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52398 Federal Register / Vol 48, No. 223 / Thursday, November 17, 1983 / Rules and Regulations
BMP—Best management practices under
Section 304(e) of the Act
BPT—The best practicable control
technology currently available under
Section 304(b)(1) of the Act
Clean Water Act—The Federal Water
Pollution Control Act Amendments of
1972 (33 U.S.C. 1251 etseq.}, as amended
by the Clean Water Act of 1977 (Pub. L
95-217)
Direct discharger—A plant that discharges
pollutants into waters of the United
States
Indirect discharger—A plant that introduces
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
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 1970, as
amended
TTO—Total Toxic Organics
Appendix B—Toxic Pollutants Not Detected
(a) Subpart D—Canmaking Subcategory
001 Acenaphthene
002 Acrolein
003 Acrylonitrile
005 Benzidine
008 1,2,4-trichlorobenzene
009 Hexachlorobenzene
010 1,2-dichloroethane
012 Hexachloroethane
014 1,1.2-trichloroethane
016 Chloroethane
017 [Deleted]
019 2-chloroethyl vinyl ether (mixed)
020 2-chloronaphthalene
021 2,4.6-trichlorophenol
022 Parachlorometa cresol
024 2-chlorophenoI
025 1,2-dichlorobenzene
026 1,3-dichlorobenzene
027 1,4-dichlorobenzene
028 3,3-dichlorobenzidine
031 2,4-dichlorophenol
032 1.2-dichIoropropane
033 1.2-dichloropropylene (1,3-
dichlorpropene)
034 2.4-dimethylphenol
035 2,4-dinitrotoluene
036 2,6-dinitrotoluene
039 Fluoranthene
040 4-chlorophenyl phenyl ether
041 4-bromophenyl phenyl ether
042 Bis(2-chloroisopropyl) ether
043 Bis(2-chloroethoxy) methane
045 Methyl chloride (dichloromethane)
046 Methyl bromide (bromomethane)
049 [Deleted]
050 [Deleted]
052 Hexachlorobutadiene
053 Hexachloromyclopentadiene
054 Isophorone
056 Nitrobenzene
057 2-nitrophenol
058 4-nitrophenol
059 2.4-dinitrophenol
060 4,6-dmitro-o-cresol
061 N-nitrosodimethylamine
063 N-nitrosodi-n-propylamine
069 Di-N-octyl phthalate
073 Benzo(a)pyrene (3,4-benzopyrene)
074 3,4-Benzofluoranthene
(benzo(b)fluoranthene)
075 11.12-benzofluoranthene
(benzo(b)fluoranthene)
077 Acenaphthylene
079 1,12-benzoperylene (benzo(ghi)
perylene)
082 1.2.5,6-dibenzanthracene dibenzo(a.h)
anthracene
083 Ideno(1.2,3-cd) pyrene (2,3-o-pheynylene
pyrene)
084 Pyrene
088 Vinyl chloride (chlorethylene)
089 Aldrin
090 Dieldrin
094 4,4-DDD (p,p-TDE)
095 Alpha-endosulfan
096 Beta-endosulfan
099 Endrin aldehyde
105 Delta-BHC (PCB=pclychlorinated
biphenyls)
106 PCB-1242 (Arochlor 1242)
108 PCB-1221 (Arochlor 1221)
109 PCB-1232 (Arochlor 1232)
111 PCB-1260 (Arochlor 1260)
112 PCB-1016 (Arochlor 1016)
113 Toxaphene
114 Antimony
116 Asbestos
117 Beryllium
125 Selenium
126 Silver
127 Thallium
129 2,3,7,8-tetrachloro-dibenzo-p-dioxin
(TCDD)
Appendix C—Toxic Pollutants Detected
Below the Nominal Quantification Limit
(a) Subpart D—Canmaking Subcategory
004
Benzene
006
Carbon tetrachloride
(tetrachloromethane)
007
Chlorobenzene
030
1,2-trans-dichloroethyIene
037
1,2-dipheny (hydrazine
038
Ethylbenzene
047
Bromoform
048
Dichlorobromome thane
051
Chlorodibromomethane
055
Naphthalene
062
N-nitrosodiphenylamine
065
Phenol
070
Diethyl phthalate
071
Dimethyl phthalate
072
1.2-benzanthracene
(benzo(a)anthracene)
076
Chrysene
078
Anthracene
080
Fluorene
087
Trichloroethylene
091
Chlordane (technical mixture and
metabolites)
092
4.4-DDT
093
4,4-DDE (p,p-DDX)
097
Endosulfan sulfate
098
Endrin
100
Heptachlor
101
Heptachlor epoxide (BHC-
hexachlorocydohexane)
102 Alpha-BHC
103 Beta-BHC
104 Gamma-BHC (lindane)
107 PCB-1254 (Arochlor 1254)
110 PCB-1248 (Arochlor 1248)
Appendix ~—Toxic Pollutants Not Treatable
Using Technologies Considered Applicable to
the Subcategory
(a) Subpart D—Canmgking Subcategory
115 Arsenic
118 Cadmium
121 Cyanide
123 Mercury
Appendix E—Toxic Pollutants Controlled at
BPT, BAT and NSPS but Not Specifically
Regulated
(a] Subpart D—Canmaking Subcategory
Oil
1,1,1-trichloroethane
013
1,1,-Dichloroe thane
015
l,lZ2,-Tetra chloroethane
018
Bis (2-chloroethyl] ether
023
Chloroform
029
1,1-dichloroethylene
044
Methylene chloride (dichloromethane)
064
Pentachlorophenol
066
Bis(2-ethylhexyl)phthalate
067
Butyl benzylphthalate
068
Di-N-butyl phthalate
081
Phenanthrene
085
Tetrachloroethylene
088
Toluene
120
Copper
122
Lead
124
Nickel
Appendix F—Ult of Toxic Organics
Comprising Total Toxic Organics (or TTO),
Controlled at PSES and PSNS
(a) Subpart D-Canmaking Subcategory
Oil 1,1,1-trichloroethane
013 1,1-Dichloroethane
015 1,1,2,2-Tetrachloroethane
018 Bis (2-chloroethyl) ether
023 Chloroform
029 1,1-dichloroethyIene
044 Methylene chloride (dichloromethane)
064 Pentachloropheno)
066 Bis (2-etbylhexyl) phthalate
067 Butyl benzylphthalate
068 Di-N-butyl phthalate
081 Phenanthrene
085 Tetrachloroethylene
086 Toluene
Appendix G—Segments Not Regulated
(a) The manufacture of seamed cans
(clinched, soldered or welded)
(b) The manufacture of seamless cans from
coated stock
(c) The manufacture of can ends and ran tops
1. The authority citation for these
amendments is:
(Sees. 301. 304 (b). (c), (e). and (g), 306 (b) and
(c), 307 (b) and (c), 308 and 501 of the Clean
Water Act (the Federal Water Pollution
Control Act Amendments of 1972, as
amended by the Clean Water Act of 1977)
(the "Act"); 33 U.S.C. 1311,1314 (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)
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Federal Register / Vol 48, No. 223 / Thursday, November 17, 1983 / Rules and Regulations 52399
2. Section 465.01 is revised to read as
follows:
§465.01 Applicability.
' This part applies to any coil coating
facility or to any canmaking facility that
discharges pollutants to waters of the
United States or that introduces
pollutants to a publicly owned treatment
works.
3. Section 465.02 is amended by
adding new paragraphs (h), (i) and (j) to
read as follows:
( 465.02 General definitions.
*****
(h) the term "can" means a container
formed from sheet metal and consisting
of a body and two ends or a body and a
top.
(i) The term "canmaking" means the
manufacturing process or processes
used to manufacture a can from a basic
metal.
(j) The term 'Total Toxic Organics
(TTO)" shall mean the sum of the mass
of each of the following toxic organic
compounds which are found at a
concentration greater than 0.010 mg/l.
1.1,1-trichloroethane
1.1-dichloroelhane
1,1,2.2-tetrachloroethane -
Bis (2-chloroethyl) ether
Chloroform
1,1-dichloroethylene
Methylene chloride (dichloromethane)
Pentachlorophenol
Bis (2-ethylhexyl) phthalate
' Butyl benzyl-phthalate
Di-N-butyl phthalate
Pbenanthrene
Tetrachioroethylene
Toluene
4. Section 465.03 is amended by
adding new paragraphs (c) and (d) to
read as follows:
S 465.03 Monitoring and reporting
requirement*.
*****
(c) The following determination
method shall be used for the
determination of the concentration of oil
and grease in wastewater samples from
all subcategories of coil coating (Based
on Standard Methods, 15th Edition,
Methods 503A and 503E). In this method,
a partition gravimetric procedure is used
to determine hydrocarbon (petroleum
based) oil and grease (O&G-E).
(1) Apparatus, (i) Separatory funnel, 1
liter, with TFE 1 stopcock.
(ii) Glass stoppered flask, 125 ml.
(iii) Distilling fiask, 125 ml.
(iv) Water bath.
(v) Filter paper, 11 cm diameter.'
(vi) Class funnel.
(vii) Magnetic Btirrer and Teflon
coated stir bar.
(2) Reagents, (i) Hydrochloric acid,
HC1.1+1.
(ii) Trichlorotrifluoroethane.' (1,1,2-
trichloro-l,2,2-trifluoroethane), boiling
point 47°C. The solvent should leave no
measurable residue on evaporation;
distill if necessary. Do not use any
plastic tubing to transfer solvent
between containers.
(iii) Sodium sulfate, NaiSO<,
anhydrous crystal.
(iv) Silica gel. 60 to 200 mesh.4 Dry at
110'C for 24 hours and store in a tightly
sealed container.
(3) Procedure. To determine
hydrocarbon oil and grease, collect
about 1 liter of sample and mark sample
level in bottle for later determination of
sample volume. Acidify to pH 2 or
lower, generally, 5 ml HC1 is sufficient.
Transfer to a separatory funnel.
Carefully rinse sample bottle with 30 ml
trichlorotrifluoroethane and add solvent
washings to separatory funnel.
Preferably shake vigorously for 2
minutes. However, if it is suspected that
a stable emulsion will form, shake
gently for 5 to 10 minutes. Let layers
separate. Drain solvent layer through a
funnel containing solvent-moistened
filter paper into a tared clean flask. If a
clear solvent layer cannot be obtained,
add lg NajSO. to the filter paper cone
and slowly drain emulsified solvent onto
the crystals. Add more Na2SO, if
necessary. Extract twice more with 30
ml solvent each but first rinse sample
container with each solvent portion.
Combine extracts in tared flask and
wash filter with an additional 10 to 20
ml. solvent. Add 3.0 g silica gel. Stopper
flask and stir on a magnetic stirrer for 5
minutes. Filter solution through filter
paper and wash silica gel and filter
paper with 10 ml solvent and combine
with filtrate in tared distilling flask.
Distill solvent from distilling flask in a
water bath at 70°C. Place flask on a
water bath at 70°C for 15 minutes and
draw air through it with an applied
vacuum for the final 1 minute. Cool in a
desiccator for 30 minutes and weigh
(4) Calculations.—Calculation of
O&G-E-. If the organic solvent is free of
residue the gain in weight of the tared
distilling flask is due to hydrocarbon oil
and grease. Total gain in weight, E. is
the amount of hydrocarbon oil and
grease in the sample (mg):
mg (hydrocarbon oil and grease)/! =
E x 1000
ml sample
(5) Use of O&G-E: The value, O&G-E
shall be used as the measure of
compliance with the oil and grease
limitations and standards set forth in
this regulation except where total O&G
is specifically required.
1 Teflon* or equivalent.
'Whatman No. 40 or equivalent.
•Freon or equivalent.
* Davidson Grade 950 or equivalent.
(d) The owner or operator of any
canmaking facility subject to the
provisions of this regulation shall advise
the permit issuing authority or POTW
authority and the EPA Office of Water
Regulations and Standards, Washington,
D.C. 20460 whenever it has been decided
that the plant will manufacture cans
from an aluminum alloy containing less
than 1.0 percent manganese. Such
notification shall be made in writing, not
less than 30 days in advance of the
scheduled production and shall provide
the chemical analysis of the alloy and
the expected period of use.
5. Section 465.04 is revised to read as
follows:
{ 465.04 Compliance date for PSES.
(a) For Subparts A, B, and C the
compliance date for Pretreatment
Standards for Existing Source (PSES) is s
December 1,1985.
(b) For Subpart D, the compliance
date for Pretreatment Standards for
Existing Sources will be as soon as
possible, but in no case later than
November 17,1986.
6.40 CFR Part 465 is amended by
adding a new Subpart D to reasd as
follows:
Subpart D—Canmaking Subcategory
Sec.
465.40 Applicability: description of the
canmaking subcategory.
465.41 Effluent limitations representing the
degree of effluent reduction attainable by
the application of the best practicable
control technology currently available.
465.42 Effluent limitations representing the
degree of effluent reduction attainable by
the application of the best available
technology economically achievable
465.43 New source performance standards.
465.44 Pretreatment standards for existing
sources.
465.45 Pretreatment standards for new
sources.
465.46 Effluent limitations representing the
degree of effluent reduction attainable by
the application of the best conventional
pollutant control technology. (Reserved]
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52400 Federal Register / Vol 48, No. 223 / Thursday, November 17, 1983 / Rules and Regulations
Subpart D—Canmaking Subcategory
§ 465.40 Applicability; description ot the
canmaking subcategory.
This subpart applies to discharges to
waters of the United States, and
introductions of pollutants into publicly
owned treatment works from the
manufacturing of seamless can bodies,
which are washed.
§ 465.41 Effluent limitations representing
the degree of effluent reduction attainable
by the application of the best practicable
control technology currently available.
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
of the best practicable control
technology currently available:
Subpart D.—BPT Effluent Limitations
Portutant or
poHutant
property
Manmum for any 1
day
Maximum lor
monthly werage
g (toe)/1,000,000 cans manufactured
£
Al
F
P . .
0 4 G
TSS
PH .
EM.00 (0.209)
313.90 (0 692)
1382 45 (3.048)
12790 00 (28 197)
3590 50 (7 916)
4300 00 (9 480)
8615 00 (19 434)
n
38 70 (0.086)
131 15 (0.209)
66800 (1.517)
5676 00 (12.513)
1468.45 (3 237)
2580 00 (5 688)
4192 50 (9 243)
(')
'Witfrn the range of 7.0 to 10 at afl
§ 465.42 Effluent limitations representing
the degree of effluent reduction attainable
by the application of the best available
technology economically achievable.
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
redaction attainable by the application
of the best available technology
economically achievable:
Subpart D.—BAT Effluent Limitations
PoUutant or
poMutant
property
Moornum tor any 1
Maxnum tor
monthly average
g (ba)/i,000,000 <
ana manutactmd
Cr
Zn
AL
pI ZZTZZ
36.92 (0061)
122 49 (0-270)
539.48 (1.189)
4692.06 (11.001)
1401 13 13.008)
IS to (&033)
51 10 (0.119)
268.48 (0 592)
2214 96 (4»863)
573.64 (1-260)
§ 465.43 New source performance
standards.
The following standards of
performance establish the quantity of
pollutants or pollutant properties,
controlled by this section, which may be
discharged by a new source subject to
the provisions of this subpart:
Subpart D.—NSPS Effluent Limitations
g (00/1.000.000
Cr
27.98 (0.062)
11 45 (0 025)
Zn
92 86 (0 205)
38.90 (0 066)
Al
406 95 (0 902)
203 52 (0 449)
F
3784.20 (6 343)
1679 04 (3 702)
P
1062 12 (2.342)
434.39 (0.956)
o a g
1272.00 (2 804)
763JO (1 683)
TSS
2607 60 (5 749)
1240.20 (2 734)
pH.~
n
(')
lW*wi the mnge d 7.0 to 10 at ai time*.
S 465.44 Pretreatment standards tor
existing source*.
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 exisitng
sources.
Subpart D.—PSES Effluent Limitations
Potfcrtant or pofedant
Maximum tor any
Maunwn for
property
1 day
monthly average
g 99)/1.000,000
ana manulactmd
Cr-.-
36 92 (0 061)
15.10 (0 033)
Cu
156 41 (0.361)
83.90 (0.185)
Zn
122 49 (0 270)
51 18 (0113)
F
4992 05 (11 001)
2214 96 (4 683)
P
1401 13 (3060)
57304 (1263)
Mn -
57.05 (0 126)
24 33 (0.053)
TTO
2&65 (0.059)
12.59 (0026)
04G (tor alternate
monrtormg)
1678 00 (3.699)
1006 60 (2.220)
$ 485.45 Pietieatment standards for new
sources.
Except as provided in $ 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.
Subpart D—PSNS
Pottutant or pollutant
property
Majomum tor any
1 day
ttcnmum for
monthly average
g (lbs)/1,000,000 cans manufactured
Cr
27 98 (0.0617)
12034 (0.267)
92 86 (0.206)
3784 20 (8 345)
1062 12 (2.342)
43.25 (0 095)
20 35 (0.045)
1272.00 (2 804)
11 45 (0025)
63 60 (0.140)
38.60 (0066)
1679 04 (3 702)
434 39 (0956)
18 44 (0 041)
9 54 (0 0210)
763-20 (1 663)
Zn
P
Mn
TTO -
04G (for alternate
monrtonnQ)
{465.46 [Reserved]
[FR Doc S3-30U0 Filed 11-19-83. »«5 am]
KLUNQ coot um-m-m
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4% \
| UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
V WASHINGTON. D C 20460
<< onO^°
M 9685
OFFICE OF
GENERAL COUNSEL
MEMORANDUM
TO
FROM:
SUBJECT:
Addressees
Colburn T. Cherne]
Associate General ^unsel
Water Division (LE-132W)
Fourth Circuit Decision Upholding Pretreatment
Standards Applicable to the Canmal^ng Industry
On May 1, 1985, the Fourth Circuit unanimously upheld the
pretreatment standards applicable to the canmaking industry
that the Agency promulgated under the authority of Sec. 307
of the Clean Water Act in November 1983. Reynolds Metals
Company, et al. v. Environmental Protection Agency.
No s. 84-1 183(L) and 84-1 184. Industry petitioners had chal-
lenged these regulations on a number of technical grounds.
The opinion, written by Judge Sprouse, enunciated, and then
applied, an extremely deferential standard of review.
This is one of the first opinions rendered with respect
to BAT-level effluent limitations guidelines and standards;
it sets a very favorable precedent for future cases involving
effluent guidelines and other cases involving technical/
scientific issues. A brief summary of the case follows, and a
copy of the decision is attached. I you have any questions,
please call Ellen Siegler; she can be reached at 382-7700.
Industry challenged the pretreatment standards for total
toxic organic pollutants ("TTO'M and for rhrnTriyTTT. z inc . and ~~
copper. Their arguments addressed:the Agency's selection
and manipulation of treatment effectiveness data; whether these
pollutants "pass through" treatment systems of publicly owned
treatment works ("POTW's"); and whether the Agency properly
considered costs before promulgating the regulations. With
respect to the last issue, petitioners had claimed that EPA
had overstated the expected removals of hexavalent chromium
that the regulation would achieve and, accordingly, had greatly
overstated the cost effectiveness of the regulation.
-------
- 2 -
In addressing the TTO issue, the Court upheld the Agency's
use of data transferred from the aluminum forming effluent
limitations guidelines and standards, using the tests the Eighth
Circuit applied in CPC International, Inc. , v. Train, 515 F. 2d
1032, 1048 (8th Cir^ 1975). 1_/ The Court also found a rational
basis for the Agency's conclusion that the model technology
would achieve the same percentage removal (97%) of TTO from
canmaking influents as it would with respect to the TTO in
aluminum forming influents. The Agency's conclusion had been
based largely on an analysis of octanol/water partition
coefficients which indicated that the TTO in canmaking influents
would adhere to oil and be removed by oil removal technologies.
The Court found that the Agency "thoroughly considered removal
efficiency in the canmaking context, and we find no abuse of
discretion." Slip op. at 29.
The Court tested the validity of the regulations in accord-
ance with an almost strictly procedural standard. Since the
Agency had complied with procedural requirements and had offered
a plausible rationale, the Court refused to second-guess the
Agency's technical bases. In regard to TTO, the Court stated:
As a reviewing court, we have delved deeply
enough into this essentially scientific dis-
agreement to understand it for our purposes-
judicial review of the administrative agency's
actions under the standards of review we have
previously discussed. Slip op. at 26.
Then the Court dismissed petitioner's objections to EPA's selec-
tion and use of data:
The Agency explained its methods during rule-
making and insisted there and here on appeal
that their methods were scientifically correct.
We do not judge that; we view their actions
under a judicial glass and readily discern
that they have acted reasonably, given the
1_/ The Agency must: "(1) show that the transfer of technology
is available outside the industry; (2) determine that the
technology is transferable to the industry; (3) make a reason-
able prediction that the technology if used in the industry
will be capable of removing the increment required by the
effluent standards." Slip op. at 32.
-------
- 3 -
industry's representatives more than adequate
opportunity to comment, considered the comments,
and explained their rejection. This is indeed
reasoned administrative decisionmaking, and we
have no occasion to interfere in that process.
Slip op. at 26-27. 2/
Petitioners had attacked the Agency's consideration of
co8ts principally by claiming that EPA has vastly overestimated
the cost effectivenes sof the regulation. 3/ EPA had argued
that the Agency had not overestimated cost effectiveness, but,
in any case, had satisfied the Agency's statutory obligation
to "consider costs." The Court did not render a definitive
holding with respect to the role of cost effectiveness in
setting BATlevel pretreatment standards. The Court concluded
that the Agency's entire consideration of costs, which included
the cost-effectiveness analysis, was sufficient to meet the
relatively low threshold that applies to cost issues under the
Clean Water Act. This was true even though the Court had serious
doubts about the Agency's estimates of the amount of hexavalent
chromium the regulation would remove, an estimate that was of
pivotal importance in the cost effectiveness analysis. The court
concluded:
Although we do not condone the Agency's treatment
of the issue concerning the hexavalent/trivalent
chromium mix, the record indicates that it care-
fully considered all other cost factors and, in
this one particular, made an estimate of the
differing quantities of hexavalent and trivalent
chromium which has support in the administrative
record. Importantly, it also concluded that even
if its estimates were completely erroneous, it
would not have affected the regulation. In sum,
we believe that the record demonstrates that the
Agency made a reasonable effort in analyzing costs
and on that basis the regulation must be upheld.
See FMC Corp. v. Train, 539 F. 2d 973, 979 (4th Cir.
1976). Slip op. at 45.
2/ The Court also agreed with other courts that issues not
raised in comments during the rulemaking will be accorded
little weight on review if the Agency's procedures have been
adequate. Slip op. at 35.
3/ The Agency computed cost effectiveness in terms of dollars
of compliance costs per "pound equivalent" of toxic pollu-
tants removed. ("Pound equivalents" are weighted pounds, based
upon relative toxicity of the pollutants removed.)
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- 4 -
It would appear from this language that the court is
comfortable with our preparing cost-effectiveness analyses
and that, where such an analysis is part of our rulemaking
record, it wi-11 be subject to judicial review and must meet
at least some threshold of rationality.
Attachment
Addressees: A. James Barnes
Henry L. Longest, II
Milton Russell
Josephine Cooper
cc: Rebecca Hanmer
Edwin Johnson
Martha Prothro
Jeffrey Denit
Scott Bush
Glen Unterberger
Robert Wolcott
Mahesh Podar
Regional Counsels
Water Division Directors
-------
>SS& UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 84-1183 (L)
Reynolds Metals Company
and .t
United States Brewers Association,
versus
Petitioners,
United States Environmental
Protection Agency,
No. 84-1184
Respondent.
Miller Brewing Company,
versus
Petitioner,
United States Environmental
Protection Agency,
Respondent.
On Petition for Review of the Regulations of"the Environmental
Protection Agency.
Argued: October 3, 1984 Decided: May 1, 1985
Before SPROUSE and CHAPMAN, Circuit Judges, and HARGROVE, United
States District Judge for the District of Maryland, sitting
by designation.
-------
R. Stuart Bloom (Riddell, Fox, Holroyd & Jackson, P. C.;
Kenneth A. JBarry; Norton F. Tennille, Jr., Lester Sotsky, Arnold
& Porter on brief) for Petitioners; Ellen Siegler, Environmental
Protection Agency; John L. Wittenborn, Dept. of Justice (A.
James Barnes, General Counsel, Environmental Protection Agency,
Colburn T. Cherney, Associate General Counsel, Susan Lepow,
'Assistant General Counsel; F. Henry Habicht, II, Assistant
Attorney General; Margaret N. Strand, Dept. of Justice on brief)
for Respondent.
2
-------
SPROUSE, Circuit Judge:
In these consolidated cases, petitioners Reynolds
Metals Company, Miller Brewing Company, and United States Brewer's
Association, ask us to set aside as invalid effluent limitations
promulgated for the canmaking industry*" by the Environmental
* *
Protection Agency (Agency) under the Clean Water Act2 (Act).
The canmaking industry discharges in its effluent^ conventional,
toxic and nonconventional pollutants. Standards for canmaking
were promulgated to control all three types of pollutants,
conventional, toxic and nonconventional, but it is that portion
of the standards relating to the removal of the total toxic
organics (TTO) and toxic metals that generate petitioners'
^ The challenged regulation appears at 40 C.F.R.
§ 465.40 — .46 (1984) .
2 The Clean Water Act of 1977, 33 U.S.C. § 1251-1376
(1982) .
^ The influent, or cleansing water, is introduced
into canmaking apparatus during the canmaking process. The
effluent, or wastewater, is drained from the washing area with
a network of in-plant pipes for treatment and discharge.
The pollutants sought to be removed from the nation's
waterways are divided into three types: (1) "conven-tional
pollutants," which include oil and grease, pollutants classified
as biological oxygen demanding, total suspended solids, fecal
coliform, and pH, 40 C.F.R. § 401.16 (1984); (2) "toxic pollutants"
which are subject to regulations if they are contained in the
list of 65 "priority" toxic pollutants listed in the consent
decree entered in Natural Resources Defense Council v. Costle.
8 E.R.C. 2120, 2129-2130 (D.D.C. 1976), (codified at 40 C.F.R.
§ 401.15 (1984)); and (3) "non-conventional pollutants," com-
prising those pollutants which are neither conventional nor
toxic.
2a
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objections. As in other "clean water" regulations, the Agency
devised limitations for pollution from canmaking by first deter-
mining the best ways to remove pollutants (the model technology),
then testing wastewaters to determine the effectiveness of
the technology, and prohibiting pollutant discharges in excess
of limits determined to be achievable by reference to the model
technology.
Petitioners contend that the standards for effluent
control are invalid in that the Agency erroneously concluded
that because the removal of oil and grease had effectively
removed total toxic organics in the aluminum forming and coil
coating industries, it would achieve similar results in the
canmaking industry. They also contend that the Agency arbitrarily
refused to subcategorize the canmaking industry, erred in its
pass-through analyses, overstated the presence of chromium,
zinc, and copper, and failed to observe its statutory duty
to "weigh" costs relating to one standard and to "consider"
costs for another. We disagree with all of these contentions
and affirm.
Canmaki nq
Canmaking encompasses all of the manufacturing pro-
cesses employed in the production of various shaped metal con-
tainers used to package and store foods, beverages, and other
products. The two major types are two-piece (seamless) and
3
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three-piece (seamed) cans. A vegetable or soup can is an example
of a three-piece can and an aluminum soda can is an example
of a two-piece can. It is only the seamless, or two-piece,
cans that are subject to the regulation which is involved in
this appeal. The EPA excluded from regulation manufacturers
of three-piece cans, can ends, can tops and seamless cans which
are not washed because these processes do not generate waste-
water-.
In the manufacturing of a two-piece can a coiled
metal sheet is coated with an oil lubricant and straightened.
A machine called a cupper then cuts a circular blank from the
metal sheet and forms the blank into a cup that is drawn into
the required height and diameter by a process known as ironing.
This ironing process is performed by a machine called a body
maker. The can bodies are then cleaned, the metal is treated,
and coatings and decorations are applied. Finally, the open
end of the can body is flanged to receive the can top.
The forming process employs oil lubricants at virtually
all stages. In order to remove the lubricants from the can
bodies, the process utilizes a can washer, which usually consists
of six spray processing stations. After leaving the body maker,
the cans are conveyed through the canwasher on a continuous
metal belt. The six canwashing stages include (1) prewash,
to remove layer of lubricant remaining on the can from the
body maker; (2) acid wash, to further clean and etch the surface
4
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of the can; (3) rinse, to further remove contaminants; (4)
surface treatment, to prepare the can for decorating by the
application of either chromium- or zirconium phosphate-based
coatings; (5) rinse, to remove contaminants remaining from
surface treatment; and (6) DI rinse, using de-ionized water
to rinse off the last remnants of the processing solutions.
Nationally, eighty-six plants generate wastewater
from the manufacture of two-piece cans. Of these, eighty are
indirect dischargers and three are direct dischargers.^
The remaining three dispose of wastewater by land application.
Pollutants found in two-piece canmaking wastewaters^ include
(1) conventional pollutants, (2) toxic organics, (3) toxic
metals, and (4) nonconventional pollutants.
The Clean Water Act of 1977
The Clean Water Act directs the EPA to issue nationally-
applicable effluent limitations guidelines and standards for
classes or categories of point sources.® E.I. duPont deNemours
& Co. v. Train, 430 U.S. 112 (1977). The standards normally
A "direct discharger" is one who directly introduces
wastewater into waterways with no intervening process. An
"indirect discharger," on the other hand, expels wastewater
into a facility that treats the wastewater prior to its introduc-
tion into public waterways.
^ Hereafter when the term "canmaking" is used it
refers only to the manufacture of two-piece cans.
6 The term "point source" is defined as "any discernible,
confined and discrete conveyance,... from which pollutants
are or may be discharged." 33 U.S.C. § 1362(14) (1982).
5
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are to apply uniformly."^ After standards and guidelines
are established by regulations, facilities may achieve the
specified effluent discharge allowance through the use of the
technology described in the regulation or in any other manner.
The Agency's actions in regulating industrial water pollution
have been so frequently the subject of appellate review that
*
detailed references to the statutory scheme mandating regulations
seems redundant. An overview, however, is necessary to frame
the issues presented by petitioners' objections to the removal
technology recommended by the Agency for canmaking as well
as the issues relating to the treatability of toxic metals
and the final issue of whether the Agency properly considered
costs of the removal technology.
In passing the Act, which amended the Federal Water
Pollution Control Act of 1972, Congress set as a national goal
the elimination, by 1985, of the discharge of pollutants into
navigable waters. 33 U.S.C. § 1251(a) (1) (1982). To reach
that goal, the Act directed the Administrator of the Agency
to promulgate regulations setting limits on the pollutants
that can be discharged by "point sources." 33 U.S.C. § 1362(14)
(1982).
First, the Act required the Administrator to establish
effluent limitations for point sources which discharge pollutants
directly into navigable waters i.e. "direct dischargers". The
^ Variances may be permitted in certain instances.
See 33 U.S.C. 5S 13U(g)-(n) (1982 & Supp. II).
6
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Administrator had to define effluent limitations for categories
or classes of point sources that would require existing direct
dischargers to employ by 1977 the "best practicable control
technology currently available (BPT) , 33 U.S.C. §§ 1311(b)(1)(A),
1314(b) (1) (A), and to comply by 1984 with limitations based
on the "best available technology economically achievable"
(BAT)., 33 U.S.C. §§ 1311(b)(2)(A), 1314(b)(2)(B).8 For newly-
constructed dischargers, the Administrator had to establish
new source performance standards (NSPS) requiring the application
of the "best available demonstrated control technology" to
remove all types of pollutants. 33 U.S.C. § 1316. The Adminis-
trator's BPT, BAT, and NSPS limitations were to be based upon
a consideration of the factors specified in sections 304(b)
and 306(b) of the Act. 33 U.S.C. §§ 1314(b)(1)(B), 1316(b)(1)(B).
Second, the EPA is required to establish effluent
limitations for point sources that expel wastewater into publicly
owned treatment works (POTWs) , which treat the wastewater prior
to its introduction into public waterways, by requiring such
g
The Act also requires that direct dischargers achieve
by July 1, 1984 effluent limitations for conventional pollutants
based on "best conventional pollutant control technology" (BCT).
33 U.S.C. S§ 1311(b)(2)(E), 1314(b)(4)(B). At the time of
this appeal, BCT limitations have not yet been promulgated
and the preamble to the regulation at issue states that until
such limitations are imposed, the discharge of conventional
pollutants is to be assessed according to BPT. 48 Fed. Reg.
52379, at 52381 (Nov. 11, 1983) . For nonconventional pollutants,
direct dischargers must meet requirements based on BAT within
three years after the promulgation of applicable regulations
but in no case after July 1 , 1987. 33 U.S.C. § 1311(b) (2) (F);
see generally 40 C.F.R. 5 125.3 (1984).
7
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indirect dischargers to pretreat wastewater before allowing
it to flow into a POTW. Under unregulated conditions, indirect
dischargers ultimately would introduce fewer pollutants into
waterstreams than direct dischargers because indirect discharges
flow through sewers into POTWs where much pollution is removed
before it is, in turn, discharged into a national stream of
water. In requiring standards for indirect dischargers, however,
Congress realized that a POTW normally would not remove the
same amount of pollutants from industrial wastewater as direct
dischargers are now required to remove. Additionally, a POTW
is unable to successfully operate on some pollutants—specific
pollutants might interfere with or be incompatible with its
operation. Because of these factors, the Agency is required
to establish standards for pretreatment of wastewater before
it enters a POTW "to prevent the discharge of any pollutant
through [POTWs] which interferes with, passes through, or other-
wise is incompatible with such works." 33 U.S.C. § 1317(b)(1).
The legislative history indicates that pretreatment standards
are analogous to the standards for direct dischargers, i.e.
the combined treatment of wastewater by an indirect discharger
and the POTW should achieve the same level of pollution removal
as would be realized if the industrial source were treating
wastewater and then directly discharging it. See H.R. Conf.
Rep. No. 830, 55th Cong., 1st Sess. 87, r epr inted in 1977 U.S.
Code Cong. & Ad. News 4424, 4462. The EPA accordingly has
8
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imposed pretreatment standards both foe existing sources (Prefcre?
ment Standards for Existing Soucces or PSES) and for newly-
constructed facilities (Pretreatment Standards for New Sources
or PSNS) . 33 U.S.C. § 1317(c).
Third, though not relevant to this appeal, the Act
requires that the Administrator set effluent limitations for
*
POTWs that treat municipal sewage and industrial waste. 33
U.S.C. §S 1311(b)(1)(B), 1314(d)(1)."
In setting standards, the EPA is directed to consider
five factors: the age of equipment and facilities, the process
employed, engineering aspects of the application of various
types of control techniques, process changes, and nonwater
quality environmental impacts (including energy demands).
33 U.S.C. § 1314(b). A sixth factor involves cost, and in
this regard the Agency is required, for setting BPT limitations,
to refer to "total cost of application of technology in relation
to the effluent reduction benefits to be achieved by such applica-
tion." 33 U.S.C. § 1314(b) (1) (B) .• -For BAT, the Act mandates
consideration of "the cost of achieving such effluent reduction."
33 U.S .C. § 1314 (b) (2) (B) .
Prerequlation Agency Activity
The EPA, in 1978, began collecting information later
used to formulate effluent standards for the canmaking industry.
9
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Data was gathered from EPA studies, published literature, trade
associations, and can manufacturers. Additionally, meetings
were held between the Agency and industry representatives.
The Agency sent a data collection portfolio in 1978
to each company known or believed to be engaged in aluminum
ft
forming. The portfolios requested specific information concerning
production, wastewater management and treatment, cost information,
and other pollutant information based on 1977 data. Follow-
up portfolios directed specifically at can manufacturers were
mailed and returned in 1982 with similar information based
on 1981 production records.^"® The 1978 portfolios requested
that each company indicate which of a list of 129 TTO pollutants
were believed to be present, believed to be absent, known to
be present, or known to be absent. The 1982 portfolios added
toxic metals and cyanide to this list. Three toxic metals—chromium,
copper, and zinc—were often identified in the 1982 responses
as believed to be present or known to be present.
9
This information was originally requested in conjunc-
tion with the EPA's development of effluent limitation guidelines
in the aluminum forming category. This effort resulted in
the promulgation of limitations. See 40 C.F.R. § 467.01-.67
(1984). Twenty of the companies responding to the 1978 request
were primarily engaged in manufacturing aluminum cans.
The 1982 portfolios were sent to the twenty can
manufacturers included in the 1978 data collection as well
as steel can manufacturers and others not included in the earlier
collection effort. This combined collection resulted in a
data base consisting of information from twenty-one canmaking
companies representing about 100 manufacturing sites.
10
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The £.PA conducted engineering and sampling visits
in 1978 and 1979 based on the responses to the first data collec-
tion portfolios. Prior to sampling, all available data, including
plant and wastewater pretreatment facility layouts and diagrams,
were gathered and reviewed. From this information, a detailed
sampling plan was generated identifying the points at which samples
would be collected. Engineering visits were conducted at seven
canmaking plants and five plants were chosen for sampling—for-
manufacturing two-piece aluminum can bodies and one producing
two-piece steel cans.
In conducting the sampling, the EPA took samples
from each operation which discharged or used water, including
rinses. Both influent and final effluent were analyzed for
pollutants.. When streams were treated and discharged separately,
all of the effluents were measured. The samples were collected
and analyzed in accordance with Sampling and Analysis Procedures
for Screening of Industrial Effluents for Priority Pollutants,
U.S. EPA, March 1977, revised April 1977. With respect to
total toxic organics, this sampling revealed seven specific
compounds at concentrations greater than 0.01 mg/L.^1 Other
pollutants detected included conventional pollutants (oil and
^ These seven included:
a. 1,1,1-Trichloroethane
b. Bis (2-chloroethyl) ether
c. 1, 1-Dichloroethylene
d. Methylene chloride
e. Bis (2-ethyl hexyl) ether
f. Butyl benzyl phthalate
g. Di-n-butyl phthalate
11
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grease, suspended solids, and pH), toxic metals (chromium,
copper, nickel, and zinc), and nonconventional pollutants (aluminum,
fluoride, manganese, and phosphorus).
After the data had been analyzed, the EPA, on February 10,
1983, published a proposed regulation in the Federal Register.
