy
    consumption. Second. EPA estimates
    that the  annual costs of achieving zero
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               Federal Register / Vol. 47. No. 201 /  Monday.  October 18.  1982 / Rules and  Regulations     46439
     discharge are extremely high, especially
     in geographical areas of low
     evapotranspiration which requires
     energy intensive forced evaporation
     techniques. It would cost an estimated
     $4.6 million (1979 dollars) annually for a
     150.000 barrels per day new source of
     refinery in the cracking subcategory to
     comply with a zero discharge
     requirement. Third, only marginal
     additional water pollution reduction
     benefits would be achieved beyond the
     existing NSPS requirement. The
     quantities of pollutants that would be
     removed daily are 2.46 pounds of total
     phenols (4AAP), 3.9 pounds of
     hexavalent chromium. 6  pounds of total
     chromium. 308 pounds of total
     suspended solids, and 381 pounds of
     BOD5. EPA believes that the high costs
     of implementing such requirements
     would raise senous banners to any
     decision involving construction of a new
     source refinery.
    
     Other Options Considered
      NSPS Option 1 is equivalent to
     proposed BAT Option 2.  The technology
     for this option is the same as that for the
     existing NSPS regulations—wastewater
     recycle and reuse technologies, in
     addition to BPT end-of-pipe treatment.
     The Agency compared effluent
     reductions achievable by existing NSPS
     and this option. The analysis was
     performed on a model greenfield new
     source refinery (190,000 bbl/day). which
     is classified as a "Subcategory B"
     refinery as defined by the existing
     regulation ("cracking"). This model
     refinery was configured to correspond
     with demand growth forecasts published
     by the Department of Energy (See the
     Economic Analysis document.) This
     comparison concluded that effluent
     reductions resulting from existing NSPS
     and this option are comparable. The
     costs to implement this option are
     comparable to the existing NSPS. Non-
     water quality environmental impacts
     and energy requirements are also
     comparable to existing NSPS.
     Accordingly, there would be no benefit
     in revising the existing NSPS option.
      NSPS Option 2 is equivalent to
     proposed BAT Option 5. which is based
     on granular activated carbon (GAC)
     treatment as an end-of-pipe  technology.
     For the reasons slated in the above
    discussion on BAT Option 5. the Agency
    believes that GAC treatment is not a
    demonstrated technology for this
    industry. Accordingly, the Agency
    rejected Option 2 for this industry.
      NSPS Option 4. is the existing NSPS
    level of control. It consists of recycle
    and reuse technologies to achieve flow
    reduction of from 25 to 50 percent of
    average BPT flow, depending upon the
      subcategory. For the reasons discussed
      above, after careful consideration of the
      options proposed in 1979. together with
      the public comments received, the
      Agency finds no reason for revising
      current NSPS. Accordingly, the existing
      level of NSPS. Option 4. is retained.
    
      C. Final Pretreatment Standards for
      Existing Sources (PSES)
       Interim final PSES was promulgated
      by the Agency on March 23.1977 (42 FR
      15684) and is currently in effect.
      Regulated pollutants are oil and grease
      (100 mg/l) and ammonia-N (100 mg/1)
      each on a daily maximum basis. EPA is
      retaining the existing PSES regulation.
      with one modification. An alternative
      mass limitation for ammonia(N) is
      provided for  those indirect dischargers
      whose discharge to the POTW consists
      solely of sour waters.
       1.  Control Treatment Options
      Considered. The control and treatment
      options that EPA investigated for PSES
      in this industry are presented below.
      Options 1 and 2 were considered m
      formulating the proposed rule. Option 3.
      the existing PSES level of control, was
      reconsidered after publication of the
      proposed rule as a result of public
      comments received on it. As a result of
      public comments, Option 3 also contains
    '  an alternative mass limitation for
      ammonia(N).
       Option 1—Chromium reduction by pH
      adjustment, precipitation and
      clarification technologies applied to
      segregated  cooling tower blowdown.
      plus  control of oil and grease and
      ammonia at the existing PSES level of
      control.
       Option 2—Establish two sets of
      pretreatment standards. The first would
      be Option 1 control for refineries
      discharging to POTW with existing or
      planned secondary treatment. The
      second would be Option 1 control plus
      treatment for total phenols based on
      biological treatment for those refineries
     discharging to a POTW that has been
     granted a waiver from secondary
      treatment requirements under Section
     301(h) of the Act. EPA's proposed
     pretreatment  standards for existing
     sources were based on this option. For a
     further discussion see the 1979 proposed
     petroleum refining regulation at 44 FR
     7S935.
       Option 3—Reduction of oil and grease
     and ammonia based on oil/water
     separation and steam stripping
     technologies. This option is the  basis for
     the existing interim final PSES
     regulation. An alternative mass
     limitation for  ammonia(N) is included
     for those indirect dischargers whose
     discharge to the POTW consists solely
     of "sour" waters. Sour waters generally
     result from water brought into direct
     contact with a hydrocarbon stream, and
     contain sulfides. ammonia and phenols.
     The Agency developed an alternative
     mass limitation for ammonia in response
     to public comments received on the
     proposed regulation. Several
     commenters indicated that, when the
     refinery discharge to the POTW consists
     solely of sour waters, the achievement
     of the 100 mg/1 ammonia concentration
     limitation is often not possible. This is
     because steam stripping technology, the
     basis for the limitations, cannot
     consistently reduce ammonia in sour
     water streams to the 100 mg/1 level.
     Thus, an equivalent mass  limitation for
     ammonia was developed by the Agency.
       2. Technology Basis for  the Final
     PSES Options, (a) Final PSES Limits:
     EPA is retaining the existing PSES
     regulation. Regulated pollutants are oil
     and grease and ammonia(N). each
     limited at 100 mg/1 on a daily maximum
     basis. An alternative mass limitation for
     ammonia-N is also provided as
     described above.
       (b) Changes from Proposal: The
     proposed regulation was based on
     Option 2 for the PSES control level. EPA
     has rejected Option 2 because it now
     believes that it is not feasible ana* that it
     would be inappropriate to  establish
     national pretreatment standards that
     take into account whether  a discharger
     uses a POTW which has received a
     301 (h) waiver. Rather, the need for more
     rigorous pretreatment controls should be
     resolved on a case-by-case basis during
     ihe Section 301 (h) waiver process. This
     is because the level of treatment
     proposed by Section 301(h) applicants
     var.es considerably, and the Section 301
     (h) process entails the consideration of
     site-specific toxic pollutant problems.
       Options 1 and 2 as proposed also
     would have established a chromium
     limitation for PSES.  This limitation was
     proposed to avoid concentration of
     chromium m POTW sludge. At the time
     of proposal, the Agency believed such
     concentrations would limit a POTW's
     use or management alternatives of the
     sludge. Based upon review  of existing
     information and  analysis of public
     comments on  the proposal. EPA has
     determined that this rationale is not
     valid on a nationwide basis. For this
     industry, chromium levels in sludge  from
     POTW receiving petroluem refinery
     wastes generally do not impact on
     sludge disposition or alternatives  for
     use. There are  no Section 405 sludge
    standards directed at concentrations of
    chromium in the sludge. Accordingly.
    EPA has determined that the better
    approach is to  leave it to :he POTW to
    establish chromium pretreatment
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    46440     Federal  Register / Vol. 47. No.  201 / Monday. October i8. 1982 /  Rules and Regulations
    standards for existing sources if refinery
    waste would limit their sludge disposal
    alternatives. The general pretreatment
    regulations specifically provide POTWs
    with this authority. (See 40 CFR  403.5).
      EPA has investigated whether toxic
    pollutants "pass through" a POTW. The
    Agency generally considers (hat there is
    pass through of a pollutant if the percent
    of the pollutant removal by a well-
    operated POTW achieving secondary
    treatment is less than the percent
    removed by the BAT model treatment
    technology. Under this approach.
    chromium passes through a POTW. The
    Agency's BAT model treatment system
    removes 86 percent of the chromium
    while a well-operated POTW achieving
    secondary treatment removes 65 percent
    of the chromium. In addition, under this
    approach the toxic pollutants identified
    in Appendix D—Parts II/III of this
    Federal Register notice may pass
    through a POTW.
      As discussed under BAT Option 4
    above, the Agency found it infeasible in
    many instances to segregate cooling
    tower blowdown for chromium
    treatment on an industrywide basis.
    Accordingly. EPA has determined that
    implementation of Option 1 for PSES is
    not achievable on an industry-wide
    basis. As an alternative, treatment of
    the combined refinery waste stream for
    chromium removal would require
    installation of most if not all of the BPT
    treatment train. Installation of such
    treatment for all indirect dischargers
    would cost an estimated SI 10 million in
    capital costs, with a total annual cost of
    $42 million in (1979 dollars). The Agency
    did not propose requiring installation of
    BPT-type treatment on an industrv-wide
    basis for indirect disr hargers. EPA did
    not receive any comments during the
    public comment pen: d suggesting such
    a requirement. For the foregoing
    combination of reasons, and given the
    costs involved. EPA does not believe
    installation of the BPT treatment train
    for chromium removal for indirect
    dischargers is warranted.
      The toxic pollutants listed m
    Appendix 0 of this preamble were
    detected in petroleum refinery waste
    streams that are discharged to POTWs.
    The Agency has decided not to establish
    PSES for these toxic pollutants in this
    industry for the following reasons:
      The pollutants listed in Part I and Part
    II of Appendix  0 are excluded from
    national regulation in accordance with
    Paragraph 8 of the Settlement
    Agreement because either they were
    found to be susceptible to treatment by
    the POTW and do not interfere with.
    pass through, or are not otherwise
    incompatible with the POTW. or the
     toxicity and amount of incompatible
     pollutants are insignificant.
      The pollutants listed in Part III of
     Appendix 0 are excluded for several
     reasons in accordance with Paragraph 8
     of the Settlement Agreement. First, there
     is significant removal of some of these
     pollutants by the existing oil/water
     separation technology used to comply
     with the pretreatment standard for oil
     and grease. Second, there is significant
     removal of these pollutants by the
     POTW treatment processes by air
     stripping and biodegredation. Third, the
     amount and toxicity of these pollutants
     does not justify developing national
     pretreatment standards.
    
     D. Final Pretreatment Standards for
     New Sources (PSNS}
      PSNS was promulgated bv the Agency
     on May 9.1974 (39 FR 16560) and is
     currently m effect. Pretreatment
     Standards for incompatible pollutants
     are equivalent to NSPS.
      1. Control Treatment Options
     Considered. The control and treatment
     options that EPA investigated for PSNS
     in this industry are the same as those
     presented for PSES. as described above.
     Option 1 was selected as the basis for
     PSNS. As a result of public comment.
     the final PSNS contains an alternative
     mass  limitation for ammoma(N).
      Option 1—Chromium reduction by pH
     adjustment, precipitation and
     clarification technologies applied to
     segregated cooling tower blowdown.
     plus control of oil and grease and
     ammonia to 100 mg/1 each.
      Otion 2—Establish t\\o sets of
     pretreatment standards as for PSES
     Option 2.
      2. Technology Basis for the Final
    PSNS. (a) Final PSNS Limits: EPA is
     promulgating PSNS equivalent to Option
    1. Regulated pollutants are oil and
    grease and ammoma(N). each limited at
    100 mg/1. on a daily maximum basis.
    and total chromium at the equivalent of
    1 mg/1 for the cooling tower discharge
    part of the total refiner}* flow to the
    POTW. An alternative mass limitation
     for ammonia(N) is also provided, as
    described above for PSES.
      (b) Changes from Proposal: The final
    PSNS limits are equal to Option 1. the
    option selected at proposal. Chromium
    was selected for regulation for PSNS
    because: (1) It was determined to "pass
    through" POTWs as described  above;
    (2) treatment technology is available
    and demonstrated; and (3) there are no
    retrofit problems or retrofit costs
    involved with implementing Option 1.
      Alternative mass limitations for
    ammonia(N) are also provided, as
    discussed previously
       Pretreatment costs for a typical new
     source refinery arc estimated to be
     5260,000 in capital costs and S190.000 in
     annual costs (1979 dollars).
    
     VI. Gusts and Economic Impacts
    
       Executive Order 12291 requires EPA
     and other agencies to provide regulatory
     impact analyses for rules that result in
     an annual cost to the economy of 100
     million dollars or more or that meet
     other economic impact criteria. In
     addition, the Clean Water Act specifies
     that the Agency should consider the
     costs and economic impacts in
     establishing effluent limitations and
     standards. The Agency does not
     consider this final regulation to be a
     major rule. This rulemakmg satisfies the
     requirements of the Executive Order for
     a non-major rule.
      The economic impact assessment is
     presented in Economic Impact Analysis
     of Proposed Revised Effluent
     Limitations for the Petroleum Refining
     Industry (EPA). Copies of the analysis
     can be obtained by contacting the
     National Technical Information Service.
     5282 Port Royal Road. Springfield. VA
     22161 (703/487-4600).
    
     BAT/'PSES
    
      EPA is making substantial changes to
     the regulations that vveie proposed m
     December 1979. The limitations
     promulgated today for existing sources
     do not reflect any treatment
     requirements beyond BPT for existing
     direct dischargers. For indirect
     dischargers the PSES promulgated today
     is no more stringent than existing
     pretrealment  standards already m
     effect. Accordingly. EPA expects no
     incremental costs or impacts for existing
     plants from this nilemakmg.
    
    NSPS
    
      EPA is not imposing any more
    stringent NSPS by today's action.
    Accordingly, today's action will not
    affect the rale of entry of new refineries
    into the industry. Moreover. EPA does
    not expect the NSPS promulgated in
    1974 to change the rate of entry or
    growth of the  industry. The Agency
    expects that if a firm decides to bring a
    nuw refinery on line, the control costs
    that will be required to meet these
    standards are relatively small compared
    to the total cost required to start a
    greenfield operation. The current
    economic analysis was based on a
    190.000 barrel per day refinery with a
    configuration  appropriate for production
    of gasoline, distillate fuels and
    petrochemical feedstocks. There would
    essentially be no additional investment
    required for meeting the current
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               Federal Register / Vol. 47. No.  201 / Monday. October  18. 1982 / Rules  and  Regulations     46441
    standard beyond the BPT level of
    control. This is because the "add-on"
    recycle technology for the existing NSPS
    can be incorporated in the water supply.
    use. and treatment systems during
    planning and construction of the new
    source. Therefore, this regulation is
    expected to have negligible economic
    effects on the industry.
      Due to significant changes  in the
    world market for refined petroleum
    products, however, the Agency does not
    anticipate any new sources within the
    petroleum refining category through
    1990. A refinery can be a new source if it
    is a "greenfield site" or if modification
    of an existing plant is extensive enough
    to be "substantially independent" of an
    existing source. (See 45 FR 59343.
    September 9.1980.) The Agency expects
    that in the latter case the control costs
    that would be required to meet these
    standards would be less than the cost in
    the case of a greenfield operation.
    
    PSNS
      EPA believes  that for indirect
    dischargers the PSNS promulgated
    today is no more stringent than existing
    PSNS. Under the existing PSNS
    chromium was subject to regulation on  a
    case-by-case basis along with other
    pollutants. The Agency expects that if a
    firm decides to bring a new indirect
    discharger on line, the control cost that
    will be required to meet these standards
    are relatively minor compared to the
    total investment cost for a new refinery
    and would not pose a banner to entry.
    The Agency believes that where an
    existing refinery is modified so that it is
    considered a new source, the costs for
    chromium treatment would not be
    greater than  the costs for a greenfield
    refinery and the cost of chromium
    treatment would not be a significant
    factor in the  decision to modify that
    refinery.
      Public Law 96-334 requires that a
    Regulatory Flexibility Analysis (RFA) be
    prepared for regulations proposed after
    January 1.1981 that have a significant
    effect on a substantial number of small
    entities. This regulation was proposed
    on December 21.1979. Therefore, a
    Regulatory Flexibility Analysis is not
    required. The Agency does not believe
    that this regulation will have a
    significant impact on a substantial
    number of small entities
    
    VII. Non-Water Quality Environmental
    Impacts
      Eliminating or reducing one form of
    pollution may cause other
    environmental problems. Sections 304(b)
    and 308 of the Act require EPA to
    consider the non-water quality
    environmental impacts (including energy
    requirements) of certain regulations. In
    compliance with these provisions, we
    considered the effect of this regulation
    on air pollution, solid waste generation.
    water scarcity, and energy consumption.
    This regulation was circulated to and
    reviewed by EPA personnel responsible
    for non-watec quality programs. While it
    is difficult to balance pollution problems
    against each other and  against energy
    use. we believe that this regulation will
    best serve often competing national
    goals.
      The following non-water quality
    environmental impacts (including energy
    requirements) are associated with the
    final regulation. The Administrator has
    determined that the impacts identified
    below are justified by the benefits
    associated with compliance with the
    limitations and standards.
    
    A. Air Pollution
      The petroleum refining regulations
    will not result in any additional  air
    quality impacts beyond those from
    compliance with existing regulations.
    B. Solid Waste
      The petroleum refining regulations
    will not result in  any additional  solid
    waste impacts beyond those from
    compliance with  existing regulations.
    
    C. Consumptive Water Loss
      The petroleum refining regulations
    will not result in  any additional  water
    consumption beyond that from
    compliance with  existing regulations.
    D. Energy Requirements
      The petroleum refining regulations
    will not result in  any additional  energy
    requirements  beyond those for
    compliance with  existing regulations.
    
    VIII. Pollutants and Subcatcgories Not
    Regulated
      The Settlement Agreement contains
    provisions authorizing the exclusion
    from regulation, in certain
    circumstances, of toxic  pollutants and
    industry categories and subcategones.
    A. Exclusion of Pollutants
      Paragraph 8(a)(iiO of  the Settlement
    Agreement authorizes the Administrator
    to exclude the following toxic pollutants
    from regulation: (a) Those not delectable
    by Section 304(h) analytical methods or
    other state-of-the-art methods: (b) those
    present in amounts too small to be
    effectively reduced by available
    technologies: (c) those present only in
    trace amounts and neither causing nor
    likely to cause toxic effects: (d) those
    detected in the effluent  from only a
    small mumber of sources within  a
    subcategory and  uniquely related to
     those sources: and (e) those that will be
     effectively controlled by the
     technologies on which other effluent
     limitations and standards are based.
      The toxic pollutants excluded from
     regulation in all subcategones because
     they were not detectable by Section
     304(h) analytical methods or other state-
     of-the-art methods are listed in
     Appendix A for direct dischargers and
     Appendix B for indirect dischargers
      The toxic pollutants that will be
     effectively controlled by the
     technologies on which other effluent
     limitations and standards are based are
     listed in Appendix C for direct
     dischargers.
    
     B. Exclusion of Subcalegones
      Paragraph 8(b) of the Settlement
     Agreement authorizes the Administrator
     to exclude from regulation a category if:
     (i) 95 percent or more of all point
     sources in the subcategory introduce
     into POTWs only pollutants which are
     susceptible to treatment by the POTW
     and which do not interfere with, do not
     pass through, or are not otherwise
     incompatible with such treatment
     works: or (ii) the toxicity and amount of
     the incompatible pollutants introduced
     by such point sources into POTWs is so
     insignificant as not to justify developing
     a pretreatment regulation. The
     pollutants excluded under Paragraphs
     8(b)(i). 8(b)(ii). and 8(a) are listed in
     Appendix 0 for indirect dischargers-.
    
     IX.  Responses to Major Comments
      This section contains responses to
     those issues raised in a large number of
     the  comments received and which affect
     all subcategones. The original
     comments and a summary of the
     comments received and our detailed
     responses to all comments are included
     in a report "Responses to Public
     Comments, Proposed Petroleum Refining
     Effluent Guidelines and Standards".
     which is included in the public record
     for this regulation.
      Most of the commenters criticized the
     need for further control beyond existing
     BPT and NSPS and the alleged technical
     inadequacy of data to support the
     proposed regulations. Since the Agency
     has decided to promulgate BAT
     equivalent to BPT retain the existing „•
    NSPS and retain the existing PSES
     regulation (with an alternative mass
     limitation provided for ammonia (N)).
    EPA believes it unnecessary to address
     in detail many of the comments in this
     preamble. A brief summary of
    significant comments received by the
    Agency, together with the Agency's
    responses, is set forth below:
    A. Regulation Beyond the BPT Level
      Many of the commenters indicated
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     .46442  -   Federal Register  /  Vol. 47.  Nu. 201  /  Monday.  October 18.  1982 / Rules and  Regulations
     that further control beyond BPT is
     unwarranted since BPT technology
     already reduces significant quantities of
     toxics.
       The Agency agrees with the
     commenters thai BPT technology
     already removes significant quantities of
     toxic and other pollutants and is thus
     promulgating BAT equal to BPT. One of
     the many factors considered in
     formulating the final rule are the very
     low pollutant levels in BPT effluents and
     the overall effectiveness and efficiency
     of the treatment systems already in
     place in removing  toxic and other
     pollutants.
       Other commenters argued for BAT to
     be promulgated at  the proposed BAT
     JeveJ or a more stringent level, including
     zero discharge or separate treatment of
     cooling water discharges. The reasons
     fur not adopting levels of treatment are
     discussed in Section V above.
       The proposed requirement for
     separate treatment of cooling tower
     blowdown for existing dischargers was
     not adopted as a result of public
     comments received. In addition, the
     Agency performed  a study which
     evaluated the cost  and feasibility of
     implementing recycle and reuse
     technologies. The study (Recyde/Reuse
     Study referenced in Section IV)
     indicated that the collection of all the
     cooling tower water is infeasible in
     many existing refineries because of
     leaks and auxiliary uses and thus
     supports the Agency's decision not to
     impose this requirement.
       Several commenters argued that the
     proposed zero discharge requirement for
     new sources has questionable effluent
     reduction benefits and the Agency did
     not consider the benefit/cost ratio of
     zero discharge. The factors that led to
     the Agency's decision to retain the
     existing NSPS are discussed m Section
     V.
     B. Pretreatment Standards for POTW
     wnh§301(h) Waivers
       Some commenters argued that EPA
     has no authority to  establish more
     stringent pretreatment standards for
     refineries that discharge to POTW with
     Section 301 (h) waivers.
      Although the Agency does not agree
     with these commenters. we have
    decided to change the proposed
    approach and establish one set of
     prelreatment standards for all indirect
    dischargers in this industry. This
    industrial category  is the only one for
    which EPA proposed separate
    pretreatment standards for indirect
    dischargers whose wastes go to POTWs
    with § 301(h] waivers. The Agency
    would like to gam more experience with
     5 3Olfh) applicants  before considering a
     two-tier pretreatment requirement.
     Added experience will enable the
     Agency to decide whether control of
     toxics should be effectuated through
     requirements imposed on POTW during
     Ihe 9 301 (h| waiver process or by
     revised pretrealmeoj standards.
     C Pretrfalment Standards for Hydrogen
     Sulfide and fvlercaptans
       A few commenters indicated that
     hydrogen sulflde and mercaptans can
     cause damage to thp wastewater
     collection systems and can cauae
     significant odor problems at the
     treatment plant  if not removed.
     Pretreatment standards were
     recommended.
       Pretreatment standards adopted today
     limit ammonia to 100 mg/1. The
     technology for control of ammonia is
     steam stripping, the same technology
     required for sulfide removal. The
     Agency therefore believes that the
     technology for control of ammonia will
     also control sulfide and therefore that it
     is not necessary to establish separate
     pretreatment standards for sulfide.
     Mercaptans were not found to be a
     problem warranting national regulation.
     Any POTW experiencing problems
     caused by mercaptans should impose
     the appropriate pretreatment standards
     on a case-by-case basis.
     D. Total Phenol (4AAP)
       Several commenters indicated that
     EPA has incorrectly assumed that total
     phenols as determined by the 4-
     ammoantipyrine method (4AAP) is a
     toxic pollutant in this industry.
      The Agency agrees. Total phenols
     (4AAP) measures many compounds.
     including the phenolic compounds that
     are on the Agency's list of priority
     pollutants. Because the 4AAP method
     measures more compounds than just the
     GC/MS compounds, it does not provide
     an accurate quantification of the toxic
     pollutant phenol (GC/MS). Thus, total
     phenols (4AAP) is considered a non-
     conventional pollutant for this industry.
     E. Regulation of Toxic Organics
      It was argued that EPA should
     promulgate effluent limitations
    guidelines for specific toxic pollutants
    such as methylene chloride, carbon
    letrdchlonde. mercury, ethylbenzene,
    naphthalene. 2-4 dimethylphenol.
    benzene, and toluene.
      The Agency  has concluded that the
    levels of these pollutants detected in
    this industry do not warrant industry-
    wide regulation. Mercury was  found in
    effluents from BPT treatment systems
    during the Agency's sampling programs
    at an average concentration of less than
    1 pob. Methylene chloride was detected
    in BPT effluents, but is a contaminant
    inherent m the analyses of organic
     compounds. Thus, it is difficult to
     determine the amounts discharged by
     refinery operations. Ethylbenzene.
     naphthalene. 2.4-dimethylphenol.
     benzene, toluene, and carbon
     tetrachloride were either not detected i>
     BPT treated wastewalers.or were
     present at average concentrations that
     were at or less than the level of
     quantification, which is nominally 10
     ppb.
     F. Indicator and Surrogate Pollutants.
       Comments were received from
     industry and private citizens on the
     possible use of indicator or surrogate
     pollutant limitations. Most of the
     comments were not favorable. The
     industry commenters argued that
     indicator limrtations, if necessary.
     should be developed on a case-by-case
     basis. Industry also questioned the use
     of total organic carbon (TOG], chemical
     oxygen demand (COO), and BPT-limited
     pollutant parameters as indicators for
     toxic pollutants because the
     concentration of toxics are several
     orders  of magnitude smaller than that of
     such traditional pollutants. The private
     citizens felt that the Agency should limit
     the toxics directly instead of relying on
     indicators. Additionally, many
     commenters pointed out the difficulty in
     using the BPT pollutant parameters as
     indicators of toxic pollutants. .
       In the Solicitation of Comments
     section of the preamble to the 1979
     proposal (40 FR 45941). the Agency
     requested comments on the possibility
     of regulating toxic pollutants with
     limitations on indicator pollutants.
     While EPA recognizes that the
     relationship between "indicator" and
     loxic pollutants may not be quantifiable
     on a one-to-one basis, we believe
     control of the "indicator" pollutants
     would reasonably assure control of
     toxic pollutants with similar physical
     and chemical properties.
       Subsequent to (he 1979 proposal, the
     Agency conducted a sampling program
     at two refineries for a period of sixty
     days to determine whether an indicator/
     surrogate relationship existed between
     the BPT pollutant parameters and the
     toxics. The results of the study confirm
     the difficulties of using such parameters
     and indicates that a statistically
     significant correlation between
     candidate surrogate/indicator
     parameters and toxic pollutant
     parameters does not exist for this
     industry. The Agency, therefore, decided
     nut to issue limitations  for indicator or
     surrogate pollutants in this rule.
      Specific toxic pollutants other than
    chromium are not regulated by today's
    rule fur reasons presented in Sections V
    and VIII of this preamble.
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               Federal Register /  Vol. 47.  No. 201  / Monday. October 18. 1982  / Rules  and  Regulations     46443
    G. New Source Construction
       It was argued that there is no basis for
    EPA's statements that no new refineries
    will be enlenng the industry.
    Commenters stated that new refinenes
    are currently being planned, such as the
    one in Portsmouth. Virginia.
       The U.S. refining industry has
    experienced a dramatic reversal of
    historical growth trends as a result of
    the reduction in consumption of
    petroleum products that has taken place
    since 1978. U.S. crude oil runs peaked at
    14.7 million barrels per day in the
    calendar year 1978. Runs have
    decreased each year since then reaching
    12.5 million barrels per day for the
    calendar year 1981. In early 1982  runs
    dropped to below 11.5 million barrels
    per day—representing percentage
    capacity utilizations in the low GO'S. The
    1981 DOE Annual Report to Congress
    predicts  production to regain strength to
    T4.4 million barrels per day in 1985 and
    13.4 million barrels per day by 1900. The
    Agency believes that these forecasts of
    U.S. refinery activity indicate that it is
    unlikely  that any new refinery facilities
    will be built at undeveloped sites over
    the next  decade, including the
    Portsmouth. Virginia site which has
    become uneconomical and is not
    expected to be built. However, it  will be
    necessary for U.S. refiners to modernize
    and expand downstream facilities at
    existing refinery sites to allow
    increasingly heavier and higher sulfur
    crude oils to be processed into a product
    mix which emphasizes production of the
    lighter and  higher quality products that
    will be demanded by the marketplace.
    This modernization process is not
    expected to be sufficiently independent
    to be considered a new source.
    X. Best Management Practices
      Section 304(e) of the Clean Water Act
    gives the Administrator authority to
    prescribe "best management practices"
    (BMPs).
      Although EPA is not establishing
    BMPs at  this time, we are considering
    development of BMPs specific to the
    petroleum refining industry. Numerous
    problem areas are known exist.
    including leaks and spills, storm water
    contamination, groundwater infiltration
    from storage areas and on-site solid
    waste disposal. Section VII of the
    development document describes
    possible BMP's for this industry. This
    information can guide the permitting
    agency in developing case-by-case
    BMPs for NPDES permits.
    