48 Fed. Reg. 6267 (Feb. 10, 1983). It outlined various tech-
nologies considered in reaching proposed effluent limitations
for BAT, BPT, NSPS, PSNS , and PSES and explained its research
methods. In setting limitations, the Agency considered various
factors, including the cost of applying technology in relation
to effluent reduction benefits, the age of the involved facilities
and equipment, the processes employed, and additional environ-
mental impacts. . The Agency based its proposed limitations
on a model technology consisting of a combination of oil and
grease removal, chromium reduction and cyanide precipitation,
and precipitation and sedimentation methods in conjunction
with techniques aimed at reducing the flow of water through
the canwashers. It invited comments, however, on more exacting
technologies of possible use in meeting BAT, NSPS, PSNS and
PSES limitations. The Agency proposed to regulate TTO under
PSES and PSNS, but gave to the industry the alternative of
monitoring only for oil and grease limits. The Agency reasoned
that efficient removal of oil and grease eliminated 97% of
the TTO, so that the costly monitoring for toxic organics was
unnecessary and that compliance would be assumed upon a showing
that the oil and grease standards were satisfied.
12
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The Agency also explained that its proposed setting
of limitations for certain pollutants was based on data gathered
in regulating other categories of point sources. This included
borrowing values for aluminum from aluminum-forming and coil
coating data; for fluoride and phosphorus from values achieved
in the electric and electronic component manufacturing industries;
and for oil and grease from data derived from the coil coating,
aluminium-forming, and copper-forming industries. "The Agency
referred to these industries from which it transferred data
as the combined metals data base (CMDB). The Agency also referred
to the CMDB in determining to regulate suspended solids, chromium
and zinc
.".-The Agency, in the preamble to the proposed regulation,
referred to the CMDB in explaining aspects of its proposed
model technology. With respect to the oil removal component,
i.e. skimming, dissolved air flotation, and chemical emulsion
breaking, the Agency reasoned that because canmaking generated
amounts of oil and grease comparable -to that from coil coating
and aluminum forming, this technology could be employed in
canmaking as well. Although recognizing that canmaking waste-
streams contained different pollutants than those appearing
in coil coating and aluminum forming effluent, due to the greater
number and variety of forming lubricants and cleaning formulations
employed in canmaking, it concluded that "by controlling the
13
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most prevalent toxic metals, some conventional and nonconventional
pollutants, and total toxic organics (TTO) with oil removal
and lime and settle technology, pollutants present as a result
of these variations will also be controlled." The incorporation
into the proposed model technology of filtration and of hydroxide
precipitation and sedimentation was also based on results achieved
by similar technologies in the CMDB.
The proposed regulation solicited comments on all
aspects of the regulation, including data on steel canmakers,
the use of filtration, the effectiveness of oil skimming tech-
nologies and precipitation and sedimentation systems, the use
of the CMDB, and the reasonableness and achievability of the
Agency's cost analysis. The Agency also requested the submission
of additional data from canmaking plants employing properly-
operated model technologies.
Following the publication of the proposed rule, the
Agency provided the development document and the economic impact
analysis supporting the proposed"rule to industry, government
agencies, and the public. A public hearing was held in Washington,
D.C. on April 27, 1983 at which one person presented testimony.
Additionally, fourteen commenters submitted a total of approxi-
mately 330 individual comments on the proposed regulation.
Comments addressed (1) perceived inaccurate data,
(2) difficulty in achieving water flow reduction, (3) transfer-
ability of technology or data from CMDB, (4) perceived inaccu-
11
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racies in evaluating pollutants, (5) regulation of aluminium
for indirect dischargers, (6) alleged erroneous finding that
certain pollutants appeared at treatable levels in canmaking
water streams, (7) alleged failures to consider use of synthetic
lubricants, (8) use of mass-based standards rather than those
based on concentration, (9) alleged miscalculation of compliance
costs, (10) economic impacts, and (11) the effect of suggested
deposit legislation on future demand for two-piece cans. Many
of the comments were generated by a self-sampling program of
fourteen aluminum canmaking plants initiated by industry trade
associations, the Can Manufacturing Institute (CMI) and the
United States Brewer's Association (USBA) after promulgation
of the proposed regulation. The Agency accepted some suggestions
contained in the comments but rejected most. It responded
to all of them.
After the comments were submitted, and in response
to the CMI and USBA sampling data, the Agency conducted post-
proposal sampling for metals at seven plants and for TTO at
five plants.. The samples taken during this period were "grab"
samples, i.e. short term samples which were not conducted in
the same manner as the pre-proposal samplings. These grab
samples consisted of process wastewater before treatment (seven
plants), treated wastewater (six plants) , and untreated individual
process streams (two plants). This sampling revealed the presence
of seven additional toxic organic pollutants appearing at treat-
15
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12
able levels in canmaking wastestreams. The EPA published
a notice in.the Federal Register on September 22, 1983 describing
the post-proposal sampling and the Agency's preliminary analysis
of data submitted by the various commenters. 48 Fed. Reg.
43195 (Sept. 22, 1983). Six commenters submitted about fifty
comments on the data and issues raised in the September 22,
1983 notice. The Agency, in turn, responded to the additional
comments and made certain modifications based on industry sub-
missions .
The Final Regulation
The Agency published the final regulation for the
canmaking industry in November 1983. In promulgating the regula-
tion, the Agency identified a model technology consisting of
an "end of pipe treatment" in conjunction with flow reduction
techniques. The "end of pipe treatment" includes the removal
of oil and grease from wastewater through the use of oil skimming,
chemical emulsion breaking, dissolved air flotation, or a combina-
tion of these processes. The removal of metals, fluoride,
and phosphorus is accomplished by lime precipitation and chemical
12 . .
These additional pollutants included:
a. 1,1-Dichloroethane
b. 1,1,2,2-Tetrachloroethane
c. Chloroform
d. Pentachlorophenol
e. Phenanthrene
f. Tetrachlorethylene
g. Toluene.
16
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precipitation in which process alkaline compounds are used
to cause metals such as chromium, copper and zinc to precipitate.
Solids, as well as the metal ions precipitated as a result
of the previous process, are eliminated by sedimentation.
Additionally, pH is adjusted through the use of sodium hydroxide
or lime plus sodium hydroxide. Finally, chromium reduction
is realized by employing reducing agents which reduce hexavalent
chromium to its trivalent form. Then chemical precipitation
is employed to eliminate the resulting trivalent chromium.
Using this model technology, the Agency established standards
for the best practicable control technology currently available
(BPT), the best available technology economically achievable
(BAT), and established new source performance standards (NSPS)
as well as pretreatment standards for both existing sources
(PSES) and new sources (PSNS) .
A. BPT
In setting BPT limitations-,. the Agency employed the
model treatment, including flow reduction to reduce the flow
of water through the canwasher. Specific effluent values were
established for chromium, zinc, aluminum, phosphorus, fluoride,
oil and grease, total suspended solids, and pH.
B. BAT
In setting BAT limitations, the Agency employed the
model treatment, but included further flow reduction. Two
17
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other options proposed in the notice of proposed rulemaking
were rejected.^ Effluent limitations were selected for pollutants
including chromium, zinc, aluminum, fluoride, and phosphorus.
Canmakers were required to limit the discharge of these pollutants
to specified quantities expressed in terms of maximum monthly
and daily discharges. TTO was not^regulated under BAT because
the Agency felt that it would be removed by the oil and grease
removal systems mandated by BPT. Copper, lead, nickel, and
manganese were not regulated because the Agency believed that
these metals would be removed by the model technology when
it was operated with sufficient efficiency to remove the pollution
parameters chosen.
C. NSPS
Effluent limitations for new sources were also insti-
tuted on the basis of application of the model technology.
However, flow reduction was further increased. Effluent limita-
tions were established for oil and grease, total suspended
solids, chromium, zinc, aluminum, fluoride, phosphorus, and
pH. The oil and grease limitation was used in order to control
TTO, the Agency explained, because of these pollutants' high
13
These options involved the use of filters and/or
ultrafiltration techniques. The Agency's rejection was based
in part on its conclusion that the expenses of installing further
pollution control devices was not economically justified in
view of the small amount of additional pollutants that could
be removed.
18
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solubility in oil, i.e. removal of oil and grease would also
remove acceptable amounts of TTO present in the wastestreams.
Nickel, copper, and lead were not regulated under NSPS because
the Agency believed that these pollutants would be reduced
incidentally by the model treatment technology.
D. Pretreatment Standards
Although the regulation controls the discharge of
a number of pollutants as indicated earlier, it is the regulation
of total toxic organics and toxic metals that form the principal
issues on this appeal. TTO is specifically controlled only
by pretreatment standards—that is, under PSES and PSNS. As
has been indicated, TTO is not specifically controlled for
direct dischargers (BPT, BAT or NSPS) but only under PSES and
PSNS for indirect dischargers. Many of petitioners' objections
to this regulation then relate not to the data collected for
BPT, BAT and NSPS technologies but only to the TTO data collected
for control of indirect dischargers under PSES and PSNS.
The model technology selected by the Agency for setting
PSES standards is the same as for BAT, while that selected
for PSNS is identical to that for NSPS. The Agency also explained
that "pass-through" existed with regards to TTO. It reasoned
that while a POTW would remove 70% of these pollutants from
untreated wastewaters, treating the wastewater by oil and grease
removal, as demonstrated in the aluminum forming category,
19
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would achieve a 97% reduction. Pass-through having been estab-
lished, the Agency promulgated effluent limitation standards
for TTO. However, because the Agency recognized that monitoring
for TTO was a costly and time consuming process, oil and grease
standards were established as an alternative monitoring parameter,
i.e. a canmaking facility could meet the effluent limitation
for TTO by satisfying the standards set for the removal of
oil and grease.
Although petitioners allege error in the Agency's
regulation of toxic metals for direct dischargers (considered
infra), their disagreement with pretreatment standards or regula-
tion of indirect dischargers of toxic metals under PSES and
PSNS relate to the Agency's findings that toxic metals "pass-
through" a POTW.
With respect to chromium, zinc, copper, and manganese,
the Agency reasoned that a well-operated POTW would remove
50%-60% of these pollutants while the model technology would
remove 92%. Accordingly, "passrthrough" was demonstrated and
pretreatment standards were established for these pollutants.
No standard was established for aluminum because alum, an aluminum
sulfate, is often added to wastewater at a POTW. Manganese
and copper were chosen because these substances are employed
as alloying constituents along with aluminum in canmaking and
20
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ic was believed that removal of manganese and copper would
result in acceptable removal of aluminum. The treatment effective
ness for copper and manganese was drawn from the CMD3.
I.
Again, the errors argued by petitioners on this appeal
%
are: that the effluent limitations for total toxic organics
were so marred by erroneous data collection and selection that
we must view the Agency's actions as arbitrary and capricious
and its conclusions as resulting from unreasoned judgments;
that the Agency erred in not subcategorizing the canmaking
industry into point sources that use chromium as a can coating
and those that use other coating material; that it erroneously
applied the "pass-through" criteria in formulating that PSES
and PSNS limitations on chromium, copper and zinc in the waste-
water of indirect dischargers; and that it failed to exercise
its statutory duty to consider the costs imposed by the regula-
tion. With respect to petitioners' challenge regarding TTO
limitations, we note that no argument has been advanced that
the oil and grease limitations established by the Agency as
an alternative monitoring parameter cannot be met.
II.
The Standard of Review
The scope of our review of the Agency's action in
this case is governed by § 10(e) (2) (A) of the Administrative
21
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Procedure Act, 5 U.S.C. § 706 (2) (A). That standard provides
that we may set aside the Agency's action only if it is found
to be "arbitrary, capricious, an abuse of discretion, or other-
wise not in accordance with law." Id. Under this standard,
we presume the validity of Agency action, Ethyl Corp. v. EPA,
541 F.2d 1, 34 (D.C. Cir.) (en banc), cert, denied, 426 U.S.
941 (1976), and our function is to scrutinize the Agency's
activity to discern whether the record reveals that a rational
basis exists for the Agency's decision. Id.; Bowman Transporta-
tion Inc. v. Arkansas-Best Freight System, Inc., 419 U.S. 281,
286 (1974).
The scope of our review is further colored by the
policy of the Clean Water Act and the sophisticated data evalua-
tions mandated by that lengthy and complicated statute. The
Act expresses a congressional insistence to eliminate water _
pollution within a short time-span through the use of uniform
effluent limitations imposed on an industry-wide basis. This
need for quick action and cross-iridustry application demands
that we exercise our review of these regulations with consider-
able circumspection. Consolidation Coal Co. v. Costle, 604
F.2d 239, 243 (4th Cir. 1979); Weyerhaeuser Co. v. Costle,
590 F.2d 1011, 1025 (D.C. Cir. 1978). Further, technological
and scientific issues, such as those presented in this case,
are by their very nature difficult to resolve by traditional
principles of judicial decisionmaking. For this reason, "[w]e
must look at the decision not as the chemist, biologist or
22
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statistician that we are qualified neither by training nor
experience to be, but as a reviewing court exercising our narrowly
defined duty of holding agencies to certain minimal standards
of rationality." Ethyl Corp., 541 F.2d at 36. More specifically,
we note that an agency's data selection and choice of statistical
.methods are entitled to great deference, FMC Corp. v. Train,
539 F.2d 973, 986 (4th Cic. 1976); American Meat Institute
v_i_EPA, 526 F.2d 442, 457 (7th Cir. 1975), and its conclusions
with respect to data and analysis need only fall, within a "zone
of reasonableness." Hercules, Inc. v. EPA, 598 F.2d 91, 107
(D.C. Cir. 1978). This standard, however, does not compel
us to abdicate our judicial function, and we are mindful that
the Agency "must fully explicate its course of inquiry, its
analysis, and its reasoning." Tanner's Council of America,
Inc. v. Train, 540 F.2d 1188, 1191 (4th Cir. 1976).
With these principles in mind, we review the Agency's
action during rulemaking to determine if it abused its discretion
in promulgating the regulation.
III.
We consider first petitioners' several arguments
relating to their contention that the Agency committed reversible
error in setting pretreatment standards limiting effluence
of total toxic organics. The Agency, in setting pretreatment
standards, reasoned that oil and grease removal would result
in a 97% removal of TTO. It reached that conclusion based
23
-------
on the testing of wastewater in rulemaking for the aluminum
forming industry. Although the aluminum forming wastewater
contained a much higher concentration of TTO (25.7 mg/L) than
did canmaking wastewater, the Agency concluded that the percentage
of TTO removable by the model technology (97%) would be similar.
In establishing canmaking standards, the Agency relied on data
indicating that wastewater from canmaking facilities contained
an average of 2.727 milligrams of TTO in each liter of wastewater
(2.727 mg/L). Deducting 97% of that, the Agency arrived at
a mean expected TTO concentration of 0.08 mg/L and, factoring
in variables in the model technology, the Agency established
.32 mg/L as an allowable one-day maximum TTO concentration.14
The oil and grease removal technology recommended
for the canmaking industry, therefore, was conceived in the
regulation of another source category—the aluminum forming
industry. The Agency's regulation of the aluminum forming
industry is, of course, not a subject of this appeal, but the
Agency transferred1^ oil and grease removal technology from
14
The limitation applies to both existing indirect
dischargers and new indirect dischargers, that is PSES and
PSNS. The final regulation expresses this limitation in terms
of grams or pounds per 1,000,000 cans. The Agency explained
that it used mass-based standards because such standards properly
reflected the use of water flow reduction techniques.
15
This is the procedure in informal rulemaking where
an agency determines that a standard governing one industry
can be transferred in whole or in part to another industry.
See Tanner's Council of America, Inc. v. Train, 540 F.2d 1188,
1191-92 (4th Cir. 1976) .
24
-------
that category to the canmakiuy category. The petitioners initial
contend that the regulation was not valid even as it applied
to the aluminum forming industry due to the flawed method by
which the Agency collected data.
(a^
The petitioners' primary complaints concerning the
transfer of aluminum forming removal efficiency challenge the
way in which the Agency sampled and tested the aluminum forming
wastewater. They state that the Agency compared one day's
influent concentration to another day's effluent concentration,
t ' .
or compared one day's influent or effluent concentration to
the average concentration of several days ertiuent or influent.
The petitioners urge that this error in testing was compounded
by errors of taking wastewater samples from improper locations
in the water flow systems. The Agency tested three plants
in five days, say the petitioners, and the efficiency was unknown
for one day and varied between 97% and 99% for the other four
days. If the samples had been accurately taken, they contend
that the TTO removal efficiency would have varied between 76%
and 99%.
The Agency responds that use of even the comparisons
and sampling points suggested by the petitioners reveals a
constant removal efficiency approximating 97%. Additionally,
25
-------
the Agency points out that most of these objections were not
raised in the rulemaking procedure. The parties tabulate and
chart much of the same raw data and sometimes utilize the same
tables and charts, but arrive at their different conclusions
concerning the removal efficiency percentage. As frequently
has been written, we do not sit as a scientific body minutely
comparing competing research methods and results. See BASF
Wyandotte Corn, v. Costle. 598 F.2d 637, 649-50 (1st Cir. 1979).
As a reviewing court, we have delved deeply enough into this
essentially scientific disagreement to understand it for our
purposes—judicial review of the administrative agency's actions
under the standards of review we have previously discussed.
The Agency here chose five representative canmaking plants where
it gathered water samples. It had previously, as explained in
its rulemaking, designed procedures and protocols for sampling
and analysis to protect their scientific integrity. The peti-
tioners argue with the choice of testing sites within the water
systems and with the Agency's methods of comparing samples.
The Agency explained its methods during rulemaking and insisted
cnere and here on appeal that their methods were scientifically
correct, we do not judge that; we view their actions under
a judicial glass and readily discern that they have acted reason-
ably, given the regulated industry's representatives more than
26
-------
adequate opportunity to comment, considered the comments, and
explained their rejection. This is indeed reasoned administrative
decisionmaking, and we have no occasion to interfere in that
process.
(b)
The petitioners next contend that, even if the 97%
removal efficiency was correctly calculated in aluminum forming,
it is not a valid assumption when applied in canmaking. First,
they contend that removal of oil and grease removes a greater
percentage of TTO from wastewater highly concentrated with
TTO than wastewater with lower concentrations.
The petitioners argue that at concentrations of less
than 2.12 rag/L, removal of oil and grease only removes 7 6%
of the TTO. Demonstrating by graph a 97% removal rate for .
TTO at a concentration of 25.7 mg/L (as found in the aluminum
forming category) and a 76% removal rate at concentration of
2.12 mg/L, they argue that the removal efficiency percentage
for a 2.727 mg/L concentration, as found in the canmaking industry
Is only 80%. Petitioners reach this conclusion by charting
the removal rates that they contend would have been demonstrated
had the sampling been conducted properly, i.e. removal efficien-
cies fluctuating between 76% and 99.0% depending on the amount
of TTO present.
-------
Additionally, petitioners cite the report of Murray P.
Strier, that they contend was used along with others by the
Agency, and which demonstrates that only trace amounts of eight
of the fourteen regulated TTO pollutants found in canmaking
wastewater could be removed by the model technology. Finally,
in this part of their argument, petitioners list the tested
achievable treatment levels for the fourteen toxic pollutants
(ranging from 0 mg/L to .10 mg/L), total them, and arrive at
an achievable level of TTO in the wastewater after treatment
by the model technology of 0.413 mg/L.16 They, therefore,
assert that the TTO discharge level permitted by the regulation
(.32 mg/L) is significantly lower than what is actually achievable.
The Agency characterizes the petitioners' reasoning
as seriously flawed. It is not the concentration of organics
that determines the percentage that can be removed, argues
the Agency; removal efficiency depends upon the octanol/water
partition coefficient and the concentration of oil.1^ If the
organics have a high partition coefficient and there is sufficient
oil in the wastewater, virtually all of the organics will be
absorbed by the oil and removed by effective oil removal technology.
16
Strier's report, according to petitioners, demon-
strates an achievable level of .8L5 mg/L.
^ The octanol/water partition coefficient reflects
the ability of a toxic organic to be absorbed in oil. A high
coefficient reflects an increased solubility in oil, and conse-
quently a greater potential to be removed along with oil and
grease. The octanol/water partition coefficient for the regu-
lated TTO ranges from 1.25 to 8.73, indicating high solubility.
28
-------
Since all fourteen organics found in canmaking wastewaters
are highly soluble in oil and there are high levels of oil
1Q
present, scientific analysis reinforces the conclusion based
on the sampling data collected from aluminum forming wastewater.
Moreover, the Agency disputes the petitioners' con-
centration estimates. The Agency points out that the data
chosen by the petitioners to calculate the amount of toxic
organics in canmaking wastewater represents the condition of
the wastewater before flow reduction mandated by the model
technology is applied. That part of the required technology,
unchallenged by the petitioners, reduces the amount or water
and obviously increases the concentration of TTO in the water.
An Agency table shows that TTO concentration will increase
¦s.
several times after application of flow reduction required
for meeting both PSNS and PSES . The Agency dismisses the "Strier
report" as based on a different technology than that developed
by the Agency and avers that although it possessed the Strier
material, it was not used in their determinations. The Agency
thoroughly considered removal efficiency in the canmaking content,
and we find no abuse of its discretion.
18
The data indicated that aluminum forming generated
17,752 mg/L of oil and grease while canmaking produced 19,838
mg/L of oil and grease.
29
-------
(c)
The petitioners next contend that the Agency erred
in arriving at its mean concentration value of 2.727 mg/L in
canmaking wastewater because it did not include in its average
the data from sampling points where it was indicated that a
particular pollutant was not present. The Agency replies that
it purported to show an average of only the pollutants that
were present and subject to removal and that it would have
been senseless to devise a standard which included toxic organics
that did not have to be removed because they were not present
in the first place. We agree with the Agency that it acted
well within its assigned role in selecting the method to tabulate
the data needed to reflect the pollutant composition of the
wastewater under examination.
The petitioners, both in complaining about the efficacy
of TTO sampling and in attacking the Agency's costs considera-
tions (considered infra), advance another asserted error in
sampling. They contend that in addition to the samples taken
in 1977 and 1978, the 1933 "grab" samples should have been
added to the equations and, if included, would have produced
for them a favorable result. That argument overlooks the explana-
tion offered by the Agency in the preamble to the regulation
and reiterated on appeal--that the 1983 sampling was not designed
for scientifically accurate computation but was designed to
obtain approximate values and to respond to Agency conclusions
called into question by the CMI and USBA sampling conducted
30-
-------
after promulgation of the proposed regulation. This has been
explained and reiterated administratively, yet the petitioners
insist thatwe weigh judicially these Agency actions, which
are without the sphere of judicial review. We decline.
(d).
The petitioners urge that the technology designed
in aluminum forming is not transferable to canmaking. Here,
they repeat many of their arguments that the Agency's calculation
of the percentage efficiency of pollutant removal was faulty.
i
They argue that the technology developed in the aluminium forming
category is, for the same reasons, not legally transferable
to the canmaking subcategory.
•In Tanner's Council of America, Inc. v. Train, 540
F.2d 1188 (4th Cir. 1976), we considered the propriety of trans-
ferring the results of pollution technology from one industry
to another as the basis for Clean Water Act standards. We
stated that "[t]his transfer of technology is permissible only
'if he (the Administrator) determines the technology to achieve
those higher levels can be practicably applied.'" Id. at 1192,
quoting S. Rep. No. 414, 92d Cong., 1st Sess. (1971), A Legis-
lative History of the Water Pollution Control Act Amendments
of 1972, 93d Cong., 1st Sess. 1468. We quoted with approval
the criteria developed by the Eighth Circuit*"^ to determine
19
CPC International, Inc. v. Train, 515 F.2d 1032,
1043 (8th Cir. 1975) .
31
-------
it a technology can be practicably applied: the Agency must
"(1) show that the transfer technology is available outside
the industry; (2) determine that the technology is transferable
to the industry; (3) make a reasonable prediction that the
technology if used in the industry will be capable of removing
the increment required by the effluent standards." Tanner's
Council, 540 F.2d at 1192 (footnote omitted).
The Agency demonstrated in the aluminum forming category
that the removal of oil and grease by the technology would
result in acceptable reduction of TTO. The Agency also explained
that in light of the similar amounts of oil and grease present
in canmaking and aluminum forming wastestreams, the removal
technology could be applied in both industries. Finally, as
we have explained, the Agency offered a reasoned justification
for the transfer, based on data demonstrating that the TTO
found in canmaking effluent was highly soluble in oil and thus
the technology could be expected to remove an adequate amount
of these pollutants. We note further that this issue was fully
aired during the rulemaking procedure and that the Agency has
consistently held to its position and exhaustively explicated
its reasons for the transfer of technology. We find no abuse
of the Agency's discretion in this regard and hold that the
transfer of technology was amply justified.
32
-------
(e)
The petitioners also assert that the Agency abased
its discretion in even regulating TTO under PSES and PSNS.
The petitioners point to the Agency's decision not to regulate
the coil coating category under PSES and PSNS because the TTO
concentration in wastewater from that category was only approxi-
mately 1.47 mg/L and argue that, according to their calculations,
TTO concentration in canmaking wastewater is only 1.145 mg/L.
The statutory criteria for determining to impose
pretreatment standards is whether pollutants generated by a
facility would interfere with, pass-through, or otherwise be
incompatible with the POTW. See 33 CJ.S.C. § 1317(b). The
petitioners, again relying on their calculations rather than
the Agency's, insist that direct dischargers, by removing oil
and grease from canmaking wastewater, can remove only .413
mg/L. Using the Agency's assumption that a well-run POTW can
remove 70% of TTO and the petitioners' TTO concentration calcu-
lations of 1.145 mg/L, they attempt to demonstrate that a POTW
receiving wastewater without pretreatment by removal of oil
and grease would eliminate all but .344 mg/L TTO (i.e. 30%
x 1.145). Since the .344 residual TTO after POTW treatment
is less than .413 mg/L, which petitioners argue is the maximum
level of TTO achievable by a direct discharge through oil and
grease removal, the pass-through criteria, they argue, is not
met because the POTW can remove a greater percentage of TTO
than a direct discharger.
33
-------
Assuming the correctness of the petitioners' calcula-
tions, we would be greatly concerned with this argument. However,
the 1.145 nig/L TTO concentration in canraaking is at odds with
the Agency's tabulated 2.727 mg/L concentration. We would
be hard put to accept that the 1.145 concentration had been
proved by a preponderance of the evidence—yet, of course,
that is not the test. Additionally, the .413 mg/L that the
petitioners propound as the achievable level of TTO removal
is considerably greater than the .32 mg/L limit imposed by
the regulation. We are convinced that the Agency properly
exercised its administrative role in reaching the conclusion
that there is a 2.727 mg/L concentration of TTO in canmaking
wastewater and that pass-through has been demonstrated—we
need go "no further.
Although not determinative, we note again that a
number of the objections petitioners now level at Agency data
were either not raised or not fully explained to the Agency
during rulemaking. To raise such material for the first time
on appeal is unfortunate from both an administrative and appellate
standpoint. The Agency in this case has complied strictly
with the notice and comment procedures required by the Administra-
tive Procedure Act, 5 U.S.C. § 553 , and petitioners do not
attack the regulation on the ground of procedural irregularity
or infirmity. The Agency has not cloaked its consideration
in secrecy—adequate notice was given in the proposed regulation
34
-------
and the Agency has exhibited an admirable willingness to consider
matters brought up by comments submitted by petitioners and
others in the industry. An enormous amount of explanatory
and technical data has been generated, including development
documents, comments and responses, economic analyses, and scien-
tific data. Despite this adequate opportunity to comment and
* «
the clear explanation of the Agency's intent, many of the argu-
ments relating to the Agency's conclusions regarding the removal
of TTO in the aluminum forming category and the transfer of
technology to the canmaking subcategory were not presented
to the Agency during the rulemaking procedure. Under such
circumstances "the notice-comment-and-response procedures will ¦
have been deprived of murh of their validity, and the party
responsible therefor will accordingly be given less latitude
in complaining about the results." Weyerhaeuser, 590 F.2d
at 1028 n.15 (emphasis in original); see also National Association
of Metal Finishers v. EPA. 719 F.2d 624, 638 (3d Cir. 1983).
IV.
The petitioners' attack on the Agency's regulation
of the discharge of chromium, zinc, and copper by indirect
dischargers in one respect differs from their attack on the
regulation of toxic organics and in another respect parallels
their objection to toxic organic regulation.
35
-------
(a)
The first objection is that the presence of chromium
is overstated because the Agency abused its discretion by con-
sidering canmaking as a single category of a source of water
pollution rather than creating a subcategory for plants that
use a chromium-based manufacturing^ process. As was pointed
out in our previous discussion, there are only a few canmaking
plants that now use chromium as a coating. This is significant
because not only do the plants using the chromium coating process
discharge wastewaters with a higher percentage of chromium,
but hexavalent chromium is more prevalent than trivalent chromium.
Hexavalent chromium is many times more toxic than trivalent
chromium. The Agency recognizes that levels of chromium pollu-
tants from plants using the chromium process^ are much higher
than levels from those using nonchromium processes, but it
insists that some chromium is present in the wastewaters from
all plants and that, regardless, the chromium effluent limitation
which it set can be readily achieved .by all plants.
The Act requires the Agency to establish effluent
limitations "for categories and classes of point sources."
33 U.S.C. § 1311(b)(2)(A). It must also "designate the category
or categories of sources" to which pretreatment standards apply.
20
A memorandum by Ernest P. Hall, Chief of the Agency's
Metals and Machinery Branch, indicated that while one industry
source estimated that 30 plants used chromium surface treatment,
another source claimed only three. The memo further stated
that because at least seven plants had installed chromium reduc-
tion equipment, at least that many plants still employed the
chromium process.
36
-------
33 U.S.C. § 1317(b)(3). Here/ it is the fixing of a single
pretreatment standard that precipitates the petitioners' complaint.
This is another area of judicial review, however, where we
will not reverse the Agency's determination unless it abused
its discretion, and the Agency need not account for all possible
differences among plants. American Iron and Steel Institute
%
v. EPA, 568 P.2d 284, 297-99 (3dCir. 1978).
In the development document, the Agency discussed
thirteen factors it considered in deciding whether to subcate-
gorize further the canmaking subcategory. One of these factors
was the manufacturing process employed. In discussing this
factor, the Agency made no mention of differing surface treat-
ments; petitioners contend that these differing surface treat-
ments constitute a difference in "manufacturing processes"
and that the Agency abused its discretion in failing to subcate-
gorize on this basis. Even if this were error, we do not feel
that it is of sufficient magnitude to require reversal of the
Agency's decision.
In the first place, the Agency on appeal stresses
that while most of the plants now use nonchromium coating pro-
cesses, they are constructed so that they can use either chromium-
or nonchromium-based treatments. Consequently, although chromium
surface treatments may be out of favor at this time, the manu-
facturing process itself remains capable of using chromium
in the future. The regulation of a pollutant now in use in
some plants and capable of being employed in others does not
37
-------
appear to us to be unreasonable. Secondly, the Agency points
out that there are chromium pollutants, in some quantity, dis-
") 1
charged from all plants. The Agency's task was to establish
numerical standards limiting effluent pollution and it concen-
trated on grouping plants that could meet the same limitations.
That this is a legitimate consideration, there can be no doubt.
See Vol. 1, Legislative History of the Federal Water Pollution
Control Act Amendments of 1972, at 172. The Agency urges that
even if the canmaking industry was further subcategorized,
the effluent standards would probably be the same. The peti-
tioners have not shown that it would be otherwise, but even
if they could we do not think the Agency has abused its discretion
in creating a single canmaking category. Before making that
decision, it considered all relevant factors and provided reasoned
\
explanations for its actions for which there was a substantial
2 2
basis in the record.
21 '' •
In this regard, we note that in the 1978 portfolios,
38 plants reported chromium as known to be present in their
wastewaters. See 48 Fed. Reg. 6267, at 6272 (Feb. 10, 1983).
22
During this appeal, petitioners submitted documents
indicating that one of the plants sampled in 1978, which at
that time used chromium-based surface coatings, had since dis-
continued such use. Thus, petitioners urge, the values for
the industry are considerably less than originally calculated.
Here again, petitioners failed to bring this to the Agency's
attention during the rulemaking procedures and arguably should
not now be heard. Weyerhaeuser Co. v. Costle, 590 F.2d 1011,
1028 n.15 (D.C. Cir. 1978); American Frozen Food Institute
v. Train. 539 F.2d 107, 135 (D.C. Cir. 1976). However, even
considering petitioners' evidence, we find no reason to overturn
the Agency's action because the information does not serve
to rebut the Agency's argument that chromium application may
be used without changing the process employed.
38
-------
¦(b)
The petitioners' second objection to the regulation
of toxic metals is that chromium, zinc, and copper do not meet
the pass-through criteria for regulation under PSES. In other
words, they contend that a well operated POTW would remove
more chromium, zinc, and copper froin wastewater discharged
*
into it without pretreatment than would be removed by direct
dischargers employing the model technology.
As in its attack on the TTO standards, however, the
petitioners use different data for their demonstration.^
Importantly, they overlook the water flow reduction which is
part of the model technology—with the water flow reduced the
concentrations of chromium, zinc, and copper are much greater
and pass-through criteria easily met. Apart from that, peti-
tioners show at most a disagreement with the Agency without
a showing that the Agency was guilty of serious technological
errors in testing, calculating, and applying the results of
the tests so as to achieve their basic goal—a uniform achievable
standard which would prevent an optimum amount of toxic metals
from reaching the nation's waters.
23
Petitioners exclude data from one plant that was
employing chromium-based surface treatments at the time of
the 1973-79 sampling and include the results of the 1933 Agency
grab samples conducted after the issuance of the proposed regula-
tion.
19
-------
v.
The petitioners' final major assault on the regulation
attacks the Agency's analysis and "consideration" of the cost
effectiveness of treatment options. The Act requires the Agency,
in identifying BPT, to consider "the total cost of application
of technology in relation to the effluent reduction benefits
to be achieved from such application." 33 U.S.C. § 1314(b)(1)(B).
In identifying BAT technology and promulgating NSPS, PSES and
PSNS standards, however, the Agency is not required to con
"effluent reduction benefits," but must "take into account
direct and indirect costs. 33 U.S.C. § 1314(b)(2)(B). Th
petitioners contend the Agency failed to fulfill these stal
duties.
For BPT there must be a "limited balancing" of costs
against benefits, but as regards BAT, NSPS, PSES and PSNS no
balancing is required—only that costs be considered along
with the other factors discussed previously. 33 U.S.C. §§ 1314(b)(1)(B),
(b) (2) (B) . National Ass'n Metal Finishers v. EPA, 719 F.2d
624, 662-663 (3rd Cir. 1984); Weyerhaeuser v. Costle, 590 F.2d
1011 at 1046.
The petitioners concede that the Agency "considered"
costs but contend that its analysis was so faulty that promul-
gating the regulation in face of what the actual cost and actual
cost/benefits results should have been amounts to an abuse of
discretion. The Agency calculated the cost of BPT for direct
dischargers at $50/lb. The petitioners contend this cost should
40
-------
be $17,7lO/lb, or a cost 350 times that calculated by the Agency.
Similarly, it is contended that the Agency grossly understated th€
cost of pretreatment. The petitioners argue that these alleged
gross inaccuracies resulted from three principal factors—the
Agency's failure to (1) establish a separate subcategory for
plants using the chromium-based manufacturing process; (2)
*
include its 1983 wastewater sampling data in its calculations;
and (3) correctly differentiate between the amounts of high
toxic chromium (hexavalent chromium) and low toxic chromium
(trivalent) which were present in wastewater.- They also contend
that the Agency erred in calculating costs at incremental levels
of the technology rather than the overall benefit for each
treatment level.
">sThe first two objections to the cost analysis considera-
tion repeat the arguments we have rejected in part IV. There
is no reason to reconsider them. An agency has a broad discre-
tion in its selection of data and in the method of calculation,
particularly when it involves highly-scientific or technical
considerations. Hercules, Inc. v. EPA. 598 F.2d 91, 108 (D.C.
Cir. 1978); American Petroleum Institute v. EPA, 540 F.2d 1023,
1035-36 (10th Cir. 1976) .
Similarly, we think that the Agency's action in con-
sidering costs at incremental levels to be properly within
its discretion. The Agency explained in its Cost Effectiveness
Analysis that cost-effectiveness was defined as "the incremental
41
-------
annualized cost of a pollution control option in an industry
or industry, subcategory per incremental pound equivalent of
pollution removed by that control option." We find no abuse
of discretion of its decision to analyze costs on this basis
and hold that this was a reasonable effort by the Agency which
must be upheld. FMC Corp. v. Train. 539 F.2d 973, 979 (4th
Cir. 1976).
The Agency's estimate of the hexavalent/trivalent
mix in canmaking wastewater, however, gives us some pause.
We are of the opinion that the Agency's reasoning in this one
particular was far from faultless, but we are reluctant to
remand the regulation because of this one error when a corrected
result would not affect the regulation. Determining that it
would not, we decline to reverse on this ground.
The "cost effectiveness" of a technology is defined
as an annualized capital cost of the technology per "pound
equivalent" of pollutant removed by such technology. "Pound
equivalent" is a term used to express the varying degrees of
toxicity of different pollutants, wherein toxicity is standardized
by reference to the toxicity of copper. The "pound equivalent"
of a particular pollutant is the number of pounds of copper
that are equivalent in toxicity to one pound of a given pollutant.
The toxic weight of hexavalent chromium is 19.3 and that for
trivalent chromium is 0.127.
42
-------
The true mix of hexavalent to trivalent chromium
was a contested issue during the rulemaking. Commenters con-
tended that of the chromium present in wastewater, virtually
all of it was in trivalent form, although the Agency argues
that no commenter submitted any data to support that claim.
The Agency responded that B[b]ased o„n the data available
. . . chromium is present in the wastewaters of almost all
canmaking plants, .... II]n the absence of specific steps
to reduce chromium, chromium in canmaking wastewaters can be
expected to appear in hexavalent form." Nonetheless, the Agency
attempted to compensate for its failure to distinguish between
hexavalent and trivalent chromium in the final Cost Effectiveness
Analysis which was issued contemporaneously with the final
regulation:
Two key estimates were made with regard
to chromium pollutant loadings. Since
these values are reported for total chromium
only, the precise mix between hexavalent
and trivalent chromium (which have toxic
weights of 19.3 and .127, respectively)
is not known. To calculate CE values,
it was estimated that the chromium mix
is 50% hexavalent and 50% trivalent before
treatment, and 24% hexavalent and 76%_triva- •
lent after lime and settle treatment.