    XI. Upset and Bypass Provisions
      A recurring issue of concern has been
    whether industry guidelines should
    include provisions authorizing
    noncompliance with effluent limitations
     during periods of "upset" or "bypass."
     An upset, sometimes called an
     "excursion", is an unintentional
     noncompliance occurring for reasons
     beyond the reasonable control of the
     permittee. It has been argued that an
     upset provision is necessary in EPA's
     effluent limitations because such upsets
     will inevitably occur even in properly
     operated control equipment. Because
     technology based  limitations require
     only what technology can achieve, it is
     claimed that liability for such situations
     is improper. When confronted with this
     issue, courts have disagreed on whether
     an explicit upset or excursion exemption
     is necessary, or whether upset or
     excursion incidents may be handled
     through EPA's exercise of enforcement
     discretion. Compare Marathon Oil Co. v.
     EPA. 564 F. 2d 1253 [9th Cir. 1977) with
     Weyerhaeuser v. Costle. 590 F. 2d 1011
     (O.C. Cir.. 1978). and Corn Refiners
     Association, et a/, v. Costle. 594 F. 2d
     1223 (8th Cir.. 1979). See also American
     Petroleum Institute v. EPA. 540 F. 2d
     1023 (10th Cir. 1978); CPC International.
     Inc. v. Tram. 540 F. 2d 1320 (8th Cir.
     1976); and FMC Corp. v. Trow. 539 F. 2d
     973 (4th Cir. 1978).
       A bypass is an act of intentional
     noncompliance during which waste
     treatment facilities are circumvented
     because of an emergency situation. EPA
     has in the past included bypass
     provisions in NPOES permits.
       The Agency has determined that both
     upset and bypass provisions should be
     included in NPDES permits and has
     promulgated Consolidated Permit
     Regulations which include upset and
     bypass permit provisions [see 40 CFR
     122.60. 45 FR 33290. May 19. 1980). The
     upset provision establishes an upset as
     an affirmative defense  to prosecution for
     violation of technology-based effluent
     limitations. The bypass provision
     authorizes  bypassing to prevent loss of
     life, personal injury, or severe property
     damage.  Consequently, although
     pemittees in the petroleum refining
     industry will be entitled to upset and
     bypass provisions  in NPDES permits,  the
     final petroleum refining regulations do
     not address these issues.
    
     XII. Variances and Modifications
      Upon the promulgation of the
     regulations the effluent limitations for
     the appropriate subcategory must be
     applied in all Federal and State NPDES
     permits thereafter issued  to direct
     dischargers in the petroleum refining
     industry. In addition, upon
     promulgation,  the pretreatment
     limitations  are applicable to any indirect
     dischargers.
      For the BPT effluent limitations, the
    only exception to the binding limitations
     is EPA's "fundamentally different
     factors" vanance. See £ /. du Pont de
     Nemours & Co. v. Train. 430 U.S. 112
     (1977); Weyerhaeuser Co. v. Costle.
     supra. This variance recognizes factors
     concerning a particular discharger that
     are fundamentally different from the
     factors considered in this rulemaking.
     Although this variance clause was set.
     forth in EPA's 1973-1976 industry
     regulations, it is now included in the
     NPDES regulations and is referenced by
     citation in the petroleum refining or
     other industry regulations. See the
     NPDES regulations at 40 CFR Part 125.
     Subpart D.
       The BAT limitations in this regulation
     are also subject to EPA's
     "fundamentally different factors"
     variance. BAT limitations for
     nonconventional pollutants are subject
     to modifications under Sections 301 (c)
     and 301(g) of the Act. These statutory
     modifications do not apply to toxic or
     conventional pollutants. According to
     Section 301(j](l](B). applications for
     these modifications must be filed within
     270 days after promulgation of final
     effluent limitations guidelines. See 43 FR
     40895. September 13.1978.
       Pretreatment standards for existing
     sources are subject to the
     "fundamentally different factors"
     vanance and credits  for pollutants
     removed by POTW. (See 40 CFR 403.7.
     403.13: 43 FR 27736 (June 28.1978)).
       Pretreatment standards for new
     sources are subject only to the credits
     provision in 40 CFR 403.7. NSPS are not
     subject to EPA's "fundamentally
     different factors" vanance or  any
     statutory or regulatory modifications.
     See £".  /. duPont de Nemours and Co v.
     Train,  supra.
    
     XIII. Relationship to NPDES Permits
      The  BAT limitations in  this  regulation
     will be applied to individual petroleum
     refinenes  through NPDES permits issued
     by EPA or approved state agencies.
     under Section 402 of the Act. As
    discussed in the preceding section of
     this preamble, these limitations must be
    applied in all Federal and State NPDES
     permits except to extent that variances
    and modifications are expressly
    authorized. Other aspects of the
     interaction between these limitations .
    and NPDES permits a.re discussed
    below.
      One issue that warrants consideration
     is the effect of this regulation on the
     powers of NPDES permit-issuing
     authorities. The promulgation  of this
     regulation does not restrict the power of
     any permitting authority to act in any
     manner consistent with law or these or
     any other  EPA regulations, guidelines, or
                                                            199
    

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    46444     Federal  Register / Vol. 47. No. 201 /  Monday.  October 18. 1982 / Rules and  Regulations
    policy. For example, even if this
    regulation does not control a particular
    pollutant, the permit issuer may still
    limit such pollutant on a case-by-case
    basis when limitations are necessary to
    carry out the purposes of the Act. In
    addition, to the extent that State water
    quality standards or other provisions of
    State or Federal law require-limitation
    of pollutants not covered by this
    regulation (or require more stringent
    limitations on covered pollutants), such
    limitations must be applied  by the
    permit-issuing authority.
      A second topic that warrants
    discussion is the operation of EPA's
    NPDES enforcement program, many
    aspects of which were considered in
    developing this regulation. Although the
    Clean Water Act is a strict liability
    statute, the initiation of enforcement
    proceedings by EPA is discretionary.
    EPA has exercised and intends to
    exercise that discretion in a manner that
    recognizes and promotes good-faith
    compliance efforts and conserves
    enforcement resources for those who fail
    to make good-faith efforts to comply
    with the Act.
    XIV. Public Participation
      Numerous agencies and groups have
    participated during the development of
    these effluent limitations guidelines and
    standards. Following the publication of
    the proposed rules on December 21.
    1979. in the Federal Register. EPA
    provided the development document
    supporting the proposed rules to
    industry. Government agencies, and the
    public  sector for comments. Five
    technical workshops were held on the
    proposed rulemakmg. On April 9.1980.
    in Washington. D.C.. a public hearing
    was held on  the proposed pretreatment
    standards.
      The individuals and organizations
    that submitted written comments dunng
    the comment period on the proposed
    regulation are listed in Appendix A of
    this preamble.
      All comments received have been
    carefully considered, and appropriate
    changes in the regulations have been
    made whenever available data and
    information supported those changes.
    Major issues raised by commenters are
    addressed in Section IX of this
    preamble. A summary of all the
    comments received and our  detailed
    responses to all comments are included
    in a report "Responses to Public
    Comments. Proposed Petroleum Refining
    Effluent Guidelines and Standards."
    which is a part of the public record for
    this regulation. This report, along with
    the  rest of the public record, will be
    available for public review four weeks
    after the effective date in EPA's Public
     Information Reference Unit. Room 2004
     (Rear). (EPA Library). 401 M Street.
     S.W.. Washington. D.C
     XV. Small Business Administration
     (SBA) Financial Assistance
       The Agency is continuing to
     encourage small manufacturers to use
     Small  Business Administration (SBA)
     financing as needed for pollution control
     equipment. Three basic programs are in
     effect: the Guaranteed Pollution Control
     Bond Program, the Section 503 Program.
     and the Regular Guarantee Program. All
     the SBA loan programs are open only to
     businesses with net assets less than S6
     million, with an average annual after-
     tax income of less than S2 million, and
     with fewer than 250 employees.
       The guaranteed pollution control bond
     is a full faith and credit instrument with
     a tax free feature, making this program
     the most favorable. The program applies
     to projects that cost from Si50.000 to
     S2.000.000.
       The Section 503 Program, as amended
     in July I960, allows for long-term loans
     to small-and medium-sized businesses.
     These  loans are made by SBA-approved
     local development companies, which for
     the first time are authorized to issue
     Government-backed debentures that are
     bought by the Federal Financing Bank.
     an arm of the U.S. Treasury.
      Through SBA's Regular Guarantee
     Program, loans are made available by
     commercial  banks and are guaranteed
     by the SBA. This program has interest
     rates equivalent to market rates.
       For additional information on the
     Regular Guarantee and Section 503
     Programs contact your district or local
     SBA Office.  The coordinator at EPA
     headquarters is Ms. Frances Oesselle
     who may be reached at (202) 426-7874.
      For further information and  specifics
     on the Guaranteed Pollution Control
     Bond Program contact: U.S. Small
     Business Administration. Office of
     Pollution Control Financing. 4040 North
     Fairfax Drive. Rosslyn, Virginia 22203,
     (703) 235-2902.
    
     XVI. Availability of Technical
     Assistance
      The major documents upon which
     these regulations are based are: (1) 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: (2) a report
     entitled Long Term Monitoring Data
     Collection Survey for the Petroleum
    Refining Industry (public record); (3) a
     report entitled Wastewater Recycle
    Study, Petroleum Refining Industry
     (public record): (4) Economic Analysis
    of Promulgated Effluent Standards and
    Limitations for the Petroleum Refining
    industry (EPA 440/2-82/007); (5) public
    comments received by the Agency on
    the studies upon which the proposed
    regulations were based; and (6) the
    development document supporting the
    proposed regulations. A summary of the
    public comments received on the
    proposed regulation is presented in a
    report "Responses to Public Comments
    Proposed Petroleum Refining Effluent
    Guidelines and Standards", which is a
    part of the public record for this
    regulation.
      The regulation was submitted to the
    Office of Management and Budget for
    review as required by Executive Order
    12291.
    
    List of Subjects in 40 CFR Part 419
    
      Petroleum. Water pollution control.
    Waste treatment and disposal.
      Dated: September 30.1982.
    John W. Hernandez.
    Acting Administrator
    
    XVII. Appendices
    Appendix A.—Priority Pollutants Not
    Delected in Treated Effluents Discharged
    Directly, and Excluded From Regulation
      Pursuant to Paragraph 8(a)(in) of the
    Settlement Agreement, the following 98
    priority pollutants are excluded from national
    regulation because they were not detected in
    effluents from BPT treatment systems by
    Section 304(h) analytical methods or other
    state-of-the-art methods:
    EPA
    NO.
    2
    3
    5
    6
    7
    8
    10
    11
    12
    13
    14
    15
    16
    18
    19
    20
    21
    24
    26
    27
    28
    29
    32
    
    39
    36
    37
    38
    39
    
    «2
    43
    PrujMty potfuttnt
    acretatn
    ttCtytoruuito
    senudine
    carton lairaenionda
    cfiioroOQnzQne
    1 2.4-(ncniorooenzon«
    2^tcMofQ0tnm0
    i Mncfuoroeinana
    rwiachiofogifta/n
    .i-dieniore« inane
    .1 2-mcnkxoatnan*
    . 1 JJ-letraeWoroeinane
    cntofOfltri&fw
    bis(2*cnUxMthyO ether
    2-cMoroeinyfvmyl etner
    2^fliQfonioni nflione
    2 4 6-tncMareoMnol
    2-cnioreMMnoi
    t.a-OiCMo«X>8ni«rw
    1.4-acfllorotMniena
    3.T-4icnioroMnMine
    1.1-ochioreeinyiwM
    1 2-acfilofocreoane
    
    2 4.
    2 v^HtfOfOfUOflO)
    i .2-dianenyinydraxm*
    •UtyUMnzw
    fluor&ninono
    
    tn(2
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                 Federal Register / Vol. 47.  No.  201  / Monday; October 18: 1982 /  Rules and  Regulations     46445
    
    E£j^ Prtorty poUuunt
    
    
    47 bwnofo'ffl
    
    
    
    54 augnmuna
    57 2-nMpnm.
    
    
    65 pnanoi
    87 butfl baray) pmtiataM
    72 bonxof&l 8*>ifii aitvOfiff
    74 X4-a.vQOfluarwttn*vi*
    
    80 fluarvn*
    83 id0no(i J.3*4Q)p^vn«f
    88 wiyl cMondv
    69 uorwi
    90 Oattin
    91 entORSano
    92 4 4--OOT
    93 4.4-.OOE
    94 4.4-.000
    95 clpftti fltidOMjM wi
    97 andowllan wllatt
    98 •tirtrtn
    100 naeucnior
    102 tfpna-SHC
    103 bata-8HC
    104 gamma-BHC
    105 OMB4HC
    108 PC8.I242
    107 PC8-I2S4
    108 PC8-1221
    109 PCS- 1232
    110 PCS- 1248
    111 PC8.1280
    112 PC8-1018
    114 ararany IBUI)
    MS attMsioa
    
    Appendix B.— Prionty Pollutants not
    Detected in Effluents Discharged To POTWs.
    EPA
    NO,
    19
    20
    21
    22
    25
    28
    27
    28
    29
    31
    32
    33
    35
    38
    37
    41
    42
    43
    44
    45
    48
    47
    51
    12
    S3
    58
    81
    82
    83
    66
    88
    71
    74
    75
    79
    82
    83
    97
    89
    90
    91
    ' 94
    95
    97
    98
    99
    100
    101
    102
    103
    104
    108
    107
    106
    109
    110
    111
    112
    113
    114
    116
    127
    129
    Pnonty pollutant
    
    
    2.4 8-lnenlerepnonol
    PWSCftlOrOfRfltS CTflSQi1
    l.2-4cnlaroMnzen.i
    
    
    
    2.4.4naotoluana
    2.frotatreiolijana
    
    
    
    immytano cntando
    
    
    
    
    
    N-niroaodMvpropyiami
    bo(2-ainyiha*yQ pmna
    (Kvoctyl pninalaia
    
    banzoPO fluorantnarw
    d«no(i.2.3-CO)pyrm
    vmylcniantfo
    diakftn
    cniQRlano
    44-OOO
    •noooutan wtat*
    naaucHor
    Ma-BHC
    janma-BHC (kndano)
    PCB-1242
    PCP-1254
    PC8-I221
    PC8-1232
    PCB-1248
    PCS-1260
    pea-tola
    inunony lloial)
    noostn
    alow (total)
    inaitum voun
    
    
    l^_ Pifufily pnHrtint
    73 bORtotaloyrano
    84 pynjno
    88 toluana
    MS araerae
    118 aamam
    120 ooopar
    121 eyanda
    122 lead
    123 mercury
    124 nckal
    123 lalanun
    128 tfvar
    127 malBum
    128 one
    II. Pursuant to Paragraph 8(a)(m) of the
    Settlement Agreement, the following two
    priority pollutants are excluded from national
    regulation because their detection is believed
    to be attributed to laboratory analysis and
    sample contamination:
    j-gj Pnonly pollutant
    
    88 batZ-atfiyffwiyl) pntnalata
    Appendix D. — Priority Pollutants Detected in
    Effluents Discharged to POTWs. but
    Excluded From Regulation -
    1. Pursuant to Paragraph 8(b)(i) of the
    Settlement Agreement, the following 5
    priority pollutants are excluded from
    regulation because 95 percent or more of all
    point sources in the subcalegory introduce
    into POTWs only pollutants which are
    susceptible to treatment by the POTW and
    which do not interfere with, do not pass
    through, or are not otherwise incompatible
    with such treatment works:
    •j^ Prtonty odiutmt
    57 2*nitropiliflnQf
    77 acaruontnyiena
    80 Ruorm
    
    and Excluded From Regulation
      Pursuant to Paragraph 8(a)(iu) of the
    Settlement Agreement, the following 75
    priority pollutants are excluded from national
    regulation because they were not delected by
    Section 3O4(h) analytical methods or other
    state-of-the-art methods in effluents
    discharged to POTWs:
     EPA
     Ma
    Prtonty polMant
                              Appendix C.—Priority Pollutants Delected in
                              Treated Effluents Discharged Directly, but
                              Excluded From Regulation
                                I. Pursuant lo Paragraph 8(a|(iu) of the
                              Settlement Agreement, the following 25
                              priority pollutants are excluded from national
                              regulation because they are already
                              effectively controlled by technologies upon
                              which other effluent  limitations and
                              guidelines are based:
      II Pursuant to paragraph 8(b)(u) of the
    Settlement Agreement, the following 33
    priority pollutants are excluded from
    regulation because the amount and toxicity of
    each pollutant does not justify developing
    national regulations:
           U-ofcniuruainana
           l.U-tneMonMttiana
           l.ljU-lavacMoraatng
    EPA
    No.
    1
    4
    22
    23
    31
    68
    ro
    71
    Pnonty poUutam
    
    
    cNoiofoini
    dMwbuiyt oftmsiiau
    dffMftfW* BMfUlalM
    EPA
    Ma
    2
    7
    
    23
    30
    39
    
    
    
    67
    68
    Pnonty pollutant
    aeroMoi
    CMOTOOOnZBOfi
    
    cMwufUfin
    I 2 ttonniV fifc» OBOTMOIH
    Huoranttwn*
    
    
    
    butyl benzyl pmnalaif
    dM^euiyi pnthciflta
                                                                  201
    

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    46446     Federal Register  / Vol. 47. No. 201 /  Monday, October 18.  J982  / Rules  and Regulations
    EPA
    No.
    TO
    72
    ra
    9*
    89
    92
    n
    98
    109
    IIS
    117
    118
    120
    t21
    122
    123
    124
    121
    Priori* poauura
    atom* pMMUM
    BOTO|I IMVMOWW
    cfityV0nv
    pyran*
    ridrtn
    M'-ODT
    4.4M30E
    MstndosMn
    MUBHC
    mane
    Mtyttjm
    CeMIHMftl
    copper
    cm*
    nod
    mreuy
    rack*
    one
      UL Punuanl to Paragraphs 8(aj(iii). 3(a)(iv).
    and 8(b) of the Selltement Agreement the
    following 12 priority pollutants are excluded
    from regulation for a combination of reasons.
    First, there is significant removal of some of
    these pollutants by the existing pretreatment
    standards for oil and grease; second, there is
    significant removal of all these pollutants by
    the POTW treatment system: and thirdly, the
    amount and toxicity of the pollutants does
    not justify developing national pretreatmenl
    standards.
     EPA
     No.
        1
        4
       34
       38
       M
       55
       SB
       »
       «s
       78
       81
    Plumy pofcinnt
    Appendix E.—Abbreviations. Acronyms and
    Other Terms Used in This Notice
    Act—The Clean Water Act
    Agency—The U.S. Environmental Protection
        Agency
    BAT—The best available technology
        economically achievable, under Section
        304(b](2)(B) of the Act
    BCT—The best conventional pollutant
        control technology, under Section
        304(b](4) of the Act
    BMP—Beat management  practices under
        Section 304(e] of the  Act
    BOD5—Five day biochemical oxygen demand
    BPT—The best practicable control technology
        currently available, under Section
        304(b)(l] of the Act
    COD—Chemical oxygen  demand
    Clean Water Act—The Federal  Water
        Pollution  Control Act Amendments of
        1972 (33 U.S.C 12S1 el aeq.l, as amendeo
        by the Clean Water Act of 1977 (Pub. L.
        95-217)
    Direct discharger—A facility which
        discharges or may discharge pollutants
        into waters of the United States
     Indirect discharger—A facility which
         discharges or may discharge pollutants
         into a publicly owned treatment works
     kg/m *—Kilograms per cubic meter
     Ib/bbl—Pounds- per barrel (one barrel equals
         42 gallons)
     mg/1—Milligrams per liter
     NPDES permit—A national pollutant
         discharge elimination system permit
         issued under section 402 of the Act
     NSPS—New source performance standards.
         under section 304 of the Act
     ppb— Parts per billion
     POTW—Publicly owned treatment works
     PSES—Pretreatment standards for existing
         sources of indirect discharges, under
         section 307(b) of the Act
     PSNS—Pretreatment standards for new
         sources of direct discharges,  under
         section 307 (b) and (c) of the  Act
     RCRA—Resource Conservation and
         Recovery Act (Pub. L. 94-580) of 1976.
         Amendments to Solid Waste Disposal
         Act
     TOC—Total organic carbon
     TSS—Total suspended solids
     Hg/1—Micrograms per liter
       40 CFR Part 419 is revised to read as
     follows:
    
     PART 419— PETROLEUM REFINING
     POINT SOURCE CATEGORY
    
     Subpart A—Topping Subcategory
    
     Sec.
     419.10   Applicability: description of the
         topping subcategory.
     419.11   Specialized  definitions.
     419.12   Effluent limitations guidelines
        representing the degree, of effluent
        reduction, attainable by the application of
         the best practicable control technology
        currently available.
     419.13   Effluent limitations  guidelines
        representing the degree of effluent
        reductio.i attainable by the application of
        best available technology economically
        achievable.
     419.14  Effluent limitations  guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best conventional pollutant control
        technology. [Reserved)
    419.15  Pretreatment standards for existing
        sources.
    419.16  Standards of performance for new
        sources.
    419.17  Pretreatment standards for new
        sources.
    
    Subpart B—Cracking Subcategory
    419.20  Applicability: description of the
        cracking subcategory.
    419.21  Specialized definitions.
    419.22  Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application  of
        the best practicable control technology
        currently available.
    419 23  Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by  the application  of
        the best available technology
        economically achievable.
    419^24  Effluent limitations guidelines
        representing the degree  of effluent
     Sec.
         reduction attainable by the application of
         the best conventional pollutant control
         technology. (Reserved]
     419.25  Pretreatment standards for existing
         sources.
     419.26  Standards of performance for new
         sources.
     41927  Pretreatment standards for new
         sources.
    
     Subpart C—Petrochemical Subcategory
     419.30  Applicability; description of the
         petrochemical subcategory.
     419.31  Specialized definitions.
     419.32  Effluent limitations guidelines
         representing the degree of effluent
         reduction attainable by the application of
         the best practicable control technology
         currently available.
     419.33  Effluent limitations guidelines
         representing the degree of effluent
         reduction attainable by the application of
         the best available technology
         economically achievable.
     419.34  Effluent limitations guidelines
         representing the degree of effluent
         reduction attainable by the application of
         the best conventional pollutant control
         technology. (Reserved)
     419 35  Pretreatment standards for existing
         sources.
     419.36  Standards of performance for new
         sources.
     419.37  Pretreatment standards for new
         sources.
    
     Subpart D—Cube Subcategory
     419.40  Applicability: description of the lube
         subcategory.
     41941  Specialized definitions.
     419.42  Effluent limitations guidelines
         representing the degree of effluent
         reduction attainable  by the application of
         the best practicable control technology
        currently available.
     419.43  Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best available technology
        economically achievable.
     419.44  Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best conventional pollutant control
        technology. (Reserved)
     419.45  Preireaonent standards for existing
        sources.
     419.48  Standards of performance for new
        sources.
    419.47  Pretreatment standards for new
        sources.
    
    Subpart E—Integrated Subcategory
    419.50  Applicability: description of the
        integrated subcategory
    419.51   Specialized definitions.
    41952   Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best practicable control technology
        currently available.
    419.53   Effluent limitations guidelines
        representing the degree of effluent
        reduction attainable by the application of
        the best available technology
        economically achievable.
                                                                         202
    

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                 Federal  Register  / Vol. 47.  No. 201 / Monday. October  18.  1982  /  Rules  and Regulations      46447
     SIM:.
     419.54  Effluent limitations guidelines
         representing the degree of effluent
         reduction attainable by the application of
         the best conventional pollutant control
         technology. [Reserved]
     419.55  Pretreatment standards for existing
         sources.
     419.56  Standards of performance for new
         sources.
     419.57  Pretreatment standards for new
         sources.
       Authority: Sees. 301. 304 (b). (c). (e). and
     {g|. 306 (b) and (c). 307 (b) and (c). and 301 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 (b). (c). (e).
     and (8). 1316 (b) and (c). 1317 (b) and (c). and
     1381: 86 Stal. 818. Pub. L 92-500: 91 Slat. 15A7.
     Pub. L 95-217.
     Subpart A—Topping Subcategory
    
     § 419.10  Applicability; description ol the
     topping subcategory.
       The provisions of this subpart apply
     to discharges from any facility that
     produces petroleum products by the use
     of topping  and catalytic reforming.
     whether or not the facility  includes any
     other process  in addition to topping and
     catalytic reforming. The provisions of
     this subpart do not apply to facilities
    ' that include thermal processes (coking.
     vis-breaking, etc.] or catalytic cracking.
    
     9419.11  Specialized definitions.
       For the purpose of this subpart:
       (a) Except as provided below, the
     general definitions, abbreviations, and
     methods of analysis set forth in Part 401
     of this chapter shall apply to this
     subpart.
       (b) The term "runoff shall mean the
     flow of storm water.
       (c) The term "ballast" shall mean the
     flow of waters, from a ship, that is
     treated along with refinery wastewaters
     in the main treatment system.
       [d] The term "feedstock" shall mean
     the crude oil and natural gas liquids fed
     to the topping  units.
       (e) The term "once-through cooling
     water" shall mean those waters
     discharged that are used for the purpose
     of heat removal and that do not come
     into direct contact with any raw
     material, intermediate, or finished
     product.
       (f) The  following abbreviations shall
     be used: (1) Mgal means one thousand
     gallons: (2)  MbbI means one thousand
     barrels (one barrel is equivalent to 42
     gallons).
    
     « 419.12  Effluent limitations guidelines
     representing the degree of effluent
     reduction attainable by the application of
     the best practicable control technology
     currently available (BPT).
       (a) Except as provided in 40 CFR
     125.30-32. 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 practicable control
     technology, currently available (BPT]:
    Pollutant or pollutant property
    BPT Einuem bimaiioiu
    Maximum for
    any I nay
    Average ol
    daily values
    lor 30
    conMcutiva
    days snail
    not exceed
    -_
    
    100 to 10 '9
    10 5 lo 10 99 	 . 	 ___..
    11 0 to 1 1 49 	 _.«. .__..«—«-.. . 	 _.. _.._... _
    ii 5 10 11 99 	 	
    19 Ola 19 a
    !»« M 1900
    1? rj to IJ IB 	 	 	 	 	
    tj 5 14 ij 09
    
    
    Process
    (Ktor
    131
    J.S1
    273
    2.98
    3.24
    153
    384
    4.18
    438
                           Meme uM> (kilogram* ear
                            1.000 m* of feedstock)
               (3) See the comprehensive example
             Subpart 0  § 419.42(b)(3).
               (c) The following allocations
             constitute the quantity and quality of
             pollutants or pollutant properties
             controlled by this paragraph and
             attributable to ballast, which may be
             discharged after the application of best
             practicable control technology currently
             available, by a point source subject to
             this subpart.  in addition to the discharge
             allowed by paragraph (b) of this section.
             The allocation allowed for ballast water
             flow, as kg/cu m (Ib/M gal], shall be
             based on those ballast waters treated at
    SO05 	 _. . . 1 80 425
    TSS 	 	 	 	 	 „ 	 I »8 3(1
    COO ' | *« 2 ?' 3
    Oamgreese ^ 	 ...._ 	 ..! ?S 13
    
    AmmoraaaaN 	 _ 	 099 04S
    Suffice . .- 	 0 S3 0 24
    Total cnrormum . . ...j 0122 0071
    Hexavalem crvomum . 	 { 010 00044
    pH 	 	 	 _. 	 	 j 1') I1)
    i
    1 See footnote following Table « < 4 19 I3(e)
    •Wilhn me range 01 80 to 90
    (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 MM ol feedstock oer it/earn day [ ,^£,
    Less than 24 9 	 	 	 	 -.,- . . i 02
    25 0 10 '9 9 ... I 09
    MO to 74 9 	 . __ _. _. lie
    'iQ(o9*9 	 	 	 "29
    100 to 124 9 _..___ _ ... 	 _.__ . 	 1 38
    i?f 0191499 	 _ 	 „..., | «jfl
    'SO 0 or greater 1 57
    
    the refinery.
    i
    Pollutant or pollutant prooeny i
    1
    1
    
    BOD5 .... _ J
    TSS J
    coo-, _ 	 _j
    pH _ . 	 	 	 _ _. |
    
    8OQ5 .... j
    TSS . - . - . 	 . . _.)
    COO ' . 	 	 	 ,
    Oil ana grease ..... . . |
    PM 	 1
    
    3PT affluent Imuoons
    'or oaiiasi water
    Avar age
    of daily
    Maximum "•««»'«
    "» '? ' coniecu.
    My nve days
    snail not
    exceed
    Metnc urns (kilograms
    ger CUM meter ol
    flow)
    0048 0028
    3033 , 0021
    0 47 0 24
    0015 0008
    I1) C)
    englan unu (pounds
    per 1 000 gel of flow)
    0 40 ' 0 21
    029 017
    39 | 20
    0128 i OOS7
    I'l C)
      (2) Process factor.
             Process configuration
    Less man 2 49
    2.5 to 3 49	
    3 5 to 4 49 .
    4 5 10 5 49 —
    55 to 599 —
    6010649-..
    6.5 to 6 99 -.
    7 0 to 7 49. ._
    7 S 10 7 99	
    8010849	
    8 5 to 8 99 .
    9010949-
    9510999	
    Process
     factor
    
    
       062
       067
       080
       095
       107
       I 17
       I2T
       139
       151
       184
       I 79
       US
       212
      1 See footnote tonowmg taole m 1419 i3(ei
      'Witnm me range of 60 lo 90
    
      |d) The qudtitity 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.
      (e) Effluent Limitation for Runoff—
    (Reserved].
                                                               203
    

    -------
     46448     Federal Register  / Vol.  47. No. 201  / Monday. October  18.  1982  / Rules and  Regulations
     § 419.13  Effluent limitations guidelines
     representing the degree of affluent
     reduction attainable by the application of
     the best available technology economically
     achievable (BAT).
       (a) Except as provided in 40 CFR
     125.30- 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 technology
     economically achievable (BAT):
    Poamant or pofutant proparty
    BAT effluent hmunons
    Maximum
    lor any 1
    day
    Average
    01 OB*
    values lor
    30
    consecu.
    nva days
    ma* not
    eiceeo
                              Maine units (Uograna
                               par  1.000  m*  ol
    COO1
    
    
    SuMtft
    
    
    
    It7
    0188
    2.81
    0149
    OJ45
    01128
    803
    0.076
    127
    0088
    020
    0012
                                    units (pounds
                                   1.000 tJOJ  of
    COO'
    PnenuM
    
    Total en
    
    
    
    in"
    
    •UH^gff 	 _._ 	
    
    
    412
    0060
    099
    0053
    0122
    0.10
    213
    0027
    045
    0024
    0071
    00044
      'Sew footnote tollowng TaBle «i f «19 13(c).
    
       (b) The limits set forth m 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 OM ot leadsmen per stream day
                                        Sue
    Lass man 24 9 ..
    25010499	
    500 10 749	
    75010999	
    100 IB 1249	
    125010 1499..
    1500 or greater.
                                          102
                                          108
                                          I 18
                                          128
                                          138
                                          ISO
                                          157
      (2) Process factor.
                   CDnnguraoon
    Lasa man 2.49 .
    2.5 to 3.49	
    4 5 to 5 49-
    062
    067
    080
    095
    107
    1 17
    ^roc»WB oonnQuriiion
    ««««<»
    7 n M 7 ia
    7«M70<1
    • OM ma
    Kupaaa 	
    9 n'?..._ 	
    11 *»> 11 00
    I90lq l?*0 	
    17 fin <> 	 ,
    innini.ljo
    ia s ia 19 oo 	
    
    
    QMU.^..
    ITocasa
    factor
    1.27
    139
    151
    164
    179
    195
    2.12
    231
    251
    in
    2.98
    324
    JS3
    384
    418
    438
                                                  (3) See the comprehensive example in
                                                Subpart D. § 419.42(b)(3).
                                                  (c) The following allocations
                                                constitute the quantity and quality of
                                                pollutants or pollutant properties
                                                controlled by this paragraph.
                                                attributable to ballast, which may be
                                                discharged after the application of best
                                                available technology economically
                                                achievable by a point source subject to
                                                the provisions of  this subpart. These
                                                allocations are in addition to the
                                                discharge allowed by paragraph (b) of
                                                this section. The allocation allowed for
                                                ballast water flow, as kg/cu m (Ib/M
                                                gal], shall be based on those ballast
                                                waters treated at  the refinery.
                                                  Pollutant or pollutant property
                                                                         BAT effluent bmilaiions
                                                                           tar ballast water
                                                                         Mawnufn
                                                                         lor any 1
                                                                           d*y
                                             Average
                                             or dad?
                                            values lor
                                              30
                                                                                  ova days
                                                                                  snail not
                                                                         Metric unrti (Uoareins
                                                                                       ol
                                                COO-
                                               COO'
                                                                          047
                                                                                   024
                                                                         English uraa (pounds
                                                                         par 1000 gal ol How)
                                                                          39
                                                                                   2,0
      •in any case
    me cnlonde on concentration m me eMuent eiceeos i QUO
    mall (l.OOO ppmt. me Regional Aarmnuuator may sutnuiuie
    TOC as a parameter •> lieu ol COO Effluent limitations 'or
    TOC snau ee based on effluent oata from me plant comrtai-
    ing TOC to 8O05
      II m ine mdgment ol tne Regional Aomirastrator. adequate
    correlation data are not available, me elllueni laniainns lor
    TOC snail be esiabMned at a rain ol 22 to i to  me
    appkcawe erllueni bmnanons on 8O05
    
      (d) 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/1.
                                                         (e) Effluent Limitation for Runof—
                                                      [Reserved].
    
                                                      § 419.14  Effluent limitations guidelines
                                                      representing the degree of effluent
                                                      reduction attainable by the application of
                                                      the best conventional pollutant control
                                                      technology (BCT). [Reserved]
    
                                                      $ 419.15  Pretreatment standards for
                                                      existing sources (PSES).
                                                        Except as provided in 40 CFR 403.7
                                                      and 403.13 any existing source subject to
                                                      this subpart which introduces pollutants
                                                      into a publicly owned treatment works
                                                      must  comply with  40 CFR Part 403 and
                                                      achieve the following pretreatment
                                                      standards for existing sources (PSES).
                                                      The following standards apply to the
                                                      tolal refinery flow contribution to the
                                                      POTW:
                                                                                                 PoUuiam or poUuiam property
                                                                                         mam
                                                                                       standards
                                                                                       lor fraimg
                                                                                        sources
                                                                                       maximum
                                                                                       lor any I
                                                                                         day
                                                                                                                            (Milligrams
                                                                                                                             par   mar
                                                                                                                             (mo/O)
                                                                                           Ot ana Grease
                                                                                           Ammonal (a* N).
                                                                                             •Where ine oacnarge » ma POTW consists solely ol sour
                                                                                           waters, ine owner or ooeraux tu ine oonon ol comgryuig
                                                                                           win ins limit or me daily maiimum -ness limitation lor
                                                                                           ammonia sal lonn mi 419 13 lal and (b)
                                                §419.16  Standards of performance for
                                                new sources (NSPS).
                                                  (
    -------
                Federal  Register  /  Vol. 47. No. 201  / Monday.  October  18.  1982  / Rules and Regulations      4G449
    
    
    Pollutant o pa-mum propeny
    
    
    
    
    
    COO' 	
    Qt Wl QfllM . — ................ ,..__,_.
    Ammonaj u N
    
    
    
    
    
    KSPS effluent
    i tmuDons
    
    
    
    for any I
    day
    
    30
    21 7
    13
    10
    0027
    0,084
    00052
    n
    Average
    ol dairy
    •alura for
    
    
    live days
    snaa not
    eiceed
    i 9
    11 2
    070
    049
    0012
    0037
    00026
    
      • See footnote toax-ng taote «1419.1310.
      ' Wimn ine ring* of 6 0 10 8 0
    
      (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.
      (l) Size factor.
        1.000 DM of
                      par drum day
    Less man 24 9.
    100 to 124 9 .
    i500or«
    Sue
    factor
    102
    108
    1 16
    126
    138
    ISO
    157
      •(2) Process factor.
                               Z.TJL _::
    
    TT
    iM.if«.9«a
    74 193*9 	
    51 * n A M
    *«ui*.0 '99 	
    HO u> I AH 	
    ««i Hfooa 	
    an ufa*a
    a««aoa
    iO 0 n iQ *9 	 	
    irxqin^a 	
    11 OK) 114? 	 	
    11«« 1100
    is a 14 i? 10 ... 	 	 _ 	 	
    12 S M 12.99. _ __ __. - 	 	
    iinm ij.^9 	 	 	
    11* n 1100
    14 0 C* QTMW 	 	
    
    Praoat
    uenr
    062
    067
    080
    09S
    1 07
    17
    27
    39
    51
    84
    79
    95
    2.12
    231
    251
    2.73
    2,98-.
    3.24
    353
    384
    4 18
    436
    
      (3) See the comprehensive example m
    Subpart D. 5 419.42(b){3).
      (c) The following allocations
    constitute the quantity and quality of
    pollutants or pollutant properties
    controlled by this paragraph and
    attributable to ballast, which may be
    discharged after the application of best
    practicable control technology currently
                                              dvaila*ble. by a point source subject to
                                              this subpart. in addition to the discharge
                                              allowed by paragraph (b) of this section.
                                              The allocation allowed for ballast water
                                              flow, as kg/cu m (Ib/Mgal). shall be
                                              based on those ballast waters treated al
                                              the refinery.
                                                Poiiuuni or ponuttn) propony
                                                                         NSPS Effluent
                                                                       Uimibona lor Ballm
                                                                            Water
                                                                       Munmum
                                                                       lor iny 1
                                                                        day
                                                                               Average
                                             valuator
                                               30
                                                                               live day*
                                                                               snail no)
                                      par CUDC meiar ol
    BO05-
    TS.«.
    COO ' ... .
    Oil and gram
    P*4
    
    
    
    
    p
    
    ""
    0048
    0033
    0.47
    001S
    n
    0028
    0021
    0.24
    0008
    n
                                     Engtnn unra (pounds
                                     per 1.000 9*1 of Bo»l
    8OO5__ 	 _.
    TSS 	 	 	
    COO ' 	 	
    
    pn 	
    
    0.40
    0.27
    3.9
    0128
    (1
    021
    017
    2.0
    0087
    n
    •• See footnote MOMng note « ] «19 W(e»
    1 WWn the «ange ol 6.0 to 9 0
              (d) 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/1.
              (e) Effluent Limitations for Runoff—
            [Reserved]
            § 419.17  Pretreatment standards for new
            source* (PSNS).
              Except as provided in 40 CFR 403.7.
            any new source subject to this subpart
            which introduces pollutants into a
            publicly owned treatment works must
            comply with 40 CFR Part 403 and
            achieve the  following pretreatment
            standards for new sources (PSNS]  (a)
            The following standards apply to the
            total refinery flow contribution to the
            POTW:
            	r;
                 Ponuiam or pooutam property
                                                                              Preneai.
                                            lor any 1
                                              day
                                            (mg/l)
            CM ana grease
            Ammonia (ai N)
                                              100
                                             •100
                                                        •wnm in« oacnarge 10 inn POTW con»u 9oK*y of vx»
                                                      wmem. ine owner or operator "as ine opron ol complying
                                                      wiin im I«IM or the oatfy  maximum mass imiahnn tor
                                                      nmmona set form n | 419 16 lal and (HI
                                                        (l>) The following standaid is
                                                      to the cooling tower discharge  part of
                                                      the total refinery flow to the POTW by
                                                      multiplying: (1) The standard: (2) by the
                                                      total refinery flow to (he POTW. and (3)
                                                      by the ratio of the cooling lower
                                                      discharge flow to the total refinery flow.
                                                            Ponuiara or poUutani properly
                                                                                                                        Preiraat-
                                                                                      standards
                                                                                      maximum
                                                                                      for any t
                                                                                     Mdhgrams
                                                                                      per  H
                                                                                      (mg/1)
                                                    Total cnromum  „.
    Subpart 8—Cracking Subcategory
    
    § 419.20  Applicability; description of the
    cracking subcategory.
    
      The provisions of this subpart are
    applicable to all discharges from any
    facility that produces petroleum
    products by the use ol topping and
    cracking, whether or not the facility
    includes any process m addition to
    topping and cracking. The provisions of
    this subpart are not applicable.
    however, to facilities that include  the
    processes specified in Subparts  C. 0. or
    E of this part.
    
    § 419.21  Specialized definitions.
      The general definitions, abbreviations
    and methods of analysis set forth in Part
    401 of this chapter and the specialized
    definitions set forth  m § 419.11 shall
    apply to this subpart.
    
    5 419.22  Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the beat practicable control technology
    currently available (BPT).
    
      (a) Except as provided in 40 CFR
    125.30- 32. any existing point source
    subject to (his subpart must achieve the
    following effluent limitations
    representing the degree of effluent
    reduction attainable by the application
    of the best practicable control
    technology currently available:
                                                           205
    

    -------
    '46450     Federal  Register /  Vol. 47. No.  201 /  Monday.  October 18. 1082 / Rules and Regulations
    
    PoNuttm or poiartara prooarty
    BOOf . . , j, .,,...-.-....-
    T^S
    
    O8 and graasa 	
    
    
    
    
    
    BOO5 _.._._..
    
    COO1
    Orf trot gr*.i!M ,
    
    
    Si.Wd* 	
    
    pH
    
    
    « 74 a
    no m 4« 9 	 ,. 	
    cnn I^JAO
    7? Om 99 9 	
    7 1749 . , .
    i?*Q<7 1490 	 	
    150 0 or graalar ...._.
    
    (2) Process factor.
    nMMB. ..
    >w
    ( m ikfo 7 4B , ,, ,
    j ^ m 1 19 , . .
    1 5 m .< 49
    4 s n 5.49 	
    15 to 199 , 	 	 ...
    90 "o 8 49....
    US 10 B 99. j.... 	
    » n .1 7 49
    »«, ^ 199
    R0t)fl'9 ..........
    f S lo « 99 	 	
    90 to 949 	 	 	 	 	 	 ..
    95 or gmur
    
    SUa factor
    091
    095
    1 04
    1 13
    1 23
    135
    1 41
    
    
    Proeass
    factor
    058
    083
    074
    088
    1 00
    I 09
    •1 19
    1 29
    1 41
    1S3
    187
    1 82
    1 89
    
                            MWUfTVfTI
                            lor any t
                                                                     Maine units (kilograms
                                                                      par  IOOO  m*  of
    coo • . .._.._. 	
    
    Sv«0* 	
    
    
    
    210
    021
    188
    018
    •043
    0035
    109
    010
    SS
    0082
    OJS
    0018
                                                                     English units (pounds
                                                                      par  i.OOO oa  ol
                                             COO •	  -.   _._.._,
                                             Pnanotcc
                                             SutlkM - .	
                                             Total cnromum
                             740
                             0074
                             86
                             0085
                             015
                             0012
    384
     0038
     30
     0079
     0088
     00058
                                              •SM fooinola loikiwing uel* n f 419 I3(c)(2)
      (3) See the comprehensive example
    Subpart 0 § 419.421 b)(3).
      (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.
     to discharges of process wastewater
     pollutants attributable to ballast water
     by a point source subicct to the
     provisions of this subpart.
       (d) 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/1.
      (e)  Effluent Limitation for Runoff—
     [Reserved]
    
     § 419.24  Effluent limitation guidelines
     representing the degree of effluent
     reduction attainable by the application of
     the best conventional pollutant control
     technology (BCT).  [Reserved]
    
    § 419.25  Pretreatment Standards for
    Existing Sources (PSES).
    
      Except as provided in 40 CFR 403.7
    and 403.13 any existing source subject to
     this subpart which introduces pollutants
     into a publicly owned treatment works
    must comply with 40 CFR Part 403 and
    achieve the following pretreatment
    standards for existing sources (PSES).
    The following standards apply to the
    total refinery flow contribution to the
    POTW:
                                                                   206
    

    -------
                Federal Register / Vol.  47. No.  201  /  Monday. October 18. 1982 / Rules and Regulations     46451
          Poflutanl of pQuiteVit property
                                      mam
                                     standards
                                     lor new
                                     fflaUlfllUfll
                                     (or toy 1
                                      day
                                     par  Mar
                                     (mg/l)
                                         100
                                         '100
      •Where ma ettcnarge lo rfle POTW corona somyotsour
      itaW* tfw ovnv of QQoraior has tfto option ol GOfflplyinQ
     •urn na bm or dia da*y mamwrn masa limrtanon lor
     smmcna aal eorti n { 419.23 (a) and (tt.
     § 419.26   Standards of performance for
     new sources (NSPS).
       (a) Any new source subject to this
     subpart must achieve the following new
     source performance standards (NSPS):
    
    
    
    
    
    
    NSPS effluent
    Imnaoons
    
    Maamun
    lor any 1
    day
    
    Average
    at daily
    30
    bv9 days
    snail not
    mctod
                            Metre urala (kilograms
                              par  1.000  m'  ol
    ann«
    TWO
    IWll
    
    
    i"mu~l (11 •") , ,._^....._ 	
    ^M-
    Tnui eM«ii.«i
    
    pM
    
    163
    113
    1180
    48
    0.119
    188
    0105
    °JL
    ODSO
    C)
    8.7
    72
    81
    :s
    0058
    as
    0048
    014
    00088
    C)
                            Engtan unrta (pounds
                              par i.OOO 601  ol
    ann«
    T!0»
    rmy '
    
    
    tf if yn^lmr
    
    Sa
    lactor
    104
    1.13
    123
    135
    1.41
                                                 (2) Process factor.
    Piutam configuration
    i mi " 7 40
    T f m 7 99
    ii a M a 40
    a«uiaao
    an i« a 40
    9 ? «r gmf Iff „ ,„-„..„,„„
    
    Process
    lacior
    osa
    063
    074
    088
    100
    109
    1.19
    129
    1 41
    153
    187
    182
    189
              (3) See the comprehensive example in
            Subpart D. § 419.42(b)(3).
              (c) The provisions of § 419.16(c) apply
            to discharges of process wastewater
            pollutants attributable to ballast water
            by a point source subject to the
            provisions of this subpart.
              (d) 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/1.
              (e) Effluent Limitation for Runoff—
            [Reserved]
    
            § 419.27  Pretreatment standards for new
            sources (PSNS).
              Except as provided in 40 CFR 403.7.
            any new source subject to this subpart
            which introduces pollutants into a
            publicly owned treatment works must
            comply with 40 CFR Part 403 and
            achieve the following pretreatment
            standards for new sources (PSNS).
              (a) The following standards apply to
            the total refinery flow contribution to
            the POTW.
                 Pollutant or poUuiant property
                                            standard!
                                            lor new
                                            manrnuffl
                                            lor any I
                                             day
                                                                              (mg/0
                                             OH and grease .
                                                                                  100
    Pollutant or DoUutant property
    
    
    Amman-* (a* M) 	
    
    standards
    lor new
    source*—
    Mr any 1
    day
    •100
                                                        'Whara me discharge to (he POTW consists solefy ol sour
                                                      •raters, ma owner or operator Has uw option ol complying
                                                      win on inn or ina daily  muvnurn mass (million lor
                                                      ammonia sat lorm m J 419 26(al and (b).
    
                                                         (b) The following standard is applied
                                                      to the cooling tower discharge part of
                                                      the total refinery flow  to the POTW by
                                                      multiplying: (1) The standard: (2) by the
                                                      total refinery flow to the POTW; and (3)
                                                      by the ratio of the cooling tower
                                                      discharge flow to the total refinery flow.
    
    Pollutant or pollutant oropany
    
    Pretraal-
    fHQfll
    itandarda
    lor now
    sources—
    fliajamum
    lor any 1
    day
    MOgrams
    Total cnronuurn .............. n _ . ........ . . .......... „.
    (mg/l)
    t
     Subpart C—Petrochemical
     Subcategory
    
     § 419.30  Applicability; description of the
     petrochemical subcategory.
       The provisions of this subpart are
     applicable to  all discharges from any
     facility that produces petroleum
     products by the use of topping, cracking.
     and petrochemical operations whether
     or not the facility includes any process
     in addition to topping, cracking, and
     petrochemical operations. The
     provisions of  this subpart shall not be
     applicable, however, to facilities that
     include the processes specified in
     Subparts 0 or E of this part.
    
     § 419.31  Specialized definitions.
      For the purpose of this subpart:
      (a) The general definitions.
     abbreviations, and methods of analysis
     set forth in Part 401 of this chapter and
     the specialized definitions set forth in '
     3 419.11 shall  apply.
      (b) The term "petrochemical
    operations" shall mean the production
    of second-generation petrochemicals
    (i.e.. alcohols, ketones. cumene.  styrene,
    etc.) or first generation petrochemicals
    and isomerization products (i.e.  BTX,
    olefins. cyclohexane. etc.) when IS
    percent or more of refinery production is
    as first-generation petrochemicals and
    isomerization  products.
                                                               207
    

    -------
    46452     Federal Register  / Vol. 47. No.  201 / Mondjy. October 18.  1982 /  Rules  and Regulations
    9 419.32 Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the beet practicable control technology
    currently available.
    (a) Except as provided in 40 CFR
    12S.30-.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 practicable control
    technology currently available (BPT):
    8PT EMuont Mwanona
    Average
    olds*?
    PoMjtBM .,Tm~,7«i or)
    9* n n jp a n TR
    in a M 74 a 1 an
    T5 0 to 99 9 0 9*
    1000101248 .._ 	 . ... 099
    '290(0 '499 	 "W
    1 SO 0 or areeier 113
    
    (2) Process factor.
    
    Proc
    lar'or
    Lass men 4 49 0 73
    4 5 to 5 49 . _. . J 0 80
    5510599 . _ 	 . , 091
    8010649 . ... 099
    6510699 . . 1 08
    70(0 749 . _ . _ _ 17
    7 5 lo 7 99 	 . - 	 28
    8 0 to 8 49 . . .. - ... 39
    8510899 -. . - 51
    9 0 >o 9 49 8f
    9 5 or greater 1 72
    "
    (3) See the comprehensive example in
    Subpart 0. $ 419.42(b)(3).
    (c) The provisions of § 4l9.12(c) apply
    to discharges of process wastewater
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart.
    (d) 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/1.
    (e) Effluent Limitation for runoff -
    [Reserved].
    § 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- 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]:
    BAT Effluent Unuoons
    Average o(
    Ponuiarn or pouuuuu property M,,,,,,,, i,, (or 30
    any 1 day consecutive
    days anal
    not exceed
    Mane unrts (Mograme per
    1000m* of raedslockl
    COO- _ 	 _. 2100 1090
    Ammonia UN ._. ... 234 106
    SulMa 	 022. 0099
    Total enromum _ 	 052 030
    MexavaMnt avomum _ 0046 0020
    Engunumi (pounds per
    1 000 DM ol leeosiock)
    COO ' 74 0 38 4
    Ammonal «» H . | 8 25 38
    SuMoa- ._ 0078 003S
    Total cnromum . 0183 0 107
    HeuveJem enromum 0016 00072
    •SOT lootnota looming wow « {419 I3(cl
    (b] The limits set forth in pjragraph
    (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.
    I 000 Ml ol leenstock par stream day ' ,^£,
    Less rnan 24 9 - - . 	 	 i 0 73
    25 0 10 49 9 . 	 . 	 	 . 	 • — 1 " 7S
    50010749 _- .. 	 ._ . 	 _. i 083
    75 0 lo 99 9 	 . _ _ . 	 ._ 	 4 091
    IOOOUI249 . __ ._ . 	 	 J 099
    (25OI01499_. .. _ . 	 	 _. | 108
    1500 or greater „. . ._ 	 , i V)
    (2) Process factor.
    Proe-
    1 (actor
    I
    4 5 (o 5 49 . 0 80
    5 5 10 5 99 	 . _ _ ._ -. 	 * I 0 91
    6 0 to 6 49 { 0 99
    85  00
    7 S to 7 99 j 1 28
    8.0 (O 8 *9 J * 39
    • 9 
    -------
               •Federal  Register /  Vol. 47. No.  201 /  Monday. October  18.  1982 /  Rules and Regulations     46453
    total refinery flow contribution to the
    POTW:
    Pratfaai-
    (TWO!
    POMMerpoMimpRWQrty j£SS2!
    lor any 1
    day
    [VUhgrama
    par Mar
     POTW comma salary of saw
    •stars, on ownar or operator naa no uouon o* comply Big
    •mm ttvs Irw or tns darfy mumum mm Brmaoon lor
    ammona Ml tonh « 1*18.33 (a) and (bl.
    9 419.36 Standards of performance for
    new source* (NSPS).
    (a) Any new source subject to this
    subpart must achieve the following new
    source performance standards (NSPS):
    
    1 000 bM ol laaastoek par svaam day
    Laaa than 24 8
    250»*99 	
    * son
    11199 It '7*9 	
    17^0 ^ naa
    1500 or graator n._ 	 _.
    
    Sin lacier
    073
    078
    083
    091
    099
    108
    1 13
    (2) Process factor.
    
    
    Um !Min **9 	 	 	 _ 	 _ 	
    «S'ff T'9 	
    $ S w $ 99
    ijij '(?«••» 	
    «f 19 «9f 	
    in if 7*9 	
    '5IO '99 , 	 - 	
    B 0 to 8 *9
    f ? IB* 99 	 	
    a o la 9 '9 	 	 	 — ......
    
    
    Process
    factor
    073
    080
    091
    099
    108
    1 17
    128
    139
    1SI
    IBS
    1 72
    (3) See the comprehensive example in
    Subpart 0. § 419.42(b)(3).
    (c) The provisions of 5 419.16(c) apply
    'Whan DM dnefiarqa to DM POTW oonsau soWy ojiojj
    wstafs. ina o*
    
      •Saa kjonota lonoang new « f 4I9.13ICX21.
      >VMlnn «• nwga ol 8.0 to 9 a
    
      (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.
     to discharges of process wastewater
     pollutants attributable to ballast water
     by a point source subject to the
     provisions of this subpart.
       (d) 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/1.
       (e) Effluent Limitations for Runoff—
     [Reserved]
    
     § 419.37  Pretreatment standards for new
     sources (PSNS).
       Except as provided in 40 CFR 403.7.
     any new source subject to this subpart
     which introduces pollutants into a
     publicly owned treatment works must
     comply with 40 CFR Part 403 and
     achieve the following pretreatment
     standards for new sources (PSNS).
       (a) The following standards apply to
     the total refinery flow contribution to
     the POTW:
         PoOuum or poUutani propany
    Praraal'
     mam
    standards
    tar naw
    SOUTCM
                                    lor any I
                                     day
                                   Mdborama
                                    par  Mar
                                    (mg/l)
    CM andgraaaa._
    Amman* (u N)_
         100
        •100
     Subpart D— Lube Subcategory
    
     § 419.40  Applicability; description of trie
     lube subcategory.
      The provisions of this subpart are
     applicable to all discharges from any
     facility that produces petroleum
     products by the use of topping, cracking,
     and lube oil manufacturing processes,
     whether or not the facility includes any
     process in addition to topping, cracking.
     and lube oil manufacturing processes.
     The provisions of this subpart are not
     applicable, however, to facilities that
     include the processes specified in
     Subparts C and E of this part.
    
     § 419.41  Specialized definitions.
      The general definitions, abbreviations
     and methods of analysis set forth in Part
     401 of this chapter and the specialized
     definitions set forth in S 419.11 shall
     apply to this subpart.
    
     § 419.42  Effluent limitations guidelines
     representing trie degree of effluent
     reduction attainable by the application of
     the  best practicable control technology
    currently available (BPT).
      (n) Except as provided in 40 CFR
    125.30-.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 practicable control
     technology currently available (BPT):
                                                               209
    

    -------
     46-154     Federal Register / Vol.  47.  No.  201 /  Monday. October 18,  1982  / Rules and Regulations
    
    Poatttnt or poNuurt propany
    BOO*
    TSS 	 	 .....
    COO1
    CMandgraaaa .__....
    Pfarolie nompourtt
    
    Total cnmmun 	 - ... ..
    MM . . •
    BO05
    TSS
    COQ1
    m —H T~»
    
    
    Total etwqrmjm 	
    
    P"
    
    BPT amuam fmUMna <
    Maimmi
    tor any t
    day
    Avaragja
    olda* 	
    vakMStor __
    30 Procaaaa
    in* days
    snal not Cmda 	
    Mane unts (blograma Cractang ar
    par 1.000 m' of a*"*
    faadatock)
    506
    398
    3600
    162
    038
    23.4
    033
    077
    0066
    IT
    258
    22.7
    1870
    • * Luba . _-..«
    8 9 ^^
    0184
    :ALCUI>TION OF THE PROCESS representing the degree
    CONFIGURATION reduction attainable by
    Itagory Procasa nckidad
    	 	 	 Aim
    Vacu
    Oasa
    id Fhid
    Vivo
    Tharr
    Mow
    H)*dn
    FUd
    Oalay
    	 Funn
    Eruda daMat
    urn. crudada
    uig . ._
    cat. cracking
    nal cracking
    ig bad cat o
    on 	
    BKlluon .
    	