We do not agree with the Agency's argument that the
petitioners had a primary duty to demonstrate the percentage
24 i
Data from one plant tends to support the Agency s
estimate in that testing revealed .46 mg/L of hexavalent chromium
out of 1.7 mg/L of total chromium, yielding a mix of 26%/74%
hexavalent/t r ivalent.
43
-------
of hexavalent chromium present in its wastewaters. We think,
however, that the record demonstrates that the Agency satisfied
the statutory requirement that it consider costs.
As we stated in FMC Corp. v. Train. 539 F.2d 973
(4th Cir. 1976):
«
The Act's overriding objective of elimin-
ating...the discharge of pollution into
the waters of our Nation indicates that
Congress, in its legislative wisdom, has
determined that the many intangible benefits
of clean water justify vesting the Adminis-
trator with broad discretion, just short
of being arbitrary or capricious, in his
consideration of the cost of pollution
abatement.
Id. at 978-79. See also American Iron and Steel Institute
v. EPA, 526 F.2d 1027, 1031 (3rd Cir. 1974) (cost of compliance
¦s
"not a factor to be given primary importance").
In promulgating this regulation, the Agency, through
25
a subcontractor, conducted exhaustive economic impact analyses
2 6
and cost effectiveness analyses. The cost effectiveness analyses
examined the cost effectiveness of regulatory alternatives
with respect to indirect and direct dischargers as well as
each type of controlled pollutant. Additionally, the subcontractor
analyzed the impact of the regulation on such diverse aspects
25
Policy Planning & Evaluation, Inc.
2 fi
Cost Effectiveness Analysis of Effluent Standards
and Limitations for the Canmakinq Subcategory o£- the Coil Coating
Category, November 1983.
44
-------
as plant-level profitability, capital requirements, plant closure
new plant construction, small businesses, and plant characteristics.
i
Further the development documents contain estimated compliance
costs which were the subject of numerous comments and responses.
Although we do not condone the Agency's treatment
of the issue concerning the hexavalent/trivalent chromium mix,
*
the record indicates that it carefully considered all other
cost factors and, in this one particular, made an estimate
of the differing quantities of hexavalent and trivalent chromium
which has support in the administrative record. Importantly,
it also concluded that even if its estimates were completely
erroneous, it would not have affected the regulation. In sum,
we believe that the record demonstrates that the Agency made
a reasonable effort in analyzing costs and on that basis the
regulation must be upheld. See FMC Corn, v. Train, 539 F.2d
973, 979 (4th Cir. 1976).
Conclus ion
For all of the foregoing reasons, the effluent limita-
tions for the canmaking industry are upheld, and the petitions
denied.
DENIED.
45
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CANMAKING SUBCATEGORY OF THE COIL COATING
INDUSTRIAL CATEGORY
We issued final effluent limitations guidelines for best practic-
able control technology (BPT), best available control technology
economically achievable (BAT); and new source performance standards
(NSPS), and pretreatrnent standards for existing and new sources
(PSES and PSNS) on November 8, 1983 ( 48 FR 52580 , November 17,
1983 ) for the canmaking subcategory of the coil coating point
source category. , They will be effective January 2, 1984. We
based BPT on flow normalization and model end-of-pipe treatment
technology consisting of oil removal by skimming, chemical emulsion
breaking, dissolved air flotation or a combination of these
technologies, chromium reduction where necessary, and removal of
other pollutants by lime and settle technology (L&S). BAT and
PSES reduced the BPT flow by 60 percent and NSPS and PSNS were
based on flow reduction beyond the BAT level, in addition to the
BPT model end-of-pipe treatment technology. The compliance dead-
line for BAT is July 1, 1984; the PSES deadline is November 17,
1986 and compliance for NSPS and PSNS is when the plant begins
operation.
As a result of public comment on the proposal, we made individual
plant visits and collected additional data and information.
After analyzing the new data and making these available for
comment, we decided to make certain additional flow allowances
and other slight modifications in the regulation. With respect
to flow reduction, we changed the model technology from counter-
current cascade rinsing to counterflow rinsing. Flows for BAT
and PSES were increased from proposal because of this change.
There is one major legal issue presented by this regulation. It
concerns the selection of a less stringent technology option for
BAT and PSES and for NSPS and PSNS on the basis of cost-effective-
ness considerations alone. Under the Clean Water Act, there are
strong arguments that cost-effectiveness considerations were given
considerable weight in rejecting the more stringent technology
option; e.g., filtration. The Natural Resources Defense Council
(NRDC) has challenged the petroleum refining effluent limitations
guidelines on this basis. Because the incremental effluent
reduction benefits of adding filtration to the model treatment
technology are so small, we believe the likelihood of suit by
NRDC or another environmental group is also small. It is uncer-
tain whether or not industry will petition for judicial review
of this regulation. Issuance for the purpose of judicial review
was December 1, 1983, and the deadline for legal challenge is
March 1, 1984.
The Public Record will be available January 23, 1984 for review at
the EPA Public Information Reference Unit, Waterside Mall, Rm.
2922, 401 M St., S.W., Washington, D.C. 20460. The project
officer is Mary Belefski and she can be contacted at (202) 38 2—
7153.
-------
14104
Federal Register / Vol. 49. No. 70 / Tuesday, April 10. 1984 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 465
IFRL-2S61-2]
Cod Coating Point Source Category,
Canmaklng Subcategory, Effluent
Limitations GukteMnea, Pretraatment
Standards, and New Source
Performance Standards
agency: Environmental Protection
Agency.
action: Notice of correction of final
rule.
summary: This document corrects the
promulgated limitations and standards
for the Coil Coaling Point Source
Category. Canmaking Subcategory that
appeared in the Federal Register on
Thursday, November 17,1983 (48 FR
52380).
This action is necessary to correct
typographical errors in the document.
ADDRESSES: Technical information may
be obtained by writing to Ms. Mary L.
Belefski, Effluent Guidelines Division
(WH-552). EPA, 401 M Street SW.,
Washington. D.C. 20460, or by calling
(202) 382-7126. Copies of the technical
and economic documents may be
obtained from the National Technical
Information Service. Springfield, VA
22161 (703) 487-4600.
The Record is available for public
review in EPA's Public Information
Reference Unit, Room 2004 (Rear) (EPA
Library), 401 M St., SW., Washington,
D.C. Tlie EPA information regulation (40
CFR Part 2) provides that a reasonable
fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT:
Ernst P. Hall. (202) 382-7128.
Corrections:
1. On page 52380, column 3, line 13,
change "NSP" to "NSPS".
2. On page 52382, column 1, line 59,
change "data supplied was used" to
"data supplied were used".
3. On page 52382, column 2, line 32,
change "Seamed cans" to "seamed
cans".
4. On page 52383, column 1, line 23,
change "Stokes law" to "Stokes* law".
5. On page 52384, column 3, line 50.
change "215.01/1000 cans" to "215.01/
1000 cans".
6. On page 52384, column 3, line 52,
change "20.3 1/1000 cans" to "20.3 1/
1000 cans".
7. On page 52384, column 3, line 53,
change "9641/1000 cans" to "064 1/1000
cans".
8. On page 52385. column 1, line 8,
change "for which we have date" to "for
which we have data".
9. On page 52385, column 1, line 30,
change "Chromium " to "chromium".
10. On page 52385, column 1, line 52,
change "Based limitations on the BPT'
to "based limitations based on the BPT".
11. On page 52385. column 2, line 47,
change "83.B 1/1000 cans" to "83.9 1/
1000 cans".
12. On page 52385, column 3, line 8,
change "Chromium" to "chromium".
13. On page 52385. column 3, line 53,
change $0,017 million" to "$0,014
million".
14. On page 52385, column 3, line 59,
change "14 1/1000 cans" to "14 1/1000
cans".
15. On page 52388, column 1, line 10,
change "63.8 1/1000 cans" to "63.8 1/
1000 cans".
18. On page 52388, column 1, line 26,
change "Chromium" to "chromium".
17. On page 52388, column 3. line 26.
change "0.01 mg/l" to "0.01 mg/1".
18. On page 52387, column 3, line 57,
change "2-piece" to "two-piece".
19. On page 52388, column 2, line 29,
change "2-piece" to "two-piece".
20. On page 52389, column 2, line 40,
change "NSSP" to "NSPS".
21. On page 52390, column 1, line 12,
change "0.11 million kilowatt-hours per
year." to "0.30 million kilowatt-hours per-
year.".
22. On page 52390, column 1, line 29,
change "2.93 million kilowatt hours per
year." to "7.92 million kilowatt hours per
year.".
23. On page 52391, column 3, line 38,
change "83.9 1/1000 cans" to "83.91/
1000 cans".
24. On page 52391, column 3, line 51,
change "CMBD" to "CMDB".
25. On page 52394. column 1, line 40,
change "(TTO))" to "(TTO)".
28. On page 52394, column 2, line 21,
change "oil and grease solvents" to "oil
and grease, solvents.".
27. On page 52394, column 2, line 54,
insert a period after "15th ed".
28. On page 52394, column 2, line 62,
insert closing parenthesis after
"(Method 502E".
29. On page 52395, column 2, line 17,
change "2-piece" to "two-piece".
30. On page 52396, column 1, line 30,
insert "limitations guidelines" after
"final effluent".
31. On page 52398, column 3, line 5,
change "equipement" to "equipment".
32. On page 52397, columns 2 and 3, in
the table that bridges the columns
entitled "Indirect Dischargers Schedule
for Submittal and Compliance", insert
an "or" on the line between "60 days"
and "60 days".
33. On page 52398, column 1, line 27,
change "direct discharges" to "indirect
discharges".
34. On page 52398, column 1, line 72,
change "053
Hexachloromyclopentadiene" to "053
Hexachlorocyclopentadiene".
35. On page 52398, column 3. line 27,
change "067 Butyl benzylphthalate" to
"067 Butyl benzyl phthalate".
36. On page 52398, column 3, line 28,
change "066 Di-N-butyl phthalate" to
"068 Di-n-butyl phthalate".
37. On page 52398, column 3, line 48,
change "067 Butyl benzylphthalate" to
"067 Butyl benzyl phthalate".
38. On page 52398, column 3, line 49,
change "Di-N-butyl phthalate" to "Di-n-
butyl phthalate".
9485.03 [Amendsd]
39. On page 52399, column 2,
paragraph (c)(5). delete the words
"except where total O&G is specifically
required".
40. On page 52399, columns 2 and 3.
the equation in the center of the
columns, that bridges the columr.s
change
-------
Federal Register / Vol. 49, No. 70 / Tuesday, April 10, 1984 / Rules and Regulations 14105
Ex iooo
"mg (hydrocarbon oil and grea»e)/l =
ml/tample"
to
E x 1000
"B8 (hydrocarbon oil and gre.*e)/l - „l|/samp|e..
41. Oil page 52399, column 3, line 23
from the bottom of the page, change
"reasd" to "read".
S 465.41 [Amended]
42. On page 52400, column 1—} 465 41
tdble, change "F . . . 12790.00 (28.197)
5676.00 (12.513)" to "F . . . 12792.50
(28.203) 5676.00 (12.514)".
$465.43 (Amended]
43. On page 52400, column 2—5 465.43
table heading, change "SUBPART D—
NSPS Effluent Limitations" to
"SUBPART D—NSPS".
J 465.44 (Amended]
44. On page 52400, column 3—§ 405.44
table heading, change "SUBPART D—
PSES Effluent Limitations" to
"SUBPART D—PSES".
{465.45 (Amended]
45. On page 52400, column 3—5 465.45,
change "Except as provided in { 403.7"
to "Except as provided in 40 CFR 403.7".
Dated. March 29,1984.
Jack E. Ravan,
Assistant Administrator for Water.
|FR Doc. a«-S33» Filed 4-#-M 6 45 un)
BtLLIMO COOE eM0-«0-M
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 101-17
[FPMR Temp. Reg. D-68, Suppt. 1]
Assignment and Utilization ot Space
AGENCY: Public Buildings Service. GSA.
ACTiev: Temporary regulation.
Thv. supplement extends to
1j, V05 trie exrir.ition date of
lTMR Temporary Regulation D-62. D-6S
sets forth simplified and streamlined
CSA space management regulations,
and mandates improved cost
effectiveness in agencies' use of space.
DATES: Effective date: February 1.19SI
Expiration date: May 15.1985.
FOR FURTHER INFORMATION CONTACT.
Jo-Anne D Venneberg. Acting Assistant
Commissioner for Space Management
(202) 56tM025.
SUPPLEMENTARY INFORMATION: The
General Services Administration has
determined that this regulation will not
impose unnecessary buniens on the
economy or on individuals and,
therefore, is not significant for the
purpose of Executive Order 12044.
(Sec. 205(c). A3 Stat. 380; 40 U.S.C. 466(c))
Chapter 101—[Amended]
In 41 CFR Chapter 101, the following
temporary regulation is added to the
appendix at the end of Subchapter D.
Federal Property Management
Regulations
Temporary Regulation D-68
Supplement 1
TO: Heads of Federal agencies
SUBJECT: Assignment and Utilization of
Space
1. Purpose. This supplement extends
the expiration date of FPMR Temporary
Regulation D-68.
2. Effective Date. February 1,1984.
3. Expiration Date. This supplement
expires on May 15,1985.
4. Explanation of Changes. The
expiration date in paragraph 3 of FPMR
Temporary Regulation D-68 is revised to
May 15,1905.
Ray Kline,
Acting Administrator of General Services.
March 8.1U04.
ire Doc M-BM2 Filid IIW e 45 am)
SILUMQ coot U10-23-M
41 CFR Part 101-41
[FPMR Amendment Q-65]
Cancel Standard Form 1131, U.S.
Government Transit Bill cf Lading
AGENCY: Office of the Comptroller, GSA.
ACTION: Final rule.
summary: This regulation amends the
Code of Federal Regulations (CFR) and
the Federal Property Management
Regulations (FPMR) by removing
reference to and illustrations of the U.S.
Government Transit Bill of Lading
(transit GBL) set, Standard Form (SF)
1131 through SF 1134. Inventory records
indicate that no orders for this form
have been received for more than one
year. Cancelling this accountable
transportation document will eliminate
GSA's need to print and maintain an
inventory for Federal agencies.
EFFECTIVE DATE: April 10,1984.
KM FURTHER INFORMATION CONTACT:
John W. Sandfort Chief, Regulations,
Procedures, and Claims Branch, Office
of Transportation Audits (202 786-3014).
SUPPLEMENTARY INFORMATION: GSA has
determined that this rule is not a major
rule for the purposes of Executive Order
12291, of February 17,1981. because it is
not likely to result in an annual effect on
the economy of $100 million or more; a
major increase in costs to consumers or
others; or significant adverse effects.
GSA has based all administrative
decisions underlying this rule on
adequate information concerning the
need for. and consequences of, this rule;
has determined that potential benefits to
society from this rule outweigh the
potential costs and has maximized the
net benefits; and has chosen the
alternative approach involving the least
net cost to society.
The transit CBL has been in use by
the Government for more than 40 years.
Demands for this form, however, have
slackened during the past few years.
National Archives and Records Service
(NARS) reports that no orders for this
form were received from Federal
agencies for more than a year. NARS
suggested cancelling this form.
A proposed rulemaking was published
in the Federal Register on October 13,
1983 (48 FR 46554), inviting comments
for 45 days ending November 28,1983.
The Office of Transportation, Oftice of
Federal Supply and Services, GSA,
suggested some editorial changes that
we adopted. The largest user of this
form, the Department of Defense,
advised us prior to publication of the
proposed rulemaking that it had no
objection to cancelling this form.
List of Subjects in 41 CFR Part 101-41
Air carriers. Accounting, Claims,
Freight, Freight forwarders. Government
property management. Maritime
carriers, Moving of household goods,
Passenger services. Railroads,
Transportation.
PART 101-41—TRANSPORTATION
DOCUMENTATION AND AUDIT
Title 41, Part 101-41 of the Code of
Federal Regulations is amended as
follows:
1. The authority for Fart 101-41 is:
Authority: 31 U.S.C. 3726. and 40 U S C.
486(c)
2. The table of contents for Part 101—
41 is amended by revising the following
entries:
-------
(Revised 4/6/84)
COIL COATING
CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
This summary provides industries in the Coil Coating category and Pub-
licly Owned Treatment Works (POTWs) with the information necessary to deter-
mine compliance with pretreatment standards for this industrial category. The
Coil Coating categorical standards were established by the Environmental
Protection Agency in Part 465 of Title 40 of the Code of Federal Regulations
(40 CFR 465). This summary is not intended to substitute for the regulations
published in the Code of Federal Regulations or the Federal Register. For
specific information, refer to the Federal Register citations given below.
Important Dates
Federal Register Citation
Proposed Rule: January 12, 1981
Final Rule: December 1, 1982
Amendment Proposed: February 10, 1983
Amendment: September 15, 1983
Amendment, Final Rule (Subcategory D,
Canmaking): November 17, 1983
Effective Date: January 17, 1983
(January 2, 1984, for Subcategory D)
Baseline Monitoring Report (BMR)
Due Date: July 16, 1983
(June 30, 1984, for Subcategory D)
Compliance Dates:
Vol. 46, p. 2934, January 12, 1981
Vol. 47, p. 54232, December 1, 1982
Vol. 48, p. 6268, February 10, 1983
Vol. 48, p. 41409, September 15, 1983
Vol. 48, p. 52380, November 17, 1983
- Pretreatment Standards for Existing Sources (PSES): December 1, 1985
(November 17, 1986, for Subcategory D)
- Pretreatment Standards for New Sources (PSNS): From commencement of
discharge
SUBCATEGORIES AND SIC CODES AFFECTED
Coil Coating is divided into four subcategories: (A) Steel Basis Mate-
rial, (B) Galvanized Basis Material, (C) Aluminum Basis Material,' and (D)
Canmaking. Facilities classified under SIC codes 3411, 3479, and 3497 may be
regulated under this standard. However, the SIC designation is tentative
until EPA makes a final determination.
REGULATED POLLUTANTS
All of the pollutant limits established for the Coil Coating category are
mass-based limits. Industries regulated under Subcategories A and C have
limits on their discharges of chromium, cyanide, and zinc. Industries regu-
lated under Subcategory B have limits on their discharges of chromium, copper,
cyanide, and zinc.
Source: Summary of the Effluent Guidelines Division Rulemaking Activities,
U.S. Environmental Protection Agency, July 1983.
-------
COIL COATING (coat.)
Industries regulated under Subcategory D (Canmaking) have limits on their
discharges of chromium, copper, zinc, fluoride, phosphorus, manganese, and
total toxic organics (TTO). For this industrial category, total toxic
organics (TTO) is defined as the sum of the mass of each of the following
toxic organic compounds that are found at a concentration greater than 0.01
mg/1.
1,1,1-trichloroethane
1,1-dichlorethane
1,1,2,2-tetrachloroethane
bis (2-chloroethyl) ether
chloroform
1,1-dichloroethylene
methylene chloride
pentachlorophenol
bis (2-ethylhexyl)phthalate
butyl benzyl phthalate
di-N-butyl phthalate
phenanthrene
tetrachloroethylene
toluene
As an alternative to monitoring for TTO, indirect dischargers in Sub-
category D may measure and-limit oil and grease to the levels established by
PSES and PSNS. Any indirect discharger meeting the alternative oil and grease
standards will be considered to meet the TTO standard. Oil and grease con-
centrations are to be determined by the method outlined in 40 CFR 465.03(c).
The regulations provide Coil Coating facilities with an exemption from
periodic cyanide monitoring if they meet the following two conditions:
(1) The first wastewater sample that is collected in each calandar year
contains less than 0.07 mg/1 cyanide.
(2) The owner or operator of the facility certifies in writing to the
Control Authority that cyanide is not used in its coil coating
process.
-2-
-------
COIL COATING (cont.)
SUCATEGORY A - STEEL BASIS MATERIALS
PRETREATMENT STANDARDS FOR EXISTING SOURCES (PSES)
Maximum for Any One Day
Maximum Monthly Average
Pollutant
mg/m^ of
area processed
Pounds per
1 million ft of
area processed
mg/m^ of
area processed
Pounds per
1 million ft of
area processed
Chromium
Cyanide
Zinc
0.50
0.34
1.56
0,10
0.07
0.32
0.20
0.14
0.66
0.041
0.029
0.14
PRETREATMENT
STANDARDS FOR NEW SOURCES (PSNS)
Maximum for Any One Day
Maximum Monthly Average
Pollutant
mg/m^ of
area processed
Pounds per
1 million ft of
area processed
mg/m^ of
area processed
Pounds per
1 million ft of
area processed
Chromium
Cyanide
Zinc
0.120
0.063
0.330
0.024
0.013
0.066
0.047
0.025
0.140
0.010
0.005
0.027
-------
COIL COATING (cont.)
SUBCATEGORY B - GALVANIZED BASIS MATERIAL
PSES
Maximum for Any One Day
Maximum Monthly Average
Pollutant
mg/m^ of
area processed
Pounds pet
1 million ft of
area processed
mg/m^ of
area processed
Pounds per2
1 million ft of
area processed
Chromium
Copper
Cyanide
Zinc
0.37
1.71
0.26
1.20
0.077
0'.35
0.053
0.25
0.16
0.90
0.11
0.51
0.031
0.19
0.022
0.11
PSNS
Maximum for Any One Day
Maximum Monthly Average
Pollutant
mg/m^ of
area processed
Pounds per
1 million ft of
area processed
mg/m^ of
area processed
Pounds per-
1 million ft of
area processed
Chromium
Copper
Cyanide
Zinc
0.13
0.44
0.07
0.35
0.027
0.090
0.015
0.072
0.052
0.21
0.028
0.15
0.011
0.043
0.006
0.030
-4-
-------
COIL COATING
(conti)
SUBCATEGORY
C - ALUMINUM BASIS MATERIAL
PSES
Maximum for Any One Day
Maximum Monthly Average
Pollutant
2 Pounds peij
mg/m of 1 million ft of
area processed area processed
2 Pounds per2
mg/m of 1 million ft of
area processed area processed
Chromium
Cyanide
Zinc
0.42 0,085
0.29 0.059
1.32 0.27
0.17 0.34
0.12 0.024
0.56 0.12
PSNS
Maximum for'Any One Day
Maximum Monthly Average
Pollutant
2 Pounds peij
mg/m of 1 million ft of
area processed area processed
2 Pounds per2
mg/m of 1 million ft of
area processed area processed
Chromium
Cyanide
Zinc
0.18 0.037
0.095 0.02
0.049 0.01
0.072 0.015
0.038 0.008
0.20 0.041
-5-
-------
COIL COATING (cont.)
SUBCATEGORY D - CANMAKING
In this subcategory, only cans that are washed at the point of manufac-
ture are regulated. No process wastewater is generated from the manufacture
of seamed cans, seamless cans made from coated stock, can ends, or can tops.
PSES
Maximum for Any One Day Maximum Monthly Average
Grams per
Pounds per
Grams per
Pounds per
Pollutant
1 million cans
1 million cans
1 million cans
1 million cans
manufactured
manufactured
manufactured
manufactured
Chromium
36.92
.081
15.10
.033
Copper
159.41
.351
83.90
.185
Zinc
122.49
.270
51.18
.113
Fluoride
4992.05
11.001
2214.96
4.883
Phosphorus
1401.13
3.089
573.04
1.263
Manganese
57.05
.126
24.33
.053
TTO
26.85
.059
12.59
.028
Oil and j
Grease
1678.00
3.699
1006.80
2.220
PSNS
Maximum "for Any One Day
Maximum Monthly Average
Grams per
Pounds per
Grams per
Pounds per
Pollutant
1 million cans
1 million cans
1 million cans
1 million cans
manufactured
manufactured
manufactured
manufactured
Chromium
27.98
.0617
11.45
.025
Copper
120.84
.267
63.60
.140
Zinc
92.86
.205
38.80
.086
Fluoride
3784.20
8.345
1679.04
3.702
Phosphorus
1062.12
2.342
434.39
.958
Manganese
43.25
.095
18.44
.041
TTO
20.35
.045
9.54
.021
Oil and j
Grease
1272.00
2.804
763.20
1.683
Oil and grease is an alternative monitoring parameter for TTO.
-6-
-------
c
£
K.
o-
6
-------
7568
Federal Register / Vol. 51, No. 43 / Wednesday, March 5, 1986 / Rules and Regulations
activity in the stimulated rat ovarian
microsomal system.
9. A mouse lymphoma forward
mutation assay; a DNA repair synthesis
study in rat liver culture systems; Ames
test in salmonella typhimurim and in E.
coIi\ and in vivo chromosome aberration
in the Chinese hamster. Fenarimol did
not demonstrate mutagenic activity in
any of these studies.
The adverse reproductive effects
(irreversible infertility) in rats are
considered species-specific caused by
testosterone aromatase inhibition. A
NOEL of 35 mg/kg bw/day for
reproductive effects was established in
the multigeneration reproduction study
in the guinea pig.
Data currently lacking is a 1-year
feeding study in dogs. This study has
been submitted to the Agency and is
presently being reviewed and evaluated.
The acceptable daily intake (ADI)
based on the 2-year rat chronic feeding
study (NOEL of 1.25 mg/kg bw/day) and
using a 100-fold safety factor is
calculated as 0.0125 mg/kg bw/day. The
maximum permitted intake (MPI) for a
60-kg person is calculated to be 0.75 mg/
day. The theoretical maximum residue
contribution (TMRC) from the tolerance
is 0.00005 mg/day and utilizes 0.12
percent of the ADI. No previous
tolerances have been established for
fenarimol. The chemical has
demonstrated oncogenic effect in rats,
producing a significant increase in
hepatic adenomas and hyperplastic
nodules at the highest dose tested (17.5
mg/kg bw/day). Based on these results,
a theoretical oncogenic risk for dietary
exposure from eating pecan meat
containing 0.1 ppm of fenarimol residues
was calculated to be 7.3 X 10~9.
The chemical also demonstrated the
teratogenic effect of hydronephrosisjat
35 mg/kg bw/day in rats. The NOEL, as
previously stated, for this effect was 13
mg/kg bw/day. Based on these data, a
margin of safety was calculated for a
single dietary portion of pecan meat
containing 0.1 ppm of fenarimol
residues. The margin of safety for
teratogenic effects is >56.000
The nature of the terminal residues in
pecans is adequately understood. No
data is available concerning the
metabolism in poultry and livestock.
However, pecan hulls are not
considered feed items for cither poultry
or livestock. Therefore. 40 CFR
180.6(a)(3) applies to this tolerance. An
adequate analytical method, gas
chromatography, is available for
enforcement purposes. There are
presently no actions pending against the
continued registration of fenarimol.
Any person adversely affected by this
regulation may, within 30 days after
publication of this document in the
Federal Register, file written objections
with the Hearing Clerk, at the address
given above. Such objections should
specify the provisions of the regulation
deemed objectionable and the grounds
for the objections. If a hearing is
requested, the objections must state the
issues for the hearing and the grounds
for the objections. A hearing will be
granted if the objections are supported
by grounds legally sufficient to justify
the relief sought.
The Office of Management and Budget
has exempted this rule from the
requirements of section 3 of Executive
Order 12291.
Pursuant to the requirements of the
Regulatory Flexibility Act (Pub. L. 98-
354, 94 Stat. 1164, 5 U.S.C. 601-612), the
Administrator has determined that
regulations establishing new tolerances
or raising tolerance levels or
establishing exemptions from tolerance
requirements do not have a significant
economic impact on a substantial
number of small entities. A certification
statement to this effect was published in
the Federal Register of May 4,1981 (46
FR 24950).
List of Subjects in 40 CFR Part 180
Administrative practice and
procedure. Agricultural commodities,
Pesticides and pests.
Dated. February 18, 1986.
Susan II. Sherman,
Acting Director. Office of Pesticide Programs.
Therefore, 40 CFR Part 180 is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for Part 180
continues to read as follows:
Authority: 21 U.S.C. 346a.
2. Section 180.421 is added to read as
follows:
§ 180.421 Fenarimol; tolerances for
residures.
Tolerances are established for
residues of the fungicide fenarimol
[alpha-(2-chlorophenyl)-alpha-(4-
chlorophenyl)-5-pyrimidinemethanol] in
or on the following raw agricultural
commodities:
Commodities
Parts per
rmllton
Pecans . .
01
[FR Doc 4487 Filed 3-4-86; 8:45 am)
BILLING CODE 6560-50-M
40 CFR Part 468
[OW-FRL-2942-1]
Copper Forming Point Source
Category Effluent Limitations
Guidelines, Pretreatment, Standards,
and New Source Performance
Standards
AGENCY: Environmental Protection
Agency (EPA).
action: Final regulation.
SUMMARY: EPA is amending 40 CFR Part
468, a regulation which limits effluent
discharges to waters of the United
States and the introduction of pollutanis
into publicly owned treatment works by
existing and new sources that form
copper and copper alloys ("copper
forming regulation"). EPA agreed to
propose and take final action on these
amendments in a settlement agreement
to resolve a lawsuit challenging the final
copper forming regulation promulgated
by EPA on August 15,1983 (48 FR 36942).
The amendments modify the copper
forming regulation as it applies to the
forming of beryllium copper.
DATES: In accordance with 40 CFR Part
23 (50 FR 7268, February 21.1985), this
regulation shall be considered issued for
the purpose of judicial review at 1:00
p.m. Eastern time on March 19.1986.
This regulation shall become effective
April 18,1986. Under section 509(b)(1) of
the Clean Water Act, judicial review of
this regulation can be made only by
filing a petition for review in the United
States Court of Appeals within 90 days
after the regulation is considered issued
for purposes of judicial review. Under
section 509(b)(2) of the Clean Water Act.
the requirements in this regulation may
not be challenged later in civil or
criminal proceedings brought by EPA to
enforce these requirements.
ADDRESS: Address questions on the final
rule to Ms. Janet K. Goodwin. Industrial
Technology Division (WH-552),
Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460.
The record for the final rule will be
available for public review not later
than April 4,1986 in the EPA Public
Information Reference Unit, Room 2404
(Rear) (EPA Library) 401 M Street, SW..
Washington, DC. The EPA information
regulation provides that a reasonable
fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT:
Questions regarding this notice may be
addressed to Mr. Ernst P. Hall at (202)
382-7128.
-------
Federal Register / Vol. 51, No. 43 / Wednesday, March 5, 1986 / Rules and Regulations 7589
SUPPLEMENTARY DtFORMATIOIC
Organization of this notice
I. Legal Authority
II. Background
III. Amendments to tbe Copper Forming
Regulation
IV. Environment.*! Impact of the
Amendment* to the Copper Forming
Regulation
V. Economic Impact of the Amendments
VI. ExecntFve Qwler 122B9
VII. Regulatory Flexibility Analysis
VIII. OMB Review.
IX. List of Subjects m 40 CFR Part 468
I. Legal Authority
The regulation described in this notice
is promulgated under the authority of
sections 301, 304. 306, 307. 308, and 501
of the Clean Water Act (the Federal
Water Pollution Control Act
Amendments of 1972, 33 U.&C. 1251 et
seqas amended by the Clean Water
Act of 1977, Pub. L. 92-217).
II. Background
On November 12,1982. EPA proposed
a regulation to establish effluent
limitations guidelines for existing direct
dischargers based on the best
practicable control technology currently
achievable ("BPT") and the best
available technology economically
achievable ("BAT'); new source
performance standards ("NSPS"") for
new direct dischargers; and
pretreatment standards for existing and
new indirect dischargers ("PSES" and
"PSNS", respectively) for the copper
forming point source category (47 FR
51279.) EPA published final effluent
limitations guidelines and standards fur
the copper forming category on August
15, l'J83 (40 CFR Part 468; 48 FR 36942)
and technical corrections to the final
rule on November 3,1963 (48 FR 50717).
This regulation established one
subcategory that applies to all
wastewater discharges resulting from
the forming of copper and copper alloys.
See 40 CFR 468.01. The preamble to the ,
final copper forming effluent limitations
guidelines and standards ("copper
farming regulation") contains a complete
discussion of the development of the
regulation.
Following promulgation of the copper
forming regulation. Brush Wellman. Inc.
("Brush ') and Cerro Copper Products
Company together with the Village of
Sauget ("Cerro") filed petitions to
review the regulation. These challenges
were consolidated into one lawsuit by
the United States Court of Appeals for
the Seventh Circuit (Cerro Copper
Products Company et al. v. EPA, Nos.
83-3053 and 84-1087.) At the request of
all parties, the two cases were
subsequently deconsolidated since each
raised distinctly different issues.
On September 23, 1984. EPA and
Brush executed a Settlement Agreement
to resolve all issues raised by Brash
with respect to the copper forming
effluent limitations guidelines and
standards. The Agreement applies only
to the challenges made by Brush: it does
not resolve challenges made by Cerro
nor is Cerro a party to the Agreement.
All the provisions in the copper forming
regulation challenged by Cerro were
upheld in Cerro Copper Products
Company v. Ruckelshaua (7th Cir.. July
1,1985).
Brush challenged the copper forming
regulation on the grounds that this
regulation and single subcategory were
not appropriate as applied to its
facilities for two related reasons. First,
Brush forms beryllium copper alloys that
differ from other copper alloys because
the beryllium oxide coating formed on
the surface of the metal during beat
-treating is both tenacious and abrasive
and must be removed by special
treatment before the alloys can be
further processed. Second, one facility
owned by Brush produces exclusively
very high gauge beryllium copper strip
and wire products. Brush claims this
causes the volume of wastewater and
mass of pollutants discharged to vary
significantly from other copper forming
plants.
Subsequent data and information
submitted by Brush which were not
available to EPA before promulgation
support its contention that beryllium
copper forming involves technical
considerations not adequately
addressed by the single subcategory of
the copper forming regulation. In
addition, substantial quantities of
beryllium will be present in
wastewaters from the removal of the
beryllium oxide coating which were not
taken into account during the copper
forming rulemaking.
Because of these differences, EPA
concluded that discharges from
beryllium copper forming are best
handled as a separate subcategory.
Accordingly, EPA agreed to propose
certain amendments to the copper
forming regulation and to take final
action on that proposal. Specifically,
EPA agreed to propose to exclude the
forming of beryllium copper alloys from
the existing copper forming regulation
and to create a new subcategory in the
regulation reserved for effluent
limitations guidelines and standards for
the forming of beryllium copper alloys.
EPA also agreed to propose that the
term "beryllium copper" shall mean
copper that is alloyed to contain 0.1
percent or more beryllium. Brush in turn
agreed that if the provisions of the
copper forming amendments were
consistent with the Settlement
Agreement, it would voluntarily dismiss
its petition for review and withdraw its
request for a "fundamentally different
factors" variance which it also
submitted pursuant to 40 CFR Part 125,
Subpart D. Brush also agreed not to seek
judicial review of any final amendments
that are consistent with the Settlement
Agreement.
As part of the Settlement Agreement,
the parties jointly requested the United
States Court of Appeals for the Seventh
Circuit to stay the effectiveness of 40
CFR Part 408 as it applies to discharges
from beryllium copper forming pending
final action by EPA on the amendments.
On November 8, 1984. the court denied
the joint motion. EPA and Brush
subsequently filed a joint motion to
reconsider the deniaL The court granted
the motion and entered the stay
described above on March 5,1985.
\ Therefore, 40 CFR Part 468, Subpart A,
l currently does not apply to discharges
vfrom beryllium copper forming. Copies
of the Settlement Agreement and the
court's stay have been sent to EPA
Regional Offices and State NPDES
Permit issuing authorities.
III. Amendments to the Copper Forming
Regulation
In accordance with the Settlement
Agreement, on June 24,1985, EPA
proposed to exdude the forming of
beryllium copper alloys from the
existing copper fanning regulation and
to create a new subcategory in the
regulation reserved for effluent
limitations guidelines and standards for
the forming of beryllium copper alloys.
EPA also proposed to define "beryllium
copper alloy" as specified in the
Settlement Agreement.
EPA received only one comment on
the proposal, from Brash Wellman.
Brush Wellman supported the proposal
to exclude beryllium copper alloys from
the copper forming regulation as well as
the proposed definition of "beryllium
copper alloy." Accordingly, EPA is
promulgating the proposed provisions as
final amendments to the copper forming
regulation.
Below is a detailed explanation of
those sections of the copper forming
regulation subject to these final
amendments. All limitations and
standards contained in the final copper
forming regulation published on August
15,1983 which are not specifically listed
below are not affected by the
amendments.
A. Section 488.01 Applicability. EPA
is correcting a typographical error
-------
7570 Federal Register / Vol. 51. No. 43 / Wednesday, March 5, 1986 / Rules and Regulations
changing the CFR unit from subpart to
part.
B. Section 468.02 Specialized
Definitions. EPA is adding a definition
for the term beryllium copper alloy to
mean an alloy of copper which is
annoyed to contain 0.10 percent
beryllium or greater. In the proposal, we
explained that this definition would
cover all beryllium copper alloys that
are manufactured or will be
manufactured within the forseeable
future. Also, any alloy with beryllium
present in this amount is expected to
have the unique properties
characteristic of all beryllium copper
alloys. We used the term "alloyed to
contain" to specify that the beryllium
must be intentionally added.
C. Section 468.10 Applicability;
description of the copper forming
subcategory. Section 468.10 of the final
copper forming rule contains only one
subcategory to cover discharges from
the forming of all copper and copper
alloys. This was based on information
available to the Agency at the time of
promulgation which indicated that
wastewater generated by forming any
copper alloy contained similar pollutant
constituents in amounts effectively
controlled by the same model
wastewater pollution control
technology. Accordingly, EPA
established a single subcategory in the
copper forming effluent limitations
guidelines and standards.
After promulgation, Brush submitted
information indicating that copper alloys
containing beryllium have unique
properties requiring different forming
tcchinques than the forming of other
copper alloys. These differences are
discussed in the preceding section of
this preamble. Because of these
differences, the Agency is excluding
beryllium copper forming from the
existing regulation and creating a new
subcategory reserved for effluent
limitations guidelines and standards for
all beryllium copper alloys. The Agency
made this change by adding "except
beryllium copper alloys" at the end of
§ 468.10, Applicability of Subpart A.
The final copper forming regulation
includes beryllium copper alloys in the
copper forming subcategory. EPA is
establishing a new Subpart B reserved
for a separate subcategory for beryllium
copper forming to account for significant
process differences from the forming of
other copper alloys. The Agency has
already begun gathering data relative to
beryllium copper forming and expects to
proposed limitations and standards for
this subcategory in the near future.
The unique physical properties of
beryllium copper alloys, which cause
unique forming problems, also apply to
other metal alloys containing significant
quantities of beryllium and pure
beryllium metal. Therefore, the Agency
may decide to combine the forming of
all alloys that are alloyed to contain
beryllium at 0.1 percent or greater under
one subcategory. Brush Wellman, in its
comments on both the notice of new
data for the nonferrous metals forming
category and the proposal to amend the
copper forming regulation (50 FR 26128,
June 24,1985). objected to this
suggestion. EPA is reserving judgment
on the appropriate categorization of
beryllium and beryllium alloys,
including beryllium copper, until it
gathers additional data and proposes
effluent limitations guidelines and
standards for beryllium copper.
IV. Environmental Impact of the
Amendments to the Copper Forming
Regulation
These amendments will not increase
the discharge of pollutants generated by
copper forming plants which continue to
be covered by the copper forming
requirements of Subpart A. EPA
estimates that five to nine plants are
affected by today's final amendments.
Until beryllium copper forming effluent
limitations guidelines and standards are
established, these plants will be
regulated on a case-by-case basis. The
Agency does not expect a significant
increase of pollutants discharged.
V. Economic Impact of the Amendments
The amendments will not alter the
recommended technologies for
complying with the copper forming
regulation. The Agency considered the
economic impact of the regulation when
the final regulation was promulgated
(see 48 FR 36948). These amendments
will not alter the determinations with
respect to the economic impact to
copper forming plants other than
beryllium copper forming and since
these amendments do not establish any
effluent requirements, they should have
no impact on beryllium copper forming
plants.
VI. Executive Order 12291
Under Executive Order 12291, EPA
must judge whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analysis. Major rules are defined as
rules that impose an annual cost to the
economy of $100 million or more, or
meet other economic criteria. This
regulation, like the copper regulation
promulgated August 15, 1983, is not
major because it does not fall within the
criteria for major regulations established
in Executive Order 12291.
VII. Regulatory Flexibility Analysis
Pub. L. 96-354 requires that EPA
prepare a Regulatory Flexibility
Analysis for regulations that have a
significant impact on a substantial
number of small entities. In the
preamble to the August 15,1983 final
copper forming regulation, the Agency
concluded that there would not be a
significant impact on a substantial
number of small entities (48 FR 36950).
For that reason, the Agency determined
that a formal regulatory flexibility
analysis was not required. That
conclusion is equally applicable to these
amendments, since the amendments
would not alter the economic impact of
the regulation. The agency did not,
therefore, prepare a formal analysis for
this regulation.
VIII. OMB Review
This regulation was submitted to the
Office of Management and Budget for
review as required by Executive Order
12291. Any comments from OMB to EPA
and any EPA response to those
comments are available for public
inspection at Room M2404, U.S. EPA.
401 M Street, SW., Washington, DC
20460 from 9:00 a.m. to 4:00 p.m. Monday
through Friday, excluding federal
holidays.
List of Subjects in 40 CFR Part 468
Copper forming, Water pollution
control, Waste treatment and disposal
Dated: February 24,1986.
Lee M. Thomas,
Administrator.
For the reasons state above, EPA is
amending 40 CFR Part 468 as follows:
PART 468—COPPER FORMING POINT
SOURCE CATEGORY
1. The authority citation for Part 468
continues to read as follows:
Authority: Sections 301, 304 (b), (c), (e), and
(g), 306 (b) and (c), 307 (b) and (c), 308, and
501 of the Clean Water Act [the Federal
Water Pollution Control Act Amendments of
1972, as amended by the Clean Water Act of
1977) (the "Act"): 33 U.S.C. 1311.1314 (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.
2. Section 468.01 is amended by
revising paragraph (a) to read as
follows:
9 468.01 Applicability.
(a) The provisions of this part are
applicable to discharges resulting from
the manufacture of formed copper and
copper alloy products. The forming
operations covered are hot rolling, cold
rolling, drawing, extrusion, and forging.
-------
Federal Register / Vol. 51, No. 43 / Wednesday, March 5, 198ti / Rules and Regulations 7571
The ousting of copper and copper alloys
is not controlled by this part. (See 40
Cl'R P.irt 451.)
» « * » «
3. Section 468.02 is amended by
adding a new paragraph (y) to read as
follows:
§ 468.02 Specialized Definition*. .
• * * * •
(y) The term "beryllium copper alloy"
shall mean any copper alloy that is
alloyed to contain 0.10 percent or
greater beryllium.
4. Section 468.10 is revised to read as
follows:
§ 468.10 Applicability, description of the
copper forming subcatgory.
This subpart applies to discharges of
pullutants to waters of the United
States, and introduction of pollutants
into publicly owned treatment works
from the forming of copper and copper
alloys except beryllium copper alloys.
5. Part 4G8 is amended by adding a
new subpart (D) as follows:
Subpart B—Beryllium Copper Forming
Subcategory
§ 468.20 Applicability; description of the
beiylliuin coppr forming subcategory.
This subpart applies to discharges of
pollutants to waters of the United
Slates, and introduction of pollutants
into publicly owned treatment works
from the forming of beryllium copper
alloys.
Il-'R Doc 4752 Filed 1-4-86, 8.45 am|
BILLING CODE 8S60-M-M
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 101-26
IFPMR Amdt. E-2591
Procurement Sources and Programs;
Dollar Thresholds, for Billing
Adjustments
agency: Federal Supply Service, CSA.
action: Final rule.
summary: This regulation deletes the
$25 threshold for billing adjustments
prescribed in the FPMR and replaces it
with a reference to the current
thresholds in the GSA Handbook,
Discrepancies or Deficiencies in GSA or
DoD Shipments, Material, or Billings
(FPMR 101-26.8). This will update and
simplfy the FPMR coverage on dollar
thresholds for billing adjustments.
FOR FURTHER INFORMATION CONTACT:
Gary L. Hood, Deputy Director,
Inventory and Requisition Management
Division (703-557-8570).
SUPPLEMENTARY INFORMATION: The
General Services Administration has
determined that this rul2 is not a major
rule for the purposes of Executive Order
12291 of February 17, 1981, because it is
•not likely to result in an annual effect on
the economy of S100 million or more; a
major increase in costs to consumers or
others; or significant adverse effects.
'1 he General Services Administration
has based all administrative decisions
underlying this rule on adequate
information concerning the need for and
consequences of this rule; has
determined that the potential benefits to
society from this rule outweigh the
potential costs and has maximized the
net benefits; and has chosen the
alternative approach involving the least
net cost to society.
List of Subjects in 41 CFR Part 101-26
Government property management.
1. The authority citation for Part 101-
26 continues to read as follows:
Authority: Sec. 205(i:), 63 Slut. 390; 40
U S.C 4fl6(c).
2. Section 101-26.803-2 is revised to .
read as follows:
§ 101-26.803-2 Adjustments.
GSA and DoD will adjust billings
whenever the difference involved,
resulting from over or under charges or
discrepancies or deficiencies in
shipments or material, meets the dollar
value requirement prescribed in the
GSA Handbook, Discrepancies or
Deficiencies in GSA or DoD Shipments.
Material, or Billings (FPMR 101-26.8).
Dated: February 19, 1980.
T.C. Golden,
Administrator of General Services.
[FR Doc. Btt-1745 Filed 3-4- 80; 3:45 um|
BILLING COOS M20-24-M
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 25, 28 and 29
Easements, Clarification of
Jurisdiction; National Wildlife Refuge
System
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule.
SUMMARY: This rule revises portions of
50 CFR Subchapter C to clarify the
applicability of U.S. Fish and Wildlife
Service (Service) regulations in
easement areas. These revisions clarify
misinterpretations that have arisen
concerning the application of certain
Service regulations to areas of the
National Wildlife Refuge System that
were acquired in less than fee title
through easement and are administered
by the Service. The rule adds und
defines the terms "easement" and
"coordination area," and redefines
"national wildlife refuge" and "wildlife
management area." It also states the
requirement for special use permits for
certain types of activities in easement
ureas, and the regional directors'
authority tu issue those permits.
EFFECTIVE DATE: April 4, 1986.
FOR FURTHER INFORMATION CONTACT
James F. Gillett, Chief, Division of
Refuge Management, Room 2343
Interior, U.S. Fish and Wildlife Set vice,
Washington. DC 20240; Telephone (202)
343-4311.
SUPPLEMENTARY INFORMATION:
Subchapter C, 50 CFR Parts 25 through
29 contain the administrative, public use
and land use management provisions for
the National Wildlife Refuge System
(NWRS). The purposes of those
regulations are to, among other things,
regulate general administration of
various units of the NWRS and provide
for issuing permits for activities
otherwise prohibited on such units. The
National Wildlife Refuge System
Administration Act (NRSAA), lb U S C.
668dd et seq.. defines these units as
ir.cluding land, water and interests
. therein which are administered as
national wildlife refuges, endangered or
threatened species habitat, wildlife
ranges, game ranges, wildlife
management areas and waterfowl
production areas. Consistent with tins
defintion in the NWRSAA, regulation's
in Subchapter C define the NWRS as
including any Service interest in land
and water, including less than fee
simple interests such as wetland
easements. Application of this definition
has been misconstrued by some to m>mii
that all of the general regulations for ihe
NWRS in subchapter C are applicable to
areas acquired by the Service through
easement agreement. This makes the
regulations subject to an overly
expansive interpretation. It was not :he
original intent of the rules, nor dues it
accurately reflect how the rules have
been either interpreted or administered
by the Service. Rather, the Service hus
always considered only some of the
regulations as applicable to NWRS
easement areas, given the limited
property interest the Service acquires in
those areas. In order to clarify which
regulations do or do not apply to less
than fee areas, the Service decided to
issue a revised set of regulations on this
subject.
-------
Monday
August 15, 1983
Part II
Environmental
Protection Agency
Effluent Limitations Guidelines,
Pretreatment Standards, and New Source
Performance Standards; Copper Forming
Point Source Category
-------
36942
Federal Register / Vol. 48, No. 158 / Monday, August 15. 1983 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 468
IOW-FRL-2401-3]
Copper Forming Point Source
Category; Effluent Limitations
Guidelines, Pretreatment Standards,
and New Source Performance
Standards
AGENCY: Environmental Protection
Agency (EPA).
action: Final rule.
SUMMARY: This regulation establishes
effluent limitations guidelines and
standards limiting the discharge of
pollutants into navigable waters and
into publicly owned treatment works
(POTW) by existing and new sources
that conduct copper forming operations.
The Clean Water Act and a consent
decree require EPA to issue this
regulation.
This regulation establishes effluent
limitations based on "best practicable
technology" and "best available
technology", new source performance
standards based on "best demonstrated
technology", and pretreatment
standards for existing and new indirect
dischargers.
dates: In accordance with 40 CFR
100.01 (45 FR 26048), this regulation shall
be considered issued for purposes of
judicial review at 1:00 p.m. Eastern time
on August 26,1983. This regulation shall
become effective September 26,1983.
The compliance date for the BAT
regulations is as soon as possible, but in
any event, no later than July 1,1984. The
compliance date for new source
performance standards (NSPS) and
pretreatment standards for new sources
(PSNS) is the date the new source
begins operations. The compliance date
for pretreatment standards for existing
sources (PSES) is three years after date
of publication in the Federal Register.
Under Section 509(b)(1) of the Clean
Water Act, judicial review of this
regulation can be made only by filing a
petition for review in the United States
Court of Appeals within 90 days after
the regulation is considered issued for
purposes of judicial review. Under
Section 509(b)(2) of the Clean Water
Act, the requirements in this regulation
may not be challenged later in civil or
criminal proceedings brought by EPA to
enforce these requirements.
The Record will be available for
public review not later than 65 days
after publication in the Federal Register
in EPA's Public Information Reference
Unit, Room 2404 (Rear) (EPA Library).
401 M Street, SW., Washington. D.C.
The EPA public information regulation
(40 CFR Part 2) provides that a
reasonable fee may be charged for
copying.
ADDRESSES: The basis for this regulation
is detailed in four major documents. See
Supplementary Information (under
"XIV. Availability of Technical
Information") for a description of each
document. Copies of the technical and
economic documents may be obtained
from the National Technical Information
Service, Springfield, Virginia 22161 (703/
487-4600). For additional technical
information, contact Mr. David Pepson,
Effluent Guidelines Division. U.S.
Environmental Protection Agency^401 M
Street. SW., Washington, D.C. 20460
(Phone (20?) 382-7126). For additional
economic information contact Ms. Ann
Watkins, Economic Analysis Staff (WH-
586), U.S. Environmental Protection
Agency, 401 M Street. SW., Washington,
D.C. 20460 (Phone (202) 382-5387).
FOR FURTHER INFORMATION CONTACT
Ernst P. Hall, (202) 382-7128.
SUPPLEMENTARY INFORMATION:
Organization of This Notice
I Legal Authority
II. Scope of This Rulemaking
III. Summary' cf Legal Background
IV. Methodology and Data Gathering Efforts
V Control Treatment Options and
Technology Basis for Final Regulations
A. Summary of Category
B. Control and Treatment Options
C Technology Basis for Final Regulations
VI. Economic Consideration
A Costs and Economic Impact
B Executive Order 12291
C. Regulatory Flexibility Analysis
D SBA Loans
VII. Nonwater Quahty Environmental
Impacts
A Air Pollution
B Solid Waste
C. Consumptive Water Loss
D. Energy Requirements
VIII. Pollutants Not Regulated
IX. Public Participation and Response to
Major Comments
X. Beat Management Practices
XL Upset and Bypass Provisions
XII. Variances and Modifications
XIII. Implementation of Limitations and
Standards
A. Relationship to N'PDES Permits
B Indirect Discharges
XIV. Availability of Technical Information
XV. List of Subjects in 40 CFR Part 468
XVI. Appendices
A. Abbreviations, Acronyms, arid Other
Terms Used in this Notice
B. Toxic Pollutants Not Detected m Copper
Forming Wastewater
C. Pollutants Present in Amounts Too
Small to be Treated Using Technology
Known to the Administrator
D Toxic Pollutants Controlled But Not
Specifically Regulated
E. Toxic Pollutants Unique to One Plant
F. Toxic Organics Comprising Toial Toxic
Organics (TTO)
I. Legal Authority
This regulation is 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 USC 1251 et
seq.. as amended by the Clean Water
Act of 1977. Pub L. 95-217), also called
"the Act". It is also being promulgated
m response to the Settlement Agreement
in Natural Resources Defense Council.
Inc v. Tram. 8 ERC 2120 (D.D C. 1976).
modified. 12 ERC 1833 (D.D.C. 1979),
modified by Order dated October 26,
1982.
II. Scope of This Rulemaking
This final regulation, which was
proposed on November 12, 1982 (47 FR
51278) and corrected on January 14,1983
(48 FR 1769), establishes effluent
limitations guidelines and standards for
existing and new copper forming
facilities. Copper forming consists of the
five basic processes used to form copper
or copper alloys: hot rolling, cold rolling,
extrusion, drawing, and forging. Casting
of copper and copper alloys, even when
conducted in conjunction with copper
forming, is not covered by this ;
regulation; it is regulated under the
metal molding and casting regulation.
The manufacture of copper powders and
the forming of parts from copper or
copper alloy powders is to be regulated
under the nonferrous metals forming
regulation.
EPA is promulgating BPT, BAT, new
source performance standards (NSPS),
and pretreatment standards for existing
and new sources (PSES and PSNS,
respectively) for the copper forming
category.
III. Summary of Legal Background
The Federal Water Pollution Control
Act Amendments of 1972 established a
comprehensive program to "restore and
maintain the chemical, physical, and
biological integrity of the Nation's
waters", Section 101(a). To implement
the Act, EPA was to issue effluent
limitations guidelines, 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 "Settlement
Agreement" which was approved by the
court. This agreement required EPA to
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36943
develop a program ar.d adhere to a
pct.eduie for controlling 65 "pr.onty"
Dollutants and classes of pollutants. In
cc. Trying out this program. EPA must
promulgate BAT effluent limitations
gv.doknts, pretreatment standards, and
new source performance standards for
major industries. See Natural
Resources Defense Council. Inc. v.
Train. 8 EKC 2120 (D D C. 19761.
modified, 12 ERC 1333 (D D.C. 1979],
modified by Order dated October 26,
ia32.
M;:ny of the basic elements of the
Settlement Agreement were
incorporated into the Clear: Water Act
c: 1977. Ijka 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 teaks. sludge or waste
disposav and drainage from raw
niaterial storage associated with, or
ancillary to. the manufacturing or
treatment process
Under the Act. the EPA is to set a
ivimber of different kinds of effluent
limitations. These are discussed in
detail in the preamble to the proposed
rr-gulation and m the Development
Document They are summarized briefly
below.
I 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
'ndustry or subcategory for control of
familiar (' e. classical) pollutants
in establishing BPT limitations, we
consider the total cost in relation to the
figejjfequipment and facilities involved,
the processes-employie.d.-proce^s—"
changes required, engineering aspects of
ir.e control technologies, and r.onwater
quality environmental impacts
(.ncluding energy requirements). We
balance the total cost of applying the
technology against the effluent
reduction.
J Rest Available Technology (BAT)
SAT limitations, in general, represent
the. best existing performance 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
iscili'.ies involved, the process
employed, the engineering aspecis of the
con; ol technologies, process changes,
the cost of achieving such effluent
reduction, and nor.water quality
environmental impacts. The Agency
retains considerable discretion in
assigning the weight to be accorded
thsst factors.
3 Best Conventional Pollutant Control
Technology (BCT)
The 1977 Amendments to the Clean
Water Act added Section 301(b)(2)(E),
establishing "best conventional
pollutant control technology" (BCT) for
discharge of conventional pollutants
from existing industrial point sources.
Section 304(a)(4) designated the
following as conventional pollutants.
EOD, TSS. fecal coliform. pH, and any
additional pollutants defined by the
Administrator as conventional The
Administrator designated oil and grease
"conventional" on July 30. 1979 (44 FR
44501).
ECT is not an additional limilauon but
replaces BAT for the control of
conventional pollutants. In addition to
other factors specified in Section
304(b)(4)(B). the Act requires that BCT
limitations be assessed in light of a two
part "cost-reasonableness" test
American Paper Institute v. EPA, 660
F.2d 954 (4th Cir. 1981). The first teat
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 bo less
stringent than BPT.
EFA 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
ordered EPA to correct data errors
underlying EPA's calculation of the first
test, and to apply the second cost test.
(EPA argued that a second cost test was
not required.)
A revised methodology for the general
development of BCT limitations was
proposed on October 29, 1982 (47 FR
49176;. ECT limits for this industry are
accordingly deferred until promulgation
of the final methodology for BCT
development,
4. New Source Performance Standards
(NSPS)
NSPS are based on the best available
demonstrated technology (BDT], New
plants have the opportunity to install the
best and most efficient production
processes and wastewater treatmeni
technologies.
5 Pretreatment Standards for Existing
Sources (PSESj
PSES are designed to prevent the
discharge of pollutants that pass
through, interfere with, or are otherwise
incompatible with the operation of
publicly owned treatment works
(POTW). They must be achieved within
three years of promulgation. The Clean
Water Act of 1977 requires pretreetmer.t
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 nationwide average
percentage 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 Regulation, which serves
as the framework for categorical
pretreatment regulations, is found at 40
CFR Part 403
6 Pretreatment Standards for New
Sources (PSNS)
Like PSES, PSNS are designed to
prevent the discharge of pollutants
which pass through, interfere with, or
are otherwise incompatible with the
operation of a POTW. PSNS are to be
issued at the 3ame time as NSPS. New
indirect dischargers, like new direct
dischargers, have the opportunity to
incorporate in their plant the best
available demonstrated technolgies. The
Agency considers the same factors in
promulgating PSNS as it considers in
promulgating PSES.
IV. 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 Copper
Forming Point Source Category Effluent
Limitations Guidelines, Pretreatment
Standards, and New Source
Performance Standards" (47 FR 51278,
November 12. 1982), and described in
detail in the Development Document for
Effluent Limitations Guidelines and
Standards for the Copper Forming Point
Source Category. Since proposal, the
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36944 Federal Register / Vol. 48. No. 158 / Monday, August 15, 1983 / Rules and Regulations
Agency has gathered some additional
data and performed additional
statistical and engineering analyses of
new and existing data. These activities
are discussed briefly below and in
substantial detail in the appropriate
sections of the development document.
These additional data are in the public
record supporting this rule.
The existing treatment effectiveness
data were reviewed thoroughly
following proposal in order to respond
to comments and assure that all data
were properly considered. As a result of
this review, minor additions and
deletions were made to the Agency's
treatment effectiveness data base.
These changes are documented in the
record along with responses to
comments. Following the changes,
statistical analyses performed prior to
proposal were repeated. Conclusions
reached prior to proposal were
unchanged and little or no effect on the
final limitations occurred as a result of
changes in the data.
EPA also collected discharge
monitoring reports (DMR) for 19
discharges from 15 copper forming
plants from state and regional EPA
offices. Discharge monitoring reports
provide monthly average effluent
concentrations of copper and some other
metals. These data were not used in the
actual development of the final
limitations but were used as a check on
the validity of the treatment
effectiveness values estimated by the
Agency. In general, the agreement
between EPA estimated values and the
DMR concentrations was good.
EPA conducted an engineering site
visit to a forging plant in order to gather
information regarding water use for both
baths and rinses of forged parts. In
addition, two plants submitted
production normalized flow data for
pickling and alkaline cleaning rinsing of
forged parts. The Agency relied upon
these data to reevaluate regulatory
flows for these processes when
performed on forged parts.
Additional data were obtained from
plants as to the disposal of wastewater
from drawing operations. We contacted
28 drawing plants to confirm, and if
appropriate, update the information
provided in the Agency's 1978 data
collection requests on their disposal
methods for drawing spent lubricant. Ln
addition, we contacted a number of
states to determine whether they require
disposal of drawing spent lubricants as
hazardous wastes.
Data relating to waste streams for
which flow allowances were not
provided by the proposed regulation
were obtained from industry. These data
consist of production normalized flow
data for tumbling or burnishing, surface
coating, hydrostatic testing, sawing,
surface milling, and'maintenance.
Additional data were provided by two
plants to support their individual
comments on the nature of wastewater
sludges. These data consist of the
results of EP toxicity testing performed
in accordance with federal hazardous
waste regulations (40 CFR 261.24).
Subsequent to proposal, the Agency
revised its analysis of the cost of model
treatment systems used as the basis for
limitations and standards. As a
consequence, estimated costs of
compliance were increased. Section VIII
of the technical development document
and related documents in the record
explain the basic for the revised costs
estimates.
EPA received economic surveys, since
proposal from two plants that had not
returned them prior to proposal and
identified one other copper former that
wa3 not in EPA's economic data base
prior to proposal. Also, a plant which
was not a copper former has been
excluded from the economic data base.
Thus, EPA's estimated number of copper
formers remains the same: 176.
V. Control Treatment Options and
Technology Basis for Final Regulations
A. Summary of Category
Copper forming is a term used to
describe five basic operations used to
form copper and copper alloys: hot
rolling, cold rolling, extrusion, drawing,
and forging. In addition to these forming
operations, there are nine surface
cleaning and heat treatment processes
which impart desired surface and
physical properties to the metal. These
ancillary operations are annealing with
oil, annealing with water, pickling bath
and rinse, pickling fume scrubber,
alkaline bath and rinse, extrusion press
solution heat treatment, and solution
heat treatment. In addition, copper
forming facilities may perform tumbling
or burnishing, surface coating,
hydrotesting, surface milling, and
sawing.
The Agency considered a number of
factors to determine whether
subcategorization is needed in the
copper forming category. After
consideration of these factors, the
Agency has determined that the copper
forming category is most appropriately
regulated as a single subcategory.
Raw materials used by copper forming
plants originate in the casting processes
of copper refineries and are commonly
in the form of wire bars, cakes or slabs,
and billets. In some instances they take
the form of rod, wire, or strip obtained
from another copper former. Copper
alloys are frequently employed by the
copper forming industry. For the
purposes of this regulation, copper
alloys include any alloy in which copper
is the major constituent. Principal alloys
processed by copper formers include
brass, bronze, leaded brass, leaded
brone, nickel silvers, phosphor bronze,
aluminum bronze, silicon bronze,
beryllium copper, and cuprcnickel.
Wastewater at copper forming plants
is generated from both the forming and
ancillary operations. Hot rolling, cold
rolling, and drawing utilize water, oil-
water emulsions, or soluble oil-water
mixtures as lubricants to reduce
frictional forces in the metal
deformation process. These waste
streams are termed hot rolling spent
lubricant, cold rolling spent lubricant,
and drawing spent lubricant,
respectively. After being hot rolled, cold
rolled, drawn, or extruded, copper
products can be cooled in a water bath.
This practice is termed solution heat
treatment and is considered an ancillary
operation. Some extrusion operations
utilize emulsified or soluble oils to
quench extruded parts, particularly
during submerged extrusion press
operations. This waste stream is termed
extrusion solution heat treatment
wastewater and is also considered an
ancillary waste stream.
The remaining ancillary operations
use water for cooling, cleaning, and
rinsing. Annealing operations involve
heating copper or a copper alloy to an
elevated temperature in order to reduce
stresses within the metal. The annealing
process generally includes a water, oil,
or oil-water quench to cool the annealed
product. When the quench is comprised
predominantly of water, the operation is
termed annealing with water: whereas,
when the quench is predominantly oil. it
is termed annealing with oil. Pickling
baths and rinses are used after forming
operations to remove oxidized metal
from the copper surfaces. These baths
and rinse tanks are periodically batch
dumped or continuously discharged,
resulting in pickling bath and pickling
rinse waste streams. In addition, some
plants use wet scrubbers to control the
release of pickling fumes resulting in a
fume scrubber wastewater stream.
Alkaline cleaning is not widely
practiced. When found, it precedes or
follows annealing and is used to remove
oil, tarnish, and smut from the copper
surface. It may also precede pickling
operations. Alkaline cleaning baths and
rinses are periodically batch dumped or
continuously discharged resulting in
wastewater discharges.
A number of other waste streams can
be generated at copper forming
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Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 38945
facilities. Tumbling or burnishing is used
to polish, debur. remove sharp corners,
and generally smooth parts for cosmetic
and functional purposes. Water or oil-
water lubricants are sometimes used to
lubricate and cool the process which
generally is done in vibrating trays or
rotating drums. In addition, water is
used to rinse the finished parts and
clean the abrasive media. Surface
coating involves coating a newly formed
copper sheet in a bath of molten metal.
Waste streams associated with this
operation include a flux bath used to
prepare the sheet for coating, emission
scrubbing water generated by
controlling vapors over the flux bath,
and spent abrasive used to finish the
surface of the coated sheet.
Hydrotesting operations are used to
check copper parts for surface defects or
subsurface imperfections. Parts are
submerged in a water bath and
subjected to ultrasonic signals, high
pressure, or air pressure. Such baths are
periodically discharged, Sawing is
performed on copper parts to remove
defects and for cutting to size. Milling is
used to remove surface irregularities
and oxidation from copper and brass
sheet. Sawing and milling operations use
water soluble oil lubricants to provide
cooling and lubrication. Maintenance
operations such as machinery repair
may generate a variety of wastewaters,
usually associated with the removal of
production related soils and dirt so that
the maintenance functions can be
performed.
Pollutants found in significant
amounts in copper forming waste
streams include: chromium, copper,
lead, nickel and zinc; toxic organics; and
suspended solids, pH, and oil and
grease. In addition, the sludges
generated by treatment of these
wastewaters usually contain large
quantities of toxic metals.
There are 176 facilities in the copper
forming category; these facilities employ
a total of 43,000 people. Total production
capacity is approximately 3.5 million
kkg/yr. Within the category, 37 facilities
discharge to navigable wastewaters, 45
facilities discharge to POTW's, and 94
plants do not discharge wastewater.
B. Control and Treatment Technologies
Prior to proposal of the copper
forming regulation, EPA considered a
wide range of control and treatment
options including both in-process
changes and end-of-pipe treatment.
These options are discussed in detail in
the preamble to the proposed copper
forming regulation and in the
development document. No major
changes have been made to the
technology options considered for the
final rule from those considered for the
proposed rule. The control and
treatment technologies used as the basis
for the final limitations and standards
are described below.
In-process controls include a variety
of flow reduction techniques and
process changes such as countercurrent
cascade rinsing, spray rinsing, recycle of
treated lubricants and cooling water,
and recycle of bath and rinse water.
End-of-pipe treatment includes:
Chemical reduction of chromium:
chemical precipitation of metal ions
using hydroxides or carbonates; removal
of precipitated metals by settling; pH
control; oil skimming; chemical emulsion
breaking; and filtration. These treatment
technologies are described in detail m
Section VII of the development
document.
The treatment effectiveness of the
above treatment technologies has been
evaluated by observing the performance
of these technologies on copper forming
and other similar wastewaters.
The data base for the performance of
hydroxide precipitation—sedimentation
technology is a composite of data drawn
from EPA sampling and analysis of
copper forming, aluminum forming,
battery manufacturing, porcelain
enameling, and coil coating
wastewaters. These data, collectively
called the combined metals data base,
report influent and effluent
concentrations for nine pollutants. The
wastewaters are judged to be similar for
treatment in all material respects
because they contain a range of
dissolved metals which can be removed
by precipitation and solids removal.
We regard the combined metals data
base as the best available measure for
establishing the concentrations
attainable with hydroxide precipitation
and sedimentation. Our determination is
based on the similarity of the raw
wastewaters as generally determined by
statistical analysis for homogeneity (a
separate study of statistical
homogeneity of these wastewaters is
part of the record of this rulemaking),
the larger number of plants used (20
plants versus four copper forming plants
available), and the larger number of
data points available for each pollutant.
The larger quantity of data in the
combined metals data base, as well as a
greater variety of influent
concentrations, enhances the Agency's
ability to estimate long-term
performance and variability through
statistical analysis.
The Agency also examined the
performance of lime, settle, and filter
technology based on the performance of
full-scale commercial systems treating
porcelain enameling and nonferrous
wastewaters. Two copper forming
plants reported that they are using a
filter. Thus this technology is
demonstrated on copper forming
wastewaters. The Agency made the
determination that wastewaters from
porcelain enameling and copper forming
are similar in all material respects based
on engineering considerations and the
analysis of the combined data set for
lime and settle treatment. Similarly, the
Agency determined that the wastewater
from one nonferrous metals plant that
uses lime, settle and filter is similar in
all material respects to the raw
wastewaters in the combined metals
data base. Therefore, the performance of
lime, settle, and filter technology can be
applied to copper forming wastewaters.
The combined metals data is discussed
in more detail in Section IX. Public
Participation and Response to
Comments, in Section VII of the
development document and m the
document "A Statistical Analysis of the
Combined Metals Industries Effluent
Data" in the administrative record.
Flow reduction is a significant part of
the overall pollutant reduction
technology. Because of this the Agency
is promulgating mass-based limitations
and standards which take into account
significant flow reduction thereby
ensuring that adequate pollution control
is achieved. The limitations and
standards established for this category
are mass-based (mass of pollutant
allowed to be discharged per unit of
production) and are derived as the
product of the regulatory flow and the
overall treatment effectiveness. The
regulatory flows are based on flow data,
normalized to production, supplied by
the industry.
C. Technology Basis for Final
Regulations
A brief summary of the technology
basis for the regulation is presented
below. A more detailed summary is
presented in the "Preamble to the
Proposed Copper Forming Point Source
Category Effluent Limitations
Guidelines, Pretreatment Standards, and
New Source Performance Standards" (47
FR 51278 (November 12. 1982)) and the
Development Document for Effluent
Limitations Guidelines and Standards
for the Copper Forming Point Source
Category.
BPT: EPA is promulgating BPT mass
limitations based on end-of-pipe
treatment, which consists of lime
precipitation and settling, and, where
necessary, preliminary treatment
consisting of chemical emulsion
breaking, oil skimming! and chemical
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36946 Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
reduction of chromium. The end-of-pipe
treatment technology basis for the BPT
limitations being promulgated ia the
same as that for the proposed
limitations.
In developing BPT limitations, the
Agency considered the amount of water
used per unit of production (liters per
metric ton) for each wastewater stream.
The regulatory flow allowances for BPT
remain the same as those proposed with
the exception of the regulatory flow
allowances for pickling and alkaline
rir.se waters for forged parts and
drawing spent lubricant. In addition, we
are adding discharge allowances for six
copper forming operations which
generate small amounts of wastewater.
These flow allowances are discussed
briefly below and in more detail in
Section IX of this preamble and in
Section IX of the development
document. The limitations presented in
the final BPT regulation reflect these
changes.
The flow allowances for pickling and
alkaline rinse waters were increased
over the proposed allowances in the
case of forged parts. These changes are
made because these parts have cavities
which trap and carry significant
amounts of pickling and alkaline
cleaning bath to the rinse stage. This
added carry out requires more rinse
water to achieve required product
cleanliness than that required for flat
and simple shapes of parts.
Two plants submitted production
normalized flow data which we
averaged to obtain the BPT regulatory
flows for pickling and alkaline cleaning
for forged parts. These flows are 3,918 1/
kkg and 12,642 l/kkg, respectively. The
technology basis for these flows is
equivalent to the technology which
these plants presently employ: spray
rinsing and recirculation for pickling
rinse and flow normalization for
alkaline cleaning rinse. Our review of all
flow data for these operations shows
that these flow allowances represent the
average of the best.
The final rule provides a regulatory
flow allowance and discharge
limitations for drawing spent lubricant.
At proposal, EPA established-a zero
discharge flow allowance for drawing
spent lubricant based on the industry
reported practice of contract hauling.
Commenters requested that a flow
allowance be established, as an
alternative to contract hauling, bo that
drawing spent lubricant could be treated
and discharged. The commenters
asserted, among other things, that zero
discharge for this stream based on
contract hauling may not provide any
environmental benefit and only requires
copper formers tcxpay for a service they
can in many instances provide for
themselves. The basis for their assertion
is that contract haulers merely transfer
the waste to a waste treatment facility
or an oil reclaimer who in turn
processes the waste by recovering the
oil component and discharging the water
fraction either with or without
treatment. The commenters further point
out that the model treatment
technologies used to establish BPT limits
would effectively treat drawing spent
lubricants. The oil-water mixture is
separated by chemical emulsion
breaking. The oil fraction is then
removed by skimming, while the
remaining water fraction is discharged
to lime and setde treatment for toxic
metals removal. Any remaining
pollutant discharged would be
approximately the same as ultimately
discharged by a reclaimer or treatment
facility.
We believe that these comments
support a flow allowance and that a
discharge limitation for drawing spent
lubricant is justified for all plants that
actually treat and discharge this stream.
The BPT regulatory flow for drawing
spent lubricant is 85 l/kkg. This flow is
based on the average of all plants which
reported a discharge for their drawing
operation in EPA's 1978 data gathering
effort. The regulatory flow is based on
recycle because this in-process control
was reported by all of the plants. A
further discussion of the drawing spent
lubricant flow allowance can be found
in Section IX of this preamble. Section
IX of the development document, and in
EPA's response to comment document
The Agency is also providing flow
allowances for some waste streams
which were not covered in the proposed
copper forming regulation. These flow
allowances are being made in response
to comments that these wastewater
streams result from copper forming
processes and therefore should be given
flow allowances to ensure that mass-
based effluent limitations and standards
equitably reflect the amount of water
required by a plant for its manufacturing
operation. The technology basis for each
of the flows is flow normalization and
the regulatory flows for each are based
on plant data submitted in support of
comments.
Flow allowances for tumbling and
burnishing and surface coating are
established at 583 l/kkg and 743 l/kkg,
respectively. Hydrotesting, sawing,
surface milling, and maintenance are
covered under a miscellaneous waste
stream allowance of 21.8 l/kkg. Since
maintenance covers a wide range of
operations or functions which are not
and probably can not be specifically
enumerated in all cases, we intend the
miscellaneous allowance to include any
maintenance related wastewaters not
specifically regulated in other specific
wastewater streams. This miscellaneous
allowance is applicable to airy plant
with any or all of the four operations
The pollutants selected for limitation
at BPT are: chromium, ropper, lead,
nickel, zinc, oil and grease, total
suspended solids (TSS], and pH. These
are the same pollutants that were
selected for regulation in the proposed
rule.
Implementation of the BPT limitations
will remove annually an estimated
27,000 kg of toxic pollutants (metals and
organics) and 56.000 kg of conventional
pollutants (from estimated current
discharge) at a capital cost, above
equipment in place, of $6 4 million and a
total annual cost of $6.6 million. The
Agency estimates that 11 of the 37 direct
dischargers presently or would with
minor modifications meet the BPT
limitations. The Agency has determined
that the effluent reduction benefits
associated with compliance with BPT
limitations justify the costs.
BAT: EPA is promulgating BAT mass
limitations based on the BPT model end-
of-pipe treatment and flow reduction by
approximately 60 percent of the BPT
flow. The treatment technology basis for
the promulgated BAT is the same as that
for the proposed limitation.
In developing BAT limitations, the
Agency considered the amount of water
used per unit of production (liters per
metric ton) for each wasterwater stream.
The BAT regulatory flow allowances
reflect those changes made since
proposal for BPT as discussed in the
preceding section.
In the case of pickling and alkaline
cleaning rinse allowances for forged
parts, the Agency considered the option
of countercurrent rinsing at BAT for
additional reduction of the BPT flow.
However, as discussed in the proposed
rule, most existing plants that perform
forging operations do not have sufficient
space to install countercurrent rinse
tanks. Therefore the BAT regulatory
flow allowances for these streams are
equivalent to those provided at BPT.
The BPT regulatory flow allowance
provided for drawing spent lubricants is
based on extensive recycle. The Agency
has no data available to support flow
reduction beyond that required at BPT.
Accordingly, the BAT regulatory flow
allowance for drawing spent lubricant is
equivalent to the BPT regulatory flow
allowance.
Tumbling or burnishing, surface
coating, and miscellaneous waste
stream allowances are based on current
reported industry practice and do not
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Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36947
require in process flow reduction
controls These streams have low flows
and will only increase BAT pollutant
discharges above proposed levels by
less than 2 percent. We have no data to
support reduction of these flows and
believe that further flow reduction
would not significantly affect pollutant
removal. Therefore BAT flows are
equivalent to BPT. The limitations
presented in the final BAT regulation
reflect these changes.
The pollutants selected for regulation
are: chromium, copper, lead, nickel, and
zinc. These are the same pollutants that
were selected for regulation in the
proposed rule. Toxic organics are not
regulated at BAT because the oil and
grease limitation at BPT should provide
adequate removal (approximately 97
percent). Similarly, the toxic metals
antimony, arsenic, beryllium, cadmium,
silver, and selenium will be adequately
controlled when the regulated toxic
metals are treated to the levels
achievable by the model treatment
technology.