    
    
    coking. ._ ..„ . ...
    •d coking ....
    ar dalnad » ma da-
    gpmant documant.
    045 Aspharl amulsrlyma 	
    n
    Engkan urns (pounds
    par i.OOO BH 04
    toadstock)
    179
    125
    1270
    57
    0133
    83
    0118
    0.273
    0024
    0
    91
    80
    660 Ciudr
    30 Aim
    0069 Vacuum
    38 Oaaan.
    0093 *ig 	
    0160 Total
    '0011 Cracking-
    (1 FCC_
    
    •SaatootnotaloikMiingiaolan{4i9l3lcK2>. cracking.
    • WHNrr ma rsnga o<60lo 90. Total-
    Capaaiy
    (1000 DM
    par straam
    day)
    1290
    60 J>
    125.0
    410
    200
    Capacity
    raiaiivau
    tnroua>
    put
    10
    048
    10
    2.46
    0328
    0.160
    0488
    FacC
    
    
    < |
    "6
    ^acnT9 economically achievable
    i
    6
    Pollutant or pollutant propany
    13
    of effluent
    he application
    inology
    s (BAT):
    BAT affluant Imnauons
    Manmum
    tor any 1
    day
    Avaraea
    of dairy
    valuas tor
    30
    consecu-
    tivadays
    snaanM
    Maine unta (ktograma
    par
    COO1 . 	 ..... . .
    Pnanofcc compounda ... . . ... .
    Ammonia as N 	 _. . .
    Suiiida 	 __.__._.
    ng Hajavaiani crwonvum
    QQfll^l^. »•• ... ^. TJI ^at ...... .. ... .. .
    ration
    3600
    038
    234
    033
    077
    0066
    1870
    0184
    106
    0190
    045
    0.030
    par 1.000 DM ol
    laaostock)
    COO1 	
    Phwolic compounds
    .&4g Ammonia am N__ 	 . .
    Su/firt*
    Total cnromum .... 	 	 __
    
    
    1270
    0133
    83
    0118
    0273
    0024
    660
    0065
    38
    0053
    0160
    0011
    .i!l.1 'S«a (ocwota (ollowing uortm }<19 I3(e)(2)
       (b) The limits set forth in paragraph
    (a) of this section are to be multiplied by
    the following factors to calculate (he
    maximum for any one day and
    maximum average of daily values for
    thirty consecutive days.
       (1) Size factor.
    i.OOO bH ol liidiiact par straam day
    1 ru mar *9 "
    inn «r i* a
    'SOW 99 9 	 _ 	
    1000 to 124 9 	 .___„__
    '290 IO "99...... ..
    ISOOM 1719
    I»OM 1000
    
    
    (2) Process factor.
    
    Pmcmconfiouram
    Lass wan 6.49 .. . _. 	
    6.9 to 7 49 	 . _ _ __„ 	 	 	 	
    7 5 tf 7 90 „__ 	 , 	 	 _ 	 _....„ ..
    8010649 	 	 . _ 	 	
    4510(99.... 	 	 . ...
    9 9 tg 9 19 _
    »5 W999
    '00 1C "0*9 	
    '09 W '094
    1 1 0 to 1 1 49 -- 	 . .__ __. _«_
    If f M It 00
    unin 19 1*
    12.5 » "2.99 .. 	 	
    130 or yiiaiar. 	 .._..«...... 	 	 _.
    
    Sea
    factor
    071
    074
    061
    068
    097
    1 OS
    1 14
    1 19
    
    
    Praeasa
    lactar
    081
    068
    1 00
    109
    1 19
    1 29
    1 41
    1 53
    1 67
    182
    198
    2.15
    2.34
    2.44
    
      (3) Example of the application of the
    above factors. Example—Lube refinery
    125.000 bbl per stream day throughput.
      Saa Tabkt i4i942(b)(2) tor procasa factor Piocass
    factor.n Kg
      Saa TaoM } 419 42(bH1) lor mm factor (or 125 000 MX par
    straarn day kjoa rafinwy Sua lactoroi) 9T
      To cateuJaia ma imns lor aacn paramanr. multiply ma iimi
    {419 42(a| Oy ooin irw procasa lactor and vie (actor BOOS
    limrt (rnanmum 'or any I day)- 179x038x097= 153  ib
    par 1.000 DM ol toaonack.
    
      (c) The provisions of S 419.12(c) apply
    to discharges of process wastewaler
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart.
      (d) 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/1.
      (e) Effluent Limitations for Runoff—
    (Reserved)
    
    § 419.43  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-.32. any existing point source
    subject to this subpart must achieve the
    following effluent limitations
      |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 bet of faadsieck par itrum day
    Lass man 49 9 	 ._ . ..
    SO 0 to 74 9 	 	 - 	 	 	
    75 0 10 99 9 ._ 	 	 _. 	 	 	 _
    1000 to 1249 	 .
    125 Oto 149 9 	 	 . ...
    1500 to 1749 ._ _. 	 . 	 __
    179010 1999 	 . 	 . .
    200 0 or ofaatar . ..... ... _. „ .. „ . ....
    Sizo
    (actor
    071
    074
    081
    088
    097
    105
    1 14
    1 19
                                                                                         (2) Process factor.
    
    
    Lass than 6 49 	 .... .... .
    8510749 . 	 	
    7 5 b) 7 99 ....,„ 	
    8 0 to 8 49 _ . 	 . 	 . 	
    8 5 to 6 99 	 	 _
    9 0 IO 9 49 	 ._ 	 	 . __ 	 	
    9 5 IO 9 99 	 .... 	
    100 to 10 '9
    10$ 10 1099 	 	 	
    P 0 to 11 49
    1 1 5 to 1 1 99 . 	 	 	 _. __
    120 IO 12.49 .. 	 	 _
    12 5 to 1299 .. - ._.--..- - ...
    Proem
    lactor
    081
    088
    100
    109
    1 19
    129
    1 41
    1 53
    1 67
    182
    196
    2.15
    134
                                                                    210
    

    -------
                Federal Register  / Vol.  47.  No.  Z(H  /  MoncKiy.  October 18. 19H2 /  Rule*  diuJ  Rt-jjululionh
                os» conligwation
    OOar oreanr -
    Prnceu
     facto
                                         2*4
      (J) See the comprehensive example m
    Subpart D. § 419.42(b)(3).
      (c) The provisions of § 419.13(c) apply
    to discharges of process wastewaler
    pollutants attnbutable to ballast water
    by a point source subject to the
    provisions of this subpart.
      (d) The quantity and quality of
    pollutants or pollutant properties
    controlled by this paragraph.
    attnbutable 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/1.
      (e) Effluent Limitation for Runoff—
    (Reserved]
    
    9 419.44  Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the best conventional pollutant control
    technology (BCT>—{Reserved!
    
    5 419.45  Pretreatment standards for
    existing sources (PSES).
      Except as provided in 40 CFR 403.7
    and 403.13 any existing source subject to
    this subpart which introduces pollutants
    into a publicly owned treatment  works
    must comply with 40 CFR Part 403"and
    achieve the following pretreatment
    standards for existing sources (PSES)
    The following standards apply to the
    total refinery  flow contribution to the
    POTW.
          PcHuuni or BOttuam property
                                      Ml*.
                                    standards
                                    maunum
                                    lor my i
                                      0*y
                                     lmo/0
    CM aM grnM .   ...
    Airmona (as N)	
       100
      •100
      •Where ma rjacnarge u> tn« POTW comma solely al sow
    •aters. me o«mer of operator nas me ooton of complying,
    wiffi ma  iimn or me dariy  mawmum maas hmriauon 'or
            I lortn in • 419 43 (a) and (B)
    § 419.46  Standards of performance for
    new sources (NSPS).
      (a) Any new source subject to this
    subpart must achieve the following new
    source performance standards (NSPS)-
                                                "rMuiam or poouiani pi nearly
                                                                          NSPSitfluan
                                                                       lor any i
                                                                         aday
                                              AV4JfQQC
                                              oidaty
                                              values let
                                                30
                                              no* day*
                                              snalnoi
                                     Uetnc unm (kaao/oma
                                      par 1.000 m'  ol
    aooi . . 	 	
    TSS 	 	 	
    COO ' . 	 	 __
    CH and grease _. 	 —
    
    Svf|4e
    Tnul rnrnmun
    Hauvkient cnromurn . _ . 	
    pH . 	 . 	 .
    
    346
    234
    2450
    IDS
    234
    0.220
    0.52
    0046
    <•)
    Engksn un
    par IOC
    184
    149
    1280
    56
    107
    010
    031
    0021
    I1)
    «s (pounds
    » OH Ol
    8OO . 	 _
    TSS _ _ . 	 .
    COO ' 	 	 	 	
    Ori a^d Q/eaae
    
    Ajiwnoma as N 	
    Sutham
    Tola* wv1"*!"*™ 	 _ 	 ...,
    
    JM 	
    
    1&2
    83
    870
    38
    0088
    83
    0078
    0180
    0022
    O
    65
    S3
    4$0
    20
    0043
    38
    0035
    0105
    00072
    O
              'SMI
                      e tollowno; law* « f 419 13(O
               Winw ;rw ranoa 6.0 10 0 0
    
               |b| The limits set forth in paragraph
            (a) of this section are to be multiplied by
            the following factors to calculate the
            maximum fur any one day and
            maximum average of daily values for
            thirty consecutive days.
               (1) Size factor.
                i coo ecu oi
                                      day
                                               S«
    Less :nan *9 9 	 	 	
    «0 o >o 74 9 	 	 	
    7*010999 	 	 	 	 	
    innn r, i5«o
    i?« an 149 9 	
    1500101749 _ 	 	
    174 a 10 190 9 	 	 	
    200 0 or greater . 	 	
    	 _.| 0"
    	 n 74
    | nm
    i n«a
    	 	 	 i 09'
    . 	 | 1 OS
    	 ' 1 14
    - 	 i "9
              (2) Process factor.
    Process configuramn , ^jjor*
    Less man 6 49 	 	 	 „ .1
    r. « >n 7 49 . ... ,
    ' » 'O 7 99 	
    B 0 to 8 49 	 	 	 ,'
    If*. 11} * 90 	
    90 rij a A* 	 _ 	
    9 5 IO 9 99 ... 	 	 . . !
    ion 101949 .. 	 	 .
    to 5 to 10 99 . ... 	 . _
    1 1 0 to 1 1 49 . . 	 	 	 	 '
    11 5 IQ 1 1 99
    120IOI249 ... _. 	 	 |
    125 to 1299 . ._.__._ 	 J
    13 0 or greater ... . ............ _ 	 •
    081
    088
    too
    109
    1 19
    129
    1 41
    1 S3
    167
    182
    198
    215
    234
    244
       (3) Sou the compn.-licn.Mvf* example m
    Subpurl D. §419.42(h)(.U
      (c) Th«: provisions of S 419.15(c) apply
    lo discharges of process wastewaler
    pollutants attributable to  ballast water
    by d point source subject  to the
    provision of this subpart.
      (d) 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/1.
      (c) El fluent Limitations for Runoff—
    (Reserved)
    
    !> 419.47   Pretreatment standards tor new
    sources (PSNS).
      Except as provided in 40 CFR 403.7.
    any new source subject to this subpart
    which introduces pollutants into a
    publicly owned treatment works must
    comply with 40 CFR Part  403 and
    achieve the following pretreatment
    standards for new sources (PSNS).
      (a) The following standards apply to
    the total refinery flow contribution to
    the POTW
          »o
    -------
    46456     Federal Register  / Vol. 47.  No. 201 /  Monday. October 18.  1982  /  Rules and Regulations
    Subpart E—Integrated Subcategory
    
    § 419.50  Applicability; description of the
    Integrated subcategory.
      The provisions of this subpart are
    applicable to all discharges resulting
    from any facility that produces
    petroleum products by the use of
    topping, cracking, lube oil manufacturing
    processes, and petrochemical
    operations, whether or not the facility
    includes any process in addition to
    topping, cracking, lube oil manufacturing
    processes, and petrochemical
    operations.
    
    § 419.51  Specialized definitions.
      The general definitions, abbreviations.
    and methods of analysis set forth in Part
    401 of this chapter and the specialized
    definitions set forth in § 419.31 shall
    apply to this subpart.
    
    9 419.52  Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the best practicable control technology
    currently available (BPT%
      (a) Except as provided in 40 CFR
    12S.30-.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 practicable control
    technology currently available (BPT):
    
    
    Potlutwil oc pollutmt propwiy
    
    
    aPTEmuam
    LmUDona
    
    Munwn
    for any 1
    day
    
    Avaram
    of oa*r
    vaAwafcr
    30
    nvadaya
    mall not
    axcMd
                            Maine unra (Uograma
                             par  1.000  m*  of
    8OO ........
    Tiea
    fftfi
    
    
    Aimma a
    SulHa-__
    Total Cnnx
    haxavafant
    PM
    
    
    
    
    
    .M
    •""
    
    
    544
    373
    3880
    171
    040
    234
    035
    062
    0088
    n
    289
    237
    198.0
    91
    0.192
    108
    0158
    048
    0032
    O
                            EngUan  unrta  (pounds
                             par  1.000  bM of
    ROO* . 	
    TSS
    COO1 . 	
    Oi and graaaa
    p^HOl^ oompOM^It
    -il-mal^ I. M
    SuffM.
    T^ff ^IMy^fM
    
    P"
    
    19.2
    132
    1380
    80
    014
    8J
    0124
    029
    0029
    O
    102
    84
    700
    32
    0068
    38
    0058
    0.17
    0011
    (1
       (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 MM ai iMoanck par stieam day
     Laaa tnan 124 9-
     1500 to 174 9 _
     ITS 010 199 9-_
                                    Siza factor
    073
    078
    083
    091
    0.99
    104
       (2) Process factor.
    Prcea»s configuration
    laaa tnan 6.-9 .. 	 	 _ 	
    * 5 it 7 40
    7 5 to 7 99 _____ —_____...-_. _____
    • a m *'a 	 	
    » S »f 9* 	
    90 «» 9 49 	 	
    ? $ r-. 9 99 	 	 , .
    in n M in _a
    'OS "0 ">99
    HO*-. 11-9 	
    11 « M 11 aa
    'JO1* '?-» 	
    175 Hf 1790 	 	
    '3,0 v grt-«r 	 ,.,..„ 	
    
    Proem
    (actor
    075
    082
    092
    100
    1 10
    120
    130
    142
    154
    168
    183
    199
    117
    1M
     •SM foamm fettowng tuM n f 419.13(C).
     1 Witun ma ranga 6 0 to 9 0.
      (3) See the comprehensive example in
    Subpart D. S 419.42(b)(3).
      (c) The provisions of § 419.12(c) apply
    to discharges  of process wastewater
    pollutants attnbutable to ballast water
    by a point source subject to the
    provision of this  subpart.
      (d) The quantity and quality of
    pollutants or pollutant properties
    controlled by  this paragraph.
    attnbutable 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.
      (e) Effluent  Limitations for Runoff—
    (Reserved)
    
    § 419.53  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
    125.30-32, 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 technology
    economically achievable (BAT):
        Po-uian or poUulM property
                                       BAT EfRuant
                                        Ufl-rtiflons
    
                                             Avar-
                                           I  «9«o«
                                           I  daily
                                      Max*. I
    
                                      'ar*ar!y i  co(v
                                      I day
                                        '0/30
                                       sacutjva
                                        oaya
                                        mail
                                         not
                                                                          Metnc unrts (kilo-
                                                                           1 fJOO
                                              COO1  ....	
                                              P"-MOfcc compounds i.
                                                     AB N __^_
                                              Tool ctVorrauni .
    3880
      040
     234
      035
      0068
      0068
                                      . 1980
                                         0 192
                                        108
                                         3158
                                      I   0032
                                      I   0032
                                                                           (pound*    par
                                                                           1.000 M*  of
     COO1   .
     Phanoncc
     Ammonia aa N.
     Sulflda	
                                                                          1380    700
                                                                           0 14 I   0068
                                                                           83  |   38
                                                                           0124|   OOS8
                                                                           029 j   017
                                                                           0025   0.011
      •Saa lootnoia loilOMng laolo « {419 13(C).
    
       (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.
                                                                                          i.OOO DM ol faadaiock par uroam day    I Sfea factor
    Laaatnan 1249_
    1250 to 1499.
    1500 to 1749.
    175010 1999. .
    200102249 ..__
    225 or graaiar
    
    	 	 	 J
    1
    
    i
    073
    078
    083
    391
    099
    104
                                                                                         2) Process factor.
    Procasa configuration
    l.»«t IH»" « 49 	
    8 « It) 7 4B ... .
    75 to 799
    8 0 to 8 49 „ _ _ _
    8 5 to 8 99 	 	 _ _ . . 	 	
    9 O 19 9 40
    9 5 to 9 99 	 	
    ion iif in .a 	 _ 	 _,
    io«!q in as 	 _ 	
    ii n MI 140 	 	 	 	 , 	 	 	 	
    1 1 S to 1 1 99 	 	 	 .__ .__ 	 - - _.._
    1701417.9 	 j 	 	
    us m 1399
    13 Q or great**
    
    Procn.
    'actor
    0 75
    082
    092
    1 00
    1 10
    1 20
    130
    1 42
    1 54
    1 68
    183
    1 99
    217
    228
    
      (3) See the comprehensive example in
    Subpart D. S 419.42(b)(3).
      (c) The provisions of § 419.13(c) apply
    to discharges of process wastewater
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart.
                                                                  212
    

    -------
              Federal  Register /  Vol. 47. No. 201  / Monday.  October 18. 1982 /  Rules  and  Regulations     46457
      (d) The quantity and quality of
    pollutants or pollutant properties
    controlled by this paragraph.
    attributable to once-through i.uoling
    water, drc i:\cluderl from the disc-hiirxc
    allowed by paragraph (b) of (his section
    Once-through cooling water may be
    discharged with a total organic carbon
    concentration not to evceed 5 mg/l
         (e| Effluent Limitdtions for Runoff—
    (Reserved)
    
    $ 419.54  Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the best conventional pollutant control
    technology (BCT)—(Reserved)
    
    § 419.35  Pretreatment standards for
    existing sources (PSES)
    
      Except as provided in 40 CFR 403.7
    and 403.13 any existing source bubiect to
    this subpart which introduces pollutants
    into a publicly owned treatment works
    must comply with 40 CFR 403 and
    achieve the following pretreatment
    standards for existing sources (PSES).
    The following standards apply to the
    total refinery flow contribution to the
    POTW:
                                                                    Mamc urns (knoo/vm
                                                                     par  1000  m-  ol
                                                                     raadstock)
    BCO5
    TSS... . _ .
    COO ' . . _._- _
    Oil and graaaa . 	 —
    Ammona as N .._._. ._
    Total cnromum
    HaxavalarN cnronmjm .„« .. __. __
    pH _ . 	 	
    
    416
    281
    2950
    126
    234
    0.26
    064
    0052
    Engksn
    par
    221
    179
    1520
    67
    107
    0 12
    037
    0024
    O
    urns (pounds
    1000 em ol
      •So* foomota following laoM « J 419 I3(cl
      •Wrttwi ma ranga 60 to 90
    
      (b) The limits set forth m 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.
                                                                                        controlled by this paragraph.
                                                                                        dttnbu table to once-through cooling
                                                                                        water, are excluded from the discharge
                                                                                        allowed by paragraph (b) of this section
                                                                                        Once-thruugh cooling water may be
                                                                                        discharged with a total organic carbon
                                                                                        concentration not to exceed 5 mg/l
                                                                                          (e) Effluent Limitations for Runoff—
                                                                                        (Reserved).
    
                                                                                        § 419.57  Pretreatment standards for new
                                                                                        sources (PSNS).
                                                                                          Except as provided m 40 CF$ 403.7.
                                                                                        any new source subject to this subpart
                                                                                        which introduces pollutants into a
                                                                                        publicly owned treatment works must
                                                                                        comply with 40 CFR Part 403 and
                                                                                        achieve  the following pretreatment
                                                                                        standards  for new sources (PSNS).
                                                                                          (a) The following standards apply to
                                                                                        the total refinery flow contribution to
                                                                                        the POTW:
                                                                                           Polutani or pofluiam prooaty
    
                                                                                                                     lor any 1
      'Where ma oisenarga to ma POTW oonarra soMy at sou
    waters, ma owner or oparator rtas ma option ol comparing
    with ma)  limn or ma datfy manmum mass Itmtaoon lor
    ammonia aat toon « 1419 S3 (al and (b)
    § 419.58  Standards of performance for
    new source* (NSPS).
      (a) Any new source subject to this
    subpart must achieve the following new
    source performance standards (NSPS):
                             NSPSaffluarH
    Pouutam or poiiuiant propany
                          Mannum
                          lor any 1
                            day
                                     Avwot
                                     oloariy
                                    vakiaaioi
                                      M
                                   t»«day»
                                   sfialnoi
    Lass man 6 49 	
    6 S to 7 49 	
    7 5 to 7 99 	
    60108.49 	 .
    • S "0899 	
    9010949 _ . _
    9 S V 9 99 	
    100 10 1049 _
    105 to 1099 . 	
    1 1 0 to 1 1 49 _
    11 51011 99 	
    12 01012 49.. _
    12SU 1299 .
    13 0 or graatar . .
    
    i
    __ . 	 . 	 . . 	
    "" 	 "1
    " 	 "1
    _. j
    
    	 	 . _ _• __]
    !
    1
    . _ . . . .. .. . ..
    
    1
                                                                                  075
                                                                                  082
                                                                                  092
                                                                                  100
                                                                                  1 10
                                                                                  1.20
                                                                                  130
                                                                                  142
                                                                                  154
                                                                                  188
                                                                                  183
                                                                                  199
                                                                                  2.17
                                                                                  i»
                                                (3) See the comprehensive example m
                                              Subpart 0. § 4l9.42(b)(3).
                                                (c) The provisions of § 419.15(c) apply
                                              to discharges of process wastewater
                                              pollutants attnbutable to ballast water
                                              by a  point source subject to the
                                              provision of this subpart.
                                                (d) The quantity and quality of
                                              pollutants or pollutant properties
                                                                                                                      par
                                                                                                                      (mo/l)
                                                                                     On and graaaa  _
                                                                                     Ammona (as N)	
                                                                                                                  _ .
                                                                                                                            100
                                                                                                                           '100
                                                                                       'Whara ma doenarga to ma POTW consols solely ol sour
                                                                                     waters, me owner or operator has ma option ol comprying
                                                                                     wim tm arm or ma oufy manmum mass tarnation lor
                                                                                           I sal lorn «i f 419 58 (al and (61
                                                                                        (b) The following standard is applied
                                                                                     to the cooling tower discharge part of
                                                                                     the total refinery flow to the POTW by
                                                                                     multiplying: (1) The standards. (2) by the
                                                                                     total refinery flow to the POTW: and (3]
                                                                                     by the ratio of the cooling tower
                                                                                     discharge flow to the total refinery flow
                                                                                                                      Pravaat-
                                                                                                                       mam
                                                                                                                     standards
                                                                                           Bonulam or oonuiam orooany
                                                                                                                     numntuni
                                                                                                                     (orany I
                                                                                                                       aay
                                                                                                                      (mg/l)
                                                                                       |FH Due. B2-2H0M rih-tf HMJ-Ht b U ami
    
                                                                                       BILLING CODE 6MO-50-M
                                                        213
    

    -------
        Tuesday
        August 28, 1984
        Part III
        Environmental
    
        Protection  Agency
    
        40 CFR Part 419
        Petroleum Refining Point Source
        Category; Effluent Limitations Guidelines
        and Pretreatment Standards; Proposed
        Regulation
    214
    

    -------
    34152
                      Federal Register / Vol. 4P. No. 16*1 / Tuesday. Angus* 28. 1W4 / Pnipoacd Rules
    ENVIRONMENTAL PROTECTION
    AGENCY
    
    40 CFR Part 419
    
    IOW-Fm.-2606-1|
    
    Petroleum Refining Point Source
    Category; Effluent Limitations
    Guidelines and Pretreatment
    Standards
    
    AGENCY: Environmental Proieclion
    Agency (EPA).
    ACTION: Proposed regulation.
    
    SUMMARr EPA proposes modifications
    to the regulation which limits effluent
    discharges to waters of the United
    Slates from facilities engaged in the
    refining and processing of petroleum.
    EPA agreed to propose these
    modifications in a settlement agreement
    which resolved  the lawsuit brought
    Hgninsl EPA by  I he N.iturnl Resources
    Defense Council. Inc.. challenging the
    final petroleum refining regulation
    promulgated by EPA on October 18,
    1962.
      The proposed modifications include:
    (1) Amendments to the "best available
    technology" (DAT) effluent limitations
    for process was/ewater for the
    pollutants phenolic compounds, lotal
    ch'romium. and hexavalenl chromium:
    (2) "best conventional  pollutant
    technology" (DCT) effluent limitations
    for process wRstewaten and (3] "best
    practicable technology" (8PTJ. BCT. and
    BAT effluent limitations for
    contaminated slonn water runoff.
    DATE Comments on this proposal must
    be submitted on or before September 27.
    1984.
    ADDRESSES: Send comments to: Mr.
    Dennis Ruddy. Effluent Guidelines
    Dnision (WH-552). Environmental
    Protection Agpncy. 401 M  Street.  S.W..
    Washington. D.C  20460. Attention: EGD
    Docket Ctork. Proposed Petroleum
    Refining Rules (WH-552).
      The supporting information and all
    comments on this  proposal will be
    available for inspection and copying at
    the EPA Public Information Reference
    Unit. Room 2922 (EPA Library). The EPA
    information regulation provides that a
    reasonable fee may be charged for
    copying
    FOR FURTHER INFORMATION CONTACT:
    Mr. Dennis Ruddy. Effluent Guidelines
    Division, at (202) 382-7131.
    SUPPLEMENTART INFORMATION!
    I. Legal Authority
    II. Background
      A. Pnnr Regulation
      B. Challengei (o the Prior Regulation
      C Settlement Agreement
                                           111. PropoicO Anen'dmi-nl) la the Celrolrum
                                               Refining Point Source Ciliary
                                               Rrjnilatim
                                             A. Bear Available Trrhi«lo«.|r KFTluenl
                                               (.imitations Guidelines
                                             B. Best Conventional Pollutant Technology
                                               Effluent Limitations
                                             C Effluent Limitalioni Cuidulinct for
                                               Contaminated Sturm Water Runoff
                                           IV. Cntirofimental Impact of the Proposed
                                               Modifications to the Petroleum Refining
                                               Industry Regulation
                                           V. Solicitation of Comment*
                                           VI Executive Order 1291
                                           VIL Regulatory Flexibility Analyst*
                                           VUl/OMB Review
                                           IX Litt of Subjects: 40 CFR  Part 41«
    
                                           I. Legal Authority
    
                                             The amendments to the regulation
                                           described in this notice are proposed
                                           under the authority of sections 301. 304.
                                           307. 308. and 501 of the Clean'Waler Act
                                           (the Federal-Water Pollution Control Act
                                           Amendments of 1972. 33  U.S.C 1251. et
                                           scq.. as amended by the  Clean Water
                                           Act of 1977. Pub. L. 92517). These
                                           changes are also proposed in response
                                           to the Settlement Agreement in Natural
                                           Resources Defense Council. lac. v.
                                           Environmental Protection Agency. No.
                                           83-1122 (D.C Or.).
    
                                           II. Background
                                           A. Prior Regulation
    
                                             On  October 13.1992. EPA published
                                           final effluent limitations guidelines and
                                           standards for the petroleum refining
                                           point source category. That regulation
                                           provided Final effluent limitations for
                                           "best  available technology economically
                                           achievable" (BAT) and established final
                                           pretreatmenl standards for existing
                                           sources (PSES) and for new sources
                                           (PSNS). The Agency retained ils
                                           previously promulgated "new source
                                           performance standards"  (NSPS) and
                                           also did not modify its effluent
                                           limitations guidelines for "best
                                           practicable control technology currently
                                           available" (BPT). The Agency reserved
                                           coverage of "best conventional pollutant
                                           control technology" (BCT] effluent
                                           limitations guidelines. The pieamble to
                                           the final regulation describes the history
                                           of (he  rulemakmg.  47 FR 46434.
                                           B. Challenges to the Prior Regulation
    
                                             The Natural Resources Defense
                                           Council.  Inc. ("NRDC"] filed a petition
                                           to review the final petroleum refining
                                           regulation. Natural Resources Defense
                                           Council.  Inc. v. Environmental
                                           Protection Agency. No. 83-1122 (D.C
                                           Cir). The American Petroleum Institute
                                           ("API") and seven individual oiJ
                                           companies (hereinafter referred to as
                                           "Intervenes") intervened in the
                                           litigation.
     C Settlement Agreement
       On April 17,19«. EPA. NRDC. API
     antl all other inlerveners to the liiignlinn
     entered into a comprehensive
     Settlement Agreement which resoKed
     all of the issues raised by the petitioner
     and all intervene™. In the Settlement
     Agreement. EPA agreed (o publish a
     notice of proposed rulemaking and lo
     solicit comments regarding certain
     modifications to the final petroleum
     refining BAT effluent  limitations
     guidelines. In addition. EPA agreed to
     propose BCT effluent  limitations
     guidelines for four conventional
     pollutants and BPT. BAT and BCT
     effluent limitations guidelines for
     contaminated storm water runoff.
     Petitioner NRDC agreed that if EPA
     takes final action pursuant to and
     consistent with the Settlement
     Agreement thai i( •Mill dismiss ils
     tatvsuit challenging (he final petroleum
     refining regulation.
       As part of the Settlement Agreement.
     the parties agreed  to seek a judicial stay
     of the regulatory provisions to be
     modified. On July 24.1984 the Co-jrt
     entered a stay of the effluent limitations
     for phenolic compounds, total chromium
     and  hexavalent chromium for the
     following portions of the regulation
     pending the rulemaking- 40 CFR
     419.13(3]. 419.23(aJ. 41933(a). 41943(a).
     and  419.S3(a).
    