Implementation of the BAT limitations
will remove annually an estimated
31,000 kg of toxic metal and organic
pollutants (from estimated current
discharge) at a capital cost, above
equipment in place, of S6.5 million and a
total annual cost of S6.3 million.
BAT will remove 4.000 kg/yr of toxic
pollutants (metals and organics)
incrementally above BPT; the
incremental investment cost is $0.1
million. Total annual costs for BAT are
less than BPT because the lower flows
allow for smaller equipment and thereby
smaller operating and maintenance
costs. The Agency projects no plant or
line closures as a result of these costs.
Therefore, the BAT limitations are
economically achievable.
The Agency has decided not to
include filtration as part of the model
BAT technology. We estimate that 8,000
kg/yr of toxic pollutants will be
discharged after the installation of BPT
treatment technology; the model BAT
treatment technology is estimated to
remove an additional 4,000 kg/yr of
toxic pollutants. The total removal after
BAT is 89 percent of the total current
discharge. The addition of filtration
would remove approximately 5.000 kg/
yr of toxic pollutants discharged after
BPT or a total removal of 91 percent of
the total current discharge. This
additional removal of 1000 kg per year
achieved by filtration is equal to an
additional removal of approximately 0.1
kg of toxic pollutants per day per
discharger. The incremental costs of
these effluent reductions are $1.4 million
in capital cost and $1.1 million in total
annual costs for all direct dischargers.
The Agency received four comments on
BAT technology option selection all of
which opposed the inclusion of filtration
as part of the BAT model technology.
Commenters urged the Agency not to
include filtration as the basis for BAT
because of the costs and the small
incremental pollutant removal. The
Agency believes that given all of these
factors, the costs involved do not
warrant selection of filtration as a part
of the BAT model treatment technology.
NSPS: EPA is promulgating NSPS
based on end-of-pipe treatment which
consists of lime precipitation, settling,
and filtration, and, where necessary,
preliminary treatment consisting of
chemical emulsion breaking, oil
skimming, and chromium reduction. This
is identical to BAT with the addition of
a polishing filter and is the same as the
end-of-pipe model treatment technology
proposed. The Agency has determined
that these technologies are the best
demonstrated technologies for this
industrial category.
In developing NSPS, the Agency
considered the amount of water used
per unit of production for each
wastewater stream. We have made
three changes to the NSPS flow
allowances since proposal; these include
drawing spent lubricant, additional flow
allowances, and pickling and alkaline
cleaning rinse following forged parts.
With the exception of pickling rinse for
forged parts, the NSPS regulatory flows
for these streams are the same as those
at BPT and BAT discussed in preceding
sections of this preamble. The pickling
rinse flow allowance for forged parts
has been increased to 1,755 l/kkg for the
reasons presented in the EPT and BAT
discussions. The technology basis is the
same as proposed, countercurrent
rinsing. The revised flow allowances are
described in Section IX of this preamble
and in Section XI of the development
document. The NSPS presented in the
final regulation reflect these changes.
Filtration has been retained in the
NSPS model technology because the
additional cost of filtration will be offset
by the lower treatment costs associated
with smaller waste water flows based
on countercurrent rinsing. As discussed
in proposal, countercurrent rinsing is
included in NSPS because, unlike
existing plants, new plants will be able
to design plants with countercurrent
rinse tanks and will therefore not
encounter space or retrofit difficulties.
The pollutants selected for regulation
are: chromium, copper, lead, nickel, zinc,
oil and grease, TSS, and pH. These are
the same pollutants that were selected
for regulation in the proposed rule.
Specific toxic organics are not being
regulated because, as discussed under
BAT. the removal of oil and grease to
meet the oil and grease limit will
adequately control the toxic organic
found in copper forming wastewaters.
Similarly, the toxic metals antimony,
arsenic, beryllium, cadmium, silver, and
selenium will be adequately controlled
when the regulated toxic metals are
treated to the levels achievable by the
model treatment technology.
In order to estimate pollutant
removals and costs for new sources, the
Agency developed a "normal" plant. A
normal plant is a theoretical plant which
has each of the manufacturing
operations covered by the category and
production that is the average level of
the industry as a whole. Section V'lII of
the development document presents m
detail the composition of the copper
forming normal plant. A new direct
discharge normal plant having the
industry average annual production
level would generate a raw waste of
1,837 kg per year of toxic metal and
organic pollutants. The NSPS technology
would reduce these pollutant levels to
75 kg per year of these same toxic
pollutants. The total capital investment
cost for a new normal plant to install
NSPS technology is estimated to be
$1.23 million, compared with investment
costs of $1.18 million to install
technology equivalent to BAT. Similar
figures for total annual costs are Sl.05
million for NSPS and $1 02 million for
BAT. As NSPS costs are approximately
the same as BAT costs for existing
sources, the new source performance
standards will not pose a barrier to
entry.
PSES; In the copper forming category,
the Agency has concluded that the toxic
metals regulated under these standards
(chromium, copper, lead, nickel, and
zinc) pass through the POTW. The
nationwide average percentage of these
same toxic metals removed by a well-
operated POTW meeting secondary
treatment requirements is about 50
percent (ranging from 20 to 70 percent),
whereas the percentage that can be
removed by a copper forming direct
discharger applying the best available
technology economically achievable is
about 90 percent. Accordingly, these
pollutants pass through a POTW.
To regulate the toxic metals that pass
through a POTW, EPA is promulgating
PSES based on the application of
technology equivalent to BAT, which
consists of end-of-pipe treatment
comprised of lime precipitation and
settling, flow reduction, and preliminary
treatment, where necessary, consisting
of chromium reduction, chemical
emulsion breaking, and oil skimming. In
the proposed rule we stated that if BAT
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Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
was promulgated with filters, then PSES
would need to include filtration to
prevent "pass through." Because this is
not the case, PSES does not include
filtration.
In addition to pass through of toxic
metals, available information from an
EPA study on POTWs shows that many
of the toxic organics from copper
facilities will pass through a POTW
Removal of those toxic organic
pollutants by well operated POTW
achieving secondary treatment averaged
62 percent, while the oil skimming
component of the BPT technology basis
achieves removals ranging from 85 to 97
percent. Accordingly, EPA Is
promulgating a pretreatment standard
for toxic organics.
At proposal, we stated that toxic
organic pollutants would be regulated as
total toxic organics (TTO) and defined
TTO as 12 specific compounds which
were found at the sampled copper
forming plants at concentrations greater
than the quantification level of 0.01 mg/
1. Appendix F of this preamble and
Section 468.02 of the regulation lists
those toxic organics which comprise
TTO. The list of TTO presented in this
regulation reflects all the toxic organic
pollutants found at concentrations
above the quantification level at
sampled plants. However, other toxic
organics may be found in copper
forming wastewaters even though they
were not found in the sampled waste
streams. This is because toxic organic
compounds originate in lubricants and
these compounds can vary depending
upon the formulation of the lubricant.
Many polyaromatic hydrocarbons and
organic solvents can be substituted for
one another to perform the same
function. If substitution does occur, the
Agency believes that these other toxic
organics are likely to be adequately
controlled by the PSES model treatment
technology and that the same
pretreatment standards on TTO should
apply. However, toxic organics not
covered by this regulation at copper
forming facilities should be considered
by the control authority on a case-by-
case basis.
The analysis of wastewaters for toxic
organics is costly and requires
sophisticated equipment. Therefore the
Agency is establishing as an alternative
to monitoring for TTO a monitoring
parameter for oil and grease. Data
indicate that the toxic organics are in
the oil and grease and by removal of the
oil and grease, the toxic organics should
also be removed. All comments received
in response to this issue support the
establishment of the alternative
monitoring parameter for oil and grease.
In developing these standards, the
amount of water used per unit of
production is considered for each waste
stream. The flow allowances
established for PSES are the same as
those established for BAT.
The pollutants selected for regulation
are: chromium, copper, lead, nickel, zinc,
and TTO. Six toxic metals, antimony,
arsenic, beryllium, cadmium, silver and
selenium, which are not specifically
regulated will be adequately controlled
when the regulated metals are treated to
the levels achievable by the model
treatment technology.
The PSES set forth in this final rule
are expressed in terms of mass per unit
of production rather than concentration
standards. Regulation on the basis of
concentration is not appropriate
because concentration-based standards
do not restrict the total quantity of
pollutants discharged. Flow reduction is
a significant part of the model
technology for pretreatment because it
reduces the amount of toxic pollutants
introduced into a POTW. For this
reason, no alternative concentration
standards are promulgated for indirect
dischargers.
Implementation of the PSES will
remove annually an estimated 18.700 kg
of toxic metal and organic pollutants
(from estimated current discharge) at a
capital cost, above equipment in place,
of $9.2 million and a total annual cost of
$7.7 million. The Agency believes that
implementation of PSES will not result
m any plant closures or job losses.
The Agency has considered the
deadline for compliance for PSES. Few if
any of the copper forming plants have
installed and are properly operating the
treatment technology for PSES.
Additionally, the readjustment of
internal processing conditions to
achieve reduced wastewater flows may
reqiure more time than for only the
installation of end-of-pipe treatment
equipment. Additionally, many plants in
this and other industries will be
installing the treatment equipment
suggested as model technologies for this
regulation and this may result in delays
in engineering, ordering, installing, and
operating this equipment. For all these
reasons, the Agency has decided to set
the PSES compliance date at three years
after promulgation of this regulation.
PSNS: EPA is promulgating PSNS
based on end-of-pipe treatment and in-
process controls equivalent to that used
as the basis for NSPS. The flow
allowances for PSNS are also the same
as those for NSPS. As discussed under
PSES. pass through of the regulated
pollutants will occur without adequate
pretreatment and. therefore,
pretreatment standards are required.
The pollutants regulated under PSNS
are chromium, copper, lead, nickel, zinc,
and TTO. Six toxic metals, antimony,
arsenic, beryllium, cadmium, silver and
selenium, which are not specifically
regulated will be adequately controlled
when the regulated metals are treated to
the levels achievable by the model
treatment technology. Monitoring for oil
and grease has been established as an
alternative to monitoring for TTO as
discussed under PSES.
In order to estimate costs and
pollutant removals for new sources, the
Agency used the "normal plant" as
discussed in this preamble under NSPS.
A new indirect discharge normal plant
having the industry average annual
production level would generate a raw
waste of 1,837 kg per year of toxic metal
and organic pollutants. The PSNS
technology would reduce these pollutant
levels to 75 kg per year of these same
toxic pollutants. The total capital
investment cost for a new normal plant
to install PSNS technology estimated to
be $1.23 million, compared with
investment costs of $1.18 million to
install technology equivalent to PSES.
Similar figures for total annual costs are
S1.05 million for PSNS and $1.02 million
for PSES. As PSNS costs are
approximately the same as PSES costs
for existing sources, the new source
performance standards will not pose a
barrier to entry.
VI. Economic Consideration
A Costs and Economic Impact
The Agency's economic impact
assessment of this regulation is
presented in the report entitled
Economic Impact Analysis of Effluent
Standards and Limitations for the
Copper Forming Industry. This report
details the investment and annual costs
for the copper forming category.
Compliance costs are based on
engineering estimates of capital
requirements for the effluent control
systems described earlier in this
preamble. The report assesses the
impact of effluent control costs in terms
of price changes, production changes,
plant closures, employment effects, and
balance of trade effects. The impacts for
each of the regulatory model treatment
technologies are discussed in the report.
The economic analysis also reflects
other industry comments, additional
information provided since proposal,
and the use of current information on
financial and economic characteristics
of the industry. Since proposal,
compliance costs have been revised as
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Federal Register / Vol. 48. No. 158 / Monday, August 15, 1983 / Rules and Regulations 36949
discussed in Section IX of this preamble
and in Section VIII of the development
document. As a consequence, estimated
costs of compliance have increased.
Since proposal, economic surveys
were received from two additional
plants. Data from these plants have
been added to our data base and
incorporated into our economic analysis.
EPA has identified 176 plants in the
copper forming category that are
covered by this regulation. Of these 176
plants, 37 are direct dischargers and 45
are indirect dischargers. The remaining
94 plants do not discharge wastewater.
Total investment for combined BAT and
PSES is estimated to be S15.7 million
with annual costs of $14.0 million,
including depreciation and interest.
These costs are expressed in 1982
dollars as are all the following costs.
No plant closures or job losses are
projected as a result of compliance costs
for this regulation. If all costs were
passed on to consumers, price increases
would be less than one percent. The
above costs reflect EPA's estimate of
required monitoring, i.e.. 12 days per
month for large plants and one day per
month for small plants. If all plants are
required either by their control authority
or their permit writer to monitor at least
10 days per month, then total annual
costs would increase by 0.8 million, from
S14 Q million to $14.8 million. No
closures or unemployment effects are
projected to result from this level of
monitoring; the average increase in the
cost of production would be negligible.
Our analysis shows that changes in
price due to changes m cost would be
very small because of the demand and
supply elasticities for copper forming
products. No measurable balance-of-
trade effect is expected from this
regulation due to the insignificance of
the estimated change in the price of
copper forming products, and due to the
absence of projected plant closures. EPA
has determined this regulation is
economically achievable.
The methodology for the economic
analysis is the same as that used at
proposal. It is detailed in Chapter II of
the Economic Impact Analysis. Using
revised compliance costs and financial
information for each plant, we
performed a capital availability analysis
and plant closures analysis.
The capital availability analysis uses
a capital budgeting approach. Given the
profitability of the plant and the cost of
pollution control, if the plant has a
positive cash flow after investment, it
can afford the pollution control.
Implicitly, then, that plant can obtain
financing for the pollution control
investment. In the plant closure
analysis, plants are assumed to close if
the expected discounted cash return of
the plant, less the investment costs of
the pollution control equipment. i3 lass
than the salvage value of the plant. The
results of the closure analysis were
extrapolated to include all 82 copper
forming plants that discharge
wastewater.
BPT: the BPT regulation is expected to
affect all 37 direct discharging plants.
BPT for these 37 plants is projected at
S6.4 million in investment costs and $6.6
million in annual costs (including
depreciation and interest). These costs
are the engineering compliance cost
estimates presented earlier m the
preamble and are conservative because
they are based on the assumption that
all plants not presently in compliance
will install BPT technology without flow
reduction, even in cases where it may be
less expensive to reduce flows prior to
end-of-pipe treatment. According to the
analysis of economic impact, no plant
closures or job losses are associated
with the BPT treatment option. If all
costs were passed on to consumers,
price increases would be 0.2 percent.
We believe facilities will choose the
most economical means of compliance
with BPT and. if going directly to BAT is
less expensive, will choose to install
BAT technology with flow reduction.
The reduced BAT regulatory flows allow
installation of smaller treatment systems
with less capital expenditures and
annual cost. These costs are projected to
be S5.8 million in investment costs and
S6.1 million in annual costs (including
depreciation and interest). Again, no
pbnt closures or job losses are
projected. Lf all costs were passed on to
consumers, price increases would be 0.2
percent. The Agency has determined
that the effluent reduction benefits
associated with compliance with BPT
justify the costs.
BAT. Compliance costs and resulting
economic impacts for BAT are based on
going from existing treatment to
installing BAT. All 37 direct dischargers
will be affected by the BAT limitations.
These 37 plants would share investment
costs estimated at $6.5 million and total
annual costs of S6.3 million, including
depreciation and interest. The Agency
believes that this option will not result
in any plant closures or job losses. If all
costs were passed on to consumers,
price increases would be 0.2 percent.
Therefore, the Agency believes that
compliance with BAT will be
economically achievable.
PSES: All 45 indirect dischargers will
incur costs to comply with this
regulation. These 45 plants will share
investment costs of $9.2 million and
annual costs of $7.7 million, including
depreciation and interest. The Agency
believes that this option will not result
in any closures on job losses. If all costs
were passed on to consumers, price
increases would be 0.7 percent.
Therefore, the Agency believes that
compliance with PSES will be
economically achievable.
NSPS-PSNS: The copper forming
category i3 a very mature industry and
has not grown rapidly during the last
decade. This trend is expected to
continue. The copper forming category is
also very sensitive to the behavior of the
U.S. economy. The demand for copper
products has declined during the current
recession during which all copper
forming major end-use markets have
been depressed, including construction,
transportation, and electrical and
electronic products. According to EPA's
analysis, this is a temporary condition
and the demand for copper formed
products will recover. The baseline
supply and demand forecasts are based
upon empirical models developed over
the 1960 to 1979 historical period. While
growth in the demand for copper formed
products is projected during the next
decade, it is expected to be met through
expanded capacity at domestic plants
and from overseas operations. During
the next decade, some existing plants
may be modified or replaced and some
new plants may be built. The total
number of copper forming plants in the
U S. are projected to be the same.
The Agency has estimated that the per
plant costs associated with NSPS and
PSNS will be approximately equal to
those for BAT and PSES as previously
discussed in Section V. BAT and PSES
are based on technology consisting of
flow reduction, lime and settle, and.
where necessary, preliminary treatment
with chromium reduction, chemical
emulsion breaking, and oil skimming.
NSPS adds filtration and greater flow
reduction achieved by countercurrent
rinsing of the pickling rinse stream. The
Agency believes that the additional
costs of filtration for NSPS will be offset
by the lower treatment costs associated
with smaller wastewater flows using
countercurrent rinsing. Therefore, new
sources, regardless of whether they
result from major modifications of
existing facilities or are constructed as
greenfield sites, will have costs
approximately equivalent to the costs
existing sources will incur in achieving
BAT and PSES. The Agency believes
that neither NSPS nor PSNS will deter
entry into copper forming. The Agency
requested but received no comment on
the conclusions that costs for PSNS and
NSPS are approximately equal to BAT
and PSES costs and that greenfield and
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36950 Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
major modification plants will incur
similar costs.
B. Executive Order 12291
Executive Order 12291 requires EPA
and other agencies to perform regulatory
impacts analyses of major regulations.
Major rules are those which impose a
cost on the economy of $100 million a
year or more or have certain other
economic impacts. This regulation is not
a major rule because its annualized cost
of $14.0 million is less than $100 million
and it meets none of the other criteria
specified in Section I paragraph (b) of
the Executive Order. The economic
impact analysis prepared for this
proposed rulemaking meets the
requirements for non-major rules.
C. Regulatory Flexibility Analysis
Pub. L. 96-354 requires EPA to prepare
an Initial Regulatory Flexibility Analysis
for all proposed regulations that have a
significant impact on a substantial
number of small entities. This analysis
may be done in conjunction with or as a
part of any other analysis conducted by
the Agency. The economic impact
analysis described above indicates that
there will not be a significant impact on
any segment of the regulated population,
large or small. Therefore, a formal
regulatory flexibility analysis is not
required.
D. SBA Loans
The Agency is continuing to
encourage copper formers to use Small
Business Administration (SBA)
financing as needed for pollution control
equipment. The three basic programs
are: (1) The Guaranteed Pollution
Control Bond Program, (2) the Section
503 Program, and (3) the Regular
Guarantee Program. All the SBA loan
programs are only open to businesses
that have: (a) Net assets less than $6
million, (b) an average annual after-tax
income of less than $2 million, and (c)
fewer than 250 employees. The
estimated economic impacts for this
category do not include consideration of
financing available through these
programs.
The Section 503 Program, as amended
in July 1980, allows long-term loans to
small and medium sized businesses.
These loans are made by SBA approved
local development companies. For the
first time, these companies 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 Desselle
who may be reached at (202) 382-5373.
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.
VII. Nonwater Quality Environmental
Impacts
Eliminating or reducing one form of
pollution may cause other
environmental problems. Sections 304(b)
and 306 of the Act require EPA to
consider the nonwater 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 nonwater 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 nonwater 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
Imposition of BPT, BAT, NSPS, PSES,
and PSNS will not create any
substantial air pollution problems
because the wastewater treatment
technologies required to meet these
limitations and standards do not cause
air pollution.
B. Solid Waste
EPA estimates that copper forming
facilities generated 39,000 metric tons of
solid wastes (wet basis) in 1978 as a
result of wastewater treatment in place.
These wastes were comprised of
treatment system sludges containing
toxic metals, including chromium,
copper, lead, nickel, and zinc; and oil
removed during oil 3kimming and
chemical emulsion breaking that
contains toxic organics.
EPA estimates that BPT will
contribute an additional 13,000 metric
tons per year of solid wastes over that
which is currently being generated by
the copper forming industry. BAT and
PSES will increase these wastes by
approximately 11.000 metric tons per
year beyond BPT levels. These sludges
will necessarily contain additional
quantities (and concentrations) of toxic
metal pollutants. The normal plant was
used to estimate the sludge generated at
NSPS and PSNS and we estimate that
NSPS and PSNS will generate 10 percent
more sludge over BAT and PSES. The
final rule provides a flow allowance for
drawing spent lubricant, in contrast to
the proposed rule which was based on
contract hauling of this wastewater
stream. The decrease in the total
amount of sludge generated from this
change will not be significant.
The Agency examined the solid
wastes that would be generated at
copper forming plants by the suggested
treatment technologies and believes
they are not hazardous under Section
3001 of the Resource Conservation and
Recovery Act (RCRA). This judgment is
made based on the recommended
technology of lime precipitation. By the
addition of a small excess of lime during
treatment, similar sludges, specifically
toxic metal bearing sludges, generated
by other industries such as the iron and
steel industry passed the EP toxicity
test See 40 CFR 261.24 (45 FR 33084
(May 19,1980)). Thus, the Agency
believes that the copper forming
wastewater sludges will similarly not be
found hazardous if the recommended
technology is applied. Since the copper
forming solid wastes are not believed to
be hazardous, no estimates were made
of costs for disposing of hazardous
wastes in accordance with RCRA
requirements.
Although it is the Agency's view that
solid wastes generated as a result of
these guidelines are not expected to be
classified as hazardous under the
regulations implementing Subtitle C of
the Resource Conservation and
Recovery Act, generators of these
wastes must test the waste to determine
if the wastes meet any of the
characteristics of hazardous waste. See
40 CFR 262.11 (45 FR 12732-12733
(February 20,1980)). The Agency may
also list these sludges as hazardous
pursuant to 40 CFR 261.11 (45 FR 33121
(May 19. 1980), as amended at 45 FR
76624 (November 19,1980)).
If these wastes are identified as
hazardous, they will come within the
scope of RCRA's "cradle to grave"
hazardous waste management program,
requiring regulation from the point of
generation to point of final disposition.
EPA'3 generator standards would
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Federal Register / Vol. 48, Mo. 158 / Monday, August 15, 1933 / Rules and Regulations 36951
require generators of hazardous copper
forming wastes to meet containerization.
labeling, recordkeeping, and reporting
requirements. In addition, if copper
formers dispose of hazardous wastes
off-site, they would have to prepare a
manifest which would track the
movement of the wastes from the
generator's premises to a permitted off-
site treatment, storage, or disposal
facility. See 40 CFR 262 20 {45 FR 33142
(May 19, 1980)). The transporter
regulations require transporters of
hazardous wastes to comply with the
manifest system to assure that the
wastes are delivered to a permitted
facility. See 40 CFR 263.20 (45 FR 33151
(May 19,1980)), as amended at 45 FR
86973 (December 31, 1980)). Finally,
RCRA regulations establish standards
for hazardous waste treatment, storage,
and disposal facilities allowed to
receive such wastes. See 40 CFR Part
464 (46 FR 2802 (January 12. 1981J, 47 FR
32274 (July 23, 1982)).
Waste3 which are not hazardous must
be disposed of in a manner that will not
violate the open dumping prohibition of
4005 of RCRA. See 44 FR 53438
(September 13,1979). The Agency has
calculated as part of the costs for
wastewater treatment the cost of
hauling and disposing of these wastes in
accordance with these requirements. For
more details, see Section VIII of the
technical development document
C. Consumptive Water Loss
Treatment and control technologies
thai require extensive recycling and
reuse of water may require cooling
mechanisms. Evaporative cooling
mechanisms can cause water loss and
contribute to water scarcity problems—
a primary concern in arid and semi-arid
regions. While this regulation assumes
water reuse, the quantity of water
involved is not regionally significant.
We conclude that the pollution
reduction benefits of recycle
technologies outweigh their impact on
consumptive water loss.
D Energy Requirements
EPA estimates that the achievement
of BAT effluent limitations will result in
a net increase of electrical energy
consumption of approximately 0.6
million kilowatt-hours per year. To
achieve the BAT effluent limitations, a
typical direct discharger will increase
total energy consumption by less than 1
percent of the energy consumed for
production purposes. NSPS will not
significantly add to total energy
consumption since new source
equipment and pumps will be smaller
and therefore use less energy due to the
decreased flows resulting from flow
reduction. A normal plant was used to
estimate the energy requirements for a
new source. A new source wastewater
treatment system will add 122,000
kilowatt-hours per year to the total
industry energy requirements.
The agency estimates that PSES will
result in a net increase in electrical
energy consumption of approximately
0.5 million kilowatt-hours per year To
achieve PSES, an indirect discharger
will increase energy consumption by
less than 2 percent of the energy
consumed for production purposes.
PSNS, like NSPS, will not significantly
add to total energy consumption based
on a normal plant calculation.
VIII. Pollutants Not Regulated
The Settlement Agreement in N'RDC
v. Train, supra contains provisions
authorizing the exclusion from
regulation in certain instances of toxic
pollutants and industry subcategories.
These provisions have beer: rewritten in
a Revised Settlement Agreement which
was approved by the District Court for
the District of Columbia on March 9.
1979. See NRDC v. Costle, 12 ERC 1833
(D.D.C. 1979). Because the Agency is
regulating the copper forming industry
as a single category, no subcategories
are excluded from regulation. Data
supporting exclusion of the pollutants
identified below are presented in
Sections V and IX of the development
document.
The Agency has deleted the following
three pollutants from the toxic pollutant
list' Dichlorofluoromethane (50) and
tnchlorofluoromethane (40), 46 FR 796S2
(January 8, 1981); and bis
(chloromethyl)ether (17), 46 FR 10723
(February 4,1981).
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. The toxic pollutants not
detected and, therefore, excluded from
regulation are listed in Appendix B to
this preamble.
Paragraph 8(a)(iii) also allows the
Administrator to exclude from
regulation toxic pollutants detected in
amounts too small to be effectively
reduced by technologies known to the
Administrator. Appendix C to this
preamble lists the toxic pollutants which
were detected in the effluent in amounts
at or below the nominal limit of
analytical quantification, which are too
small to be effectively reduced and
which, therefore, are excluded from
regulation.
Paragraph 8(a)(iii) also allows the
Administrator to exclude from
regulation toxic pollutants which will be
effectively controlled by the
technologies used as the basis for other
effluent limitations guidelines, standards
of performance, or pretreatment
standards. Appendix D list those toxic
pollutants which will be effectively
controlled by the other limitations or
standards being promulgated even
though they are not specifically
regulated.
Paragraph 8(a)(in) also allows the
Administrator to exclude from
regulation toxic pollutants dt-Sectable in
the effluent from only a small number cf
sources within the subcategory because
they are uniquely related to these
sources. Appendix E to this notice lists
For the toxic pollutant which was
detected in the effluents of only one
plant, is uniquely related to that plant,
and is not related to the manufacturing
processes under study.
IX. Public Participation and Response to
Major Comments
Industry and government groups have
participated during the development of
these effluent guidelines and standards.
Following the publication of the
proposed rule on November 12, 1982 in
the Federal Register, we provided the
development document and the
economic impact analysis supporting the
proposed rule to industry, government
agencies, and the public sector. On
January 14, 1983, corrections to the
proposed ruie were published m the
Federal Register and the comment
periud was extended until February 14,
1S83. A permit writers workshop was
held on the copper forming rulemaking
in Boston, Massachusetts on January 4,
1983 On January 10,1983 in
Washington. D.C., a public hearing was
held on the proposed pretreatment
standards at which one person
presented testimony. Twenty-two
commenters submitted a total of
approximately 125 individual comments
on the proposed regulation.
All comments received have been
carefully considered, and appropriate
changes in the regulation have been
made whenever available data and
information supported those changes.
Major issues raised by the comments
are addressed in this section of the
preamble. A summary of all comments
received and our detailed responses to
these comments is included in a
document entitled Response to Public
Comments, Proposed Copper Forming
Effluent Limitations and Standards
which has been placed in the public
record for this regulation.
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The following is a discussion of the
Agency's responses to the principal
comments.
1. Combined Metals Data Base
(CMDB). The Agency received several
comments on the copper forming
proposal relating to the use of the CMDB
to determine treatment effectiveness for
lime and settle treatment. Comments on
the CMDB also were submitted on other
proposed regulations. The Agency has
considered all the comments submitted
on ihe copper forming proposal and
comments on other proposals that are
relevant to copper forming. Summaries
of specific comments submitted on
copper forming proposal and the .
Agency's responses are set forth below.
Other comments and responses on the
CMDB can be found in the Response to
Public Comments. Proposed Copper
Forming Effluent Limitations and
Standards.
a. Comment: One commenter
complained about the small size of the
data base and the statistical methods
used in analyzing it. Specifically, the
commenter stated that the data base
was too limited to reflect the
effectiveness of lime and settle
treatment and that variability was ill-
defined by the available data and
asserted that the statistical methods
were too complicated.
Response: The CMDB includes 162
data points from 20 plants in five
industrial categories with similar
wastewaters. All plants in the data base
have the recommended end-of-pipe
treatment technology. Four of the plants
in the data base are copper forming
plants. These data were evaluated and
analyzed to establish comparability of
wastewater characteristics across
categories and establish effluent
limitations on the basis of data that
represent good operation of the
recommended technology. The use of
comparable data from several categories
enhances the estimates of treatment
effectiveness and variability over those
that would be obtained from data from
any one category alone. The statistical
methods used to assess homogeneity
among the categories in the CMDB .and
to determine limitations are appropriate
and are well known to statisticians.
The methods used to analyze
homogeneity are known generally as
analysis of variance. Effluent limitations
were determined by fitting the data to a
lognormal distribution and using
estimation techniques that possess
desirable statistical properties. These
methods are described in detail in the
document entitled A Statistical Analysis
of the Combined Metals Industries
Effluent Data which includes
appropriate references to statistical
texts, journal articles and monographs.
The Agency confirmed that copper
forming plan'3 were achieving results
that were consistent with the values
determined from the CMDB by
examining discharge monitoring reports
(DMR) from 19 discharge points in 15
copper forming plants. Although
reported in summary forms (usually as
monthly averages). DMR data can be
used to construct annual average
effluent concentration values.
The DMR's provided sufficient data to
construct 42 annual average values for
copper from the 19 discharge points.
From one to four annual averages from
each discharge point were available;
most supplied three annual averages.
These 42 averages were compared to the
copper mean of 0.58 mg/1 calculated
from the CMDB.
Thirty-three of these 42 copper
averages were less than the CMDB long-
term average of 0 58 mg/1. All of the
available annual averages for 11 of the
discharge points were lower than the
CMDB long-term average. The remaining
eight discharge points had annual
averages lower than the CMDB average
in some years: of the eight discharge
points, seven had only one year in
which the annual average was greater
than the CMDB average and the other
discharge point reported two of four
annual averages only slightly greater
than the CMDB average.
In a similar manner, we compared
DMR data on four other regulated
pollutants and found that the annual
averages are generally smaller than the
values estimated from the CMDB for
chromium, nickel, zinc, and TSS. This
supports the use of the CMDB as the
basis for treatment effectiveness of lime
and settle technology in the copper
forming category.
b. Comment: One commenter
recommended that EPA use the
electroplating (metal finishing) data
base to establish limitations and
standards.
Response: The Agency at one time
considered including electroplating data
in the CMDB, however, statistical
analysis indicated that these data were
not homogeneous with other metals
industries data including copper forming
data. Therefore, electroplating data
were removed from the CMDB.
Consistent with this analysis, the use of
these data alone is not an appropriate
means of determining lime and settle
treatment effectiveness for the copper
forming category.
C. Comment: Another commenter
criticized the inclusion of certain data
points in the CMDB because they did
not meet the Agency's pH criteria, Other
effluent data points were criticized
because the corresponding influent to
treatment concentration was lower than
the treated effluent.
Response: The Agency carefully
reexamined the specific data points
identified in comments as being
incorrectly included in the combined
metals data base. Of the four copper
forming plants in the combined metals
data base, four data days show a pH
below 7 0. In eliminating data from use
in the data base, EPA used a pH editing
rale which generally excludes data in
cases where the pH is below 7.0 for
extended periods of time (i.e., over two
hours). The rationale for this rule was
that low pH over a long period of time
often indicates improper functioning of
the treatment system. The time periods
of low pH for the points in question
cannot be determined from existing
data; however, because large amounts
of metals were removed and low
effluent concentrations were being
achieved, the pH at the point of
precipitation necessarily had to be well
above pH 7.0. The reason for the effluent
pH falling below 7.0 cannot be
determined from the available data, but
it is presumed to be a pH rebound. This
phenomenon is ofter encountered where
a slow reacting acidic material is
neutralized or reacts late in the
treatment cycle. The Agency believes
that the data in question are
representative of a lime and settle
treatment process which is being
operated in an acceptable manner.
Accordingly, the data have been
retained in the CMDB.
The commenter states that two
effluent data points should have been
excluded because the corresponding
influent concentration was lower. In the
case of one of the points, the commenter
apparently made an error since the
influent concentration listed by the
commenter as 0.0 mg/1 was listed as 60.0
mg/1 in both the development document
and the statistical analysis report. This
data point is, accordingly, properly
included. With regard to the second
point, the effluent value for copper
referred to by the commenter is larger
than the influent value recorded on the
same day. There was, however, no
indication of treatment malfunction
and/or mislabelling of the sample. The
value was left in the data base because
such values can occur in the course of
normal operation. Deletion of the copper
effluent value referred to by the
commenter would result in a more
stringent limitation for copper which the
Agency does not believe would
appropriately reflect treatment of
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Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36953
copper. Other comments on the CMDB
raised the issue of the use of effluent
measurements that were larger than
influent measurements taken on the
same day. In general, where there was
no indication of treatment malfunction
and/or mislabelling of the sample the
values were retained in the data base.
d. Comment: One commenter
questioned the achievability of specific
metal concentrations considering the
spread of minimum solubilities for
different metals at a range of pH values.
Response: The treatment effectiveness
values derived from the CMDB are
based on observed performance of
treatment systems rather than
theoretical calculations. Use of
theoretical solubility of pollutants alone
is not appropriate for determining actual
treatment effectiveness. We believe that
the actual performance data in the
CMDB reflect these theoretical
considerations.
2. Comment: The Agency received 13
comments criticizing the zero discharge
allowance for drawing spent lubricant.
All of these c.ommenters requested that
the Agency provide a flow allowance as
an alternative to zero discharge, so that
plants could treat their waste using lime
and settle technology.
Response: As discussed in Section V
of this preamble, the Agency is
promulgating a flow allowance for the
drawing spent lubricant operation. For a
detailed discussion on this and our
response see the Agency's Response to
Comments Document.
3. Comment: Several commenters
objected to the use of filtration in the
model technology used as a basis for
BAT and PSES. They stated that the
addition of filtration to the treatment
train would not substantially reduce the
metals content of the effluent and that
the cost of filtration is not justified by
the additional pollutant removal it
provides.
Response: The Agency is not
promulgating BAT and PSES based on
model treatment technology including
filtration for the reasons stated earlier in
Section V of this preamble.
4. Comment: Two commenters assert
that the proposed pickling and alkaline
cleaning rinse allowances were
inadequate for forged parts. They stated
that these regulatory flows are almost
entirely based on data from other
forming operations and that these other
operations do not accurately reflect the
amount of water needed for adequate
rinsing of forged parts. The basis for
their assertions is that forged parts are
often small with intricate shapes. As a
result, these parts have cavities and
other configurational peculiarities that
trap and carry significant amounts of the
pickling and alkaline cleaning bath
water to the rinse stage. To offset the
additional "drag-out" and thereby
maintain the same degree of product
cleanliness for forged parts as with
other formed products, plants need to
use and discharge greater quantities of
rinse water.
Response: The Agency agrees with the
commenters that rinsing of forged parts
requires a greater amount of water and
is promulgating larger flow allowances
for pickling and alkaline cleaning rinse
See Section V of this preamble for
additional discussion.
5. Comment: The Agency received
seven comments from four commenters
criticizing the use of m-.ss-based
limitations and standards. The
commenters stated that: (a) mass-based
controls could require disclosure of
confidential information; (b) they are not
enforceable by a POTW because
production data are needed: (c) they
cannot be reconciled with
concentration-based limitations and
standards under the combined waste
stream formula; and (d) concentration
only standards rather than mass-based
standards are adequate because plants
are forbidden to use dilution to comply
with the concentration-based standards.
Response: The Agency is
promulgating mass-based limitations
and standards because flow reduction is
an integral part of the treatment
technology which must be included to
reduce the quantity of pollutants
discharged to the required level In
developing the copper forming
regulation, the Agency examined the
sources and amounts of water used in
the various manufacturing operations.
EPA found that for all process
operations a significant number of
plants used more water than the process
required, and further, that for a number
of processes, water was being recycled
by many plants in the category.
Accordingly, flow reduction was
incorporated as an integral part of the
model treatment technology for copper
forming. Mass-based limitations are
necessary for this category to
adequately control the total discharge of
pollutants With respect to specific
comments above:
(a) A company may have to provide
the POTW production information that
it may wish to have considered
confidential. Such information is
generally reported in a manner not
readily usable by competing companies.
More importantly, this information is
necessary to calculate the individual
discharge limits and to determine
compliance with the regulation.
(b) The standards are independently
enforceable. Pretreatment standards are
calculated using the average rate of
production for each operation. See 40
CFR 403.12(b)(3). The average rate of
production should represent a
reasonable measure of actual facility
production.
(c) The combined waste stream
formula as described in the General
Pretreatment Standards (40 CFR Part
403) provides for the calculation of
limitations for combined streams for
both mass-based and concentration-
based standards.
If an integrated plant is required to
comply with a categorical pretreatment
standard expressed only in mass-based
limits and another categorical
pretreatment standard expressed only in
concentration-based limits, a mass-
based limit should be applied to the
combined flow. To accomplish this
under the formula, the concentration
limit may be converted to a mass limit
by multiplying the concentration limit by
the average or other appropriate flow of
the regulated stream to which the limit
applies.