     III. Proposed Amendments lo the
     Petroleum Refining Point Source
     Category Regulation
      The following are the changes lo the
     petroleum industry regulation that EPA
     is»proposmg:
    A. Best Available Technology Effluent
    Limitations Guidelines
      On October 18. 1982 EPA published
    final effluent limitations gUidelinn for
    best  available technology economical!)
    achievable (BAT) and  final pretrea'ment
    standards for existing  sources [PSES!
    and for new sources |PSNS) fur the
    petroleum refining industry  47 PR 46434
    The Natural Resources Defense Council
    ("NDRC") filed a petition to review the
    October 18. 1982 regulation in the United
    Slates Court of Appeals for the  District
    of Columbia Circuit. The American
    Petroleum Institute (API) and seven
    companies which own and operate
    petroleum refineries intervened in  that
    proceeding. A number  of issues were
    raised in settlement discussions among
    the parties in the lawsuit pertaining lo
    the BAT effluent limitations guidelines.
    After extensive discussions, the
    petitioner, inlerveners  and EPA entered
    a Settlement Agreement, which provides
    for specified revisions  lo the BAT
                                                           215
    

    -------
                     Federal Register / Vol. 49. No. 100 / Tuesday, August 28. 1004 / Proposed Rules
                                                                         34153
    effluent limitations gnldrllnns. Those
    revision* are set forth In today's
    proposal.
      In October 1982 EPA promulgated
    BAT effluent limitations for the
    following pollutants: (1) Non-
    conventional pollutants: chemical
    oxygen demand (COO), phenolic
    compounds (4AAP). ammonia (as N) and
    sulfide: and (2) toxic pollutants: total
    chromium and hexavalent chromium.
    The model technology for these
    regulations was flow equalization, initial
    oil and solids removal, advanced oil and
    solids removal, biological treatment and
    nitration or other final "polishing steps."
      The Agency is now proposing to
    amend the BAT effluent limitations
    guidelines for total chromium.
    hexavalent chromium and phenolic
    compounds (4AAPJ. EPA is proposing to
    add flow reduction to (he model
    treatment technology for  the BAT
    effluent limitations guidelines and to
    base I he effluent limitations for each of
    these three pollutants on a more recent
    data base, rather than the one it relied
    upon in the October ia 1982 BAT
    promulgation. That rulemaking utilized
    the same data base used  by the Agency
    when it established best practicable
    control technology currently available
    (OPT) effluent limitation guidelines for
    the petroleum refining point source
    category. BPT level of control for  this
    industry was promulgated on May 9.
    1974 (39 FR 16360) and subsequently
    amended on May 20. 1975 (40 FR 21939).
    The BAT effluent limitation guidelines
    for other pollutants would remain
    unchanged.
      The BAT effluent limitations
    guidelines for total chromium being
    proposed today are based upon the
    revised 1979 flow model developed by
    the Agencf )o predict refinery flows.
    rather than the BPT 1974  flow model
    used in the October 1982  BAT
    promulgation. The effbent limitations
    for total chromium proposed today were
    derived by applying this updated flow
    model to concentrations for total
    chromium observed from plant sampling
    in 1978-1977.
      BAT effluent limitations guidelines for
    hcxavelenl chromium and phenolic
    compounds being proposed today were
    dmved using the 1982 Development
    Document concentrations and the
    revised 1979 flow model to more
    arcurately represent effluent reductions
    for Iheie pollutants which the Industry
    was generally achieving in 1979 or could
    technologically was generally achieving
    in 1979 or could technologically achieve
    by  the final BAT compliance dale. BAT
    for hexavalent chromium being
    proposed today is based upon Option 7
    (discharge flow reduction of 37.5  percent
    from the revised 1079 model flow). BAT
    for phenolic compounds (4AAP) being
    proposed today is based upon option 8
    (a reduction of 20 percent from the
    revised 1979 model flow).
      Under today's proposal the BAT
    effluent limitations guidelines for each
    of these there pollutants would be
    substantially more stringent than the
    BAT effluent limitations guidelines
    promulgated in 1982. The total allowable
    discharge of total chromium to the
    nation's navigable waters would be
    reduced by approximately 288.000
    pounds per year, a 86% annual reduction
    beyond discharge levels allowable
    under the existing BAT effluent
    limitations guidelines: the total
    allowable discharge of hexavalent
    chromium would be reduced by
    approximately 19.300 pounds per year, a
    56*3 annual reduction beyond discharge
    levels allowable under existing BAT: the
    total allowable discharge of phenolic
    compounds (4AAP). would be reduced
    by approximately 75.000 pounds per
    year, a 43% annual reduction beyond
    discharge levels allowable under
    existing BAT. These reductions are
    based on data in the Agency's refined
    BAT model. The refined flow model la
    included in the record for this
    rulemaking proposal in a report entitled
    "Petroleum Refining Industry,
    Refinements to 1979 Proposed Flow
    Model."
      EPA believes (hat approximately one
    half of refineries which directly
    discharge pollutants to navigable waters
    already are complying with the effluent
    limitations being proposed today.
    Further. EPA believes that these effluent
    limitations are economically'achiovabie
    for the industry.
      In  the preamble to the October 18.
    1982 promulgated regulations for this
    industry. EPA estimated that capital
    costs of S112 million and S37 million
    (1979 dollars)  In annualized costs would
    be required in order for petroleum
    refiners to comply with option 7. one of
    the BAT control treatment options
    considered by the Agency (47 FR 46438).
    Likewise. EPA estimated that capital
    costs of $77 million and annualized
    costs of S23 million (1979J dollars would
    be required in order for petroleum
    refiners to comply with option 8. another
    of the OAT control treatment options
    considered by the Agency (47 FR 46438).-
      The revised limitations being
    proposed today for phenolic compounds.
    hexavalent chromium and  total
    chromium are not based on either option
    7 or option 8 alone. The  effluent
    limitations for phenolic compounds are
    based upon option 8. The effluent
    limitations for hexavalent chromium are
    based upon option 7  The effluent
    limitations for total chromium, while
    somewhat more stringent than the BPT
    effluent limitations for total chromium.
    are less stringent than those bascH upon
    option 8.
      The Agency has reevaluated the costs
    of compliance for today's proposed
    changes to the BAT effluent limitations
    and estimates that the total industry
    costs of compliance would  not exceed
    those  previously calculated for option 8.
    EPA estimates that no more than 81
    petroleum refineries will have to incur
    aggregate capital costs no greater than
    S77 million and annualized costs no
    greater than $25 million (1979 dollars).
    These costs translate to an average
    increase of no greater than one half cent
    per gaHon of refinery  product. No
    refinery closures are anticipated by  the
    Agency. Refinery capacity and
    consumption would remain unaffected.
    Given these factors, the Agency believes
    that its earlier heavy reliance on costs
    as the basis for rejecting more stringent
    effluent controls in this industry was
    inappropriate, and thai the effluent
    limitations guidelines for total
    chromium, hexavalent chromium and
    phenolic compounds (4AAP) being
    proposed today, rather than the effluent
    limitations guidelines promulgated in
    1982. are appropriate  for this industry as
    the BAT level of control The  revised
    proposed BAT numerical limitations are
    contained in the proposed regulation.
    8. Best Conventional Pollutant
    Technology Effluent Limitations
    Guidelines
      As part of the Settlement Agreement
    EPA agreed to propose best
    conventional pollutant control
    technology ("BCT") effluent limitations
    guidelines for the petroleum refining
    industry. The 1977 Amendments to the
    Clean Water Act ("CWA") added
    section 301(b)(2)(E) of the Act
    establishing BCT for discharge of
    conventional pollutants from existing
    industrial point sources. Conventional
    pollutants are those defined in Section
    304(a](4) (biochemical oxygen -
    demanding pollutants (BOD») total
    suspended solids (TSS). fecal coliform
    and pK|. and any additional pollutants
    defined by the Administrator as
    "conventional". The Administrator
    designated oil and grease as a
    conventional pollutant on July 30.1979.
    44 FR  44501.
      BCT is not an additional limitation t>ul
    replaces OAT for the control of
    conventional pollutants. In  addition  to
    other factors specified in section
    304(b)(4)(B) the Act requires the BCT
    limitations be assessed in light of a two
    part "cost reasonableness" test.
                                                          216
    

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    34154
    Federal Register / Vol  49. No. 108 / Tuusdny, August 21T. 19H4 / Proposed Rules
    Amencnn Paper Institute v. Ef'A. 600
    FZd954 (4(h Cic. 1861]. The first lcs<
    compares the COB! Tor private industry lo
    reduce its conventional pollulanli with
    the coats to publicly owned treatment
    works for similar levels of reduction in
    their discharge of these pollutants. The
    second lest examines the cost-
    effectiveness of additional  industrial
    treatment beyond best practicable
    control technology currently available
    (BPT). EI'A must find that limitations are
    "reasonable" under both tests before
    establishing them as BCT. In no case
    may BCT be less stringent  than BPT.
      EPA published a proposed SCT
    methodology oo October 29.1982. (47 FR
    49176V This proposed BCT  methodology
    explains  the details of the two part cost-
    reasonableness test Le., the "POTW
    lest" and ihe "industry cosl test".
    Today's proposed BCT effluent
    limitation* guidelines for the petroleum
    refuting industry are based on tbe
    proposed BCT irelhodolosy. EPA is
    proposing that BCT be set equal to BPT
    For the petroleum refining industry.
      EP*i considered two levels of
    technology for incremental control
    beyond BPT of total suspended solid*
    (TSS} and oil and grease. These   -
    technology levels are recycle/reuse and
    recycle/reuse followed by granular
    media filtration. These technologies an
    already in use at certain sites in the
    petroleum refining industry. These
    technologies were selected as candidate
    BCT technologies because the Agency
    believes they represent the first levels of
    contraf beyond BPT which  could effect
    reduction! in conventional  pollutant
    loading* in this industry. Filtration alone'
    was not selected aa a candidate BCT
    technology because it ii one of the
    existing BPT treatment technologies.
    However, the Agency decided lo
    consider  the combination of recycle/
    reuse plus filtration as a candidate BCT
    technology. This is because the
    decreased hydraulic loading resulting
    from recycle/reuse results in the need
    for smaller and loss costly filtration
    equipment than that included m the BPT
    treatment model The BCT cost test wa*
    Ihen performed on the combination of
    recvde/reuse and filtration as a double-
    check on the effects of the less costly
    filtration Hep.
      In order lo determine « hcf her these
    candidate technologies are "cost-
    reasonable". EPA developed one model
    plant representative of a typical plan! in
    each of the five BPT subcalegorica. The
    five BPT lubcalPgories are:
    A—Topping
    B—Cracking
    C— Petrochemical
    D—Lube
                          C—Integrated
                          Then EPA calculated the incremental
                          [beyond BPT] conventional pollutant
                          removals and the incremental costi
                          associated with these technologies Tor
                          each model plant. Based oo this
                          information, cosl-per-pound ratios were
                          calculated for each of the fi\e BPT
                          sub categories.
                            EPA evaluated reductions in total
                          •uapended solids (TSSf. biochemical
                          oxygen demand (BOD,}, and oil and
                          grease for each of these technology
                          levels. However, oil and grease was not
                          considered For the BCT calculations for
                          recyde/retise for this industry.
                          Additionally. BOD* was not considered
                          for the BCT'calculations for filtration for
                          this industry. This is in accordance with
                          the proposed BCT methodology in order
                          to avoid "doable counting1* of the
                          amount of pollutants removed by a
                          candidate BCT technology.
                            The recycle/reuse technology option
                          identified lor BCT was evaluated in ihe
                          range of tnrrn 20 to 40 percent reduction
                          in discharge  flow. The cost per pound
                          ranges from $41.00 to 50.77 (1977 dollars]
                          in the Erst part of the proposed BCT cost
                          reasonableness test fihe "POTW test"].
                          Accordingly, the Agency found that (he
                          addition of recycle/reuse technology
                          fails the first part of the proposed BCT
                          cost reasonableness test in all five
                          subcategories (S0.30 per pound in 1977
                          dollars].
                            The Agency  also found that the
                          addition of recycle/reuse plus filtration
                          fails the first part of the proposed BCT
                          cost reasonableness test in all Gve
                          cubcategoriea.  The recycle/reuse portion
                          of this option was evaluated in the range
                          of from 20 to 40 percent reduction in
                          discharge flow. The cost per pound [J977 •
                          dollars) ranges from S21.00 to S0.53.
                          compared to Ihe benchmark of SO_3C per
                          pound (1977 dollars].
                            Therefore, the Agency is proposing
                          (hat BCT be set equal to BPT for the five
                          subcategories in this industry.
                            A more complete discussion of ihe
                          selection of the candidate BCT
                          technologies, the details of the first part
                          of the proposed BCT cost
                          reasonableness lest ("POTW lest").
                          and the basis for decision on  this
                          proposal are contained in the
                          administrative record of this rulcmnkmg,
                          C. Effluent Limitations Cuidriines for
                          Contaminated Storm Water Runoff
                            In Ihe October 18.1982 rulemukmg the
                          Agency withdrew storm water effluent
                          limitations guidelines for BPT. BAT and
                          NSPS. because they were remanded by
                          the U.S. Court of Appeals in American
                          Petrvlevai Institute v. ETA. 540 K-2d 1023
                          (10th Cir. 1978).
       Since that remand there has been
    some confusion an the pert of permit
    writers and others aa lo whether storm
    water runoff ("runoff") effluent
    limitations should be contained in
    permits. There are two kinds of such
    runoff. Le. contaminated and
    uncontaounated. The purpose of this  •
    rolemsking is to establish'BPT. BCT and
    BAT effluent limitations guidelines for
    contaminated storm water runoff. These
    proposed contaminated runoff effluent
    limitations would be included in
    petroleum refinery permits in addihon lo
    process wastewaler effluent limitations.
    NSPS for contaminated runoff is being
    reserved for future rulemaking.
       In today's proposal EPA is defining
    contaminated runoff, for purposes  of
    these regulations only, to be runoff
    hhich comes Into contact with any raw
    material, intermediate product, finished
    product, by-product or waste product
    located on petrdeum refinery property.
    Arty other storm water me off at a
    refinery ts considered uncontaminated.
    In today's proposal. EPA also is
    proposing to amend the definition of the
    term "runoff" currently found in 40 CFR
    419.11/bJ to deanfy  that i! means Ihe
    flow of jlorm water  resulting from
    precipitation coming into con lad with ,
    petroleum refinery properly.
    Contaminated runoff constitutes an
    additional source of pollution M hich
    must be managed  during periods of
    precipitation along with process
    wastewaler from refinery operations.
    The regulations being proposed today
    do nol establish numerical  effluent
    limitations for uncoatarmnaled runoff.
    Effluent limitations, including but not
    limited lo aHoca lions, for
    unconiaminaled runoff may be
    established by the permit writer based
    on his/her best professional judgment.
      The Agency believes that the best
    practicable control technology currently
    available.  Ihe best conventional
    pollutant control technology and the
    best available technology economically
    achievable for treatment of
    contaminated runoff are the same as the
    technologies identified /or treatment of
    process wastewaler. The Agency has
    not identified any  feasible technologies
    capable of achieving pollutant
    reductions for contaminated runoff from
    rpfinenes to any greater degree than
    those which are achievable by the
    process wastewaler treatment Facility.
      The Agency believes that the
    conventional pollutant oil and grease
    and Ihe nonconventional pollutant
    parameter total organic carbon (TOG)
    are appropriate measures to determine
    whether pollutant  loadings in
    contaminated runoff would be
                                                             217
    

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                     Federal Register / Vol. 49. No. IBS / Tuesday. August Zfl. 1984 / Proposed Rules
                                                                          34155
    measurably reduced l>y the mortal
    tree Intent technologies used to develop
    these proposed regulations. Under
    today's proposal for OPT. wastewatcr
    consisting solely of contaminated runoff
    ma>  be discharged directly without
    trea'ment if it does not exceed IS mg/l
    oil and grease and 110 mg/l TOG. based
    upon an analysis of any single grab or
    composite sample. Under today's
    proposal for BCT. wastewater consisting
    solely of contaminated runoff may be
    discharged directly without treatment if
    it does not exceed 15 mg/l oil and grease
    and under today's proposal for BAT.
    wastewater consisting solely of
    contaminated runoff may be discharged
    directly without treatment if it does not
    exceed 110 mg/l TOG If contaminated
    runoff (whether or not it exceeds 15 ing/
    I oil and grease or 110 mg/l TOQ is
    commingled or treated with process
    wastewater. or if wastewater consisting
    solely of contaminated runoff which
    exceeds 15 mg/I oil and grease or 110
    mg/l TOC is not commingled or treated
    with any other type of wastewater. then
    such runoff would be subject to the
    alternative BPT/BCT/BAT effluent
    limitations guidelines for contaminated
    runoff being proposed today, as'
    appropriate. These oil and grease and
    TOC numerical effluent limitations are
    based on the concentrations expected
    from the properly designed and operated
    modpl treatment facilities.
      The effluent limitations guidelines in
    today's BIT proposal for contaminated
    runoff are based on the same
    concentrations and variability factors
    used to develop the Agency's existing
    BPT process wastewater effluent
    limitations guidelines.
      Today's BAT proposal for
    contaminated runoff Is baaed upon  the
    samp concentrations and variability
    factors used to develop the Agency's
    existing BAT process wastewater
    effluent limitations guidelines, except
    those for total chromium, which are
    based upon the same concentrations
    and variability factors used for today's
    proposed BAT effluent limitations
    guidelines for process wastevtaler.
      Today's proposed BAT effluent
    guidelines for phenolic compounds
    (4AAP) for contaminated runoff are
    basrd on the same concentrations used
    for today's existing BAT effluent
    limitations guidelines for process
    wastewater and the same variability
    factors used for (he Agency's existing
    BAT effluent limitations guidelines. EPA
    has determined that this approach is
    appropriate in this proposal because of
    the specifics ol each data base available
    to the Agency. If EPA used the
    variability factors from today's
    proposrd BAT o(DiK>af limitation*
    guideline*, less stringent BAT
    contaminated runoff numerical effluent
    limitations for phenolic compounds
    (4AAP) would be derived than under
    today's proposed BPT contaminated
    runoff numerical effluent limitations for
    phenolic compounds (4AAP). The more
    stringent effluent limitations clearly are
    achievable and as a matter of law BAT
    cannot be less stringent than BPT.
      Today's BCT proposal for
    contaminated runoff Is based on the
    same concentrations and variability
    factors used for today's proposed BCT
    process wastewater effluent limitations
    guidelines.
      The Agency believes that the costs
    attributable to today's proposal will be
    minimal, while providing for reductions
    in refinery pollutant discharges. This is
    because the Agency believes the
    industry*as a whole already is (a)
    treating contaminated runoff with
    process wastewater or (b) is discharging
    contaminated runoff below today's
    proposed threshold for treatment This
    proposal does not cover contaminated
    runoff which is commingled with non-
    process wastewater streams. EPA
    believes that such instances are
    infrequent and accordingly, they are left
    to the permit wnter's discretion.
      Unlike the effluent limitations
    guidelines for process wastewater for
    this industry which are mass-based.
    today's proposed effluent limitations
    guidelines for contaminated runoff are
    concentration-based. This is because
    storm water volumes are not related to
    any measurement of refinery  production.
    However, under today's proposal permit
    effluent limitations  for contaminated
    runoff are  to be established on a ma si
    basis. The mass-based effluent
    limitations for  each regulated pollutant
    for contaminated runoff in a petroleum
    refining permit are the product of (1J the
    respective effluent guideline
    concentration for thai pollutant: and (2)
    the measured or calculated
    contaminated runoff volume.
      Under today's proposal permit writers
    are given flexibility in determining
    refinery storm  water volumes on a case
    by case basis. The following factors are
    among those appropriate for permit
    writers to consider  in determining what
    contaminated runoff volume to use in
    calculating mass-based effluent
    limitations for refinery permits- (a)
    Measured  difference between dry
    weather and wet weather discharge
    flow from the treatment facility where
    contaminated runoff is the only runoff
    present in  the treatment facility: and (b)
    volume of contaminated runoff water
    calculated from the product of (1)
    measurement of land area where
    precipitation would become
    contaminated, and (2| an historical
    measure of precipitation for the
    particular refinery location.
      Once the mass based effluent
    limitation Is derived, it may be
    incorporated into  a refinery permit in
    one of three ways. Trie proper choice
    depends on site-specific factors, such as
    local rainfall patterns and the design of
    runoff holding facilities.
      The first method is a continuous
    allocation. This presents the problem of
    providing an allocation wheano runoff
    is present and is appropriate only where
    precipitation patterns are relatively
    constant through the year or when
    holding facilities are used to bleed
    runoff into the treatment facility over
    most or aD of the year. The second
    method Is a variable allocation based on
    measurement or calculation of actual
    contaminated runoff volume. While this
    is the most  ideal method, it may present
    compliance measurement and
    enforcement complexities. The third
    method is dual wet weather/dry
    weather limitations triggered by either
    time of year, precipitation events, or
    actual contaminated runoff volume. The
    method of determining contaminated
    runoff volume used to calculate the
    effluent limitations will vary dependin
    on the method used and the design of
    any runoff holding facilities. Therefore.
    it is left to the permit wnter to select an
    appropriate method under today's
    proposal.
      These proposed regulations do not
    address uncontaminated runoff which is
    discharged  through the process
    wastewater treatment facility. This is
    because the Agency believes that
    introducing uncontaminated runoff to
    the process wastewater treatment
    system may result in the discharge of an
    increased mass of pollutants to the
    environment compared to the mass of
    pollutants discharged if no
    uncontaminated runoff were present in
    the process wastewater treatment
    system. Therefore, the Agency does not
    want to encourage this practice on a
    national basis.
      In the case of BPT. the effluent
    limitations guidelines being proposed
    today are for the following pollutants:
    (1) contentional pollutants total
    suspended solids (TSS1. oil and grease.
    five-day biochemical oxygen demand
    (BOOs) and pH: (2) nonconventional
    pollutants phenolic compounds (4AAP).
    chemical oxygen demand (COD) and
    total organic carbon (TOC}: and (3) to*
    pollutants total chromium and
    hexavalent  chromium. In the case of
    BAT. the effluent limitations guidelines
                                                         218
    

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    34156
    Federal Rogi5ter / Vol. 49. No. IPO / Tuesday. August 28. 1904 / Proposed Rules
     being proposed today are for (1)
     N'onconvenlional pollutants phenolic
     compounds (4AAP). chemical o\\gen
     drnidnd (COO) and lul.il orgnmc c.irbon
     (TOC): and (2) toxic pollutants told!
     chromium and hexavalent chromium. In
     the case of BCT. (he effluent limitations
     guidelines  being proposed today are for
     the conventional pollutants TSS. oil and
     grease. BOD* and pH. In (he case of
     COO. there may be instances  where
     extremely high chloride levels (greater
     than 1.000 mg/l) will interfere with the
     COO analytical method. In this event.
     the Agency believes that TOC is an
     acceptable substitute parameter for
     COO. A TOC limitation shall be based
     upon effluent data from the particular
     refinery which correlates TOC to DOD*.
     Where adequate correlation data are not
     available, the permitting authority may
     establish a TOC limitation on a  ratio of
     2.2 to 1 to the applicable DPT /BCT
     effluent limitations for BOD». This ratio
     is based upon effluent data analyzed by
     the Agency.
       No effluent limitations guidelines for
     contaminated runoff are being proposed
     for the nonconventional pollutants
     ammonia (as N] and sulfide regulated
     under existing BPT and BAT levels of
     control.
     fV. Environmental Impact of the
     Proposed Modifications to (ha Petroleum
     Refining Industry Regulation
       ETA's estimates of the reduction in
     industry-wide direct discharges of
     phenolic compounds, hexdvalent
     chromium,  and total chromium for
     process wastewater Iron those allowed
     under the final petroleum industry
     regulation to (hose allowed by this
     proposed modification arc presented
     below.
       REDUCTIONS m ALLOW >BUE
    **<(•«
    ToMcfMMI _ .
    Ptww* oconrai 	
    »«•*»
    ten
    »S 000
    19300
    75000
    V. Solicitation of Comments
    
      EPA invites public participation in
    this nilemakmg and requests comments
    on the proposals discussed or set out in
    this notice. The Agency asks that any
    deficiencies in the record of this
    proposal he pointed to with specificity
    and that suggested revisions or
    corrections be supported by data.
    VI. Executive Order 12291
    
      Under Executive Order 12291. EPA
    must judge whether a regulation is
     "major" and therefore subject to ihe
     requirement of a Rigulalory Impact
     Analysis. This proposed regulation is
     not major because it does not fall within
     the'criteria for major-regulations
     established in Executive Order 12291
    
     VII. Regulatory  Flexibility Analysis
    
       Under the Regulatory Flexibility Act. 5
     U.S.C. 601 el seq.. EPA must prepare a
     Regulatory Flexibility Analysis for all
     proposed regulations that have a
     significant impact on a substantial
     number of small entities. The Agency
     does not believe that today's proposed
     amendments will have a significant
     impact on any segment of Ihe petroleum
     refining industry, large or small. The
     Agency Is not. therefore, preparing a
     formal analysis  for this regulation.
    
     Vin. OMB Review
    
       This regulation wds submitted to the
     Office of Management and Budget for
     review aa required by Executive Order
     12291.
    
     IX. List of Subjects in 40 CFR Part 419
    
       Petroleum. Water pollution control
     Wastewater treatment and disposal.
       Dated: August 13. 1984.
     William O. Ruckelibaua.
     Administrator.
       For the reasons set out in the
     preamble. EPA is proposing to amend 40
     CFR Part 419 as  follows:
    
     PART 419—{AMENDED!
    
       1. The authority citation for Part 419
     continues to read as follows:
       Aulfaonly: Sees.  301. 304 (b). (c). (e). and
     la I. 306 (b) and (c). 30r |b| and (c). 308. and
     SOU Federal Water Pollution Control Act ai
     amended (ihe Act). 33 U S C 1311. 1314 (b|.
     (r). («). and (3). 1316 (b) and (c) 1317 |b) and
     (c). 13ia and 1361: 96 Stal. 816. Pub. L 92-
     500: 91 Slat. 1567. Pub L 95-217.
    
       2. Section 419.11 is amended by
     revising paragraph (b| and adding
     paragraph fg) to  read as follows:
    
     i 419.11  Specialized definition*.
    
       (l)J The term "runoff" shall menn (he
     flow of storm water resulting from
     precipitation coming into contact with
     petroleum refinery property.
    
       foj The term "contaminated runoff
     shall mean runoff which corner into
     contact  with any raw material.
     intermediate product, finished product.
     by product  or waste product located on
     petroleum refinery property.
      3 Sections 419.12. 419.22.41932.
    41? 42. an-!  119 52 are amended by
    removing the paragraph heading and the
                                                                  word "reserved" in paragraph (e) and
                                                                  adding the following text:
    
                                                                  J 419.—  Effluent [Imitations guideline*
                                                                  representing th* degraa of affluent
                                                                  reduction attainable by the application of
                                                                  th« best practicable control technology
                                                                  currvntty available (BPT).
                                                                  •    •     •    i     •
                                                                    (e) 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 practicable
                                                                  control technology currently available
                                                                  by a point  source subject to this  subparl.
                                                                    (1) If wastewater consists solely of
                                                                  contaminated runoff and is not
                                                                  commingled or trea'ed with process
                                                                  wastewater. it may be discharged if il
                                                                  does not exceed 15 mg/l oil and grease
                                                                  and 110 mg/I 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
                                                                  wastewaler. or if wastewater consisting
                                                                  solely of contaminated runoff which
                                                                  exceeds 15 mg/l oil and  grease or 110
                                                                  mg/l TOC  is not commingled  or treated
                                                                  with any other type of waslewater. 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
                                                                  Ihe following table:
                                                                                                       uwxvti IB
                                                                                                        •nr i a*
                                                                                                        unc inn f>i o)
                                                                                   900..
                                                                                   TSS
                                                                                   COO«
                                                                                   CX ind ?>•«•	.
    18.
    33.
    360
    IS
    03J
    on
    OOftJ
    (M
    »
    21
    190
    I
    017
    043
    oon
    (')
                                                                                       i OOO guom * 1*7.1
    PCX* 	 	 .* 	
    CCO1 _ .„.-„_.. _„_
    
    
    
    OJO
    OH
    10
    013
    00071
    OOOM
    aooosj
    I'l
    022
    oia
    tl
    0067
    00014
    OOOM
    090073
    I'l
                                                         219
    

    -------
                      Fed oral Rcgistnr / Vol. 49. No. 108 / Tuesday, August 25. 1984 / Propo«ed Rules
                                                                            34157
               'UC a SCO. * « •« tngmrxt ai am
                        'OC
    •DM. n» *rnu«a1 (1000 oant. »>• uxmronu wiMxiiif mir
    TCC n • aw«i* « k~ of COO. A roc «nw«
       n • aw«i*
    «>•( a* ou*d an vtu** 3*1*
        CDffMia rOC a 9OOS. I
                                                                      v •> (powvn per
                                                                  1 OOC 00" c- t*MUec»l
                         Umc
                         1.008
                                     oi «o»1
                            0.3S
                                     air
      6. Sections 41913. 419 23. 419 33. and
    419.53 are amended by adding a new
    paragraph (c) to read as follows:
    
    {419.—  Effluent limitations guideline*
    representing trie degree of affluent
    reduction attainable by the application of
    !ne best available technology economically
    achievable (BAT).
      (c)(l) In addition to the provisions
    contained above pertaining to COO.
    ammonia and sulfide any existing point
    source subject- to this subpart must
    achieve the following effuent limitations
    representing the degree of effluent
    reduction attainable by the application
    of the best  available technology
    economically achievable (OAT):
      For each of the regulated pollutant
    parameters listed below, (he effluent
    limitation for a gi\en refinery is the sum
    of the products of each effluent.
    limitation factor times the  applicable
    refinery process feedstock rate.
    calculated  as provided in 40 CFR
    122-4S(b). Applicable production
    processes are presented in Appendix  A.
    hy process l>pe. The process
    identification numbers presented in ihis
    Appendix A are for the con\emence of
    the reader. They can be cross-referenced
    in the Development Document for
    Effluent Limitations Guidelines. Xew
    Source Performance Standards, and
    Pretrectment Standards for the
    Petroleum Refining Point Source
    Category (EPA 440/1-82/014). Table UI-
    7. pp. 49-54.
      (2) See the comprehensive example in
    Subpart 0. S 419.43(c](2).
      7. Section 419.43 is amended by
    adding a new paragraph (c) to read as
    follows:
    
    {419.43  Effluent limitation guideline*
    representing tne degree of effluent
    reduction attainable by the application of
    the b«*t available technology economically
    achievable (BAT).
           In addition to the provisions
    contained above pertaining to COO.
    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
    IBAT):
    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 time* the applicable
                                                            220
    

    -------
    34158
                      Federal Register / Vol. 4«O3C)MSI->
                                              8. Section 419.14 is revised to read as
                                            follows:
    
                                            5419.14  Affluent nmnattoru guMedne*
                                            representing tne degree of effluent
                                            reduction attainable by me •ppdcetton of
                                            tne best conventional pollutant control
                                            technology (8CT%
                                              (a) 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 conventional pollutant
                                            control technology"(BCTJ:
                                              BCT
                                                                              x
                                                                  1 OOP m» d iniannH
                                            TSS	
                                            01 4n) gran
                                            *M	
                              ISO
                              ao
                              (•»
                                                                              101
                                                                               rr
                                                                              (•I
                                            BOO...
    OtOTll
                              2.9
                             I'l
                                                                               42S
                                                                              (•»
      • WMMi tw ran«* ol 10 M ( 0.
    
      (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.
                                            100 a 124 •  —
                                            12S00 1<9*_ .	
                                            iSOOor (
                                                                               i e>
                                                                               to>
                                                                               ,' M
                                                                                      (2) Process factor.
                                            l«n fw 2 40_
    
                                            3 S 10 4 49	
                                                                                    SSHSN.
                                                                                    I0k>«4*_
                                                                                    7SWI9I	
                                                                                    total*	
    
                                                                                    »0»»4»1Z
                                                                               «»   io.3atoo9-
                                            iu«u«.
                                            140«rgrwMr
                                       Otl
                                       007
    
                                       OM
                                       107
                                       1 17
                                       127
                                       139
                                       Ml
                                       1*4
                                       I 79
                                       1*S
                                       212
                                       231
                                       ZM
                                       324
                                       3S3
                                       3*4
                                       • 10
                                       'M
                                              (3) See the comprehensive example In
                                            Subpart D. S 419.42(b)(3).
                                              (c) The following allocations
                                            constitute the quantity and quality of
                                            pollutants or pollutant properties
                                            controlled by this paragraph and
                                            attributable to ballast which may be
                                            discharged after the application of best
                                            conventional pollutant control
                                            technology by a point source subject to
                                            this subpart. in addition to the discharge
                                            allowed by paragraph (b) of this section.
                                            The allocation allowed for ballast water
                                            flow, as kg/cu m (lb/1000 gal), shall be
                                            based on those ballast waters treated at
                                            the refinery.
                                                                                                        UOTK MM (Woor««ni C—
    o« »m aum.
    ON	
                                                                                                            0033
                                                                                                            001S
                                                                                                                      002*
                                                                                                                      0021
                                                                                                                      owe
                                                                                                                     ri
                                                                                                           t 000 9* « "0
    -------
                      Federal Register / Vol. 49. No. 108 / Tuesday. August 20. 1984 / Proposed Rules
                                                                            34159
    polhilnnl properties controlled by this
    paragraph and attributable to
    contaminated runoff which may be
    discharged after the application of the
    best conventional pollutant control
    technology by a point source subject to
    this subpart.
      (1) If waslewater consists solely of
    contaminated runoff and is not
    commingled or treated with process
    wastewater. it may be discharged if it
    does not exceed IS mg/l oil and grease
    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 IS mg/l oil and grease 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:
    TSS	
    oim<
                             14
                             PI
    21.
     &
    PI
    IWVA
    TS«
    
    
    
    040
    OL20
    019
    11
    o_a
    0.10
    0407
    Pi
      • WWW t* nrg* 8.0 a OA
    
    
      9. Section 419.24 a revised to read aa
    follows:
    1419.24  Effluent BmKaMona 1
    repreeenttng tfw degree of •ffluent
    reduction attainable by tfie appOeaeon of
    me beat conventional pollutant control
    technology (8CTV
      (a) 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 conventional pollutant
    control technology (BCT):
                          SCTi
                          t.000m'<*
    01M(
                                     2U
                                     10 9
                                     14
                                     PI
                                       ISO
                                        PI
    •m
    TIM
    
    ™ * -
    
    • t
    10
    10
    PI
    is
    44
    1jt
    PI
      1 WWM 0» one* Of U » 00.
    
      (b) The limits let 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.
                                            WO «• 740.
                                            790*000.
                                            toed*
                                            129.0 « 1400.
                                            iSOLOoramM
                                       091
                                       000
                                       1O4
                                       II]
                                       121
                                       1.39
                                       141
                                       CM     (2J Process factor.
    00«040_
    0Jar am*
    0.90
    OOS
    074
    000
    100
    100
    110
    1.20
    141
    153
    107
    102
    140
      (3) See the comprehensive example in
    Subpart D. | 419.42(b)(3).
      (c) The provisions of j 419.14(c) apply
    to discharges of process wastewater
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart
      (d) 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.
      (e) 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 conventional
         pollutant control technology by a point
         source subject to this subpart
           (1) If wastewater consists solely of
         contaminated runoff and ia not
         commingled or treated with process
         wastewater.  it may be discharged if it
         does not exceed 15 mg/l oil and grease
         based upon an analysis of any single
         grab or composite sample.
           (2) If contaminated runoff Is
         commingled of treated with process
         wastewater.  or if wastewater consisting
         solely of contaminated runoff which
         exceeds IS mg/l oil and grease 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:
                                                                                                         1.000 «
                                            Oi«r«»<
                                            PM	
                                                                                                             19.
                                                                                                             PI
                                                                              28.
                                                                              21.
                                                                                                                     p>
    anrvji
    T««
    
    
    
    040
    O2S
    013
    PI
    033
    010
    0087
    PI
                                                    < W«Mt 0« rang* 84 » UL
    
                                                     10. Section 419.34 Is revised to read as
                                                   follows:
    
                                                   I419J4  Effluent Umnattorta guidellnM
                                                   reprvMnting tn« degree ol offluent
                                                   reduction attainable by tn« appHcatton of
                                                   me best conventional poHutant control
                                                   technology (BCT).
                                                     (a) 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 conventional pollutant
                                                   control technology (BCT]:
                                                        222
    

    -------
    34160
                     Federal Register / Vol. 49. No. 188 / Tuesday. August 28. 3904 / Proposed Rules
    CM andi
                              11.1
                              PI
                                      IS/4
                                      P»
    Oland
    PM
                              U.1
                              U
                              It
                              PI
                                      tt
                                      us
                                      C.1
                                     PI
           tn ir»» cl S.Q « n
    
      (b) The limits set forth in paragraph
    (a) of this section are To be multiplied by
    the following factors lo calculate the
    maximum for any one day and
    maximum average of daily values for
    thirty consecutive day*.
      (1) Sin factor.
       1.000
    90JOB74
    7»o«a«
     1000 » 1349-
     ISOOori
                                      door
                                      on
                                      OTS
    
                                      ago
                                      090
                                      too
                                      us
      (2) Process factor.
     » S • S 90_
     ao««,49_
     TOMT40.
     M»J»»9_
    94 W,
                                      OTS
                                      000
                                      091
                                      090
                                      100
                                      I IT
                                      170
                                      1J9
                                       i.n
       (3) See the comprehensive example m
     Subpart 0. i 419.42(b](3).
       (c) The provisions of I 419.14(c)
     to discharges of process wastewater
     pollutants attributable to ballast water
     by a point source subject U» the
     provisions of this subparL
       (dJ.Tbe 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.
       (c) Effluent Limitations for
     Contaminated Runoff.
       The following effluent limitations
    constitute the quantity an.J quality of
    pollutants or pollutant properties
    controlled by this, paragraph and
    attnbntaUe to contaminated runoff
    which may be discharged after the
    application of (he best conventional
    pollutant control technology by a point
    source subject to this subpart
      (1) If wastewater consists sojery of
    contaminated ninofTaiui is not
    commingled or treated with process
    wastewater. it may be discharged if it
    does not exceed 15 mg/l oil and grease
    based upon an analysis of any single
    gnb or composite sample.
      (2) If contaminated runoff is
    commingled or treated with process
    wastewater. or if wastewater consisting
    solely of contaminated runoff which
    exceeds 15 mg/l oil and grease is not
    commingled q* 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?
                                                                     19.
                                                                     PI
                                                                              29L
                                                                              n.
                                                                             PI
                                                                   1.000,
                                            OiUHH
                                                                      on
                                                                     I'l
                                      0087
                                      PI
                                                        • OM90L
    
                                              11. Section 419.44 is revised to read as
                                            follow*:
    
                                            1 419^*4 ErBtMni imttabona gufataOna
                                                       in* d«gro« of •muant
                                            rojduetlan «ltain«M« by trw appQcatlon el
                                            ttM best convojnflonal peflutant control
                                            tccftnology (BCT).
                                              (a) Any existing point source fubfect
                                            to (his subpart must achieve ihe
                                            following effluent limitations
                                            representing the degree of effluent
                                            reduction attainable by the application
                                            of the best conrentional pollutant
                                            control technology (BCT):
                                                                                                          art
                                                                                                          1.000 m> at
                                                                                    TSS.
                                                                                    Oi and,
                                                                                                             •9B.S
                                                                                                              AS
                                                                                                                      Z5J
                                                                                                                      33.1
                                                                                                                       IS
                                                                                                          1.000 UCt a* I
    •m,
    •m •
    
    p*i
    
    ITS
    u>a
    17
    0
    01
    10
    3.0
    n
                                                                                               • of eoiaa.0.
                                                                                      (b) The limit* vet forth m paragraph
                                                                                    (a) of this aection are to be muhrpled by
                                                                                    the following factors to calculate the
                                                                                    maximum for any one day and
                                                                                    maximum average of daily values Cor
                                                                                    thirty consecutive days.
                                                                                      (1) Size factor.
                                                                                       1000
                                                                                     rso»Mj
                                                                                     20PJO«I
                                                                               on
    
                                                                               011
                                                                               ou
                                                                               09T
                                                                               109
                                                                               I 14
                                                                               1 19
                                                                               P*     (2) Process factor.
                                             L«Ml
                                             I0««4*_
                                             ISM «.*9_
                                            •90«04«.
                                             9SM*9»_
                                                                                    10S«> 1099.
    
                                                                                    11510 ll^ol
                                             119 MUM.
                                             laoararwav
                                                                                                                       091
                                                                                                                       OH
                                                                                                                       100
                                                                                                                       in
                                                                                                                       I 19
    
                                                                                                                       141
    1M
    I SB
    JH
    194
    2<4
                                               (c) The provisions of S 419.14(c) apply
                                             to discharges of process w«»tewater
                                             pollutants attributable to ballast w«ier
                                             by a point source subject to the
                                             provisions of this subpart.
                                               (d) The quantity and quality of
                                             pollutants or pollutant properties
                                             controlled by this paragraph.
                                             attributable to ooce-through cooling
                                             water, are excluded from the discharge
                                             allowed by paragraph (b) of this section.
                                               (e) Effluent Limitations for
                                             Contaminated Runoff.
                                                              223
    

    -------
                      Federal Register / Vol. 49. No. 168 / Tuesday. August 28. 1«)84 / Proposed Rules
                                                                                  34161
      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 conventional
    pollutant control technology 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 15 mg/l oil and grease
    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 15 mg/l oil and grease is not
    commingled or treated with any other
    type of wastewaler. the quantity of
    pollutants discharged shall not exceed
    the quantity determined by multiplying
    the flow of contaminated runoff as
    determined by the permit writer time*
    the concentrations listed in the
    following table
                          acr
                                   lor 30
                         1000
    TSS-
    Oi**(
                             IS.
                             It
    21
     S.
    (1
                         EngM> ma
                          1000
    •"*»n
    T«M
    
    p"
    
    040
    0.2*
    0.13
    0
    022
    Oi«
    aow
    (1
      12. Section 419.54 is revised to read as
    follows:
    i 4 19.54  Efnuent HnHtaflono gutdoHnea
    rcpmentlng tn« dear** of effluent
    reduction attainable by tn« application of
    the beet conventional1 poflutant control
      (a) Any existing point fource subject
    to this subpart must achieve the
    following effluent limitations
    representing the degree of effluent
    reduction attainable by the  application
    QI the best conventional pollutant
    central technology (BCT):
                                           19 30
                                          n^PCViH
                                         dirt If**
           800.
                                 1.000 bH ol i
    mis
    T«
    
    (••
    
    1*1
    132
    to
    n
    10.J
    • 4
    u
    It
                      I at U « ML
             (b) The limits set forth En 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.
                                            isao*i74t
                                            179.0V IM*
                                            JOOO«oZ24»
                                             073
                                             on
                                             003
                                             081
                                             ow
                                             104
                                              (2) Process factor.
                                            a o B «.49_
                                            100 « 1049.
           non 1149.
           11101199.
           l3.Sai2.99.
           13 Oar arm
    075
    on
    092
    100
    1 10
    1.20
    '.»
    
    1 M
    16S
    1S3
    199
    217
    Lit
             (3) See the comprehensive example in
           Subpart D. S 419.42Jb)(3).
             (c) The provisions of S 419.l4(c) apply
           to discharges of process wastewaler
           pollutants attributable to ballast water
           by a point source subject to the
           provisions of this subpart.
             (d) 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.
             (e) 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 (he
    best conventional pollutant control
    technology by a point source subicri to
    this subpart.
      (1) If waslewater consists solely of
    contaminated runoff and is not
    commingled or treated with process
    wastewater. it may be discharged if it
    does not exceed 15 mg/l oil and grease
    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 15 mg/l oil and grease is not
    commingled or treated with any other
    type of waslewater. the quantity of
    pollutants discharged shall not exceed
    the quantity determined by multipl>ing
    the flow of contaminated runoff as
    determined by the  permit writer lime*
    the concentrations listed in the
    following table:
                                                                        8CT
                                                                               N tmu
                                                                                                        UMTK ma (Marina v
                                                                                                        1.000 CJOK rnrara el Ur
                                                                                    TSS.
                                                                                                            33
                                                                                                            1*
                                                                                                            I1)
                                                                                   21
                                                                                    S.
                                                                                   ri
                                                                                                          1.000 emnl at T«1
                             OM
                             01]
                                      022
                                      eta
                                                                                     i «KOM «••>v*t «o to - -
    
                                                                                      13. 40 CFR Part m9 is amenccd bv
                                                                                   adding the following appendix:
    Appendix A—Processes Included in the
    Determination of BAT Effluent
    Limitations for Total Chromium.
    Hexavaient Chromium, and Phenolic
    Compounds (4AAP)
    Crude Processes;
      1. Atmospheric Crude Distillation
      2. Crude Desalting
      3. Vacuum Crude Distillation
    Cracking and Coking Processes:
      4. Vubreaking
      S. Thermal Cracking
      6. Fluid Catalytic Cracking
      7. Moving Bed Catalytic Cracking
      10. Hydrocracking
      15. Delayed Coking
      16. Fluid Coking
      54. Hydrotreaimg
                                                          224
    

    -------
    34162
    Federal Resistor / Vol. 49. No. 168 / Tuesday. Augtut 28. 19M / Proposed Rule*
    Asp/mil t'nfcvfxnr
      18. Asphalt Production
      32. 3V F Softening Point Unfluxed
        Asphalt
      43. Asphalt Oxidizing
      89. Asphalt Emulsifying
    Lube Pr&fsses:
      21. Hydrofioing. Mydrafiaishiog, Lab*
        Hydrofining
      22. While Oil Manufacture
      23. Propane Dewaxing, Propane
        Deasphalting. Propane Fractioning.
        Propane Oemining
                           24. Uuo Sol. Solvent.TrmUng. Solvent
                             Extrnction. Ountrealing. Solvent
                             Oewaxing. Solvent Deaaphalting
                           25. Lube Vac TwK Oil Fractionation.
                             Batch Still (Naphtha Strip). Bnghl
                             Slock Treating
                           28. Centrifuge & Chilling
                           27. MEX Dewaxing. Kelone Dewaxing.
                             MEK-ToJuene Oewaxing
                           28. Deoiling (wa.xj
                           29. Naphthenic Lubes Production
                           30. SO* Extraction
                           34. Wax Praising
      35. Wax Plant (with Neutnl
        Separation)
      38. Furfural Extraction
      37 Clay Contracting—Percolation
      38. Wax Sweating
      39. Acid Treating
      40. Phenol Extraction
    Reforming and Alkylatmn fracasex
      8. HiSO« Alkyiation
      12. Catalytic Reforming
    im OK. M>CUS FIM »-V-M. M* «•)
                                                         225
    

    -------
    foLSO
    No. 134
                                                Friday
                                                July 12, 1985
                                           226
    

    -------
    28318
    Federal Register  /  Vol. SO.  No. 134 /  Friday,  July 1Z 1385  / Rules and Regulations
    ENVIRONMENTAL PROTECTION
    AGENCY
    
    <0 CFR Part 
    -------
                 Fsdml KggjgtBf / Vol. M. No. 134 / Friday. July 12. 1965 / Rules  and Regulations       28517
    affluent limitation* gakfolism have beea
    reviMd since the prapoeai bat do not
    •Act the Agency's original oaachatoa
    thai BCT samdd be set equal to BPT for
    this industry.
      EPA Dobiished a proposed BCT
    methodology (47 FR 49175) which cat
    forth a procedure foreva bating the coat
    reasonableness of BCT'efflusnt
    timi»«tf*««»« guidelines. Ha propoaed
    BCT sritac'ons far the petroleum
    refining industry were baaed upon that
    published Methodology, which rndades
    the "POTW leaf and the "industry coat
    teat" The Agency selected and
    evaluated two levels of technology for
    toe control ot Gon^nanoouai oouut^^s^s
    from petroieum refineries (i a. recycle/
    resse and recyde/rm*ee pma granular
    media filtration following BPT).
    Incremental (beyond BPT) conveaoonai
    pollutant removals and coats *T^rjjt»"<
    with the candidate BCT tecaaologiea
    wen calculated far aaodei plants
    representative of each of the STB
    petroleum refining sabcategoraea. The
    resulting "oast per pound removed"
    ratios failed the BCT coat test. The
    Agency therefore proposed that BCT be
    set equal to BPT far ail five petroleum
    refining tufacategoriea.
      Subaeouendy. EPA published a notice
    of data availability concerning the BCT
    methodology on September 20.1984 (48
    FR 370*6). The Agency has reviled its
    BCT coat evaluation Hat  petroleum
    rrfining to incorporate the updated
    information referenced in the notice of
    data availability. The revised coat ratios
    for the recycle/reuse technology options
    with 20 to 40 percent reductions in
    discharge flow  cange from S50.48 to A entered
    a Settament Agreement, which provides
    for specified revisions to the BAT
    affluent mutations guidelines. Those
    revisions sn set forth in today's
    amended regulation.
      In October 1982 EPA promulgated
    BAT effluent Umiattiou for the
    following poflutanta: (1)
    Nonconventiooal poUutanhc chemical
    oxygen demand (COO), phenolic
    compounds (4AAP). ammonia (as N) and
    sulfide and (Z)-toxic poflutants: total
    cflromium and oexavaient cnromium-
    The model technology for these
    regulations wes Dow equalization, mitiaJ
    oil and aoods removal advanced oil and
    solids removal, biological treatment and
    ffltntion or odwr final  "polishing steps."
      The Agency is now amending the BAT
    effluent limitations guidelines for total
    chromium, hexavalent chromium and
    phenotic compounds (4AAP). EPA la
    adding flow reduction to me model
    treatment technology for the BAT
    effluent limitations guidelines and is
    basing the effluent Imitations for each
    of these three pollutants on a more
    recent data base, rather than the one it
    relied upon m the October 18.1982 BAT
    promulgation. That rulemaking utilized
    die same  data based used by the
    Agency when it established best
    practicable control technology currently
    available (BIT) effluent limitations
    guidelines for the petroleum refining
    point source category. The BPT level of
    control for this  industry was
    promulgated on May 9,1974 (39 FR
    16560) and subsequently amended on
    May 20.1975 (40 FR 21939). The BAT
    effluent limitations guidelines for other
    pollutants remain unchanged.
      The BAT effluent limitations
    guidelines for total chromium being
    promulgated today are haa*
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                 Fgdaral Register / Vol 50. No.  134 / Friday. July 12. 1985 / Rulea and Regulations
    approximately 1&300 pounds per year, a
    M percent annual reduction beyond
    discharge level* allowable under
    existing BAT: the total allowable
    discharge of phenolic compounds
    (4AAP). is reduced by approximately
    73,000 pounds per year, a 43 percent
    annual reduction beyond discharge
    level* allowable under existing BAT.
    These reductions are based on data In
    the Agency1* refined BAT flow model.
    The refined flow model is included in
    the record for this rulemaking in a report
    entitled "Petroleum Refining Industry,
    Refinements to 1979 Proposed Flow
    Model"
      SPA believes that approximately one
    half of the refineries which directly
    discharge pollutants to navigable waters
    already are complying with the effluent
    limitations being promulgated today.
    Further, EPA believes that the effluent
    limitations are economically achievable
    for the industry.
      In the preamble to the October 18,
    1982 promulgated regulations for this
    industry, EPA estimated that capital
    costs of $112 million and $37 million
    (1979 dollars) in anonalized costs would
    be required in order for petroleum
    refiners to comply with option 7, one of
    the BAT control treatment options
    considered by the Agency (47 FR 46438).
    Likewise. EPA estimated that capital
    coats of $77 million and annnalized
    costs of $23 million (1979 dollars) would
    be required in order for petroleum
    refiners to comply with option 8. another
    of the BAT control treatment options
    considered by the Agency (47 FR 46438).
      The revised limitations being
    promulgated today for phenolic
    compounds, hexavalent chromium and
    total chromium are not based on either
    option 7 or option 8 alone. The effluent
    limitations for phenolic compounds are
    based upon option 8. The effluent
    limitations for hexavalent chromium are
    based upon option 8. The effluent
    limitations for hexavalent chromium are
    based upon option  7. The effluent
    limitations for total chromium, while
    somewhat more stringent than the BAT
    effluent limitations for total ''huminim,
    are less stringent than those based upon
    option 8.
       The Agency has reeveiuated the coats
    of compliance for today's changes to the
    BAT effluent limitations and estimates
     that the total industry costs of
    compliance would not exceed those
     previously calculated for option 8. EPA
     estimates.that no more than 81
     petroleum refineries will have to incur
     aggregate capital costs no greater than
    $77 million and aAnuslized costs no
     greater than $23 million (1979 dollars).
     These costs translate to an average
     increase of no greater than one half cent
    per gallon of refinery product. No
    refinery closures are anticipated by that
    Agency. Refinery capacity and
    consumption would remain anafFected,
    Given these {actors, the Agency believes
    that its earlier heavy reliance on costs
    aa the basis for rejecting more stringent
    effluent controls in this industry  was
    inappropriate, and that the effluent
    limitations guidelines for total
    chromium, hexavalent chromium and
    phenolic compounds (4AAP) being
    promulgated today, rather than thai
    effluent limitations guidelines
    promulgated in 1982. are appropriate for
    this Industry as the BAT level of controL
    The revised Bat numerical limitations
    and contained in the fi*"*i regulation.
    3. Beat Conventional Pollutant Control
    Technology Effluaat Lautatiotu
    Guidelines
      As part of the Settlement Agreement
    EPA agreed to propose best
    conventional pollutant control
    technology ("BCT"] effluent limitation*
    guidelines for the petroleum refining
    Industry. The 1977 Amendments to the
    dear Water Act ("CWA") added
    section 301(b)(2)(E) of the Act
    establishing BCT for discharge of
    conventional pollutants from existing
    industrial point sources. Conventional
    pollutants are those defined la section
    3O4(a)(4) (biochemical oxygen
    demanding pollutants  (SOU), total
    suspended solids (TSS), fecal coliform-
    and pH], and any additional pollutants)
    defined by the Administrator as
    "conventional". The Administrator
    designated oil and grease aa a
    conventional pollutant on July 30,1979,
    44 FR 44501.
      BCT is not an additional limitation but
    replaces BAT for the control of
    conventional pollutants. In addition to
    other specified in Section 3O4(b)(4)(B)
    the Act requires  the BCT limitations be
    assessed in light of a two-part "coat
    reasonableness" test American Paper
    Institute v. EPA. 860 P2d 954 (4th Or.
    1981). The first test compares the cost
    for private industry to reduce its
    conventional pollutants with the costs to
    publicly owned treatment works for
    similar levels of reduction in their
    discharge of these pollutants. The
    second test examines the cost-
    effectiveness of additional Industrial
    treatment beyond beat practicable
    control technology currently available
    (BPT). EPA must fl»H that limitations are
    "reasonable1* under both tests before
    establishing them as BCT. In no case)
    may BCT be less stringent than BPT.
       EPA published a propoeed BCT
    methodology on October 29.1982. (47 FR
    49178). This proposed BCT methodology
    explains the details of the two part cost-
    reasonableness test l.e, the "POTW
    tesf* and the "Industry cost test" In
    addition, the Agency published a "notice
    of data availability" concerning the
    proposed BCT methodology on-
    September 20. 1984 (49 FR 37046).
      Today's promulgated BCT effluent
    limitations guidelines for the petroleum
    refining industry are based on the
    proposed BCT methodology. Today's
    final regulations establish BCT equal  to
    BPT for the petroleum refining industry.
      EPA considered two levels of
    technology  for increnmental control
    beyond BPT of total suspended solids
    (TSS) and oil and grease. These
    technology  levels are recyde/reoae and
    recycle/reuse followed by granular
    media filtration. These technologies are
    already In use at certain sites in the
    petroleum refining industry. These
    technologies were selected as candidate'
    BCT technonogies because the Agency
    believes they represent the first levels of
    control beyond BPT which could effect
    reduction in conventional pollutant
    loadings in this industry. Filtration alone
    was not selected as a candidate BCT
    technology because it is one of the
    existing BPT treatment technologies.
    However, the Agency decided to
    consider the combination of recyciy/
    reuse plus filtration aa a candidate BCT
    technology. This is because the
    decreased hydraulic loading resulting
    from recycle/reuse results in the need
    for smaller and leas costly filtration
    equipment  than that included in the BPT
    treatment model. The BCT coat test was
    then performed on  the combination of
    recycle/reuse and filtration as a  double-
    check on the effects of the leas costly
    filtration step.
      m order to determine whether these
    candidate technologies are "cost-
    reasonable'*. EPA developed one model
    plant representative of a typical  plant in
    each of the five BPT subcategones. The
    five BPT subcategories are:
    A— Topping
    B— Cracking
    C— Petrochemical
    B— integrated
    Then EPA calculated the incremental
    (beyond BPT) conventional pollutant
    removals and the incremental costs
    associated with these technologies for
    each model plant. Baaed on this
    Information, eost-per-pound ratios were
    calcuaited far each of the five BPT
    subcategoraes.
       EPA evaluated reductions in  total
    suspended solids (TSS). biochemical
    oxygen demand  (BOd). and oil and
    grease for seen of these technology
    levels; However.- oil and grease was not
    considered for the BCT calculations for
                                                             229
    

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                 Federal Regbtar / VHaL 50, No. 134 / Friday. July 12. 1985 / Rules  and Regulations
                                                                         28519
    recycle/rase for tfaia industry.
    Additionally. BODi was not considered
    for the BCT calculations for filtration for
    this industry. This is In accordance with
    the proposed BCT methodology In order
    to avoid "double counting" of the
    amount of pollutants removed by a
    candidate BCT technology.
      The recycle/reuse technology option
    Identified for BCT was evaluated In the
    range of from 20 to 40 percent reduction
    in discharge flow. The cost per pound
    ranges from $41.00 to $0.77 (1977 dollars)
    ($50.48 to $1.38 (1977 dollars) based
    upon the September 20.1984 notice of
    data availability] in the first part of the
    proposed BCT cost reasonableness test
    (the "POTW teat"). Accordingly, the
    Agency found that the addition of
    recycle/reuse technology fads the first
    part of the proposed BCT cost
    reasonableness test in all five
    subcategones (S0.30 per pound in 1977
    dollars) [approximately $0.78 per pound
    in 1977 dollars based upon the
    September 20.1984 notice of data
    availability.)
      The Agency also found that the
    addition of recycle/reuse plus filtration
    fails the first part of the proposed BCT
    cost reasonableness test in all five
    subcategones. The recycle/reuse portion
    of this option was evaluated in the range
    offfrom 20 to 40 percent reduction in
    discharge flow. The cost per pound (1977
    dollars) ranges from $21.00 to $0.58.
    compared to the benchmark of SO JO per
    pound (1977 dollars) ($27.03 to $1.11.
    compared to the benchmark of
    approximately 50.78 per pound (1977
    dollars) based upon the September 20. •
    1984 notice of data  availability].
      Therefore, the Agency is promulgating
    BCT equal to BPT for the five
    subcategones in this industry.
      A mare complete discussion of the
    selection of the candidate BCT
    technologies, the details of the first part
    of the proposed BCT cost
    reasonableness test ("POTW test"], and
    the basis for decision are contained in
    the administrative record of this
    rulemaking.
    