(d) Mass-based standards incorporate
technology which reduces the amount of
process wastewater discharged from
certain manufacturing operations. While
plants are forbidden to use dilution to
comply with pretreatment standards, the
mass-based standards are intended to
further ensure that the Agency's
standards are met.
6. Comment: Four commenters
responded to the Agency's request for
comments on whether copper forming
wastewater treatment sludges are
hazardous as defined under RCRA. One
commenter expressed agreement with
EPA that these wastes are not
hazardous. One commenter estimated
that 50 percent of these sludges would
be hazardous with respect to the EP
Toxicity Test outlined in the federal
hazardous waste regulations.
Response: The Agency contacted the
commenter who asserted that copper
forming wastewater treatment sludges
would be hazardous and requested that
this commenter submit data supporting
this assertion. The commenter submitted
information pertaining to the toxicity of
sludges from four plants; only one of
which was shown to be hazardous with
respect to the RCRA EP Toxicity Test
outlined at 40 CFR Part 261. This sludge
was generated by a plant processing
leaded brass. Of the remaining three
plants, the sludges from one are
considered hazardous by the state,
while sludges from the other two plants
are not presently considered hazardous.
In regard to the leaded brass facility,
the Agency contacted the commenter by
telephone in order to inquire whether
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36954 Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
excess of lime was employed in the
chemical precipitation unit The plant
has been operating its treatment without
excess lime in order to avoid exceeding
the states' pH limitation of 9.0. The
copper forming regulation establishes a
higher pH limit for discharged waters.
Should the permitting authority refuse to
accept the higher pH waters, the copper
former could add acid to reduce the pH
before discharge at a substantially
smaller cost than the added cost of
disposal of the sludge as a hazardous
material. Therefore, the hazardous
nature of this sludge is a site-specific
problem. The Agency does not believe it
is necessary to cost leaded brass
sludges or any copper forming sludges
as hazardous.
a. Comment: Two comments were that
these sludges would not be hazardous
under RCRA, but would be considered
hazardous by the states.
Response: The Agency is aware that
some states have more stringent solid
waste disposal laws than required by
EPA and therefore, copper forming
wastewater treatment sludges may be
considered hazardous by these states
even though they would not be
considered hazardous under RCRA. The
cost to dispose of such sludges as
hazardous is a state-specific cost and is
not a cost associated with this federal
regulation.
b. Comment: One commenter asserted
that the classification of copper forming
treatment sludges as nonhazardous is in
conflict with EPA's classification of
battery and coil coating sludges as
hazardous. Sludges from these
categories should have the same
classification because the Agency, in
using data from all these categories in
the CMDB, has claimed that these
wastewaters are similar in all material
respects.
Response: The commenter's statement
that the nonhazardous classification of
copper forming wastes is in conflict with
other categories is an error. EPA points
out that with the exception of a small
segment of plants in the coil coating
category (aluminum coil coating) and
mercury containing battery wastewater
sludges, sludges from these categories
have also been determined to be non-
hazardous.
7. Comment: Copper and Brass
Fabricator's Council (CBFC) asserted
that EPA did not provide flow
allowances for all copper forming
operations which generated wastewater.
The specific operations described are
hydrotesting, sawing, surface milling,
surface coating, tumbling or burnishing,
and maintenance.
Response: The Agency contacted all
companies identified by CBFC as having
data on these operations. After review
of the data and information submitted
we agree with the comment that flow
allowances should be established for the
above operations. See BPT section of the
preamble for a further discussion. The
final regulation provides regulatory
flows for these operations based on the
data submitted in support of their
comment While the addition of these
flow allowances is justified, this change
has little impact on the overall
regulation, in that total pollutant
discharges after BAT are only increased
by less than 2 percent.
8. Comment: Copper and Brass
Fabricator's Council (CBFC) criticized
the Agency's estimate of compliance
costs. They staled that the costs are not
well founded and are based on limited
data. Further, they asserted that the
costs are underestimated. As an
example, one of its members spent $2
million on a system comparable to PSES
model technology while the Agency's
estimated compliance costs for all
indirect dischargers is $8.0 million for
capital costs and $5.3 million for annual
costs.
Response: Since proposal, the Agency
expanded the number of plants costed
from 16 to 31. We believe the number of
plants is wholely adequate as a base for
estimating compliance costs. BPT capital
costs have increased from $2.4 to $6.4
primarily because we modified our
engineering approach for estimating the
additional wastewater treatment
technology that a plant would need to
comply with the regulation. At proposal,
we adjusted costs for equipment in
place and for specific process operating
conditions which lowered overall
treatment costs for a particular plant,
but may not have been applicable to all
plants in the category. Final compliance
costs reflect adjustments made for
equipment in place and so BPT costs
estimates ae higher than they were at
proposal. BAT and PSES costs did not
increase as much from proposal ($0.3 for
BAT and $1.2 million for PSES) because
the site specific changes made at BPT
were not used for BAT and PSES.
Annual costs for BPT, BAT and PSES
are higher because the revised costs
include operating and maintenance
costs for equipment-in-place and not
only costs for additional treatment as do
the proposed annual costs. Annual costs
have increased by $5.0 million for BPT,
4.3 for BAT, and $2.4 million for PSES.
For a detailed discussion of the
Agency's estimate of compliance costs
see Section 8 of the development
document
We interpret CBFC's second comment
to mean that since one plant incurred
costs of $2.0 million, the total cost for all
indirect dischargers should be $2.0
million multiplied by all indirect
dischargers. This method of estimating
compliance costs does not accurately
reflect costs of compliance of this
regulation because it does not take
existing treatment in-place into account
when the Agency considers capital costs
associated with additional treatment
equipment which must be installed to
meet this regulation. The total costs of
PSES is $9.2 million which we believe
fairly represents the capital cost
attributable to this regulation.
X. Best Management Practices
Section 304(e) of the Clean Water Act
gives the Administrator authority to
prescribe "best management practices"
(BMP). EPA is not promulgating BMP
specific to copper forming.
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 in EPA's effluent
limitations is necessary 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 exercise of
EPA's enforcement discretion. Compare
Marathon Oil Co. v. EPA. 564 F.2d 1253
(9th Cir 1977) with Weyerhaeuser v.
Costle. supra, and Com Refiners
Association, et. al. v. Costle. No. 78-1069
(8th Cir., April 2,1979). See also
American Petroleum Institute v. EPA,
540 F.2d 1023 (10th Cir. 1978); CPC
International, Inc. v. Train. 540 F.2d 1320
(8th Cir. 1976); FMC Corp. v. Train. 539
F.2d 973 (4th Cir. 1976).
An upset is an unintentional episode
during which effluent limits are
exceeded; a bypass, however, is an act
of intentional noncompliance during
which waste treatment facilities are
circumvented in emergency situations.
We have, in the past, included bypass
provisions in NPDES permits.
We determined that both upset and
bypass provisions should be included in
NPDES permits and have promulgated
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permit regulations that include upset
and bypass permit provisions (see 40
CFR 122.41, 45 FR 14166 (April 1,1983)).
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 permittees in the copper
forming industry will be entitled to upset
and bypass provisions in NPDES
permits, this final regulation does not
address these issues.
XII. Variances and Modifications
Upon the promulgation of this
regulation, the appropriate effluent
limitations must be applied in all
Federal and State NPDES permits
thereafter issued to direct dischargers Ln
the copper forming industry. In addition,
on promulgation, the pretreatment
limitations are directly applicable to any
indirect dischargers.
For the BPT effluent limitations, the
only exception to the binding limitations
is EPA's "fundamentally different
factors" variance. See E. I. duPont
deNemours & Co. v. Train, 430 U.S. 112
(1977); Weyerhaueser 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 to 1976 industry
regulations, it is now included in the
NPDES regulations and will not be
included in the copper forming or other
industry regulations. See the NPDES
regulations at 40 CFR Part 125, Sub-
part D.
The BAT limitations in this regulation
are also subject to EPA's
"fundamentally different factors"
variance. In addition, BAT limitations
for nonconventional pollutants are
subject to modifications under Sections
301(c) and 301(g) of the Act: however,
we are not regulating any
nonconventional pollutants for the
copper forming category.
Pretreatment standards for existing
sources are subject to the
"fundamentally different factors"
variance and credits for pollutants
removed by POTW. (See 40 CFR 403.7,
403.13.) 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" variance or any
statutory or regulatory modifications.
See E. I. duPont DeNemours & Co. v.
Tram, supra.
Xffl. Implementation of Limitations and
Standards
-4. Relationship to NPDES Permits
The BPT and BAT limitations and
NSPS in this regulation will be applied
to individual copper forming plants
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 m all
Federal and State NPBES permits
except to the extent that variances and
modifications are expressly authorized.
Other aspects of the interaction between
these limitations and NPDES permits are
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
policy. For example, even if this
regulation does not control a particular
pollutant, the permit issusr may still
limit such pollutant on a case-by-case
basis when limitations are necessary to
carry out the purposes of the Act. Ln
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. We
emphasize that although the Clean
Water Act is a strict liability statute, the
initiation of enforcement proceedings by
EPA is discretionary. We have exercised
and intend to exercise that discretion in
a manner that recognizes and promotes
good-faith compliance efforts.
B. Indirect Dischargers
For indirect dischargers, PSES and
PSNS are implemented under National
Pretreatment Program procedures
outlined in 40 CFR 403. The table below
may be of assistance in resolving
questions about the operation of that
program. A brief explanation of some of
the submissions indicated on the table
follows:
A "request for category
determination" is a written request,
submitted by an indirect discharger or
its POTW, for a determination of which
categorical pretreatment standard
applies to the indirect discharger. This
assists the indirect discharger in
knowing which PSES or PSNS limits it
will be required to meet. See 40 CFR
403.6(a).
A "request for fundamentally different
factors variance" is a mechanism by
which a categorical pretreatment
standard may be adjusted on a case-by-
case basis, making it more or less
stringent. If an indirect discharger, a
POTW, or any interested person
believes that factors relating to a
specific indirect discharger are
fundamentally different from those
factors considered during development
of the relevant categorical pretreatment
standard and that the existence of those
factors justifies a different discharge
limit from that specified in the
categorical standard, then they may
submit a request to EPA for such a
variance. See 40 CFR 403.13.
A "baseline monitoring report" is the
first report an indirect discharger must
file following promulgation of an
applicable standard. The baseline report
includes: an identification of the indirect
discharger: a description of its
operations: a report on the flows of
regulated streams and the results of
sampling analyses to determine levels of
regulated pollutants in those streams; a
statement of the discharger's
compliance or noncompliance with the
standard: and a description of any
additional steps required to achieve
compliance. See 40 CFR 403.12(b).
A "report on compliance" is required
of each indirect discharger within 90
days following the date for compliance
with an applicable categorical
pretreatment standard. The report must
indicate the concentration of all
regulated pollutants in the facility's
regulated process wastestreams; the
average and maximum daily flows of the
regulated streams; and a statement of
whether compliance is consistently
being achieved, and if not, what
additional operation and maintenance
and/or pretreatment is necessary to
achieve compliance. See 40 CFR
403.12(d).
A "periodic compliance report" is a
report on continuing compliance with all
applicable categorical pretreatment
standards. It is submitted twice per year
(June and December] by indirect
dischargers subject to the standards.
The report shall provide the
concentrations of the regulated
pollutants in its discharge to the POTW;
the average and maximum daily flow
rates of the facility; the methods used by
the indirect discharger to sample and
analyze the data, and a certification that
these methods conform to the methods
outlined in the regulations. See 40 CFR
403.12(e).
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36956 Federal Register / Vol. 48, No. 158 / Monday. August 15, 1983 / Rules and Regulations
Indirect Dischargers Schedule for Submittal and Compuance
Item/event
Applicable sources
Dale or time penod
Measured—
Item sub nutted to—
Request for
Existing ..
60 days.....
From effective date of standard
~vector 1
category
Or 60 days.. ... _ .
From Federal RcotSTen Development
detenrs-
Document Avaftabftty.
natron
New ..
Prior to
cofwnsncefflsflt of
discharge to
POTW
Request for
Basting.
180 days .
From effective date »tandard
Director 1
funda-
O 30 days.
From dectston on category deter-
mentally
mination.
different
factors
variance
Basehne
All. . _ .
180 days . .
From effective Hjata of standard or...
Control authonty •
monitor-
ing report
Final decision on category determina-
tion
Report on
Enstmg
90 days . ...
From date for final compliance
Control authority ¦
comply
ance.
New ... .
90 days
From commencement of riscttarge to
POTW
Penodtc
An
June and December. .
.. _
Control authority •
comptw
ance
reports
1 Dvector»faj Chtet AdmtmstraOve Officer of a Stan water pollution control agency with an approved pretreatment program
or (b) EPA Regional Water Division Director, rf State does not have an approved pretreatment program.
1 Control Authonty-»(a) POTW 4 pretreatment program ftaa been approved or (b) Director of Stat® water pollution control
agency an approved pretreatmeni program or (g EPA Regional Administrator, rf State does not have tn approved
pretreatment program
XIV. Availability of Technical
Information
The basis for this regulation is
detailed in four major documents.
Analytical methods are discussed in
"Sampling and Analysis Procedures for
Screening of Industrial Effluents for
Priority Pollutants." EPA's technical
conclusions are detailed in
"Development Document for Effluent
Guidelines, New Source Performance
Standards and Pretreatment Standards
for the Copper Forming Point Source
Category." The Agency's economic
analysis is presented in "Economic
Impact Analysis of Effluent Limitations
and Standards for the Copper Forming
Industry." A summary of the public
comments received on the proposed
regulation is presented in a report
"Responses to Public Comments.
Proposed Copper Forming Effluent
Limitations Guidelines and Standards,"
which is a part of the public record for
this regulation. Copies of the technical
and economic documents may be
obtained from the National Technical
Information Service, Springfield,
Virginia 22101. (703) 487-4600.
Additional information concerning the
economic impact analysis may be
obtained from Ms. Ann Watkins,
Economic Analysis Staff (WH-586), U.S.
Environmental Protection Agency, 401 M
Street SW., Washington. D.C. 20460 or
by calling (202) 382-5387. Technical
information may be obtained by writing
to David Pepson. Effluent Guidelines
Division (WH-552), U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington. D.C. 20460 or by calling
(202) 382-7126.
This regulation was submitted to the
Office of Management and Budget for
review as required by Executive Order
12291.
This rule does not contain any
information collection requirements
subject to OMB review under the
Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
XV
List of Subjects in 40 CFR Part 468
Copper forming. Water pollution
control Waste treatment and disposal.
Dated: August 4. 1983.
William D. Ruckehhaus,
Administrator.
XVI. Appendices
Appendix A—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 AcL
BMPs—Best management practices under
Section 304(e) of the AcL
BPT—The best practicable control
technology currently available under Section
304(b)(1) of the Act.
Clean Water Act—The Federal Water
Pollution Control Act Amendments of 1972
(33 U.S.C 1251 et. seq.). as amended 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.
i\'PDES permit—A National Pollutant
Discharge Elimination System permit issued
under Section 402 of the Act.
NSPS—New source performance standards
under Section 308 of the Act.
POTW—Publiclyjjwned 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 indirect discharges under Section
307 (b) and (c) of the Act
RCRA—Resource Conservation and
Recovery Act [Pub. L 94-580) of 1970,
Amendments to Solid Waste Disposal Act.
Appendix B—Toxic Pollutants Excluded
From Regulation Because They Were Not
Detected in Copper Forming Wastewater
The following one hundred (100) pollutants
are being excluded under Paragraph 8(a](iii)
because ihey were not detected m ihe
effluent of sampled copper forming facilities.
1. acenaphthene
2. acrolein
3. acrylooitrile
5. benzidei
8. carbon t
7 chlorobe
8. 1.2.4-tncium
9. hexachlorobenzene
10. 1,2-dichloroethane
12. hexachloroethane
13 1,1-dichloroethane
14. 1.1.2-trichloroethane
15 1.1.2,2-tetrachloroethane
16. chloroethane
18. bis(2-chloroethyl) ether
19. 2-chloroethyl vinyl ether
20. 2-cnloronaphthalene
21 2.4.6-tnchlorophenol
22. parachlorometa cresol
24 2-chlorophenol
25. 1.2-dichlorobenzene
28. 1.3-dichlorobenzene
27 1,4-dichlorobenzene
28. 3.3'-dichlorobenzidine
29. 1.1-dichloroethylene
30. 1.2-trans-dichloroethylene
31 2.4-dichlorophenol
32. 1.2-dichloropropane
33. 1.3-dichloropropylene
34. 2,4-dimethyiphenol
35. 2.4-dinitrotoluene
37 1.2-diphenylhydrazine
39. fluoranthene
40. 4-chlorophenyl phenyl ether
41. 4-bromophenyl phenyl ether
42. bis(2-chloroisopropyi) ether
43. bis(2-choroethoxy) methane
45. methyl chloride
48. methyl bromide
47. bromoform
48. dichlorobromomethane
51. chlorodibromomethane
52. hexachlorobutadiene
53. hexachlorocyclopentadiene
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Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36957
54. isophorone
55. nitrobenzene
57 2-nitrophenoI
58 4-nitrophenoI
59 2.4-dinitrophenol
feo 4.6-dinitro-o-cresol
61 N-mtrosodimethylamine
63 N-mtrosodi-n-propylamine
64 pentachiorophenol
65. phenol
66 b:s(2-ethylhexyl) phthalate
67 butyl benzyl phthalate
68. di-n-butyl phthalate
69 di-n-oclyl phthalate
70 diethyl phthalate
71 dimethyl phthalate
72 benzo(a)anthracene
73. benzo(a)pyrene
74. 3.4-benzofluoranihene
75 benzo(k)P.uoranthane
76. chrysene
77 ncenaphthylene
79. benzo(ghi)perylene
BO fluorene
82. dibenzo(a.h)anthrdcene
83 ir.deno(l.Z3-c.d)pyrene
84. pyrene
85 tetrachloroethylerie
88 v-.nyl chlonde
89. aliinn
90. dieldnn
91 chlorodane
92 4.4-DDT
93 4,4-DDE
94 4.4 -DDD
95. alpha-endosulian
96. beta-endosulfan
97 endosulfan sulfate
98. endnn
99 endnn aldehyde
100 heptachlor
101. heptachlor epoxide
102. alpha-BHC
103 beta-BHC
104. gamma-BHC
105. delta-BHC
106. PCB-1242(a)
107 PCB-1254(a)
108. PCB-1221(a)
109 PCB-1232(b)
110 PCB-1248(b)
111. PCB-1260(b)
112 PCB-1016(b)
113 '.oxapher.a
116. asbestos
129. 2.3.7,8-tetrachlorodibenzo p-dioxin
Appendix C—Pollutants Preaont in Amounts
Too Small To Be Treated Using Technology
Known to the Administrator
The following three (3) pollutants are being
excluded under Paragraph 8(a)(iii) because
they are present in amounts too small to be
effectively reduced by technologies known to
the Administrator.
123 mercury
127. thallium
Appendix D—Toxic Pollutants Controlled But
Not Specifically Regulated
Tovc pollutants controlled but not
specifically regulated at BPT. NSPS. PSES
and PSNS.
114. antimony
115. arsenic
118. beryllium
119. cadmium
125. selenium
126. silver
Toxic pollutants controlled but not
specifically regulated at BPT. BAT and NSPS.
4. benzene
11. 1. 1.1-tnchloroethane
23, chloroform
36. 2. B-dinitrotoluene
38. ethylbenzene
44. methylene chloride
55. naphthalene
62 N-nitrosodiphenylamine
78. anthracene
81. phenanthrene
86 toluene
87 trichloroethylene
Appendix E—Toxic Pollutants Detected in
the Effluents of Only One Plant. Uniquely
Related to That Plant and Not Related to the
Manufacturing Process Under Study
121. cyanide
Appendix F—Ust of Toxic Organics
Comprising Tctal Toxic Organics (TTO):
These are the twelve (12) pollutants that
comprise total toxic organics. or TTO'
4 benzene
11. 1.1. l-trichloroethane
23. cnloroform
36. 2. 6-diaitrotoluene
38 ethylbenzene
44. methylene chlonde
55. naphthalene
82. N-nitrosodiphenylamine
78 anthracene
81. phenanthrene
86 toluene
87 trichloroethylene
A new Part 468 is added in 40 CFR lo
read as follows:
PART 468—COPPER FORMING POINT
SOURCE CATEGORY
General Provisions
468.01 Applicability.
468 02 Specialized definitions
468.03 Monitoring and reporting
requirements.
468 04 Compliance date for PSES
Subpart A—Copper Forming Subcategory
468.10 Applicability, description of the
copper forming subcategory
458.11 Effluent limitations representing the
degree of effluent reduction attainable by
the application of the best practicable
control technology currently available
(BPT).
468 12 Effluent limitations representing the
degree of effluent reduction attainable by
the application of the best available control
technology economically achievable (BAT).
468.13 New source performance standards
(NSPS).
468.14 Pretreatment standards for existing
sources (PSES)
468.15 Pretreatment standards for new
sources (PSNS).
468.18 Effluent limitations representing the
degree of effluent reduction attainable by
the application of the best conventional
pollution control technology (BCT).
[Reserved]
Authority: Sees. 301. 304 (b). (c). (e). and
(g). 306 (b) and (c). 307 (b) and (c), and 501 of
the Clean Water Act (the Federal Water
Pollution Control Act Amendments of 1972,
as amended by the Clean Water Act of 1977)
the "Act"): 33 U.S C. 1311. 1314 [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.
General Provisions
5 468.01 Applicability.
The provisions of this subpar! are
applicable to discharges resulting from
the manufacture of formed copper and
copper alloy products. The forming
operations covered are hot rolling, cold
rolling, drawing, extrusion, and forging.
The casting of copper and copper alloys
is not controlled by this part. (See 40
CFR 451.)
^ 468.02 Specialized definitions.
In addition to the definitions set forth
in 40 CFR Part 401 and the chemical
analysis methods in 40 CFR Part 136. the
following definitions apply to this part:
(a) The term "alkaline cleaning bath"
shall mean a bath consisting of an
alkaline cleaning solution through which
a workpiece is processed.
(b) The term "alkaline cleaning, rinse"
shall mean a rinse following an alkaline
cleaning bath through which a
workpiece is processed. A rinse
consisting of a serie3 of rinse tanks is
considered as a single rinse
(c) The term "ancillary operation"
shali mean any operation associated
with a primary forming operation These
ancillary operations include surface and
heat treatment, hydrotesting, sawing,
and surface coating.
(d) The term "annealing with oil" shall
mean the use of oil to quench a
workpiece as it pa3se3 from an
annealing furnace.
(e) The term "annealing with water"
shall mean the use of a water spray or
bath, of which water is the major
consUtuent, to quench a workpiece as it
passes from an annealing furnace.
(f) The ferm "cold rolling" shall mean
the process of rolling a workpiece below
the recrystallization temperature of the
copper or copper alloy.
(g) The term "drawing" aha I! mean
pulling the workpiece through a die or
succession of dies to reduce the
diameter or alter its shape.
(h) The term "extrusion" shall mean
the application of pressure to a copper
workpiece, forcing the copper to flow
through a die orifice.
(i) The term "extrusion heat
treatment" shall mean the spray
application of water to a workpiece
immediately following extrusions for the
purpose of heat treatment.
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36958
Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
(j) The term "heat treatment" shall
mean the application or removal of heat
to a workpiece to change the physical
properties of the metal.
(k) The term "pickling bath" shall
mean any chemical bath (other than
alkaline cleaning) through which a
workpiece is processed.
(1) The term "pickling fume scrubber"
shall mean the process of using an air
pollution control device to remove
particulates and fumes from air above a
pickling bath by entraining the
pollutants in water.
(m) The term "pickling rinse" shall
mean a rinse, other than an alkaline
cleaning rinse, through which a
workpiece is processed. A rinse
consisting of a series of rinse tanks is
considered as a single rinse.
(n) The term "off-kilogram (off-
pound)" shall mean the mass or copper
of copper alloy removed from a forming
or ancillary operation at the end of a
process cycle for transfer to a different
machine or process.
(o) The term "rolling" shall mean the
reduction in the thickness or diameter of
a workpiece by passing it between
rollers.
(p) The term "solution heat treatment"
shall mean the process introducing a
workpiece into a quench bath for the
purpose of heat treatment following
rolling, drawing or extrusion.
(a) The term "spent lubricant" shall
mean water or an oil- water mixture
which is used in forming operations to
reduce friction, heat and wear and
ultimately discharged.
(r) The term "Total Toxic Organics
(TTO)" shall mean the sum of the
masses or concentrations of each of the
following toxic organic compounds
which is found at a concentration
greater than 0.010 mg/1.
benzene
l.l.l-trichloroethane
chloroform
2,6-dinitrotoluene
ethylbenzene
methylene chloride
napthalene
N-nitrosodiphenylamine
anthracene
phenanthrene
toluene
trichloroethylene
(s) The term "alkaline cleaning rinse
for forged parts" shall mean a rinse
following an alkaline cleaning bath
through which a forged part is
processed. A rinse consisting of a series
of rinse tanks is considered as a single
rinse.
(t) The term "pickling rinse for forged
parts" shall mean a rinse, other than an
alkaline cleaning rinse, through which
forged parts are processed. A rinse
consisting of a series of rinse tanks is
considered as a single rinse.
(u) The term "tumbling or burnishing"
shall mean the process of polishing,
deburring, removing sharp corners, and
generally smoothing parts for both
cosmetic and functional purposes, as
well as the process of washing the
finished parts and cleaning the abrasion
media.
(v) The term "surface coating" shall
mean the process of coating a copper
workpiece as well as the associated
surface finishing and flattening.
(w) The term "miscellaneous waste
stream" shall mean the following
additional waste streams related to
forming copper hydrotesting, sawing,
surface milling, and maintenance.
§ 468.03 Monitoring and reporting
requirements.
The following special monitoring
requirements apply to all facilities
controlled by this regulation.
(a) The "monthly average" regulatory
values shall be the basis for the monthly
average discharge in direct discharge
permits and for pretreatment standards.
Compliance with the monthly discharge
limit is required regardless of the
number of samples analyzed and
averaged.
(b) As an alternate monitoring
procedure for TTO, indirect dischargers
may monitor for oil and grease and meet
the alternate monitoring standards for
oil and grease established for PSES and
PSNS. Any indirect discharger meeting
the alternate monitoring oil and grease
standards shall be considered to meet
the TTO standard.
§ 468.04 Compliance date for PSES.
The compliance date for pretreatment
standards for existing sources is August
15,1986.'
Subpart A—Copper Forming
Subcategory
§ 468.10 Applicability; description of the
copper forming subcategory.
This subpart applies to discharges of
pollutants to waters of the United
States, and introduction of pollutants
into publicly owned treatment works
from the forming of copper and copper
alloys.
1 The Consent Decree in NRDC v. Train. 12 ERC
1833 (D.D.C. 1979) specifies a compliance date for
PSES of no later than June 30,1984, EPA has moved
for a modification of that provision of the Decree.
Should the Court deny that motion. EPA will be
required to modify this compliance date
accordingly.
§ 468.11 Effluent limitations representing
the degree of effluent reduction attainable
by the application of the best practicable
control technology currently available
(BPT).
Except as provided in 40 CFR Part
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:
(a) Subpart A—Hot Rolling Spent
Lubricant BPT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monmfy
day
average
Metnc urot»—mg/otf-kg of
copper or
copper alloy
hot rolled
English units—pounds per
1,000,000 ofl-pounCs of
copper or
copper alloy
hot roiled
Chromium _..
0 045
0018
Copper - —
0 19S
0103
Lead —
0015
0013
Nickel
0 197
0.130
Z-nc
0 150
0.062
Oil and Grease
2 060
1 236
TSS ..... -
4 223
2008
P"
(')
(l>
1 Wrthin the range of 7 5 to 10 0 at a!l times.
(b) Subpart A—Cold Rolling Spent
Lubricant BPT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg ot-
copper or copper aJloy
cokJ rotted
English units—pounds per
1.000.000 off-pounds of
copper or copper alloy
cold rolled
Chromtum
0 166
0 068
Copper
0.720
0.379
Lead
0.056
0 049
Nickel —
0 727
0 481
Zinc ...~ „ ,
0.553
0.231
O! and Grease
7580
4 548
TSS . .... ~
15.539
7.390
pH -
(')
(')
1 Wrtfnn the range of 7 5 to 10 0 at an times
(c) Subpart A—Drawing Spent
Lubricant BPT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for month fy
day
average
Metric units—mg/off-kg of
copper or copper aHoy
Enghsh units—pounds per
1,000,000 off-pounda of
copper or copper alloy
drawn
Chrommm 0.037 0015
Copper I 0 161 I 0.085
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Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36959
Maximum
Maximum
Pollutant or pollutant property
lor any t
for monthly
oav
average
Lead
0012
0011
Nickel... .
0 163
0 107
Zinc . . ..
0 124
0051
CM and grease
1 700
1 020
TSS „
3 485
1 657
pH
(')
(')
1 Witfnn the range of 7 5 to 10 0 at all umes
(d) Subpart A—Solution Heat
Treatment BPT Effluent Limitations
Maximum
I Maximum
3oiiutant or pollutant property
lor any i
j lor monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
heal treated
English units—pounds per
1.000.000 off-pounds of
cooper or copper alloy
heat treated
Chrom.um
1 118
0 457
Copper „
4 827
2 541
Lead
0381
0 330
Nickel ...
4 878
3 227
Zinc . . ..
3 709
1 550
Oil and grease
50 820
30.492
TSS - .
104 181
49 549
pH — -
(')
H
1 Within the range of 7 5 to 10 0 at all times
(e) Subpart A—Extrusion Heal
Treatment BPT Effluent Limitations.
Po^uiant or pollutant property
Max-mum for [
any 1 day |
Wax [mum for
monthly
average
Metnc units—mg/otf-kg of
copper or copo«r alJoy
heat treated on an extru-
sion press
English units—pounds per
1.000.000 off-pound* of
copper or copper alloy
heat treated on an extru-
sion presa
Chromium .. ..
0 00088
000036
Cooper
0 003
0 002
Lead
0 0003
0 00026
Nickel
0 003
0 002
Zinc
0 002
0 001
Oil and grease .
0 040
0 024
TSS ~ _.. ....
0 082
0 039
pH
(')
(')
' Within the range of 7 5 to 10 0 at ail times
(f) Subpart A—Annealing With Water
BFT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
tor any t
for monthly
dav
average
Metnc units—mg/off-kg of
copoer or copper an-
nealed with water
English units—pounds per
1.000,000 off-pounds of
copper or copper alloy
annealed with water
Chromium
Copper .
Lead
Nickel
2.493
10 707
0 850
10.880
1 020
5 667
0 736
7 197
Maximum
Maximum
Maximum i
Maximum
PoOutant or pollutant property
for any t
for monthly
Polkitar.t or pollutant property
for ary 1 |
~or monthly
day
average
day |
average
Zinc
3 273
3 456
TSS .
518 322
246 519
Otl and grease -
113 340
68 004
pH . . .
V) |
(')
TSS _
232 347
110 506
<¦>
I
n
1 Within the range of 7 5 to 10 0 at all times.
1 Within the range of 7 5 to '0 0 at ail times.
(g) Subpart A—Annealing With Oil
BFT Effluent Limitations.
Maximum
Maximum
Podutan: or pollutant property
tor any 1
for monthly
day
average
Metnc units—mg/off-kg of
cooper or copper alloy
annealed with oil
English unrt»—pounds par
1.000,000 off-pounds of
copper or copper alloy
annealed with otl
Chromium-..
0
0
Copper. ..... . ~
0
0
1 aaH
0
0
Nickel-
0
0
Zinc -
0
0
Oft and grease _...
0
0
TSS
0
0
PH
t1)
H
' Within the range of75tol00atafl tames.
(h) Subpart A—Alkaline Cleaning
Rinse BPT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copoer liloy
alkalme cleaned
English units—pounds per
1.000.000 off-pounds of
copper or copper alloy
alkaline cleaned
Chromtum
1 854
0 758
Copper .... ..
8006
4.214
Lead
0 632
0 547
Ntcnet
8090
5.351
Zinc ~ „
6 152
2.570
Oil and grease - j
84 260
50 568
TSS
172.774
82 173
pH _
t1)
(')
1 Withm the range of 7 5 to to 0 al All times.
(i) Subpart A—Alkaline Cleaning
Rinse for Forged Parts BPT Effluent
Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
forged parts aikahne
cleaned
English units—pounds per
1,000,000 off-pounds of
copper or copper alloy
forged parts aikahne
cleaned
Chromium
Copper
Lead.. .
Nickel
Zinc
Otl and grease
5562
2.275
24.019
12.642
1 896
1 643
24 272
16.055
18.457
7 711
252.840
151 704
(j) Subpart A—Alkaline Cleaning Bath
BPT Effluent Limitations.
Pollutant or pollutant property
Maximum | Maximum
for any 1 for monthly
day ' average
Metnc units—mg/off-kg
of cooper or copper
alloy parts alkaline
dearwd
English units—pounds
per 1,000.000 off-
pounds of copper or
copper aitoy (orged
parts alkaline cleaned
Chromium > . _ _.
0020
0 0084
Copper
0 089
0046
Lead
0 0070
00060
Nicfcat -
0 089
0 059
7"«c ,,, ,
0 068
0 028
Oil and grease .. .. ...
0 93
056
TSS
1 91
091
PH. „ _ „
<')
(')
| Within the range of 7 5 to 100 at all times.
(k) Subpart A—Pickling Rinse BPT
Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or
copper alloy
pickled
English units—pounds
per/1.000.000 off-
pounds of
copper or
copper attoy ptckled
Chromtum _
1 593
0651
Copper
6 881
3622
Lead
0 543
0 470
Ntckei
6 954
4 599
7inc
5.288
2.209
OW and Grease - ......
72.440
43.464
TSS . „ .
146.502
70.629
pH -
(')
C>
1 Within the range of 7 5 to 100 at aH times.
(1) Subpart A—Pickling Rinse for
Forged Parts BPT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant properly
tor any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
forged parts ptcfcled
Engflsh units—pounds
per/1.000.000 off-
pounds of copper or
copper alloy forged
parts ptcMed
Chromium
Copper.
Lead
Ntckel. ...
Zinc
Otl and Grease
TSS
1 723
0 705
7 444
3 918
0 587
0 509
7 522
4 975
5.720
2.389
78 360
47 016
160.638
76 401
-------
36960 Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
Pollutant or pollutant property
Maximum
for any 1
day
Maximum
(or monthly
average
Pollutant or pollutant property
Maximum
for any 1
day
Maximum
for monthly
average
PH
(')
(')
1 Within the range of 7 5 to 10 0 at ail times
§ 468.12 Effluent limitations representing
the degree of effluent reduction attainable
by tf» application of the best available
technology economically achievable.
Except as provided in 40 CFR Part
125.30-32, any existing point source
subject to this subpart must achieve the
following effluent reduction attainable
by the application of the best available
technology economically achievable
(BAT]:
(a) Subpart A—Hot Rolling Spent
Lubricant BAT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any.1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
hot rolled
English Units—pounds per
1,000.000 off-pounds of
copper or
copper alloy
hot rolled
Chromium
0.045
0.018
Copper....- - ..
0 195
0.103
Lead
0015
0.013
Nickel -
0.197
0 130
Zinc
0150
0 062
(b) Subpart A—Cold Rolling Spent
Lubricant BAT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
cooper or
copper alloy
cold rolled
English units—pounds per
1.000 000
off-pounds of
copper or
copper alloy
cold rolled
Chromium
0 166
0068
Copper
0 720
0 379
Lead. .
0 056
0 049
Nickel
0 727
0481
Zinc
0 553
0 231
(c) Subpart A—Drawing Spent
Lubricant BAT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units— mg/otf-kg of
copper or copper alloy
drawn
English units—pounds per
1.000,000 off-pounds of
copper or copper alloy
drawn
Chromium .
0 037
0015
Copper
0 161
0 085
Lead
0012
0011
Nickel
0 163
0 107
Zinc
0 124
0.051
(d) Subpart A—Solution Heat
Treatment BAT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
heat treated
Engitsh units—pounds per
1,000,000 off-pounds of
copoer or copper alloy
heat treated
Chromium
0284
0 116
Copper
1 227
0 646
Lead
0 096
0 083
Nickel
1 240
0 820
Zinc
0 943
0 394
(e) Subpart A—Extrusion Heat
Treatment BAT Effluent Limitations.
Pollutant or pollutant property
Maximum for
any 1 day
Maximum for
monthly
average
Metnc Units—mg/off-kg of
copper or copper alloy
heat treated on an extru-
sion press
English Units—pounds per/
1,000,000 off-pounds of
copper or copper alloy
heat treated on an extru-
sion press
Chromium ..
000088
0 00036
Coppar - —
0003
QC020
L Aari
00003
0 00026
Nickel
0 003
0 002
Zinc
0.002
0 001
-------
Federal Register / Vol. 43, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36961
(f) Subpart A—Annealing with Water
BAT Effluent Limitations.
PC-tanl or pollutant property
Maximum
• Maximum
for any 1
i lor monthly
day
i average
Metnc Units—mg/off-*g cf
copper or conoer alloy
annealed witn water
English Units—pounds
per/1 000.000 orf-
pounds of copper or
copper alloy annealed
with water
Chromium . . ..
j 0.545
0 223
Chromium,
5 562 |
2 275
Copper
. ! 2356
1 240
Copper
! 24019 1
12842
Lead.
i 0
0 161
Lead
, 1 896 1
1 640
Nickel
. . J £380
1 574
Nickel . .
24 272 |
16 055
Zinc
1 810
0,756
Zinc
. | 18 457
7711
(gj Subpart A—Annealing with Oil
BAT Effluent Limitations.
Maxtmum 1 Maximum
Po'lutant or pollutant property for any 1 I lor monthly
day J average
Metnc units—mg/off-kg of
copper or copper alloy
annealed with oil
English units—pounds per
1.000,000 off-pounds of
copper or copper alloy
annealed with od
Chromtum
0
0
Copper ...
0
0
l%ad
0
0
N»c«al ...
0
0
Zirc
0
0
(h) Subpart A—Alkaline Clearing
Rinse BAT Effluent Limitations.
Pol'utant or pcilutant property
Maximum Maximum
for any 1 ! for monthly
day j average
Metnc units—mg/ofl-kg of
copper or copper alloy
alkaUne cleaned
English units—pounds per
1,000,000 off pounds of
copper or copper alloy
alkaitne cleaned
Chromium
1 8&d
0 758
Copper
8006
4 214
Lead
0 632
0 547
N>ckel . ...