    C Effluent Limitations Guidelines for
    Contaminated Storm Water Runoff
      In the October 18.1982 rulemaking the
    Agency withdrew storm water effluent
    limitations guidelines for BPT. BAT and
    N'SPS. because they were remanded by
    the U.S. Court of Appeals in American
    Petroleum Institute v. EPA. 540 F.2d 1023
    (10th Cir. 1976).
      Since that remand there has been
    some confusion on the  part of permit
    writers and others as to whether storm
    water runoff ("runoff") effluent
    limitations should be contained in
    permits. There are two kinds of such
    runoff. La, contaminated and
    uncontaminated.
      The purpose of this rulemaking is to
    establish BPT. BCT and BAT effluent
    limitations guidelines for contaminated
    storm water runoff. Today's
    promulgated contaminated runoff
    effluent limitations are to be included in
    petroleum refinery permits in addition to
    process wastewater effluent limitations.
    NSPS for contaminated runoff is being _
    reserved for future rulemaking.
      In today's final regulations EPA is
    defining contaminated  runoff, for
    purposes  of these regulations only, to be
    runoff which comes- into contact with
    any raw matenai  intermediate product.
    finished product by-product or waste
    product located on petroleum refinery
    property.  Any other storm water runoff
    at a refinery is considered
    uncontaminated. Today's final
    regulations also amend the definition of
    the term "runoff" currently found in 40
    CFR 419.11(b) to clarify that it means the
    flow of storm water resulting from
    precipitation coming into contact with
    petroleum refinery property.
    Contaminated runoff constitutes an
    additional source of pollution which
    must be managed during penods of
    precipitation along with process
    wastewater from refinery operations.
    Today's final regulations do not
    establish  numerical effluent limitations
    for uncontaminated runoff. Effluent
    limitations,  including but not limited to
    allocations for uncontaminated runoff
    may be established by  the permit writer
    based on  his/her best professional
    judgment.
      The Agency believes that the best
    practicable  control technology currently
    available, the best conventional
    pollutant  control technology and the
    best available technology economically
    achievable for treatment of
    contaminated runoff are the same as the
    technologies identified for treatment of
    process wastewater. The Agency has
    not identified any  feasible technologies
    capable of achieving pollutant
    reductions for contaminated runoff from
    refineries to any greater degree than
    those which are achievable by the
    process wastewater treatment facility.
      The Agency believes that the
    conventional pollutant  oil and grease
    and the nonconventional pollutant
    parameter total organic carbon (TOC)
    are appropriate measures to determine
    whether pollutant  loadings in
    contaminated runoff would be
    measurably reduced by the model
    treatment technologies used to develop
    these final regulations. Under today's
    final regulations for BPT. wastewater
    consisting solely of contaminated runoff
    may be discharged directly without
    treatment if it does not exceed 15 mg/1
    oil and grease and 110 mg/1 TOC be'
    upon an analysis of any single grab
    composite sample. Under today's fin.
    regulations for BCT. wastewater
    consisting solely of contaminated runoff
    may be discharged directly without
    treatment, if it does not exceed 15 mg/1
    oil and grease and under the final
    regulations for BAT. wastewater
    consisting solely of contaminated runoff
    may be discharged directly without
    treatment if it does not exceed 110 mg/1
    TOC. If contaminated runoff (whether or
    not it exceeds 15 mg/1 oil and grease or
    110 mg/1 TOC) is commingled or treated
    with process wastewater. or if
    wastewater consisting solely of
    contaminated runoff which exceeds 15
    mg/1 oil and grease or 110 mg/1 TOC is
    not commingled or treated with any
    other type of wastewater. then such
    runoff would be subject to the
    alternative BPT/BCT/BAT effluent
    limitations guidelines for contaminated
    runoff being promulgated today, as
    appropriate. These oil and grease and
    TOC numerical effluent limitations are
    based on the concentrations expected
    from the properly designed and operated
    model treatment facilities.
      The effluent limitations guidelines in
    today's BPT regulation for contammatPd
    runoff are based on the same
    concentrations and variability factt
    used to develop the Agency's existin.,
    BPT process wastewater effluent
    limitations guidelines.
      Today's BAT regulation for
    contaminated runoff is based upon the
    same concentrations and variability
    factors used to develop the Agency's
    existing BAT process wastewater
    effluent limitations guidelines, except
    those for total chromium, which are
    based upon the same concentrations
    and variability factors used for today'9
    promulgated BAT effluent limitations
    guidelines for process wastewater.
      Today's promulgated BAT effluent
    guidelines for phenolic compounds
    (4AAP) for contaminated runoff are
    based on the same concentrations used
    for the  existing BAT effluent limitation?
    guidelines for process wastewater and
    die  same variability factors used for the
    Agency's existing BAT effluent
    limitations guidelines. EPA has
    determined that this approach  is
    appropriate because of the specifics of
    each data base available to the Agency.
    If EPA  used the variability factors from
    today's promulgated BAT effluent
    limitations guidelines, less stringent
    BAT contaminated runoff numerics'
    effluent limitations for phenolic
    compounds (4AAP) would be dem
    than under today's promulgated BF1
                                                       230
    

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    28520       Federal Register / VoL 50. No.  134 / Friday, [uly 12.  1985 / Rnlea  and Reguiadona
    contaminated runoff numerical effluent
    limitations for phenolic compounds
    '4AAPJ. The more stringent effluent
     Imitations dearly are achievable and as
    a matter of law BAT cannot be leaa
    stringent than BPT.
      Today's BCT regulation for
    contaminated runoff a baaed on the
    same concentrations and variability
    factors used for today's promulgated
    BCT process waatewater effluent
    limitations guidelines.
      The Agency believes that the costs
    attributable to today's regulations will
    be minimal, while providing for
    reductions in refinery pollutant
    discharges. This is because die Agency
    believes the industry as a whole already
    is (a) treating  contaminated runoff with
    process waste water or (b) is discharging
    contaminated runoff below today's
    promulgated threshold for treatment
    Today's final  regulations do not cover
    contaminated runoff which is
    commingled with nonprocess
    wastewater streams. EPA believes that
    such instances we infrequent, ^nd
    accordingly, they are left to the permit
    writer's discretion.
      Unlike the rfflurnf limitations
    guidelines for process wastewater for
    this industry which an mass-based.
    today's promulgated effluent limitation*
    guidelines for contaminated runoff are
     oncentration-based. This is because
     toon water volumes are not related to
    any measurement of refinery production.
    However, under today's regulations
    permit effluent limitations for
    contaminated runoff are to be
    established on a mass basis. The mass-
    based effluent limitations for each
    regulated pollutant  for contaminated
    runoff in a petroleum <-»fining permit are
    the product of (1) the respecave effluent
    guideline concentration for that
    pollutant and (2) the measured or
    calculated contaminated runoff volume.
      Under today's regulations permit
    writers an given flexibility in
    determining refinery storm water
    volumes on a case-by-case basu. The
    following factors are among those
    appropriate for permit writers to
    consider in 4*!tarm'tntnfl what
    contaminated runoff volume to "t* in
    calculating mass-based effluent
    limitations for refinery permits: (a)
    Measured difference between dry
    weather and  wet weather discharge
    flow from the treatment facility where
    contaminated runoff is the only runoff
    present in-the treatment facility: and (b)
    volume of contaminated  runoff water
    calculated from the product of (1)
    measurement of land area where
     precipitation  would become
     .ontanunated. and  (2) an historical
    measure of preripitarinn lor the
    particular refinery location.
      Once the mass baaed effluent
    lityijtarirm jg derived, it may be
    incorporated into a refinery permit m
    one of three ways. The proper choice
    depends on site-tpeo&s factors, such M
    local rain/all patterns and the design of
    ronoff hiMi
      The first method is a coamwoas
    allocation. This prmmts the ptublem of
    providing an allocation when ao runoff
    is present and is appropriate only where
    precipitation patterns are relatively
    constant through the year or when
    holding facilities are used to bleed
    nmoff into the treatment facility over
    most or all of the year. The second
    method a a variable allocation based on
    measurement or calculation of actual
    contaminated runoff volume, While this
    is the most ideal method, it may present
    compliance measurement and
    enforcement complexities. The third
    me mod is dual wet weather/dry
    weather limitations triggered by either
    time of year, precipitation events, or
    actual contaminated nmoff volume. The
    method of determining contaminated
    runoff vorume ased to calculate the
    effluent limitations will vary depending
    on the  method used and the design of
    any runoff holding facilities. Therefore.
    it is left to the permit writer to select  aa
    appropriate method under today's
    nilemaking.
      These regulations do not address
    unconnnunated runoff which ta
    discnsrged through the process
    wastewater treatment facility. This is
    because the Agency believes that
    inffodutling II1M •mtatmnat^n [UllOff to
    the procesa wastewater treatment
    system may result in the discharge of an
    increased man of pollutants to the
    environment compared to me mass of
    pollutants discharged if no
    uncontammated nmoff were present in
    the process waatewater treatment
    •system. Therefore, the Agency does not
    want to encourage this practice on a
    national basis. _
      In the case of BPT, the effluent
    limitations guidelines promulgated
    today are for the following pollutants (1)
    conventional pollutants: total suspended
    solids (TSS). oil and grease, five-day
    biochemical oxygen demand (BOH) **A
    pH; (2) aonconventiooal pollutants:
    phenolic compounds (4AAPJ. <*hgmt/-ni
    oxygen demand [COD] and total organic
    carbon (TOC]; and (3) toxic pollutants:
    total chromium and hexavalent
    rhunminm fa tha C3J45 of BAT. thfl
    effluent limitations g""^»i'"»« beuig
    promulgated today are for (1)
    «nnrfmv»nrwinal pollutants: Phenolic
    compounds (4AAPJ. rhpmical oxygen
    demand (COO] and total organic carboa
    (TOC): and (2) toxic polmtaoim: total
    fjnw.i».m and hexavalent chromium. In
    ae case of BCT. the efBaent limitations
    guidelines beuig promulgated today are
    for the conventional pollutants TSS. od
    and grease. BOO* and pH. In the case of
    COD. there may be instances where
    extremely high chloride levels (greater
    than 1.000 mg/1) will interfere with the
    COO analytical method. In this event.
    the Agency believes that TOC is an
    acceptable substitute parameter for
    COO. A TOC limitation shall be based
    upon effluent data from die particular
    refinery which correlated TOC to BOO*.
    Where adequate correlation data are not
    available, the glutting authority may
    establish a TOC limitation on a ratio of
    2.2 to 1 to the applicable BPT/BCT
    effluent limitations for BOD*. This raao
    is based upon efQnent data analyzed by
    the Agency.
      No effluent Imutaooos guidelines for
    contaminated runoff are being
    promulgated for the nonconventional
    pollutants ammonia (as N) and sulfide
    regulated under existing BPT and BAT
    levels of control.
    
    V. Environmental Impact of the
    A m«»ji»JTTia»»t«
    
      EPA's estimates of the redaction in
    industry-wide direct discharges of
    phenolic compoands. hexavaieot
    chromium, and total chromium for
    process wastewater from those allowed
    under the 1982 final petroleum industry
    regulation ta those allowed by today's
    amendnents ore presented below.
    
       REDUCTIOHS m ALLOWABLE OWCMAPSE
                                    19X0
    VL
    to Major
      The Agency encourages public
    participation in the rulemaking process
    and foliated comments an the proposed
    amendments. Public comments were
    received and considered in issuing this
    firtal rnia \ attnmary Q/ all fhj
    comments received and the Agency's
    responses to those comments are
    inrlurifd la a report titled: "Responses
    to Public Comments on the Proposed
    Amendments to the Effluent Limitations
    Guidelines for the Petroleum
    Point Source Category", which is
    included in *h* rvMk? record for
    regulation.
      Most of the commenters expressed
    'all support for the pramulgaaon of the
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                  Fsjdeaal Regtster / Vol.  50. No.  134 / Friday. July 12.  1985 / Rules  and Regulations	28521
    •mended regulations as proposed.
    Although none of the'Commenters'
    disagreed with the Agency's action.
    tome believed it necessary to comment
    on the background and development of
    the proposal and to seek clarification on
    the Agency's intended procedures for
    applying the effluent limitations
    guidelines. The major comments are
    addressed below.
    
    A. Beat Available Technology Effluent-
    Limitations Guidelines (BAT)
      Some of the commenters argued that
    wutewater flow reduction is not an
    appropriate basis upon which to base
    effluent limitations guidelines for this
    industry. It was claimed that other
    pollutant specific control techniques will
    be used, if necessary, to achieve the
    proposed discharge limits for process
    waatewater.
      The Agency has documentation that
    flow reduction is an achievable
    technology for this industry. Industry
    and Agency  studies that con/inn this
    (act are included in the rulemaking
    record for this regulation. These
    investigations conclusively
    demonstrated thai refineries have
    numerous methods available to reduce
    process wastewater generation or
    discharge volumes. These studies also
    demonstrated that the costs and specific
    methods available an heavily
    dependent on site-specific factors at
    each individual refinery. The Agency
    has also noted that there is a substantial
    downward trend in historical water
    usage/discharge rates industry-wide
    regardless of environmental regulatory
    requirements.
      There may be some refineries which
    have already achieved a low flow
    condition or cannot implement Sow
    reduction due to site-specific factors. In
    These cases,  improvements to the
    existing treatment system design or
    operation, or in refinery operating
    practices, may be necessary to meet
    today's amended BAT effluent
    limitations. It should be further clarified
    that the regulation does not preclude the
    Implementation of other control options
    such as pollutant specific control
    techniques or other techniques which a
    refinery considers the most cost-
    effective method to achieve its permit
    conditions.
      Clarification was sought by
    commenters on the method that should
    be followed  to determine the
    appropriate refinery production rates for
    milt-iilaring BUSS effluent limita.
    Questions were also raised about the
    possibility of BAT pollutant limits being
    less stringent than BPT levels due to
    differences in the procedures for
    calculating BAT and BPT permit limits.
      The effluent limitations guidelines
    developed for the petroleum refining
    Industry are production baaed. Although
    previous permits may have been issued
    on- the basis of process capacities.
    permit limits based on the revised BAT
    regulations should be calculated on the
    basis of actual production rates. For this
    reason, me permit writer should
    undertake a thorough review of a
    refinery's historical process utilization
    rates and process groupings to
    determine a reasonable measure of
    actual production protected for the
    period the permit would be in effect.
    This method of determining appropriate
    process feedstock rates for use in
    calculating mass effluent limits is in
    accordance with 40 CFR 122.45{b). The
    Individual process feedstock rates
    established should be based on data
    from the same time period. i.e.. all
    production data for the same time
    period. Generally, this time period (e.g..
    calendar year) could be that for which
    the sum of the crude process feedstock
    rates is the greatest but is sail
    representative of anticipated feedstock
    rates for the duration of the NPOES
    permit
      The next step in this method is to
    calculate a daily average feedstock rate
    for each refinery process included in the
    determination of effluent limitations.
    These values may be calculated by
    dividing an historical annual feedstock
    rate for each process by the number of
    days the process was in operation.
    These same average daily process
    feedstock rates should be used in the
    calculation of both daily maximum and
    30-day average BAT effluent limitations.
    This method is consistent with the
    procedure the Agency used to develop
    the effluent limitation factors for the
    amended regulations and with 40 CFR
    122.45. Additionally, the daily maximum
    and 30-day average variability factors.
    which are components of the effluent
    limitation factors used to denve permit
    effluent limitations, reflect short-term
    (i.a~ monthly and daily] deviations from
    long-term (annual average) performance.
      The amended BAT limits for phenolic
    compounds, total chromium and
    hexavalent chromium are based on a
    flow model and daily "»•*""'""
    variability factors which  are different
    than those used to establish the BPT
    regulations. Some BAT permit
    limitations could be less stringent than
    the BPT limitations for a given refinery.
    even though the BAT and BPT
    limitations are calculated using the
    some process feedstock rates
    determined in accordance with the
    provisions of 40 CFR 122.45. These
    occurrences can be caused by the
    Inclusion of additional processes and a
    new process grouping in the BAT flo-
    model. In such instances, the result
    permit limitations would be the raoi
    stringent of either the calculated BPT
    limitations or calculated BAT
    limitations. This is because BAT permit
    limitations may not be less stringent
    than BPT. In order to make a proper
    comparison, the BPT limitations should
    be recalculated using: (1) Production
    data from the same time penod that are
    used to calculate the BAT limitations:
    and (2) the BPT process groupings and
    tubeategonzation.
      In an effort to provide guidance on the
    application of the proposed amendments
    to the BAT effluent limitations
    guidelines, the Agency held workshops
    in San Francisco and Dallas for permit
    writers during November and December
    1984.
    
    B. Best Conventional Pollutant Control
    Technology Effluent Limitations
    Guidelines (3CT)
    
      Commenters agreed with the
    approach that was followed by the
    Agency in its BCT cost evaluation and
    that the two candidate technologies
    selected are the most  cost effective
    beyond BPT. Even though the Agency
    found that none of the four regulatory
    options that were considered passer'
    BCT cost test for any of the five
    subcategones. commenters argued ti.
    the actual cost per pound of pollutant
    removed would be greater than those
    estimated by EPA. It was argued that
    the removal cost ratios presented in thr
    Agency's original BCT cost evaluation
    report were underestimated because
    filtration coats were understated and
    removal efficiencies were oversu ted. It
    was also pointed out that the BCT
    evaluation should incorporate available
    updated information.
      As discussed in Section III of this
    preamble, the Agency has revised its
    BCT cost evaluation to incorporate the
    updated information referenced in the
    notice of data availability publisned OR
    September 20.1984 (49 FR 37046). The
    Agency also believes  that the filtration
    costs  and removal efficiencies used in
    tis original evaluation are realistic.
    Nonetheless, if costs were understated
    and pollutant removals were overstated
    as argued, then removal cost ratios
    would fail the BCT cost test by  an even
    wider margin, which would not change
    the Agency's original  conclusion that
    BCT should be set equal to BPT for this
    industry.
    
    C Effluent Limitations Guidelines fc
    Contaminated Storm  Water Runoff
    
      Commenters supported the
    reinstitution of allocations for the
                                                       232
    

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    28522       Federal Register / Voi. 50. No.  134 / Friday. July 12. 1385 / Rnlea and Regulations
    discharge of contaminated storm water
    runoff commingled with process
     'astewater and treated in a refiner's
     ffluent treatment system. Commenten
    recognized that storm water runoff can
    hav« a significant impact on a
    wastewater treatment system and
    argued that allocations are appropriate
    for both coatatmiLated and
    uncontaminated runoff, hi addition.
    clarification* were requested oo the
    Agency's definition of contaminated
    runoff and its intentions to include only
    water which comes into direct contact
    with raw materials or petroleum
    products (La. exposed or spilled ad) or
    to extend its coverage to runoff from
    storage areas or tank farms where.
    ideally, no direct contact occurs.
      The Agency's intent in promulgating
    storm water runoff limitations is to
    provide a mechanism for the control of
    storm watrr wben mis waste stream is.
    or is very likely to be. contaminated by
    direct contact with raw. intermediate or
    final products. The collection and
    treatment of storm water runoff that is
    uncontaminated can be costly and
    burden the refinery's wastewater
    treatment system. For this reason, the
    Agency wishes to encourage refineries
    which segregate uncontaminated storm
    water runoff from contaminated
    wastewater streams (a continue this
     ractice. The regulation, however, does
     ot require such segregation.
       One comnenter argued that the total
    organic carbon (TOC) and ofl and grease
    discharge criteria for the control of
    contaminated runoff effectively sets
    storm water runoff limitations.
       The 110 mg/1 TOC and 15 mg/1 oil aad
    grease applicability  criteria for BAT/
    BCT effluent limitations apply only to
    contaminated runoff as defined at
    § 419.11(3). These varies are intended to
    serve as threshold criteria for including
    contaminated runoff effluent limitations
    (e.g.. phenolic compounds, total
    chromium, total suspended sotida) in
    NPDES permits. These criteria or other
    limitations may be applied to such
    discharges on a case-by-caae basis at
    the permitting authority's discretion. For
    example, a particular stormwater  muug
    discharge that normally meets the
    threshold criteria may be of a nature
    wnere it cooid become very
    contaminated by an accidental spiO. In
    such situation* it may be appropriate to
    impose the TOC oil and grease and/or
    other value* a* effluent limitation* or to
    at wast reojoire periodic sampling and
    analysis for such pollutants to monitor
    the nature of such discharge*.
    
     TL Executive Order 12291
       Under Executive Order 12291. EPA
                                           muat judge whether a regulation is
                                           "major" and therefore subject to the
                                           requirement of a Regulatory Impact
                                           Analyst*. This regulation is not major
                                           because it does aot fall 'within the
                                           criteria for major regulations established
                                           in Excutrve Order 12291.
    
                                           VIZL Regulatory FUwhiliry Analysis
                                             Under the Regulatory Flexibility Act 3
                                           US.G 901 et seq., EPA must prepare a
                                           Regulatory Flexibility Analysis for ail
                                           regulation* that harre a significant
                                           impact on a substantial number of small
                                           entitle*. The Agency doe* not believe
                                           that today's ralemakmg will have a
                                           lignificant impact on any segment of th»
                                           petroleum refining mdusoy. large or
                                           smafl. The Agency has not. therefore,
                                           prepared a formal analysis for ma
                                           regulation.
                                           DC OMB  BavMw
                                             This regulation was submitted to the
                                           Office of Management and Budget for
                                           review as required by Executive Order
                                           12291. Any comments from OMB to SPA
                                           and any EPA responses to those
                                           comments are available for public
                                           inspection at Room M2404. U.S. EPA.
                                           401 M Street SW, Washington. O.C
                                           from MO ajn. to 4:00 p.m. Monday
                                           through Friday, excluding Federal
                                           holidays.
                                           X. List of Subjects • 4fl CFR Part 43*
                                             Petroleum water pollution control.
                                           WastewBter treatment and disposal.
                                             Dated: My 1. 1383.
                                             For the reason* set out m the
                                           preamble, EPA a am*oHmg 40 CFR Put
                                           419 as foUow:
    
                                           PART 419— PETROLEUM REFINING
                                           POINT SOUflCC CATEGORY
    
                                             1. The authority citation for Part 419
                                           ajutmuea to read as follow*:
                                                                i (bj. (c), (•). and
                                           (gj. 308 03) and (c). 307 (b) and (c). aad SOX
                                           Federal Water PoOuOoa Control Act u
                                           amended (me Act): 33 US.C 1311.1314 (b).
                                           (c). (e|. and (g). 1318 (b) and (c}. 1317 (b) and
                                           (c). and 1381:« Stat. ««, Poo. L 92-400: ft
                                           Slat. 1S67. Pub. L. 9S-S7.
                                             2. Section 419.11 Is amended by
                                           revising paragraph (b) and adding
                                           paragraph (gj to read as follows:
                                           f41t.11
                                             (b) The term "runoff" shall mean the
                                           flow of storm waler resulting froaa
                                           precipitation coming into cnntact with
                                           petroleum refinery property.
      (g) The term "contaminated runoff"
    shall mean runoff which comes into
    contact with any raw material.
    intermediate product finished product.
    by-product or waste product located on
    petroleum i efiiiei y property.
    (419.12
      3. In } 419.12(8). the table is amended
    as follows:
      A. Under the heading "English units
    (pounds per 1.000 bbl of feedstock)", in
    the first column opposite "tulfide".
    "O53" is revised to read "0.053".
      B.  Under the heading "English units
    (pounds per 1.000 bbl of feedstock)".
    opposite "luifide" in the second column.
    •U24" is. revised to read "0.024".
      C Under the heading "English units
    (pounds per 1.000 bbl of feedstock)".
    opposite "hexavalent chromium", m the
    first column "0.10" is revised to read
    "0.01".
    4.4ULH
    
      4-6. m 5419.32(a). in the second
    column of the table, ander "Metric units
    (Kilograms per 1.000mJ of feedstock}".
    opposite "sulfide". "Q.SZ" is revised to
    read "OJ2".
    
    §41*53  [Amended]
      7. The table in 5 419.S2(b](l). under
    the column "1.000 barrels of feedstock
    per stream day." the figures "12S.O to
    1243" and "200 to 244.9" are revised to
    read "T23.0 to 149.9" and "200.0 to
    224.91" respectively.
    
    H 4«Lli 41U3, 419J2, 419.43, anri 4n.«
    [ Amended]
      8. Sections 419.12te). 419 22{e).
    419.32(e). 4l9.42(e). and 419.52te] are
    amended by removing the paragraph
    heading and the word "reserved" and by
    adding the following text:
                         Ot
      (e) Effhent Limitations for
    CoHftintfimtcQ nitftuff. Tne following
    effluent limitations corwdtnte the
    quefltity and qualify of pollutants or
    pollutant properties controlled by this
    paragraph and attributable to
    contaminated runoff, which may be
    discharged after the applies Ban of the
    best practicable control technology
    currently available by a point auunje
    subject to this subpart.
      (1) If wastewatar consists solely of
    contaminated runoff and is aot
    commingled or treated with process
                                                               233
    

    -------
                   Federal Register / Vol.  50. No.  134  /  Friday.  July 12.  1985  / Rules and Regulations	28523
    Mdsiewater. it may be discharged if it
    does not exceed 15 mg/1 oil and grease
    and 110 mg/1 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 15 mg/1 oil and grease or 110
    mg/1 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:
    Potman! v pollutant property
                          BPT effluent kflManons lev
                            contamifiBlBd runoff
                         Manmumtor
                          any 1 day
    Average ol
    daily values
      tor 30
    consecutive
    dayssnai'
    not aneed
                          Metric unts (kdograms per
                             1.000 m> ol How)
    TSS	______
    COO'	-	
    Ol and ggeaae.- _--  —
    Phenolic compounds (4AAP).
    Toolcnromum ...
    46
    33.
    360
    15
    035
    073
    0062
    26
    21
    180
    6
    017
    043
    0026
    English unts (pounds per
    1.000 gallons ol nMr)
    BOCX 	 	
    TSK
    con '
    
    Total chromum 	 	
    pH 	 . .__ _ 	 	
    0.40
    028
    30
    013
    00029
    0.0060
    0.00052
    (•)
    0-22
    018
    1.5
    0067
    00014
    Ojooas
    O00023
    m
      1 In any case vi vrtuch Hie appkcant can demonstrate Inat
    trie cNonde on ooncentnton n tie effluent exceeds 1000
    mq'l (t 000 pom), me permitting authority may substitute
    "OC is a ;*-«.T.. f m heu ol COO A TOC effluent imitation
    Shan be toned on effluent data from the parbcular refinery
    •rueh rore&les TOC to 8CXX II n Die (udgmeni of me
    permitting autnonty. adeouale correlation data are not avail-
    able the effluent kmnmna for TOC shaft be esiabisned «
    a ratio ol 2 2 lo 1 to We appkcabte effluent tomaoons tor
      »wmn the range ol M to 9 0
    
    9$ 419.13, 419.23. 419.33. 419.43, and 41933
     (A •ajia^anrtamari 1
     Amended j
    
      9. Sections 419.13. 419.23. 419.33.
    41943. and 419.53 are amended by
    removing the entries and effluent
    limitations for phenolic compounds.
    total chromium, and hexavalenl
    chromuim from the tables in paragraph
    |a|.
      10. Sections  419.13. 419.23. 419.33.
    419.43. and 419.53 are further amended
    by redesignating paragraph (e) as (f).
    redesignating paragraph (d) as (e).
    redesignating paragraph (c) as (d). and
    revising the redesigns ted paragraph (f|
    to read as follows:
    S 419.—Effluent limitation* guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the beet available technology economically
    achievable (BAT).
    •    •     •     •     •
      (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 attnbutable 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/1 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/1 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:
    PoUutant or potutaffl property
    
    contanMatod runoff
    Maximum for
    any 1 day
    Averaged
    devalues
    lor 30
    consecutive
    dayssnac
    noteieeed
                                     Mate unto (Mograms par
                                        1.000m" of flow)
    
    
    Heflvaloni ctvomurn . .
    COO '
    
    035
    060
    0062
    360
    017
    021
    0026
    iao
    
    Total clMomsim . . _ _ .
    COO ' __ - 	
    English unts (pounds per
    1.000 galons ol (tow)
    00029
    00050
    000052
    30
    00014
    00018
    000023
    IS
                 1 In env case in •ncn the appQcait can demonstrate that
               Ine cNonde on concentration n me effluent nureerlg 1.000
               mo'I (1 000 pom) the ueiiimuiiu authority may substitute
               TOC as a parameter n teu of COD A TOC effluent hmtaMn
               snail be based on effluent  data from ma particular refinery
               •ftc*) correlates TOC to BOD> II m the (udgemeni of rrv»
               	  autnonty adequate correlation dala are not avail-
                     effluent limitations
                                  for TOC shat be established •!
                                        effluent limitations tor
    abfa tfw
    a ratio ol 22 lo i to me
    8OIX
                 ll.Sections 419.23.419.33.419.43. and
               419.53 are amended in newly designated
               paragraph (d) by changing "419.13(c)" to
               read "419.13(d)".
                 12. Sections 419.12 (a) and (c). 419.13
               (a). 41916 (a) and (c). 419.22(a).
                                                         419.23(a). 419.26(a). 419.32(a). 419.33(a).
                                                         419.36[a). 419.42(a). 419 43(a). 419.46(a].
                                                         419.52(a). 419.53(a), and 419.56(a) are
                                                         amended by revising footnote (1) to the
                                                         table to read " ' See footnote following
                                                         table in §
    §§ 419.13. 419.23, 419.33, and 419.53
    [Amended]
      13. Sections 419 13. 419.23. 419.33. and
    419.53 are amended by adding a new
    paragraph (c) to read as follows:
    
    { 419.— Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the best available technology economically
    achievable (BAT).
    •    •    •     •     •
      (c)(l) 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 refiner) is the sum
    of the products of each effluent
    limitation factor times the appbcable
    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 ponuunt property
    end pfQGBSs lypfl
    BAT etlluem imitation
    factor
    Mvnmuffl (Of
    any i day
    Average ol
    darfy values
    tor 30
    consecutive
    dayssnai!
    not exceed
                                                                    Metre urats (kilograms per
                                                                     1000 cube  mete-s  ol
                                                                     feedstock)
    Phenolc compounds (4AAPV
       Crude
       Cracking and coking
       Asphalt ,    ..._ ..„
       Lube..  .  _ — ...
       Retomvig and slkyiation
    Total chromurn
       Crude  _
       Cracking and coking
                                                 Reforming and alkviation
                                                    nlcnronvunr
                                                 Crude
                                                 Cracking and coung
    0037
    0419
    0.226
    1055
    0377
    0030
    0340
    0163
    0.855
    0305
    00019
    00218
    0003
    0102
    0055
    0257
    0092
    0011
    0118
    0064
    0297
    0106
    oorxx
    0009.
    

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    28524	Federal Register / Vol.  50. No. 134  / Friday. July 12. 1985  /  Rules and Regulations
    
    MUM or pomttrM property
    •widpracMS typ*
    Alphas 	
    l^>?
    Reforming and afcytBBon«_
    Phenofc compounds (4AAP):
    Craeknaandeetaig 	
    Lubt
    Tout cfwomunc
    AlptMf*
    i.««
    RflvonrwQ md •fhytcbon ».
    
    
    liifrr •
    
    •H9HJill8l«l| •W ••iyielUUII _
    BATalBMmMMon
    Maximum tor
    any 1 day
    O0117
    00549
    O0198
    Average*
    Oa»>va*ia>
    ~tr3p
    COHiMQUtMi)
    d»yaahal
    0X1053
    0.0248
    00088
    EngWi unto (pom* par
    IMO nU of faadMek)
    0013
    O147
    0079
    O3B9
    O132
    0011
    0119
    OJOB4
    0289
    0107
    00007
    00078
    00041
    00192
    O0089
    0003
    Oi03S
    0019
    OOBO
    0032
    0004
    0041
    0022
    0104
    0037
    00003
    00034
    00019
    00087
    0.0031
    (2) See the comprehensive example in
    Subpart D. { 419.43(c)(2).
    14. Section 419.43 is amended by
    adding a new paragraph (c) to read as
    follows:
    PMuhjnt or poMant property
    and prooeaa type
    Phone* compounds (4AAP):
    Q ^LI •_£ eoMv1
    f^ny irun*w
    lubt
    Ralornang and aftyej&on _
    TaM enromunt
    Crocking and oolong 	
    Aaphatt 	
    tub*
    Rofornwig and akytatton «•
    
    Craddng and eotoig
    **(***
    Lub*
    neWonmiQ end Bfcyl8oon__
    Phanofc oarnpom* t*AAPr
    Cracking and ookng.
    
    \it»
    nOtafnvnQ end •fcytaoon ~~
    Todl dvomuit
    CnnH
    
    •tiiriHfi
    !.<.
    BAT arfluent imoaHon
    naor
    IkBdrnumtor
    A«en«eol
    da»f««Mi
    fcrSO
    ooneacuAve
    dtyaahal
    MaMc unto (Mograma par
    1 4)00 m'ol feedstock)
    0037
    0419
    O228
    1066
    O377
    0030
    0340
    0183
    0.865
    O306
    00019
    00218
    O0117
    00548
    00198
    0009
    0.102
    0065
    OJS7
    0092
    0011
    0.118
    0084
    O2B7
    0108
    00008
    00098
    00053
    00248
    00088
    Eflyisn units (pounds p*y
    1X100 OBI ol feedstock)
    0.013
    0147
    0079
    0.389
    O132
    0.011
    O11B
    O084
    O2B9
    0003
    0038
    0019
    OOBO
    0032
    O.OO4
    OO41
    0.022
    0104
    RoSnary pfocaa»
    8 C«t»fyite r«lr™~>(|
    
    
    
    
    DtaMM**
    rToceae
    teedatock
    nte 1.000
    DBI/day-
    10
    10
    Note: 30 day average effluent limitation for
    phenolic compounds (4AAP). lb/day= (0.003)
    (225) +(0.036) (45) +(0.019) (5) +(0.090)
    (3)+(O032) (10)=2.98 Ib/day
    15. Section 419.14 is revised to read as
    follows:
    (419.14 Effluent limitations guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the best conventional pollutant control
    technology (BCT):
    (a) Any existing point source subject
    to this subpart must achieve the
    following effluent limits tfons
    representing the degree of effluent
    reduction attainable by the application
    of the best conventional pollutant
    control technology (BCT);
    Poeutant or pooutant propoily
    BCT effluent tmoaoona
    Madman
    tar any 1
    Average ol
    dairy values
    tor30
    oonsecuftve
    not 0xcood
    9419.43  Effluent limitation. guMellnea
    representing the degree of effluent
    reduction attainable by the application of
    the best available technology economically
    achievaote (BAT).
      (c)(l) 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
    eulueut reduction attainable by the
    application of the best available
    technology economically achievable
    (BAT):
      (i) For each of the regulated pollutant
    pariTeters 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
    processUentification 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 Pretnatment Standards
    for the Petroleum Refining Point Source
    Category (EPA 440/1-82/014). Table ffl-
    7, pp. 49-64.
                                                                 Wetnc unta (Mograma per
      (2) Example Application of Effluent
    Limitations Guidelines as Applicable to
    Phenolic Compounds, Hexavalent
    Chromium, and Total Chromium.
      The following example presents the
    derivation of a BAT phenolic compound
    (4AAP) effluent limitation (30-day
    average) for a petroleum refinery permit
    The methodology is also applicable to
    hexavalent chromium and total
    chromium.
    f*T>i
    TSS
    pM
    am,
    TSM
    
    
    
    227
    158
    69
    C)
    120
    101
    37
    C)
    Engtah ma (pounds per
    1.000 bbl ol feedstock)
    80
    68
    ZS
    C)
    425
    3.8
    13
    2. Crude daaaMng	
    I Vacuum crude dkdfe
        TOM i
    8. FUd cataryde on
    ML HydnxraeUng.
        Total OBBdUng and ooafnQ pvooaaeee
         00	
    18. Aapnal protection	
    
                                             ' WiOwi ON range o< 0.0 to 9.ff
    
                                              (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.
                                   ma 1.000
                                   bM/dqr
                                              1.000 Ml of known* par tnm flay
                                       100
                                        so
                                        76
                                       225
                                        25
                                        20
    600 to 748_
    
    100 to 124 9~
    
    1SOO or great
                                                                          Sto lector
                                      102
    
                                      1.18
                                       1.87
                                        48
                                         8
                                              (2) Process factor.
                                                                                    L5I0149
                                                                                                                      087
                                                      235
    

    -------
                  Federal Register  /  Vol. 50. No.  134 / Friday. July 12.  1985 /  Rulea  and  Regulations	28525
    5.Sto5_9_
    60 » 649.
    65»8J9_
    8*1
    90to949	
    95to999_
    100 » 10 49-
    10.5 to 10 99-
    11X10 .148.
    11 5 Mil M-
    130 to 13 48.
    13 5 to 13.99.
    14 0 or gratar
                                    factor
    080
    OJ6
    107
    117
    
    1J9
    151
    164
    179
    195
    2.12
    2J1
    2.51
    Z73
    298
    324
    353
    384
    418
    438
      (3) See the comprehensive example in
    Subpart D. § 419.43(b){3).
      (c) The following allocations
    constitute the quantity and quality of
    pollutants or pollutant properties
    controlled by this paragraph and
    attributable to ballast, which may be
    discharged after the application of best
    conventional pollutant control
    technology by a point source subject to
    this subpart. in addition to the discharge
    allowed by paragraph (b) of this section.
    The allocation allowed for ballast water
    flow, as kg/cu m (lb/1000 gal), shall be
    based on those ballast waters treated at
    the refinery.
     ^OHM-_nt OF poNutmt pnpwty
                         BCT Effluent imnttiont tor
    any Iday
                         MMnc uraa (Uograrm pv
                              m« ol flow)
    r«r>,
    TSS
    
    f*
    BOO> 	
    TSS 	
    
    r"
    
    0046
    0033
    0015
    (X028
    0021
    0006
    P)
    EngMi urau (pounda par
    1.000 omnona d Bow)
    040
    026
    0128
    C)
    021
    017
    0.067
    C)
      1 Witrun na range of 6.0 to 90
    
       (d) The quantity and quality of
     puiiuUnw 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.
       (e) 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 conventional pollutant control
                       technology 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 15 mg/1 oil and grease
                       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 IS mg/1 oil and grease 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 bated in the
                       following table:
    
    
    Poftfttnt v poHutBnf ivoporty
    
    
    
    BCT emuant bntafiona tor
    eontammatad runoff
    Man-urn tor
    any iday
    
    
    AMragaof
    (ttyviluM
    tor 30
    oonsoouwA
    days anal
    not CaTOVod
                                            Mafnc unrla (Wtoflrama par
                                               1.000 (m* of Now)
                       BOCk	
                       TSS 	
                       C« and graaaa-
                       pH ______	
                                                                      46.
                                                                      33
                                                                      IS.
                                                                      (1
                                                                              2t
                                                                               6.
                                                                              n
                                                                  EnQutft units (pounds pv
                                                                   1.000 gUton ol toot
                                             Mandgraaaa-
                                             pH	
                                                                      0.40
                                                                      028
                                                                      013
                                                                               022
                                                                               0-18
                                                                               OJ067
                                                                              (1
                        _ • Within the range of 64 to 9A
    
                         16. Section 419.T4 is revised to read as
                       follows:
    
                       8419.24  Effluent Umltatlont guMeUnes
                       raprasentlng ttw dogra* of trTluenl
                       reduction attainable by the appHcatton of
                                                             tobyt
                                                             naTpa
                       ttw best eonvwrtlonarpoflutant control
                       technology (BCT).
                          (a) 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 conventionaLpollutant
                       control technology it/iL):
                        Poautam or penman! property
                                              BCT affluant Imraitlo-a
                                              tor any 1
                                                                            A-angaot
                                                                            dtiiyvaluaa
                                                                             torso
                                                      dayatfial
                                                      not<
                                             MaWe urUB Odograma par
                                              1jOOO(m'oll
                        BOCX. .
                                                           156
    PoM-nt or poOut»nt property
    
    pM 	
    
    BCTaMuani tnMaoona
    Maximum
    Mr any 1
    day
    84
    n
    Avaragaol
    (My vakm
    lorSO
    eontacuava
    dayaahaM
    not axcaad
    45
    11
                                                                                                           Engksfl unm (pounds par
                                                                                                            1.000 bbl of laadimcli)
    BOO.
    TS«?
    
    P" . ... .,
    
    99
    89
    30
    11
    55
    44
    16
    (T
                                                                                       •Within *•
                                                                                                  of S.O to 9JX
                                                                                       (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 MX of laauaiB-li par mam o-y
    Laaatnan 7*9 	
    TffQM-f 9
    50 0 to 74 9
    750 to 99 9 	 	 	
    1000 to 17*9 	 	
    1250 M 1-99 	 	 	
    
    
    Soa factor
    091
    095
    104
    1 13
    1.23
    135
    141
                                                                  (2) Process factor.
    
    •V*
    Lata »»n8-9
    25 to 3-9 	
    35 to-/-9 	 _ 	
    - f "ff » -9 . .
    *$to«a_
    OOtot-9 . .. ....
    f ^ tftfoa
    70 to 7 -9 	
    79 n>799
    9 ni-t-f
    6.5 to 899 	 - 	
    90 to 9-9 	 	
    
    
    PfOCUt
    (actor
    058
    063
    074
    088
    100
    109
    1 19
    129
    1 41
    153
    187
    182
    189
                                                    (3) See the comprehensive example in
                                                  Subpart D. 9 419.42(b)(3).
                                                    (c) The provisions of S 419.14(c) apply
                                                  to discharge of process wastewater
                                                  pollutants attributable to ballast water
                                                  by a point source subject to the
                                                  provisions of this subpart.
                                                    (d) 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
                                                    (e) 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
                                                        236
    

    -------
    28526        Federal Register / Vol. 50. No. 134 / Friday.  July  12.  1985 /  Rules and Regulations
    best conventional pollutant control
    technology by a point source subject to
    this subpart.
      (1) If waste water consists solely of
    contaminated runoff and is not
    commingled or treated with process
    wastewater, it may be discharged if it
    does not exceed 15 mg/1 oil and grease
    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 15 mg/1 oil and grease 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:
    PoHutant or poflufant property
    BCT effluent limitations for
    Gontanwtstad runoff
    Maximum tor
    any 1 day
    Average of
    daily values
    for 30
    oonseordM
    days shall
    not exceed
                         Metric ums (kaograms per
                            1.000 m« of fKw)
    BOO.
    TSS
    
    r"
    
    48
    33
    IS
    O
    28
    21
    8
    (')
                         En0tan units (pounds por
                           1,000 geHona of nm>)
    POC. 	
    T«5S 	
    
    pU
    
    040
    028
    013
    (1
    022
    018
    0087
    «
      'WNhm the range of 60 to 90
    
      17. Section 419.34 is revised to read as
    fnllnws."
    
    § 419.34  Effluent Limitations Guidelines
    representing the degree of effluent
    reduction attainable by the application of
    the best conventional pollutant control
    technology (BCT).
      (a) Any existing point source subject
    to this subpart must achieve the
    following effluent limitations
    representing the degree of effluent
    leuuiuun attainable by the application
    of the best conventional pollutant
    control technology (BCT):
     Pollutant or poOutam property
                          BCT
                          tor any 1
                            day
            30
            cutk
         days shaft
                           1.000 m> of feedstock)
    BOD.
    TSS.
    346
    234
    PoHutant or p^nrti'M property
    
    pM
    
    BCT affluent irritation*
    Msxmum
    taany 1
    day
    111
    0
    Average o(
    -W
    consecutive
    daysman
    not exceed
    58
    0
                                         EnQksti unns (pounds por
                                         1.000 btt ol feedstock)
    BQOi 	 --.-
    TSS 	
    Ori and grease 	 	 	
    pM
    
    121
    83
    39
    O
    65
    US
    2.1
    41)
                    1 Withm the rang* o* 6.0 to 8 0.
    
                     (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 DM of feedstock par stream day
    lmnHM»?-«»
    juatifAaa , , .
    p>9'ff7*a
    750 to 09 0 	
    100 0» 1J49 	 	 .....
    t?fQlp 1*90 	
    
    
    Size teeter
    0.73
    076
    083
    091
    090
    108
    113
                                               (2) Process factor.
    
    
    l.«f thfn A JO 	 _ 	
    4SMS10
    * 5 "0599 	 	 	 	 	 	 	
    • nmAia
    4S4499 	 	 	
    7010740 	 . 	 	 	
    7$iQ7aa 	
    an 19 a in 	
    pennon
    aninaja
    95 or jTMtar
    
    Process
    factor
    073
    080
    091
    099
    106
    1 17
    128
    139
    151
    1.65
    172
    184
    14.8
      (3) See the comprehensive example in
    Subpart D. § 419.42(b)(3).
      (c) The provisions pf fi 419J4(c) apply
    to discharges of process wastewater
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart.
      (d) 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.
      (e) 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 conventional pollutant control
                                                   technology 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 15 mg/1 oil and grease
                                                   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 15 mg/1 oil and grease 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
    BCT effluent hmtalions for
    conuTuratGd furoff
    Maximum tor
    any 1 day
    Average of
    daily values
    fa 30
    consecutive
    days shall
    not exceed
                                                                                 Metric unrts (Wogrami pei
                                                                                    1.000 m> of flow)
                                                                                      BOD.-
                                                                                      TSS
                                                                                      Od and grease.
                                                                                      OM	
                                                                                      BOO.
                                                                                     48.
                                                                                     33
                                                                                     IS
                                                                                     28
                                                                                     21
                                                                                     8
                                                                                 English urns (pounds per
                                                                                  1.000 gallons of flow)
                                                             > With*) the range ot 6 Olo 90
    
                                                             18. Section 419.44 is revised to read as
                                                            follows:
    
                                                            9 410.44  Effluent limitations guidelines
                                                            representing the degree of effluent
                                                            reduction attainable by the application of
                                                            the best conventional pollutant control
                                                            technology (BCT).
                                                             (a) 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 conventional pollutant
                                                            control technology (BCT):
    
    
    BCT affluent Gmtatforts
    Majomum
    tor any 1
    day
    Average of
    daily values
    for 30
    consecutive
    daysanaU
    not eiceeo
                                                                                 Metric unds (kHograms per
                                                                                  1.000 m* of I
    606
    3S6
    258
    227
                                                         237
    

    -------
                  Federal Register / Vol.  50.  No. 134 / Friday. July 12. 1985 / Rules and Regulations	28527
    
    PoluM or poMant property
    O» nvIGnMM
    fH
    rXXN
    TSS 	
    
    pH
    
    
    
    BCT effluent BmteBora
    Maximum
    lor any 1
    day
    1&2
    (')
    Average of
    deity value*
    _Jw30
    OOnSOClltfVQ
    dtysthafl
    not vcowd
    u
    n
    Engtsh unrts (pounds per
    1.000 bM of feedstock)
    179
    12.5
    5.7
    «'J
    
    9.1
    80
    3.0
    (')
    
    ' Wlthn the range of 8 0 to 9 0
    (b) Thp limits 8P» 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.
    (l) Size factor.
    l.dOu MI ol leedMocK per strain day
    Less than *v 9
    so 019 7i a 	 ,
    Tin m ao a
    lOOOM 1MD
    1KOM 1400
    1"iOOiol749
    1750m tea a
    200.0 or group
    
    (2) Process factor.
    
    
    
    
    
    
    
    
    
    Sizo fftctof
    071
    074
    081
    088
    097
    105
    1.14
    1 19
    
    Process corrtxjnixjn
    it.-^l^-^BM 	 	
    7?»700 	
    astaaaa
    a OK. aia
    aSMDBB
    momma
    insnioaa
    110M1IJB
    11 «M 11 ao
    19 nm o*a
    1H « t? t-OO
    
    
    
    
    	
    -•.=-_::
    
    Process
    factor
    OBI
    088
    1.00
    109
    1 19
    1.29
    141
    153
    167
    182
    198
    2.15
    2.34
    2-*4
    technology 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 15 mg/1 oil and grease
    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 15 mg/1 oil and grease 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:
    BCT affluent (nutations tor
    contemHisted runoff
    Average o«
    PoOutam or pollutant property daily values
    Mcationwni for tot 30
    •Viy 1 OCV QOR9GCUDV9
    day* shan
    ml exceed
    Metric untt Odtograra per
    1.000m* of flow)
    BOCK 	 ia ?*
    TSS 	 M ?1
    Ol and grease .... 	 is 8
    PH .- - .. <•) (')
    Engksh unta (pound* par
    1.000 gallons of flow)
    BOO. 	 040 022
    TSS 	 	 	 — 	 	 028 018
    Ol and grease 	 013 0067
    pH 	 	 (i) <•)
    • WWm me range ol 6 0 to 9 0
    19. Section 419.54 is revised to read as
    follows:
    5 419.54 Effluent nmttatiora guidelines
    representing the degree of effluent
    
    PoMant or poUutsnt property
    P"
    
    am.
    TSS
    cm m*Hf*m
    ph 	 	
    
    
    BCT effluent Imitations
    Msiomum
    for any 1
    day
    171
    (')
    Average of
    da* values
    for 30
    consecutive
    days snail
    not exceed
    91
    <•)
    Engtati unrts (pounds pef
    1.000 tab) of feedstock)
    192
    132
    6.0
    (')
    10.2
    84
    32
    I1)
    1 Vttnm me range of 6 0 to 9 0
    (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 par stream day
    Leas than 124 9 	
    1250(0 1499 _ _. . _.
    i WO 19 i7i 9 	 	
    17? 19 iea« 	
    2000U>2249 	 	
    225 0 or greater 	 	 .... _.
    (2) Process factor.
    - 	
    •— 	 •
    
    
    Sue factor
    073
    076
    083
    091
    099
    104
    
    Process configuration
    Less than 8 49 ... 	
    6 5 to 7 49 	
    T*b>70Q
    80 to 649 ... 	
    aftoaaa , , ,
    90 10 949 ...
    9 5 to 999 	
    105101099 . -.
    110 to 11 49 _ _ 	 .
    115101199 	
    12.0 to 1249
    12 5 to 12.99 	 . . - -
    13 0 or greater „„._«... ... .
    
    _.-L_.
    	
    • 	
    	 	
    -
    Process
    factor
    075
    082
    092
    100
    110
    120
    130
    142
    154
    168
    183
    199
    217
    228
    
      (c) The provisions of S 419.14(c) apply
    to discharges of process wastewater
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart.
      (d] The quantity and quality of
    pollutants or pollutant properties
    cc.i.::wl!sd by 'Jiia paragraph,
    attributable to once-through cooling
    water, are excluded from the discharge
    allowed-by paragraph (b) of this section.
      {?' ?f"j"'' 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 conventional pollutant control
    reduction attainable by the application of
    the best conventional pollutant control
    technology (BCT).
      (a) Any existing point subject to this
    subpart must achieve the following
    effluent limitations representing the
    degree of effluent reduction attainable
    by the application of the best
    conventional pollutant control
    technology (BCT):
    POittjtsfit or pOBUteVet pPDpofty
    Bwi •fmUrt iiTTiilAitons
    Maximum
    tor any 1
    day
    Average of
    daity value*
    for 30
    consecutive
    dayashal
    not exceed
                         Metric untts (Uograrna per
                          1JOOO m • of feedstock)
    TSS.
                              844
                              37J
    269
    23.7
      (3] See the comprehensive example in
    Subpart D. 8 419.42(b)(3).
      (c) The provisions of $ 419.14(c) apply
    to discharges of process wastewater
    pollutants attributable to ballast water
    by a point source subject to the
    provisions of this subpart.
      (d) The quantity and quality of
    pollutants or pollutant properties
    controlled by this paragraph,
    attributable to once-through cooling
    water, are excluded from the discharge
    alllowed by paragraph (b) of this
    section.
      (e) 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
                                                          238
    

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    28528	Federal  Register / Vol.  50.  No.  134 / Friday. July  12.  1985 /  Rules  and Regulations
    discharged after the application of the
    best conventional pollutant control
    technology by a point source subject to
    this subpart.
      (1) If wastewater consists solely of
    contaminated runoff and is not
    commingled or treated with process
    •.vas'.ewater. it may be discharged if it
    does not exceed 15 mg/1 oil and grease
    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 15 mg/l oil and grease is not
    cor?..T.:r.g!=d 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:
    Polluttnt Of pOHuf &nt property
    BCT affluent Ijnitations for
    conuvmralad runoff
    Maximum
    lor any 1
    nay
    Average of
    dnry values
    10130
    consecutive
    daysman
    not e«ceod
                          Metre unrtm (tatograms per
                           1.000 m' ol leedstodi)
    Pottutont or polutcnt property
    BCT effluent UnvtAfions fof
    conlBHMiaied runoff
    Maximum
    lor any I
    day
    Average of
    datfy vaiues
    tor 30
    consecutive
    days mall
    not exceed
                           EngSsft units (pourdt per
                            1.000 gallons ol How)
    
    TS3 . ..
    OaandgreaK
    pH -- 	
    
    
    i __ _____ _«
    
    040
    0-28
    013
    (')
    022
    018
    0067
    (')
      > Wittn the range 0< 6 0 10 9 0
    
    §419.46 and 419.56  (Amended]
      20. In | § 419.46(c) and 419.56(c),
    "419.15(c)". is revised to read
    BOO 	 _ ..
    TSS 	 	 .-.
    CM and grease 	 	 .. .
    pH 	
    46
    33
    15
    <•)
    26.
    21
    a.
    «')
      21. 40 CFR Part 419 is amended by
    adding the following Appendix A:
    
    Appendix A.— Processes Included in the
    Determination of BAT Effluent Limitations
    for Total Chromium, Hexavalent Chromium,
    and Phenolic Compounds (4AAP)
    
    Crude Processes
    1. Atmospheric Crude Distillation
    2. Crude Desalting
    3. Vacuum Crude Distillation
    
    Cracking and Coking Processes
    4. Visbreaking       .^
    5. Thermal Cracking^
    6. Fluid Cata^icCrackmg
    7. Moving Bed Catalytic Cracking
    10. Hydrocracking
    15 Delayed Coking
    16 Fluid Coking
    54. Hydrotrealmg
    
    Asphalt Processes
    18. Asphalt Production
    32. 200'F Softening Point Unftuxed Asphalt
    43 Asphalt Oxidizing
    89. Asphall Emulsifying
    
    Lube Processes
    21 Hydrofining. Hydrofimshing. Lube
      Hydrofining
    22. White Oil Manufacture
    23. Propane Dewaxing, Propane Deasphdltmg,
      Propane Fractionmg. Propane Deresining
    24 Duo Sol. Solvent Treating Solvent
      Extraction, Duotreating. Solvent Dewaxing.
      Solvent Deasphalting
    25. Lube Vac Twr. Oil Fractionation. Batch
      Still (Naphtha Slripi. Bright Stock Treating
    26. Centrifuge and Chilling
    27. MEK Dewaxing. Kelor.e Dewaxing. MEK-
      Toluene Dewaxing
    28. Denilmg (wax)
    29 Naphthenic Lubes Production
    30. SO: Extraction
    34. Wax Pressing
    35. Wax Plant (with Neutral Separation)
    36. Furfural Extraction
    37. Clay Contacting—Percolation
    38. Wax Sweating
    39. Acid Treating
    40. Phenol Extraction
    
    Reforming and Alky lotion Processes
    8 HjSO< Alkylation
    12. Catalytic Reforming
    
    [FR Doc. 85-16383 Filed 7-11-85. 8 45 am|
    BgLLJNQ CODE 6560-50-M
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