8 090
5351
Zmc
5 152
2 570
(i) Subpart A—Alkaline Cleaning
Rinse for Forged Parts BAT EFfluent
Limitations.
( Maximum j Maximum
Pollutant or pollutant property ( for any 1 ¦ for monthly
i day j average
Metnc Units—mg/off-*g of
cooper or cooper alloy
forged parts alkaline
cleaned
English Units—pounds per
1 OCO.OOO ofi-pounds of
copper cr coopor alloy
forged parts alkaline
cleaned
(j) Subpart A—Alkaline Cleaning Bath
BAT Effluent Limitations.
Pollutant or pollutant property
1 Maximum for
j any 1 day
! Maximum tor
monthly
average
Metnc Units—mg/off-kg of
copper or copper alloy al-
kaline cleaned
English Units—pounds per
1,000,000 ott-pounds of
cooper or copper alloy al-
kaline cleaned
Chromium ....
0 020
0 0064
Copper
0 068
0 046
Lead
0 0070
0 C060
Nickel
0 089
0 359
Zinc .
0068
0 028
(k) Subpart A—Pickling Rinse BAT
Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
. _
day
average
Chromium
0 574
0 235
Copper
2 481
1 306
Lead
0 195
0 169
Nickel
2 507
1 658
Zinc ....
1 906
0 736
(I) Subpart A—Pickling Rinse for
Forged Parts BAT Effluent Limitations.
Metnc Units—mg/off-kg of
copper or copper alloy
pickled
Engl'sh Unrts—pounds per
1,000 000 off-pounds of
copper or copper alloy
ptckled
Pollutant or pollutant property
Maximum
for any 1
day
Maximum
for monthly
average
Metnc Units—mg/off-kg of
copoer or copper alloy
forged parts otckied
English Urvts—pounds per
i.OOO COO oH-oounas of
copper or cccoer alloy
forged parts picked
Chromtum . . .
1 723 0 705
Coooer
7 444 1 3 9»8
Load ,, .,
0 587 , 0 509
Nickel ...
7:z2 : 4 575
Zinc
5 720 I 2 389
i
(m) Subpart A—Pickling Bath BAT
Effluent Limitations.
Maximum ' Maximum
Pollutant or pollutant property
for any 1 for monthly
day I average
Metnc units—mg/off-kg of
cooper or cooper alloy
p+c«led
Enghsh unns—pounds per
1.000,000 otf-pounds of
coooer or copoor alloy
picxled
Chromtum . .
0 051 ' 0 020
Cooper _..
0 220 j 0116
Lead
0017 j 0015
Ntckel ....
0.222 | 0147
Ztnc
0.169 1 0 070
(n) Subpart A—Pickling Fume
Scrubber BAT Effluent Limitations.
Pollutant or pollutant property
Maximum
for dry t
day
Maximum
for monthly
average
Metnc units—mg/ofl-kg of
copper or cooper alloy
ptckled
English units—pounds per
1.000 000 off-pounds of
copper or copper alloy
ptckled
Chromtum
0 275
0 112
Copper ... . ...
1 169
0 626
Lead
0 093
0 081
Nickel. ...
1 201
0 795
Zinc
0,913
0 381
(o) Subpart A—Tumbling or
Burnishing BAT Effluent Limitations.
Pollutant or pollutant properly
Maximum [ Maximum
for any i J for monthfy
day j average
Metnc units—mg/off-kg of
copper or copper a'loy
tumbled or burnished
English units—pound per
t.000,000 otl-pounds of
copper or copper alloy
tumbled or burnished
Chromium . . .
- j 0 256
0 104
Copper
1 107
0 583
Lead . .
, I 0 007
0 075
Nickel
I 1 119
0 740
Zinc
0 851
0 355
-------
36962 Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules ana Regulations
(p) Subpart A—Surface Coating BAT
Effluent Limitations.
Maximum
Maximum
Pottuiant or pollutant property
for any 1
for monthly
day
average
Memo units—mg/off-kg of
copper or copper alloy
Surface coated
English units—pound per
1,000.000 off-pounds of
ccpDer or copper artoy
surface coated
Chromium .
0 326
0 133
Cooler
t 411
0 743
Lead
Q.I 11
0 OSS
Nickel .
1 426
0943
Zinc
1 084
0 4S3
(q) Subpart A—Miscellaneous Waste
Streams BAT Effluent Limitations.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for montniy
day
average
Metre units—mg/oft-kg 0*
copper or copper altoy
formed
English units—pounds per
1,000.000 off-pounds Of
copper or copper alloy
formed
Chromium
Copper
Lead
Nickel
Zinc
0 009
0 003
0041
0 021
0 003
0 002
0041
0 027
0 031
0013
§466.13 New source performance
standards (NSPS).
The following standards of
performance establish the quantity or
quality of pollutants or pollutant
properties, controlled by this section,
which may be discharged by a new
source subject to the provisions of this
subpart:
(a) Subpart A—Hot Rolling Spent
Lubricant NSPS.
Maximum
Maximum for
Pollutant or pollutant property
for any t
monthly
day
average
Metnc units—mg/orf-kg of
copper or copper alloy
hot rotted
Engfish units—pounds per
i,000,000 off-pounds of
copper or copper altoy
hot rotted
Chromium
0 038
0015
Copper...
0 131
0 062
Lead
C010
0 0092
Nickel
0 056
0 038
Zinc ......
0 105
0 043
Ol and grease
1030
1 030
TSS
1 545
1.236
pri -
I1)
n
[b] Subpart A—Cold Rolling Spent
Lubricant NSPS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc unrts—mg/off-kg of
copper or copoer alloy
cold rolled
English urwts—pounds per
t,000.000 off-pounds ol
copper or cooper alloy
cold rolled
Chromium
O.MO
0 056
Copper
0 4es
0 231
Lead .. .
0 037
0 034
Nickel .... ....
0 208
0 140
Zinc .. -
0 366
0.159
Oil ar>d grease
3 790
3 790
TSS . - .
5 665
4548
PH
{')
(')
1 Wtthm the range of 7 5 to 10 0 at all tines
(c) Subpart A—Drawing Spent
Lubricant NSPS.
1 Within the range of 7 5 to 10 0 at aH times.
Metnc units—mg/otf-kg of
copper or coppor alloy
drawn
English unrts— pounds per
1.000,000 off-pounds of
copper or copper alloy
drawn
Chromium
0 031
0012
Copper
0 108
0051
Lead. .
0 0085
0 0076
Nickel
0 046
0 031
Zinc
0 086
0 035
Oil and grease ..
0 85
0 85
TSS
1 275
1 020
PH
I1)
(l)
1 Withm the range of 7 5 to 10 0 at all times
(d) Subpart A—Solution Heat
Treatment NSPS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
capoer or copper alloy
drawn
English units—pounds per
1,000,000 off-pounds of
copper or copper aboy
heat treated
Chromium
0 239
0 096
Copper
0 826
0394
Lead -
0 064
0 058
Nickel
0 355
0 239
0658
0.271
Oil and grease .... - ......
6460
6460
TSS
9.690
7 752
PH
(')
(M
1 Wrthm the range of 7 5 to 10 0 at all times
(e) Subpart A—Extrusion Heat
Treatment NSPS.
Metnc unrts—mg/off-kg of
cooper or copper alloy
heat treated on an extru-
sion press
English units—pounds per
1.000,000 off-oounds of
copoer or copper adoy
heat treated on and ex-
trusion press
Chromium .
00GQ74
000030
Copper
0 0020
00010
Lead ...
0 00020
0 00018
Nickel ..
00010
0 00074
Zinc
0 0020
0 00084
Ol and grease.
0 020
0 020
TSS ... . - . ..
0 030
0 024
pH ....
n
V)
1 Wtthin the range of 7 5 to 10 0 at ail times
(f) Subpart A—Annealing with Water
NSPS.
Pollutant or pollutant property
Max»mum for
any 1 day
Maximum tor
monthly
average
Metnc unrts—mg/oH-kg oi
cooper or copper alloy
annealed with water
English unrts—pounds per
1,000.000 off-pounds of
copper or copoer altoy
annealed with water
Chromium
0 458
0 186
Copper .. . . .. ..
10 587
0 756
Lead
0 124
0 111
Nickel
0 682
0 458
Zinc
0 264
0 520
Ol and grease
12 400
l£400
TSS _
18600
14 880
pH
n
> Wtthm the range of 7 5 to 10.0 at all times.
(g) Subpart A—Annealing with Oil
NSPS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for montniy
day
average
Metnc units—mg/otf-kg of
copper or copper alloy
annealed with oil
English unrts—pounds per
1.000,000 off-pounds ol
copper or copper alloy
annealed wth Oft
Chromrum . .
0
0
Copper.
0
0
Lead ... .
0
0
Nickel
0
0
Zinc
0
0
Oil and grease
0
0
TSS
0
0
pH
V)
H
1 Within the range of 7,5 to 10 0 at aH times.
(h) Subpart A—Alkaline Cleaning
Rinse NSPS.
-------
Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36963
Pollutant a pollutant property
I
Maximum j Maximum
lot any 1 i lot monthty
day I average
Metnc unrts—mg/off-kg of
copper or copper alloy
alkaline cleaned
Chromium ..
Ccpoor
Lead
Nickel .
Zioc
Oil and grease .
TSS . _ _ .
•
1 559
0 632
5 393
2 570
0 421
0:79
2 317
1 559
4 298
1 759
42 U0
42.140
6 3 210
(')
SC 563
1 Within me range of 7 5 to »0 0 at ail times
10 Subpart A—Alkaline Cleaning
Rinse for Forged Parts NSPS.
Pollutant or pollutant property
Ma
1 With.n the range of 7 5 to 10 0 at all times
(m) Subpart A—Pickling Bath NSPS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
cooper or copper alloy
pjcxiad
English unrts—pounds per
1 000,000 of-pounds of
coooer or copper alloy
piCKied
Chromium ...
0017
0 0070
Chromium
. j 0 042
0017
Cooper
0 059
0 028
Copper
I 0 148
0 070
lead
00046
0 0042
Lead...
. | 0011
0010
Nickel. .
0 025
00:7
Nickel
j 0 063
0 042
Zinc
0 047
0019
Zmc
| 0 118
0 048
Oil and grease
046
0 46
Oil and grease.
; 1 160
1 160
TSS ... ...
0 70
0.56
TSS
| t 740
1 392
pH ...
(l)
n
pH . . .. ... .
: (>
(')
1 Within the range of 7 5 to 10 0 at ail times.
(n) Subpart A-
Scrubber NSPS.
-Pickling Fume
Maximum
Maximum
Pollutant or ooHutant property
for any \
tor montnly
day
average
Metnc units—mg/off kg of
cooper or copper alloy
pickled.
English units-oounds per
1,000.000 ort-pounds of
coooer or copper aitoy
pickled
Chromtum
0 216
0 087
Chromium
0 231
0 093
Cooper
0 748
0 356
Copper, . .
0 801
0381
Lead.
0 058
0 052
Lead
0 062
0 056
Nick8l ... -
0 321
0216
Nickel _ _
0 344
0231
Zinc
0 596
0 245
Z.nc
0 638
0 262
Oil and grease
5 850
S 850
Oil and grease .
6 260
6 260
TSS
8,775
7 020
TSS-
9 390
7 512
pH . .. .
n
{')
pH
(')
i1)
1 Within the range of 7 5 to 10 0 at ail times
(0) Subpart A—Tumbling or
Burnishing NSPS.
Maximum
Maximum
Pollutant or poliutant prooerty
tor any I
for monthly
day
average
Metnc units—mg/off-kg o1
copper or
copper Tum-
pled or ourrushed
English units—pounds per
1,000 000 ort-pounos of
copper or
copper alloy
tumbled or burnished
Chromium-
0 215
0 067
Copper
0 746
0 355
Lead.. -
0 058
0 052
Nickel
0 320
0215
Zinc
0 594
0.244
Oil and grease
5 830
5 830
TSS . ..
8.745
8 396
PH
(')
(l)
1 Within me range o( 7 5 to 10 0 at all times.
(p) Subpart A—Surface Coating NSPS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/otf-kg o*
copper or cooper alloy
surface coated
English units—pounds per
1.000,000 ort-pounds of
coooer or cooper alloy
surface coated
Chromium
0 274
0 111
Copper -
0 951
0 453
Lead -
0 074
0066
Nickel . .
0 408
0 274
Zinc -
0 757
0312
Oil and grease.... -
7 430
7 430
TSS.
11 145
8916
p*
(')
(')
' With.n the range of ~ o to 10 0 at all time#
(q) Subpart A—Miscellaneous Waste
Streams NSPS.
-------
36964 Federal Register / Vol. 48. No. 158 / Monday, August 15, 1983 / Rules and Regulations
1 1
hjav.m.,m , Maximum for
Potlutant or pollutant property | ' monttily
Metnc units—mg/off-kg of
copper or copper alloy
formed
English units—pounds/
1.000,000 off-pounds of
copper or copper alloy
termed
Chromium
0 008
0 003
Copper
0 027
1.013
Lead
0 0021
0 0019
Nickel
0011
0.008
Zinc ..
0 022
0009
Oil and grease
0218
0218
TSS
0 327
0,261
PH
(')
<¦}
Wtttim ttie range of 7 5 to 10 0 at all times.
§ 460.14 Pretreatment standards for
existing sources (PSES).
Except as provided in 40 CFR Parts
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:
(a) Subpart A—Hot Rolling Spent
Lubricant PSES.
Maxrmtmi
Maximum
Pollutant or pollutant property
tor any i
for monthly
day
average
Meinc unrts—mg/off-kg of
copper or copper alloy
hot roiled
English units—pounds per
1.000.000 off-pounds at
copper or copper ailoy
hot rofted
Chromium . .... ... .
0045
0016
Copper
0 195
0 103
Lead
0015
0013
N>ckel_\
~....... .....
0.197
0 130
Zinc ...„
0 150
0 062
TTO
0 066
0 035
OU and grease 1 . .
.. . ....
2060
1 236
1 For alternate momtonn©.
(b) Subpart A—Cold Rolling Spent
Lubricant PSES.
Maximum
i
1 Maximum
Pollutant or pollutant property
for any 1
for monthly
day
1 average
Metnc unfts—mg/otf-kg of
copper or copper alloy
cotd rolled
Engtsh units—pounds per
1.000.000 off-pounds of
copper or copper alloy
cotd rotted
Chromium
0.166
0068
Copper
0 720
0 379
Lead
0 056
0 049
Nickel....
0 727
0461
Zinc
0 553
0 231
TTO
0 246
0 128
Otl ano grease'
7 560
4 548
1 For alternate monrtonng
(c) Subpart A—Drawing Spent
Lubricant PSES.
Maximum I Maximum
Pollutant or pollutant property tor any 1 for monthly
day average
l
Metnc unns—mg/otl-kg of
copper or copper alloy
drawn
English units—pounds per
1.000.000 off-pounds of
copper or copper alloy
drawn
Chromium
0 037
0,015
Copper
0 161
0 085
Lead
0012
0011
Nickel
0 163
0 107
Zinc ..
0 124
0 051
TTO
0 055
0 028
Oil and grease1
t 700
1 020
1 For alternate monitoring
(d) Subpart A—Solution Heat
Treatment PSES.
Maximum
Maximum
Pollutant or pollutant property
tor any 1
for monthly
day
average
Metnc unrts—mg/off-kg of
copper or copper alloy
heat treated
English units—pounds per
1,000,000 off-pounds of
copper or copper alloy
heat treated
Chromium
0 284
0 116
Copper ......
1 227
0 646
Lead
0096
0 063
Nickel ..
1 240
0 820
Zinc
0943
0 394
TTO
0.419
0219
Oil and grease 1 ... .
12 920
7 752
' For alternate monrtonng.
(e) Subpart A—Extrusion Heat
Treatment PSES.
Pollutant or poHutani property
Maximum for
any 1 day
Maximum for
monthly
average
Metnc units—mg/off-kg of
copper or copper alloy
heat treated on an extru-
sion press
English unrts—pounds per
1,000,000 off-pounds oi
copper or copper alloy
heat treated on an extru-
sion press
Chromium
000088
0 00036
Copoer ...
0 0030
0 0020
Lead ..
000030
0 00026
Nickel
0.0030
0 0020
Zinc
0.0020
o.ooto
TTO
0.0010
000068
Oil and grease 1
0.040
0 024
1 For alternate momtonng.
Maximum
Maximum
Pollutant or poilulam property
for any 1
for mcntnly
day
average
Metnc units—mg/off-kg of
copcer or
cooper alloy
anneaied *ftn water
English units—pounds per
1 000,000
o
s
o
copper or
copper alloy
annealed with water
Chromium
0 545
0 223
Copper
2 356
1 240
Lead .
0 136
0 161
Nickel
2 280
1 574
Zinc ...
1 810
0 756
TTO
0 806
0*21
Oil and grease 1
24 800
14 880
1 For alternate monrtonng.
(g) Subpart A—Annealing With Oil
PSES.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthfy
day
average
Metre unrts—mg/off-kg of
copper or coooer alloy
annealed with otl
English unrts—pounds per
1,000,000 off-pounds of
copper or copper alloy
annealed with ort
Chromium ..
0
0
Copoer..
0
0
Lead -...
0
0
Nickel - ...
0
0
Zinc
0
0
TTO -
0
0
Orl and grease'
0
0
1 For alternate monrtonng.
(h) Subpart A—Alkaline Cleaning
Rinse PSES.
Maximum
Maximum
Pollutant or pditutam property
for any 1
for monthly
oay
average
Metric units—mg/off-kg of
copper or copper alloy
alkaline cleaned
English unrts—pounds per
1.000.000-o<1 pounds of
cooper or copper ailoy
alkaline cleaned
Chromium -
1 854
0 758
Copper ......
8006
4214
Lead .... -
0 632
0 547
Nickel
8 090
5 351
Zinc
6 152
2 570
TTO ..
2 739
t 432
0«l and grease1
84.280
50 568
' For alternate monrtonng.
(i) Subpart A—Alkaline Cleaning
Rinse for Forged Parts PSES.
(f) Subpart A—Annealing with Water
PSES.
-------
Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations
36965
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg off-kg of
copper or copper afloy
forged parts alkaline
cleaned
English units—pounds per
1,000.000 off—pounds
of copper or copper
alloy forged parrs alka-
line cleaned
Chromium
Copper .
Laad._
Nickel. .
Zinc .
TTO
Oil and grease 1
r~
5 562
2 275
24 019
12.642
1 896
1.643
24 272
16.055
18 457
7711
8217
4298
252. £40
151 704
' For alternate monrtonng.
(j) Subpart A—Alkaline Cleaning Bath
PSES.
PoUuiant or pollutant property
Maximum for
any 1 day
Maximum for
monthly
average
Metnc unrts—mg/off-kg of
copper or copper alloy al-
kaline cleaned
English unrts—pounds per
1.000.000 off—pounds of
copper or copper afloy ai>
kame cleaned
Chromium
0.020
O.OOM
Copper
0.088
0 046
lead _ ...... .....
0 0070
0 0060
NlC^ 64
0.089
0.059
Zinc..
0.088
0 028
TTO
0030
0015
Oil and grease1
093
0.56
' For alternate monrtonng
(k) Subpart A—Pickling Rinse PSES.
Maximum
Maximum
PoQutant or pofiutant property
tor any t
for monthly
day
average
Metre urxts—mg/off-kg of
copper or copper aUoy
ptckled
Enghsh units—pounds per
1.000,000 of pounds of
copper or copper alloy
pickled
Chromium
0 574
0 235
Copper
2 461
1 306
Lead
0.195
0169
Nickel
2307
1£58
Znc
1.906
0 796
TTO
0.648
0444
Oil and grease 1 j
26.120
15672
1 For attentate monrtonng.
(1) Supart A—Pickling Rinse for
Forged Parts PSES.
Pollutant or poButant property
Maximum
for any I
day
Maximum
for monthly
average
Metnc untts—rrtg/otf-kg of
copper or copper alloy
forged pans ptckled
English units—pounos per
1.000.000 off-pounds of
cooper or cooper ailoy
forged parts ptckled
1 For altamate monrtorng
(n) Subpart A—Pickling Fume
Scrubber PSES
Maximum
Maxwnum
Pollutant or pofiutant properly
for any 1
for monmty
day
average
Metnc umls—mg/off-kg of
copper or
copper alloy
ptckled
English units—pounds per
1,000.000 off-pounds at
copper or
copper alloy
pickled
Chromium
0 275
0.112
Copper .
0 >89
0 626
Lead
0 093
0 081
Nickel .
1 201
0 795
Z3nc-
0913
0 381
TTO.. —
0 406
0212
CU and grease 1
2.520
7 512
1 For alternate monrtonng
(o) Subpart A—Tumbling or
Burnishing PSES.
Pollutant or pofiutant property
Metnc units—mg/off-kg of
copper or copper alloy
tumoled or burnished
English units—pounds per
1.000.000 off-pounds of
cooper or copper alloy
tumbled or burnished
Chromium.
Copper
0 256
1 107 I
0 104
0 583
Pollutant or pollutant property
Maximum , Maximum
for any 1 , for monthly
day i average
Lead... .
Ntckel
Zinc
TTO-.. ~.
Oil and grease 1
0 087 ,
1 M9
0051
0 378
11 660 '
0 075
0 7\ 0
0 355
0 198
6 996
Chromium
i 723
0 705
Copper —
7444
3.918
Lead -
0 587
0 509
Nickel. -
7 522
4 975
Zinc
5 720
2.389
TTO.. - . -
2 546
1 332
Od and grease 1 _
78 360
47016
1 For alternate monrtonng
[m] Subpart A—Pickling Bath PSES.
Maximum
Maximum
Pollutant or pollutant property
for any t
for monthly
day
average
Metnc unit9—mg/otf-kg of
copper or
copoer afloy
pick! Ad
English units—pounds p«r
1 000.000
off-pounds of
copper or
copper alloy
ptckled
Chromium
0.05!
0 020
Copper.™
0 220
0 116
Lead
0017
0015
Ntckel
0 222
0 147
75nc
0 169
0 070
TTO
0 075
0 039
Oil and grease l.
2.320
1.392
1 For alternate monrtonng
[p) Subpart A—Surface Coating PSES.
Maximum I Maximum
Polhjtant or pollutant property j for any 1 I tor monthly
; day i average
Metnc units—mq/otf-kg 01
copper or copper alley
surface coated
English units— pounos per
1,000.000 off-pounds of
copoer or coooer alloy
surface coatee
Chromium
0.326
0 133
Copper — . . ..
1 411
0 743
Lead ..
0 111
0 096
Nickef -
i 426
0 943
Zinc
1 084
0 453
TTO ..„
0 482
0 252
Oil and grease 1 . ...
14 960
B 916
1 For alternate morntonng.
(q) Subpart A—Miscellaneous Waste
Streams PSES.
Pollutant or pollutant property
Maximum
tor any 1
day
Maximum
for mo^hty
average
Metnc units—mg/off-kg of
copper or copper alloy
formed
English unrts—pounds oer
t ,000,000 oft pounds of
copper or copper alloy
formed
Chromium _
0,009
0 003
Copper _. - -
0041
0 021
Lead .
0003
0.002
Nickel-..
0 041
0 027
Zinc
0C31
0013
TTO ...
0014
0 007
Oil and grease 1 - — — - - - -
0 436
0261
1 For alternate monrtonng
§ 468.15 Pretreatmerrt standards for new
sources (PSNS).
Except as provided in 40 CFR Part
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
sources for new sources:
(a) Subpart A—Hot Rolling Spent
Lubricant PSNS.'
-------
36966 Federal Register / Vol. 48, No. 158 / Monday, August 15. 1983 / Rules and Regulations
Maximum
Maximum for
PoMutant or pollutant property
tor any one
monthly
day
average
MoWc units—mg/ott-kg of
copper or copper alloy
hot rofled
En^isft pounds per
1,000,000 off-pounds erf
copper or copper aHoy
hot rolled
Chromium ..
0.038
0015
Chromium
0.239
0096
Copper „.
0131
0 082
Copper
0.826
0 394
Lead
0.010
0 0092
Lead
0 064
0 058
Nickel .. .
0.056
0038
Nickel
0.355
0 239
Zinc.. ..
0 105
0 043
Zinc -
0 668
0.271
TTO .
0 035
0 035
TTO...
0219
0219
Ol and grease 1 .. -
t 030
1 030
CM and grease1
6 460
6460
* For alternate monitoring.
(b) Subpart A—Cold Rolling Spent
Lubricant PSNS.
Maximum
Maximum
Pollutant or pollutant property
for any one
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
cold rolled
English units—pounds per
1,000.000 off-pounds of
copper or copper alloy
cold rolled
Chromium
0 140
0.056
Copper ... . ..
0 485
0 231
Lead
0 037
0034
Nickel ....
0200
0 140
Zinc -
0.386
0 159
TTO...
0128
0128
Oil and grease 1 .. -
3.790
3 790
1 For alternate monitoring.
(c) Subpart A—Drawing Spent
Lubricant PSNS.
Pollutant or pollutant property
Maximum for
any 1 day
Maximum for
monthly
average
Metric units—mg/otf-kg of
copper or copper alloy
drawn
English units—pounds per
1,000.000 off-pounds of
copper or copper alloy
drawn
Chromium -
0 031
0012
Copper ..
0 108
0 051
Lead
0.0085
0 0076
Nickel....
0 046
0 031
Zinc ... ..
0.086
0.035
TTO
0.028
0 028
Oil and grease1 .....
0.850
0 050
1 For alternate momtonng.
(d) Subpart A—Solution Heat
Treatment PSNS.
Maximum
Maximum
Maximum
Maximum
Pollutant or pollutant property
lor any 1
for monthly
Pollutant or pollutant property
for any 1
for monthly
day
I average
day
average
Metnc units—mg/off-kg of
copper or copper alloy
heat treated
English units—pounds per
1,000.000 off—pounds of
copper or copper ailoy
heat treated
1 For alternate monitonng
(e) Subpart A—Extrusion Heat
Treatment PSNS.
Pollutant or pollutant property
Maximum for
any 1 day
Maximum for
monthly
average
Metnc units—mg/off-kg of
copper or copper ailoy
heat treated on an extru-
sion press
Enghsh units—pounds per
1,000,000 off-pounds of
copper or copper alloy
heat treated on an extru-
sion press
Chromium.,
0 00074
0 00030
Copper
0 0020
00010
Lead .... -
000020
0 00018
Nickel _ . .
00010
0 00074
Zinc -
0 0020
0 00084
TTO -
0 00068
0 00068
Oil and grease1
0 020
0 020
1 For alternate monitonng.
(f) Subpart A—Annealing with Water
PSNS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper ailoy
annealed with water
English units—pounds per
1.000,000 off-pounds of
copper or copper alloy
annealed wrth water
Chromium
0.458
0 186
Copper
1 587
0,756
Lead
0 124
0 111
Nickel
0 682
0.458
Zinc
1 264
0 520
TTO -
0 421
0 421
Oil and grease1
12 400
12400
1 For alternate monitonng
(g) Subpart A—Annealing With Oil
PSNS.
Metnc urnts—mg/off-kg cf
copper or copper alloy
annealed wrth oil
English units—pounds per
1,000.000 off-pounds of
copper or copper ailoy
annealed with oil
Chromium ... ...
0
0
Copper
0
0
Lead
0
0
Nickel
0
0
Zmc
0
0
TTO
0
0
Oil and grease 1 . ...
0
0
1 For alternate monitonng
(h) Subpart A—Alkaline Cleaning
Rinse PSNS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/ott*kg of
cooper or copper alloy
alkaline cleaned
English units—pounds per
1.000.000 off-pounds of
coooer or copper alloy
alkaline cleaned
Chromium
i 559
0 632
Copper ..
5 393
2 570
Lead -
0 421
0 379
NtcHel - -
2.317
1 559
Zinc ...
4 298
1 769
TTO
i *32
1 432
Ort and grease 1 - -
42 140
42 140
1 For alternate monitonng
(i) Subpart A—Alkaline Cleaning
Rinse for Forged Parts PSNS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Metnc units—mg/off-kg of
copper or copper alloy
forged parts alkaline
cleaned
English units—pounds per
1,000.000 off-pounds of
copper or copper alloy
forged parts alkaline
cleaned
Chromium
4.677
1 896
Copper
16 181
7711
Lead
1 264
1 137
Nickel -
6,953
4 677
Zinc - —
12 894
5309
TTO
4 298
4 298
Oil and grease 1
126 420
126 420
1 For alternate momtonng.
(j) Subpart A—Alkaline Cleaning Bath
PSNS.
-------
Federal Register / Vol. 48, No. 158 / Monday, August 15, 1983 / Rules and Regulations 36967
Pollutant or pollutant property
! Maximum lor i M"fn"S'0f
(m) Subpart A—Pickling Bath PSNS.
Metnc units—mg/oft-kg of
copper or copper alloy al-
kaline cleaned
English units—pounds per
1,000 000 off-pounds of
cooper or copper aJtoy al-
kaline cleaned
Chromium . ..
Copper
Lead
Nickel .. .
Zinc
TTO
Oil and grease 1
0017
0 059
0 0046
0 C25
0 047
0015
0 46
0 0070
0 028
0 0042
00T7
0019
0015
0 46
' For alternate monrtonng
(k) Subpart A—Pickling Rinse PSNS.
Maximum [ Maximum
Pedant or pollutant property tor any 1 for monthly
\ day 1 average
Metnc units—rrg/off-kg of
copper or copper alloy
ptckled
English units—pounds per
1.000 000 off-pounds erf
cooper or copper alloy
ptckled
Chromium
Cocoer
Lead . ..
Nickel
Zinc
rro.. .
Oil and grease 1
0216
0 748
0 053
0 321
0 596
0 198
5 850
0 087
0 356
0 052
0216
0 245
0 196
5 350
' For aftemate monttonng
(1) Subpart A—Pickling Rinse for
Forged Parts PSNS.
Maximum
Maximum
Pollutant or poftutant property
for any J
for monthly
day
average
Chromium
Copper
Lead .. . .
Nicnel
Zinc
TTO ... ... .
Od and grease 1
' For alternate monitoring.
0 649
0 263
2 246
1 070
0 175
0 157
0 965
0 649
1 790
0 -37
0 596
0 596
17550
17 550
Metnc unrts—mg/off-kg of
copper or copper alloy
forged parts piCKled
English units—pounds per
1.000,000 off-pounds of
copper or copper alloy
forged parts pickled
Pollutant or pollutant property
Maximum
~or any 1
day
Maximum
lor monthly
average
Chromium
Copper
Lead
Ntckel . ..
Zinc
TTO
Oil and grease ' _
0042 I
0 144 !
oon I
0 063 I
0 118!
0 039 I
1.160 !
0017
0 070
0010
0 042
0 046
0 039
1 160
1 For alternate monitoring
(n) Subpart A—Pickling Fume
Scrubber PSNS.
Pollutant or pollutant property
Maximum | Maximum
for any t i for monthly
day average
Chromium . . . _
. .. ! 0 231
0 093
Cooper
. 0 801
0381
Lead
I 0 062
0 056
Nicxel , .
( 0 344
0 231
Zinc .
. . j 0 638
0 Z62
TTO
0212
0^2
Oil and grease 1
. I 6.260
6 260
1 For alternate monitonng.
(o) Subpart A—Tumbling or
Burnishing PSPS.
Maximum
Maximum
Pollutant or pollutant property
for any 1
for monthly
day
average
Chromium . .
0215
0.087
Copper
0 746
0 355
Lead
0 058
0 052
Metric units—mg/ofr-^g of
copper or copper aUoy
ptckled
English units—rounds per
1,000,000 ofl-pounas Of
cooper or copper alloy
picKted
Metric units—mg/off-kg of
copper or copper alloy
ptckled
English units—pounds per
1,000,000 off-pounds of
copper or copper alloy
pickled
Metnc units—mg/off-kg of
copper or copper alloy
tumbled or burnished
English units—pounds per
1,000,000 off-pounds of
copper or copper alloy
tumbled or burnished
Pollutant or pollutant property
Maximum
for any i
day
Maximum
for monthly
average
Cil and grease '
0 320
0 594 '
0 198 '
5 830
0215
0 244
0 ' 98
5 830
' For alternate monitoring
(p) Subpart A—Surface Coating PSN'S
I Maximum Maxir-um
( Pollutorl or pollutant property | for anv i for montnty
j i aay a\erage
i Metnc jnits—mg/Ofi-«g ol
. copper or coDoer alloy
I surface coated
i English units—pounds oer
j 1,000,000 off-pounds of
' cocoer or copoer alloy
surface coated
Chromium ...
0 274 j
0 111
Copper
0 951 1
0 453
Lead
0 074 ,
0 066
Nickel . _...
0 408 1
0 274
Zinc . „ .
0 757 1
0312
TTO
0252;
0 252
Oil and grease ' .
7 430 •
1
7 430
1 For alternate monitonng
(q) Subpart A—Miscellaneous Waste
Streams PSNS.
Pollutant or pollutant property
I Maximum for
| any 1 day
Maximum tor
montWy
average
Metnc units—rrg'oH-kg of
copper or copper xnoy
formed
English units—pounds per
1,000.000 ofl-pounds of
copper or copper alley
formed
Chromium „
Copoer . ..
Lead . .
Nickel
Zinc ... .
TTO
Oil and grease 1
0 008
0,003
0 027
0013
0 0021
0 0019
0011
0008
0 022
0 009
0 007
0 007
0218
0218
1 For alternate monitonng
§ 488.16 Effluent limitations representing
the degree of effluent reduction attainable
by the application of the best conventional
pollution control technology (BCT).
[Reserved]
[FR Doc 83-21913 Filed 8-12-83: 8.45 am)
BILLING CODE 6560-50-41
-------
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
? WASHINGTON. D.C. 20460
V.
CATE : December 16, 1983 office of
WATER
SUBJECT: Copper Forming/Metal Finishing Workshop - a
¦' ¦
FRCM : Jeffery D. Denit, Director _ -4 /J ,
Effluent Guidelines Division
Martha Prothro, Director
Martha prothro, Director \,^ \ '¦ , j, \ r
Pennits Division (EN-336) v \
TO : Addressees
Attached is a report on the EPA vcrkshop for the application of final regulations
for two industrial categories, specifically (1) Copper Forming ana (2) Metal
Finishing. This combined workshop was held in Philadelphia on November 16th & 17th.
Participants came frar. EPA regional offices, State offices and municipal control
authorities. A brief sunmary is provided for the topics and issues discussed at
the workshop.
Individuals who attended the workshop as well as key Regional, State and munici-
pal control authority personnel who were not able to attend will receive this
summary. Hopefully, this surtmary will be useful for those individuals whose
main concern is the implementation of guidelines and standards for both
industries.
We we 1 cane additional ccrraents and questions on both the summary report and the
ccpper forming/metal finishing guidelines. A list of materials distributed at
the workshop is attached at the end of this report. Please oontact Sidney Jackson
at (202) 382-7191 if you would like to obtain any of these.
Attachments
-------
Addressees:
All Workshop Attendees
All CWEP Branch Chiefs
All EGD Branch Chiefs
All EPA Regional Water Division Directors
All State NPDES Program Directors
State Pretreatment Coordinators
National Enforcement Investigations Center, Thcmas Gallagher, Director
Water Enforcement Division, Robert Zeller, Director (EN-338)
Monitoring and Data Support Division, Edmund Notzon, Director (WH-553)
Criteria and Standards Division, Patrick Tobin, Acting Director (WH-585)
Office of Analysis and Evaluation, Peter Wise, Acting Director (WH-586)
Hazardous and Industrial Waste Division, John Lehman, Director (WH-586)
State Programs and Resources Recovery Division, John Skinner, Director (WH-586)
Office of Water Enforcement and Permits, Bruce Barrett, Director (EN-335)
Industrial Environmental Research Lab, David G. Stephan, Director, Cinn., OH
Office of Water Regulations and Standards, Steven Schatzow, Director, (WH-551)
Assistant Administrator for Water, Jack Ravan, (WH-556)
-------
SUMMARY REPORT
For Copper Forming and For Metal Finishing Industries..
Permit Writers' Workshop held at the Holiday Inn Center City,
Philadelphia, PA., November 16-17, 1983
OVERVIEW
This workshop provided two briefings: one on the final regulations for the
copper forming industry by Jan Goodwin/Ernst Hall and the other for the metal
finishing industry by Richard Kinch/Ed Stigall. All four speakers are members
of the EPA Effluent Guidelines Division (EGD).
In addition, a panel discussion was held to promote an open exchange of ideas
in developing permits at the Local, State and Regional levels for these two
industries. The overall program was moderated by Linda Wilbur fran EGD. The
panel discussion, held on the second day, was moderated by Harry Harbold and
focused on program implementation. Members of this panel included Pete Eagen,
EPA Headquarters/NPDES Program Branch/Permits Division and Charles Strehl,
City of York, PA. The full agenda and list of attendees are attached.
Introduction
The introductory remarks and welcome were delivered by Jeff Haas, EPA Region III.
Jeff noted that Al Aim had visited the Region III office on the previous day in
connection with the second round permits. He noted that the excuse for not
issuing permits based on the absence of effluent guidelines and standards had
all but disappeared with issuance of numerous final regulations by EGD.
Linda Wilbur, spokesperson for EGD, added her welcome and addressed the EGD per-
mit support program briefly. She noted that EGD will 'supply assistance to con-
trol authorities at all levels and suggested that problems with, or clarification
of, categorical standards and guidelines should be directed to the responsible
BSD project officer. She identified Denise Beverly, EGD distribution officer as
the appropriate contact for Development Documents and Guidance Documents. Denise's
phone number (202) 382-7115 was provided for future reference. Before she intro-
duced the main program, Linda pointed out that Sid Jackson (202) 382-7191 and
Joe Vitalis (202) 382-7172 will provide back-up when EGD project officers are
unavailable.
Briefing - Copper Forming
Ernst Hall, Chief Metals & Machinery Branch, began the copper forming presentation
by pointing out that Dave Pepson, the former project officer, had been reassigned
and replaced by Jan Goodwin. He noted that she also is the project officer for
the aluminum forming category. Jan led off the slide presentation and Ernst used
the last few slides to explain the building block approach used in the regulation.
Making a number of simplifying assumptions he demonstrated how to set permit dis-
charges for regulated pollutants.
-1-
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The workshop packet for the copper forming category included: the Federal Register
reprint of the final regulation (48 FR 36942, 8/15/83); a reprint of a correction
notice fran. the Federal Register to correct the.final rule (48 FR 507.17, 11/3/83);
a four page booklet titled "Proposed Effluent Guidelines"; and a set of copies of
the slides used in the briefing (blue covered booklet called "Promulgated Regulation
For The Copper Forming Industrial Point Source Category"). Copies of the final
Development Document were not available for distribution; however, a reference copy
of the proposed Development Document issued in October 1982 was available for
reference purposes. Final Development Document will be printed by January, 1984.
Following Are the Key Points Discussed:
.The plant population for this category is 176 of which 37 are direct dis-
chargers and 45 are indirect dischargers (go to POTWs). The balance (94)
do not discharge any wastewater.
.Two thirds of the plants are concentrated in the north central midwest and
northeast states.
.Copper forming (40 CFR Part 468) is the process of shaping cast copper or
copper alloy into mill products. Five principal forming operations are
hot rolling, cold rolling, drawing, extrusion, and forging. No flow
allowance is established for the forging operation, since forging is a
dry process. Flow allowances are established for hot rolling, cold rol-
ling, drawing and extrusion (a thru d shown below).
.Nine ancillary surface cleaning and heat treatment operations (e thru m
listed below) can be conducted at copper forming plants. Additional an-
cillary flow allowances developed after issuing the proposed rule include
(n) pickling fume scrubbing, (o) tumbling or burnishing, (p) surface coat-
ing, and (q) miscellaneous waste streams.
.The full set of flow allowances then beccnes (a thru q) for a total of seven-
teen discrete limitations for the five metals and three conventional pollutant
properties controlled under best practicable control technology currently
available (BPT). These are (a) hot rolling spent lubricant, (b) cold rolling
spent lubricant, (c) drawing spent lubricant, (d) extrusion heat treatment,
(e) solution heat treatment, (f) annealing with water, (g) annealing with
oil, (h) alkaline cleaning rinse, (i) alkaline cleaning rinse for forged parts,
(j) alkaline cleaning bath, (k) pickling rinse, (1) pickling rinse for forged
parts, (m) surface coating, (n) pickling fume scrubbing, (o) tumbling or burn-
ishing, (p) surface coating, and (q) miscellaneous waste streams.
.See 48 FR 36957 & 36958, August 15, 1983, for specialized definitions and
48 FR 26958 to 36967, August 15, 1983, for numerical limits for BPT (best
practicable control technology currently available), BAT (best available
technology economically achievable), NSPS (new source performance standards),
PSES (pretreatment standards for existing sources), and PSNS (pretreatment
standards for new souroes).
.BCT (best conventional pollutant control technology) for this category is
deferred until a final methodology for BCT is promulgated.
-2-
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.The copper forming category is regulated as a single subcategory and utilizes
mass-based limits (mass of pollutant allowed to be discharged per unit of
production) based on both in-plant and end of pipe treatment_,technologies.
.Operations excluded from the copper forming regulation Part 468 are (1) the
casting of copper & copper alloys which will be regulated under metal molding
& castircj (Part 428) and (2) the manufacture of copper powders and forming
parts fran copper or copper alloy powders which will be part of the nonferrous
metals forming regulation (Part 421).
.For BFT the regulated pollutants are the conventional pollutant properties
(pH and TSS) plus five toxic metals (copper, chrcmiun, lead, nickel and
zinc). It was stated that by direct regulation of these five metals another
six metals antimony, arsenic, beryllium, cadmium, selenium and silver would
be adequately controlled without being specifically regulated at BPT, BAT,
NSPS, PSES and PSNS.
.The pollutant property called "Total Toxic Organics" (TTO) shall mean the
sum of the masses or concentrations of each of the following twelve specific
toxic organic canpounds which are found at a concentration greater than 0.010
mg/1.
benzene
1,1,1-trichloroethane
chloroform
2,6-dinitrotoluene
ethylbenzene
methylene chloride
naphthalene
N-nitrosodiphenylamine
anthracene
phenanthrene
toluene
trichloroethylene
.Ttoxic organics found but not specified in the TTO should be handled by the
control authority on a case-by-case basis.
.TIO is adequately controlled for direct dischargers by the BPT limitation
on oil and grease. Likewise, NSPS relies on the removal of oil and grease
limit in order to adequately control toxic organics found in copper forming
wastewaters. TTO (utilizing a numerical limit) applies to indirect dischargers
subject to PSES/PSNS. Hovever, as an alternate to using GC/CID or GC/MS for
monitoring the individual compounds in the TTO, indirect dischargers may
monitor for oil & grease (0 & G). Any indirect discharger meeting alternate
monitoring provisions for O & G shall be considered to meet the TTO standard.
This is done to avoid the high cost and need for sophisticated analytical
equipment to analyze wastewater for toxic organics.
•The copper forming regulation does not establish a monitoring frequency.
The maximum for monthly average values are based on the average of 10 con-
secutive samples. However, compliance with the monthly discharge limit is
required regardless of the number of samples analyzed and averaged.
-3-
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.For BFT and MSPS the pollutant parameter pH is specified to be within the
range 7.5 to 10.0 at all times. This pH range is established to ensure
adequate metals rsnoval through precipitation for which the optimum pH
is 8 to 9. For econcmic benefits and reduction of "dissolved"salts that
would be formed, acid normally added to lover the pH to the more tradi-
tional range of 6 to 9 will generally not be required to comply with the
7.5 to 10 range specified in this regulation.
.Ftor BFT, BAT, NSPS, PSES and PSNS, all pollutants and pollutant properties
(except for pH) are set at zero for the wastewater stream called "Subpart
A-Annealing With Oil Effluent Limitations" since the indicated treatment
technology is contract waste hauling.
An example of the application of the copper forming regulation to determine the
permissible discharge of copper (Cu) using building block approach was danonstrated
by E. Hall and is shown belcw:
Basis: Operations used in the exanple are shown on a block diagram on slide
#16, "Representative Flow Sheet For Plate, Sheet & Strip," and consists
of eight operations shown below.
Assumpt ions:
(1) Limit is for BAT only.
(2) Product throughput (off-kilograms) equals 10 kkg for all operations.
(3) Single pollutant present in wastewater is copper.
(4) [Determine one. day maximum only.
Effluent Limitation
48 FR 36960 Maximum for
Operation
Description
Reference
Any (1)
dav
#1
Hot Rolling
Section
468.12
(a)
0.195 mg/off-kg
#2
Solution Heat
Treatment
It
468.12
(d)
1.227
n
#3
Pickle &
H
468.12
(m)
0.220
M
Rinse
n
468.12
(k)
2.481
II
#4
Cold Rolling
n
468.12
(b)
0.720
II
#5
Alkaline Cleaning
n
468.12
(j)
0.088
If
" Rinse
it
468.12
(h)
8.006
II
#6
Annealing with Vfeter
n
468.12
(f)
2.356
II
#7
Pickle &
i«
468.12
(m)
0.220
II
Rinse
ii
468.12
(k)
2.481
II
#8
Bright Dip (Pickle)
it
468.12
(m)
0.220
If
& Rinse
n
468.12
(k)
2.481
n
*
Miscellaneous W&ste
n
468.12
(q)
0.041
n
-4-
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(a) Subtotal/Operation #1 thru #8 except Miscellaneous= 20.695 mg/off-kg
(b) Misc. Waste Stream Allow. (0.041) X (8 operations)= 0.328 "
(c) Total Unit Amount (a) + (b) =21.023 "
*Ihe term "miscellaneous waste stream," shall mean the following additional waste
streams related to forming copper: hydrotesting, sawing, surface millings and
maintenance. In this example the miscellaneous allowance is applied to the off-
mass frcm each operation.
Building Block Effluent Limit/Daily Max.
Fbr 8 operations above allowed Cu discharge = 21.023 mg/off-kg of Cu
Conversion Factors
2.205 lbs. = 1 kg
1.0 lb. = 453.5 gm
Calculation of Allowed Daily Discharge of Copper (Cu);
210.23 gm/day
0.463 lbs/day
ANS.
An additional example of the building block technique has been provided by Jan
Goodwin and is presented as an appendix at the end of this report.
Briefing-Metal Finishing
Rich Kinch started the metal finishing briefing with slides that discussed the
relationships between metal finishing and electroplating coverage and showed the
main features of the final regulation which are listed under "key points discussed"
below. At the conclusion of Kinch's slide presentation Ed Stigall folloved Kinch
with a continuing explanation of the impact of strategies for various monitoring
frequencies. Eld discussed the underlying statistical basis of the metal finish-
ing regulations and then opened the meeting to emerging issues and current issues
covered under comments & concerns. Reference materials in the workshop packet
that were identified by the briefing team included: a reprint of the final rule
(48 FR 32462, 7/15/83), a four page booklet titled "Final Effluent Guidelines -
Rulemaking for the Metal Finishing Point Source Category - Fall 1983", and the
Development Dociinent (EPA 440/1-83/091).
following Are The. Key Points Discussed:
.Concentration based limits are used instead of production based limits
because a consistent relationship between flow and production could
not be developed for this industry.
-5-
21.023 mq 1 gm „ 10 off-kkg 1000 kg _
off-kg 1000 mg day kkg
Allowed Max Daily Discharge of Cu = X
-------
.Plant coverage was expanded frcm six unit operations in the electroplating
category to 46 for the metal finishing category. When plants in the
metal-finishing category perform one or more of the. following six opera-
tions: (1) electroplating, (2) electroless plating, (3) anodizing, (4)
coating (phosphating, chrcmating, and coloring), (5) chemical etching
and milling, and (6) printed circuit board manufacture; then these regula-
tions apply to wastewater from any of the 46 listed metal finishing opera-
tions. See Appendix C on p. 32482 in 40 FR 32462.
.These final regulations establish Part 433 Metal Finishing BAT and BAT-
equivalent PSES to limit the discharge of toxic metals, toxic organics,
and cyanide, which will apply to most of the facilities kncwn to exist in
the electroplating/metal finishing categories.
.Seven metals (Cd, Cr, Cu, Pb, Ni, Ag & Zn) plus total cyanide and cyanide
(A) utilize maximum daily limits and maximum monthly averages expressed in
metal finishing slide #1.
.Conventional pollutants controlled for direct dischargers in metal finishing
are TSS, oil & grease and pH. Concentration limits are shown in slide #2.
.Existing indirect discharging job shop electroplaters and independent
printed circuit board manufacturers (IPCBM), however, remain subject only
to the existing Part 413 PSES for electroplating.
.If a job shop or IPCBM facility is characterized as a direct or new source
then it is covered under this final metal finishing regulation (40 FR 32462).
.The proposed limits included a 30 day average based on 30 consecutive samples.
For the final metal finishing regulation this was changed to a monthly
average which was statistically based on 10 samples per month.
.To address facilities with canplexed cyanide which can not be destroyed by
the technology basis it was decided to use Cyanide (A) as an alternative to
Cyanide (T) for industrial facilities with cyanide treatment upon agreement
between the plant and the control authority.
.The electroplating (Part 413) compliance deadline for metals and cyanide at
integrated facilities is 6/30/84 and for non-integrated facilities the date
is 4/27/84.
.The term TTO shall mean total toxic organics, which is the summation of all
quantifiable values greater than 0.01 mg/1 for 110 toxic organics frcm the
list of 126 toxic pollutants. In Part 433 (metal finishing point source
category) the TTO maximum for any one day is 2.13 mg/1 for BPT, BAT, PSES,
NSPS and PSNS. For Part 433 PSES also has a daily interim limit of 4.57 mg/1.
There is no monthly maximum limit. See metal finishing slide #1.
.In Part 413 (electroplating point source category) the TTO maximum for any one
day is 2.13 mg/1 for PSES vdiere plants are discharging more than 38,000 liters
(10,000 gallons) per day the TTO maximum for any one day is 4.57 mg/1 for plants
discharging less than 38,000 liters (10,000 gallons). This is the only addi-
tional requirement promulgated for Part 413 in this final regulation.
-6-
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.An existing source submitting a certification in lieu of monitoring pursuant
to section 413.03 or 433.12 of this regulation must implement the toxic or-
ganic-.management plan approved by the control authority; however, if moni-
toring is necessary to measure compliance with the TTO standard, the industrial
user need analyze only for those pollutants which would reasonably be
expected to be present.
.Compliance with TTO for existing indirect discharging job shops and indepen-
dent printed circuit board manufacturers is 7/15/86. See slide #4.
.To avoid overlap, Part 413 standards will not apply after February 15, 1986
to a facility which must comply with all pollutant limitations listed in
section 433.15 (metal finishing PSES).
Metal Finishing Slide #1
METAL FINISHING - TOXIC POLLUTANTS
Eaily Maximum Monthly Average
Pollutant (mg/1) (rog/1)
Cadmium 0.69 0.26
Chrcmium 2.77 1.71
Copper 3.38 2.07
Lead 0.69 0.43
Nickel 3.98 2.38
Silver 0.43 0.24
Zinc 2.61 1.48
Cyanide (T) 1.20 0.65
Cyanide (A) Alternate 0.86 0.32
Total Tbxic Organics
Interim 4.57
Final 2.13
Metal Finishing Slide #2
METAL FINISHING - CONVENTIONAL POLLUTANTS
Maximum
Daily Maximum Monthly Average
Pollutant (mg/1) (mg/1)
TSS 60 31
Oil & Grease 52 26
pH (1) (1)
Note: (1) equals pH within 6.0 to 9.0 in standard units.
-7-
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Metal Finishing Slide #3
METAL FINISHING - COMPLIANCE DATES-
New Sources Direct Dischargers
Metal Finishing On Ccmmsncement July 1, 1984
(Part 433) of Discharge
Metal Finishing Slide #4
METAL FINISHING - COMPLIANCE DATES
Existing Indirect Dischargers
Electroplating
(Part 413)
Metals and Cyanide
Metal Finishing
(Part 433)
Interim TTO
Metal Finishing
(Part 433)
Metals, Cyanide,
and Final TTO
Electroplating
(Part 413)
Final TTO
Non-Integrated
Job Shops &
IPCBMs
4/27/84
Integrated
Job Shops &
IPCBMs
6/30/84
Non-Integrated
Captives
4/27/84
6/30/84
Integrated
Captives
6/30/84
6/30/84
2/15/86
2/15/86
7/15/86
7/15/86
Panel Presentation & Discussions
Harry Harbold, EPA Region III, introduced Pete Eagen frcm the EPA Washington Permits
Division. After stating initially that he would take any issues that emerged in the
workshop back to the Permits Division, Pete outlined the present status of the
national pretreatment program. He used overhead slides to depict the following:
.The total number of local pretreatment programs required in FY 82 &
FY 83 is 1675. As of 10/1/82 sixty-five programs (4% of total) had
been approved. This number grew to 22% (371 programs) as of 10/1/83.
Pete estimates that the approved programs will reach 68% (1150 pro-
grams) by 10/1/84.
-8-
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.Nineteen states now have the approved state pretreatment program.
Examples given for states that issue permits directly to control
authorities are Connecticut, Vermont and Mississippi.
.Eagen stated that the General Pretreatment Regulations provide POIWs
with a great deal of flexibility; however, there will be constraints
in seme areas such as with categorical standards developed by EGD.
.Where local limits are more stringent than categorical, then local
limits will prevail.
Chuck Strehl, Water Quality Specialist for the City of York, PA, followed Pete Eagen
with a presentation based on pretreatment at the local level. He expressed sane con-
cern about the uncertainty of the federal pretreatment program and then launched into
a chronological discussion of the growth of his department. To facilitate the dis-
cussion which followed his presentation, Strehl distributed a hand-out that had an
outline of his talk and a list of local industries affected by categorical guidelines
and standards. Salient points made by Chuck are shown belcw.
.As recent as 1978 the City of York had only two people involved in the
pretreatment program.
.Initially the pretreatment program started in-house with an industrial
survey and an attempt to establish pollutant limits. .
.In May 1983 the City of York sent in its pretreatment packet to EPA
Region III.
.In July 1983 EPA mandated nationwide all POTWs with industrial contri-
butions have an approved program.
•In August 1983 the City of York received notification frcm Region Ifl
that it had an approved program and was now responsible for pretreatment
standards for all categorical industries under its jurisdiction.
.Strehl noted that the biggest responsibility added by approval is the
enforcement of the federal categorical standards which involves:
1. Determining which industries are subject to what standards.
2. Obtaining baseline reports.
3. Establishing monitoring programs that canply with the regulations.
4. Obtaining compliance where it does not exist.
5. Permitting new industries.
6.¦ Keeping up with regulations.
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.To expedite the passage of ordinances through the City Council a public
advisory committee was formed and within this committee three of the
major regulated industries were represented. Enactment .of the local
ordinance went promptly and smoothly. - - -•
.The City of York ordinance which was developed for the control of indi-
rect dischargers referenced the federal pretreatment statutes. Other
communities that utilize the wastewater treatment facilities operated
by the City of York linked their ordinance to those of the City of York
by reference.
.In the months immediately ahead Strehl indicated that a major effort
would be mounted to generate baseline reports fran the regulated in-
dustries serviced by the City of York.
.Initial analyses vrere done by and paid for by the City of York. Future
analyses are expected to be provided by regulated companies, at their ex-
pense for normal monitoring. Vfrienever enforcement actions are anticipated,
the City of York will pay for these analyses. Eventual recovery of costs
should then be achieved by successful prosecution and associated fines.
.Strehl indicated that the City of York had been approached by an in-
dustry which wants to consolidate several of its plating operations.
This will be the first new source for the City of York which will
involve a "start to finish" permitting process for a metal finishing
firm. Vfrien the application arrives Strehl stated that the City of York
will require the submission of a determination request and a baseline
report. He anticipates no major problems and expects to work closely
with EPA throughout the entire process. The "new source" firm looks
forward, according to Strehl, to a single point of contact - the City
of York.
CCMMENTS, CONCERNS & ISSUES
General
This section has been assembled to draw attention to discussions that occurred dur-
ing the industry briefings, the panel discussion and the "wrap-up" session. Within
these discussions there were points that could-arterge eventually as fundamental
points in future workshop sessions. In addition, this space is directed towards
those subjects or items of interest that need to be highlighted for those partici-
pants that attended this particular workshop.
Cboperative Agreements Between Municipalities
In order to achieve economies of scale neighboring municipalities sometimes engage
in sharing publicly owned treatment works (POTWs). Tto accomplish this it is im-
portant that the ordinances be referenced to each other and to the federal statutes
90 that the local control authority can do its job effectively and legally. For
instance, in the panel discussion about the City of York, it was pointed out that
the State of Pennsylvania gives a "Third class city" the power to impose a fine of
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$300 per day per violation. Hence, if a zinc limit, an oil & grease limit and
the pH range were all exceeded by an indirect industrial source (an electroplater,
for instance), then the City of York could reccrtinend a fine of $900 per day
($300 X 3). In this case the fine would be issued through the Magistrate Court.
In a situation where a neighboring municipality has the need to prove that a vio-
lation is occurring, the municipality may rely on the host municipality (or control
authority) to do the leg work to prove that a violation has occurred by gathering
samples and running the necessary analyses. In the City of York discussion it was
pointed out that this relationship exists betveen the Township of Manchester and
the City of York. After the City of York gathers the facts and makes them available
to the Township of Manchester, the Township of Manchester pursues the case in the
Magistrate Court with the assistance of the City of York.
Cbmpensation For Services Rendered By the Control Authority
Vho pays for sampling and/or analytical costs seems to depend on -the ultimate use
of the acquired data. If the data are needed by the control authority to develop
local pollution control limits or to bring about an enforcement action then the
control authority tends to absorb the cost in its budget. Cn the other hand, if
the sampling and analysis is for routine monitoring as a condition of a permit,
then the regulated industry would be expected to pay for its own monitoring costs.
Surcharges currently offset only one third of the cost to treat wastewater at the
City of York POTW. In January 1984 the surcharge will be increased to recover two
thirds of the treatment cost and in 1985 it is expected that the surcharge rate
will be adjusted to cover the full cost of treatment. This example illustrates
how municipalities and control authorities can cope with expanding operational bud-
gets.
Permit Writing Process
The issue of how to handle categorical standards surfaced again in the Philadelphia
workshop. As expected, several differences of opinion were expressed regarding
vhether or not all the parameters that are published in the Federal Register for
a given point source category should be specified in the permit even though seme of
the pollutants specified in the categorical standard had not been used, had not
been detected and were not expected to be detected at the plant site being permit-
ted. Linda Wilbur stated that a clarifying policy memo would be issued from EGD
and the Permits Division on this. However, it is believed that once you have a
national standard it is legally binding for the permit writer to specify a number.
In short, the pollutant must appear in the permit and the minimum frequency of
once per year is required. Reference is 40 CFR 122.44 (i)(2).
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(Revised 4/6/84)
COPPER FORMING
CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
This summary provides industries in the Copper Forming category and
Publicly Owned Treatment Works (POTWs) with the information necessary to
determine compliance with standards for this industrial category. The Copper
Forming categorical standards were established by the Environmental Protection
Agency in Part 468 of Title 40 of the Code of Federal Regulations (40 CFR
468). This summary is not intended to substitute for the regulations pub-
lished in the Code of Federal Regulations or the Federal Register. For spe-
cific information, refer to the Federal Register citations given below.
Important Dates
Proposed Rule: November 12, 1982
Correction: January 14, 1983
Final Rule: August 15, 1983
Amendment: September 15, 1983
Correction: November 3, 1983
Effective Date: September 26, 1983
Baseline Monitoring Report (BMR)
Due Date: March 25, 1984
Compliance Dates:
Federal Register Citation
Vol. 47, page 51278 November 12, 1982
Vol. 48, page 1769, January 14, 1983
Vol. 48, page 36942, August 15, 1983
Vol. 48, page 41409, September 15, 1983
Vol. 48, page 50714, November 3, 1983
- Pretreatment Standards for Existing Sources (PSES): August 15, 1986
- Pretreatment Standards for New Sources (PSNS): From commencement of
discharge
SUBCATEGORIES
The Copper Forming industry is regulated as a single subcategory. Dis-
charges resulting from hot rolling, cold rolling, drawing, extrusion, and
forging operations are covered under this subcategory. PSES and PSNS have
been established for wastewaters generated by these five principal forming
operations and several different ancillary copper forming processes.
REGULATED POLLUTANTS
The pollutants regulated by the Copper Forming categorical standards are
chromium, copper, lead, nickel, zinc, total toxic organics (TTO), and oil and
grease. For this category, the term total toxic organics (TTO) refers to the
sum of the masses or concentrations of each of the following compounds found
at a concentration greater than 0.01 mg/1.
benzene
1,1,1-trichloroethane
chloroform
2,6-dinitrotoluene
ethylbenzene
methylene chloride
naphthalene
N-nitro8odiphenylamine
anthracene
phenanthrene
toluene
trichloroethylene
-1-
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COPPER FORMING (cont.)
Indirect dischargers may monitor their discharges of oil and grease and
meet the alternative monitoring levels established for oil and grease rather
than monitoring for TTO. Any indirect discharger meeting the alternative oil
and grease monitoring level will be considered to meet the TTO standard;
All limits established by the copper forming standards are mass-based and
are expressed in units of mg/off-kg (equivalent to lbs/1,000,000 off-lbs).
Off-kg and off-lb are measures of the mass of copper or copper alloy formed
and removed from one process for transfer to another process.
PRETREATMENT STANDARDS FOR EXISTING SOURCES (PSES)
FOR HOT
ROLLING SPENT LUBRICANT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0. OAS
0.018
Copper
0.195
0.103
Lead
0.015
0.013
Nickel
0.197
0.130
Zinc
0.150
0.062
TTO
0.066
0.035
Oil and Grease
2.060
1.236
PSES FOR COLD ROLLING SPENT LUBRICANT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.166
0.068
Copper
0.720
0.379
Lead
0.056
0.049
Nickel
0.727
0.481
Zinc
0.553
0.231
TTO
0.246
0.128
Oil and Grease
7.580
4.548
-2-
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COPPER FORMING (cont.)
PSES FOR
DRAWING SPENT .LUBRICANT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average
: (mg/off-kg)
Chromium
0.037
0.015
Copper
0.161
0.085
Lead
0.012
0.011
Nickel
0.163
0.107
Zinc
0.124
0.051
TTO
0.055
0.028
Oil and Grease
1.700
1.020
PSES FOR
SOLUTION HEAT TREATMENT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.284
0.116
Copper
1.227
0.646
Lead
0.096
0.083
Nickel
1.240
0.820
Zinc
0.943
0.394
TTO
0.419
0.219
Oil and Grease
12.920
7.752
PSES FOR
EXTRUSION HEAT TREATMENT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.00088
0.00036
Copper
0.0030
0.0020
Lead
0.00030
0.00026
Nickel
0.0030
0.0020
Zinc
0.0020
0.0010
TTO
0.0010
0.00068
Oil and Grease
0.040
0.024
-3-
-------
COPPER FORMING (cont.)
PSES FOR ANNEALING WITH WATER
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.545
0.223
Copper
2.356
1.240
Lead
0.186
0.161
Nickel
2.380
1.574
Zinc
1.810
0.756
TTO
0.806
0.421
Oil and Grease
24.800
14.880
PSES
FOR ANNEALING WITH
OIL
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0
0
Copper
0
0
Lead
0
0
Nickel
0
0
Zinc
0
0
TTO
0
0
Oil and Grease
0
0
PSES FOR
ALKALINE CLEANING
RINSE
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
1.854
0.758
Copper
8.006
4.214
Lead
0.632
0.547
Nickel
8.090
5.351
Zinc
6.152
2.570
TTO
2.739
1.432
Oil and Grease
84.280
50.568
-A-
-------
COPPER FORMING (cont.)
PSES FOR ALKALINE CLEANING
RINSE FOR FORGED PARTS
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
5.562
2.275
Copper
24.019
12.642
Lead
1.896
1.643
Nickel
24.272
16.055
Zinc
18.457
7.711
TTO
8.217
4.298
Oil and Grease
252.840
151.704
PSES FOR
ALKALINE CLEANING BATH
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.020
0.0084
Copper
0.088
0.046
Lead
0.0070
0.0060
Nickel
0.089
0.059
Zinc
0.068
0.028
TTO
0.030
0.015
Oil and Grease
0.93
0.56
PSES
FOR PICKLING RINSE
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.574
0.235
Copper
2.481
1.306
Lead
0.195
0.169
Nickel
2.507
1.658
Zinc
1.906
0.796
TTO
0.848
0.444
Oil and Grease
26.120
15.672
-5-
-------
COPPER FORMING (cont.)
PSES FOR PICKLING
RINSE FOR FORGED PARTS
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
1.723
0.705
Copper
7.444
3.918
Lead
0.587
0.509
Nickel
7.522
4.975
Zinc
5.720
2.389
TTO
2.546
1.332
Oil and Grease
78.360
47.016
PSES
FOR PICKLING BATH
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.051
0.020
Copper
0.220
0.116
Lead
0.017
0.015
Nickel
0.222
0.147
Zinc
0.169
0.070
TTO
0.075
0.039
Oil and Grease
2.320
1.392
PSES FOR
PICKLING FUME SCRUBBER
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.275
0.112
Copper
0.189
0.626
Lead
0.093
0.081
Nickel
1.201
0.795
Zinc
0.913
0.381
TTO
0.406
0.212
Oil and Grease
12.520
7.512
-6-
-------
COPPER FORMING (cont.)
PSES FOR TUMBLING OR BURNISHING
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.256
0.104
Copper
1.107
0.583
Lead
0.087
0.075
Nickel
1.119
0.740
Zinc
0.851
0.355
TTO
0.378
0.198
Oil and Grease
11.660
6.996
PSES
FOR SURFACE COATING
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.326
0.133
Copper
1.411
0.743
Lead
0.111
0.096
Nickel
1.426
0.943
Zinc
1.084
0.453
TTO
0.482
0.252
Oil and Grease
14.860
8.916
PSES FOR MISCELLANEOUS WASTE STREAMS
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.009
0.003
Copper
0.041
0.021
Lead
0.003
0.002
Nickel
0.041
0.027
Zinc
0.031
0.013
TTO
0.014
0.007
Oil and Grease
0.436
0.261
-7-
-------
COPPER FORMING (cont.)
PRETREATMENT STANDARDS FOR NEW SOURCES (PSNS)
FOR HOT ROLLING SPENT LUBRICANT
Pollutant or
Pollutant Property
Maximum for Any
One Day (mg/off-kg)
Maximum for Monthly
Average (mg/off-kg)
Chromium
0.038
0.015
Copper
0.131
0.062
Lead
0.010
0.0092
Nickel
0.056
0.038
Zinc
0.105
0.043
TTO
0.035
0.035
Oil and Grease
1.030
1.030
PSNS FOR COLD ROLLING SPENT LUBRICANT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.140
0.056
Copper
0.485
0.231
Lead
0.037
0.034
Nickel
0.208
0.140
Zinc
0.386
0.159
TTO
0.128
0.128
Oil and Grease
3.790
3.790
PSNS FOR
DRAWING SPENT LUBRICANT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.031
0.012
Copper
0.106
0.051
Lead
0.0085
0.0076
Nickel
0.046
0.031
Zinc
0.086
0.035
TTO
0.028
0.028
Oil and Grease
0.850
0.850
-8-
-------
COPPER FORMING (cont.)
PSNS FOR SOLUTION HEAT TREATMENT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.239
0.096
Copper
0.826
0.394
Lead
0.064
0.058
Nickel
0.355
0.239
Zinc
0.658
0.271
TTO
0.219
0.219
Oil and Grease
6.460
6.460
PSNS FOR
EXTRUSION HEAT TREATMENT
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.00074
0.00030
Copper
0.0020
0.0010
Lead
0.00020
0.00018
Nickel
0.0010
0.00074
Zinc
0.0020
0.00084
TTO
0.00068
0.00068
Oil and Grease
0.020
0.020
PSNS FOR ANNEALING WITH WATER
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.458
0.186
Copper
1.587
0.756
Lead
0.124
0.111
Nickel
0.682
0.458
Zinc
1.264
0.520
TTO
0.421
0.421
Oil and Grease
12.400
12.400
-9-
-------
COPPER FORMING (cont.)
PSNS FOR ANNEALING WITH OIL
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0
0
Copper
0
0
Lead
0
0
Nickel
0
0
Zinc
0
0
TTO
0
0
Oil and Grease
0
0
PSNS FOR
ALKALINE CLEANING RINSE
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
1.559
0.632
Copper
5.393
2.570
Lead
0.421
0.379
Nickel
2.317
1.559
Zinc
4.298
1.769
TTO
1.432
1.432
Oil and Grease
42.140
42.140
PSNS
FOR ALKALINE CLEANING
RINSE FOR FORGED PARTS
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
4.677
1.896
Copper
16.181
7.711
Lead
1.264
1.137
Nickel
6.953
4.677
Zinc
12.894
5.309
TTO
4.298
4.298
Oil and Grease
126.420
126.420
-10-
-------
COPPER FORMING (cont.)
PSNS FOR ALKALINE CLEANING BATH
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.017
0.0070
Copper
0.059
0.028
Lead
0.0046
0.0042
Nickel
0.025
0.017
Zinc
0.047
0.019
TTO
0.015
0.015
Oil and Grease
0.46
0.46
PSNS
FOR PICKLING RINSE
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.216
0.087
Copper
0.748
0.356
Lead
0.058
0.052
Nickel
0.321
0.216
Zinc
0.596
0.245
TTO
0.198
0.198
Oil and Grease
5.850
5.850
PSNS FOR PICKLING RINSE FOR FORGED
PARTS
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.649
0.263
Copper
2.246
1.070
Lead
0.175
0.157
Nickel
0.965
0.649
Zinc
1.790
0.737
TTO
0.596
0.596
Oil and Grease
17.550
17.550
-11-
-------
COPPER FORMING (cont.)
PSNS FOR PICKLING BATH
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.042
0.017
Copper
0.148
0.070
Lead
0.011
0.010
Nickel
0.063
0.042
Zinc
0.118
0.048
rro
0.039
0.039
Oil and Grease
1.160
1.160
PSNS FOR
PICKLING FUME SCRUBBER
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.231
0.093
Copper
0.801
0.381
Lead
0.062
0.056
Nickel
0.344
0.231
Zinc
0.638
0.262
TTO
0.212
0.212
Oil and Grease
6.260
6.260
PSNS FOR
TUMBLING OR BURNISHING
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.215
0.087
Copper
0.746
0.355
Lead
0.058
0.052
Nickel
0.320
0.215
Zinc
0.594
0.244
TTO
0.198
0.198
Oil and Grease
5.830
5.830
-------
COPPER FORMING (cont.)
PSNS FOR SURFACE COATING
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.274
0.111
Copper
0.951
0.453
Lead
0.074
0.066
Nickel
0.408
0.274
Zinc
0.757
0.312
TTO
0.252
0.252
Oil and Grease
7.430
7.430
PSNS FOR MISCELLANEOUS WASTE STREAMS
Pollutant or
Maximum for Any
Maximum for Monthly
Pollutant Property
One Day (mg/off-kg)
Average (mg/off-kg)
Chromium
0.008
0.003
Copper
0.027
0.013
Lead
0.0021
0.0019
Nickel
0.011
0.008
Zinc
0.022
0.009
TTO
0.007
0.007
Oil and Grease
0.218
0.218
-13-
-------
-------
(Revised 4/6/84)
ELECTRICAL AND ELECTRONIC COMPONENTS (PHASE I)
CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
This summary provides industries subject to the Phase I Electrical and
Electronic Components categorical standards and Publicly Owned Treatment Works
(POTWs) with the information necessary to determine compliance with these
standards. The Electrical and Electronic Components standards were estab-
lished by the Environmental Protection Agency in Part 469 of Title 40 of the
Code of Federal Regulations (40 CFR 469). This summary is not intended to
substitute for the regulations published in the Code of Federal Regulations or
the Federal Register. For specific information, refer to the Federal Register
citations given below.
Federal Register Citation
Vol. 47, p. 37048, August 24, 1982
Vol. 48, p. 15382, April 8, 1983
Vol. 48, p. 41409, September 15, 1983
Important Dates
( Proposed Rule: August 24, 1982
\ Final Rule: April 8, 1983
J Amendment: September 15, 1983
\ Effective Date: May 19, 1983
J Baseline Monitoring Report (BMR)
I Due Date: November 15, 1983
I Compliance Dates:
- Pretreatment Standards for Existing Sources (PSES) for Total Toxic
Organics (TTO): July 1, 1984
- Pretreatment Standards for Existing Sources (PSES) for Arsenic: J*-
November 8, 1985
- Pretreatment Standards for New Sources (PSNS): From commencement of
discharge
SUBCATEGORIES
The Electrical and Electronic Components (Phase I) category is divided
into two subcategories, Semiconductors and Electronic Crystals.
The Semiconductor Subcategory is composed of plants manufacturing solid
state electrical devices that perform functions such as information processing
and display, power handling, and interconversion between light energy and
electrical energy. Semiconductors include light-emitting diodes (LEDs),
diodes and transistors, silicon-based integrated circuits, and liquid crystal
display (LCD) devices.
The Electronic Crystal Subcategory is composed of plants manufacturing
crystals or crystalline materials that are used.in electronic devices. These
crystals include quartz, ceramics, silicon, and gallium or indium arsenide.
-1-
-------
ELECTRICAL AND ELECTRONIC COMPONENTS (PHASE I) (cont.)
REGULATED POLLUTANTS
The pollutants regulated under the Electrical and Electronic Components
(Phase I) standard are total toxic organics (TTO) and arsenic. For this
category, the term total toxic organics (TTO) refers to the sum of concentra-
tions for each of the following compounds found in the discharge at a concen-
tration greater than 0.01 mg/1.
1,2,4-trichlorobenzene 2-chlorophenol
chloroform 2,4-dichlorophenol
1.2-dichlorobenzene 4-nitrophenol
1.3-dichlorobenzene pentachlorophenol
1.4-dichlorobenzene di-n-butyl phthalate
ethylbenzene anthracene
1,1,1-trichloroethane 1»2-diphenylhydrazine
methylene chloride isophorone
naphthalene butyl benzyl phthalate
2-nitrophenol 1.1-dichloroethylene
phenol 2,4,6-trichlorophenol
bis (2 ethylhexyl) phthalate carbon tetrachloride
tetrachloroethylene 1«2-dichloroethane
toluene 1,1,2-trichloroethane
trichloroethylene dichlorobromomethane
Under certain conditions, some dischargers may be exempted from monitor-
ing for TTO. Refer to 40 CFR Part 469.13(c) and (d) for details and applica-
bility.
Also, the pretreatment standards for total arsenic (arsenic T) apply only
to facilities in the electronic crystals subcategory that manufacture gallium
or indium arsenide crystals.
SIC CODES AFFECTED*
The Electrical and Electronic Components categorical standards affect
firms in SIC Code 36. The four—digit SIC codes listed below can be used to
identify firms that may be subject to the standards established under Phase I.
The SIC codes are intended to be used for guidance. Not all firms with these
SIC codes will be subject to the Phase I standards.
Subcategory SIC Codes
Semiconductors 3674
Electronic Crystals 3679
*Source: Summary of the Effluent Guidelines Division Rulemaking Activities,
July 1983.
-2-
-------
ELECTRICAL AND ELECTRONIC COMPONENTS (PHASE I) (cont.)
SUBCATEGORY A - SEMICONDUCTORS
The standards for Subcategory A do not apply to discharges from sputter-
ing, vapor deposition, and electroplating operations. These operations are
regulated under the Metal Finishing categorical standards.
PRETREATMENT STANDARDS FOR EXISTING SOURCES
Maximum For
Pollutant
or
Any One Day
Pollutant
Property
(mg/1)
TTO
1.37
PRETREATMENT STANDARDS FOR NEW SOURCES
Maximum For
Pollutant or
Any One Day
Pollutant Property
(mg/1)
TTO
1.37
SUBCATEGORY B - ELECTRONIC CRYSTALS
PRETREATMENT STANDARDS FOR EXISTING SOURCES
Average of Daily
Maximum For
Values For 30
Pollutant or
Any One Day
Consecutive Days
Pollutant Property
(mg/1)
(mg/1)
TTO
Arsenic (T)
1.37
2.09
0.83
-------
ELECTRICAL AND ELECTRONIC COMPONENTS (PHASE I) (cont.)
PRETREATMENT STANDARDS FOR NEW SOURCES
Average of Daily
Maximum For
Values For 30
Pollutant or
Any One Day
Consecutive Days
Pollutant Property
(mg/1)
(mg/1)
TTO
1.37
Arsenic (T)
2.09
0.83
-------
1)
*
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